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Bid Documents
Key Weslt iiiiiii iii Monroe County Runway 9-27 Repairs Bid Documents Project Manual - Volume 1 OF 2 BIDDING REQUIREMENTS AND CONTRACT FORMS Key v West International Airport EN Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Mr. Craig Cates, District 1 Mayor Ms. Holly Raschein, District 5 Mayor Pro Tem Ms. Michelle Lincoln, District 2 Commissioner Mr. Jim Scholl, District 3 Commissioner Mr. David Rice, District 4 Commissioner Prepared by: ON .jacobs 200 W. Forsyth St., Suite 1520 Jacksonville, FL 32202 904.636.5432 MARCH 2O23 3270 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual TABLE OF CONTENTS VOLUME I -BIDDING REQUIREMENTS AND CONTRACT FORMS Division I—Bid Documents Division II— Contract Division III—General Provisions Division IV— Special Provisions TABLE OF CONTENTS 3271 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual THIS PAGE INTENTIONALLY LEFT BLANK TABLE OF CONTENTS 3272 BID DOCUMENTS 3273 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK BIDDING REQUIREMENTS AND CONTRACT FORMS I-2 3274 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual DIVISION I BID DOCUMENTS SECTION A - NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS ........................I-5 SECTION B - INSTRUCTIONS TO BIDDERS..........................................................................I-6 SECTION C - PROPOSAL AND SCHEDULE OF BID ITEMS................................................I-16 SECTION D - BID BOND........................................................................................................I-21 SECTION E - DRUG-FREE WORK PLACE ...........................................................................1-23 SECTION F - PRIME BIDDER'S QUALIFICATIONS..............................................................1-24 SECTION G - DISCLOSURE OF LOBBY ACTIVITIES..........................................................1-27 SECTION H -ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM....................................I-28 SECTION I - INFORMATION ON DBE GOAL PARTICIPATION FOR PROJECTS RECEIVING FEDERAL FUNDING..............................................................................................................1-29 SECTION J - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM.............................1-32 SECTION K - BIDDER'S AFFIDAVIT IN COMPLIANCE WITH (THE FLORIDA TRENCH SAFETYACT........................................................................................................1-33 SECTION L - SWORN STATEMENT PURSUANT TO SECTION 287.133C3J(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES ...........................................................................1-35 SECTION M -SWORN STATEMENT UNDER ORDINANCE NO. 10-1990............................1-38 SECTION N - CERTIFICATION OF NONSEGREGATED FACILITIES ..................................1-39 SECTION O - FEDERAL WAGES DECISION........................................................................1-40 SECTION P - CERTIFICATION REGARDING DEBARTMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION -49 CFR PART 29.............................................................1-47 SECTION Q - NON-COLLUSION AFFIDAVIT........................................................................1-48 SECTION R—TEXTING WHILE DRIVING.............................................................................1-49 BIDDING REQUIREMENTS AND CONTRACT FORMS I-3 3275 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION S— PROCUREMENT OF RECOVERED MATERIALS..........................................I-50 SECTION T -VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS..................................................................................................................1-51 BIDDING REQUIREMENTS AND CONTRACT FORMS I-4 3276 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION A NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on Tuesday, May 2, 2023, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: RUNWAY 9-27 REPAIRS MONROE COUNTY,FLORIDA Pursuant to F.S. 50.0211(3)(a), all published competitive solicitation notices can be viewed at: www.floridapublicnotices.com, a searchable Statewide repository for all published legal notices. Requirements for submission and the selection criteria may be requested from DemandStar at www.demandstar.com OR www.monroecountybids.com. The Public Record is available upon request. Monroe County Purchasing Department receives bids electronically. Please do not mail or attempt to deliver in person any sealed bids. Mailed/physically delivered bids/proposals/responses WILL NOT be accepted. The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB- BIDS )monroecounty-fl.gov,no later than 3:OOP.M.,on May 2,2023. 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: EYW Runway 9-27 Repairs 05/02/2023 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(a>,monroecounty-fl.gov, in advance of the bid opening, please email: omb-purchasing&)monroecoun -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. The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on May 2, 2023. You may call in by phone or internet using the following: Join Zoom Meeting https:/fincbocc.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) Publication dates: Citizen:Wednesday,03/29/2023 Keys Weekly: Thursday,03/30/2023 News Barometer: Friday,03/31/2023 BIDDING REQUIREMENTS AND CONTRACT FORMS I-5 3277 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION B INSTRUCTIONS TO BIDDERS PRE-BID NOTICE: A MANDATORY Pre-Bid Conference will be held on Wednesday, April 121", 2023 at 2:00 PM in the construction trailers located at the corner of Faraldo Circle and Roosevelt Blvd, Key West, Florida. Attendance at the Pre-Bid Conference IS mandatory. For additional information concerning the pre-bid conference, please contact Beth Leto, Deputy Director, Airport Finance and Admin. By phoning 305-809-5239. 1. CONTENTS OF CONTRACT DOCUMENTS: Proposal forms are contained in these Contract Documents. All papers bound with or attached to the Proposal Form are a part of the Contract and must not be detached or altered. A Bid Bond in the form of a cashier's check, certified check or surety bond in the amount of not less than five percent (5%) of the total amount of bid submitted shall accompany each proposal. The Bid Bond shall be made payable to Monroe County Board of County Commissioner. No Bid Bond will be required if the contract amount is less than $150,000.00. 2. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK: The bidder shall examine carefully the site of the work and the Contract Documents and he shall investigate and satisfy himself as to the conditions to be encountered, as to the character, quality and quantity of work to be performed and materials to be furnished and as to the requirements of the Contract. Bidders shall familiarize themselves with all federal and state laws, local ordinances and regulations which may in any manner affect the work or its prosecution. The filing of a Proposal shall be presumptive evidence that the bidder has complied with these requirements. 3. INTERPRETATION OF DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the meaning of any part of the proposed Contract Documents, he / she may submit to the Engineer, Jacobs Engineering Group, at EMAIL: Lasa.Ennis iacobs.com, a written request for an interpretation of the proposed documents. No oral interpretations will be made to any respondent as to the meaning of any part of the bid documents. A summary of questions received and answers provided will be made in writing in the form of an addendum and, if issued, shall be posted on DemandStar and a notification will be furnished by DemandStar to all known prospective Respondents listed as planholders prior to the established Response opening date. It shall be the Respondents sole responsibility thereafter to download the addendum. Each respondent shall acknowledge receipt of such addenda in the space provided therefore in the proposal form. In case any respondent fails to acknowledge receipt of such addenda or addendum, his proposal will nevertheless be construed as though it had been received and acknowledged and the submission of his/her proposal will constitute acknowledgment of the receipt of same. All addenda are a part of the bid documents and each respondent will be bound by such addenda, whether or not BIDDING REQUIREMENTS AND CONTRACT FORMS I-6 3278 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual received by him/her. It is the responsibility of each respondent to verify that he/she has received all addenda issued before proposals are opened. Requests for interpretation will be accepted up to fifteen (15) calendar days prior to the bid due date. 4. ADDENDA: Any Addenda issued during the preparation of bids shall be included in the Proposal and shall become a part of the Contract Documents. Subcontractor's attention must be called to these changes as well as to the effect Addenda may have on their work. 5. PREPARATION OF PROPOSAL: Bidder shall submit the bidders proposal in electronic format (e-mail) only. Proposals shall be submitted on the Proposal Form contained in these Contract Documents. Each blank space in the Proposal Form shall be filled in correctly and the bidder shall state the price for which he proposes to do the work written in ink. The bidder will be responsible for all errors or omissions in his Proposal. Each bidder shall sign his Proposal correctly in ink. If the bidder is an individual, his name and post office address must be shown. If a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If a corporation, the Proposal must designate the state under the laws of which the corporation is chartered, the names, titles and business addresses of its officers and the one signing the Proposal as agent of the firm or corporation must furnish legal evidence that he has authority to such signature and that such signature is binding upon the firm or corporation. On the Proposal Form (Schedule of Bid Item sheets), the bidder shall enter in words and figures a unit price and in figures the product (extension) of the unit price and quantity in the appropriate column for each bid item exclusive of those items for which a fixed contract unit price and extension are shown. On "lump sum" items, the same amount shall be shown in both the unit price (words and figures)and extension (figures only) columns.After all extensions are made, the bidder shall total the extended amounts of the bid items and show his total of the extended amounts of the bid items and show his total bid amount in the appropriate place on the Proposal Form. All figures shall be legibly shown in ink or typed. Any inter-lineation, erasure or other alteration of a figure shall be initialed by the signer of the proposal. The Bidder will check the extension of each item given in the proposal and correct all errors and discrepancies. In case of a discrepancy between a unit bid price and the extension amount, the unit price will govern. In case of discrepancy between the unit price in words and figures, the words shall govern. The sum of the correct extension amounts will be the contract bid price. 6. ALTERNATE AND ADDITIVE BIDS: Where alternate designs are provided by the plans and proposal, the bidder shall enter prices only on the items for the design alternate that will be most economical for him to construct and other bid items that will be common for all alternates. The bidder shall enter the words "No Bid" in the unit price column on items for the design alternates not selected. If any item on the proposal form permits a choice between alternate specified types of materials, BIDDING REQUIREMENTS AND CONTRACT FORMS I-7 3279 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual the bidder shall indicate by a checkmark the type of material he proposes to use. If more than one type or none is checked, the Owner will make the selection. Where alternate designs are provided for which bids area called for on each alternate, the bidder shall furnish bid prices for each of the alternates. Failure to do this may be grounds for rejection of the proposal. Where additive bids are provided in the plans and proposal, the bidder shall enter prices for the additive bid items. Additive bids are work items that the Owner would like to include in the project depending upon base bid prices and the availability of Federal, State, and local funding. The Owner reserves the right to award the additive bid items and enter into additive bid item contracts separately from the base bid item award and contract as serves the best interest of the county. Award of the additive bid items and to whom awarded shall be at the Owner's sole discretion. 7. REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of form, additions not called for, conditional or alternate bids or irregularities of any kind. Proposals in which prices are obviously unbalanced may be rejected. The Owner reserves the right to waive technical errors, irregularities or informalities in any bid as may be deemed to be in the best interests of the County. The owner also reserves the right to reject any and all bids at the owner's sole discretion, to waive informalities in any or all bids, to re-advertise for bids; and to separately accept or reject any item or items of bid and to award and/or negotiate a contract in the best interest of the County. 8. BID PRICE: The price bid shall cover the cost of furnishing of all materials, tools, labor, transportation, local, state and federal taxes, Old Age Benefits, Social Security, services and equipment necessary to perform the work in full conformity with the Contract Documents. 9. PRE-QUALIFICATION OF BIDDERS: No proposal will be considered from any contractor unless he is licensed to do work in the State of Florida and is properly qualified to submit a proposal for this construction in accordance with all applicable laws of the State of Florida. Bidder shall submit"Evidence of Competency", consisting of statements covering the bidder's past experience on similar work, a list of equipment that would be available, latest financial statement, and a list of key personnel. (See General Provisions 20-02 and Section F "Prime Bidder's Qualification Form".) 10.AWARD OF CONTRACT: All bids, along with the staff recommendation, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. The Board reserves the right to reject any and all bids, to waive technical errors, irregularities or informalities in any or all bids, to re-advertise for bids; and to separately accept or reject any item or items of bid and to award and/or negotiate a contract in the best interest of the County. The award of the contract, should it be awarded, will be made by the Owner to the lowest responsible bidder whose proposal meets the requirements thereof. The award, if made, will BIDDING REQUIREMENTS AND CONTRACT FORMS I-8 3280 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual be made within one hundred twenty (120) days after opening of the proposal but no award will be made until the responsibility of the bidder to whom it is proposed to award the contract has been investigated. Notice of award will be mailed by the Owner to the successful bidder at the address stated in his proposal. Any Bidder/Respondent/Proposer who claims to be adversely affected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the County within seventy-two (72) hours or three (3) business days, whichever is less, after the posting of the notice of decision or intended decision on DemandStar or posting of the Notice of Decision or Intended Decision on the Monroe County Board of County Commissioner' agenda, whichever occurs first. Additionally, a formal written protest must be submitted in writing and must be received by the County Attorney's Office seventy-two (72) hours or three (3) business days prior to the Board of County Commissioner's meeting date in which the award of contract by the Board of County Commissioners will be heard. The only opportunity to address protest claims is before the BOCC at the designated public meeting in which the agenda item awarding the contract is heard. In accordance with the Rules of Debate as set forth in the Monroe County Board of County Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with his/her name and residence prior to the agenda item to award the contract being called in order to preserve their opportunity to be heard on this matter. An individual has three (3) minutes to address the Commission and a person representing an organization has five (5) minutes to address the Commission. The BOCC decision to award the contract is final and at their sole discretion. Failure to timely protest within the times prescribed herein shall constitute a waiver of the ability to protest the award of contract, unless it is determined that it is in the best interest of the County to do so. 11.RETURN OF BID BOND: All bid bonds except those of the two lowest qualified bidders will be returned promptly after the tabulation of the bids has been made and in no case will a bid bond be held longer than one hundred twenty (120) days without the bidder's written consent. 12.EXECUTION OF CONTRACT: The successful bidder will be required to execute the contract and furnish bond within fifteen (15) days of date of notice to award. In the case of a corporation, the officer or agent to execute the contract must be designated in a power of attorney executed by the Board of Directors and duly certified by the Secretary and bearing the seal of the corporation. When the successful bidder is a partnership, the power of attorney designating one member of the firm to execute the contract shall be filed with the Owner. Such power of attorney must bear the signature of the other members of the firm and must be executed before a notary. Any officer or agent signing on behalf of the surety company bonding the contractor will be required to file a power of attorney with the bond executed and will be required to affix the seal of the surety to said bond. 13.FAILURE TO EXECUTE CONTRACT: Should the successful bidder fail or refuse to execute the contract and furnish satisfactory bond BIDDING REQUIREMENTS AND CONTRACT FORMS I-9 3281 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual within fifteen (15) days after notice of award has been issued by the Owner, the bond filed with the proposal shall become the property of the Owner. At his option, the Owner may then annul the award and award the contract to the next lowest responsible bidder or reject all proposals and re- advertise. 14.CONTRACT TIME: The contractor shall begin work after receipt of the Notice to Proceed in accordance with Paragraphs 80-02 and 80-03 of the General Provisions and Special Provisions Nos. 2 and 3, and shall fully complete performance within sixty (60) calendar days of Notice to Proceed Construction. If the Contractor does not comply with the contract time, then liquidated damages will apply as per Special Provisions No. 2 and 3. 15.CONTRACT CLOSE-OUT: Subsequent to the final acceptance of this project by the Owner, the requirements of Special Provision No. 1, Section 25 "Project Documentation" Subsection H. "Prerequisites to Substantial Completion" must be satisfied. 16.BID PROPOSAL SUBMISSION: The Bid Proposal submitted for the work included in this project shall include the following fully executed documents: A. Bid Proposal Contract (Division I, Section C) B. Schedule of Bid Items (Division I, Section C) C. Bid Bond (Division I, Section D) D. Drug-free Work Place (Division I, Section E) E. Prime Bidder's Qualifications (Division I, Section F) F. Disclosure of Lobby Activities (Division I, Section G) G. Acknowledgment of Receipt of Addendum (Division I, Section H) H. Disadvantaged Business Enterprise (Division I, Section J) I. Bidder's Affidavit in Compliance with the Florida Trench Safety Act (Division I, Section K) J. Sworn Statement Under Section 287.133(3)(a) FLORIDA STATUTES, on Public BIDDING REQUIREMENTS AND CONTRACT FORMS I-10 3282 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Entity Crimes (Division I, Section L) K. Sworn Statement Under Ordinance No. 10-1990, Monroe County (Ethics Clause) (Division I, Section M) L. Certification of Non-segregated Facilities (Division I, Section N) M. Federal Wage Decision (Division I, Section O) N. Certification regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-49 CFR Part 29 (Division I, Section P) O. Copy of Contractor's license for State of Florida P. Bidder's Statement on Insurance (Division III, Section 140) Q. Non-Collusion Affidavit (Division I, Section Q) R. Texting While Driving (Division I, Section R) S. Procurement of Recovered Materials (Division I, Section S) T. Vendor Certification Regarding Scrutinized Companies Lists (Division I, Section T) 17.SUBMITTING BIDS: The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB-BIDS monroecounty-fl.Qov , no later than 3:00 P.M., on May 2nd, 2023. 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: Runway 9-27 Repairs Key West International Airport - Bid Submission Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum file size that will be accepted by email is 25MB. Please plan accordingly to ensure that your bid is not rejected due to the file size. Should your bid documents exceed 25MB, in advance of the bid opening, please email: omb-i)urchasina monroecounty-fl.gov. The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on May 2, 2023. You may appear by phone or internet using the following: Join Zoom Meeting httns:Hmcbocc.zoom.us/i/4509326156 Meeting ID: 4509326156 One tap mobile: BIDDING REQUIREMENTS AND CONTRACT FORMS I-11 3283 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 16465189805„4509326156#US (New York) +16699006833„4509326156#US (San Jose) Dial by your location: +1 646 518 9805 US(New York) +1 669 900 6833 US (San Jose) 18.WITHDRAWAL OF BIDS: Bids may be withdrawn on written or telegraphic request received from bidders prior to the time fixed for opening. Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. 19.BIDDERS PRESENT: At the time fixed for the opening of the bids, their contents will be made public for the information of bidders and other properly interested parties who may be present either by phone or internet. 20.BIDDERS INTERESTED IN MORE THAN ONE BID: If more than one bid for each contract is offered by any one party, by or in the name of his or their clerk, partner or other person, all such bids may be rejected. A party who has quoted prices on materials to bidders is not thereby disqualified from quoting prices to other bidders or from submitting a bid directly for the materials of work. 21.ERRORS IN BID: Bidders or their authorized agents are expected to examine the maps, drawings, specifications and all other instructions pertaining to the work, which will be open to their inspection. Failure to do so will be at the bidder's own risk and he cannot secure relief on the plea of error in the bid. In case of error in the extension of prices, the unit price will govern. 22.CONTRACT AND BOND: The bidder to whom award is made must,when required, enter into written contract on the standard form as set out herein with satisfactory security in the amount required, within the period specified or, if no period is specified, within ten (10) days after the prescribed forms are presented to him for signature. 23.COLLUSION If there is any reason for believing that collusion exists among the bidders, any or all proposals may be rejected and those participating in such collusion may be barred from submitting bids on the same or other work. 24.SUBLETTING OR ASSIGNING OF CONTRACT: (a) Limitations: The Contractor shall not sublet, assign, transfer, convey, sell or otherwise dispose of any portion of the contract, his right, title or interest therein, or his power to BIDDING REQUIREMENTS AND CONTRACT FORMS I-12 3284 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual execute such contract, to any person, firm or corporation without written consent of the Owner and such written consent shall not be construed to relieve the Contractor of any responsibility for the fulfillment of the contract. Unless otherwise stipulated in the proposal or special provisions and with the assistance of workmen under his immediate superintendence and reported on his payroll, all contract work of a value not less than fifty percent (50%) of the total contract amount, except that any items designated in the contract as "Specialty Items" may be performed by subcontract. They may be deducted from the total contract amount before computing the amount of work required to be performed by the Contractor with his own organization. (b) Subcontractor's Status: A subcontractor shall be recognized only in the capacity of an employee or agent of the contractor and the Contractor will be responsible to the Owner for all of the subcontractor's work, including failures or omissions and his removal may be required by the Engineer, as in the case of any employee. 25.PERMITS: The county cautions bidders that the contractor shall also be responsible for the permit fees of any state or federal agency having permitting jurisdiction over the project, including but not limited to, the ACE, DNR, and DER. 26.PRE-SUBMITTALS: Pre-submittal of data on various equipment, if required in the proposal, shall be made by the bidder and approval obtained from the Engineer. This approved list shall be the actual equipment used in the construction of this project if the contract is awarded on the bid. 27.SHOP DRAWINGS: Shop drawings will be reviewed by the Engineer for general conformance in accordance with the contract documents. The Contractor shall check all shop drawings in detail and stamp with his approval prior to submittal to the Engineer. The Engineer's review of shop drawings shall not relieve the Contractor from his responsibility for any deviations from the requirements of the contract documents. Contractor shall submit electronic copies of shop drawings to the engineer for approval. 28.FLORIDA TRENCH SAFETY ACT: In accordance with the provisions of the Florida Trench Safety Act, if applicable, the bidder shall indicate in his bid his cost of compliance with the requirements of the Florida Trench Safety Act and shall also complete and properly execute the bidder's Affidavit in compliance with the provisions of the Florida Trench Safety Act (Sections 553.60-553-64, Florida Statutes). 29.SCHEDULE OF WORK: Contractor shall coordinate work items that may overlap with other work being performed by other contractors. Each bidder shall take this into account and no provision for re-mobilization or re- negotiation for time delay can be made. Depending on the bids received, certain quantities may be BIDDING REQUIREMENTS AND CONTRACT FORMS I-13 3285 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual increased or decreased and no provision shall be made for re-negotiation (see Division I, General Provisions, Section 40, for further information). 30.PROJECT FUNDING: Work included in this project will be paid by funds from Monroe County, the Federal Aviation Administration (FAA), Florida Department of Transportation (FDOT) and in part from Key West International Airport Operating Funds. 31.DISADVANTAGED BUSINESS ENTERPRISES (DBE) SUBCONTRACTOR GOALS: The DBE goal for this FAA funded project is 5%. As a matter of responsibility, the Contractor needs to provide 5% race-neutral DBE in the base bid schedule. Respondents may meet this goal by being a certified DBE under FUCP or by subcontracting a portion of the work to a DBE certified under FUCP. Any respondent that is unable to meet this goal will be required to provide documentation of its good faith effort to meet this goal. DBE goal achievement is not a condition of bid award. Any bid proposal that fails to meet the DBE goal and fails to provide adequate documentation of a good faith effort to meet the goal shall be deemed non-responsive for failing to comply with the DBE requirement. 32.PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 33.DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY and OBLIGATION: DBE POLICY: It is the policy of the FAA and of the Florida Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds contract. The DBE requirements of 49 CFR Part 26, as amended, apply to this contract. DBE OBLIGATION: Monroe County and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. The Disadvantaged Business Enterprise Program statements and certification shall be fully completed and submitted as required by Section 150 of the specifications. This form is provided in Division I, Bid Documents, Section J. BIDDING REQUIREMENTS AND CONTRACT FORMS I-14 3286 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 34.EQUAL EMPLOYMENT OPPORTUNITY: In connection with the carrying out of this project, the contractor shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, marital status, familial status, sexual orientation, gender identity, expression or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor shall insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. 35.CERTIFICATION OF NONSEGREGATED FACILITIES: The Certification of Non-segregated Facilities as required by Section 160, shall be completed and submitted with the bid proposal. This form is provided in Division I, Bid Documents, Section N. BIDDING REQUIREMENTS AND CONTRACT FORMS I-15 3287 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION C PROPOSAL AND SCHEDULE OF BID ITEMS Contract BID TO: Monroe County Purchasing Department 1100 Simonton Street Suite 1-213 Key West, Florida 33040 BID FROM: Submitted(Date): The undersigned, as Bidder, hereby declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the plans and specifications for the work and contractual documents relative thereto, and has read all bid documents, Contract Documents, General Provisions, Special Provisions and Specifications furnished; and that he has satisfied himself relative to the work to be performed. 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: Runway 9-27 Repairs Key West International Airport - Bid Submission Monroe County, Florida in full and complete accordance with the shown, noted, described and reasonably intended requirements of the plans, specifications and contract documents to the full and entire satisfaction of the Monroe County Board of Commissioners, with a definite understanding that no money will be allowed for extra work except a set forth in the attached Contract Documents for the unit prices listed opposite each item. BIDDING REQUIREMENTS AND CONTRACT FORMS I-16 3288 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual The Contractor shall complete the Schedule of Values included as Attachment "A". The Schedule shall be added and the final total base bid amount will be: $ Dollars (Total Base Bid -words) It is agreed that the description under each item, being briefly stated, implies, although it does not mention, all incidentals and that the prices stated are intended to cover all such work, materials and incidentals as constitute Bidder's obligations as described in the specifications and any details not specifically mentioned, but evidently included in the contract shall be compensated for in the item which most logically includes it. The quantities for bid items listed on the attached Schedule of Bid Item sheets are estimated quantities only for the purpose of comparing bids. Any difference between these estimated quantities and actual quantities required for construction will not be allowed as basis for claims by the Contractor for extra compensation. Compensation will be based on the unit prices and actual construction quantities and may be modified as stipulated by Sections 20-05 and 90-03 of the General Provisions. The bidder further proposes and agrees hereby to commence the work with an adequate force, plant and equipment at the time stated in the notice to the Contractor from the Owner to proceed and fully complete performance within the time period stated in the Instructions to Bidders from and after the date stated in the Notice-to-Proceed. The undersigned further agrees that in case of failure on his part to execute the said contract and the bond within ten (10) consecutive calendar days after written notice being given of the award of the contract, the check or bid bond in the amount as specified herein accompanying this bid and the monies payable thereon, shall be paid into the funds of the Monroe County Board of Commissioners as liquidated damages for such failure; otherwise, the check or bid bond accompanying this proposal shall be returned to the undersigned. Monroe County's performance and obligation to pay under this Contract, is contingent upon an annual appropriation by the BOCC. Attached hereto is a certified check on the Bank of or a bid bond for the sum of dollars ($ ) made payable to the Monroe County Board of Commissioners. BIDDING REQUIREMENTS AND CONTRACT FORMS I-17 3289 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Checkmarks I have included Division I which entails the proposal forms. Schedule of Bid Items (Attachment "A"). Bid Bond The Drug-Free Workplace form. Vendor Certification Regarding Scrutinized Companies Prime Bidder's Qualifications: List of major contracts in past 10 years List of equipment and plant available for this project Copy of latest financial statement Disclosure of Lobby Activities Acknowledgement of Receipt of Addendum Disadvantaged Business Enterprise Program DBE Utilization Form "Attachment 1", Division III _ DBE Letter of Intent"Attachment 2", Division III Bidder's Affidavit in Compliance with Florida Trench Safety Act Sworn Statement Pursuant to Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes Sworn Statement Under Ordinance No. 10-1990 Certification of Non-segregated Facilities Federal Wage Decision Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion 49 CFR Part 29 Copy of Bidder's License for State of Florida, evidence of competency and evidence of financial responsibility _ Bidder's Statement on Insurance Non-Collusion Affidavit (Checkmark items above as a reminder that they are included.) Mailing Address: BIDDING REQUIREMENTS AND CONTRACT FORMS I-18 3290 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Phone Number: Date: Signed: (Name) (Title) Witness: (Seal) BIDDING REQUIREMENTS AND CONTRACT FORMS I-19 3291 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual ATTACH M ENT " A " SCHEDULE OF BID ITEMS Runway 9-27 Repairs BIDDER NAME: AIRPORT NAME: Key West International Airport PROJECT DESCRIPTION: Runway 9-27 Repairs Payment for the work shall be made at the contract price and payment shall be full compensation for furnishing all materials, equipment, labor, processes, tools and incidental costs required to complete the work. BIDDER NAME: AIRPORT NAME: KEY WEST INTERNATIONAL AIRPORT PROJECT DESCRIPTION: Runway 9-27 Repairs BASE BID ITEM SPEC. No. ITEM DESCRIPTION UNIT ESTIMATED UNIT EXTENDED QUANTITY PRICE TOTAL 1 C-100-1 CONTRACTOR QUALITY LS 1 CONTROLPROGRAM CQCP 1 C-105-1 MOBILIZATION LS 1 3 P-101-1 COLD MILLING (4" DEPTH) SY 9,210 4 P-101-2 COLD MILLING (0.5" DEPTH) SY 8,920 5 P-102-1 SAFETY AMD SECURITY LS 1 6 P-401-1 ASPHALT SURFACE COURSE TON 2,630 7 P-603-1 ASPHALT TACK COAT GAL 1,460 8 P-620-1 REFLECTIVE PAVEMENT SF 14,980 MARKING WITH GLASS BEADS 9 P-620-2 NON-REFLECTIVE PAVEMENT SF 3,570 MARKING 10 P-620-3 TEMPORARY PAVEMENT SF 14,980 MARKING 11 P-621-1 RUNWAY PAVEMENT GROOVING SY 6,450 12 SP-12-1 STANDBY TIME HR 10 BIDDING REQUIREMENTS AND CONTRACT FORMS I-20 3292 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION D BID BOND Contract KNOW ALL MEN BY THESE PRESENTS, that we: as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of Florida, as Surety, hereinafter called the Surety, are held and firmly bound unto the Monroe County Board of Commissioners as Obligee, hereinafter called the Obligee, in the sum of: dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for: Runway 9-27 Repairs Key West International Airport - Bid Submission Monroe County, Florida NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED further, that if the Principal shall submit the apparent lowest bid acceptable to the Obligee but shall fail to meet DBE goals as set forth in the bid specifications, then Principal shall, upon request of the Obligee, submit to Obligee such additional evidence of Principal's good faith efforts to meet such goals in the manner and within the time required in such specifications. BIDDING REQUIREMENTS AND CONTRACT FORMS I-21 3293 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Signed and sealed this day of 20_ (Principal) (Seal) (Witness) (Title) (Surety) (Seal) (Witness) Countersigned by: By: (Title) All bonds must be signed by a Florida resident agent with a legal street address; Post Office boxes are not acceptable. Bid will not be considered unless the bid bond is signed by both Principal and Surety. BIDDING REQUIREMENTS AND CONTRACT FORMS I-22 3294 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION E DRUG FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087, hereby certifies that: (Name of Business) 1 . Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Sub-section (1). 4. In the statement specified in Sub-Section (1), notify the employees that as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As a person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder's Signature Date: BIDDING REQUIREMENTS AND CONTRACT FORMS I-23 3295 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION F PRIME BIDDER'S QUALIFICATIONS In order to determine if persons submitting bids are responsible, each contractor shall furnish with his bid the following completed information, and signed statements on "evidence of competency" and "evidence of financial responsibility", which is in accordance with General Provision 20-02. 1. Name of Bidder: 2. Business Address: 3. Telephone Number: 4. When Organized: 5. Where Incorporated: 6. A list of the person's or entity's shareholder with five (5) percent or more of the stock or, if a general partnership, a list of the general partners; or if a limited liability company, a list of its members; or, if a solely owned proprietorship, names(s) of owner(s). 7. A list of the officers and directors of the entity. 8. The number of years the person has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the Bid specifications (include a list of similar projects). 9. The number of years the person has operated under its present name and any prior names. 10. How many years have you been engaged in the contracting business under the present firm name? 11. What is the type of construction work in which you are principally engaged? 12. On separate sheet list major contracts in past 10 years. 13. On separate sheet list equipment and plant available for this project. 14. Enclose a copy of latest 3 years of Financial Statements for the responding entity or for any entity that is a subsidiary to the responding entity. BIDDING REQUIREMENTS AND CONTRACT FORMS I-24 3296 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 15. Credit Available for this Contract: $ 16. Contracts now in hand, Gross Amount: $ 17. Have you ever refused to sign a contract at your original bid? 18. On separate sheet, list the last five (5) projects over$500,000 on which the contractor has worked, and telephone numbers. 19. Answers to the following questions regarding claims and suits: a. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details.) b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers or general partners? (If yes, provide details.) C. Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five (5)years, been a party to any lawsuit or arbitration with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? (If yes, provide details) d. Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? (If yes, provide details) e. Whether, within the last five (5) years, an officer, general partner, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids; f. Customer references (minimum of three), including name, current address and current telephone number: g. Credit references (minimum of three), including name, current address and current telephone number. h. Any financial information requested by the county department involved in the competitive solicitation, related to the financial qualifications, technical competence, the ability to satisfactorily perform within the contract time BIDDING REQUIREMENTS AND CONTRACT FORMS I-25 3297 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual constraints, or other information the department deems necessary to enable the department and board of county commissioners to determine if the person responding is responsible. 20. Remarks: (The above statements must be subscribed and sworn to before a Notary Public.) Date: Firm Name: By: Title: Notary Public: BIDDING REQUIREMENTS AND CONTRACT FORMS I-26 3298 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION G DISCLOSURE OF LOBBY ACTIVITIES Certification of Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreements and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this Federal contract, Grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants and contracts under Grants, loans and cooperative agreements)and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed: Dated: Contractor's Authorized Representative BIDDING REQUIREMENTS AND CONTRACT FORMS I-27 3299 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION H ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM Addendum signatlire Date o. BIDDING REQUIREMENTS AND CONTRACT FORMS I-28 3300 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION I INFORMATION ON DBE GOAL PARTICIPATION FOR PROJECTS RECEIVING FEDERAL FUNDING 1. In accordance with 49 CFR Part 26, the Disadvantaged Business Enterprise (DBE) Program shall apply to this Contract. All persons or entities responding to this solicitation shall utilize, or attempt to utilize, DBE firms to perform at least the assigned participation goal ("DBE Goal")for this Contract. Bidders/Offerors shall submit at time of bid a Disadvantage Business Enterprise(DBE) Utilization form—See Division III,Section 150-07"Other Contract Provision" Attachment 1 for this form. 2. Program Requirements for DBE participation: a) For a DBE firm's participation to be considered in meeting the DBE goal, the DBE firm must be certified as a DBE by a member of the Florida Unified Certification Program (FLUCP) to perform the applicable work no later than the date your response or bid is due to the County (i.e., time of bid opening).A comprehensive listing of certified DBE firms is published in the Florida Department of Transportation (FDOT) Business Directory and can be viewed at the following Unified Certification Program (UCP)website: htt s://fdotxwp02.dot.state.R us/EgualOpportunityOfficeBusinessDirectory/ b) A certified DBE firm may only participate in a contract if it is performing a commercially useful function. A certified DBE firm performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved.To perform a commercially useful function, the certified DBE firm must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. 3. Compliance with DBE goal requirements is a matter of responsibility. Information demonstrating such compliance must be submitted with the bid at time of bid opening. Bidder/Offeror must at least show an attempt to meet the DBE goal by providing com pl eted Letters of Intent (LOI) between Bidder/Offerer and Disadvantaged Business Enterprise (DBE) forms for each DBE — See Division III, Section 150-07 "Other Contract Provision"Attachment 2 for this form.Alternatively, Bidder/Offeror may show good faith efforts to meet the DBE goal by providing an Application for Evaluation of Good Faith Effort to Meet DBE Goals form - See Division III, Section 150-07 "Other Contract Provision" — Attachment 3 for this form. Submittal of Attachment 3 also requires bidder/offer submittal of supporting documentation of good faith efforts. Failure to demonstrate of good faith efforts to meet the DBE goal shall be grounds for a finding of non-responsibility. In connection with the DBE goal, Bidder/Offeror may be deemed responsible in one of two ways. a) The first way you may be deemed responsible is by submitting Letters of Intent (LOIs) from certified DBE firms which, cumulatively, fully meet the goal. BIDDING REQUIREMENTS AND CONTRACT FORMS I-29 3301 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual b) If the Bidder/Offeror is unable to fully meet the DBE Goal, the second way the Bidder/Offeror may be deemed responsible is by demonstrating good faith efforts to meet the goal ("Good Faith Efforts") and submits a completed Application for Evaluation of Good Faith Effort to Meet DBE Goals. The Bidder/Offeror should include any LOIs from certified DBE firms which partially meet the DBE goal and additional documentation of good faith efforts on the part of the Bidder/Offeror to meet the DBE goal. Such Good Faith Efforts shall be consistent with the guidance concerning good faith efforts provided by the federal (U.S.) Department of Transportation, found in Title 49 CFR 26, Appendix A. Without limiting the preceding sentence, documentation Bidder/Offeror may submit to demonstrate Good Faith Efforts may include, but is not limited to: i. Providing timely solicitation activities to certified DBE firms, including attendance at pre-bid meetings, advertisements, or written notices; ii. Identifying appropriate contract portions and scopes of work that certified DBE firms could potentially perform; iii. Providing timely and adequate information to the certified DBE firms(including plans and specifications); iv. Good faith negotiation with each interested, certified DBE firm (including names and contact information of each DBE firm considered) with an explanation as to why negotiations failed; and V. Investigating DBE qualifications and capabilities; list reason(s) if a certified DBE firm is rejected. c) Bidder/Offeror shall submit Attachment 1,Attachment 2, and if needed, Attachment 3 with relevant documentation at time of bid with bid submittal. 4. Additional factors in Review of Good Faith Efforts: In evaluating your Good Faith Efforts, the County may also consider the success other Bidder/Offerors that have responded to the solicitation have had in meeting the DBE Goal. 5. Opportunity to Cure-The Airport's Disadvantage Business Enterprise Liaison Officer(DBELO) shall review your bid/offer. If the DBELO discerns your intent to meet the DBE Goal, but determines that your response contains technical errors or requires further documentation, then the DBELO may provide you with three (3) business days to correct those errors or provide documentation. 6. Reconsideration of Lack of Good Faith Efforts - Within five (5) days of being informed by the Airport's DBELO that a bidder/offeror is not responsive because it has not documented sufficient good faith efforts, the bidder or proposer may request administrative reconsideration. The bidder or proposer must make this request in writing to the Director of Airports: Director of Airports Key West International Airport 3491 South Roosevelt Boulevard Key West, Florida 33040 Phone: (305) 809- 5210 Following the receipt of the request for reconsideration the Director of Airports shall review the request and shall either act as the Reconsideration Official or appoint a Reconsideration Official BIDDING REQUIREMENTS AND CONTRACT FORMS I-30 3302 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual to act on her behalf. The Reconsideration Official will not have a role in the original determination that a bidder/offeror failed to meet the DBE goal or to document good faith efforts. As part of the reconsideration, the bidder or proposer will have the opportunity to provide written documentation or argument concerning the issue of whether it met the DBE goal or made adequate good faith efforts to do so. The bidder or proposer will have the opportunity to meet the Reconsideration Official in person to discuss the issue of whether it met the goal or made adequate good faith efforts. The Reconsideration Official will send the bidder or proposer a written decision on reconsideration no later than seven (7) days prior to the award of the contract, explaining the basis for finding that the bidder or proposer did or did not meet the DBE goal or make adequate good faith efforts. In the event a bidder or proposer protests the decision of the Reconsideration Official, the bidder or proposer must appear at the Board of County Commissioners meeting at which the approval of the award of contract is set to be heard. The bidder or proposer must submit a speaker's card and request to be heard on the matter. The bidder or proposer shall be given an opportunity to be heard before final award of the contract. The result of the reconsideration process is not administratively appealable to the Department of Transportation — Federal Aviation Administration (FAA). 7. DBE participation shall be counted in accordance with 49 CFR 26.55. 8. Nothing herein shall be construed to indicate that a higher level of certified DBE firm involvement above the stated DBE goal will give any person or entity that has responded to the solicitation or bid an advantage over other responders who have met the DBE goal or shown Good Faith Efforts, as determined by the County. BIDDING REQUIREMENTS AND CONTRACT FORMS I-31 3303 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION J DISADVANTAGED BUSINESS ENTERPRISE PROGRAM (THIS FORM IS DUE AT TIME OF BID) Contract DBEs must be certified by a member of the Florida Unified Certification Program (FUCP) at time of bid. A list of certified DBE firms is available in the FDOT's Business Directory, which can be accessed online at the following: htt s://www3b.dot.state.fl.us/Eaua1Oi)i)ortunityOfficeBusinessDirectory/ (As Required by Division III, Section 150 of the General Provisions) DBE Subcontractors Subcontract Work Item Dollar Value of Subcontract Names/Address Work Total Dollar Value of Subcontract Work $ Total Dollar Value of Basic Bid $ Total DBE Percent (Round to nearest 1/10 percent) % NOTE: The bidder must include with the bid proposal fully completed the Attachment 1 — 11Disadvantaged Business Enterprise (DBE)Utilization", and Attachment 2"Letter of Intent", and if needed Attachment 3-Application for Evaluation of Good Faith Effort to Meet DBE Goals shown on Division III —Section 150-07"Other Contract Provision". BIDDING REQUIREMENTS AND CONTRACT FORMS I-32 3304 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION K BIDDER'S AFFIDAVIT IN COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT (SECTION 553.60-553.64, FLORIDA STATUTES) STATE OF FLORIDA ) ) SS COUNTY OF MONROE ) BEFORE ME, the undersigned authority, personally appeared who, being duly sworn, deposes and says as follows: That he is the duly authorized representative of: (Name of Bidder) being its (Owner) (Partner) (President or other Corporate Officer) and as such, has full authority to execute this Bidder's Affidavit. 1. The full legal name and business address of the person or entity submitting this bid: 2. By submission of this bid and subsequent execution of this Contract, the undersigned bidder certifies that as successful bidder (Contractor) all trench excavation done within his control (by his own forces or by his subcontractors) shall be accomplished in strict adherence with OSHA Trench Safety Standards contained in 19 CFR, s.1926.650, Sub-part P, including all subsequent revisions or updates to these Standards as adopted by the Department of Labor and Employment Security. 3. The bidder acknowledges that included in the various items listed in the Schedule of Prices BIDDING REQUIREMENTS AND CONTRACT FORMS I-33 3305 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 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 D TOTAL: $ Signature of Authorized Representative: Title Date NOTARIAL JURAT STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC BIDDING REQUIREMENTS AND CONTRACT FORMS I-34 3306 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION L SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES This form must be signed and sworn to in the presence of a Notary Public or other official authorized to administer oaths. 1. This sworn statement is submitted with Bid, Proposal or Contract No. for 2. This sworn statement is submitted by (name of entity submitting sworn statement) whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is: (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 3. My name is and (please print name of individual signing) my relationship to the entity named above is 4. I understand that a "public entity crime", as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving anti-trust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation. 5. I understand that "convicted" or "conviction", as defined in Paragraph 287.133(1)(6), Florida Statutes, means a finding of guilt or a conviction of a public entity crime with or without an adjudication of guilt in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial or entry of a plea of guilty or nolo contendere. BIDDING REQUIREMENTS AND CONTRACT FORMS I-35 3307 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 6. 1 understand that an "affiliate", as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. 1 understand that a "person", as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) Neither the entity submitting this sworn statement nor any of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1 , 1989, AND (please indicate which additional statement applies) There has been a proceeding concerning the conviction before a Hearing Officer of the State of Florida, Division of Administrative Hearings. The Final Order entered by the Hearing Officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the Final BIDDING REQUIREMENTS AND CONTRACT FORMS I-36 3308 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The Final Order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the Final Order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) Signature of Authorized Representative: Title Date NOTARIAL JURAT STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC BIDDING REQUIREMENTS AND CONTRACT FORMS I-37 3309 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION M SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this Contract without liability and may also, in its discretion, deduct from the Contract or purchase price or otherwise recover the full amount of any fee, commission, percentage, gift or consideration paid to the former County officer or employee. (Signature) Date: NOTARIAL JURAT STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC BIDDING REQUIREMENTS AND CONTRACT FORMS I-38 3310 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION N CERTIFICATION OF NONSEGREGATED FACILITIES CONTRACT (As Required by Division III, Section 160 Subsection 160-02 Equal Employment Opportunity Requirements of the General Provisions) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control,where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, disability, sex, age, ancestry, marital status, familial status, sexual orientation, gender identity, expression or national origin, because of habit, local custom, or any other reason. The federally assisted construction agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods)he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that he will retain such certifications in his files Signature of Contractor Title BIDDING REQUIREMENTS AND CONTRACT FORMS I-39 3311 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION O FEDERAL WAGE DECISION "General Decision Number: FL20230147 01/06/2023 Superseded General Decision Number: FL20220147 State: Florida Construction Type: Highway County: Monroe County in Florida. HIGHWAY CONSTRUCTION PROJECTS 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) . lIf the contract is entered 1 . Executive Order 14026 1 linto on or after January 30, 1 generally applies to the 1 12022, or the contract is 1 contract. 1 ) renewed or extended (e.g. , an 1 . The contractor must pay 1 loption is exercised) on or 1 all covered workers at 1 lafter January 30, 2022 : 1 least $16 .20 per hour (or 1 I the applicable wage rate 1 I listed on this wage 1 I determination, if it is 1 I higher) for all hours 1 I spent performing on the 1 I contract in 2023. 1 I I I lIf the contract was awarded onl . Executive Order 13658 1 for between January 1, 2015 andl generally applies to the 1 1January 29, 2022, and the I contract. 1 ) contract is not renewed or 1 . The contractor must pay alll lextended on or after January 1 covered workers at least 1 130, 2022 : 1 $12 . 15 per hour (or the 1 I I applicable wage rate listed) I I on this wage determination, ) BIDDING REQUIREMENTS AND CONTRACT FORMS I-40 3312 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual if it is higher) for all hours spent performing on that contract in 2023 . I I I The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol .gov/whd/govcontracts . Modification Number Publication Date 0 01/06/2023 ELEC0349-002 09/01/2021 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 37 . 61 11 . 72 ---------------------------------------------------------------- SUFL2013-008 08/19/2013 Rates Fringes CARPENTER, Includes Form Work. . . .$ 11 . 95 ** 1 . 44 CEMENT MASON/CONCRETE FINISHER. . .$ 13. 65 ** 0 . 00 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine) . . . . .$ 12 . 70 ** 0 . 00 HIGHWAY/PARKING LOT STRIPING: Operator (Spray Nozzleman) . . . . . . .$ 13. 08 ** 0 . 00 INSTALLER - GUARDRAIL. . . . . . . . . . . .$ 14 . 44 ** 0 . 00 IRONWORKER, REINFORCING. . . . . . . . . .$ 13. 85 ** 0 . 00 LABORER (Traffic Control Specialist) . . . . . . . . . . . . . . . . . . . . . .$ 12 . 17 ** 1 . 71 LABORER: Asphalt, Includes BIDDING REQUIREMENTS AND CONTRACT FORMS I-41 3313 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Raker, Shoveler, Spreader and Distributor. . . . . . . . . . . . . . . . . . . . . .$ 13. 60 ** 0 . 00 LABORER: Common or General . . . . . .$ 11 . 96 ** 2 . 90 LABORER: Flagger. . . . . . . . . . . . . . . .$ 9. 87 ** 0 . 00 LABORER: Grade Checker. . . . . . . . . .$ 11 . 45 ** 0 . 00 LABORER: Landscape & Irrigation. . . . . . . . . . . . . . . . . . . . . . .$ 11 . 16 ** 0 . 00 LABORER: Pipelayer. . . . . . . . . . . . . .$ 12 . 68 ** 0 . 00 OPERATOR: Backhoe/Excavator/Trackhoe . . . . . . .$ 17 .20 0 . 00 OPERATOR: Bobcat/Skid Steer/Skid Loader. . . . . . . . . . . . . . . .$ 11 . 60 ** 0 . 00 OPERATOR: Broom/Sweeper. . . . . . . . .$ 10 . 89 ** 0 . 00 OPERATOR: Bulldozer. . . . . . . . . . . . .$ 13. 90 ** 0 . 00 OPERATOR: Crane . . . . . . . . . . . . . . . . .$ 17 . 83 0 . 00 OPERATOR: Forklift. . . . . . . . . . . . . .$ 11 . 03 ** 0 . 00 OPERATOR: Grader/Blade. . . . . . . . . .$ 16. 08 ** 0 . 00 OPERATOR: Loader. . . . . . . . . . . . . . . .$ 16.59 0 . 00 OPERATOR: Mechanic. . . . . . . . . . . . . .$ 13.55 ** 0 . 00 OPERATOR: Milling Machine . . . . . . .$ 13.23 ** 0 . 00 OPERATOR: Oiler. . . . . . . . . . . . . . . . .$ 12 . 61 ** 0 . 00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . .$ 18 . 17 0 . 00 OPERATOR: Roller. . . . . . . . . . . . . . . .$ 13.28 ** 2 .39 OPERATOR: Screed. . . . . . . . . . . . . . . .$ 15. 79 ** 0 . 00 OPERATOR: Trencher. . . . . . . . . . . . . .$ 16. 00 ** 0 . 00 TRAFFIC SIGNALIZATION: BIDDING REQUIREMENTS AND CONTRACT FORMS I-42 3314 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Traffic Signal Installation. . . . . .$ 19. 03 0 . 00 TRUCK DRIVER: Dump Truck. . . . . . . .$ 12 . 66 ** 0 . 00 TRUCK DRIVER: Lowboy Truck. . . . . .$ 14 . 94 ** 0 . 00 TRUCK DRIVER: Water Truck. . . . . . .$ 13. 05 ** 0 . 00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . ---------------------------------------------------------------- ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16 .20) or 13658 ($12 .15) . Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017 . If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https : //www.dol.gov/agencies/whd/government-contracts . 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 BIDDING REQUIREMENTS AND CONTRACT FORMS I-43 3315 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 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 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. BIDDING REQUIREMENTS AND CONTRACT FORMS I-44 3316 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Union Average Rate Identifiers Classification (s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014 . UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date 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 National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations . Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 BIDDING REQUIREMENTS AND CONTRACT FORMS I-45 3317 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 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" BIDDING REQUIREMENTS AND CONTRACT FORMS I-46 3318 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION P CERTIFICATION REGARDING DEBARTMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION -49 CFR PART 29 (Version 1, 5/90) The bidder/offerer certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligibility, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this cause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offerer/contractor any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. SIGNATURE OF CONTRACTOR TITLE BIDDING REQUIREMENTS AND CONTRACT FORMS I-47 3319 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION Q NON-COLLUSION AFFIDAVIT I, , of the city of according to law on my oath, and under penalty of perjury, depose and say that: 1) 1 am of the firm of the bidder making the bid proposal for the project described in the Notice for Calling for bids for: and that I executed the said proposal with full authority to do so: 2) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature of the Bidder) (Date) NOTARIAL JURAT STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. BIDDING REQUIREMENTS AND CONTRACT FORMS I-48 3320 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual NOTARY PUBLIC SECTION R TEXTING WHILE DRIVING In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 "Text Messaging While Driving" (12/30/2009), the FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub-grant. In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the 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. BIDDING REQUIREMENTS AND CONTRACT FORMS I-49 3321 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION S PROCUREMENT OF RECOVERED MATERIALS Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use of products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever: a) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or, b) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year. The list of EPA-designated items is available at www.epa.gov/epawaste/conserve/tools/cpg/products/. Section 6002(c) establishes exceptions to the preference for recovery of EPA- designated products if the contractor can demonstrate the item is: a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule; b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price. BIDDING REQUIREMENTS AND CONTRACT FORMS I-50 3322 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION T VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Respondent Vendor Name: Vendor FEIN: Vendor's Authorized Representative Name and Title: Address: City: State: Zip: Phone Number: Email Address: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Title: Note: The List are available at the following Department of Management Services Site: http://www.dms.myflorida.corn/business operations/state purchasing/vendor_information/convicted sus Mended—discriminatory complaints—vendor—lists BIDDING REQUIREMENTS AND CONTRACT FORMS I-51 3323 CONTRACT 3324 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK CONTRACT 11-2 3325 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual DIVISION II CONTRACT SECTION A - PUBLIC CONSTRUCTION BOND ........................................................................II-5 SECTION B - CERTIFICATE OF OWNER'S ATTORNEY (N/A) ..............................................II-15 SECTION C -ACKNOWLEDGMENT FOR CHANGE ORDERS...............................................II-17 SECTION D - CONTRACT .......................................................................................II-19 CONTRACT 11-3 3326 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK CONTRACT 11-4 3327 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION A PUBLIC CONSTRUCTION BOND By this Bond, We as Principal, whose principal business address is , as corporation, as Surety, are bound to Monroe County hereinafter called County, in the sum of U.S. Dollars $ (Minimum 100% of total bid amount) for payment which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1 . Performs the contract dated, 2023 between Principal and County for construction of Runway 9-27 Repairs the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract. 2. Promptly make payments to all claimants, as defined in Section 255.05 (1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, which is made a part of this bond by reference, and in the times and in the manner prescribed in the Contract; and 3. Pays the County all losses, damages, expenses, costs and attorney's fees, including appellate proceedings, that County sustains because of a failure by Principal under the Contract; and 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void; otherwise it remains in full force. This bond is subject to the provisions of Section 255.05, Florida Statues. Any changes in or under the Contract Documents and compliance or non-compliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Bond of contractor constructing public buildings; form; action by material men (Florida Statues-Section 255.05) (1)(a) Any person entering into a formal contract with the state or any county, city, or political subdivision thereof, or other public authority or private entity, for the construction of a public building, for the prosecution and completion of a public work, or for repairs upon a public building or public work shall be required, before commencing CONTRACT 11-5 3328 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual the work or before recommencing the work after a default or abandonment, to execute, deliver to the public owner, and record in the public records of the county where the improvement is located, a payment and performance bond with a surety insurer authorized to do business in this state as surety. A public entity may not require a contractor to secure a surety bond under this section from a specific agent or bonding company. The bond must state on its front page: the name, principal business address, and phone number of the contractor, the surety, the owner of the property being improved, and, if different from the owner, the contracting public entity; the contract number assigned by the contracting public entity; and a description of the project sufficient to identify it, such as a legal description or the street address of the property being improved, and a general description of the improvement. Such bond shall be conditioned upon the contractor's performance of the construction work in the time and manner prescribed in the contract and promptly making payments to all persons defined in s. 713.01_who furnish labor, services, or materials for the prosecution of the work provided for in the contract. Any claimant may apply to the governmental entity having charge of the work for copies of the contract and bond and shall thereupon be furnished with a certified copy of the contract and bond. The claimant shall have a right of action against the contractor and surety for the amount due him or her, including unpaid finance charges due under the claimant's contract. Such action shall not involve the public authority in any expense. At the discretion of the official or board awarding such contract when such work is done for any county, city, political subdivision, or public authority, any person entering into such a contract which is for $200,000 or less may be exempted from executing the payment and performance bond. In the event such exemption is granted, the officer or officials shall not be personally liable to persons suffering loss because of granting such exemption. Any provision in a payment bond furnished for public work contracts as provided by this subsection which restricts the classes of persons as defined in s. 713.01 protected by the bond or the venue of any proceeding relating to such bond is unenforceable. (b) The Department of Management Services shall adopt rules with respect to all contracts for $200,000 or less, to provide: 1. Procedures for retaining up to 10 percent of each request for payment submitted by a contractor and procedures for determining disbursements from the amount retained on a pro rata basis to laborers, material men, and subcontractors, as defined in s. 713.01. 2. Procedures for requiring certification from laborers, material men, and subcontractors, as defined in s. 713.01, prior to final payment to the contractor that such laborers, material men, and subcontractors have no claims against the contractor resulting from the completion of the work provided for in the contract. The state shall not be held liable to any laborer, material man, or subcontractor for any amounts greater than the pro rata share as determined under this section. (c)1. The amount of the bond shall equal the contract price, except that for a contract in excess of $250 million, if the state, county, municipality, political subdivision, or other public entity finds that a bond in the amount of the contract price is not reasonably available, the public owner shall set the amount of the bond at the largest amount reasonably available, but not less than $250 million. CONTRACT 11-6 3329 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 2. For construction-management or design-build contracts, if the public owner does not include in the bond amount the cost of design or other non-construction services, the bond may not be conditioned on performance of such services or payment to persons furnishing such services. Notwithstanding paragraph (a), such a bond may exclude persons furnishing such services from the classes of persons protected by the bond. (2)(a)1 . If a claimant is no longer furnishing labor, services, or materials on a project, a contractor or the contractor's agent or attorney may elect to shorten the prescribed time in this paragraph within which an action to enforce any claim against a payment bond provided pursuant to this section may be commenced by recording in the clerk's office a notice in substantially the following form: NOTICE OF CONTEST OF CLAIM AGAINST PAYMENT BOND To: (Name and address of claimant) You are notified that the undersigned contests your notice of nonpayment, dated and served on the undersigned on and that the time within which you may file suit to enforce your claim is limited to 60 days after the date of service of this notice. Dated On: Signed: (Contractor or Attorney) The claim of any claimant upon whom such notice is served and who fails to institute a suit to enforce his or her claim against the payment bond within 60 days after service of such notice shall be extinguished automatically. The clerk shall mail a copy of the notice of contest to the claimant at the address shown in the notice of nonpayment or most CONTRACT 11-7 3330 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual recent amendment thereto and shall certify to such service on the face of such notice and record the notice. Service is complete upon mailing. 2. A claimant, except a laborer, who is not in privity with the contractor shall, before commencing or not later than 45 days after commencing to furnish labor, services, or materials for the prosecution of the work, furnish the contractor with a written notice that he or she intends to look to the bond for protection. A claimant who is not in privity with the contractor and who has not received payment for his or her labor, services, or materials shall deliver to the contractor and to the surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time during the progress of the work or thereafter but not before 45 days after the first furnishing of labor, services, or materials, and not later than 90 days after the final furnishing of the labor, services, or materials by the claimant or, with respect to rental equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use. Any notice of nonpayment served by a claimant who is not in privity with the contractor which includes sums for retainage must specify the portion of the amount claimed for retainage. No action for the labor, materials, or supplies may be instituted against the contractor or the surety unless both notices have been given. Notices required or permitted under this section may be served in accordance with s. 713.18. A claimant may not waive in advance his or her right to bring an action under the bond against the surety. In any action brought to enforce a claim against a payment bond under this section, the prevailing party is entitled to recover a reasonable fee for the services of his or her attorney for trial and appeal or for arbitration, in an amount to be determined by the court, which fee must be taxed as part of the prevailing party's costs, as allowed in equitable actions. The time periods for service of a notice of nonpayment or for bringing an action against a contractor or a surety shall be measured from the last day of furnishing labor, services, or materials by the claimant and shall not be measured by other standards, such as the issuance of a certificate of occupancy or the issuance of a certificate of substantial completion. (b) When a person is required to execute a waiver of his or her right to make a claim against the payment bond in exchange for, or to induce payment of, a progress payment, the waiver may be in substantially the following form: WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (PROGRESS PAYMENT) The undersigned, in consideration of the sum of$ hereby waives its right to claim against the payment bond for labor, services, or materials furnished through insert CONTRACT 11-8 3331 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual date to (insert the name of your customer) on the job of (insert the name of the owner),_ for improvements to the following described project: Runway 9-27 Repairs This waiver does not cover any retention or any labor, services, or materials furnished after the date specified. DATED ON (Claimant) By: (c) When a person is required to execute a waiver of his or her right to make a claim against the payment bond, in exchange for, or to induce payment of, the final payment, the waiver may be in substantially the following form: WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (FINAL PAYMENT) The undersigned, in consideration of the final payment in the amount of $_ hereby waives its right to claim against the payment bond for labor, services, or materials furnished to (insert the name of your customer) on the job of (insert the name of the owner), for improvements to the following described project: Runway 9-27 Repairs DATED ON Claimant By: (d) A person may not require a claimant to furnish a waiver that is different from the forms in paragraphs (b) and (c). (e) A claimant who executes a waiver in exchange for a check may condition the waiver on payment of the check. CONTRACT 11-9 3332 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual (f) A waiver that is not substantially similar to the forms in this subsection is enforceable in accordance with its terms. (3) The bond required in subsection (1) may be in substantially the following form: PUBLIC CONSTRUCTION BOND Bond No. (enter bond number) BY THIS BOND, We , as Principal and a corporation, as Surety, are bound to , herein called Owner, in the sum of$ , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated , , between Principal and Owner for construction of , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON , (Name of Principal) By (As Attorney in Fact) (Name of Surety) (4) The payment bond provisions of all bonds required by subsection (1) shall be construed and deemed statutory payment bonds furnished pursuant to this section and such bonds shall not under any circumstances be converted into common law bonds. CONTRACT 11-10 3333 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual (5) In addition to the provisions of chapter 47, any action authorized under this section may be brought in the county in which the public building or public work is being constructed or repaired. This subsection shall not apply to an action instituted prior to May 17, 1977. (6) All payment bond forms used by a public owner and all payment bonds executed pursuant to this section by a surety shall make reference to this section by number and shall contain reference to the notice and time limitation provisions in subsection (2). (7) In lieu of the bond required by this section, a contractor may file with the state, county, city, or other political authority an alternative form of security in the form of cash, a money order, a certified check, a cashier's check, an irrevocable letter of credit, or a security of a type listed in part II of chapter 625. Any such alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the bond required by this section. The determination of the value of an alternative form of security shall be made by the appropriate state, county, city, or other political subdivision. (8) When a contractor has furnished a payment bond pursuant to this section, he or she may, when the state, county, municipality, political subdivision, or other public authority makes any payment to the contractor or directly to a claimant, serve a written demand on any claimant who is not in privity with the contractor for a written statement under oath of his or her account showing the nature of the labor or services performed and to be performed, if any; the materials furnished; the materials to be furnished, if known; the amount paid on account to date; the amount due; and the amount to become due, if known, as of the date of the statement by the claimant. Any such demand to a claimant who is not in privity with the contractor must be served on the claimant at the address and to the attention of any person who is designated to receive the demand in the notice to contractor served by the claimant. The failure or refusal to furnish the statement does not deprive the claimant of his or her rights under the bond if the demand is not served at the address of the claimant or directed to the attention of the person designated to receive the demand in the notice to contractor. The failure to furnish the statement within 30 days after the demand, or the furnishing of a false or fraudulent statement, deprives the claimant who fails to furnish the statement, or who furnishes the false or fraudulent statement, of his or her rights under the bond. If the contractor serves more than one demand for statement of account on a claimant and none of the information regarding the account has changed since the claimant's last response to a demand, the failure or refusal to furnish such statement does not deprive the claimant of his or her rights under the bond. The negligent inclusion or omission of any information deprives the claimant of his or her rights under the bond to the extent that the contractor can demonstrate prejudice from such act or omission by the claimant. The failure to furnish a response to a demand for statement of account does not affect the validity of any claim on the bond being enforced in a lawsuit filed before the date the demand for statement of account is received by the claimant. (9) On any public works project for which the public authority requires a performance and payment bond, suits at law and in equity may be brought and maintained by and CONTRACT 11-11 3334 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual against the public authority on any contract claim arising from breach of an express provision or an implied covenant of a written agreement or a written directive issued by the public authority pursuant to the written agreement. In any such suit, the public authority and the contractor shall have all of the same rights and obligations as a private person under a like contract except that no liability may be based on an oral modification of either the written contract or written directive. Nothing herein shall be construed to waive the sovereign immunity of the state and its political subdivisions from equitable claims and equitable remedies. The provisions of this subsection shall apply only to contracts entered into on or after July 1, 1999. (10) An action, except an action for recovery of retainage, must be instituted against the contractor or the surety on the payment bond or the payment provisions of a combined payment and performance bond within 1 year after the performance of the labor or completion of delivery of the materials or supplies. An action for recovery of retainage must be instituted against the contractor or the surety within 1 year after the performance of the labor or completion of delivery of the materials or supplies; however, such an action may not be instituted until one of the following conditions is satisfied: (a) The public entity has paid out the claimant's retainage to the contractor, and the time provided under s. 218.735 or s. 255.073(3) for payment of that retainage to the claimant has expired; (b) The claimant has completed all work required under its contract and 70 days have passed since the contractor sent its final payment request to the public entity; or (c) At least 160 days have passed since reaching substantial completion of the construction services purchased, as defined in the contract, or if not defined in the contract, since reaching beneficial occupancy or use of the project. (d) The claimant has asked the contractor, in writing, for any of the following information and the contractor has failed to respond to the claimant's request, in writing, within 10 days after receipt of the request: 1. Whether the project has reached substantial completion, as that term is defined in the contract, or if not defined in the contract, if beneficial occupancy or use of the project has occurred. 2. Whether the contractor has received payment of the claimant's retainage, and if so, the date the retainage was received by the contractor. 3. Whether the contractor has sent its final payment request to the public entity, and if so, the date on which the final payment request was sent. If none of the conditions described in paragraph (a), paragraph (b), paragraph (c), or paragraph (d) is satisfied and an action for recovery of retainage cannot be instituted within the 1-year limitation period set forth in this subsection, this limitation period shall be extended until 120 days after one of these conditions is satisfied. CONTRACT 11-12 3335 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Principal agrees to record this Bond in the Official Records for Monroe County before the commencement of the work subject of this Bond. Dated on: PRINCIPAL: Address: By: As Attorney-in-Fact SURETY: Address: Claims against this Bond are subject to the notice and time provisions set forth in Section 255.05, Florida Statutes. In accordance with the provisions of Section 255.05, Florida Statutes, the Contractor shall provide to the County a hundred (100) percent Performance Bond and a hundred (100) percent Labor and Material Payment Bond each in an amount not less than the total construction cost. To be acceptable to the County as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company shall comply with the following provisions: 1. The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida. 2. The Surety Company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. 3. The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code. 4. The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued. CONTRACT 11-13 3336 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 5. If the Contract Award Amount exceeds Five Hundred Thousand ($500,000), the Surety Company shall also comply with the following provisions: A. The Surety Company shall have at least the following minimum ratings in the latest issue of Best's Key Rating Guide. POLICYHOLDER'S REQUIRED CONTRACT AMOUNT RATING FINANCIAL RATING $ 500,000 TO 1,000,000 A- CLASS 1 $1,000,000 TO 2,000,000 A- CLASS 11 $2,000,000 TO 5,000,000 A- CLASS III $5,000,000 TO 10,000,000 A- CLASS IV $10,000,000 TO 25,000,000 A- CLASS V $25,000,000 TO 50,000,000 A- CLASS V $50,000,000 TO 100,000,000 A- CLASS V II $50,000,000 TO 100,000,000 A- CLASS VII B. The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten (10) percent of its surplus to policyholders, provided: (a) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state have been met. (b) In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co- surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted. CONTRACT 11-14 3337 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual S E C T I O N B CERTIFICATE OF OWNER'S ATTORNEY THIS SECTION IS NOT INCLUDED CONTRACT 11-15 3338 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK CONTRACT 11-16 3339 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual S E C T I O N C ACKNOWLEDGMENT FOR CHANGE ORDERS TO: Monroe County Board of Commissioners Key West, Florida REF: Runway 9-27 Repairs Key West International Airport Gentlemen: In order to avoid the necessity of extensive amendments to the referred contract, the undersigned acknowledges hereby that the following conditions are those for which change orders are allowed under the Bid Law: 1 . Unusual and difficult circumstances which arose during the course of the execution of the contract which could not have been reasonably foreseen. 2. Where competitive bidding for the new work for new money will work to the serious detriment of the awarding authority. 3. Emergencies arising during the course of the work. 4. Changes or alterations provided for in the original bid and originals contract Contractor By: Title: CONTRACT 11-17 3340 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK CONTRACT 11-18 3341 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual S E C T I O N D CONTRACT Runway 9-27 Repairs Key West International Airport THIS AGREEMENT made and entered into the day of by and between Contractor, and the Monroe County Board of Commissioners, Key West, Florida, Owner. WITNESSETH: That the Contractor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows: 1. That the Contractor, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated documents; Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: Runway 9-27 Repairs Key West International Airport Monroe County, Florida 2. That the Contractor shall commence the work to be performed under this agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder within sixty(60) calendar days from the Notice-to- Proceed (Construction) as per Special Provision No. 2. 3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the agreement, subject to additions and deductions as provided in the contract documents the Contract Lump sum of ----------------------------------------------------Dollars 4. On or before the 15th day of each calendar month, the Owner shall make partial payment to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor. County shall pay in accordance with the Florida Local Government Prompt Payment Act. Each Application for Payment shall be based upon the Schedule of Values for the project. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Airports may require. This schedule, unless objected to by the Director of Airports, shall be used as a basis for reviewing the Contractor's Applications for Payment. Applications for Payment shall indicate the CONTRACT 11-19 3342 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work, less retainage of ten percent 10%. Payment will be made after delivery and inspection by County and upon submission of invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. 5. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within twenty (20) days after the completion by the Contractor of all work covered by this agreement and the acceptance of such work by the Owner. 6. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the Owner may retain the amounts described in the Liquidated Damages, Special Provision No. 3, per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the Owner will have sustained per day by failure of the Contractor to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the Owner will have sustained in the event of such default by the Contractor. 7. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense within five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 8. MAINTENANCE OF RECORDS: Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each CONTRACT 11-20 3343 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual other party to this Agreement for public records purposes during the term of the Agreement and for seven years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the County. 9. PUBLIC ACCESS. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall 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 CONTRACT 11-21 3344 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, RADLEY- RIAN ONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. 10. HOLD HARMLESS AND INSURANCE: The successful Respondent shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of , or in connection with a violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Respondent or any of its employees, agents, contractors or other invitees during the term of the Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or omissions, or other wrongful act or omission of Respondent or any of its employees, agents, sub-contractors or other invitees, or (C) Respondent's default in respect of any of the obligations that it undertakes under the terms the Agreement, except CONTRACT 11-22 3345 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Respondent). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of the Agreement, this provision will survive the expiration of the term of the Agreement or any earlier termination of the Agreement. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. 11. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 12. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 13. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: CONTRACT 11-23 3346 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual FOR COUNTY: (FILL IN) Key West, Florida 33041 FOR CONTRACTOR: 14. GOVERNING LAW, VENUE, AND INTERPRETATION: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe COUNTY, Florida. 15. MEDIATION: The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 16. SEVERABILITY: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 17. ATTORNEY'S FEES AND COSTS: COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. CONTRACT 11-24 3347 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 19. COOPERATION: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 20. BINDING EFFECT: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 21. AUTHORITY: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 22. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 23. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 24. NON-RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or CONTRACT 11-25 3348 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 25. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 26. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and COUNTY and CONTRACTOR hereto may execute this Agreement by signing any such counterpart. 27. NON-DISCRIMINATION: Contractor agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VIII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VI I I of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CONTRACT 11-26 3349 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and date first above written in two (2) counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original contract. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman CONTRACTOR By: Title: NOTARIAL JURAT STATE OF: COUNTY OF: 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 *Who is authorized by the corporation to execute this contract. CONTRACT 11-27 3350 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK CONTRACT 11-28 3351 GENERAL PROVISIONS 3352 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-2 3353 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual D IV IS I ON I I I GENERAL PROVISIONS SECTION 10 - DEFINITION OF TERMS................................................................................... III-5 SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS...................................... III-13 SECTION 30 -AWARD AND EXECUTION OF CONTRACT................................................. III-17 SECTION 40 - SCOPE OF WORK.......................................................................................... III-19 SECTION 50 - CONTROL OF WORK..................................................................................... III-23 SECTION 60 - CONTROL OF MATERIALS........................................................................... III-31 SECTION 70 - LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC .................... III-35 SECTION 80 - PROSECUTION AND PROGRESS................................................................ III-47 SECTION 90 - MEASUREMENT AND PAYMENT................................................................. III-55 SECTION 100 - NUCLEAR GAUGES (OMMITTED).............................................................. III-63 SECTION 110 - SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION ............. III-65 SECTION 120 - GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS.................................... III-67 SECTION 130 - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM ....................... III-77 SECTION 140 - CONSTRUCTION CONTRACT CLAUSES AIRPORT IMPROVEMENT PROGRAM............................................................... III-97 SECTION 150 - BUY AMERICAN PREFERENCES.............................................................III-125 GENERAL PROVISIONS III-3 3354 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-4 3355 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual DIVISION III - GENERAL PROVISIONS S E C T I O N 1 0 DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the Contract, in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows: Paragraph Term Definition Number 10-01 AASHTO The American Association of State Highway and Transportation Officials. 10-02 Access Road The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public roadway. 10-03 Advertisement A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 Airport Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft; an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; airport buildings and facilities located in any of these areas, and a heliport. 10-05 Airport Improvement A grant-in-aid program, administered by the Program AIP Federal Aviation Administration (FAA). 10-06 Air Operations Area The term air operations area (AOA) shall mean (AOA) any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10-07 Apron Area where aircraft are parked, unloaded or loaded, fueled and/or serviced. 10-08 ASTM International Formerly known as the American Society for ASTM Testing and Materials ASTM . 10-09 Award The Owner's notice to the successful bidder of the acceptance of the submitted bid. 10-09.5 Barging Using a barge, or boat type of transport method, to relocate material and or equipment, as intended per contract documents. 10-10 Bidder Any individual, partnership, firm, or corporation, GENERAL PROVISIONS III-5 3356 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Paragraph Term Definition Number acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. 10-11 Building Area An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights-of-way together with all airport buildings and facilities located thereon. 10-12 Calendar Day Every day shown on the calendar. 10-13 Certificate of Analysis The COA is the manufacturer's Certificate of (COA) Compliance (COC) including all applicable test results required by the specifications. 10-14 Certificate of The manufacturer's certification stating that Compliance (COC) materials or assemblies furnished fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer's authorized representative. 10-15 Change Order A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for work within the scope of the contract and necessary to complete the project. 10-16 Contract A written agreement between the Owner and the Contractor that establishes the obligations of the parties including but not limited to performance of work, furnishing of labor, equipment and materials and the basis of payment. The awarded contract includes but may not be limited to: Advertisement, Contract form, Proposal, Performance bond, payment bond, General provisions, certifications and representations, Technical Specifications, Plans, Supplemental Provisions, standards incorporated by reference and issued addenda. 10-17 Contract Item (Pay A specific unit of work for which a price is provided Item) in the contract. 10-18 Contract Time The number of calendar days or working days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date. 10-19 Contractor The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all GENERAL PROVISIONS III-6 3357 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Paragraph Term Definition Number legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work. 10-20 Contractors Quality The Contractor's QC facilities in accordance with Control QC Facilities the Contractor Quality Control Program CQCP . 10-21 Contractor Quality Details the methods and procedures that will be Control Program taken to assure that all materials and completed (CQCP) construction required by the contract conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. 10-22 Control Strip A demonstration by the Contractor that the materials, equipment, and construction processes results in a product meeting the requirements of the specification. 10-23 Construction Safety The overall plan for safety and phasing of a and Phasing Plan construction project developed by the airport (CSPP) operator, or developed by the airport operator's consultant and approved by the airport operator. It is included in the invitation for bids and becomes art of the project specifications. 10-24 Drainage System The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area. 10-25 Engineer The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for engineering, inspection, and/or observation of the contract work and acting directly or through an authorized representative. 10-26 Equipment All machinery, together with the necessary supplies for upkeep and maintenance; and all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-27 Extra Work An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Owner's Engineer or Resident Project Representative (RPR) to be necessary to complete the work within the intended scope of the contract as previousl modified. 10-28 FAA The Federal Aviation Administration. When used to designate a person, FAA shall mean the Administrator or their duly authorized representative. GENERAL PROVISIONS III-7 3358 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Paragraph Term Definition Number 10-29 Federal Specifications The federal specifications and standards, commercial item descriptions, and supplements, amendments, and indices prepared and issued by the General Services Administration. 10-30 Force Account a. Contract Force Account- A method of payment that addresses extra work performed by the Contractor on a time and material basis. b. Owner Force Account- Work performed for the project by the Owner's employees. 10-31 Intention of Terms Whenever, in these specifications or on the plans, the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer and/or Resident Project Representative (RPR) is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer and/or RPR, subject in each case to the final determination of the Owner. Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference. 10-32 Lighting A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface. 10-33 Major and Minor A major contract item shall be any item that is Contract Items listed in the proposal, the total cost of which is equal to or greater than 20% of the total amount of the award contract. All other items shall be considered minor contract items. 10-34 Materials Any substance specified for use in the construction of the contract work. 10-35 Modification of Any deviation from standard specifications Standards (MOS) applicable to material and construction methods in accordance with FAA Order 5300.1. 10-36 Notice to Proceed A written notice to the Contractor to begin the GENERAL PROVISIONS III-8 3359 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Paragraph Term Definition Number (NTP) actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. 10-37 Owner The term "Owner' shall mean the party of the first part or the contracting agency signatory to the contract. Where the term "Owner' is capitalized in this document, it shall mean airport Sponsor only. The Owner for this project is Monroe County. 10-38 Passenger Facility Per 14 Code of Federal Regulations (CFR) Part Charge (PFC) 158 and 49 United States Code (USC) § 40117, a PFC is a charge imposed by a public agency on passengers enplaned at a commercial service airport it controls. 10-39 Pavement Structure The combined surface course, base course(s), and subbase course(s), if any, considered as a single unit. 10-40 Payment bond The approved form of security furnished by the Contractor and their own surety as a guaranty that the Contractor will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-41 Performance bond The approved form of security furnished by the Contractor and their own surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract. 10-42 Plans The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the contract, supplementary to the specifications. Plans may also be referred to as 'contract drawings.' 10-43 Project The agreed scope of work for accomplishing specific airport development with respect to a articular airport. 10-44 Proposal The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the tans andspecifications. 10-45 Proposal guaranty The security furnished with a proposal to guarantee that the bidder will enter into a contract if their own proposal is accepted by the Owner. 10-46 Quality Assurance (QA) Owner's responsibility to assure that construction work completed complies with specifications for payment. GENERAL PROVISIONS III-9 3360 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Paragraph Term Definition Number 10-47 Quality Control (QC) Contractor's responsibility to control material(s) and construction processes to complete construction in accordance with project specifications. 10-48 Quality Assurance (QA) An authorized representative of the Engineer Inspector and/or Resident Project Representative (RPR) assigned to make all necessary inspections, observations, tests, and/or observation of tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. 10-49 Quality Assurance (QA) The official quality assurance testing laboratories Laboratory of the Owner or such other laboratories as may be designated by the Engineer or RPR. May also be referred to as Engineer's, Owner's, or QA Laboratory. 10-50 Resident Project The individual, partnership, firm, or corporation Representative (RPR) duly authorized by the Owner to be responsible for all necessary inspections, observations, tests, and/or observations of tests of the contract work performed or being performed, or of the materials furnished or being furnished by the Contractor, and acting directly or through an authorized representative. 10-51 Runway The area on the airport prepared for the landing and takeoff of aircraft. 10-52 Runway Safety Area A defined surface surrounding the runway (RSA) prepared or suitable for reducing the risk of damage to aircraft. See the construction safety and phasing plan CSPP for limits of the RSA. 10-53 Safety Plan Details how the Contractor will comply with the Compliance Document CSPP. SPCD 10-54 Specifications A part of the contract containing the written directions and requirements for completing the contract work. Standards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if included in the contract physically. 10-55 Sponsor A Sponsor is defined in 49 USC § 47102(24) as a public agency that submits to the FAA for an AIP grant; or a private Owner of a public-use airport that submits to the FAA an application for an AIP rant for the airport. 10-56 Structures Airport facilities such as bridges; culverts; catch GENERAL PROVISIONS III-10 3361 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Paragraph Term Definition Number basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 10-57 Sub grade The soil that forms the pavement foundation. 10-58 Superintendent The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the RPR, and who shall supervise and direct the construction. 10-59 Supplemental A written agreement between the Contractor and Agreement the Owner that establishes the basis of payment and contract time adjustment, if any, for the work affected by the supplemental agreement. A supplemental agreement is required if: (1) in scope work would increase or decrease the total amount of the awarded contract by more than 25%: (2) in scope work would increase or decrease the total of any major contract item by more than 25%; (3) work that is not within the scope of the originally awarded contract; or (4) adding or deleting of a major contract item. 10-60 Surety The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds that are furnished to the Owner by the Contractor. 10-61 Taxilane A taxiway designed for low speed movement of aircraft between aircraft parking areas and terminal areas. 10-62 Taxiway The portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport's runways, aircraft parking areas, and terminal areas. 10-63 Taxiway/Taxilane A defined surface alongside the taxiway prepared Safety Area (TSA) or suitable for reducing the risk of damage to an aircraft. See the construction safety and phasing Ian CSPP for limits of the TSA. 10-64 Work The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the contract, tans, andspecifications. 10-65 Working day A working day shall be any day other than a legal GENERAL PROVISIONS III-11 3362 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Paragraph Term Definition Number holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least six (6) hours toward completion of the contract. When work is suspended for causes beyond the Contractor's control, it will not be counted as a working day. Saturdays, Sundays and holidays on which the Contractor's forces engage in regular work will be considered as working days. END OF SECTION 10 GENERAL PROVISIONS III-12 3363 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual S E C T I O N 2 0 PROPOSAL REQUIREMENTS AND CONDITIONS 20-01 ADVERTISEMENT (Notice to Bidders). The owner, or his/her authorized agent, shall publish the advertisement at such places and at such times as are required by local law or ordinances. The published advertisement shall state the time and method for submitting sealed proposals; and instructions to bidders as to obtaining proposal forms, plans, and specifications. 20-02 PREQUALIFICATION OF BIDDERS. Each bidder shall furnish the owner satisfactory evidence of his/her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder's past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder shall furnish the owner satisfactory evidence of his/her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a statement or report of the bidder's financial resources and liabilities as of the last calendar year or the Contractor's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his/her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed, the bidder shall qualify the public accountant's statement or 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 a competitive solicitation packet. The plans specifications, and other documents designated in the competitive solicitation packet shall be considered a part of the competitive solicitation packet whether attached or not. GENERAL PROVISIONS III-13 3364 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 20-04 ISSUANCE OF PROPOSAL FORMS. The owner reserves the right to refuse to accept a bid proposal from a prospective bidder should such bidder be in default for any of the following reasons: A. Failure to comply with any prequalification regulations of the owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. B. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the owner) at the time the owner issues the proposal to a prospective bidder. C. Contractor default under previous contracts with the owner. D. Unsatisfactory work on previous contracts with the owner. 20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices. 20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans specifications, and contract forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications. Boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the owner's design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his/her examination of the boring logs and other records of subsurface investigations and tests that are furnished by the owner. 20-07 PREPARATION OF PROPOSAL. Bidder shall submit the bidders proposal in GENERAL PROVISIONS III-14 3365 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual electronic format (e-mail) only. The bidder shall submit his/her proposal and include the forms provided in the competitive solicitation packet issued by the owner. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals for which he proposes to do each pay item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an individual, his/her name and post office address must be shown. If made by a 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. In addition, until the award of contract is made, the owner reserves the right to reject any irregular proposal and the right to waive irregularities, technicalities or omissions if such waiver is in the best interest of the owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20-09 BID GUARANTEE. Each separate proposal shall be accompanied by a certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such check, or collateral, shall be made payable to the owner. GENERAL PROVISIONS III-15 3366 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be submitted electronically in accordance with the instructions set forth in Section B, Article 17 Instruction To Bidders. 20-11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the bidder's request for withdrawal is received by the owner in writing or by telegram before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids. 20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read, publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to appear. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be rejected. 20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for any of the following reasons: A. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name. B. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the owner until 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-16 3367 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual S E C T I O N 3 0 AWARD AND EXECUTION OF CONTRACT 30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder's proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in words shall govern. Until the award of a contract is made, the owner reserves the right to reject a bidder's proposal for any of the following reasons: A. If the proposal is irregular as specified in the subsection titled IRREGULAR PROPOSALS of Section 20. B. If the bidder is disqualified for any of the reasons specified in the subsection titled DISQUALIFICATION OF BIDDERS of Section 20. The owner reserves the right to reject any irregular proposal and the right to waive irregularities, technicalities or omissions if such waiver is in the best interest of the owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise. All such action s shall promote the owner's best interest. The owner also reserves the right to reject any and all bids at the owner's sole discretion, to waive informalities in any or all bids, to re-advertise for bids; and to separately accept or reject any item or items of bid and to award and/or negotiate a contract in the best interest of the County. 30-02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be made within 120 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. Award of the contract shall be made by the owner to the lowest, qualified bidder whose proposal conforms to the cited requirements of the owner. 30-03 CANCELLATION OF AWARD. The owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two lowest bidders will be retained by the owner GENERAL PROVISIONS III-17 3368 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual until such time as an award is made, at which time, the unsuccessful bidder's proposal guaranty will be returned. The successful bidder's proposal guaranty will be returned as soon as the owner receives the contracts bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section. 30-05 REQUIREMENTS OF CONTRACT BONDS.At the time of the execution of the contract, the successful bidder shall furnish the owner a surety bond or bonds which have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work. The surety and the form of the bond or bonds shall be acceptable to the owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract. 30-06 EXECUTION OF CONTRACT. Upon Notice of Intent to Award by the County, the Contractor shall fully execute, scan and return via email an electronic copy and then sign and deliver all two (2) originals of the Contract Agreement to the Owner or Owner's designee, with all other Contract Documents attached, including an original Insurance Certificate, and a certified copy of the recorded Public Construction Bond as soon as possible. 30-07 APPROVAL OF CONTRACT. Upon receipt of the contract along with all other Contract Documents attached, including an original Insurance Certificate, and a certified copy of the recorded Public Construction Bond, the owner shall complete the execution of the contract in accordance with local laws or ordinances, and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the owner's approval to be bound by the successful bidder's proposal and the terms of the contract. 30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15 calendar day period specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the owner. END OF SECTION 30 GENERAL PROVISIONS III-18 3369 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SEC T I ON 40 SCOPE OF WORK 40-01 INTENT OF CONTRACT. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 40-02 ALTERATION OF WORK AND QUANTITIES. The owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than 25 percent (total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations which do not exceed the 25 percent limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. These alterations which are for work within the general scope of the contract shall be covered by "Change Orders" issued by the Engineer. Change orders for altered work shall include extensions of contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of 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 Engineer may, in the owner's best interest, omit from the work any contract item, except major contract items. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement. GENERAL PROVISIONS III-19 3370 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Should a contract item be omitted or otherwise ordered to be non-performed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. 40-04 EXTRA WORK. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements, the same shall be called Extra Work. Extra work that is within the general scope of the contract shall be covered by written change order. Change orders for such extra work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Engineer's opinion, is necessary for completion of such extra work. When determined by the Engineer to be in the owner's best interest, he may order the Contractor to proceed with extra work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. Extra work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment of extra work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the owner. 40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's equipment and personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the airport with respect to his/her own operations and the operations of all his/her subcontractors as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. With respect to his/her own operations and the operations of all his/her subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying: personnel; equipment; vehicles; storage areas; and any work area or condition that may be hazardous to the operation of aircraft, fire-rescue equipment, or maintenance vehicles at the airport. When the contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor's performance of work that is otherwise provided for in the contract, plans, and specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required GENERAL PROVISIONS III-20 3371 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual to accommodate traffic. The Contractor shall furnish erect, and maintain barricades, warning signs, flagmen, and other traffic control devices in reasonable conformity with the manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office), unless otherwise specified herein. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise specified herein, the Contractor will not be required to furnish snow removal for such existing road, street, or highway. The Contractor shall make his/her own estimate of all labor, materials, equipment, and incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified in this subsection. The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be measured or paid for directly, but shall be included in the various contract items. 40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items. Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the contract. Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be utilized in the work as otherwise provided for in the contract and shall remain the property of the owner when so utilized in the work. 40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be either embankment or waste, he may at his/her option either: A. Use such material in another contract item, providing such use is approved by the Engineer and is in conformance with the contract specifications applicable to such use; or, B. Remove such material from the site, upon written approval of the Engineer; or GENERAL PROVISIONS III-21 3372 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual C. Use such material for his/her own temporary construction on site; or, D. Use such material as intended by the terms of the contract. Should the Contractor wish to exercise option A., B., or C., he shall request the Engineer's approval in advance of such use. Should the Engineer approve the Contractor's request to exercise option A., B., or C., the Contractor shall be paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at his/her own expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for his/her use of such material so used in the work or removed from the site. Should the Engineer approve the Contractor's exercise of option A., the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of his/her exercise of option A., B., or C. The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications. 40-08 FINAL CLEANING UP. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. He shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property owner. END OF SECTION 40 GENERAL PROVISIONS III-22 3373 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual S E C T I O N 5 0 CONTROL OF WORK 50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. He shall decide all questions which may arise as to the interpretation of the specifications or plans relating to the work, the fulfillment of the contract on the part of the Contractor, and the rights of different Contractors on the project. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for under the contract. 50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans or specifications. If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his/her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the owner, he will advise the owner of his/her determination that the affected work be accepted and remain in place. In this event, the Engineer will document his/her determination and recommend to the owner a basis of acceptance which will provide for an adjustment in the contract price for the affected portion of the work. The Engineer's determination and recommended contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in his/her opinion, needed. Changes in the contract price shall be covered by contract modifications (change order or supplemental agreement) as applicable. If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Engineer's right to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor's prosecution of the work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. GENERAL PROVISIONS III-23 3374 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Engineer with the authority to use good engineering judgment in his/her determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the contract, plans and specifications. For AIP contracts, the Engineer should advise the Sponsor if he accepts work that is not in "reasonably close conformity"to the Contract," Plans, Specifications. The Sponsor will in turn advise the FAA. Change orders or supplemental agreements must bear the written approval of the FAA. 50-03 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited FAA advisory circulars; contract general provisions shall govern over plans, cited standards for materials or testing, and cited FAA advisory circulars; plans shall govern over cited standards for materials or testing and cited FAA advisory circulars. The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his/her interpretation and decision, and such decision shall be final. 50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with two copies each of the plans and specifications. He shall have available on the work at all times one copy each of the plans and specifications. Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction. The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Engineer and his/her inspectors and with other contractors in every way possible. The Engineer shall allocate the work and designate the sequence of construction in case of controversy between contractors. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his/her agent on the work. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the Engineer or his/her authorized representative. 50-05 COOPERATION BETWEEN CONTRACTORS. The owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract. When separate contracts are let within the limits of any one project, each Contractor shall conduct his/her work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. GENERAL PROVISIONS III-24 3375 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Each Contractor involved shall assume all liability, financial or otherwise, in connection with his/her contract and shall protect and save harmless the owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange his/her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. He shall join his/her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish horizontal and vertical control only. The Contractor must establish all layout required for the construction of the work. Such stakes and markings as the Engineer may set for either his/her own or the Contractor's guidance shall be preserved by the Contractor. In case of negligence on the part of the Contractor, or his/her employees, resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the Contractor at the discretion of the Engineer. 50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is required to be operated automatically under the contract and a breakdown or malfunction of the automatic controls occurs, the equipment may be operated manually or by other methods for a period 48 hours following the breakdown or malfunction, provided this method of operations will produce results which conform to all other requirements of the contract. 50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the contract. Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor. Inspectors employed by the owner are authorized to notify the Contractor or his/her representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for his/her decision. 50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts GENERAL PROVISIONS III-25 3376 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized representative of the owner may be ordered removed and replaced at the Contractor's expense unless the owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) owner, authorized representatives of the owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no way interfere with the rights of the parties to this contract. 50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does not conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or as given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the owner) from any monies due or to become due the Contractor. 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage which may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of GENERAL PROVISIONS III-26 3377 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual the curing period. The Contractor shall be responsible for all damage done by his/her hauling equipment and shall correct such damage at his/her own expense. 50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. 50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Engineer may suspend any work necessary for the owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the owner, shall be deducted from monies due or to become due the Contractor. 50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the owner, he may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, he may accept it as being completed, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the owner shall not void or alter any provision of the contract. 50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire project, the Engineer and owner will make an inspection. If all construction provided for and contemplated by the contract is found to be completed in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the GENERAL PROVISIONS III-27 3378 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due him for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, he shall notify the Engineer in writing of his/her intention to claim such additional compensation before he begins the work on which he bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within 10 calendar days, submit his/her written claim to the Engineer who will present it to the owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. 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 Engineer, the following requirements must be satisfied by the Contractor before final payment can be made: 1. The Contractor must publicly advertise the NOTICE OF COMPLETION furnished by the Engineer a minimum of once a week for four consecutive weeks. 2. The Contractor must execute copies of CONTRACTOR'S AFFIDAVIT OF PAYMENT OF CLAIMS AND DEBTS. 3. The Contractor must have his Surety execute copies of CONSENT OF SURETY TO FINAL PAYMENT. GENERAL PROVISIONS III-28 3379 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 4. The Contractor must furnish a letter on his letterhead acknowledging that acceptance of final payment by the Contractor constitutes a waiver of all claims, present or future, in connection with this project. 5. The Contractor must furnish a written guarantee on his letterhead covering all defects in material and workmanship for a period of one year commencing on the date of final acceptance. 6. If any purchase items have been incorporated in the work, the Contractor must furnish a letter on his letterhead assigning those warranties to the OWNER. Copies of said warranties shall be bound in one binder and submitted along with the letter assignment. 7. In addition to the above, the Contractor shall provide all documents required in Special Provision No. 1, Section 25. 50-19 CONCEALED CONDITIONS. Should conditions be encountered below the surface of the ground or should concealed or unknown conditions in an existing structure vary to an unreasonable extent from the conditions indicated by the drawings and Specifications, the Engineer shall be notified by the Contractor and instructions shall be equitably adjusted upon claim of either party made within thirty (30) days after the first observation. The conditions shown on the drawings or attached to these Specifications, are presented only as information that is available indicating certain conditions found and limited to the exact locations and dates shown. Neither the Owner nor the Engineer shall be responsible for making the determination of water table variations prior to bidding and shall not assume that any water levels shown by the aforesaid core boring data will necessarily be maintained at the level indicated. 50-20 RECORD SET DRAWINGS. The Contractor shall, without additional cost, keep a separate copy of all Specifications, drawings, addenda, modifications, and shop drawings at the site in good order and annotated currently to show all changes made during the construction process. These shall be available to the Engineer for review of record information thereon each month prior to approval of monthly application for payment, and shall be delivered to him for the Owner upon completion of the Project. 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. GENERAL PROVISIONS III-29 3380 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual END OF SECTION 50 GENERAL PROVISIONS III-30 3381 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual S E C T I O N 6 0 CONTROL OF MATERIALS 60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials. At the Engineer's option, materials may be approved at the source of supply before delivery is stated. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that meets the requirements of the specifications; and is listed in AC 15015345-53, Airport Lighting Equipment Certification Program and Addendum, that is in effect on the date of advertisement. se.p{,�Ts to the Fequireme.pts of sited- materials, iR the plaRG OF GpeGifiGatiGRG Oho (�eritr�nter chAll F rriish 66Inh eq ipmept that is' o I=istpd ir, Cnn /�GIVOSOr„ GiFGUIar (AG) I5W5245 pFe„ed /Ai r Eq ipmeRt0 {F that is OR eent GR the date of adyertisemeRt•0 erg 0 $. ,P,rgd6lGed by the qualified (by FAA) to pFeduno 6--1crr s reniFiel•1 �rl•1 listel•1 elv i rmerit The FellE)W1 g alFp E)rt lightiRg el uipmeRt is requiFed Far this GE)Rtrant and is to he by the the FeqUmpp _QI I I DMA C IUT ISI n�E- CITED FAA SPEC ! FIG TIr' NS EFFECTIVE CAA AG OR APPROVAL LETTER FOR EQI IIDAAF=\IT AtQ AAAM IFAr-T-IJ RI=R 60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. All materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of AASHTO or ASTM which are current on the date of advertisement for bids will be made by and at the expense of the owner. Samples will be taken by a qualified representative of the owner. All materials being GENERAL PROVISIONS III-31 3382 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at his/her request. 60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. When a material or assembly is specified by "brand name or equal" and the Contractor elects to furnish the specified "brand name," the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: A. Conformance to the specified performance, testing, quality or dimensional requirements; and, B. Suitability of the material or assembly for the use intended in the contract work. Should the Contractor propose to furnish an "or equal" material or assembly, he shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole judge as to whether the proposed "or equal" is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for his/her acceptance of the material or assembly. Should the Engineer conduct plant inspections, the following conditions shall exist: A. The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials. GENERAL PROVISIONS III-32 3383 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual B. The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. C. If required by the Engineer, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to the plant. It is understood and agreed that the owner shall have the right to retest any material which has been tested and approved at the source of supply after it has been delivered to the site. The Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications. 60-05 REVIEW AND ACCEPTANCE OF MATERIALS. The Contractor shall furnish to the Engineer for review, all Contractor's, subcontractor's and manufacturer's drawings, which shall be deemed to include shop material lists and performance data, which may be required by the Specifications, requested by the Engineer or otherwise necessary for the proper execution of the work. At the time of each submission, the Contractor shall in writing call the Engineer's attention to any deviations that the shop drawings may have from the requirements of the Contract documents. Where called for, the Contractor shall furnish two samples of each material, texture, color, etc., clearly labeled as to name and quality of material, manufacturer and application on the job. No work requiring a shop drawing or sample submission shall be started until the submission has been reviewed by the Engineer. The Engineer's review of shop drawings or samples will not relieve the Contractor from his responsibility for any deviations from the requirements of the Contract documents unless the Contractor has in writing called for the Engineer's attention to such deviations at the time of submission and the Engineer has given written comments on the specific deviation, nor will it relieve the Contractor from errors or omissions in the shop drawings. 60-06 ENGINEER'S FIELD OFFICE AND LABORATORY. he G--o.p+ .r Shall Frriich f9.F Oho Of 4ho PFgjeGt GRe 161ildiRg f9.F Oho Of Oho Fiolrl F=RgiReeFG and field Offi s fa ity shall be aR appFr yed oath of e•�S;a�� r.�Tcr rcy-T�urruc�cm-apprvvca=vP'carrre�r$vr 161ildiRg m Rg 4ho rr 4 State Highway gp ifiGatiGR (fee example, Glass 1 ,Tee�;,,�-��s�,Te r���l�i�„�--Qpes�rrs�r—e�c rss� heat, air GE)Rdi4i.,riRg and eleGtFinity. Not required. 60-07 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the GENERAL PROVISIONS III-33 3384 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Engineer. Private property shall not be used for storage purposes without written permission of the owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property owner's permission. All storage sites on private or airport property shall be restored to their original condition by the Contractor at his/her entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property. 60-08 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the Engineer has approved its use in the work. Per Section 255.04, Florida Statutes, the use of asbestos or asbestos-based fiber materials is prohibited in any buildings, construction of which is commenced after September 30, 1983, which is financed with public funds or is constructed for the express purpose of being leased to any governmental entity. 60-09 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required to complete the work, except those specified herein (if any) to be furnished by the owner. Owner-furnished materials shall be made available to the Contractor at the location specified herein. All costs of handling, transportation from the specified location to the site of work, storage, and installing owner-furnished materials shall be included in the unit price bid for the contract item in which such owner-furnished material is used. After any owner-furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur during the Contractor's handling, storage, or use of such owner-furnished material. The owner will deduct from any monies due or to become due the Contractor any cost incurred by the owner in making good such loss due to the Contractor's handling, storage, or use of owner-furnished materials. END OF SECTION 60 GENERAL PROVISIONS III-34 3385 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SEC T I ON 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the owner and all his/her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his/her employees. 70-02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. 70-03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save harmless the owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work. 70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The owner reserves the right to authorize the construction, reconstruction, or maintenance of any p u b I i c or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the owner, such authorized work (by others) is indicated as follows: N/A (Lamer (Utility r)r Other FaGility) I E)GatiGR (Coo DlaR Sheet Ne ) DR-.-G39r, t9 r--GRtaGt (Name, Title, r✓Address 7h DhGRe Except as listed above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the Engineer. Should the owner of public or private utility service, FAA, or NOAA facility, or a utility GENERAL PROVISIONS III-35 3386 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such owners by arranging and performing the work in this contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. 70-05 FEDERAL AID PARTICIPATION. For AIP contracts, the United States Government has agreed to reimburse the owner for some portion of the contract costs. Such reimbursement is made from time to time upon the owner's (sponsor's) request to the FAA. In consideration of the United Sates Government's (FAA's) agreement with the owner, the owner has included provisions in this contract pursuant to the requirements of the Airport Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, and the Rules and Regulations of the FAA that pertain to the work. As required by the Act, the contract work is subject to the inspection and approval of duly authorized representatives of the Administrator, FAA, and is further subject to those provisions of the rules and regulations that are cited in the contract, plans, or specifications. No requirement of the Act, the rules and regulations implementing the Act, or this contract shall be construed as making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract. 70-06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his/her employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to his/her health or safety. 70-07 PUBLIC CONVENIENCE AND SAFETY.The Contractor shall control his/her operations and those of his/her subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to his/her own operations and those of his/her subcontractors and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter. GENERAL PROVISIONS III-36 3387 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 70-08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably illuminated. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office). When the work requires closing an air operations area of the airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 150/5340-1, Standards for Airport Markings. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stockpiles, and his/her parked construction equipment that may be hazardous to the operation of emergency fire-rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2, Operational Safety on Airports During Construction. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work which requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer. Open-flame type lights shall not be permitted within the air operations areas of the airport. 70-09 WORK ACCESS. Any haul roads, ditch crossings, storage areas, etc., that the Contractor may require shall be constructed and maintained at the Contractor's expense. The Contractor shall not use runways, taxiways or other paved areas on the air operations portions of the airport for access to and from the job site unless authorized by the Owner. No equipment or vehicles will be allowed on the air operations portions of the airport except as authorized by the Owner. Any runways, taxiways or other paved areas damaged by the Contractor's vehicles or equipment shall be repaired by the Contractor at no cost to the Owner. From time to time when required, the Contractor shall move Contractor's vehicles or equipment and men from along the edge of the runway/taxiway/apron to allow aircraft operations on the pavement. 70-10 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. GENERAL PROVISIONS III-37 3388 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and, in general, not closer than 1,000 feet (300 m) from the work or from any building, road, or other place of human occupancy. The Contractor shall notify each property owner and public utility company having structures or facilities in proximity to the site of the work of his/her intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. The use of electrical blasting caps shall not be permitted on or within 1,000 feet (300 m) of the airport property. 70-11 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer has witnessed or otherwise referenced their location and shall not move them until directed. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the work, resulting from any act, omission, neglect, or misconduct in his/her manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. 70-12 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the owner and their officers, and employees from all suits, actions, or claims of any character brought because of any injuries (including death) or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the "Workmen's Compensation Act," or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his/her contract as may be considered necessary by the owner for such purpose may be retained for the use of the owner or, in case no money is due, his/her surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory GENERAL PROVISIONS III-38 3389 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual evidence that he is adequately protected by public liability and property damage insurance. 70-13 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create in the public or any member thereof a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-14 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the owner prior to completion of the entire contract, such "phasing" of the work shall be specified herein and indicated on the plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. The Contractor shall make his/her own estimate of the difficulties involved in arranging his/her work to permit such beneficial occupancy by the owner as described below: N/A Phase or Description Required Date or Sequence of Owner's Beneficial Occupancy Work Shown on Plan Sheet Upon completion of any portion of the work listed above, such portion shall be accepted by the owner in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50. No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the owner shall be repaired by the Contractor at his/her expense. The Contractor shall make his/her own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the contract work. 70-15 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense. GENERAL PROVISIONS III-39 3390 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual If the work is suspended for any cause whatsoever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his/her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seeding, and sodding furnished under his/her contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-16 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control his/her operations to prevent the unscheduled interruption of such utility services and facilities. To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans and the owners are indicated as follows: N/A Utility Service or Facility Person to Contact (Name, Title, Address, & Phone) Owner's Emergency Contact (Phone) It is understood and agreed that the owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of his/her responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the owners of all utility services or other facilities of his/her plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition to the general written notification hereinbefore provided, it shall be the responsibility of the Contractor to keep such individual owners advised of changes in his/her plan of operations that would affect such owners. Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such owner of his/her plan of operation. If, in the Contractor's opinion, the owner's assistance is needed to locate the utility service or facility or the presence of a representative of the owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later GENERAL PROVISIONS III-40 3391 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the Engineer to suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet (90 cm) of such outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his/her operations whether or not due to negligence or accident. The contract owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his/her surety. 70-17 FURNISHING RIGHTS-OF-WAY. The owner will be responsible for furnishing all rights-of-way upon which the work is to be constructed in advance of the Contractor's operations. 70-18 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract provisions or in exercising any power or authority granted to him by this contract, there shall be no liability upon the Engineer, his/her authorized representatives, or any officials of the owner either personally or as an official of the owner. It is understood that in such matters they act solely as agents and representatives of the owner. 70-19 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or stop the owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the owner be precluded or stopped from recovering from the Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the contract. A waiver on the part of the owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the contract, shall be liable to the owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the owner's rights under any warranty or guaranty. GENERAL PROVISIONS III-41 3392 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 70-20 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumen, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. In the event of conflict between Federal, State or local laws, codes, ordinances, rules and regulations concerning pollution control, the most restrictive applicable ones shall apply. The Contractor shall pay special attention to the pollution control requirements of the several specifications. Work items which may cause excessive pollution and shall be closely controlled by the Contractor are: (a) Clearing, grubbing, burning or other disposal. (b) Stripping, excavation, and embankment. (c) Drainage and ditching. (d) Aggregate production, handling and placing. (e) Cement, lime or other stabilization. (f) Concrete and bituminous materials handling, production, and paving. (g) Seeding, fertilizing, mulching and use of herbicides or insecticides. (h) Contractor's own housekeeping items; haul roads; sanitary facilities; water supply; equipment fueling, servicing and cleaning; job clean up and disposal. When the Contractor submits his tentative progress schedule in accordance with PROSECUTION and PROGRESS, Section 80, he shall also submit for acceptance of the Engineer, his schedules for accomplishment of temporary and permanent erosion control work, as are applicable for clearing, grading, structures at watercourses, construction, and paving, and his proposed method of erosion control and methods of operations which shall be accepted by the Engineer. All bituminous and Portland cement concrete proportioning plants shall meet state requirements. The following listed stipulations shall apply to this Contract unless more restrictive ones are specified by the Plans, special provisions, laws, codes, ordinance, etc. Cost of pollution control shall be incidental to the appropriate work items unless otherwise specified. (1) Control of Water Pollution and Siltation. a. All work of water pollution and siltation control is subject to inspection by the local and/or state government enforcing agent. b. All applicable regulations of Fish and Wildlife agencies and statutes relating to the prevention and abatement of pollution shall be complied with in the performance of the Contract. c. Construction operations shall be conducted in such manner as to reduce erosion to the practicable minimum and to prevent damaging siltation of watercourses, streams, lakes or reservoirs. The surface area or erodible land, either on or off the airport site, exposed to the elements by clearing, grubbing or grading operations, including GENERAL PROVISIONS III-42 3393 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual gravel pits, waste or disposal areas and haul roads, at any one time, for this Contract, shall be subject to approval of the Engineer and the duration of such exposure prior to final trimming and finishing of the areas shall have full authority to order the suspension of grading and other operations pending adequate and proper performance of trimming, finishing and maintenance work or to restrict the area of erodible land exposed to the elements. d. Materials used for permanent erosion control measures shall meet the requirements of the applicable Specifications. Gravel or stone, consisting of durable particles of rock and containing only negligible quantities of fines, shall be used for construction pads, haul roads and temporary roads in or across streams. e. Where called for on the Plans, a stilling basin shall be constructed to prevent siltation in the stream from construction operations. f. The disturbance of lands and waters that are outside the limits of construction as staked is prohibited, except as found necessary and approved by the Engineer. g. The Contractor shall conduct his work in such manner as to prevent the entry of fuels, oils, bituminous materials, chemicals, sewage or other harmful materials into streams, rivers, lakes or reservoirs. h. Water from aggregate washing or other operations containing sediment shall be treated by filtration, by use of a settling basin or other means to reduce the sediment content to a level acceptable to the local and/or state governmental enforcing agent. i. All waterways shall be cleared as soon as practicable of false work, piling, debris or other obstructions placed during construction operations and not a part of the finished work. Care shall be taken during construction and removal of such barriers to minimize the muddying of a stream. j. The Contractor shall care for the temporary erosion and siltation control measures during the period that the temporary measures are required and for the permanent erosion control measures until the Contract has been completed and accepted. Such care shall consist of the repair of areas damaged by erosion, wind, fire or other causes. k. Permanent and temporary erosion control work that is damaged due to the Contractor's operations or where the work required is attributed to the Contractor's negligence, carelessness or failure to install permanent controls at the proper time, shall be repaired at the Contractor's expense. (2) Open Burning of Combustible Wastes. a. The Contractor shall obtain a burning permit from local authorities, where applicable, prior to any burning. GENERAL PROVISIONS III-43 3394 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual b. All burning shall conform to the conditions of the permit, except that the conditions herein shall apply if they are more restrictive. C. No tires, oils (except atomize fuels applied by approved equipment), asphalt, paint, or coated metals shall be permitted in combustible waste piles. d. Burning will not be permitted within 1,000 feet of a residential or built-up area nor within 100 feet of any standing timber or flammable growth unless otherwise specified. e. Burning shall not be permitted unless the prevailing wind is away from a nearby town or built-up area. f. Burning shall not be permitted during a local air inversion or other climatic condition as would result in a pall of smoke over a nearby town or built-up area. g. Burning shall not be permitted when the danger of brush of forest fires is made known by Federal, State, or local officials. h. The size and number of fires shall be restricted to avoid the danger or brush or forest fires. Burning shall be done under surveillance of a watchman who shall have fire-fighting equipment and tools readily available. (3) Control of Other air Pollutants. a. Minimum possible areas of open grading, borrow or aggregate excavation shall be exposed at one time, consistent with the progress of the Work. b. Grading areas shall be kept at proper moisture conditions. C. Sand or dust blows shall be temporarily mulched, with or without seeding, or otherwise controlled with stabilizing agents. d. Temporary roads, haul routes, traffic or work areas shall be stabilized with dust palliative, penetration asphalt, wood chips, or other approved measures to prevent dust pollution. e. Cements, fertilizers, chemicals, volatiles, etc., shall be stored in proper containers or with proper coverings to prevent accidental discharge into the air. f. Aggregates bins, cement bins, and dry material batch trucks shall be properly covered to prevent loss of material to the air. g. Drilling, grinding and sand blasting apparatus shall be equipped with GENERAL PROVISIONS III-44 3395 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual water, chemical, or vacuum dust controlling systems. h. Applications of chemicals and bitumens shall be held to recommended rates. I. Bituminous mixing plants shall be equipped with dust collectors as noted in the Specifications. j. Quarrying, batching, and mixing operations and the transfer of material between trucks, bins, or stockpiles shall be properly controlled to minimize dust diffusion. k. When necessary, certain operations shall be delayed until proper wind or climatic conditions exist to dissipate or inhibit potential pollutants to the satisfaction of the Engineer. 70-21 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his/her operations, any building, part of a building, structure, or object which is incongruous with its surroundings, he shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and will direct the Contractor to either resume his/her operations or to suspend operations as directed. Should the Engineer order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract modification (change order or supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If appropriate, the contract modification shall include an extension of contract time in accordance with the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. 70-22 INSURANCE. The Contractor shall not commence work under this Contract until he has obtained and provided insurance of the character specified in the special provisions which will provide adequate protection to the Owner and the Contractor against all liabilities, damages and accidents, nor shall he commence work until such insurance has been approved by the Owner. Neither approval by the Owner, nor a failure to disapprove insurance furnished by a Contractor shall release the Contractor of full responsibility for liability, damages and accidents as set forth herein. The Contractor shall maintain such required insurance in force during the life of this Contract, and no modification or change in insurance coverage and provisions shall be made without thirty (30) days written advance notice to the Owner. GENERAL PROVISIONS III-45 3396 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual The Contractor shall furnish certificates of insurance to the Owner prior to commencing any operations under this Contract, which certificates shall clearly indicate that the Contractor has obtained insurance, in this type, amount and classification, in strict compliance with this subsection. 70-23 SUBMITTAL OF WAGE RATE SUMMARY. It shall be a condition of this Contract and shall be made a condition of all Sub-contract entered into pursuant to this Contract, that the Contractor and any Sub-Contractor will submit to the Owner weekly, one copy of the Summary of Wage Rates. END OF SECTION 70 GENERAL PROVISIONS III-46 3397 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION 80 PROSECUTION AND PROGRESS 80-01 SUBLETTING OF CONTRACT. The owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. Should the Contractor elect to assign his/her contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the owner, and shall be consummated only on the written approval of the owner. In case of approval, the Contractor shall file copies of all subcontracts with the Engineer. 80-02 PRE-CONSTRUCTION CONFERENCE. After the award of the Contract and prior to the issuance of the"Notice to Proceed", a conference will be held to discuss the "Notice to Proceed" date, to establish procedures for handling shop drawings and other submissions and for processing applications for payment, and to establish a working understanding between the parties as to the project. 80-03 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the Engineer in the written notice to proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction operations will begin. 80-04 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit his/her progress schedule for the Engineer's approval within 10 days after the effective date of the notice to proceed. The Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the contract time and modify his/her operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. For AIP contracts, the Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the owner. 80-05 LIMITATION OF OPERATIONS. The Contractor shall control his/her operations and the operations of his/her subcontractors and all suppliers so as to provide for the free and GENERAL PROVISIONS III-47 3398 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport. When the work requires the Contractor to conduct his/her operations within an AIR OPERATIONS AREA of the airport, the work shall be coordinated with airport management (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an AIR OPERATIONS AREA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70. When the contract work requires the Contractor to work within an AIR OPERATIONS AREA of the airport on an intermittent basis (intermittent opening and closing of the AIR OPERATIONS AREA), the Contractor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the AIR OPERATIONS AREA; immediately obey all instructions to resume work in such AIR OPERATIONS AREA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AIR OPERATIONS AREA until the satisfactory conditions are provided. The following AIR OPERATIONS AREA (AOA) cannot be closed to operating aircraft to permit the Contractor's operations on a continuous basis and will therefore be closed to aircraft operations intermittently as follows: AOA TIME PERIODS AOA CAN BE CLOSED TYPE OF COMMUNICATIONS REQUIRED WHEN WORKING IN AN AOA CONTROL AUTHORITY N/A 80-06 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. All equipment which is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet the requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use. GENERAL PROVISIONS III-48 3399 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans, and specifications. When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the contract, he may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection. 80-07 TEMPORARY SUSPENSION OF THE WORK. The Engineer shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract. In the event that the Contractor is ordered by the Engineer, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the Engineer's order to suspend work to the effective date of the Engineer's order to resume the work. Claims for such compensation shall be filed with the Engineer within the time period stated in the Engineer's order to resume work. The Contractor shall submit with his/her claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim to the owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Contractor, or for any other delay provided for in the contract, plans, or specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or GENERAL PROVISIONS III-49 3400 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport. 80-08 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working days allowed for completion of the work shall be stated in the proposal and contract and shall be known as the CONTRACT TIME. Should the contract time require extension for reasons beyond the Contractor's control, it shall be adjusted as follows: A. CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer. The Engineer will furnish the Contractor a copy of his/her weekly statement of the number of working days charged against the contract time during the week and the number of working days currently specified for completion of the contract (the original contract time plus the number of working days, if any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). The Engineer shall base his/her weekly statement of contract time charged on the following considerations: 1 ) No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least 6 hours with the normal work force employed on such principal item. Should the normal work force be on a double-shift, 12 hours shall be used. Should the normal work force be on a triple- shift, 18 hours shall apply. Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered by the Engineer for reasons not the fault of the Contractor, shall not be charged against the contract time. 2) The Engineer will not make charges against the contract time prior to the effective date of the notice to proceed. 3) The Engineer will begin charges against the contract time on the first working day after the effective date of the notice to proceed. 4) The Engineer will not make charges against the contract time after the date of final acceptance as defined in the subsection titled FINAL ACCEPTANCE of Section 50. 5) The Contractor will be allowed 1 week in which to file a written protest setting forth his/her objections to the Engineer's weekly GENERAL PROVISIONS III-50 3401 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor. The contract time (stated in the proposal) is based on the originally estimated quantities as described in the subsection titled INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the satisfactory completion of the contract require performance of work in greater quantities than those estimated in the proposal, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in contract time shall not consider either the cost of work or the extension of contract time that has been covered by change order or supplemental agreement and shall be made at the time of final payment. B. CONTRACT TIME based on CALENDAR DAYS shall consist of the number of calendar days stated in the contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and nonwork days. All calendar days elapsing between the effective dates of the Engineer's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. At the time of final payment, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the contract time shall not consider either cost of work or the extension of contract time that has been covered by a change order or supplemental agreement. Charges against the contract time will cease as of the date of final acceptance. C. When the contract time is a specified completion date, it shall be the date on which all contract work shall be substantially completed. If the Contractor finds it impossible for reasons beyond his/her control to complete the work within the contract time as specified, or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the contract time as extended, make a written request to the Engineer for an extension of time setting forth the reasons which he believes will justify the granting of his/her request. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may extend the time for completion in such amount as the conditions justify. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion. 80-09 FAILURE TO COMPLETE ON TIME. For each calendar day or working day, as specified in the contract, that any work remains uncompleted after the contract time GENERAL PROVISIONS III-51 3402 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual (including all extensions and adjustments as provided in the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum specified in the contract and proposal as liquidated damages will be deducted from any money due or to become due the Contractor or his/her surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages that will be incurred by the owner should the Contractor fail to complete the work in the time provided in his/her contract. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the owner of any of its rights under the contract. 80-10 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the owner to terminate the contract for any of the following reasons if the Contractor: A. Fails to begin the work under the contract within the time specified in the "Notice to Proceed," or B. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the contract, or C. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or D. Discontinues the prosecution of the work, or E. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or F. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or G. Allows any final judgment to stand against him unsatisfied for a period of 10 days, or H. Makes an assignment for the benefit of creditors, or I. For any other cause whatsoever, fails to carry on the work in an acceptable manner. Should the Engineer consider the Contractor in default of the contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the GENERAL PROVISIONS III-52 3403 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Contractor's surety as to the reasons for considering the Contractor in default and the owner's intentions to terminate the contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the owner the amount of such excess. 80-11 TERMINATION FOR NATIONAL EMERGENCIES. The owner shall terminate the 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 Engineer. Termination of the contract or a portion thereof shall neither relieve the Contractor of his/her responsibilities for the completed work nor shall it relieve his/her surety of its obligation for and concerning any just claim arising out of the work performed. END OF SECTION 80 GENERAL PROVISIONS III-53 3404 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-54 3405 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual S E C T I O N 9 0 MEASUREMENT AND PAYMENT 90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the Engineer, or his/her authorized representatives, using United States Customary Units of Measurement or the International System of Units. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave-outs) having an area of 9 square feet (0.8 square meter) or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. In computing volumes of excavation the average end area method or other acceptable methods will be used. The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inches. The term "ton" will mean the short ton consisting of 2,000 pounds (907 kilograms) avoirdupois. All materials which are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designed by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material be paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable to the Engineer, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles GENERAL PROVISIONS III-55 3406 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery. When requested by the Contractor and approved by the Engineer in writing, material specified to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be converted to cubic yards (cubic meters) for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. Bituminous materials will be measured by the gallon (liter) or ton (kilogram). When measured by volume, such volumes will be measured at 60 F (15 C) or will be corrected to the volume at 60 F (15 C) using ASTM D 1250 for asphalts or ASTM D 633 for tars. Net certified scale weights orweights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton (kilogram) or hundredweight (kilogram). Timber will be measured by the thousand feet board measure (M.F.B.M.) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Engineer in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of this section. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. GENERAL PROVISIONS III-56 3407 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. Scales shall be accurate within one-half percent of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the inspector before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one-tenth of 1 percent of the nominal rated capacity of the scale, but not less than 1 pound (454 grams). The use of spring balances will not be permitted. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them. Scale installations shall have available ten standard 50-pound (2.3 kilogram) weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales "overweighing" (indicating more than correct weight) will not be permitted to operate, and all materials received subsequent to the last previous correct weighting-accuracy test will be reduced by the percentage of error in excess of one-half of 1 percent. In the event inspection reveals the scales have been "underweighing" (indicating less than correct weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project. When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials, for performing all work under the contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70. When the"basis of payment" subsection of a technical specification requires that the contract GENERAL PROVISIONS III-57 3408 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications. 90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work(order nonperformance) any contract item, except major contract items, in the best interest of the owner. Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or non-perform such contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature of the amount of such costs. 90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. When the change order or supplemental agreement authorizing the extra work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials plus a negotiated and agreed upon allowance for overhead and profit. A. Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. B. Comparison of Record. The Contractor and the Engineer shall compare records of the cost of force account work at the end of each day. GENERAL PROVISIONS III-58 3409 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Agreement shall be indicated by signature of the Contractor and the Engineer or their duly authorized representatives. C. Statement. No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer with duplicate itemized statements of the cost of such force account work detailed as follows: 1 ) Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman. 2) Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment. 3) Quantities of materials, prices, and extensions. 4) Transportation of materials. 5) Cost of property damage, liability and workman's compensation insurance premiums, unemployment insurance contributions, and social security tax. 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 Engineer of the value of the work performed and materials complete in place in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than five hundred dollars. From the total of the amount determined to be payable on a partial payment, 10 percent of such total amount will be deducted and retained by the owner for protection of the Owner's interests. Unless otherwise instructed by the Owner, the amount retained by the Owner will be in effect until the final payment is made except as follows: Contractor may request release of retainage on work that has been partially accepted by the Owner in accordance with Section 50-14 PARTIAL ACCEPTANCE. Contractor must provide a certified invoice to the RPR that supports the value of retainage held by the Owner for partially accepted work. GENERAL PROVISIONS III-59 3410 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual In lieu of retainage, the Contractor may exercise at its option the establishment of an escrow account per section 90-08. The Contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than 30 days after the Contractor has received a partial payment. Contractor must provide the Owner evidence of prompt and full payment of retainage held by the prime Contractor to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed. A subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Owner. When the Owner has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. When not less than 95 percent of the work has been completed the Engineer may, at his/her discretion and with the consent of the surety, prepare an estimate from which will be retained an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section. The Contractor shall deliver to the Owner a complete release of all claims for labor and material arising out of this contract before the final payment is made. If any subcontractor or supplier fails to furnish such a release in full, the Contractor may furnish a bond or other collateral satisfactory to the Owner to indemnify the Owner against any potential lien or other such claim. The bond or collateral shall include all costs, expenses, and attorney fees the Owner may be compelled to pay in discharging any such lien or claim. 90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: A. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. B. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. GENERAL PROVISIONS III-60 3411 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual C. The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. D. The Contractor has furnished the owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. E. The Contractor has furnished the owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the work. It is understood and agreed that the transfer of title and the owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his/her responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans, and specifications. In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection. 90-08 PAYMENT OF WITHHELD FUNDS. At the Contractor's option, he/she may request that the owner accept(in lieu of the 10 percent retainage on partial payments described in the subsection titled PARTIAL PAYMENTS of this section) the Contractor's deposits in escrow under the following conditions. A. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the owner. B. The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the owner and having a value not less than the 10 percent retainage that would otherwise be withheld from partial payment. C. The Contractor shall enter into an escrow agreement satisfactory to the owner. D. The Contractor shall obtain the written consent of the surety to such agreement. 90-09 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work GENERAL PROVISIONS III-61 3412 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the 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 GENERAL PROVISIONS III-62 3413 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION 100 (OMMITTED) GENERAL PROVISIONS III-63 3414 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-64 3415 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION 110 SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91-54). The Contractor alone shall be responsible for the safety, efficiency and adequacy of his plant, appliances and methods of construction and for any damages which may result from their failure or their improper construction, maintenance or operations. The Contractor will be required to comply with the latest edition of Advisory Circular No. 150/5370-2G "Operational Safety on Airports During Construction". In addition, the Contractor will be required to comply with all Safety and Security Requirements stipulated in the Contractor's Safety and Security Requirements stated on Plans. END OF SECTION 110 GENERAL PROVISIONS III-65 3416 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-66 3417 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION 120 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will also ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative, the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of the work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide to the County as satisfactory evidence of the required insurance either: Certificate of Insurance, or A certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non- renewal, material change or reduction in coverage unless a minimum of thirty (30) days' prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by Iaw.The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' GENERAL PROVISIONS III-67 3418 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and" approved by Monroe County's Risk Manager. To assist in the development of your proposal, the insurance coverage marked with an "X'will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him sign it in the place provided. It is also required that the bidders sign the form and submit it with each proposal. WORKERS' COMPENSATION & EMPLOYER'S LIABILITY Workers' Compensation DWLRC Statutory Limits WC1 --Employer's Liability ELOLW\ $100,000/$500,000/$100,000 WC2 Employer's Liability ELOLW\ $500,000/$500,000/$500,000 WC3 X Employer's Liability ELOLW\ $1,000,000/$1,000,000/$1,000,000 WCUSLH U.S. Longshoremen & Harbor Workers Act Same as Employer's Liability WCJA Federal Jones Act Same as Employer's Liability GENERAL LIABILITY As a minimum, the required general liability coverage will include: - Premises Operations - Blanket Contractual - Personal injury Expanded - Definition of Property Damage - Products and Completed Operations GENERAL PROVISIONS III-68 3419 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Required Limits: GL1 $100,000/person; $300,000/occurrence $ 50,000 property damage or $300,000 combined single limit GL2 $250,000/person; $500,000/occurrence $ 50,000 property damage or $500,000 combined single limit $ 500,000/person; $1,000,000/occurrence GL3 X $ 100,000 property damage or $1,000,000 combined single limit GL4 $5,000,000 combined single limited Required Endorsement: GLXCU Underground, Explosion & Collapse (XCU) GLLIQ Liquor Liability 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: VLI $ 50,000/person; $100,000/occurrence $ 25,000 property damage or $100,000 combined single limit VL2 $100,000/person; $300,000/occurrence $ 50,000 property damage or $300,000 combined single limit VL3 X $ 500,000/person; $1,000,000/occurrence $ 100,000 property damage or $1,000,000 combined single limit VL4 $5,000,000 combined single limit GENERAL PROVISIONS III-69 3420 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual MISCELLANEOUS COVERAGES BR1 Builders' Risk Limits Equal to the risk completed project Equal to the max. value of any one MVC Motor Truck Cargo Limits shipment PR01 Professional Liability $250,000/occurrence PR02 $500,000/occurrence P R03 $1,000,000/occurrence P01-1 Pollution Liability $500,000/occurrence P01-2 $1,000,000/occurrence P01-3 $5,000,000/occurrence ED1 Em to ee $10,000 ED2 Dishonesty $100,000 GK1 1 Garage $300,000 $25,000/vehicle GK2 Keepers $500,000 $100,000/vehicle GK3 $1,000,000 $250,000/vehicle MED1 Medical $500,000/$1,000,000 Agg. •ED2 Professional $1,000,000/$3,000,000 Agg. •ED3 $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 1 Bailee Liability Max. value of property HKL1 Hangar keepers' Liability $300,000 HKL2 $500,000 H KL3 $1,000,000 AIR1 I Aircraft Liability $25,000,000 Al R2 $1,000,000 Al R3 $1,000,000 AE01 Architect's Errors & Omissions $250,000/occurrence/$500,000 Agg. AE02 $500,000/occurrence/$1,000,000 Agg. AE03 $1,000,000/occurrence/$3,000,000 A GENERAL PROVISIONS III-70 3421 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy: POLICY DEDUCTIBLES 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-71 3422 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual WORKERS ' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT B E T W E E N 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 County shall recognize and honor the Contractor's status. The Contractor may be; required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition,the Contractor may be required to submit updated financial statements from the fund upon request from the County. GENERAL PROVISIONS III-72 3423 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual GEN ERAL LIABI LIT Y INSURANCE REQUIREMENTS FOR CONTRACT B E T W E E N MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: - Premises Operations - Products and Completed Operations - - Blanket Contractual Liability - Personal Injury Liability - Expanded Definition of Property Damage The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per person $1,000,000 per occurrence $ 100,000 property damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GENERAL PROVISIONS III-73 3424 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT B E T W E E N MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per person $1,000,000 per occurrence $ 100,000 property damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GENERAL PROVISIONS III-74 3425 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual BUILDER ' S RISK INSURANCE REQUIREMENTS FOR CONTRACT B E T W E E N 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 County, Builder's Risk Insurance on an All Risk of Loss form. Coverage shall include: Theft Aircraft Windstorm Vehicles Hail Smoke Explosion Fire Riot Collapse Civil Commotion Flood The policy limits shall be no less than the amount of the finished project and coverage shall be provided on a completed value basis. Property located on the construction premises, which is intended to become a permanent part of the building, shall be included as property covered. The policy shall be endorsed permitting the County to occupy the building prior to completion without effecting the coverage. The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee. GENERAL PROVISIONS III-75 3426 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-76 3427 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION 130 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM 130.01 DEFINITIONS OF TERMS The terms used in this program have the meaning defined in 49 CFR Section 26.5. 130.02 OBJECTIVES/POLICY STATEMENT The Key West International Airport (herein called Sponsor) has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (USDOT), 49 CFR Part 26. The Sponsor has received Federal financial assistance in excess of $250,000 from the Federal Aviation Administration, and as a condition of receiving this assistance, the Sponsor has signed an assurance that it will comply with 49 CFR Part 26. It is the policy of the Sponsor to ensure that DBEs, as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in FAA-assisted contracts. It is also their policy: A. To ensure nondiscrimination in the award and administration of FAA-assisted contracts; B. To create a level playing field on which DBEs can compete fairly for FAA-assisted contracts; C. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; D. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; E. To help remove barriers to the participation of DBEs in FAA-assisted contracts; F. To promote the use of DBEs in all types of federally-assisted contracts and procurement activities conducted by recipients; G. To assist the development of firms that can compete successfully in the market place outside the DBE Program; and H. To provide appropriate flexibility to recipients of Federal financial assistance in establishing and providing opportunities for DBEs. The Sponsor's Senior Business Manager has been designated as the DBE Liaison Officer. In that capacity, the Sponsor's Senior Business Manager is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the Sponsor in its financial assistance agreements with the Federal Aviation Administration. 130.03 NON-DISCRIMINATION The Sponsor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. GENERAL PROVISIONS III-77 3428 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual In administering its DBE program, the Sponsor will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex, or national origin. 130.04 DBE PROGRAM UPDATES The Sponsor will continue to carry out this program until all funds from FAA financial assistance have been expended. The Sponsor does not have to submit regular updates to the DBE Program document, as long as it remains in compliance. Updates will be provided to FAA if there are significant changes in the Program. 130.05 FEDERAL FINANCIAL ASSISTANCE AGREEMENT ASSURANCE The Sponsor has signed the following assurance, applicable to all FAA-assisted contracts and their administration: The Sponsor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any FAA-assisted contract or in the administration of its DBE Program or the requirements of 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of FAA-assisted contracts. The recipients DBE Program, as required by 49 CFR Part 26 and as approved by FAA, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Sponsor of its failure to carry out its approved program, the FAA may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 US.C. 3801 et seq.) 130.06 REQUIRED CONTRACT CLAUSES The Sponsor will ensure that the following clauses are placed in every FAA-assisted contract and subcontract: A. Nondiscrimination - The contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of FAA assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: 1. Withholding monthly progress payments, 2. Assessing Sanctions 3. Liquidated Damages, and/or, 4. Disqualifying the Contractor from future bidding as non-responsible. GENERAL PROVISIONS III-78 3429 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual B. Equal Opportunity — DBE Obligation — The recipient or its contractors agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have equal opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have an equal opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of FAA-assisted contracts. C. Failure to Carry Out DBE Obligations — All bidders, potential contractors, or subcontractors for this FAA-assisted contract are hereby notified that failure to carry out the FAA policy and the DBE obligation, as set forth above, shall constitute a breach of contract which may result in termination of the contract or such other remedy as deemed appropriate by the recipient and the FAA. D. Prompt Payment - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 working days from the receipt of each payment the prime contractor receives from the Monroe County BOCC. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Key West International Airport. This clause applies to both DBE and non-DBE subcontractors. E. Retainage - From the total of the amount determined to be payable on a partial payment, 10% percent of such total amount will be deducted and retained by the Sponsor for protection of the Sponsor's interests. Release and payment of the retained amount shall be in accordance with Section 90-06. In lieu of retainage, the Contractor may exercise at its option the establishment of an escrow account in accordance with Section 90-08. The Contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than 30 days after the Contractor has received a partial payment. Contractor must provide the Sponsor evidence of prompt and full payment of retainage held by the prime Contractor to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed. A subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Sponsor. When the Sponsor has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. F. Prompt Payment Monitoring - In order to ensure subcontractors have been promptly paid by the prime contractor within 30 days of receipt of payment from Monroe County, the prime contractor must submit documentation of prior subcontractor payments and dates with their pay requests. The Sponsor retains the right to audit a contractor's books and records to determine the accuracy of the information reported. The awarded prime contractor may use the 30-Day Subcontractor Prompt Payment Form for monitoring. GENERAL PROVISIONS III-79 3430 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 130.07 OTHER CONTRACT PROVISIONS A. Bidders List. If the recipient's DBE program provides for collecting information for a bidders list by using a contract clause, the recipient should devise an appropriate clause and include it in each FAA-assisted contract. FAA's "Sample DBE Program" interpreting 49 CFR Section 26.11 lists various methods by which a recipient can collect information for a bidders list. Use of a contract clause is one such method. B. Good Faith Efforts. In accordance with 49 CFR Section 26.51, the recipient must meet the maximum feasible portion of their overall goal through race-neutral means of facilitating DBE participation. The recipient is not required to set a contract goal on every FAA-assisted contract but must set contract goals that will cumulatively result in meeting any portion of the overall goal the recipient does not project meeting through the use of race-neutral means. Contract goals may be established only on those FAA- assisted contracts having sub-contracting possibilities. When a contract goal is established pursuant to the recipient's program, the sample bid specification set forth below can be used to notify bidders/offerors of the requirements to make good faith efforts. The forms that follow the specification can be used to collect information necessary to determine whether the bidder/offeror has satisfied these requirements. The sample specification is intended for use in both non- construction and construction contracts for which a contract goal has been established. Thus, it can be included in invitations for bid for construction, in requests for architectural/engineering and other professional services, and in other covered solicitation documents. The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the Sponsor to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, including those who qualify as a DBE. DBE participation in this contract may be in the form of a prime contract, subcontract, joint venture, or another arrangement that qualifies under 49 CFR Section 26. The bidder/ offeror shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26 (Attachment 1), to meet the goal for DBE participation in the performance of this contract. C. DBE-related Forms to Submit with Bid. In addition to the Section J Form, the Bidder/Offeror shall submit Attachment 1 — DBE Utilization Form at time of Bid and if DBE goal is not met shall submit at the time of bid the Good Faith Effort documentation. The Bidder/Offer shall also submit Attachment 2 — Letter of Commitment Form for all DBE firms proposed by the Bidder/Offeror. Attachment 2 shall be completed by the Bidder/Offeror for each DBE firm and the DBE firm must affirm by signature in Attachment 2. D. DBE Compliance - The Contractor will be required to submit the following forms as part of their DBE contract compliance during the execution of the project: GENERAL PROVISIONS III-80 3431 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 1) Attachment 1 — Disadvantage Business Enterprise (DBE) Utilization Form — due with bid. 2) Attachment 2 — Letter of Intent Form — due with bid. A separate form should be completed for each DBE firm. 3) Attachment 3 — Form A - Proposed DBE Utilization Form - due within seven days of the preconstruction conference to Engineer/Architect/RPR. A separate form should be completed for each DBE firm. 4) Attachment 4 — Form B — Proposed DBE Identification Form - due within seven days of the preconstruction conference to Engineer/Architect/RPR. A separate form should be completed for each DBE firm. 5) Attachment 5 — Form C - DBE Payment Certification Form for each DBE firm that is working as a subcontractor should be submitted with each pay request. Page 1 is due by the 101h of each month and must be signed and notarized both by the contractor and the DBE firm. Page 2 is due when final payment has been made to the DBE firm. 6) Attachment 6 — Form D - Documentation of 30-Day Subcontractor Prompt Payment Form for each pay request from a subcontractor(DBE or non-DBE), shall be submitted with each pay request and maintained throughout the duration of work. 7) Attachment 7— Form E - DBE Expenditure Report Form for each DBE firm that is working as a subcontractor should be submitted with each pay request. 8) Attachment 8 — Form F - Final Report Utilization of Disadvantaged Business Enterprises (DBEs) Form with the final pay request. Copies of these forms follow. GENERAL PROVISIONS III-81 3432 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual ATTACHMENT 1 DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION FORM (This Form due with Bid) The Sponsor has established a race neutral DBE goal of 5 % for this project. The undersigned bidder/ offeror has satisfied the requirements of the bid specification in the following manner (please check the appropriate space): The Bidder/Offeror is committed to a minimum of 5 % DBE utilization on this Contract. The Bidder/Offeror (if unable to meet the DBE goal of 5 % is committed to a minimum of % DBE utilization on this Contract and submits documentation attached hereto demonstrating the Bidder/Offeror's Good Faith Efforts. Please refer to 49 CFR Appendix A to 49 CFR Part 26 — Guidance Concerning Good Faith Efforts. Name of Bidder/Offeror's firm: State Registration No.: By: Signature of Bidder/Offeror Name/Title GENERAL PROVISIONS III-82 3433 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual ATTACHMENT 2 LETTER OF INTENT FORM (Submit this form for each DBE Firm and attach a copy of their FLUCP DBE Certification or firm print-out from the FDOT DBE Directory. Forms are due with Bid. DBE Firms must be certified by the FLUCP and listed in the FDOT DBE Directory at time of bid.) Name of Bidder/Offeror's firm: Address: City: State: Zip: Name of DBE firm: Address: City: State: Zip: Telephone / Email: Description of work to be performed by DBE firm: The Bidder/Offeror is committed to utilizing the above-named DBE firm for the work described above. The estimated dollar value of this work is $ By: Signature of Bidder/Offeror Name/Title Affirmation The above-named DBE firm affirms that it will perform the portion of the Contract for the estimated dollar values as stated above. By (Signature of DBE Firm) (Title) If the Bidder/Offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void. GENERAL PROVISIONS III-83 3434 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual ATTACHMENT 3 FORM A PROPOSED DBE UTILIZATION FORM DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION THIS FORM MUST BE FULLY COMPLETED FOR EACH PROPOSED DBE CONTRACTOR/SUBCONTRACTOR AND SUBMITTED NO LATER THAN 7 DAYS FROM THE PRE-CONSTRUCTION CONFERENCE TO THE ENGINEER/ARCHITECT/RPR PROJECT NAME: ---------------------------------------------- AIRPORT NAME: ---------------------------------------------- AIP PROJECT NUMBER: ------------------------------------------- PRIME CONTRACTOR: -------------------------------------------- ADDRESS: ----------------------------------------------- CONTACT NAME: -------------------------------------------- TEL/FAX/EMAIL: -------------------------------------------- DBE GOAL FOR PROJECT: ------------------------------------------ IDENTIFICATION OF DBE FIRMS TO PARTICIPATE IN CONTRACT (PROVIDE FOR EACH DBE FIRM INTENDED TO PERFORM IN CONTRACT): 1. NAME OF DBE FIRM: ------------------------------------------ ESTIMATED PARTICIPATION:$ -------------------------------------- ESTIMATED PERCENTAGE OF TOTAL PROJECT: ------------------------------- OVERVIEW OF WORK TO BE PERFORMED: --------------------------------- --------------------------------------------------- --------------------------------------------------- 2. NAME OF DBE FIRM: ------------------------------------------ ESTIMATED PARTICIPATION:$ -------------------------------------- ESTIMATED PERCENTAGE OF TOTAL PROJECT: ------------------------------- OVERVIEW OF WORK TO BE PERFORMED: --------------------------------- --------------------------------------------------- --------------------------------------------------- GENERAL PROVISIONS III-84 3435 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual FORM A (CONTINUED) PROPOSED DBE UTILIZATION FORM DISADVANTAGED BUSINESS ENTERPRISE(DBE) PARTICIPATION 3. NAME OF DBE FIRM: ------------------------------------------ ESTIMATED PARTICIPATION:$ -------------------------------------- ESTIMATED PERCENTAGE OF TOTAL PROJECT: ------------------------------- OVERVIEW OF WORK TO BE PERFORMED: --------------------------------- --------------------------------------------------- --------------------------------------------------- 4. NAME OF DBE FIRM: ------------------------------------------ ESTIMATED PARTICIPATION:$ -------------------------------------- ESTIMATED PERCENTAGE OF TOTAL PROJECT: ------------------------------- OVERVIEW OF WORK TO BE PERFORMED: --------------------------------- --------------------------------------------------- --------------------------------------------------- The undersigned certifies the intent of the Prime Contractor to enter into a contract with the DBE Contractor/Subcontractor to provide the above-referenced work associated with this project. ----------------------------------------------------- Name of Prime Contractor ----------------------------------------------------- Signature Date ----------------------------------------------------- Print Name and Title NOTES: 1. THIS FORM IS DUE NO LATER THAN 7 DAYS FROM THE PRECONSTRUCTION CONFERENCE 2. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT 3. A DBE IDENTIFICATION FORM MUST BE SUBMITTED FOR ALL PROPOSED DBEs GENERAL PROVISIONS III-85 3436 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual ATTACHMENT 4 FORM B PROPOSED DBE IDENTIFICATION FORM DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION THIS FORM MUST BE FULLY COMPLETED FOR EACH PROPOSED DBE CONTRACTOR/SUBCONTRACTOR AND SUBMITTED NO LATER THAN 7 DAYS FROM THE PRE-CONSTRUCTION CONFERENCE TO THE ENGINEER/ARCHITECT/RPR PROJECT NAME: ---------------------------------------------- AIRPORT NAME: ---------------------------------------------- AIP PROJECT NUMBER: ------------------------------------------- PRIME CONTRACTOR: -------------------------------------------- ADDRESS: ----------------------------------------------- CONTACT NAME: -------------------------------------------- TEL/FAX/EMAIL: -------------------------------------------- DBE GOAL FOR PROJECT: ----------------------------------------- (FROM BID DOCUMENTS) IDENTIFICATION OF DBE FIRMS TO PARTICIPATE IN CONTRACT (PROVIDE THIS FORM FOR EACH DBE FIRM INTENDED TO PERFORM IN THE CONTRACT): NAME OF DBE FIRM: -------------------------------------------- ADDRESS: ----------------------------------------------- CONTACT NAME: -------------------------------------------- TEL/FAX/EMAIL: -------------------------------------------- NAME OF FLORIDA UCP AGENCY WHERE CERTIFIED: ----------------------------- VERIFIED DBE ON FDOT DBE DIRECTORY? ---------------------------------- ESTIMATED PARTICIPATION BY THIS DBE CONTRACTOR AT INITIAL/ORIGINAL BID: 1. WAS THIS DBE CONTRACTOR INCLUDED IN INITIAL BID OF PRIME CONTRACTOR? IF ANSWER IS NO,PRIME CONTRACTOR MUST PROVIDE SUBSTITUTION LETTER TO EXPLAIN REASONS FOR REMOVAL OF OTHER DBE CONTRACTOR AND/OR ADDITION OF THE DBE CONTRACTOR. 2. ESTIMATED PARTICIPATION AT INITIAL BID:$ ---------------------------- 3. ESTIMATED PERCENTAGE OF TOTAL PROJECT FOR THIS DBE CONTRACTOR: 4. DETAIL SPECIFIC WORK TO BE PERFORMED: ----------------------------------------------- ----------------------------------------------- ----------------------------------------------- ----------------------------------------------- GENERAL PROVISIONS III-86 3437 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual FORM B (CONTINUED) PROPOSED DBE IDENTIFICATION FORM DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION ESTIMATED PARTICIPATION BY THIS DBE CONTRACTOR AT PRE-CONSTRUCTION CONFERENCE: 1. ESTIMATED PARTICIPATION AT PRECONSTRUCTION CONFERENCE:$ 2. ESTIMATED PERCENTAGE OF TOTAL PROJECT FOR THIS DBE CONTRACTOR: 3. DETAIL SPECIFIC WORK TO BE PERFORMED: ----------------------------------------------- ----------------------------------------------- ----------------------------------------------- ----------------------------------------------- ----------------------------------------------------- Name of DBE Contractor/Subcontractor ----------------------------------------------------- Signature of DBE Contractor/Subcontractor Date ----------------------------------------------------- Print Name and Title The undersigned certifies the intent of the Prime Contractor to enter into a contract with the DBE Contractor/Subcontractor to provide the above-referenced work associated with this project. ----------------------------------------------------- Name of Prime Contractor ----------------------------------------------------- Signature of Prime Contractor Date ----------------------------------------------------- Print Name and Title NOTES: 1. THIS FORM IS DUE NO LATER THAN 7 DAYS FROM THE PRECONSTRUCTION CONFERENCE 2. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT/RPR 3. A DBE IDENTIFICATION FORM MUST BE SUBMITTED FOR ALL PROPOSED DBEs GENERAL PROVISIONS III-87 3438 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual ATTACHMENT 5 FORM C DBE PAYMENT CERTIFICATION FORM DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION Payment Certification Form for each DBE firm that is working as a subcontractor should be submitted with each pay request. Page 1 is due by the 10th of each month and must be signed and notarized both by the contractor and the DBE firm. Page 2 is due when final payment has been made to the DBE firm. THIS IS TO CERTIFY THAT ------------------------------------------- (DBE CONTRACTOR) RECEIVED(MONTHLY)OR(FINAL)PROGRESS PAYMENT OF:$_--------------------------_ (CIRCLE ONE) ON: FROM: ---------- -------------------------------------- (DATE) (PRIME CONTRACTOR) FOR LABOR AND MATERIALS USED ON: PROJECT NAME: -------------------------------------------- AIRPORT: ----------------------------------------------- AIRPORT PROJECT NUMBER: --------------------------------------- SIGNED BY OFFICIAL OF PRIME CONTRACTOR: --------------------------------- PRIME CONTRACTOR SIGNATURE: ------------------------------------- TITLE: ------------------------------------------------ NOTARIZED: PERSONALLY KNOWN TO ME: -------------------------------------- DRIVER'S LICENSE NUMBER: --------------------------------------- OTHER IDENTIFICATION: ----------------------------------------- SWORN AND SUBSCRIBED BEFORE ME THIS:_----- DAY OF----------------_,20 ---------------------- ------------------------- NOTARY PUBLIC SIGNATURE COMMISSION EXPIRES TOTAL PAID TO THIS DBE THIS MONTH: $ -------------------------------- TOTAL PREVIOUSLY PAID TO THIS DBE: $ -------------------------------- TOTAL PAID TO THIS DBE TO DATE: $ -------------------------------- SIGNED BY OFFICIAL OF DBE CONTRACTOR: ----------------------------------- DBE CONTRACTOR SIGNATURE: -------------------------------------- TITLE: ------------------------------------------------ NOTARIZED: PERSONALLY KNOWN TO ME: -------------------------------------- DRIVER'S LICENSE NUMBER: --------------------------------------- OTHER IDENTIFICATION: ----------------------------------------- SWORN AND SUBSCRIBED BEFORE ME THIS:_----- DAY OF----------------_,20 ---------------------- ------------------------- NOTARY PUBLIC SIGNATURE COMMISSION EXPIRES GENERAL PROVISIONS III-88 3439 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual FORM C (CONTINUED) DBE PAYMENT CERTIFICATION FORM DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION TOTAL OF ALL PROGRESS PAYMENTS: $ ---------------------------------- RETAINAGE WITH-HELD: $ ---------------------------------- BOND WITH-HELD: $ ---------------------------------- PROJECT SUMMARY FOR: (DBE CONTRACTOR) ESTIMATED PARTICIPATION BY THIS DBE CONTRACTOR AT INITIAL BID: 1. ESTIMATED PARTICIPATION BY THIS DBE CONTRACTOR AT INITIAL BID: $ 2. ESTIMATED PERCENTAGE OF TOTAL PROJECT FOR THIS DBE CONTRACTOR: --------------- ACTUAL PARTICIPATION BY THIS DBE CONTRACTOR AT FINAL CONTRACT CLOSEOUT: 1. ACTUAL PARTICIPATION BY THIS DBE CONTRACTOR: $ 2. ACTUAL PERCENTAGE OF FINAL CONTRACT AMOUNT FOR THIS DBE CONTRACTOR: EXPLAIN ANY DIFFERENCES BETWEEN ITEMS 1&3(OVERRUNS OR UNDERRUNS BY THIS DBE CONTRACTOR ON THIS PROJECT): ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- EXPLAIN ANY DIFFERENCES BETWEEN ITEMS 2&4(ESTIMATED/INITIAL BID PARTICIPATION PERCENTAGE BY THIS DBE CONTRACTOR VERSUS ACTUAL PARTICIPATION PERCENTAGE BY THIS DBE CONTRACTOR): ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- NOTES: 1. PAGE 1 OF THIS FORM IS DUE BY THE 10th OF EACH MONTH AFTER DBE STARTS WORK WHETHER PAYMENT IS MADE BY PRIME CONTRACTOR TO DBE OR NOT. 2. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT/RPR. 3. PAGE 1 OF THIS FORM IS TO BE PROVIDED UNTIL FINAL PAYMENT HAS BEEN MADE TO THIS DBE CONTRACTOR, INCLUDING ALL RETAINAGE PAYMENTS. 4. INCLUDE PAGE 2 OF THIS FORM ONLY UPON FINAL PROGRESS PAYMENT TO THIS DBE CONTRACTOR. GENERAL PROVISIONS III-89 3440 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual ATTACHMENT 6 FORM D DOCUMENTATION OF 30-DAY SUBCONTRACTOR PROMPT PAYMENT FORM DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION THIS FORM DUE WITH EACH PAY REQUEST AND MAINTAINED THROUGHOUT THE DURATION OF WORK. PRIME CONTRACTOR: DATE REQUESTED: (MM/DD/YYYY) PROJECT#: PR AMOUNT($): (INCLUDING RETAINAGE) PROJECT DESCRIPTION: RETAINAGE($): (RETAINAGE) PAY REQUEST(PR)#: PR SUBTOTAL($): (AMOUNT LESS RETAINAGE) DATE APPROVED(BY ENGINEER): (MM/DD/YYYY) SUBCONTRACTOR PAYMENT REQUEST(SUB PR)TRACKING SUBCONTRACTOR PRIME PR#: PRIME PR#: PRIME PR#: NAME(DBE&NON- DBE) SUB PR# SUB PR# SUB PR# SUB PR DATE SUB PR DATE SUB PR DATE SUB PR SUB PR SUB PR AMOUNT($) AMOUNT($) AMOUNT($) RETAINAGE($) RETAINAGE($) RETAINAGE($) SUB PR# SUB PR# SUB PR# SUB PR DATE SUB PR DATE SUB PR DATE SUB PR SUB PR SUB PR AMOUNT($) AMOUNT($) AMOUNT($) RETAINAGE($) RETAINAGE($) RETAINAGE($) SUB PR# SUB PR# SUB PR# SUB PR DATE SUB PR DATE SUB PR DATE SUB PR SUB PR SUB PR AMOUNT($) AMOUNT($) AMOUNT($) RETAINAGE($) RETAINAGE($) RETAINAGE($) PRIME PAYMENTS RECEIVED BY COUNTY(COUNTY PAY) PRIME PAY REQUEST(PR)# COUNTY PAY# DATE RECEIVED AMOUNT($) 30-DAY PAY DATE GENERAL PROVISIONS III-90 3441 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual FORM D (CONTINUED) DOCUMENTATION OF 30-DAY SUBCONTRACTOR PROMPT PAYMENT FORM DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION SUBCONTRACTOR 30-DAY PROMPT PAYMENT-PAID BY PRIME(PBP)TRACKING COUNTY PAY#: COUNTY PAY#: COUNTY PAY#: SUBCONTRACTOR PRIME PR#: PRIME PR#: PRIME PR#: NAME(DBE& NON-DBE) SUB PR# SUB PR# SUB PR# PBP DATE PBP DATE PBP DATE PBP AMOUNT($) PBP AMOUNT($) PBP AMOUNT($) PBP RETAINAGE($) PBP RETAINAGE($) PBP RETAINAGE($) SUB PR# SUB PR# SUB PR# PBP DATE PBP DATE PBP DATE PBP AMOUNT($) PBP AMOUNT($) PBP AMOUNT($) PBP RETAINAGE($) PBP RETAINAGE($) PBP RETAINAGE($) SUB PR# SUB PR# SUB PR# PBP DATE PBP DATE PBP DATE PBP AMOUNT($) PBP AMOUNT($) PBP AMOUNT($) PBP RETAINAGE($) PBP RETAINAGE($) PBP RETAINAGE($) GENERAL PROVISIONS III-91 3442 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual ATTACHMENT 7 FORM E DBE EXPENDITURE REPORT FORM DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION THIS FORM MUST BE COMPLETED IN FULL AND SUBMITTED BY THE PRIME CONTRACTOR FOR EACH DBE FIRM USED, WITH EACH PAY REQUEST MADE BY THE PRIME CONTRACTOR PROJECT NAME: ---------------------------------------------- AIRPORT NAME: ---------------------------------------------- AIP PROJECT NUMBER: ------------------------------------------- PRIME CONTRACTOR: -------------------------------------------- ADDRESS: ----------------------------------------------- DBE CONTRACTOR: --------------------------------------------- ADDRESS: ----------------------------------------------- PRIME CONTRACTOR PAY REQUEST NUMBER: ---------------------------------- TOTAL ESTIMATED DBE CONTRACT PARTICIPATION FOR THIS DBE CONTRACTOR:$ ------------------- PERCENTAGE OF TOTAL CONTRACT: ------------------------------------- CONTRACT ITEM UNIT ITEM ITEM NO. DESCRIPTION OF WORK PERFORMED BY DBE CONTRACTOR QUANTITY PRICE AMOUNT (Attach pages as needed to detail work performed) TOTAL AMOUNT REQUESTED BY DBE THIS INVOICE(ADD ITEM AMOUNTS): $ _----------------_ TOTAL AMOUNT PREVIOUSLY REQUESTED BY DBE(FROM PRIOR PAY REQUEST): $ _----------------_ TOTAL AMOUNT REQUESTED BY DBE TO DATE: $ GENERAL PROVISIONS III-92 3443 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual FORM E (CONTINUED) DBE EXPENDITURE REPORT FORM DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION The undersigned certifies that the DBE Contractor has successfully completed the above-referenced work associated with this project and further assures that said DBE Contractor will be paid in full for the amount indicated above for said services. ----------------------------------------------------- Name of Prime Contractor ----------------------------------------------------- Signature of Prime Contractor Date ----------------------------------------------------- Print Name and Title DBE Contractor's Certification Information: Name of Florida UCP Agency where DBE Contractor Certified: --------------------------- ----------------------------------------------------- Name of DBE Contractor ----------------------------------------------------- Signature of DBE Contractor Date ----------------------------------------------------- Print Name and Title NOTES: 1. THIS FORM IS DUE WITH EACH PAY REQUEST 2. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT/RPR GENERAL PROVISIONS III-93 3444 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual ATTACHMENT 8 FORM F FINAL REPORT—UTILIZATION OF DBEs DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION THIS FORM MUST BE FULLY COMPLETED FOR EACH DBE CONTRACTOR/SUBCONTRACTOR THAT PARTICIPATED IN THE CONTRACT AND SUBMITTED WITH FINAL PAY REQUEST FOR THE PRIME CONTRACTOR PROJECT NAME: ---------------------------------------------- AIRPORT NAME: ---------------------------------------------- AIP PROJECT NUMBER: ------------------------------------------- PRIME CONTRACTOR: -------------------------------------------- ADDRESS: ----------------------------------------------- CONTACT NAME: -------------------------------------------- TEL/FAX/EMAIL: -------------------------------------------- DBE GOAL FOR PROJECT: ----------------------------------------- (FROM BID DOCUMENTS) IDENTIFICATION OF ACTUAL DBE PERFORMANCE (PROVIDE FOR EACH DBE FIRM THAT PARTICIPATED IN CONTRACT): 1. NAME OF DBE FIRM: ------------------------------------------ ACTUAL PARTICIPATION:$ ---------------------------------------- ACTUAL PERCENTAGE OF TOTAL PROJECT: -------------------------------- OVERVIEW OF WORK PERFORMED: ------------------------------------ --------------------------------------------------- --------------------------------------------------- 2. NAME OF DBE FIRM: ------------------------------------------ ACTUAL PARTICIPATION:$ ---------------------------------------- ACTUAL PERCENTAGE OF TOTAL PROJECT: -------------------------------- OVERVIEW OF WORK PERFORMED: ------------------------------------ --------------------------------------------------- --------------------------------------------------- 3. NAME OF DBE FIRM: ------------------------------------------ ACTUAL PARTICIPATION:$ ---------------------------------------- ACTUAL PERCENTAGE OF TOTAL PROJECT: -------------------------------- OVERVIEW OF WORK PERFORMED: ------------------------------------ --------------------------------------------------- --------------------------------------------------- GENERAL PROVISIONS III-94 3445 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual FORM F (CONTINUED) FINAL REPORT—UTILIZATION OF DBEs DISADVANTAGED BUSINESS ENTERPRISE(DBE) PARTICIPATION 4. NAME OF DBE FIRM: ------------------------------------------ ACTUAL PARTICIPATION:$ ---------------------------------------- ACTUAL PERCENTAGE OF TOTAL PROJECT: -------------------------------- OVERVIEW OF WORK PERFORMED: ------------------------------------ --------------------------------------------------- --------------------------------------------------- SUMMARY OF ACTUAL DBE UTILIZATION FOR PROJECT: ACTUAL PARTICIPATION:$ ------------------------------------------ ACTUAL PERCENTAGE OF TOTAL PROJECT: ---------------------------------- PROVIDE EXPLANATION OF ANY DIFFERENCES FROM BID/PROPOSED DBE UTILIZATION: ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- (ATTACH ADDITIONAL SHEETS AS NEEDED) The undersigned certifies this Final Report on the Utilization of Disadvantaged Business Enterprises for this project. ----------------------------------------------------- Name of Prime Contractor ----------------------------------------------------- Signature of Prime Contractor Date ----------------------------------------------------- Print Name and Title NOTES: 1. THIS FORM IS DUE WITH FINAL PAY REQUEST FOR PRIME CONTRACTOR 2. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT 3. THE DBEs SHOWN ON THIS FORM SHOULD BE THE SAME AS THOSE ORIGINALLY LISTED UNLESS AN AUTHORIZED SUBSTITUTION WAS ALLOWED OR THE CONTRACTOR USED MORE DBEs AND ADDITIONAL DBEs WERE ADDED. 4. THE ACTUAL DOLLAR AMOUNT SHOULD REFLECT ANY CHANGES MADE(ADDED OR REDUCED)IN WORK PERFORMED BY THE DBE. 5. THE CONTRACTOR SHOULD EXPLAIN IN WRITING WHY THE NAMES OF THE SUBCONTRACTORS,THE WORK ITEMS OR DOLLAR FIGURES ARE DIFFERENT FROM WHAT WAS ORIGINALLY SHOWN ON THE DBE BIDDER INFORMATION SUBMITTED WITH THE PRIME CONTRACTOR'S INITIAL/ORIGINAL BID TO MONROE COUNTY AND/OR THE COMPLETED "PROPOSED DBE UTILIZATION FORM"AND"DBE IDENTIFICATION FORM." 6. ANY WRITTEN EXPLANATION SHOULD BE ATTACHED TO THIS FORM PRIOR TO SUBMITTAL. GENERAL PROVISIONS III-95 3446 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-96 3447 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION 140 CONSTRUCTION CONTRACT CLAUSES AIRPORT IMPROVEMENT PROGRAM 140-01 LABOR PROVISIONS 1. Each Sponsor entering into a Construction Contract over Two Thousand Dollars ($2,000.00) for an Airport Development project is required to insert in the Contract the following provisions from 29CFR 5.5. Each Contractor is to include these provisions in each Construction Subcontract. a. Minimum Wages (1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, 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.(2) of this Section) and the Davis-Bacon poster (WH- 1321) shall be posted at all times by the Contractor and its subcontractors at the site of the Work in a prominent and accessible place where it can easily be seen by the workers. GENERAL PROVISIONS III-97 3448 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual (2) (i) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (A) The Work to be performed by the classification requested is not performed by a classification in the wage determination; and (B) The classification is utilized in the area by the construction industry; and (C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (i i) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage andHour Division, Employment Standards Administration, U .S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so advise the contracting officer or will notify the Contracting Officer within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (iii) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within thirty (30) days of receipt and so advise or notify the Contracting Officer within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (iv)The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (2)(ii) or (iii) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (3) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated i n the wage determination or shall pay another bona fide fringe benefit or an GENERAL PROVISIONS III-98 3449 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual hourly cash equivalent thereof. (4) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets forthe meeting of obligations under the Plan or Program. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) b. Withholding. The Federal Aviation Administration (FAA) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal Contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of work, all or part of the wages required by the Contract, the FAA may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. c. Payrolls and Basic Records. (1) Payrolls and Basic Records relating thereto shall be maintained by the Contractor during the course of the Work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the site of the Work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under a(4) of this clause that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the Plan or Program is financially responsible, and that the Plan or Program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB control number GENERAL PROVISIONS III-99 3450 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 1215-0140 and 1215-0017.) (2) (i) The Contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the Applicant, Sponsor, or Owner, as the case may be, for transmission to the FAA. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph c(1) above. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014- 1), U.S. Government Printing Office, Washington, D.C. 20402. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB control number 1215-0149.) (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (A) That the payroll for the payroll period contains the information required to be maintained under paragraph c.(1) above and that such information is correct and complete; (B) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (C) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (iii)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph c.(2)(b) of this section. (iv)The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (3) The Contractor or subcontractor shall make the records required under paragraph c.(1) of this section available for inspection, copying or transcription by authorized representatives of the FAA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them 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 GENERAL PROVISIONS III-100 3451 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. d. Apprentices and Trainees (1) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the Work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the bureau, or if a person is employed in his or herfirst ninety (90) days of probationary employment as an apprentice in such as apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the 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. (2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the Work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater that permitted under the Plan approved by the GENERAL PROVISIONS III-101 3452 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the Work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F. R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that GENERAL PROVISIONS III-102 3453 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. c) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. d) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. e) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. f) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. g) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government GENERAL PROVISIONS III-103 3454 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract. e. Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the 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. f. Contract Termination: Debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for the debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12. g. Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors must also comply with the Copeland "Anti-Kickback"Act(40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal GENERAL PROVISIONS III-104 3455 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.1. h. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees of their representatives. j. Certification of Eligibility. (1) By entering into this Contract, the Contractor certifies that neither it(nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a) (1). (2) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1). (3) The penalty for making false statements is prescribed in Criminal Code, 18 U.S.C. 1001. 2. The following clauses in paragraphs a., b., c., d., and e. below, required by the Contract Work Hours and Safety Standards Act, will also be inserted in full in AIP Construction contracts in excess of Two Thousand Dollars ($2,000.00) in addition to the clauses required by 29 CFR 5.5 (a) or 4.6 of Part 4 of Title 29. As used in the following, the term "laborers" and "mechanics" include watchmen and guards. a. Overtime Requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve GENERAL PROVISIONS III-105 3456 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half (1%) times the basic rate of pay for all hours worked in excess of forty (40) hours in such work week. b. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph a. above, the Contractor or any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph a. above, in the sum of ten dollars ($10.00) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph a. above. C. Withholding for Unpaid Wages and Liquidated Damages. The FAA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph b. above. d. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs a. through d. and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs a. through d. e. Working Conditions. No contractor or subcontractor may require any laborer and mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under Construction Safety and Health Standards (29 GENERAL PROVISIONS III-106 3457 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual CFR Part 1926) issued by the Department of Labor. 3. In addition to the provisions in 1 and 2 above, for contracts in excess of $2,000, the following is to be included in all contracts for work on airport development projects involving labor: Veterans Preference. In the employment of labor (except in executive, administrative and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans. However, this preference shall apply only where the individuals are available and qualified to perform the Work to which the employment relates. 140-02 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS A. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246, as amended). 1. As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this Contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person of whom the Director delegates authority; C. "Employer Identification Number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: 1) Black (all persons having origins in any of the black African racial groups not of Hispanic origin); 2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin regardless of race); 3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast, Asia, the Indian Subcontinent, or the Pacific Islands); and 4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the Work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 (Ten Thousand Dollars) the provisions of these Specifications and the notice which contains the applicable GENERAL PROVISIONS III-107 3458 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 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. GENERAL PROVISIONS III-108 3459 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 7. The Contractor shall take specific affirmative actions to ensure EEO. The evaluation of the Contractor's compliance with these Specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the 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. GENERAL PROVISIONS III-109 3460 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the Company's EEO policy and affirmative action obligations under these Specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work on any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and subcontractors with whom the Contractor does or anticipates doing business. I. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation, at least of all GENERAL PROVISIONS III-110 3461 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these Specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. P. Conduct a review, at least annually, of all supervisors, adherence to a n d performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar groups of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide EEO and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the executive order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the executive order if a specific minority group of women is under utilized). GENERAL PROVISIONS III-111 3462 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246, as amended. 12. The Contractor shall carry out such sanctions and penalties for violation of these Specifications and of the Equal Opportunity Clause, including 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 degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). B. Contractor Contractual Requirements. During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest(hereinafter referred to as the "Contractor") agrees as follows: 1. COMPLIANCE WITH REGULATIONS. The Contractor shall comply with the GENERAL PROVISIONS III-112 3463 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. 2. NONDISCRIMINATION. The Contractor, with regard to the Work performed by it during the Contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of 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 b. Cancellation, termination, or suspension of the Contract, in whole or in part. 6. INCORPORATION OF PROVISIONS. The Contractor shall include the provisions of Paragraphs 1. through 5. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the GENERAL PROVISIONS III-113 3464 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Sponsor to enter into such litigation to protect the interests of the Sponsor and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. C. 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 insure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 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-114 3465 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 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. A. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246, as Amended). 1 . The Offerer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in 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 GENERAL PROVISIONS III-115 3466 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its Federally involved and non-federally involved construction. The Contractor's compliance with the executive order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specifications set forth in 41 CFR 60-40.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must 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 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 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 GENERAL PROVISIONS III-116 3467 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 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, and b. Number of Employees. Has fifty (50) or more employees, C. Contractor/Subcontractor. Is a prime contractor or first tier subcontractor, and d. Dollar Level. There is a contract, subcontract, or purchase order amounting to $50,000 (Fifty Thousand Dollars) or more or serves as a depository of government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Savings Notes. Some subcontractors below the first tier wh o work at the site are required to file if they meet the requirements of 41 CFR 60-1.7. 3. Records. The FAA or Department of Labor OFCCP may require a Contractor to keep employment or other records and to furnish, in the form requested within reasonable limits, such information as necessary. G. Requirement for Certification of Non-segregated Facilities. 1. Notice to Prospective Federally Assisted Construction Contractors. a. Certification of Non-segregated Facilities must be submitted prior to the award of a federally assisted construction contract exceeding $10,000 (Ten Thousand Dollars) which is not exempt from the provisions of the equal opportunity clause. b. Contractors receiving federally assisted construction contract awards exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to 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 GENERAL PROVISIONS III-117 3468 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Opportunity Clause. b. Contractors receiving federally assisted construction contract awards exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of the equal opportunity clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplied and construction contracts where the subcontracts exceed $10,000 (Ten Thousand Dollars) and are not exempt from the provisions of the equal opportunity clause. NOTE TO THE CONTRACTOR: This Certification is not required here if completed, signed and furnished to the Owner with the Proposal. Certification of Non-Segregated Facilities 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 140-03 MISCELLANEOUS CONTRACT PROVISIONS 1. Airport Improvement Program Project (AIP). The Work in this Contract is being undertaken and accomplished by the Owner in accordance with the terms and conditions of a grant agreement between the Owner and the United States, under the Airport and Airway Improvement Act of 1982 and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), pursuant to which the United States has agreed to pay a certain percentage of the costs of the Project that are determined to be allowable project costs under that Act. GENERAL PROVISIONS III-118 3469 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual The United States is not a party to this Contract and no reference in this Contract to the FAA or any representative thereof, or to any rights granted to the FAA or any representative thereof, or the United States, by the Contract, makes the United States a party to this Contract. 2. Consent to Assignment. The Contractor shall obtain the prior written consent of the OWNER to any proposed assignment of any interest in or part of this Contract. 3. Veterans Preference. In the employment of labor (except in executive, administrative, and supervisory positions), the Contractor shall give preference to veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. 4. FAA Inspection and Review. The Contractor shall allow any authorized representative of the FAA to inspect and review any work or materials used in the performance of this Contract. 5. Foreign Trade Restrictions. The Contractor or subcontractors, by submission of an offer and/or execution of a Contract, certifies that it: a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminates against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any Contract or subcontract for this project with a Contractor that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list. C. has not procured any product nor subcontracted for the supply of any product for use on the Project that is produced in a foreign country on said list. 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 GENERAL PROVISIONS III-119 3470 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 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. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 6. Subcontracts. The Contractor shall insure in each of his subcontracts the provisions contained in Paragraphs A., C., and D. of this section and also a clause requiring the subcontractors to include these provisions in any lower tier subcontractors which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 7. Clean Air and Water Pollution Control Requirements for All Construction Contracts and Subcontracts Exceeding $100,000 (One Hundred Thousand Dollars). Contractors agree: a. That any facility to be used in the performance of the Contract or to benefit from the Contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities. b. To comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. GENERAL PROVISIONS III-120 3471 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual C. That as a condition for award of a Contract, they will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the Contract is under consideration to be listed on the EPA List of Violating Facilities. d. To include in any subcontract which exceeds $100,000 (One Hundred Thousand Dollars), the requirements of(a), (b), and (c) above. STANDARD CLAUSE FOR SOLICITATIONS, CONTRACTS, AND SUBCONTRACTS REQUIRED FOR 49 CFR PART 29 8. Certification Regarding debarment, Suspension, ineligibility, and voluntary Exclusion: Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Bidder/Offerer certifies, by submission of this proposal or acceptance of this Contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. Where the Bidder/Offer/Contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. 9. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 10. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated GENERAL PROVISIONS III-121 3472 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 11. Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent 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. 12. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven (7) years after Final Completion. 13. Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or GENERAL PROVISIONS III-122 3473 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 14. Domestic preference for procurements as set forth in 2 CFR §200.322. The COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 140-04 E-VERIFY 1. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. GENERAL PROVISIONS III-123 3474 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual END OF SECTION 140 GENERAL PROVISIONS III-124 3475 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION 150 APPENDIX A Page 1 BUY AMERICAN PREFERENCES BUY AMERICAN CERTIFICATE JAN (1991) By submitting a bid/proposal under this solicitation, except for those items listed by the Offerer below or on a separate and clearly identified attachment to this bid/proposal, the Offerer certifies that steel and each manufactured product, is produced in the United States (as defined in the clause Buy American - Steel and Manufactured Products or Buy American — Steel and Manufactured Products for Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. Offerers may obtain from (insert Sponsor Representative) lists of articles, materials, and supplies excepted from this provision. PRODUCT COUNTRY OF ORIGIN GENERAL PROVISIONS III-125 3476 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual APPENDIX A Page 2 NOTICE TO BIDDERS BUY AMERICAN - STEEL AND MANUFACTURED PRODUCTS FOR CONSTRUCTION CONTRACTS (JAN 1991) (a) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs (b) (1) or (2) shall be treated as domestic. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of components. This means the costs for production of the components, exclusive of final assembly labor costs. (b) The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, except those- (1) that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; (2) that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or (3) that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. (End of Clause) GENERAL PROVISIONS III-126 3477 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual APPENDIX B Page 3 BUY AMERICAN - STEEL AND MANUFACTURED PRODUCTS FOR CONSTRUCTION CONTRACTS (JAN 1991) (a) The Contractor agrees that, only domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, as defined in (b) below. (b) The following terms apply to this clause: 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) those produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of components. This means the costs for production of the components, exclusive of final assembly labor costs. (End of Clause) END OF SECTION 150 GENERAL PROVISIONS III-127 3478 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-128 3479 SPECIAL PROVISIONS 3480 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-2 3481 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual DIVISION IV SPECIAL PROVISIONS SP-1 - PROJECT GENERAL REQUIREMENTS ...........................................................................IV-5 SP-2 - NOTICE TO PROCEED, CONSTRUCTION PHASING AND WORK SEQUENCING ............................................................................IV-23 SP-3 - CONTRACT TIME AND LIQUIDATED DAMAGES .........................................................IV-25 SP-4 - PROTECTION OF AIRPORT CABLES, CONTROLS, NAVAIDS AND WEATHER BUREAU FACILITIES...........................................................................IV-27 SP-5 - RESIDENT PROJECT REPRESENTATIVE.....................................................................IV-29 SP-6 - SAFETY AND SECURITY REQUIREMENTS...................................................................IV-31 SP-7 - LIST OF DRAWINGS.........................................................................................................IV-41 SP-8 - TEMPORARY FACILITIES................................................................................................IV-43 SP-9 - DEWATERING....................................................................................................................IV-49 SP-10 - PRECEDENCE OF DOCUMENTS..................................................................................IV-51 SP-11 - FINAL PAY REQUESTS AND RELATED FORMS........................................................IV-53 SP-12 - STANDBY TIME...............................................................................................................IV-55 SPECIAL PROVISIONS IV-3 3482 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-4 3483 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SPECIAL PROVISION NO . 1 PROJECT GENERAL REQUIREMENTS 1. WORK LOCATION. The work will be performed at Key West International Airport. 2. SCOPE OF WORK The work includes the Runway 9-27 Repairs as detailed in the construction documents. 3. WORK PHASING AND SEQUENCING. Work phasing and sequencing requirements are stipulated in Special Provision No. 2 included hereinafter. 4. TIME OF COMPLETION AND LIQUIDATED DAMAGES. Work included in this contract shall be completed within sixty (60) calendar days from Notice to Proceed Construction as stipulated in Special Provision Nos. 2 and 3. 5. PLANS. The plans included in this contract are listed in Special Provision No. 7. 6. LOCATION OF EXISTING UNDERGROUND CABLES AND STRUCTURES. All existing cables, light fixtures, signs and related structures are to be protected by the Contractor in accordance with the provisions contained in Special Provision No. 4. 7. PROTECTION OF EXISTING PAVEMENTS AND STRUCTURES. The Contractor shall be responsible for methods, means, materials and procedure necessary to protect all existing facilities, property, asphalt and concrete pavements, structures, equipment, and finishes from any and all damage whatsoever arising from the execution or non-execution of the work of this project. The Contractor shall take all necessary precautions to protect asphalt and concrete pavement surfaces when steel treaded equipment or vehicles are used. Rubber tires or treads shall be used wherever possible. All conflicts discovered between existing underground utilities or structures and new structures and other foundation work shall be immediately brought to the attention of the Engineer who will then issue directions regarding a solution to the conflict(s). 8. CONSTRUCTION LAYOUT AND STAKES. Contractor shall furnish all lines, grades and measurements necessary for the proper prosecution and control of the work and contracted for under these specifications. 9. VERIFICATION OF EXISTING CONDITIONS. Prior to bidding and commencing with construction, the Contractor shall familiarize himself as to the existing conditions. Should the Contractor discover any inaccuracies, errors or omissions between the actual SPECIAL PROVISIONS IV-5 3484 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual existing conditions and the Contract Documents, he shall within fifteen (15) calendar days prior to Bid Opening, notify the Engineer in writing. Submission of Bid by the Contractor shall be held as an acceptance of the existing conditions by the Contractor. 10. SAFETY AND PROTECTION. A. General Project Safety: In as much as each work area will be accessible to and used by the public, the Owner and other companies doing business at the Airport during the construction period, it is the Contractor's responsibility to maintain each work area in a safe, hazard free condition at all times. Should the Owner find the area unsafe at any time, they will notify the Contractor, and the Contractor shall take whatever steps necessary to remedy the unsafe condition. Should the Contractor not be immediately available for corrective action, the Owner will remedy the problem and the Contractor shall reimburse the Owner for the expense of such correction. B. Airfield and Security: This Project includes consists of work during night shift hours (11:00 PM — 6:00 AM). Refer to the CSPP and phasing plans for more information regarding Airfield Security and closures. C. Protection of Property: Fixed structures, equipment, paving, landscaping and vehicles (automobiles, trucks, etc.) shall be protected with drop cloths, shielding and other appropriate measures to ensure maximum protection of all property and vehicles. 11. PRE-CONSTRUCTION CONFERENCE. Before beginning work at the site, the Contractor shall attend a pre-construction conference and bring with him the superintendent employed for this project. In the event the Contractor is unable to attend, he shall send a letter of introduction with the superintendent in which he advises the superintendent's full name and states that he is assigned to the project and will be in full responsible charge. This conference will be called by the Engineer or Resident Project Representative (RPR), who will arrange for the Owner's representative and other interested parties to be present. At this time, all parties will discuss the project under contract and prepare a program of procedure in keeping with requirements of the drawings and specifications. The superintendent will henceforth make every effort to expeditiously coordinate all phases of the work, including the required reporting procedure, to obtain the end result within the full purpose and intent of the drawings and specifications for the project. 12. COORDINATION AND PROGRESS MEETINGS A. General: The RPR will prepare a written memorandum on required coordination activities. Included will be such items as required notices, reports, and attendance at meetings. This memorandum will be distributed to each entity performing work at the project site. B. Weekly Coordination and Progress Meetings: The RPR will hold weekly general project coordination and progress meetings at regularly scheduled SPECIAL PROVISIONS IV-6 3485 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual times convenient for all parties involved. These meetings are in addition to specific meetings held for other purposes, such as special project meetings and special pre-installation meetings. The RPR will require representation at each meeting by every party currently involved in coordination or planning for the work of the entire project. Meetings will be conducted in a manner which will resolve coordination problems. C. The RPR will record results of the meeting and distribute copies to everyone in attendance and to others affected by decisions or actions resulting from each meeting. 13. ADMINISTRATIVE/SUPERVISORY PERSONNEL. The Contractor shall provide a full-time Project Management Team consisting of a Project Superintendent and other supervisory personnel for the duration of the Project. The names and qualifications of this team for this work shall be submitted to the Owner as part of the Bidder Qualification Form. They shall have a minimum of five (5) years of experience on suitable projects of equal difficulty. The Project Superintendent shall be at the construction site at all periods when work is in progress. This person shall have full authority to act on the Contractor's behalf. It is agreed and understood that, if requested in writing by the Owner, the Contractor shall replace any member of the team with another meeting the required qualifications within three (3) days of the receipt of the request. 14. SPECIAL REPORTS. A. Reporting Unusual Events: When an event of an unusual and significant nature occurs at the site, Contractor shall prepare and submit a special report to the Engineer. List chain of events, persons participating, response by the Contractor's personnel, an evaluation of the results or effects and similar pertinent information. Advise the Owner and Engineer as soon as possible when such events are known. B. Submit special reports directly to the Owner within one day of occurrence. Submit a copy of the report to the Engineer and other entities that are affected by the occurrence within one day of the occurrence. SPECIAL PROVISIONS IV-7 3486 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 15. SCHEDULE OF WORK. A. Prepare and submit, in triplicate, for the Engineer's information, progress schedules for the work. B. Progress schedules shall relate to the entire project to the extent required by the Contract Documents and shall provide for expeditious and practicable execution of the work. C. Progress schedules shall be updated monthly. D. Percent complete shall be based on actual construction in place or dollar volume of the work. If dollar volume of the work reflects the greater percent complete, the maximum percent complete shall in no case exceed 5 percent of the value of the in-place construction. 16. PROGRESS SCHEDULE. Preliminary Schedule: Within 15 days after date of Notice of Award and Acceptance, the Contractor shall submit his preliminary network phasing diagram (Preliminary Schedule) indicating a comprehensive overview of the Project including an activity line for each of the work segments to be performed at the site. 1) Arrange the schedule to indicate required sequencing of work and to show time allowances for submittals, inspections, and similar time margins. 2) The submitted schedule shall be reviewed by the Engineer and Owner for conformance to Critical Dates and overall project completion time criteria. Lack of this information will be cause for rejection of the schedule. 3) Following initial submittal of schedule to and response by the Engineer, print and distribute the Progress Schedule to entities with a need-to-know responsibility, including three (3) copies to the Engineer. Post in temporary office space. Revise at intervals matching payment requests, and redistribute and repost. Provide copies required with payment requests. 17. MAINTENANCE OF SCHEDULE. The Contractor's Progress Schedule must be updated on a monthly basis, and a copy thereof submitted with each of the Contractor's Applications for Payment. The updated Progress Schedule shall not only indicate revisions to the Schedule for upcoming work but show "as-built" schedule progress data. The Engineer will not recommend for payment, by the Owner, an Application for Payment without the Contractor's submission of a Monthly Schedule Update. SPECIAL PROVISIONS IV-8 3487 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual A. If the Contractor's Monthly Schedule Update reflects, or the Engineer determines, that the Contractor is at least ten percent (10%) behind the original Progress Schedule or fourteen (14) or more calendar days behind the original Progress Schedule for: 1) the work as a whole; 2) a major Contract item; 3) an item of work which is on the critical path; or 4) an item of work not on the original critical path that, because of the delay or anticipated delay became a critical path item; then the Contractor must submit with the Monthly Schedule Update his proposed plan for bringing the work back on schedule and completing the Work within the Contract time. B. The Progress Schedule shall be coordinated by the Owner's Project Administrator with the overall schedule for the Airport Projects. The Contractor is required to revise the Progress Schedule promptly in accordance with the conditions of the work, subject to approval by the Owner's Project Coordinator and the Engineer. C. The Contractor shall comply fully with all time and other requirements of the Contract Documents. Recommendation of an Application of Payment of the Engineer and payment thereon by the Owner, without the submission of a Monthly Schedule Update, shall not constitute a waiver of the requirements of such updates, nor shall it relieve the Contractor from the obligation to complete the Work within the Contract Time. D. Should a review of work indicate a critical path (milestone) item has fallen behind the approved schedule; at the option of the Engineer; funds equal to the established liquidated damages for the number of calendar days behind schedule will be withheld until that critical path item is brought back on schedule. 18. CHANGES IN THE SCHEDULE. A. Minor Changes: Each week, prior to the weekly coordination meeting, during the time of the contract, the Contractor shall notify the Engineer of any minor changes that are anticipated in the schedule for the following week. B. Major Changes: If for any reason, a major change in the approved SPECIAL PROVISIONS IV-9 3488 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual schedule is anticipated, the Contractor shall make the necessary changes to the schedule and resubmit the revised schedule for approval. Copies of the approved schedule shall be posted in the Contractor's field office with completed work identified in colored pencil. 19. MAINTENANCE OF TRAFFIC. A. The Contractor shall not obstruct nor create a hazard to any traffic during the prosecution of the work and shall be responsible for repair of all damage to existing pavement or facilities caused by his operations. B. Beginning date of Contractor's Responsibility: the Contractor's responsibility for maintenance of traffic shall begin on the day he starts the work and continue until Final Completion and Acceptance of the Project. C. Sections Not Requiring Traffic Maintenance: the Contractor will not be required to maintain traffic over those portions of the Project where no work is to be accomplished or where construction operations will not affect aircraft operations. The Contractor, however, shall not obstruct nor create a hazard to any traffic during the prosecution of the work and shall be responsible for repair of any damage to existing pavement or facilities caused by his operations. D. Traffic During Construction: All construction vehicles are required to use existing traffic routes. Normal traffic lanes are not to be used as staging areas for arriving delivery vehicles. The Contractor's employees shall utilize the designated Contractor employee parking area. E. Contractor Signing: The Contractor may furnish and install construction traffic directional signs along the existing traffic route. The signs shall depict Contractor's logo or name, directional arrows and "deliveries". Signs shall be of sufficient size to have 8" high message and shall be located at each decision point. All signs and their locations shall be approved by the Engineer and Owner. NO OTHER SIGNS ARE PERMITTED. F. Material Deliveries: The Contractor shall make his own material and equipment deliveries. No deliveries shall be made by vendors or suppliers without escort by a representative of the Contractor. G. Notification: On days when construction traffic is expected to be extra heavy or when oversized pieces of equipment are to be delivered, give minimum forty-eight (48) hours notice to the Engineer. H. All Contractor's material orders for delivery to the work site will use as a delivery address, the street name and number assigned to the SPECIAL PROVISIONS IV-10 3489 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual access point onto the airport. The name KEY WEST INTERNATIONAL AIRPORT shall not be used in the delivery address at any time. This will preclude delivery trucks from entering into aircraft operations areas inadvertently. All Contractor material orders for the work site shall be delivered to the areas designated as the Contractor's receiving area. All deliveries shall be made only during the Contractor's working hours. I. Interference Request: 1) The Contractor shall be responsible for notifying the Owner in writing and securing approval for any and all interruptions or interference with traffic (pedestrian, automobile, or other necessary function of the Airport or any of the Airlines). 2) The request shall include a traffic control plan indicating barricades, lighting and flagmen where required. 3) Such notification shall be made as soon as possible but in no case less than 48 hours prior to interference. 4) It is suggested that the Contractor utilize a standard form addressed to the Owner with a blank space for a description of the interference, the exact area affected, the exact times and dates the interference will take place and blanks for the Owner's approval. The forms shall be submitted in duplicate. No interference will be allowed until the Contractor has received back a copy of the approved interference request form. J. Personnel Traffic: 1) General: All construction personnel shall be restricted to construction areas. They shall wear shirts with sleeves and long pants at all times. 2) Use of Public Areas: The Contractor's workmen shall not utilize public areas for taking their "work breaks" or "Iunchbreaks". Areas for this purpose can be designated by the Owner upon request. No Public Toilets shall be used by any workmen at any time. 20. DAILY CLEAN-UP AND TRASH REMOVAL. A. Debris from this work shall be promptly removed from the site at least daily. It shall not be allowed to become a hazard to the safety of the public. B. The Contractor shall be responsible for clean-up and trash removal. Accumulation of trash and debris will not be allowed and the RPR may SPECIAL PROVISIONS IV-11 3490 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual at any time direct the Contractor to immediately remove his trash and debris from the site of the work when in the opinion of the Owner such trash constitutes a nuisance or in any way hinders the work or the Airports operations. If the Contractor should fail to remove his trash and debris from the site of the work in a timely manner, the Owner may have this work performed and deduct the cost of such from Contractor's payment. 21. CLEANING AND PROTECTION. A. General: During handling and installation of work at the project site, clean and protect work in progress and adjoining work on the basis of continuous daily maintenance. Apply protective covering on installed work to ensure freedom from damage or deterioration. B. Clean and perform maintenance on installed work as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. C. Limiting Exposure of Work: To the extent possible through appropriate control and protection methods, supervise performance of the work in such a manner and by such means which will ensure that none of the work, whether completed or in progress, will be subjected to harmful, dangerous, damaging or otherwise deleterious exposure during the construction period. Such exposures include, where applicable, but not by way of limitation the following: 1) Excessive static or dynamic loading 2) Excessive internal or external pressures 3) Solvents 4) Chemicals 5) Light 6) Puncture 7) Abrasion 8) Heavy Traffic 9) Soiling 10) Combustion 11) Improper shipping or handling 12) Theft 13) Vandalism D. Protection at Openings: Contractor shall provide protection at all openings in SPECIAL PROVISIONS IV-12 3491 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual structures and finishes to maintain the building weather and dust tight. All protection shall be of solid material and substantial so that it will not be disturbed by wind and weather normal to the area and season, and also tight fitting to prevent noise infiltration. E. Protection of Improvements: 1) Damage to Existing Facilities: Existing surfaces and materials of the Owner's property not requiring work by the Contract Documents that is damaged by the Contractor's operations shall be immediately repaired. Repaired surfaces and materials shall match existing adjacent undamaged surfaces and materials. Repair work shall be coordinated with the Engineer and Owner with regard to time and method. 2) Accidental Demolition: All structures or parts thereof that may become damaged due to accident or Contractor's error shall be restored to their original condition at no cost to the Owner. Materials and equipment being used in the repair or replacement resulting from damage shall be new and shall perform at the manufacturer's published capacities. If the existing equipment or materials cannot be identified, or if unavailable, the selection of the replacement will be subject to approval by the Engineer in writing. F. Overhead Protection 1) No cranes or other construction equipment shall cross over non- construction personnel, their travel ways or ride systems. 2) The plan of operation of cranes and other hoisting equipment shall be established in writing by the Contractor. This plan of operation shall be subject to approval by the Engineer. 22. CONSERVATION AND SALVAGE A. General: It is a requirement for supervision and administration of the Work that construction operations be carried out with the maximum possible consideration given to conservation of energy, water and materials. In addition, maximum consideration shall be given to salvaging materials and equipment involved in performance of the work but not incorporated therein. Refer to other sections for required disposition of salvaged materials which are the Owner's property. 23. TESTING COST BORNE BY OWNER. Unless otherwise specified herein, all initial construction "acceptance" testing costs shall be borne by the Owner. An independent testing laboratory selected and responsible to the Engineer shall perform all "acceptance" testing required by the technical specifications or as directed by the Owner and/or the Engineer. SPECIAL PROVISIONS IV-13 3492 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 24. TESTING COST BORNE BY CONTRACTOR. The Contractor shall bear the cost of testing under the following conditions: A. If substitute materials or equipment are proposed by the Contractor, he shall pay the cost of all tests which may be necessary to satisfy the Engineer that specification requirements are satisfied. The Contractor shall pay for the Engineer's time spent in review and administrating such proposed substitution. B. If materials or workmanship are used which fail to meet specification requirements, the Contractor shall pay the cost of all testing deemed necessary by the Engineer to determine the safety or suitability of the material or element. C. The Contractor shall pay for all testing costs including, but not limited to, power, fuel, and equipment cost which may be required for complete testing of all equipment and systems for proper operation. D. The Contractor shall pay for all testing required for materials, job mix designs, equipment, structures and related items included in all shop drawings and other submittals as required by the Technical Specifications to be submitted and approved by the Engineer prior to construction. 25. PROJECT DOCUMENTATION. A. Project Drawings: The successful Contractor will be furnished, at no charge, four (4) copies of drawings and specifications. Additional copies may be purchased at actual cost of reproduction. A field set of drawings and specifications shall remain on thejob site at all times and shall be available at all times to the Engineer. The field set shall be continuously updated to reflect the "as-built" condition of all work included in this Contract. The Contractor shall immediately include plainly and conspicuously on the field set of drawings, and at appropriate paragraphs in the specifications, all changes or corrections made by addenda and change orders as they are issued. Approved copies of all shop drawings and other submittals are to be kept on the job site at all times and shall be available at all times to the Engineer. Changes and deviations from the existing conditions shall be submitted in writing for approval by the Engineer or Owner prior to installation. In no case shall any unspecified equipment or materials be installed without prior approval by the Engineer. SPECIAL PROVISIONS IV-14 3493 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual B. Record Documents: 1) Definition: Record copies are defined to include those documents or copies relating directly to performance of the work, which the Contractor is required to prepare or maintain for the Owner's records, recording the work as actually performed. In particular, record copies show changes in the work in relation to the way in which shown and specified by the original contract documents; and show additional information of value to the Owner's records, but not indicated by the original Contract Documents. Record copies include newly-prepared drawings (if any are specified), marked-up copies of contract drawings, shop drawings, specifications, addenda and change orders, marked-up product data submittals, record samples, field records for variable and concealed conditions such as excavations and foundations, and miscellaneous record information on work which is otherwise recorded only schematically or not at all. 2) Record Drawings: The Contractor shall maintain a set of Record Drawings at the job site. These shall be kept legible and current and shall be available for inspection at all times by the Engineer. Show all changes or work added on these Record Drawings in a contrasting color. a) Mark-up Procedure: During progress of the work, maintain a white-print set (blue-line or black-line) of contract drawings and shop drawings, with mark-up of actual installations which vary substantially from the work as originally shown. Mark whatever drawing is most capable of showing actual physical condition, fully and accurately. Where shop drawings are marked up, mark cross-reference on contract drawings at corresponding location. Mark with erasable colored pencil, using separate colors where feasible to distinguish between changes for different categories of work at the same general location. Mark-up important additional information which was either shown schematically or omitted from original drawings. Give particular attention to 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 SPECIAL PROVISIONS IV-15 3494 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual certification of substantial completion on the last major portion of the work, review the completed mark-up of record drawings and shop drawings with the Engineer. The Engineer will then proceed with preparation of a full set of corrected contract drawings. The Engineer will date each updated drawing and label each sheet "PROJECT RECORD" in 1-1/2 inch high letters. Printing as required herein is the responsibility of the Engineer. 3) Copies, Distribution: Upon completion of record drawings, the Engineer shall prepare blue-line or black-line prints of each drawing, regardless of whether changes and additional information were recorded thereon. The Engineer shall then organize into manageable sets, bind with durable paper cover sheets, and print suitable titles and dates. The markup set of prints maintained during the construction period shall be bound in the same manner. The Engineer will retain one copy set. At the completion of the project, the Engineer shall submit one set of prints, with changes noted thereon, to the Owner. Record Drawings shall contain the names, addresses and phone numbers of the General Contractor and the major sub- contractors. 4) The Engineer shall be the sole judge of the acceptability of the Record Drawings. Receipt and acceptance of the As-Built drawings is a pre-requisite for Final Payment. 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 on work where it is concealed or cannot otherwise be readily discerned at a later date by direct observation. Note related record drawing information and product data where applicable. Upon completion of the mark-up, submit to the Engineer for the Owner's records. Label the front cover"PROJECT RECORD" in 1-1/2 inch high letters. 2) Where the manual is printed on one side of the page only, mark variations on blank left-hand pages of the Project Manual, facing printed right-hand pages containing original text affected by variation. D. Record Product Data During progress of the work, maintain one copy of each product data submittal, and mark-up significant variations in the actual work in comparison with submitted information. Include both variations in product as SPECIAL PROVISIONS IV-16 3495 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual delivered to site, and variations from manufacturer's instructions and recommendations for installation. Give particular attention to concealed products and portions of the work which cannot otherwise be readily discerned at a later date by direct observation. Note related change orders and mark-up of record drawings and specifications. Upon completion of the mark-up, submit the complete set of product data submittals to Engineer for the Owner's records. Label each data submittal "PROJECT RECORD" in 1-1/2 inch high letters. E. Record Sample Submittal Immediately prior to the date(s) of substantial completion, the Engineer and Owner's personnel will meet with the Contractor on site, and will determine if any of the submitted samples maintained by the Contractor during progress of the work are to be transmitted to the Owner for record purposes. Comply with the Engineer's instructions for packaging, identification marking, and delivery to the Owner's sample storage space. Dispose of other samples in the manner specified for disposal of surplus and waste materials, unless otherwise indicated by the Engineer. F. Miscellaneous Record Submittals Refer to other sections of these specifications for requirements of miscellaneous record-keeping and submittals in connection with actual performance of the work. Immediately prior to the date(s) of substantial completion, complete miscellaneous records and place in good order, properly identified and bound or filed, ready for continued use and reference. Submit to the Engineer for the Owner's records. Categories of requirements resulting in miscellaneous work records are recognized to include, but are not limited to, the following: 1) Required field records on excavations, foundations underground construction, wells and similar work. 2) Surveys by a Registered Land Surveyor establishing lines and elevations of finished construction. 3) Inspection and Test Reports: Where not processed as shop drawings or product data. 4) Asphalt or PCC pavement or backfill mix design record and/or certifications. 5) Concrete mix certifications. 6) Manufacturer's certifications that all fence component materials conform to specified ASTM specifications. Certifications shall be accompanied by reports containing the test results for which the certifications are SPECIAL PROVISIONS IV-17 3496 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual made. G. Project Close-out Project close-out is hereby defined to include general requirements near end of Contract Time, in preparation for final acceptance, final payment, normal termination of contract, occupancy by the Owner and similar actions evidencing completion of the work. Specific requirements for individual units of work are specified in other sections. Time of close-out is directly related to substantial completion, and therefore may be a single time period for the entire work or a series of time periods for individual parts of the work which have been certified as substantially complete at different dates. The time variation, if any, shall be applicable to other provisions of this section. H. Prerequisites to Substantial Completion 1) Prior to requesting the Engineer's inspection for certification of substantial completion, for either the entire work or portions thereof, complete the following and list known exceptions in request: a) In progress payment request coincident with, or first following the date claimed, show 100% completion for the portion of work claimed as "substantially completed", or list incomplete items, value of incompleteness, and reasons for being incomplete. b) Include supporting documentation for completion as indicated in the Contract Documents. c) Submit statement showing accounting of changes to the Contract Sum. d) Advise the Owner of pending insurance change-over requirements. e) Obtain and submit releases enabling the Owner's full and unrestricted use of the work and access to services and utilities, including, where required, occupancy permits, operating certificates, and similar releases. f) Deliver tools, spare parts, extra stocks of materials, removed light fixtures, transformers and similar physical items to the Owner. g) Make final change-over of locks and transmit keys to the Owner, and advise Owner's personnel of change-over in security provisions. SPECIAL PROVISIONS IV-18 3497 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual h) Complete start-up testing of systems, and instructions of Owner's operating-maintenance personnel. Discontinue, or change over and remove from project site, temporary facilities and services, along with construction tools and facilities, mock-ups, barricades and similar elements. 2) Inspection Procedures: Upon receipt of the Contractor's request, the Engineer will proceed with inspection or advise the Contractor of prerequisites not fulfilled. Following initial inspection, the Engineer will prepare a Certificate of Substantial Completion or advise the Contractor of work which must be performed prior to issuance of the Certificate and will perform a repeat inspection when requested and assured by the Contractor that the work has been substantially completed. Results of the completed inspection will form an initial "punchlist" for final acceptance. I. Prerequisites to Final Acceptance 1) Prior to requesting the Engineer's final inspection for certification of final acceptance as required by the General Provisions, the Contractor shall complete the following and list known exceptions in the request: a. Submit certified copy of the Engineer's final punchlist of itemized work to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance, endorsed and dated by the Engineer. b. Complete final cleaning up requirements, including touch-up of marred surfaces. C. Touch-up and otherwise repair and restore marred exposed finishes. 2) Re-inspection Procedures: Following Substantial Completion, the Contractor shall correct or remedy all Punchlist items to the satisfaction of the Engineer and Owner within a two (2)week period after the Date of Substantial Completion. If subsequent inspections are necessary after the two week period in order to eliminate all deficiencies, the cost of all subsequent inspections with respect to the Owner and Engineer's time shall be paid by the Contractor. When ready, the Contractor shall request in writing a final inspection of the work. Upon completion of re-inspection, the Engineer will prepare a Certificate of Final Acceptance or advise the Contractor of work not completed or obligations not fulfilled as required for Final Acceptance. If necessary, the procedures will be repeated. J. Prerequisites to Final Payment SPECIAL PROVISIONS IV-19 3498 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 1) Final Payment: Final Payment will be made after final acceptance of the project by the Engineer and Owner upon request by the Contractor on condition that the Contractor: a) Furnish properly executed complete releases of lien from all material men and subcontractors who have furnished materials or labor for the Work and submit supporting documentation not previously submitted and accepted. Include certificates of insurance for products and completed operations where required. b) Furnish the Contractor's Affidavit of Release of Liens (2 copies) that all material men and subcontractors have been paid in full. In the event they have not been paid in full, the Owner shall retain a sufficient sum to pay them in full and at his option may make direct payment as provided in Chapter 713, Florida Statutes, as amended, to obtain complete releases of lien. This authorization to make a direct payment is not an acknowledgement or waiver by the Owner that an unpaid Subcontractor Material man may seek payment from the Owner rather than from the Public Construction Bond Surety as required by Sect. 255.05, F.S. c) Furnish Contractor's Affidavit of Debts and Claims (2 copies). d) Furnish required sets of record drawings and maintenance and operating instructions of new mechanical equipment. e) Furnish guarantees signed by subcontractors, material suppliers, and countersigned by the Contractor for operating equipment. f) Submit specific warranties, workmanship-maintenance bonds, maintenance agreements, final certifications and similar documents. g) Furnish a signed guarantee, in form acceptable to Engineer and Owner agreeing to repair or replace as decided by the Engineer, all work and materials that prove defective within one (1) year (or more) from the date of final acceptance, including restoration of all other work damaged in making such repairs or replacements. h) Furnish consent of Surety to final payment. i) Submit updated final statement, accounting for final changes to Contract Sum. SPECIAL PROVISIONS IV-20 3499 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual j) Submit evidence of final, continuing insurance coverage complying with insurance requirements. k) Certify that all Social Security, Unemployment and all other taxes (City, State, Federal Government) have been paid. I) Provide receipt, as applicable, of affidavits certifying all labor standards of local, State, or Federal requirements have been complied with by the Contractor. K. Record Document Submittals Specific requirements for record documents are shown in the section, PROJECT RECORD DOCUMENTS. Other requirements are indicated in the General Provisions. General submittal requirements are indicated in "Submittals" sections. Do not use record documents for construction purposes; protect from deterioration and loss in a secure, fire-resistive location; provide access to record documents for the Engineer's reference during normal working hours. 1 ) Record Drawings: The Engineer shall organize record drawing sheets into manageable sets, bind with durable paper cover sheets, and print suitable titles, dates and other identification on cover of each set. 2) Record Specifications: Upon completion of mark-up, submit to the Engineer for the Owner's records. 3) Record Product Data: Upon completion of mark-up, submit a complete set to the Engineer for the Owner's records. 4) Record Sample Submittal: Comply with the Engineer's instructions for packaging, identification, marking, and delivery to the Owner's sample storage space. 5) Miscellaneous Record Submittals: Complete miscellaneous records and place in good order, properly identified and bound or filed, ready for continued use and reference. Submit to the Engineer for the Owner's records. 6) Maintenance Manuals: Complete, place in order, properly identify and submit to the Engineer for the Owner's records. L. Close-out Procedures General Operating and Maintenance Instructions: Arrange for each installer of work requiring continuing maintenance or operation, to meet with the Owner's personnel at the project site to provide basic instructions needed for proper operation and maintenance of the entire work. Include SPECIAL PROVISIONS IV-21 3500 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual instructions by manufacturer's representatives where installers are not expert in the required procedures. Review maintenance manuals, record documentation and materials, lubricants, fuel, identification system, control sequences, hazards, cleaning and similar procedures and facilities. For operational equipment, demonstrate start-up, shut-down, emergency operations, safety, economy, efficiency adjustments, and similar operations. Review maintenance and operations in relation with applicable warranties, agreements to maintain bonds, and similar continuing commitments. Permit owner employees to video tape operating and maintenance instructions. 26. FINAL CLEANING. A. Provide final cleaning of the work, at the time indicated, consisting of cleaning each surface or unit of work to normal "clean" condition. B. Removal of Protection: Remove temporary protection devices and facilities which were installed during the course of the work to protect previous completed work during the remainder of the construction period. C. Compliances: Comply with safety standards and governing regulations for cleaning operations. Do not burn waste materials at site, nor bury debris or excess materials on Owner's property. Do not discharge volatile or other harmful or dangerous materials into drainage systems. Remove waste materials from site and dispose of in a lawful manner. Where extra materials of value remain after the completion of the associated work have become the Owner's property, dispose of these as directed by the Owner. SPECIAL PROVISIONS IV-22 3501 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SPECIAL PROVISION NO. 2 NOTICE TO PROCEED , CONSTRUCTION PHASING AND WORK SEQUENCING NOTICE TO PROCEED To avoid the Contractor from being held responsible for delays in obtaining the necessary permits, and having these delays deducted from the total calendar days provided in the contract to complete construction, two (2) Notice to Proceeds will be issued as follows: A. Notice to Proceed Permits /Administrative A Notice to Proceed permit will be issued ten (10) days after award of contract. At this time the Contractor shall accomplish the following activities, but not limited to: 1. Obtain permits as required for construction. 2. Prepare and transmit all shop drawings, submittals and certifications as required by the Contract Documents to the Engineer for review and approval. 3. Place orders for the purchase and delivery of equipment, materials and supplies required to complete the work in accordance with the Contract Documents. 4. Prepare his staging area and establish haul routes. 5. Mobilize equipment, materials and supplies in Contractor's staging area. No men, equipment, materials or supplies will be allowed outside the staging area during this time unless otherwise authorized by the Engineer. No onsite construction activities shall be accomplished, and the airport shall remain open to aircraft operations during this time. It is anticipated that the Notice To Proceed Permits will be issued in August 2023. B. Notice to Proceed Construction Only after the Contractor has obtained all the necessary permits, will the Notice to Proceed Construction be issued, which shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall submit a construction progress schedule to the Engineer in accordance with Section 16 of Special Provision No. 1. The SPECIAL PROVISIONS IV-23 3502 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual progress schedule shall indicate the phasing and work sequencing anticipated to be accomplished by the Contractor. No actual work shall begin until the construction progress schedule has been approved by the Engineer. It is anticipated that Notice to Proceed Construction will be issued in September 2023. At this time the Contractor shall develop all the construction activities necessary to complete the work in accordance with the contract documents. Sixty (60) calendar days will be allowed to complete the work in its entirety. Construction work under this project will be accomplished during the day- time unless otherwise shown on the plans. The construction work included in this project has to be done as shown on the plans. CONSTRUCTION PHASING AND WORK SEQUENCING Upon completion of the work, and before final payment, the contractor shall remove all equipment, surplus and discarded materials, rubbish, and shall submit an as-built information signed and sealed by a professional land surveyor. SPECIAL PROVISIONS IV-24 3503 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 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. 30 Calendar NOTICE TO PROCEED Also, during this time,the Contractor Days PERMITS/ shall order and deliver materials, ADMINISTRATIVE equipment and supplies needed to complete the work. No on-site construction activities shall be accomplished, and the Airport shall remain open to aircraft operations during the stage. NOTICE TO PROCEED CONSTRUCTION PHASE 1 — MILL AND Phase 1 consists of the repair of the OVERLAY RUNWAY eastern portion of Runway 9-27 (approx Maximum 15 PAVEMENT 725' x 100' area) as well as a portion of Calendar Taxiway A4. Days Phase 2 consists of the asphalt pavement Maximum 30 PHASE 2— curing prior to the final pavement marking Calendar PAVEMENT CURING Days and grooving. PHASE 3 — Phase 3 consists of final pavement Maximum 15 GROOVING AND marking and grooving. Calendar PAVEMENT MARKING I Days SPECIAL PROVISIONS IV-25 3504 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual LIQUIDATED DAMAGES If the work is not completed in accordance with the Contract, the Contractor will be assessed liquidated damages listed below for each calendar day the work overruns the allotted contract time. NOTICE TO PROCEED & MILESTONES LIQUIDATED DAMAGES Notice to Proceed Permits / (no on-site construction) activity is being accomplished Administrative during this time. Notice to Proceed Construction If the Contractor fails to achieve substantial completion within the 60 calendar days fixed from when the Notice to Proceed Construction is received, the Contractor shall pay the owner the sum of$5,000.00 per day, thereafter for each and every calendar day of unexcused delay in achieving substantial completion beyond the date set forth herein for completion of this work. Failure to Timely Complete Phase 1 If the Contractor fails to achieve completion of Phase 1 within the 15 calendar days fixed, the Contractor shall pay the owner the sum of 5 000.00 per day, thereafter for each and every calendar day of unexcused delay in achieving completion and RPR acceptance beyond the duration set forth herein for final completion of Phase 1. Failure to Timely Complete Phase 3 If the Contractor fails to achieve completion of Phase 3 within the 15 calendar days fixed, the Contractor shall pay the owner the sum of 5 000.00 per day, thereafter for each and every calendar day of unexcused delay in achieving completion and RPR acceptance beyond the duration set forth herein for final completion of Phase 3. Failure to Re-Open Runway 9-27 under $100.00 per minute beyond 6:00 AM for the first 15 Phase 1 and Phase 3, as outlined in minutes and $2,000.00 per 15 minutes beyond the first Phasing Plan. 15 minutes that work area re-opening time isn't met SPECIAL PROVISIONS IV-26 3505 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SPECIAL PROVISION NO. 4 PROTECTION OF AIRPORT CABLES, CONTROLS, NAVAIDS AND WEATHER BUREAU FACILITIES A. The Contractor is hereby informed that there may be installed on the Airport FAA NAVAI IDS including, without limitation, airfield lighting systems, electric cables and controls relating to such NAVAIDS and facilities. Such NAVAIDS and other facilities and electric cables must be fully protected during the entire construction time. Work under this contract can be accomplished in the vicinity of these facilities and cables only at approved periods of time. Approval is subject to withdrawal at any time because of change in the weather, emergency conditions on the existing airfield areas, anticipation of emergency conditions, and for any other reason determined by the Resident Project Representative (RPR) acting under the orders and instructions of the airport management and the designated FAA representative. Any instructions to this contractor to clear any given area at any time by the RPR or the Airport Management shall be immediately executed. Construction work will be commenced in the cleared area only when additional instructions are issued by the Engineer. B. Power and control cables leading to and from any FAA NAVAIDS and other facilities have been located and shown from best available information and are approximate. The Contractor shall verify actual locations. Through the entire time of this construction, the Contractor shall not allow any construction equipment to cross power and control cables leading to and from any FAA NAVAIDS or other facilities without first protecting the cable with steel boiler plate, or similar structural devices, on three (3') feet either side of the marked cable route. All excavation within three (3') feet of existing cables shall be accomplished by hand digging only. C. This Special Provision intends to make perfectly clear the need for protection of FAA NAVAIDS and other facilities and cables by this contractor at all times. D. The Contractor shall immediately repair, at his own expense, with identical material by skilled workmen, any underground cables serving FAA NAVAIDS and other airport facilities, which are damaged by his workmen, equipment, or work. Prior approval of the FAA must be obtained for the materials, workmen, time of day or night, method of repairs, and for any temporary or permanent repairs the Contractor proposes to make to any FAA NAVAIDS and facilities damaged by the Contractor. Prior approval of the Engineer must be obtained for the materials, workmen, time of day or night, and for the method of repairs for any temporary or permanent repairs the Contractor proposes to make to any other airport facilities and cables damaged by this Contractor. If any repair requires splicing, it shall be spliced at the direction of the Engineer. No work shall be backfilled or covered prior to approval by the Engineer. E. The Contractor shall have a sufficient supply of extra cable, connectors, splice kits and light fixtures on site to temporarily jump around damaged or cut cables and fixtures if necessary to make the existing runway/taxiway/NAVAIDS systems operational during scheduled aircraft operation periods. SPECIAL PROVISIONS IV-27 3506 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-28 3507 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SPECIAL PROVISION NO. 5 RESIDENT PROJECT REPRESENTATIVE 1. ON-SITE OBSERVATION. The Resident Project Observation for this contract shall be performed by the Engineer or his duly authorized representative. 2. DUTIES OF RESIDENT PROJECT REPRESENTATIVE. The RPRs Inspector's duties and responsibilities are to: a. Monitor performance of the Contractor; require correction of work that does not meet plans and specifications; and report serious problems to the Engineer and Owner. b. Determine test sites/locations, coordinate and supervise testing. 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 Engineer for advice and assistance when needed and when major problems arise. k. Recommend to the Engineer when a Change Order or Supplemental Agreement is required. SPECIAL PROVISIONS IV-29 3508 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-30 3509 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SPECIAL PROVISION NO. 6 SAFETY AND SECURITY REQUIREMENTS 1. SAFETY REQUIREMENTS A. Construction Sequencing. All construction being accomplished under this contract shall be in accordance with the sequencing indicated on the drawings. B. Radio Communications. When working in an Air Operations Area (AOA), whether closed or not, the Contractor shall maintain communications by two- way radio with the Airport Radio Frequency during all hours of Radio Frequency operations. The Contractor's radios shall be capable of operating on the ground control frequency assigned to the Radio Frequency. The radio operator shall be trained on the use of the radio, including the terminology normally used on airports for ground control communications. If the Contractor is operating in more than one general area on the airport at the same time, additional radios shall be provided to allow coordination of work activities with the Airport Frequency. In addition to the above requirements for radios for use by Contractor's personnel, the Contractor shall provide a similar two-way radio for exclusive use by the Resident Inspector during normal working hours throughout the contract time period. C. Construction Activity and Aircraft Movements. During the time that the Contractor is performing some work, the Airport will remain in use by aircraft except as provided herein. To the extent feasible and convenient, in the opinion of the Engineer, the use by aircraft of runways and taxiways adjacent to areas where the Contractor is working will be so scheduled as to reduce disturbance to the Contractor's operations. Aircraft operations, unless otherwise specified in the contract specifications, shall always have priority over any and all of the Contractor's operations and the Contractor shall not allow his employees, sub-contractors, material men or any other persons over whom he has control, to enter or remain upon or allow any plant or materials to be brought or remain upon any part of the airport which, in the opinion of the Engineer, would be a hazardous location. Should aprons, runways or taxiways be required for use of aircraft and should the Engineer or Resident Inspector deem the Contractor to be too close to the portion used by aircraft for safety, he may in his sole discretion order the Contractor to suspend his operations, remove his personnel, plant, equipment and materials to a safe distance and stand by until the runway and taxiways are no longer required for use by aircraft. SPECIAL PROVISIONS IV-31 3510 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual D. Limitations of Construction 1) All Contractor vehicles that are authorized to operate on the Airport outside of the designated construction area limits or haul routes as specified on the plans and in the active Aircraft Operations Area (AOA) shall display in full view (3600) above the vehicle a 3' x 3' or larger orange and white checkerboard flag, each checkerboard color being 1' square. Any vehicle operating in the active AOA during the hours of darkness shall be equipped with a flashing amber (yellow) dome-type light mounted on top of the vehicle display in full view (3600) and of such intensity to conform to local codes for maintenance and emergency vehicles. 2) All Contractor vehicles that are required to cross active runways, taxiways and approach clear zones shall do so under direct control of a flagman. The flagman shall be trained and instructed by Airport Operations in the regulations governing operations on the AOA and the Airport. The flagman shall remain with his vehicle at all times. All aircraft traffic on runways, taxiways and aprons shall have priority over Contractor's traffic. In the event that flagman is not available, the Contractor must provide his authorized personnel with radios operating on the local ground control frequency of 121.9 for clearance when crossing active runways or taxiways. 3) No runway, taxiway apron or aircraft roadway shall be closed without written approval of the Airport Manager to enable necessary Notices to Airman (NOTAM) or advisories to airport service or tenants. A minimum of 48 hours notice of requested closing shall be directed to the Engineer who will coordinate the request with the Airport Manager. 4) Any construction activity within 200' of an active runway centerline or 85.5' from an active taxiway centerline or open excavations in excess of three inches (Y) deep within the above areas will require closure of the affected runway or taxiway unless otherwise approved by the Airport Manager. Closure requires the same provisions as Paragraph 3) above. 5) Open flames, welding or torch-cutting operations are prohibited unless adequate fire and safety precautions have been taken and the procedure approved by the Airport Manager. 6) Stockpiled material shall be constrained in a manner to prevent movement resulting from aircraft blast or wind conditions in excess of 10 knots. SPECIAL PROVISIONS IV-32 3511 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 7) Open trenches, excavation and stockpiled material located in the AOA shall be prominently marked with flags and lighted by approved light units during hours of visibility and darkness. 8) Contractor to provide barricades across pavement to isolate construction activities from aircraft operating areas at locations as determined by the Resident Inspector. Barricades to be orange and white striped , low-profile type barricades with battery operated red flashing lights or approved equal. Each barricade shall have a minimum of two flashing lights with the intensity of the lights being of such brightness so as to be readily identified during darkness periods. Barricades to be spaced continuously. Barricades are to be sandbagged as necessary to prevent from being blown over. Barricades shall be removed at individual locations as paving in the area is completed. Cost of barricades shall be incidental and included in the mobilization cost. 9) During runway closures, the Contractor shall use the runway closure markers (lighted X) provided by the Airport on each runway end (over runway numerals) in accordance with the special provisions of these specifications unless otherwise approved by the Engineer. 10) The Contractor shall keep all active airfield pavement clear of all debris, stones and other materials during construction. All active pavement shall be cleaned and inspected by the Contractor's superintendent prior to release of work crews after each shift of work. 11 All construction barricades shall be inspected by the Contractor's superintendent prior to release of work crews after each work shift to ensure barricades are properly placed and lighted for non-work hours. 12) Equipment, materials, open trenches, excavation and stockpiled material will not be allowed within 250' of centerline of active runways or within 85.5' of active taxiways after work operations are ceased each work shift. Coverings for open trenches must be of such strength as to support the weight of a 60,000 pound gross weight aircraft on an FAA dual-gear type undercarriage. 13) All existing facilities, equipment (runway/taxiway lights, visual aids, NAVAIDS, etc.) and underground utilities shall be carefully protected by the Contractor. Any damage to these items cause the Contractor or Sub-Contractors shall be immediately repaired and restored to a condition similar or equal to the original condition. SPECIAL PROVISIONS IV-33 3512 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual E. Payment. No separate payment shall be made for the safety requirements stated above. All costs necessary to provide these items or services shall be included in other bid items quoted in the Bid Proposal. 2. SECURITY REQUIREMENTS - CONTRACTOR A. General Intent. The Contractor shall comply with all security requirements specified herein. The Contractor shall designate in writing the name of his Contractor Security Officer (CSO). The CSO shall represent the Contractor on the security requirements of the contract. B. Construction Security Committee. The committee shall be established by the Manager or Director concurrent with the life of this contract to monitor, coordinate and adopt new security procedures relating to this contract. Meeting shall be scheduled by the Manager or Director. Committee membership shall include the CSO, the Manager or Director and such other personnel as the Manager or Director may designate. C. Contractor Personnel Security Orientation. The CSO shall be responsible for briefing all contractor personnel on these requirements and, from time to time, other security provisions adopted by the Construction Security Committee. All new contractor employees shall be briefed on these requirements prior to working in the construction area. D. Access to the Site. Contractor's access to the site shall be as shown on the plans. No other access points shall be allowed unless approved by the Manager or Director. All contractor traffic authorized to enter the site shall be operated by personnel experienced in the route or guided by contractor personnel. The Contractor shall be responsible for traffic control to and from the various construction areas on airport property. The Contractor shall be responsible for immediate clean-up of any debris deposited along any route resulting from his construction traffic. Directional signing at the access point and along the delivery route to the storage area or work sites shall be as directed by the Resident Project Engineer or Representative. E. Materials Delivery to the Site. All Contractor's material deliveries to the site shall enter the airport only at designated gates and such deliveries shall be escorted to the construction site by experienced contractor personnel. This will preclude delivery trucks from entering into the airport or taking short cuts through the perimeter gates and entering into aircraft operation areas inadvertently. SPECIAL PROVISIONS IV-34 3513 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual F. Identification - Vehicles. The Contractor shall establish and maintain a list of contractor and sub-contractor vehicles authorized to operate on the site. Vehicle permits shall be assigned in a manner to assure positive control of all vehicles at all times. Each vehicle shall display a large company sign on both sides of vehicles. The CSO shall maintain a current list of companies authorized to enter and conduct work on the airport. Employee personal vehicles shall be parked in designated areas. These vehicles shall not enter the airfield at any time. All vehicles and equipment entering the job site shall display the company's logo and/or name. The Contractor shall disconnect backup beepers and prevent banging tailgates during nighttime operations. The Contractor will be required to use flaggers to direct equipment movement in the staging area during nighttime hours. G. Identification — Personnel (As Applicable). The Contractor's on site personnel shall be badged with identification from the Key West International Airport. The contractor's supervisor shall submit to a criminal history fingerprints check from the FBI via the Key West International Airport Security manager. All supervisors shall be required to attend an Airport Orientation seminar presented by the airport operations and security unit. All other non-supervisory personnel of the contractor and subcontractor shall be issued a construction worker security badge supplied by the Key West International Airport, said badges will be issued to the Head Contractor for said project. The head contractor shall maintain a master list of all personnel issued said contractor security badges. The list shall be made available for the airport security unit inspection during all hours of construction on the airport. All personnel shall wear their badges on the outermost portion of their garment above their waist at all times while on the airport property. The contractor shall comply with all instructions issued by the airport security unit. The contractor shall provide the airport with the name and a 24 hour contact number for its security officer. Upon the completion of the FBI check, the contractor is issued full airport access badge for the Key West International Airport (SIDA) and he will act as escort to all other personnel. The definition of escort will be explained during the airport training seminar. H. Manager or Director. The work on the Key West International Airport shall be under the direction of the Airport Manager or his authorized agent(s). I. Construction Area Limits. The limits of construction, material storage areas, equipment storage area, parking area and other areas defined as required for the Contractor's exclusive use during construction shall be marked. The Contractor shall erect and maintain around the perimeter of these areas suitable fencing marking and/or warning devices visible for day/night use. SPECIAL PROVISIONS IV-35 3514 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual J. Contractor shall maintain security at all times during construction. K. Payment. No separate payment for the above security requirements shall be made. All costs necessary to cover these items and services shall be included as part of other bid items quoted in the Bid Proposal. 3. AIRPORT SECURITY REQUIREMENTS A. General. The federal Transportation Security Administration is the federal agency primarily responsible for overseeing the security measures utilized by the airport owner pursuant to the relevant provisions of Chapter 49, United States Code, and regulations adopted under the authority of the Code, including but not limited to 49 CFR 1540, et seq. Violations of the statutes or regulations may result in severe civil monetary penalties being assessed against the airport operator. It is the intent of the airport operator that the burdens and consequences of any security violations imposed upon the airport operator as a result of actions by an airport tenant or the airport tenant's employees, agents, invitees, or licensees shall be borne (by the airport tenant. B. Airport Tenant Defined. An airport tenant means any person, entity, organization, partnership, corporation, or other legal association that has an agreement with the airport operator to conduct business on airport property. The term also includes an airport tenant as defined in 49 CFR 1540.5. Each signatory to this Agreement, other than the airport operator, is an airport tenant. C. Airport Operator Defined. As used in this Agreement, airport operator means Monroe County, Florida, its elected and appointed officers, and its employees. D. Airport Property Defined. Airport property shall mean the property owned or leased by, or being lawfully used by, the airport operator for civil aviation and airport-related purposes. For purposes of this Agreement, airport property is the property generally referred to as the Key West Airport, the Marathon Airport, or both as may be set forth in this Agreement. E. Inspection Authority. The airport tenant agrees to allow Transportation Security Administration (TSA) authorized personnel, at any time or any place, to make inspections or tests, including copying records, to determine compliance of the airport operator or airport tenant with the applicable security requirements of Chapter 49, United States Code, and 49 CFR 1540, et seq. F. Airport Security Program. The airport tenant agrees to become familiar, to the extent permitted by the airport operator, with the Airport Security Program promulgated by the airport operator and approved by TSA, and SPECIAL PROVISIONS IV-36 3515 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual also agrees to conform its' operations and business activities to the requirements of the Airport Security Program. G. Tenant Security Program. If permitted under TSA regulations, the airport tenant may voluntarily undertake to maintain an Airport Tenant Security Program as referred to in 49 CFR 1542.113. If the airport tenant voluntarily promulgates an Airport Tenant Security Program that is approved by TSA, such program, as may be amended and approved from time to time, shall be automatically incorporated into this Agreement. H. Breach of Agreement. Should TSA determine that the airport tenant or one or more of the airport tenant's employees, agents, invitees, or licensees has committed an act or omitted to act as required, and such act or omission is a violation which results in TSA imposing a civil penalty against the airport operator in accordance with TSA's Enforcement Sanction Guidance Policy, such determination and imposition of a civil penalty by TSA shall be considered a significant breach of this Agreement. 1) Minimum Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "minimum violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, mitigating, compromising, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures. If the violation is a third violation, or there are multiple violations in excess of two violations, that is or are a civil penalty "minimum violation", the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees an d costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. 2) Moderate Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "moderate violation"as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to SPECIAL PROVISIONS IV-37 3516 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may cause al I of airport tenant's employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant. If the violation is a third violation, or there are multiple violations in excess of two violations, that is orare a civil penalty ,'moderate violation", the airport tenant shall pay 'to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. 3) Maximum Violation. If the violation is the first violation attributed to the airport tenant and is a civil penalty "maximum violation" as provided for in ITSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines and penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may cause all of airport tenant's employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant. If the violation is a second violation, or there are multiple violations, that is or are a civil penalty "maximum violation" the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any SPECIAL PROVISIONS IV-38 3517 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. 4) Mitigation of Breach. TSA has a policy of forgoing civil penalty actions when the airport operator detects violations, promptly discloses the violations to TSA, and takes prompt corrective action to ensure that the same or similar violations do not recur. This policy is known as the TSA Voluntary Disclosure Program Policy, and is designed to encourage compliance with TSA regulations, foster secure practices, and encourage the development of internal evaluation programs. The airport tenant agrees that upon detecting a violation the airport tenant will immediately report it to the airport operator. Should the TSA ultimately determine that the violation was committed by the airport tenant, or an employee, agent, invitee, or licensee of the airport tenant, but the violation should result in the issuance of a letter of correction in lieu of a civil penalty, then the airport tenant shall reimburse the airport operator the total costs incurred by the airport operator in investigating, defending, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, mitigation, or taking of remedial action measures. A violation resulting in the issuance of a letter of correction shall not be considered to be a breach of this Agreement by the airport tenant. 5) Survival of Sub-Section. This sub-section h shall survive the cancellation or termination of this Agreement, and shall be in full force and effect. I. Hold Harmless; Indemnification; Defense; Release; Survival. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, the airport tenant agrees to hold harmless, indemnify, defend and release the airport operator, and the airport operator's elected and appointed officers and employees, from any claims, actions, causes of action, litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any and all types of injury, including death, loss, damage, fines, penalties, or business interruption of any nature whatsoever, of or to any person or property in connection with the use of the airport property under this SPECIAL PROVISIONS IV-39 3518 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Agreement, regardless of causation and including criminal acts of third parties; and especially including any and all fines, penalties, out of pocket expenses, attorney's fees and costs, and costs of remediation or additional security measures required to be implemented by any governmental agency (including but not limited to the Federal Aviation Administration and the Transportation Security Administration) resulting from a violation of any federal law or federal regulation. This sub- section shall survive the cancellation or termination of this Agreement. SPECIAL PROVISIONS IV-40 3519 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SPECIAL PROVISION NO . 7 LIST OF DRAWINGS The drawings which show the location, character, dimensions and details of the work to be done and which are to be considered as a part of the contract supplementary to the specifications are as follows: RUNWAY 9-27 REPAIRS GENERAL G001 COVER G002 INDEX OF DRAWINGS, SUMMARY OF QUANTITIES, ABBREVIATIONS, AND LEGEND G003 GENERAL, SAFETY, AND PHASING NOTES G100 GENERAL SITE AND SURVEY CONTROL PLAN G200 CONSTRUCTION ACCESS AND PART 77 SURFACES G300 GENERAL SAFETY AND PHASING PLAN G310 SAFETY NOTES AND DETAILS G400 PAVEMENT CORE LOCATION PLAN CIVIL C100 EXISTING CONDITIONS PLAN C200 DEMOLITION PLAN C300 GEOMETRY PLAN C400 TYPICAL SECTIONS C401 TYPICAL SECTIONS C410 PAVING DETAILS C500 GRADING PLAN C510 RUNWAY 9-27 PROFILE C600 CROSS SECTIONS (STA. 41+26 TO STA. 51+00) C601 CROSS SECTIONS (STA. 51+50 TO STA. 54+51) C700 PAVEMENT MARKING PLAN C710 PAVEMENT MARKING DETAILS C800 GROOVING PLAN AND DETAILS SPECIAL PROVISIONS IV-41 3520 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-42 3521 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SPECIAL PROVISION NO. 8 TEMPORARY FACILITIES 1. GENERAL DEFINITIONS A. This section specifies certain minimum temporary facilities to be provided regardless of methods and means selected for performance of the work but not by way of limitation and not assured for compliance with governing regulations. Use of alternate temporary facilities may be permitted subject to the Engineer's and Owner's approval and acceptance. B. Energy Considerations: Administer the use of temporary facilities in a manner which conserves energy but without delaying work or endangering persons or property; comply with reasonable requests by the Engineer and Owner. C. Costs: Except as otherwise indicated, costs associated with temporary facilities are the Contractor's. Temporary facilities remain the property and responsibility of the Contractor. D. Dust Control: Adequate measures shall be taken to prevent the transfer of dust to other areas of the airport complex. E. Noise Control: Where work is being conducted in or adjacent to occupied areas, the Contractor shall make every effort to keep construction noise to a minimum. F. Fire Protection: In addition to temporary water service for construction and the placing of permanent fire protection facilities in operating condition at earliest feasible date, provide fire extinguishers of types and sizes recommended by NFPA or any other governing authority or agency. Provide Type A extinguishers in field offices and for similar exposures, Type ABC in construction areas. Locate extinguishers near each entrance. Prohibit smoking except in marked, non-hazardous areas. Smoking in existing premises is prohibited. G. Environmental Protection: Review exposure to possible environmental problems with the Engineer and Owner. Establish procedures and discipline among tradesmen and provide needed facilities which will protect against environmental problems (pollution of air, water and soil, excessive noise and similar problems). SPECIAL PROVISIONS IV-43 3522 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 2. TEMPORARY PROTECTION Provide facilities and services as necessary to effectively protect project from losses and persons from injury during the course of construction. The existing utilities shall not be modified for use by the Contractor. Do not interrupt existing services serving occupied or used facilities except when authorized in writing by the Owner. Provide temporary services during interruptions to existing utilities as acceptable to the Owner. The Contractor shall furnish electrical and water utilities as required and provide temporary power, telephone and system connections where required by the Owner to continue operation of existing equipment or systems during construction. 3. TEMPORARY STAGING/STORAGE AREAS A. The Contractor may provide a trailer or prototype building field office for his own use. The location of the field office or building must be approved by the Engineer and Owner. All costs for connection to utilities shall be paid for by the Contractor. Water, electric and telephone will be available on site. Equipment not in use during construction, nights and/or holidays shall be parked in areas designated by the Engineer and Owner. Construction workers' private vehicles shall be parked within the areas. B. During construction, the Contractor shall maintain these areas in a neat condition. The Contractor's vehicles, equipment and materials shall be stored in the areas designated by the Engineer. Upon completion of the work, the staging and storage areas shall be cleaned up and returned to their original condition to the satisfaction of the Owner. Remove all construction fencing and barricades from the project site. No special payment will be made for clean-up and restoration of the storage area. Personal vehicles will not be permitted beyond the Contractor's parking area. Drivers of vehicles being operated beyond this area shall be subject to loss of permission to enter the construction site. C. If additional storage areas are needed, the Contractor may request it from the Engineer. The request will be reviewed on the basis of what is to be stored and the area needed. The Contractor shall provide any necessary fencing and/or security. 4. TEMPORARY CONSTRUCTION FACILITIES A. Access to the work area: Contractor shall provide access to the Work Area (Means and Methods) prior to construction. This access shall comply with all governing regulations. Contractor shall obtain a specific permit for this temporary access if it is required by any regulatory agency. The cost of the access with all associated permits are the SPECIAL PROVISIONS IV-44 3523 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Contractor's responsibility. B. De-watering: Maintain construction work free of water accumulation. Do not endanger the work or adjacent properties. C. Miscellaneous Facilities: Provide miscellaneous facilities as needed including ladders, runways, shoring, scaffolding, railing, bracing, barriers, closures, platforms, temporary partitions and similar items. 5. TEMPORARY SUPPORT FACILITIES A. General: Provide facilities and services as may be needed to properly support the primary construction process and meet governing regulations. B. Drinking Water: Provide either pipe-connected potable water fountains or electric cooled bottled water fountains or insulated potable water containers in work areas spaced so that personnel at the site will travel no more than 300 feet. C. Toilets: Furnish adequate temporary sanitary facilities within the Contractor's staging and storage areas located on the drawings for the use of workmen during the entire period of construction. Temporary facilities shall be furnished at a minimum ratio of one toilet for each 25 workmen or as required by local governing code, whichever is greater. The toilets shall be portable, chemical type or water-borne type connected to an approved existing sanitary sewer. Toilets shall be placed or installed in conformity with local governing code requirements and shall be enclosed in a weather-tight, fly-proof building with a self-closing door. The building shall be tied down to prevent overturning by wind. Provide standard, roll-type toilet paper holder and a supply of standard, roll-type toilet tissue. The premises shall be thoroughly disinfected at least twice each week. Provide means for locking the door from the outside and keep locked at all times except during hours that workmen are at the project site. SPECIAL PROVISIONS IV-45 3524 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 6. TEMPORARY UTILITY SERVICES A. The Contractor shall coordinate the requirements for temporary utilities with the Owner and shall install at the Contractor's expense all necessary utilities in a safe, acceptable manner. Should leaks, breaks, etc. occur during installation or use, the Contractor shall immediately notify the appropriate utility personnel and promptly repair the utility so as to keep disruption of service to a minimum. B. The Contractor shall provide temporary wiring if required. All wiring shall meet all safety requirements of the National Electrical Code, Florida Department of Commerce, Bureau of Workers' Compensation or local requirements. In addition, all wire shall be so sized that it is not overloaded according to the National Electrical Code and all wire used shall be fused to adequately protect that wire according to the Code referred to. C. The Contractor shall provide all temporary lines and connections from existing sources of water as required for the work. The Contractor is responsible for proper drainage of water used. D. The Contractor shall furnish all temporary wiring, piping connections and other apparatus that is needed to operate the utilities and shall remove all evidence of same when work is complete. E. The Contractor is responsible for obtaining and paying for all utilities that he requires at the project site. 7. STAGING, STOCKPILE AND SPOIL AREAS The staging area(s) depicted on the plans shall be used to store all idle equipment, supplies and construction materials (other than bulk materials such as aggregate, sand and soil). The Contractor may erect and maintain throughout the life of this contract, at his expense, a six-foot high fence of chain link fabric around the perimeter of each staging area used. He may also install vehicle and pedestrian gates as necessary to provide adequate ingress/egress. Additionally, the perimeter of any staging area which abuts an active operation pavement shall be marked with red flashing barricades no more than 50 feet apart. Upon completion of all work, remove all construction fencing and barricades from the project site. The Contractor's vehicles, equipment and materials shall be stored in the area designated on the plans. Upon completion of the work, the storage area shall be SPECIAL PROVISIONS IV-46 3525 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual cleaned up and returned to its original condition to the satisfaction of the Owner. Personal vehicles will not be permitted beyond the Contractor's parking area. Drivers of vehicles being operated beyond this area shall be subject to loss of permission to enter the construction site. Equipment not in use during construction, nights and/or holidays will be parked in the Contractor's staging area. Exceptions will only be approved by the Engineer when absolutely necessary. Parking of construction workers' private vehicles shall also be within the staging area construction fence. Stockpile areas shall be used to store all bulk materials needed for the project and may or may not be fenced at the Contractor's option. However, yellow flashing barricades shall be installed where potential conflicts with air or ground vehicular traffic might occur. Separate stockpiles shall be created for the project construction. Separate stockpiles shall be created for structural soil and topsoil. Stockpiles shall not penetrate the FAR Part 77 imaginary surfaces. All other waste material, including rubble and debris, shall be removed from the Airport at the Contractor's expense. No stockpile areas to store all bulk materials for the project are provided. All material removed by excavation, such as concrete, asphalt or limerock, trash, rubbish and vegetation shall be transported off the Airport limits when it is taken up. It will not be stockpiled on Airport property. The Contractor shall provide all necessary temporary environmental controls as required by laws, regulations or as directed by the Engineer (including, but not limited to: hay bales, siltation fence, etc.) to protect the environment from erosion of any stockpile areas. The cost for these temporary environmental controls shall be considered incidental to the project. SPECIAL PROVISIONS IV-47 3526 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-48 3527 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SPECIAL PROVISION NO . 9 DEWATERING Dewatering operations and any permits necessary to complete any portion of this project, including but not limited to drainage pipe and structure installation shall be considered incidental to the bid item for which de-watering may be necessary. All water pumped out of construction areas shall be discharged through a portable sediment removal/filtration system (dewatering bag) prior to discharge into a storm sewer inlet. No separate payment will be made for the cost of dewatering. SPECIAL PROVISIONS IV-49 3528 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-50 3529 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SPECIAL PROVISION NO . 10 PRECEDENCE OF DOCUMENTS 1 . GENERAL. The Bid Documents, Contract, Special Provisions, General Provisions, Specifications, Plans and all referenced Standards cited in these documents are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary to describe and provide for a complete work. 2. ORDER OF PRECEDENCE. In case of conflicts within the above-mentioned documents, the order of precedence shall be as follows: A. Bid Documents (Division ()(including any and all Addenda) B. Contract (Division II) C. Special Provisions (Division IV) D. Technical Specifications (Division V) E. General Provisions (Division III) F. Plans (large scale detail drawings over smaller scale general drawings) SPECIAL PROVISIONS IV-51 3530 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-52 3531 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SPECIAL PROVISION NO . 11 FINAL PAY REQUESTS AND RELATED FORMS In addition to the requirements for payments (Partial and Final) stipulated in General Provisions (Division III) Section 90 MEASUREMENT AND PAYMENT and in Special Provision No. 1 PROJECT GENERAL REQUIREMENTS Section 25 (Division IV). All pay requests shall be prepared by the Contractor within the time frames stipulated in the County Procedures unless otherwise approved by the Engineer and Owner. Pay Requests and related forms shall be submitted in one (1) original and one (1) copy to the Engineer, unless otherwise instructed by him. Contractor shall use Monroe County Application for Payment form which will be provided to contractors at the pre-construction meeting, and shall provide related forms from the American Institute of Architects, such as: ❑ Change Order (Form G-701) ❑ Certificate of Substantial Completion (Form G-704) ❑ Contractor's Affidavit of Payment of Debts and Claims (Form G-706) ❑ Contractor's Affidavit of Release of Liens (Form G-706A) ❑ Consent of Surety to Final Payment (Form G-707) SPECIAL PROVISIONS IV-53 3532 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-54 3533 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SPECIAL PROVISION NO. 12 - STANDBY TIME 1 . DESCRIPTION. The Airport acknowledges the constraints being placed upon the Contractor for this project (RUNWAY 9-27 REPAIRS). The Airport has agreed in principle to make the construction site available for the Contractor's use throughout the construction period to the maximum extent possible. A special pay item pertaining to lost time has been established and is incorporated into this Special Provision to provide a reasonable assessment and method of compensation for the Contractor in the event that the runway and taxiway closures are delayed only due to aircraft operations. 2. SCHEDULED RUNWAY CLOSURES. Off-peak scheduled runway closure construction times will be from 11:00 PM to 6:00 AM. The Contractor shall not enter the runway safety area until authorized by the RPR. The scheduled runway closures include all work with the exception of hard runway closure activities. Scheduled runway closures can be delayed due to aircraft operations. 3. HARD RUNWAY CLOSURES. Off-peak hard closure construction times will be from 11:00 PM to 6:00 AM. The Contractor shall not enter the runway safety area until authorized by the RPR. Hard closures include all milling and paving operations within the Runway Safety Area. A paving operation must include the placement of at least 100 tons. Runway 9-27 closure cannot be delayed due to aircraft operations. 4. TAXIWAY CLOSURES. Off-peak taxiway closure construction times will be from 11:00 PM to 6:00 AM. The Contractor shall not enter the Taxiway Object Free Area until authorized by the RPR. The taxiway closures include all work on the taxiway within the taxiway object free area and outside of the runway safety area. Taxiway Closures cannot be delayed due to aircraft operations. Refer to the phasing sheets in the Contract Drawings for closure requirements. 5. LOST TIME. The Contractor shall make themselves totally familiar with the requirements of this section. The Contractor shall guard against adding inflated costs as a defense against potential lost time or other conditions of the Contract in this special provision as this item of work will be included in the summation of the total amount bid. 6. STANDBY TIME. Standby Time is when a Contractor's forces are mobilized for work based on the scheduled runway closure and taxiway closure beginning at 11:00 PM. This condition may last for a maximum of 3 hours after the scheduled construction start time. Standby Time paid for any nightly work period shall not exceed 3 hours even if the work period is ultimately cancelled. Standby time is only available to the Contractor when scheduling activities under the scheduled construction closure scenario. Hard construction closures are not eligible for standby time. 7. METHOD OF MEASUREMENT. Standby Time shall be measured as the number hours, in '/4 hour intervals, where the Contractor's forces are mobilized in anticipation of the nightly runway closure. Standby Time will be measured beginning at 11:00 PM as determined by the RPR. This condition may last a maximum of 3 hours after the scheduled start time of 11:00 PM. 8. BASIS OF PAYMENT. Payment will be made at the Contract unit price per hour (in 1/4 hour intervals). This price shall be full compensation for all labor, equipment, tools materials, and incidentals on-site to perform the off peak (night time) scheduled construction. SPECIAL PROVISIONS IV-55 3534 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-56 3535 Key Weslt iiiiiii iii Monroe County Runway 9-27 Repairs Bid Documents Project Manual - Volume 1 OF 2 BIDDING REQUIREMENTS AND CONTRACT FORMS Key v West International Airport EN Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Mr. Craig Cates, District 1 Mayor Ms. Holly Raschein, District 5 Mayor Pro Tem Ms. Michelle Lincoln, District 2 Commissioner Mr. Jim Scholl, District 3 Commissioner Mr. David Rice, District 4 Commissioner Prepared by: ON .jacobs 200 W. Forsyth St., Suite 1520 Jacksonville, FL 32202 904.636.5432 MARCH 2O23 3536 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual TABLE OF CONTENTS VOLUME I -BIDDING REQUIREMENTS AND CONTRACT FORMS Division I—Bid Documents Division II— Contract Division III—General Provisions Division IV— Special Provisions TABLE OF CONTENTS 3537 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual THIS PAGE INTENTIONALLY LEFT BLANK TABLE OF CONTENTS 3538 BID DOCUMENTS 3539 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK BIDDING REQUIREMENTS AND CONTRACT FORMS I-2 3540 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual DIVISION I BID DOCUMENTS SECTION A - NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS ........................I-5 SECTION B - INSTRUCTIONS TO BIDDERS..........................................................................I-6 SECTION C - PROPOSAL AND SCHEDULE OF BID ITEMS................................................I-16 SECTION D - BID BOND........................................................................................................I-21 SECTION E - DRUG-FREE WORK PLACE ...........................................................................1-23 SECTION F - PRIME BIDDER'S QUALIFICATIONS..............................................................1-24 SECTION G - DISCLOSURE OF LOBBY ACTIVITIES..........................................................1-27 SECTION H -ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM....................................I-28 SECTION I - INFORMATION ON DBE GOAL PARTICIPATION FOR PROJECTS RECEIVING FEDERAL FUNDING..............................................................................................................1-29 SECTION J - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM.............................1-32 SECTION K - BIDDER'S AFFIDAVIT IN COMPLIANCE WITH (THE FLORIDA TRENCH SAFETYACT........................................................................................................1-33 SECTION L - SWORN STATEMENT PURSUANT TO SECTION 287.133C3J(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES ...........................................................................1-35 SECTION M -SWORN STATEMENT UNDER ORDINANCE NO. 10-1990............................1-38 SECTION N - CERTIFICATION OF NONSEGREGATED FACILITIES ..................................1-39 SECTION O - FEDERAL WAGES DECISION........................................................................1-40 SECTION P - CERTIFICATION REGARDING DEBARTMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION -49 CFR PART 29.............................................................1-47 SECTION Q - NON-COLLUSION AFFIDAVIT........................................................................1-48 SECTION R—TEXTING WHILE DRIVING.............................................................................1-49 BIDDING REQUIREMENTS AND CONTRACT FORMS I-3 3541 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION S— PROCUREMENT OF RECOVERED MATERIALS..........................................I-50 SECTION T -VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS..................................................................................................................1-51 BIDDING REQUIREMENTS AND CONTRACT FORMS I-4 3542 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION A NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on Tuesday, May 2, 2023, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: RUNWAY 9-27 REPAIRS MONROE COUNTY,FLORIDA Pursuant to F.S. 50.0211(3)(a), all published competitive solicitation notices can be viewed at: www.floridapublicnotices.com, a searchable Statewide repository for all published legal notices. Requirements for submission and the selection criteria may be requested from DemandStar at www.demandstar.com OR www.monroecountybids.com. The Public Record is available upon request. Monroe County Purchasing Department receives bids electronically. Please do not mail or attempt to deliver in person any sealed bids. Mailed/physically delivered bids/proposals/responses WILL NOT be accepted. The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB- BIDS )monroecounty-fl.gov,no later than 3:OOP.M.,on May 2,2023. 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: EYW Runway 9-27 Repairs 05/02/2023 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(a>,monroecounty-fl.gov, in advance of the bid opening, please email: omb-purchasing&)monroecoun -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. The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on May 2, 2023. You may call in by phone or internet using the following: Join Zoom Meeting https:/fincbocc.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) Publication dates: Citizen:Wednesday,03/29/2023 Keys Weekly: Thursday,03/30/2023 News Barometer: Friday,03/31/2023 BIDDING REQUIREMENTS AND CONTRACT FORMS I-5 3543 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION B INSTRUCTIONS TO BIDDERS PRE-BID NOTICE: A MANDATORY Pre-Bid Conference will be held on Wednesday, April 121", 2023 at 2:00 PM in the construction trailers located at the corner of Faraldo Circle and Roosevelt Blvd, Key West, Florida. Attendance at the Pre-Bid Conference IS mandatory. For additional information concerning the pre-bid conference, please contact Beth Leto, Deputy Director, Airport Finance and Admin. By phoning 305-809-5239. 1. CONTENTS OF CONTRACT DOCUMENTS: Proposal forms are contained in these Contract Documents. All papers bound with or attached to the Proposal Form are a part of the Contract and must not be detached or altered. A Bid Bond in the form of a cashier's check, certified check or surety bond in the amount of not less than five percent (5%) of the total amount of bid submitted shall accompany each proposal. The Bid Bond shall be made payable to Monroe County Board of County Commissioner. No Bid Bond will be required if the contract amount is less than $150,000.00. 2. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK: The bidder shall examine carefully the site of the work and the Contract Documents and he shall investigate and satisfy himself as to the conditions to be encountered, as to the character, quality and quantity of work to be performed and materials to be furnished and as to the requirements of the Contract. Bidders shall familiarize themselves with all federal and state laws, local ordinances and regulations which may in any manner affect the work or its prosecution. The filing of a Proposal shall be presumptive evidence that the bidder has complied with these requirements. 3. INTERPRETATION OF DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the meaning of any part of the proposed Contract Documents, he / she may submit to the Engineer, Jacobs Engineering Group, at EMAIL: Lasa.Ennis iacobs.com, a written request for an interpretation of the proposed documents. No oral interpretations will be made to any respondent as to the meaning of any part of the bid documents. A summary of questions received and answers provided will be made in writing in the form of an addendum and, if issued, shall be posted on DemandStar and a notification will be furnished by DemandStar to all known prospective Respondents listed as planholders prior to the established Response opening date. It shall be the Respondents sole responsibility thereafter to download the addendum. Each respondent shall acknowledge receipt of such addenda in the space provided therefore in the proposal form. In case any respondent fails to acknowledge receipt of such addenda or addendum, his proposal will nevertheless be construed as though it had been received and acknowledged and the submission of his/her proposal will constitute acknowledgment of the receipt of same. All addenda are a part of the bid documents and each respondent will be bound by such addenda, whether or not BIDDING REQUIREMENTS AND CONTRACT FORMS I-6 3544 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual received by him/her. It is the responsibility of each respondent to verify that he/she has received all addenda issued before proposals are opened. Requests for interpretation will be accepted up to fifteen (15) calendar days prior to the bid due date. 4. ADDENDA: Any Addenda issued during the preparation of bids shall be included in the Proposal and shall become a part of the Contract Documents. Subcontractor's attention must be called to these changes as well as to the effect Addenda may have on their work. 5. PREPARATION OF PROPOSAL: Bidder shall submit the bidders proposal in electronic format (e-mail) only. Proposals shall be submitted on the Proposal Form contained in these Contract Documents. Each blank space in the Proposal Form shall be filled in correctly and the bidder shall state the price for which he proposes to do the work written in ink. The bidder will be responsible for all errors or omissions in his Proposal. Each bidder shall sign his Proposal correctly in ink. If the bidder is an individual, his name and post office address must be shown. If a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If a corporation, the Proposal must designate the state under the laws of which the corporation is chartered, the names, titles and business addresses of its officers and the one signing the Proposal as agent of the firm or corporation must furnish legal evidence that he has authority to such signature and that such signature is binding upon the firm or corporation. On the Proposal Form (Schedule of Bid Item sheets), the bidder shall enter in words and figures a unit price and in figures the product (extension) of the unit price and quantity in the appropriate column for each bid item exclusive of those items for which a fixed contract unit price and extension are shown. On "lump sum" items, the same amount shall be shown in both the unit price (words and figures)and extension (figures only) columns.After all extensions are made, the bidder shall total the extended amounts of the bid items and show his total of the extended amounts of the bid items and show his total bid amount in the appropriate place on the Proposal Form. All figures shall be legibly shown in ink or typed. Any inter-lineation, erasure or other alteration of a figure shall be initialed by the signer of the proposal. The Bidder will check the extension of each item given in the proposal and correct all errors and discrepancies. In case of a discrepancy between a unit bid price and the extension amount, the unit price will govern. In case of discrepancy between the unit price in words and figures, the words shall govern. The sum of the correct extension amounts will be the contract bid price. 6. ALTERNATE AND ADDITIVE BIDS: Where alternate designs are provided by the plans and proposal, the bidder shall enter prices only on the items for the design alternate that will be most economical for him to construct and other bid items that will be common for all alternates. The bidder shall enter the words "No Bid" in the unit price column on items for the design alternates not selected. If any item on the proposal form permits a choice between alternate specified types of materials, BIDDING REQUIREMENTS AND CONTRACT FORMS I-7 3545 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual the bidder shall indicate by a checkmark the type of material he proposes to use. If more than one type or none is checked, the Owner will make the selection. Where alternate designs are provided for which bids area called for on each alternate, the bidder shall furnish bid prices for each of the alternates. Failure to do this may be grounds for rejection of the proposal. Where additive bids are provided in the plans and proposal, the bidder shall enter prices for the additive bid items. Additive bids are work items that the Owner would like to include in the project depending upon base bid prices and the availability of Federal, State, and local funding. The Owner reserves the right to award the additive bid items and enter into additive bid item contracts separately from the base bid item award and contract as serves the best interest of the county. Award of the additive bid items and to whom awarded shall be at the Owner's sole discretion. 7. REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of form, additions not called for, conditional or alternate bids or irregularities of any kind. Proposals in which prices are obviously unbalanced may be rejected. The Owner reserves the right to waive technical errors, irregularities or informalities in any bid as may be deemed to be in the best interests of the County. The owner also reserves the right to reject any and all bids at the owner's sole discretion, to waive informalities in any or all bids, to re-advertise for bids; and to separately accept or reject any item or items of bid and to award and/or negotiate a contract in the best interest of the County. 8. BID PRICE: The price bid shall cover the cost of furnishing of all materials, tools, labor, transportation, local, state and federal taxes, Old Age Benefits, Social Security, services and equipment necessary to perform the work in full conformity with the Contract Documents. 9. PRE-QUALIFICATION OF BIDDERS: No proposal will be considered from any contractor unless he is licensed to do work in the State of Florida and is properly qualified to submit a proposal for this construction in accordance with all applicable laws of the State of Florida. Bidder shall submit"Evidence of Competency", consisting of statements covering the bidder's past experience on similar work, a list of equipment that would be available, latest financial statement, and a list of key personnel. (See General Provisions 20-02 and Section F "Prime Bidder's Qualification Form".) 10.AWARD OF CONTRACT: All bids, along with the staff recommendation, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. The Board reserves the right to reject any and all bids, to waive technical errors, irregularities or informalities in any or all bids, to re-advertise for bids; and to separately accept or reject any item or items of bid and to award and/or negotiate a contract in the best interest of the County. The award of the contract, should it be awarded, will be made by the Owner to the lowest responsible bidder whose proposal meets the requirements thereof. The award, if made, will BIDDING REQUIREMENTS AND CONTRACT FORMS I-8 3546 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual be made within one hundred twenty (120) days after opening of the proposal but no award will be made until the responsibility of the bidder to whom it is proposed to award the contract has been investigated. Notice of award will be mailed by the Owner to the successful bidder at the address stated in his proposal. Any Bidder/Respondent/Proposer who claims to be adversely affected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the County within seventy-two (72) hours or three (3) business days, whichever is less, after the posting of the notice of decision or intended decision on DemandStar or posting of the Notice of Decision or Intended Decision on the Monroe County Board of County Commissioner' agenda, whichever occurs first. Additionally, a formal written protest must be submitted in writing and must be received by the County Attorney's Office seventy-two (72) hours or three (3) business days prior to the Board of County Commissioner's meeting date in which the award of contract by the Board of County Commissioners will be heard. The only opportunity to address protest claims is before the BOCC at the designated public meeting in which the agenda item awarding the contract is heard. In accordance with the Rules of Debate as set forth in the Monroe County Board of County Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with his/her name and residence prior to the agenda item to award the contract being called in order to preserve their opportunity to be heard on this matter. An individual has three (3) minutes to address the Commission and a person representing an organization has five (5) minutes to address the Commission. The BOCC decision to award the contract is final and at their sole discretion. Failure to timely protest within the times prescribed herein shall constitute a waiver of the ability to protest the award of contract, unless it is determined that it is in the best interest of the County to do so. 11.RETURN OF BID BOND: All bid bonds except those of the two lowest qualified bidders will be returned promptly after the tabulation of the bids has been made and in no case will a bid bond be held longer than one hundred twenty (120) days without the bidder's written consent. 12.EXECUTION OF CONTRACT: The successful bidder will be required to execute the contract and furnish bond within fifteen (15) days of date of notice to award. In the case of a corporation, the officer or agent to execute the contract must be designated in a power of attorney executed by the Board of Directors and duly certified by the Secretary and bearing the seal of the corporation. When the successful bidder is a partnership, the power of attorney designating one member of the firm to execute the contract shall be filed with the Owner. Such power of attorney must bear the signature of the other members of the firm and must be executed before a notary. Any officer or agent signing on behalf of the surety company bonding the contractor will be required to file a power of attorney with the bond executed and will be required to affix the seal of the surety to said bond. 13.FAILURE TO EXECUTE CONTRACT: Should the successful bidder fail or refuse to execute the contract and furnish satisfactory bond BIDDING REQUIREMENTS AND CONTRACT FORMS I-9 3547 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual within fifteen (15) days after notice of award has been issued by the Owner, the bond filed with the proposal shall become the property of the Owner. At his option, the Owner may then annul the award and award the contract to the next lowest responsible bidder or reject all proposals and re- advertise. 14.CONTRACT TIME: The contractor shall begin work after receipt of the Notice to Proceed in accordance with Paragraphs 80-02 and 80-03 of the General Provisions and Special Provisions Nos. 2 and 3, and shall fully complete performance within sixty (60) calendar days of Notice to Proceed Construction. If the Contractor does not comply with the contract time, then liquidated damages will apply as per Special Provisions No. 2 and 3. 15.CONTRACT CLOSE-OUT: Subsequent to the final acceptance of this project by the Owner, the requirements of Special Provision No. 1, Section 25 "Project Documentation" Subsection H. "Prerequisites to Substantial Completion" must be satisfied. 16.BID PROPOSAL SUBMISSION: The Bid Proposal submitted for the work included in this project shall include the following fully executed documents: A. Bid Proposal Contract (Division I, Section C) B. Schedule of Bid Items (Division I, Section C) C. Bid Bond (Division I, Section D) D. Drug-free Work Place (Division I, Section E) E. Prime Bidder's Qualifications (Division I, Section F) F. Disclosure of Lobby Activities (Division I, Section G) G. Acknowledgment of Receipt of Addendum (Division I, Section H) H. Disadvantaged Business Enterprise (Division I, Section J) I. Bidder's Affidavit in Compliance with the Florida Trench Safety Act (Division I, Section K) J. Sworn Statement Under Section 287.133(3)(a) FLORIDA STATUTES, on Public BIDDING REQUIREMENTS AND CONTRACT FORMS I-10 3548 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Entity Crimes (Division I, Section L) K. Sworn Statement Under Ordinance No. 10-1990, Monroe County (Ethics Clause) (Division I, Section M) L. Certification of Non-segregated Facilities (Division I, Section N) M. Federal Wage Decision (Division I, Section O) N. Certification regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-49 CFR Part 29 (Division I, Section P) O. Copy of Contractor's license for State of Florida P. Bidder's Statement on Insurance (Division III, Section 140) Q. Non-Collusion Affidavit (Division I, Section Q) R. Texting While Driving (Division I, Section R) S. Procurement of Recovered Materials (Division I, Section S) T. Vendor Certification Regarding Scrutinized Companies Lists (Division I, Section T) 17.SUBMITTING BIDS: The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB-BIDS monroecounty-fl.Qov , no later than 3:00 P.M., on May 2nd, 2023. 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: Runway 9-27 Repairs Key West International Airport - Bid Submission Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum file size that will be accepted by email is 25MB. Please plan accordingly to ensure that your bid is not rejected due to the file size. Should your bid documents exceed 25MB, in advance of the bid opening, please email: omb-i)urchasina monroecounty-fl.gov. The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on May 2, 2023. You may appear by phone or internet using the following: Join Zoom Meeting httns:Hmcbocc.zoom.us/i/4509326156 Meeting ID: 4509326156 One tap mobile: BIDDING REQUIREMENTS AND CONTRACT FORMS I-11 3549 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 16465189805„4509326156#US (New York) +16699006833„4509326156#US (San Jose) Dial by your location: +1 646 518 9805 US(New York) +1 669 900 6833 US (San Jose) 18.WITHDRAWAL OF BIDS: Bids may be withdrawn on written or telegraphic request received from bidders prior to the time fixed for opening. Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. 19.BIDDERS PRESENT: At the time fixed for the opening of the bids, their contents will be made public for the information of bidders and other properly interested parties who may be present either by phone or internet. 20.BIDDERS INTERESTED IN MORE THAN ONE BID: If more than one bid for each contract is offered by any one party, by or in the name of his or their clerk, partner or other person, all such bids may be rejected. A party who has quoted prices on materials to bidders is not thereby disqualified from quoting prices to other bidders or from submitting a bid directly for the materials of work. 21.ERRORS IN BID: Bidders or their authorized agents are expected to examine the maps, drawings, specifications and all other instructions pertaining to the work, which will be open to their inspection. Failure to do so will be at the bidder's own risk and he cannot secure relief on the plea of error in the bid. In case of error in the extension of prices, the unit price will govern. 22.CONTRACT AND BOND: The bidder to whom award is made must,when required, enter into written contract on the standard form as set out herein with satisfactory security in the amount required, within the period specified or, if no period is specified, within ten (10) days after the prescribed forms are presented to him for signature. 23.COLLUSION If there is any reason for believing that collusion exists among the bidders, any or all proposals may be rejected and those participating in such collusion may be barred from submitting bids on the same or other work. 24.SUBLETTING OR ASSIGNING OF CONTRACT: (a) Limitations: The Contractor shall not sublet, assign, transfer, convey, sell or otherwise dispose of any portion of the contract, his right, title or interest therein, or his power to BIDDING REQUIREMENTS AND CONTRACT FORMS I-12 3550 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual execute such contract, to any person, firm or corporation without written consent of the Owner and such written consent shall not be construed to relieve the Contractor of any responsibility for the fulfillment of the contract. Unless otherwise stipulated in the proposal or special provisions and with the assistance of workmen under his immediate superintendence and reported on his payroll, all contract work of a value not less than fifty percent (50%) of the total contract amount, except that any items designated in the contract as "Specialty Items" may be performed by subcontract. They may be deducted from the total contract amount before computing the amount of work required to be performed by the Contractor with his own organization. (b) Subcontractor's Status: A subcontractor shall be recognized only in the capacity of an employee or agent of the contractor and the Contractor will be responsible to the Owner for all of the subcontractor's work, including failures or omissions and his removal may be required by the Engineer, as in the case of any employee. 25.PERMITS: The county cautions bidders that the contractor shall also be responsible for the permit fees of any state or federal agency having permitting jurisdiction over the project, including but not limited to, the ACE, DNR, and DER. 26.PRE-SUBMITTALS: Pre-submittal of data on various equipment, if required in the proposal, shall be made by the bidder and approval obtained from the Engineer. This approved list shall be the actual equipment used in the construction of this project if the contract is awarded on the bid. 27.SHOP DRAWINGS: Shop drawings will be reviewed by the Engineer for general conformance in accordance with the contract documents. The Contractor shall check all shop drawings in detail and stamp with his approval prior to submittal to the Engineer. The Engineer's review of shop drawings shall not relieve the Contractor from his responsibility for any deviations from the requirements of the contract documents. Contractor shall submit electronic copies of shop drawings to the engineer for approval. 28.FLORIDA TRENCH SAFETY ACT: In accordance with the provisions of the Florida Trench Safety Act, if applicable, the bidder shall indicate in his bid his cost of compliance with the requirements of the Florida Trench Safety Act and shall also complete and properly execute the bidder's Affidavit in compliance with the provisions of the Florida Trench Safety Act (Sections 553.60-553-64, Florida Statutes). 29.SCHEDULE OF WORK: Contractor shall coordinate work items that may overlap with other work being performed by other contractors. Each bidder shall take this into account and no provision for re-mobilization or re- negotiation for time delay can be made. Depending on the bids received, certain quantities may be BIDDING REQUIREMENTS AND CONTRACT FORMS I-13 3551 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual increased or decreased and no provision shall be made for re-negotiation (see Division I, General Provisions, Section 40, for further information). 30.PROJECT FUNDING: Work included in this project will be paid by funds from Monroe County, the Federal Aviation Administration (FAA), Florida Department of Transportation (FDOT) and in part from Key West International Airport Operating Funds. 31.DISADVANTAGED BUSINESS ENTERPRISES (DBE) SUBCONTRACTOR GOALS: The DBE goal for this FAA funded project is 5%. As a matter of responsibility, the Contractor needs to provide 5% race-neutral DBE in the base bid schedule. Respondents may meet this goal by being a certified DBE under FUCP or by subcontracting a portion of the work to a DBE certified under FUCP. Any respondent that is unable to meet this goal will be required to provide documentation of its good faith effort to meet this goal. DBE goal achievement is not a condition of bid award. Any bid proposal that fails to meet the DBE goal and fails to provide adequate documentation of a good faith effort to meet the goal shall be deemed non-responsive for failing to comply with the DBE requirement. 32.PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 33.DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY and OBLIGATION: DBE POLICY: It is the policy of the FAA and of the Florida Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds contract. The DBE requirements of 49 CFR Part 26, as amended, apply to this contract. DBE OBLIGATION: Monroe County and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. The Disadvantaged Business Enterprise Program statements and certification shall be fully completed and submitted as required by Section 150 of the specifications. This form is provided in Division I, Bid Documents, Section J. BIDDING REQUIREMENTS AND CONTRACT FORMS I-14 3552 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 34.EQUAL EMPLOYMENT OPPORTUNITY: In connection with the carrying out of this project, the contractor shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, marital status, familial status, sexual orientation, gender identity, expression or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor shall insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. 35.CERTIFICATION OF NONSEGREGATED FACILITIES: The Certification of Non-segregated Facilities as required by Section 160, shall be completed and submitted with the bid proposal. This form is provided in Division I, Bid Documents, Section N. BIDDING REQUIREMENTS AND CONTRACT FORMS I-15 3553 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION C PROPOSAL AND SCHEDULE OF BID ITEMS Contract BID TO: Monroe County Purchasing Department 1100 Simonton Street Suite 1-213 Key West, Florida 33040 BID FROM: Submitted(Date): The undersigned, as Bidder, hereby declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the plans and specifications for the work and contractual documents relative thereto, and has read all bid documents, Contract Documents, General Provisions, Special Provisions and Specifications furnished; and that he has satisfied himself relative to the work to be performed. 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: Runway 9-27 Repairs Key West International Airport - Bid Submission Monroe County, Florida in full and complete accordance with the shown, noted, described and reasonably intended requirements of the plans, specifications and contract documents to the full and entire satisfaction of the Monroe County Board of Commissioners, with a definite understanding that no money will be allowed for extra work except a set forth in the attached Contract Documents for the unit prices listed opposite each item. BIDDING REQUIREMENTS AND CONTRACT FORMS I-16 3554 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual The Contractor shall complete the Schedule of Values included as Attachment "A". The Schedule shall be added and the final total base bid amount will be: $ Dollars (Total Base Bid -words) It is agreed that the description under each item, being briefly stated, implies, although it does not mention, all incidentals and that the prices stated are intended to cover all such work, materials and incidentals as constitute Bidder's obligations as described in the specifications and any details not specifically mentioned, but evidently included in the contract shall be compensated for in the item which most logically includes it. The quantities for bid items listed on the attached Schedule of Bid Item sheets are estimated quantities only for the purpose of comparing bids. Any difference between these estimated quantities and actual quantities required for construction will not be allowed as basis for claims by the Contractor for extra compensation. Compensation will be based on the unit prices and actual construction quantities and may be modified as stipulated by Sections 20-05 and 90-03 of the General Provisions. The bidder further proposes and agrees hereby to commence the work with an adequate force, plant and equipment at the time stated in the notice to the Contractor from the Owner to proceed and fully complete performance within the time period stated in the Instructions to Bidders from and after the date stated in the Notice-to-Proceed. The undersigned further agrees that in case of failure on his part to execute the said contract and the bond within ten (10) consecutive calendar days after written notice being given of the award of the contract, the check or bid bond in the amount as specified herein accompanying this bid and the monies payable thereon, shall be paid into the funds of the Monroe County Board of Commissioners as liquidated damages for such failure; otherwise, the check or bid bond accompanying this proposal shall be returned to the undersigned. Monroe County's performance and obligation to pay under this Contract, is contingent upon an annual appropriation by the BOCC. Attached hereto is a certified check on the Bank of or a bid bond for the sum of dollars ($ ) made payable to the Monroe County Board of Commissioners. BIDDING REQUIREMENTS AND CONTRACT FORMS I-17 3555 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Checkmarks I have included Division I which entails the proposal forms. Schedule of Bid Items (Attachment "A"). Bid Bond The Drug-Free Workplace form. Vendor Certification Regarding Scrutinized Companies Prime Bidder's Qualifications: List of major contracts in past 10 years List of equipment and plant available for this project Copy of latest financial statement Disclosure of Lobby Activities Acknowledgement of Receipt of Addendum Disadvantaged Business Enterprise Program DBE Utilization Form "Attachment 1", Division III _ DBE Letter of Intent"Attachment 2", Division III Bidder's Affidavit in Compliance with Florida Trench Safety Act Sworn Statement Pursuant to Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes Sworn Statement Under Ordinance No. 10-1990 Certification of Non-segregated Facilities Federal Wage Decision Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion 49 CFR Part 29 Copy of Bidder's License for State of Florida, evidence of competency and evidence of financial responsibility _ Bidder's Statement on Insurance Non-Collusion Affidavit (Checkmark items above as a reminder that they are included.) Mailing Address: BIDDING REQUIREMENTS AND CONTRACT FORMS I-18 3556 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Phone Number: Date: Signed: (Name) (Title) Witness: (Seal) BIDDING REQUIREMENTS AND CONTRACT FORMS I-19 3557 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual ATTACH M ENT " A " SCHEDULE OF BID ITEMS Runway 9-27 Repairs BIDDER NAME: AIRPORT NAME: Key West International Airport PROJECT DESCRIPTION: Runway 9-27 Repairs Payment for the work shall be made at the contract price and payment shall be full compensation for furnishing all materials, equipment, labor, processes, tools and incidental costs required to complete the work. BIDDER NAME: AIRPORT NAME: KEY WEST INTERNATIONAL AIRPORT PROJECT DESCRIPTION: Runway 9-27 Repairs BASE BID ITEM SPEC. No. ITEM DESCRIPTION UNIT ESTIMATED UNIT EXTENDED QUANTITY PRICE TOTAL 1 C-100-1 CONTRACTOR QUALITY LS 1 CONTROLPROGRAM CQCP 1 C-105-1 MOBILIZATION LS 1 3 P-101-1 COLD MILLING (4" DEPTH) SY 9,210 4 P-101-2 COLD MILLING (0.5" DEPTH) SY 8,920 5 P-102-1 SAFETY AMD SECURITY LS 1 6 P-401-1 ASPHALT SURFACE COURSE TON 2,630 7 P-603-1 ASPHALT TACK COAT GAL 1,460 8 P-620-1 REFLECTIVE PAVEMENT SF 14,980 MARKING WITH GLASS BEADS 9 P-620-2 NON-REFLECTIVE PAVEMENT SF 3,570 MARKING 10 P-620-3 TEMPORARY PAVEMENT SF 14,980 MARKING 11 P-621-1 RUNWAY PAVEMENT GROOVING SY 6,450 12 SP-12-1 STANDBY TIME HR 10 BIDDING REQUIREMENTS AND CONTRACT FORMS I-20 3558 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION D BID BOND Contract KNOW ALL MEN BY THESE PRESENTS, that we: as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of Florida, as Surety, hereinafter called the Surety, are held and firmly bound unto the Monroe County Board of Commissioners as Obligee, hereinafter called the Obligee, in the sum of: dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for: Runway 9-27 Repairs Key West International Airport - Bid Submission Monroe County, Florida NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED further, that if the Principal shall submit the apparent lowest bid acceptable to the Obligee but shall fail to meet DBE goals as set forth in the bid specifications, then Principal shall, upon request of the Obligee, submit to Obligee such additional evidence of Principal's good faith efforts to meet such goals in the manner and within the time required in such specifications. BIDDING REQUIREMENTS AND CONTRACT FORMS I-21 3559 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Signed and sealed this day of 20_ (Principal) (Seal) (Witness) (Title) (Surety) (Seal) (Witness) Countersigned by: By: (Title) All bonds must be signed by a Florida resident agent with a legal street address; Post Office boxes are not acceptable. Bid will not be considered unless the bid bond is signed by both Principal and Surety. BIDDING REQUIREMENTS AND CONTRACT FORMS I-22 3560 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION E DRUG FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087, hereby certifies that: (Name of Business) 1 . Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Sub-section (1). 4. In the statement specified in Sub-Section (1), notify the employees that as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As a person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidder's Signature Date: BIDDING REQUIREMENTS AND CONTRACT FORMS I-23 3561 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION F PRIME BIDDER'S QUALIFICATIONS In order to determine if persons submitting bids are responsible, each contractor shall furnish with his bid the following completed information, and signed statements on "evidence of competency" and "evidence of financial responsibility", which is in accordance with General Provision 20-02. 1. Name of Bidder: 2. Business Address: 3. Telephone Number: 4. When Organized: 5. Where Incorporated: 6. A list of the person's or entity's shareholder with five (5) percent or more of the stock or, if a general partnership, a list of the general partners; or if a limited liability company, a list of its members; or, if a solely owned proprietorship, names(s) of owner(s). 7. A list of the officers and directors of the entity. 8. The number of years the person has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the Bid specifications (include a list of similar projects). 9. The number of years the person has operated under its present name and any prior names. 10. How many years have you been engaged in the contracting business under the present firm name? 11. What is the type of construction work in which you are principally engaged? 12. On separate sheet list major contracts in past 10 years. 13. On separate sheet list equipment and plant available for this project. 14. Enclose a copy of latest 3 years of Financial Statements for the responding entity or for any entity that is a subsidiary to the responding entity. BIDDING REQUIREMENTS AND CONTRACT FORMS I-24 3562 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 15. Credit Available for this Contract: $ 16. Contracts now in hand, Gross Amount: $ 17. Have you ever refused to sign a contract at your original bid? 18. On separate sheet, list the last five (5) projects over$500,000 on which the contractor has worked, and telephone numbers. 19. Answers to the following questions regarding claims and suits: a. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details.) b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers or general partners? (If yes, provide details.) C. Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five (5)years, been a party to any lawsuit or arbitration with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? (If yes, provide details) d. Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? (If yes, provide details) e. Whether, within the last five (5) years, an officer, general partner, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids; f. Customer references (minimum of three), including name, current address and current telephone number: g. Credit references (minimum of three), including name, current address and current telephone number. h. Any financial information requested by the county department involved in the competitive solicitation, related to the financial qualifications, technical competence, the ability to satisfactorily perform within the contract time BIDDING REQUIREMENTS AND CONTRACT FORMS I-25 3563 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual constraints, or other information the department deems necessary to enable the department and board of county commissioners to determine if the person responding is responsible. 20. Remarks: (The above statements must be subscribed and sworn to before a Notary Public.) Date: Firm Name: By: Title: Notary Public: BIDDING REQUIREMENTS AND CONTRACT FORMS I-26 3564 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION G DISCLOSURE OF LOBBY ACTIVITIES Certification of Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreements and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this Federal contract, Grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants and contracts under Grants, loans and cooperative agreements)and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed: Dated: Contractor's Authorized Representative BIDDING REQUIREMENTS AND CONTRACT FORMS I-27 3565 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION H ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM Addendum signatlire Date o. BIDDING REQUIREMENTS AND CONTRACT FORMS I-28 3566 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION I INFORMATION ON DBE GOAL PARTICIPATION FOR PROJECTS RECEIVING FEDERAL FUNDING 1. In accordance with 49 CFR Part 26, the Disadvantaged Business Enterprise (DBE) Program shall apply to this Contract. All persons or entities responding to this solicitation shall utilize, or attempt to utilize, DBE firms to perform at least the assigned participation goal ("DBE Goal")for this Contract. Bidders/Offerors shall submit at time of bid a Disadvantage Business Enterprise(DBE) Utilization form—See Division III,Section 150-07"Other Contract Provision" Attachment 1 for this form. 2. Program Requirements for DBE participation: a) For a DBE firm's participation to be considered in meeting the DBE goal, the DBE firm must be certified as a DBE by a member of the Florida Unified Certification Program (FLUCP) to perform the applicable work no later than the date your response or bid is due to the County (i.e., time of bid opening).A comprehensive listing of certified DBE firms is published in the Florida Department of Transportation (FDOT) Business Directory and can be viewed at the following Unified Certification Program (UCP)website: htt s://fdotxwp02.dot.state.R us/EgualOpportunityOfficeBusinessDirectory/ b) A certified DBE firm may only participate in a contract if it is performing a commercially useful function. A certified DBE firm performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved.To perform a commercially useful function, the certified DBE firm must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. 3. Compliance with DBE goal requirements is a matter of responsibility. Information demonstrating such compliance must be submitted with the bid at time of bid opening. Bidder/Offeror must at least show an attempt to meet the DBE goal by providing com pl eted Letters of Intent (LOI) between Bidder/Offerer and Disadvantaged Business Enterprise (DBE) forms for each DBE — See Division III, Section 150-07 "Other Contract Provision"Attachment 2 for this form.Alternatively, Bidder/Offeror may show good faith efforts to meet the DBE goal by providing an Application for Evaluation of Good Faith Effort to Meet DBE Goals form - See Division III, Section 150-07 "Other Contract Provision" — Attachment 3 for this form. Submittal of Attachment 3 also requires bidder/offer submittal of supporting documentation of good faith efforts. Failure to demonstrate of good faith efforts to meet the DBE goal shall be grounds for a finding of non-responsibility. In connection with the DBE goal, Bidder/Offeror may be deemed responsible in one of two ways. a) The first way you may be deemed responsible is by submitting Letters of Intent (LOIs) from certified DBE firms which, cumulatively, fully meet the goal. BIDDING REQUIREMENTS AND CONTRACT FORMS I-29 3567 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual b) If the Bidder/Offeror is unable to fully meet the DBE Goal, the second way the Bidder/Offeror may be deemed responsible is by demonstrating good faith efforts to meet the goal ("Good Faith Efforts") and submits a completed Application for Evaluation of Good Faith Effort to Meet DBE Goals. The Bidder/Offeror should include any LOIs from certified DBE firms which partially meet the DBE goal and additional documentation of good faith efforts on the part of the Bidder/Offeror to meet the DBE goal. Such Good Faith Efforts shall be consistent with the guidance concerning good faith efforts provided by the federal (U.S.) Department of Transportation, found in Title 49 CFR 26, Appendix A. Without limiting the preceding sentence, documentation Bidder/Offeror may submit to demonstrate Good Faith Efforts may include, but is not limited to: i. Providing timely solicitation activities to certified DBE firms, including attendance at pre-bid meetings, advertisements, or written notices; ii. Identifying appropriate contract portions and scopes of work that certified DBE firms could potentially perform; iii. Providing timely and adequate information to the certified DBE firms(including plans and specifications); iv. Good faith negotiation with each interested, certified DBE firm (including names and contact information of each DBE firm considered) with an explanation as to why negotiations failed; and V. Investigating DBE qualifications and capabilities; list reason(s) if a certified DBE firm is rejected. c) Bidder/Offeror shall submit Attachment 1,Attachment 2, and if needed, Attachment 3 with relevant documentation at time of bid with bid submittal. 4. Additional factors in Review of Good Faith Efforts: In evaluating your Good Faith Efforts, the County may also consider the success other Bidder/Offerors that have responded to the solicitation have had in meeting the DBE Goal. 5. Opportunity to Cure-The Airport's Disadvantage Business Enterprise Liaison Officer(DBELO) shall review your bid/offer. If the DBELO discerns your intent to meet the DBE Goal, but determines that your response contains technical errors or requires further documentation, then the DBELO may provide you with three (3) business days to correct those errors or provide documentation. 6. Reconsideration of Lack of Good Faith Efforts - Within five (5) days of being informed by the Airport's DBELO that a bidder/offeror is not responsive because it has not documented sufficient good faith efforts, the bidder or proposer may request administrative reconsideration. The bidder or proposer must make this request in writing to the Director of Airports: Director of Airports Key West International Airport 3491 South Roosevelt Boulevard Key West, Florida 33040 Phone: (305) 809- 5210 Following the receipt of the request for reconsideration the Director of Airports shall review the request and shall either act as the Reconsideration Official or appoint a Reconsideration Official BIDDING REQUIREMENTS AND CONTRACT FORMS I-30 3568 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual to act on her behalf. The Reconsideration Official will not have a role in the original determination that a bidder/offeror failed to meet the DBE goal or to document good faith efforts. As part of the reconsideration, the bidder or proposer will have the opportunity to provide written documentation or argument concerning the issue of whether it met the DBE goal or made adequate good faith efforts to do so. The bidder or proposer will have the opportunity to meet the Reconsideration Official in person to discuss the issue of whether it met the goal or made adequate good faith efforts. The Reconsideration Official will send the bidder or proposer a written decision on reconsideration no later than seven (7) days prior to the award of the contract, explaining the basis for finding that the bidder or proposer did or did not meet the DBE goal or make adequate good faith efforts. In the event a bidder or proposer protests the decision of the Reconsideration Official, the bidder or proposer must appear at the Board of County Commissioners meeting at which the approval of the award of contract is set to be heard. The bidder or proposer must submit a speaker's card and request to be heard on the matter. The bidder or proposer shall be given an opportunity to be heard before final award of the contract. The result of the reconsideration process is not administratively appealable to the Department of Transportation — Federal Aviation Administration (FAA). 7. DBE participation shall be counted in accordance with 49 CFR 26.55. 8. Nothing herein shall be construed to indicate that a higher level of certified DBE firm involvement above the stated DBE goal will give any person or entity that has responded to the solicitation or bid an advantage over other responders who have met the DBE goal or shown Good Faith Efforts, as determined by the County. BIDDING REQUIREMENTS AND CONTRACT FORMS I-31 3569 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION J DISADVANTAGED BUSINESS ENTERPRISE PROGRAM (THIS FORM IS DUE AT TIME OF BID) Contract DBEs must be certified by a member of the Florida Unified Certification Program (FUCP) at time of bid. A list of certified DBE firms is available in the FDOT's Business Directory, which can be accessed online at the following: htt s://www3b.dot.state.fl.us/Eaua1Oi)i)ortunityOfficeBusinessDirectory/ (As Required by Division III, Section 150 of the General Provisions) DBE Subcontractors Subcontract Work Item Dollar Value of Subcontract Names/Address Work Total Dollar Value of Subcontract Work $ Total Dollar Value of Basic Bid $ Total DBE Percent (Round to nearest 1/10 percent) % NOTE: The bidder must include with the bid proposal fully completed the Attachment 1 — 11Disadvantaged Business Enterprise (DBE)Utilization", and Attachment 2"Letter of Intent", and if needed Attachment 3-Application for Evaluation of Good Faith Effort to Meet DBE Goals shown on Division III —Section 150-07"Other Contract Provision". BIDDING REQUIREMENTS AND CONTRACT FORMS I-32 3570 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION K BIDDER'S AFFIDAVIT IN COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT (SECTION 553.60-553.64, FLORIDA STATUTES) STATE OF FLORIDA ) ) SS COUNTY OF MONROE ) BEFORE ME, the undersigned authority, personally appeared who, being duly sworn, deposes and says as follows: That he is the duly authorized representative of: (Name of Bidder) being its (Owner) (Partner) (President or other Corporate Officer) and as such, has full authority to execute this Bidder's Affidavit. 1. The full legal name and business address of the person or entity submitting this bid: 2. By submission of this bid and subsequent execution of this Contract, the undersigned bidder certifies that as successful bidder (Contractor) all trench excavation done within his control (by his own forces or by his subcontractors) shall be accomplished in strict adherence with OSHA Trench Safety Standards contained in 19 CFR, s.1926.650, Sub-part P, including all subsequent revisions or updates to these Standards as adopted by the Department of Labor and Employment Security. 3. The bidder acknowledges that included in the various items listed in the Schedule of Prices BIDDING REQUIREMENTS AND CONTRACT FORMS I-33 3571 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 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 D TOTAL: $ Signature of Authorized Representative: Title Date NOTARIAL JURAT STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC BIDDING REQUIREMENTS AND CONTRACT FORMS I-34 3572 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION L SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES This form must be signed and sworn to in the presence of a Notary Public or other official authorized to administer oaths. 1. This sworn statement is submitted with Bid, Proposal or Contract No. for 2. This sworn statement is submitted by (name of entity submitting sworn statement) whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is: (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 3. My name is and (please print name of individual signing) my relationship to the entity named above is 4. I understand that a "public entity crime", as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving anti-trust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation. 5. I understand that "convicted" or "conviction", as defined in Paragraph 287.133(1)(6), Florida Statutes, means a finding of guilt or a conviction of a public entity crime with or without an adjudication of guilt in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial or entry of a plea of guilty or nolo contendere. BIDDING REQUIREMENTS AND CONTRACT FORMS I-35 3573 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 6. 1 understand that an "affiliate", as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. 1 understand that a "person", as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) Neither the entity submitting this sworn statement nor any of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1 , 1989, AND (please indicate which additional statement applies) There has been a proceeding concerning the conviction before a Hearing Officer of the State of Florida, Division of Administrative Hearings. The Final Order entered by the Hearing Officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the Final BIDDING REQUIREMENTS AND CONTRACT FORMS I-36 3574 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The Final Order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the Final Order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) Signature of Authorized Representative: Title Date NOTARIAL JURAT STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC BIDDING REQUIREMENTS AND CONTRACT FORMS I-37 3575 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION M SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this Contract without liability and may also, in its discretion, deduct from the Contract or purchase price or otherwise recover the full amount of any fee, commission, percentage, gift or consideration paid to the former County officer or employee. (Signature) Date: NOTARIAL JURAT STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC BIDDING REQUIREMENTS AND CONTRACT FORMS I-38 3576 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION N CERTIFICATION OF NONSEGREGATED FACILITIES CONTRACT (As Required by Division III, Section 160 Subsection 160-02 Equal Employment Opportunity Requirements of the General Provisions) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control,where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, disability, sex, age, ancestry, marital status, familial status, sexual orientation, gender identity, expression or national origin, because of habit, local custom, or any other reason. The federally assisted construction agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods)he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that he will retain such certifications in his files Signature of Contractor Title BIDDING REQUIREMENTS AND CONTRACT FORMS I-39 3577 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION O FEDERAL WAGE DECISION "General Decision Number: FL20230147 01/06/2023 Superseded General Decision Number: FL20220147 State: Florida Construction Type: Highway County: Monroe County in Florida. HIGHWAY CONSTRUCTION PROJECTS 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) . lIf the contract is entered 1 . Executive Order 14026 1 linto on or after January 30, 1 generally applies to the 1 12022, or the contract is 1 contract. 1 ) renewed or extended (e.g. , an 1 . The contractor must pay 1 loption is exercised) on or 1 all covered workers at 1 lafter January 30, 2022 : 1 least $16 .20 per hour (or 1 I the applicable wage rate 1 I listed on this wage 1 I determination, if it is 1 I higher) for all hours 1 I spent performing on the 1 I contract in 2023. 1 I I I lIf the contract was awarded onl . Executive Order 13658 1 for between January 1, 2015 andl generally applies to the 1 1January 29, 2022, and the I contract. 1 ) contract is not renewed or 1 . The contractor must pay alll lextended on or after January 1 covered workers at least 1 130, 2022 : 1 $12 . 15 per hour (or the 1 I I applicable wage rate listed) I I on this wage determination, ) BIDDING REQUIREMENTS AND CONTRACT FORMS I-40 3578 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual if it is higher) for all hours spent performing on that contract in 2023 . I I I The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol .gov/whd/govcontracts . Modification Number Publication Date 0 01/06/2023 ELEC0349-002 09/01/2021 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 37 . 61 11 . 72 ---------------------------------------------------------------- SUFL2013-008 08/19/2013 Rates Fringes CARPENTER, Includes Form Work. . . .$ 11 . 95 ** 1 . 44 CEMENT MASON/CONCRETE FINISHER. . .$ 13. 65 ** 0 . 00 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine) . . . . .$ 12 . 70 ** 0 . 00 HIGHWAY/PARKING LOT STRIPING: Operator (Spray Nozzleman) . . . . . . .$ 13. 08 ** 0 . 00 INSTALLER - GUARDRAIL. . . . . . . . . . . .$ 14 . 44 ** 0 . 00 IRONWORKER, REINFORCING. . . . . . . . . .$ 13. 85 ** 0 . 00 LABORER (Traffic Control Specialist) . . . . . . . . . . . . . . . . . . . . . .$ 12 . 17 ** 1 . 71 LABORER: Asphalt, Includes BIDDING REQUIREMENTS AND CONTRACT FORMS I-41 3579 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Raker, Shoveler, Spreader and Distributor. . . . . . . . . . . . . . . . . . . . . .$ 13. 60 ** 0 . 00 LABORER: Common or General . . . . . .$ 11 . 96 ** 2 . 90 LABORER: Flagger. . . . . . . . . . . . . . . .$ 9. 87 ** 0 . 00 LABORER: Grade Checker. . . . . . . . . .$ 11 . 45 ** 0 . 00 LABORER: Landscape & Irrigation. . . . . . . . . . . . . . . . . . . . . . .$ 11 . 16 ** 0 . 00 LABORER: Pipelayer. . . . . . . . . . . . . .$ 12 . 68 ** 0 . 00 OPERATOR: Backhoe/Excavator/Trackhoe . . . . . . .$ 17 .20 0 . 00 OPERATOR: Bobcat/Skid Steer/Skid Loader. . . . . . . . . . . . . . . .$ 11 . 60 ** 0 . 00 OPERATOR: Broom/Sweeper. . . . . . . . .$ 10 . 89 ** 0 . 00 OPERATOR: Bulldozer. . . . . . . . . . . . .$ 13. 90 ** 0 . 00 OPERATOR: Crane . . . . . . . . . . . . . . . . .$ 17 . 83 0 . 00 OPERATOR: Forklift. . . . . . . . . . . . . .$ 11 . 03 ** 0 . 00 OPERATOR: Grader/Blade. . . . . . . . . .$ 16. 08 ** 0 . 00 OPERATOR: Loader. . . . . . . . . . . . . . . .$ 16.59 0 . 00 OPERATOR: Mechanic. . . . . . . . . . . . . .$ 13.55 ** 0 . 00 OPERATOR: Milling Machine . . . . . . .$ 13.23 ** 0 . 00 OPERATOR: Oiler. . . . . . . . . . . . . . . . .$ 12 . 61 ** 0 . 00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . .$ 18 . 17 0 . 00 OPERATOR: Roller. . . . . . . . . . . . . . . .$ 13.28 ** 2 .39 OPERATOR: Screed. . . . . . . . . . . . . . . .$ 15. 79 ** 0 . 00 OPERATOR: Trencher. . . . . . . . . . . . . .$ 16. 00 ** 0 . 00 TRAFFIC SIGNALIZATION: BIDDING REQUIREMENTS AND CONTRACT FORMS I-42 3580 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Traffic Signal Installation. . . . . .$ 19. 03 0 . 00 TRUCK DRIVER: Dump Truck. . . . . . . .$ 12 . 66 ** 0 . 00 TRUCK DRIVER: Lowboy Truck. . . . . .$ 14 . 94 ** 0 . 00 TRUCK DRIVER: Water Truck. . . . . . .$ 13. 05 ** 0 . 00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . ---------------------------------------------------------------- ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16 .20) or 13658 ($12 .15) . Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017 . If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https : //www.dol.gov/agencies/whd/government-contracts . 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 BIDDING REQUIREMENTS AND CONTRACT FORMS I-43 3581 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 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 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. BIDDING REQUIREMENTS AND CONTRACT FORMS I-44 3582 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Union Average Rate Identifiers Classification (s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014 . UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date 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 National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations . Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 BIDDING REQUIREMENTS AND CONTRACT FORMS I-45 3583 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 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" BIDDING REQUIREMENTS AND CONTRACT FORMS I-46 3584 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION P CERTIFICATION REGARDING DEBARTMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION -49 CFR PART 29 (Version 1, 5/90) The bidder/offerer certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligibility, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this cause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offerer/contractor any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. SIGNATURE OF CONTRACTOR TITLE BIDDING REQUIREMENTS AND CONTRACT FORMS I-47 3585 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION Q NON-COLLUSION AFFIDAVIT I, , of the city of according to law on my oath, and under penalty of perjury, depose and say that: 1) 1 am of the firm of the bidder making the bid proposal for the project described in the Notice for Calling for bids for: and that I executed the said proposal with full authority to do so: 2) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature of the Bidder) (Date) NOTARIAL JURAT STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. BIDDING REQUIREMENTS AND CONTRACT FORMS I-48 3586 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual NOTARY PUBLIC SECTION R TEXTING WHILE DRIVING In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 "Text Messaging While Driving" (12/30/2009), the FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub-grant. In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the 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. BIDDING REQUIREMENTS AND CONTRACT FORMS I-49 3587 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION S PROCUREMENT OF RECOVERED MATERIALS Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use of products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever: a) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or, b) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year. The list of EPA-designated items is available at www.epa.gov/epawaste/conserve/tools/cpg/products/. Section 6002(c) establishes exceptions to the preference for recovery of EPA- designated products if the contractor can demonstrate the item is: a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule; b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price. BIDDING REQUIREMENTS AND CONTRACT FORMS I-50 3588 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION T VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Respondent Vendor Name: Vendor FEIN: Vendor's Authorized Representative Name and Title: Address: City: State: Zip: Phone Number: Email Address: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Title: Note: The List are available at the following Department of Management Services Site: http://www.dms.myflorida.corn/business operations/state purchasing/vendor_information/convicted sus Mended—discriminatory complaints—vendor—lists BIDDING REQUIREMENTS AND CONTRACT FORMS I-51 3589 CONTRACT 3590 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK CONTRACT 11-2 3591 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual DIVISION II CONTRACT SECTION A - PUBLIC CONSTRUCTION BOND ........................................................................II-5 SECTION B - CERTIFICATE OF OWNER'S ATTORNEY (N/A) ..............................................II-15 SECTION C -ACKNOWLEDGMENT FOR CHANGE ORDERS...............................................II-17 SECTION D - CONTRACT .......................................................................................II-19 CONTRACT 11-3 3592 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK CONTRACT 11-4 3593 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION A PUBLIC CONSTRUCTION BOND By this Bond, We as Principal, whose principal business address is , as corporation, as Surety, are bound to Monroe County hereinafter called County, in the sum of U.S. Dollars $ (Minimum 100% of total bid amount) for payment which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1 . Performs the contract dated, 2023 between Principal and County for construction of Runway 9-27 Repairs the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract. 2. Promptly make payments to all claimants, as defined in Section 255.05 (1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, which is made a part of this bond by reference, and in the times and in the manner prescribed in the Contract; and 3. Pays the County all losses, damages, expenses, costs and attorney's fees, including appellate proceedings, that County sustains because of a failure by Principal under the Contract; and 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void; otherwise it remains in full force. This bond is subject to the provisions of Section 255.05, Florida Statues. Any changes in or under the Contract Documents and compliance or non-compliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Bond of contractor constructing public buildings; form; action by material men (Florida Statues-Section 255.05) (1)(a) Any person entering into a formal contract with the state or any county, city, or political subdivision thereof, or other public authority or private entity, for the construction of a public building, for the prosecution and completion of a public work, or for repairs upon a public building or public work shall be required, before commencing CONTRACT 11-5 3594 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual the work or before recommencing the work after a default or abandonment, to execute, deliver to the public owner, and record in the public records of the county where the improvement is located, a payment and performance bond with a surety insurer authorized to do business in this state as surety. A public entity may not require a contractor to secure a surety bond under this section from a specific agent or bonding company. The bond must state on its front page: the name, principal business address, and phone number of the contractor, the surety, the owner of the property being improved, and, if different from the owner, the contracting public entity; the contract number assigned by the contracting public entity; and a description of the project sufficient to identify it, such as a legal description or the street address of the property being improved, and a general description of the improvement. Such bond shall be conditioned upon the contractor's performance of the construction work in the time and manner prescribed in the contract and promptly making payments to all persons defined in s. 713.01_who furnish labor, services, or materials for the prosecution of the work provided for in the contract. Any claimant may apply to the governmental entity having charge of the work for copies of the contract and bond and shall thereupon be furnished with a certified copy of the contract and bond. The claimant shall have a right of action against the contractor and surety for the amount due him or her, including unpaid finance charges due under the claimant's contract. Such action shall not involve the public authority in any expense. At the discretion of the official or board awarding such contract when such work is done for any county, city, political subdivision, or public authority, any person entering into such a contract which is for $200,000 or less may be exempted from executing the payment and performance bond. In the event such exemption is granted, the officer or officials shall not be personally liable to persons suffering loss because of granting such exemption. Any provision in a payment bond furnished for public work contracts as provided by this subsection which restricts the classes of persons as defined in s. 713.01 protected by the bond or the venue of any proceeding relating to such bond is unenforceable. (b) The Department of Management Services shall adopt rules with respect to all contracts for $200,000 or less, to provide: 1. Procedures for retaining up to 10 percent of each request for payment submitted by a contractor and procedures for determining disbursements from the amount retained on a pro rata basis to laborers, material men, and subcontractors, as defined in s. 713.01. 2. Procedures for requiring certification from laborers, material men, and subcontractors, as defined in s. 713.01, prior to final payment to the contractor that such laborers, material men, and subcontractors have no claims against the contractor resulting from the completion of the work provided for in the contract. The state shall not be held liable to any laborer, material man, or subcontractor for any amounts greater than the pro rata share as determined under this section. (c)1. The amount of the bond shall equal the contract price, except that for a contract in excess of $250 million, if the state, county, municipality, political subdivision, or other public entity finds that a bond in the amount of the contract price is not reasonably available, the public owner shall set the amount of the bond at the largest amount reasonably available, but not less than $250 million. CONTRACT 11-6 3595 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 2. For construction-management or design-build contracts, if the public owner does not include in the bond amount the cost of design or other non-construction services, the bond may not be conditioned on performance of such services or payment to persons furnishing such services. Notwithstanding paragraph (a), such a bond may exclude persons furnishing such services from the classes of persons protected by the bond. (2)(a)1 . If a claimant is no longer furnishing labor, services, or materials on a project, a contractor or the contractor's agent or attorney may elect to shorten the prescribed time in this paragraph within which an action to enforce any claim against a payment bond provided pursuant to this section may be commenced by recording in the clerk's office a notice in substantially the following form: NOTICE OF CONTEST OF CLAIM AGAINST PAYMENT BOND To: (Name and address of claimant) You are notified that the undersigned contests your notice of nonpayment, dated and served on the undersigned on and that the time within which you may file suit to enforce your claim is limited to 60 days after the date of service of this notice. Dated On: Signed: (Contractor or Attorney) The claim of any claimant upon whom such notice is served and who fails to institute a suit to enforce his or her claim against the payment bond within 60 days after service of such notice shall be extinguished automatically. The clerk shall mail a copy of the notice of contest to the claimant at the address shown in the notice of nonpayment or most CONTRACT 11-7 3596 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual recent amendment thereto and shall certify to such service on the face of such notice and record the notice. Service is complete upon mailing. 2. A claimant, except a laborer, who is not in privity with the contractor shall, before commencing or not later than 45 days after commencing to furnish labor, services, or materials for the prosecution of the work, furnish the contractor with a written notice that he or she intends to look to the bond for protection. A claimant who is not in privity with the contractor and who has not received payment for his or her labor, services, or materials shall deliver to the contractor and to the surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time during the progress of the work or thereafter but not before 45 days after the first furnishing of labor, services, or materials, and not later than 90 days after the final furnishing of the labor, services, or materials by the claimant or, with respect to rental equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use. Any notice of nonpayment served by a claimant who is not in privity with the contractor which includes sums for retainage must specify the portion of the amount claimed for retainage. No action for the labor, materials, or supplies may be instituted against the contractor or the surety unless both notices have been given. Notices required or permitted under this section may be served in accordance with s. 713.18. A claimant may not waive in advance his or her right to bring an action under the bond against the surety. In any action brought to enforce a claim against a payment bond under this section, the prevailing party is entitled to recover a reasonable fee for the services of his or her attorney for trial and appeal or for arbitration, in an amount to be determined by the court, which fee must be taxed as part of the prevailing party's costs, as allowed in equitable actions. The time periods for service of a notice of nonpayment or for bringing an action against a contractor or a surety shall be measured from the last day of furnishing labor, services, or materials by the claimant and shall not be measured by other standards, such as the issuance of a certificate of occupancy or the issuance of a certificate of substantial completion. (b) When a person is required to execute a waiver of his or her right to make a claim against the payment bond in exchange for, or to induce payment of, a progress payment, the waiver may be in substantially the following form: WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (PROGRESS PAYMENT) The undersigned, in consideration of the sum of$ hereby waives its right to claim against the payment bond for labor, services, or materials furnished through insert CONTRACT 11-8 3597 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual date to (insert the name of your customer) on the job of (insert the name of the owner),_ for improvements to the following described project: Runway 9-27 Repairs This waiver does not cover any retention or any labor, services, or materials furnished after the date specified. DATED ON (Claimant) By: (c) When a person is required to execute a waiver of his or her right to make a claim against the payment bond, in exchange for, or to induce payment of, the final payment, the waiver may be in substantially the following form: WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (FINAL PAYMENT) The undersigned, in consideration of the final payment in the amount of $_ hereby waives its right to claim against the payment bond for labor, services, or materials furnished to (insert the name of your customer) on the job of (insert the name of the owner), for improvements to the following described project: Runway 9-27 Repairs DATED ON Claimant By: (d) A person may not require a claimant to furnish a waiver that is different from the forms in paragraphs (b) and (c). (e) A claimant who executes a waiver in exchange for a check may condition the waiver on payment of the check. CONTRACT 11-9 3598 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual (f) A waiver that is not substantially similar to the forms in this subsection is enforceable in accordance with its terms. (3) The bond required in subsection (1) may be in substantially the following form: PUBLIC CONSTRUCTION BOND Bond No. (enter bond number) BY THIS BOND, We , as Principal and a corporation, as Surety, are bound to , herein called Owner, in the sum of$ , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated , , between Principal and Owner for construction of , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON , (Name of Principal) By (As Attorney in Fact) (Name of Surety) (4) The payment bond provisions of all bonds required by subsection (1) shall be construed and deemed statutory payment bonds furnished pursuant to this section and such bonds shall not under any circumstances be converted into common law bonds. CONTRACT 11-10 3599 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual (5) In addition to the provisions of chapter 47, any action authorized under this section may be brought in the county in which the public building or public work is being constructed or repaired. This subsection shall not apply to an action instituted prior to May 17, 1977. (6) All payment bond forms used by a public owner and all payment bonds executed pursuant to this section by a surety shall make reference to this section by number and shall contain reference to the notice and time limitation provisions in subsection (2). (7) In lieu of the bond required by this section, a contractor may file with the state, county, city, or other political authority an alternative form of security in the form of cash, a money order, a certified check, a cashier's check, an irrevocable letter of credit, or a security of a type listed in part II of chapter 625. Any such alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the bond required by this section. The determination of the value of an alternative form of security shall be made by the appropriate state, county, city, or other political subdivision. (8) When a contractor has furnished a payment bond pursuant to this section, he or she may, when the state, county, municipality, political subdivision, or other public authority makes any payment to the contractor or directly to a claimant, serve a written demand on any claimant who is not in privity with the contractor for a written statement under oath of his or her account showing the nature of the labor or services performed and to be performed, if any; the materials furnished; the materials to be furnished, if known; the amount paid on account to date; the amount due; and the amount to become due, if known, as of the date of the statement by the claimant. Any such demand to a claimant who is not in privity with the contractor must be served on the claimant at the address and to the attention of any person who is designated to receive the demand in the notice to contractor served by the claimant. The failure or refusal to furnish the statement does not deprive the claimant of his or her rights under the bond if the demand is not served at the address of the claimant or directed to the attention of the person designated to receive the demand in the notice to contractor. The failure to furnish the statement within 30 days after the demand, or the furnishing of a false or fraudulent statement, deprives the claimant who fails to furnish the statement, or who furnishes the false or fraudulent statement, of his or her rights under the bond. If the contractor serves more than one demand for statement of account on a claimant and none of the information regarding the account has changed since the claimant's last response to a demand, the failure or refusal to furnish such statement does not deprive the claimant of his or her rights under the bond. The negligent inclusion or omission of any information deprives the claimant of his or her rights under the bond to the extent that the contractor can demonstrate prejudice from such act or omission by the claimant. The failure to furnish a response to a demand for statement of account does not affect the validity of any claim on the bond being enforced in a lawsuit filed before the date the demand for statement of account is received by the claimant. (9) On any public works project for which the public authority requires a performance and payment bond, suits at law and in equity may be brought and maintained by and CONTRACT 11-11 3600 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual against the public authority on any contract claim arising from breach of an express provision or an implied covenant of a written agreement or a written directive issued by the public authority pursuant to the written agreement. In any such suit, the public authority and the contractor shall have all of the same rights and obligations as a private person under a like contract except that no liability may be based on an oral modification of either the written contract or written directive. Nothing herein shall be construed to waive the sovereign immunity of the state and its political subdivisions from equitable claims and equitable remedies. The provisions of this subsection shall apply only to contracts entered into on or after July 1, 1999. (10) An action, except an action for recovery of retainage, must be instituted against the contractor or the surety on the payment bond or the payment provisions of a combined payment and performance bond within 1 year after the performance of the labor or completion of delivery of the materials or supplies. An action for recovery of retainage must be instituted against the contractor or the surety within 1 year after the performance of the labor or completion of delivery of the materials or supplies; however, such an action may not be instituted until one of the following conditions is satisfied: (a) The public entity has paid out the claimant's retainage to the contractor, and the time provided under s. 218.735 or s. 255.073(3) for payment of that retainage to the claimant has expired; (b) The claimant has completed all work required under its contract and 70 days have passed since the contractor sent its final payment request to the public entity; or (c) At least 160 days have passed since reaching substantial completion of the construction services purchased, as defined in the contract, or if not defined in the contract, since reaching beneficial occupancy or use of the project. (d) The claimant has asked the contractor, in writing, for any of the following information and the contractor has failed to respond to the claimant's request, in writing, within 10 days after receipt of the request: 1. Whether the project has reached substantial completion, as that term is defined in the contract, or if not defined in the contract, if beneficial occupancy or use of the project has occurred. 2. Whether the contractor has received payment of the claimant's retainage, and if so, the date the retainage was received by the contractor. 3. Whether the contractor has sent its final payment request to the public entity, and if so, the date on which the final payment request was sent. If none of the conditions described in paragraph (a), paragraph (b), paragraph (c), or paragraph (d) is satisfied and an action for recovery of retainage cannot be instituted within the 1-year limitation period set forth in this subsection, this limitation period shall be extended until 120 days after one of these conditions is satisfied. CONTRACT 11-12 3601 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Principal agrees to record this Bond in the Official Records for Monroe County before the commencement of the work subject of this Bond. Dated on: PRINCIPAL: Address: By: As Attorney-in-Fact SURETY: Address: Claims against this Bond are subject to the notice and time provisions set forth in Section 255.05, Florida Statutes. In accordance with the provisions of Section 255.05, Florida Statutes, the Contractor shall provide to the County a hundred (100) percent Performance Bond and a hundred (100) percent Labor and Material Payment Bond each in an amount not less than the total construction cost. To be acceptable to the County as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety Company shall comply with the following provisions: 1. The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida. 2. The Surety Company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. 3. The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code. 4. The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued. CONTRACT 11-13 3602 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 5. If the Contract Award Amount exceeds Five Hundred Thousand ($500,000), the Surety Company shall also comply with the following provisions: A. The Surety Company shall have at least the following minimum ratings in the latest issue of Best's Key Rating Guide. POLICYHOLDER'S REQUIRED CONTRACT AMOUNT RATING FINANCIAL RATING $ 500,000 TO 1,000,000 A- CLASS 1 $1,000,000 TO 2,000,000 A- CLASS 11 $2,000,000 TO 5,000,000 A- CLASS III $5,000,000 TO 10,000,000 A- CLASS IV $10,000,000 TO 25,000,000 A- CLASS V $25,000,000 TO 50,000,000 A- CLASS V $50,000,000 TO 100,000,000 A- CLASS V II $50,000,000 TO 100,000,000 A- CLASS VII B. The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten (10) percent of its surplus to policyholders, provided: (a) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state have been met. (b) In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co- surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted. CONTRACT 11-14 3603 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual S E C T I O N B CERTIFICATE OF OWNER'S ATTORNEY THIS SECTION IS NOT INCLUDED CONTRACT 11-15 3604 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK CONTRACT 11-16 3605 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual S E C T I O N C ACKNOWLEDGMENT FOR CHANGE ORDERS TO: Monroe County Board of Commissioners Key West, Florida REF: Runway 9-27 Repairs Key West International Airport Gentlemen: In order to avoid the necessity of extensive amendments to the referred contract, the undersigned acknowledges hereby that the following conditions are those for which change orders are allowed under the Bid Law: 1 . Unusual and difficult circumstances which arose during the course of the execution of the contract which could not have been reasonably foreseen. 2. Where competitive bidding for the new work for new money will work to the serious detriment of the awarding authority. 3. Emergencies arising during the course of the work. 4. Changes or alterations provided for in the original bid and originals contract Contractor By: Title: CONTRACT 11-17 3606 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK CONTRACT 11-18 3607 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual S E C T I O N D CONTRACT Runway 9-27 Repairs Key West International Airport THIS AGREEMENT made and entered into the day of by and between Contractor, and the Monroe County Board of Commissioners, Key West, Florida, Owner. WITNESSETH: That the Contractor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows: 1. That the Contractor, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated documents; Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: Runway 9-27 Repairs Key West International Airport Monroe County, Florida 2. That the Contractor shall commence the work to be performed under this agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder within sixty(60) calendar days from the Notice-to- Proceed (Construction) as per Special Provision No. 2. 3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the agreement, subject to additions and deductions as provided in the contract documents the Contract Lump sum of ----------------------------------------------------Dollars 4. On or before the 15th day of each calendar month, the Owner shall make partial payment to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor. County shall pay in accordance with the Florida Local Government Prompt Payment Act. Each Application for Payment shall be based upon the Schedule of Values for the project. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Airports may require. This schedule, unless objected to by the Director of Airports, shall be used as a basis for reviewing the Contractor's Applications for Payment. Applications for Payment shall indicate the CONTRACT 11-19 3608 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work, less retainage of ten percent 10%. Payment will be made after delivery and inspection by County and upon submission of invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. 5. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within twenty (20) days after the completion by the Contractor of all work covered by this agreement and the acceptance of such work by the Owner. 6. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the Owner may retain the amounts described in the Liquidated Damages, Special Provision No. 3, per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the Owner will have sustained per day by failure of the Contractor to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the Owner will have sustained in the event of such default by the Contractor. 7. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense within five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 8. MAINTENANCE OF RECORDS: Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each CONTRACT 11-20 3609 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual other party to this Agreement for public records purposes during the term of the Agreement and for seven years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the County. 9. PUBLIC ACCESS. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall 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 CONTRACT 11-21 3610 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, RADLEY- RIAN ONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. 10. HOLD HARMLESS AND INSURANCE: The successful Respondent shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of , or in connection with a violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Respondent or any of its employees, agents, contractors or other invitees during the term of the Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or omissions, or other wrongful act or omission of Respondent or any of its employees, agents, sub-contractors or other invitees, or (C) Respondent's default in respect of any of the obligations that it undertakes under the terms the Agreement, except CONTRACT 11-22 3611 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Respondent). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of the Agreement, this provision will survive the expiration of the term of the Agreement or any earlier termination of the Agreement. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. 11. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 12. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 13. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: CONTRACT 11-23 3612 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual FOR COUNTY: (FILL IN) Key West, Florida 33041 FOR CONTRACTOR: 14. GOVERNING LAW, VENUE, AND INTERPRETATION: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe COUNTY, Florida. 15. MEDIATION: The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 16. SEVERABILITY: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 17. ATTORNEY'S FEES AND COSTS: COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. CONTRACT 11-24 3613 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 19. COOPERATION: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 20. BINDING EFFECT: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 21. AUTHORITY: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 22. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 23. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 24. NON-RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or CONTRACT 11-25 3614 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 25. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 26. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and COUNTY and CONTRACTOR hereto may execute this Agreement by signing any such counterpart. 27. NON-DISCRIMINATION: Contractor agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VIII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VI I I of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CONTRACT 11-26 3615 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and date first above written in two (2) counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original contract. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman CONTRACTOR By: Title: NOTARIAL JURAT STATE OF: COUNTY OF: 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 *Who is authorized by the corporation to execute this contract. CONTRACT 11-27 3616 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK CONTRACT 11-28 3617 GENERAL PROVISIONS 3618 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-2 3619 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual D IV IS I ON I I I GENERAL PROVISIONS SECTION 10 - DEFINITION OF TERMS................................................................................... III-5 SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS...................................... III-13 SECTION 30 -AWARD AND EXECUTION OF CONTRACT................................................. III-17 SECTION 40 - SCOPE OF WORK.......................................................................................... III-19 SECTION 50 - CONTROL OF WORK..................................................................................... III-23 SECTION 60 - CONTROL OF MATERIALS........................................................................... III-31 SECTION 70 - LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC .................... III-35 SECTION 80 - PROSECUTION AND PROGRESS................................................................ III-47 SECTION 90 - MEASUREMENT AND PAYMENT................................................................. III-55 SECTION 100 - NUCLEAR GAUGES (OMMITTED).............................................................. III-63 SECTION 110 - SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION ............. III-65 SECTION 120 - GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS.................................... III-67 SECTION 130 - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM ....................... III-77 SECTION 140 - CONSTRUCTION CONTRACT CLAUSES AIRPORT IMPROVEMENT PROGRAM............................................................... III-97 SECTION 150 - BUY AMERICAN PREFERENCES.............................................................III-125 GENERAL PROVISIONS III-3 3620 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-4 3621 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual DIVISION III - GENERAL PROVISIONS S E C T I O N 1 0 DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the Contract, in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows: Paragraph Term Definition Number 10-01 AASHTO The American Association of State Highway and Transportation Officials. 10-02 Access Road The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public roadway. 10-03 Advertisement A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 Airport Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft; an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; airport buildings and facilities located in any of these areas, and a heliport. 10-05 Airport Improvement A grant-in-aid program, administered by the Program AIP Federal Aviation Administration (FAA). 10-06 Air Operations Area The term air operations area (AOA) shall mean (AOA) any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10-07 Apron Area where aircraft are parked, unloaded or loaded, fueled and/or serviced. 10-08 ASTM International Formerly known as the American Society for ASTM Testing and Materials ASTM . 10-09 Award The Owner's notice to the successful bidder of the acceptance of the submitted bid. 10-09.5 Barging Using a barge, or boat type of transport method, to relocate material and or equipment, as intended per contract documents. 10-10 Bidder Any individual, partnership, firm, or corporation, GENERAL PROVISIONS III-5 3622 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Paragraph Term Definition Number acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. 10-11 Building Area An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights-of-way together with all airport buildings and facilities located thereon. 10-12 Calendar Day Every day shown on the calendar. 10-13 Certificate of Analysis The COA is the manufacturer's Certificate of (COA) Compliance (COC) including all applicable test results required by the specifications. 10-14 Certificate of The manufacturer's certification stating that Compliance (COC) materials or assemblies furnished fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer's authorized representative. 10-15 Change Order A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for work within the scope of the contract and necessary to complete the project. 10-16 Contract A written agreement between the Owner and the Contractor that establishes the obligations of the parties including but not limited to performance of work, furnishing of labor, equipment and materials and the basis of payment. The awarded contract includes but may not be limited to: Advertisement, Contract form, Proposal, Performance bond, payment bond, General provisions, certifications and representations, Technical Specifications, Plans, Supplemental Provisions, standards incorporated by reference and issued addenda. 10-17 Contract Item (Pay A specific unit of work for which a price is provided Item) in the contract. 10-18 Contract Time The number of calendar days or working days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date. 10-19 Contractor The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all GENERAL PROVISIONS III-6 3623 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Paragraph Term Definition Number legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work. 10-20 Contractors Quality The Contractor's QC facilities in accordance with Control QC Facilities the Contractor Quality Control Program CQCP . 10-21 Contractor Quality Details the methods and procedures that will be Control Program taken to assure that all materials and completed (CQCP) construction required by the contract conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. 10-22 Control Strip A demonstration by the Contractor that the materials, equipment, and construction processes results in a product meeting the requirements of the specification. 10-23 Construction Safety The overall plan for safety and phasing of a and Phasing Plan construction project developed by the airport (CSPP) operator, or developed by the airport operator's consultant and approved by the airport operator. It is included in the invitation for bids and becomes art of the project specifications. 10-24 Drainage System The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area. 10-25 Engineer The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for engineering, inspection, and/or observation of the contract work and acting directly or through an authorized representative. 10-26 Equipment All machinery, together with the necessary supplies for upkeep and maintenance; and all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-27 Extra Work An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Owner's Engineer or Resident Project Representative (RPR) to be necessary to complete the work within the intended scope of the contract as previousl modified. 10-28 FAA The Federal Aviation Administration. When used to designate a person, FAA shall mean the Administrator or their duly authorized representative. GENERAL PROVISIONS III-7 3624 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Paragraph Term Definition Number 10-29 Federal Specifications The federal specifications and standards, commercial item descriptions, and supplements, amendments, and indices prepared and issued by the General Services Administration. 10-30 Force Account a. Contract Force Account- A method of payment that addresses extra work performed by the Contractor on a time and material basis. b. Owner Force Account- Work performed for the project by the Owner's employees. 10-31 Intention of Terms Whenever, in these specifications or on the plans, the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer and/or Resident Project Representative (RPR) is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer and/or RPR, subject in each case to the final determination of the Owner. Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference. 10-32 Lighting A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface. 10-33 Major and Minor A major contract item shall be any item that is Contract Items listed in the proposal, the total cost of which is equal to or greater than 20% of the total amount of the award contract. All other items shall be considered minor contract items. 10-34 Materials Any substance specified for use in the construction of the contract work. 10-35 Modification of Any deviation from standard specifications Standards (MOS) applicable to material and construction methods in accordance with FAA Order 5300.1. 10-36 Notice to Proceed A written notice to the Contractor to begin the GENERAL PROVISIONS III-8 3625 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Paragraph Term Definition Number (NTP) actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. 10-37 Owner The term "Owner' shall mean the party of the first part or the contracting agency signatory to the contract. Where the term "Owner' is capitalized in this document, it shall mean airport Sponsor only. The Owner for this project is Monroe County. 10-38 Passenger Facility Per 14 Code of Federal Regulations (CFR) Part Charge (PFC) 158 and 49 United States Code (USC) § 40117, a PFC is a charge imposed by a public agency on passengers enplaned at a commercial service airport it controls. 10-39 Pavement Structure The combined surface course, base course(s), and subbase course(s), if any, considered as a single unit. 10-40 Payment bond The approved form of security furnished by the Contractor and their own surety as a guaranty that the Contractor will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-41 Performance bond The approved form of security furnished by the Contractor and their own surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract. 10-42 Plans The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the contract, supplementary to the specifications. Plans may also be referred to as 'contract drawings.' 10-43 Project The agreed scope of work for accomplishing specific airport development with respect to a articular airport. 10-44 Proposal The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the tans andspecifications. 10-45 Proposal guaranty The security furnished with a proposal to guarantee that the bidder will enter into a contract if their own proposal is accepted by the Owner. 10-46 Quality Assurance (QA) Owner's responsibility to assure that construction work completed complies with specifications for payment. GENERAL PROVISIONS III-9 3626 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Paragraph Term Definition Number 10-47 Quality Control (QC) Contractor's responsibility to control material(s) and construction processes to complete construction in accordance with project specifications. 10-48 Quality Assurance (QA) An authorized representative of the Engineer Inspector and/or Resident Project Representative (RPR) assigned to make all necessary inspections, observations, tests, and/or observation of tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. 10-49 Quality Assurance (QA) The official quality assurance testing laboratories Laboratory of the Owner or such other laboratories as may be designated by the Engineer or RPR. May also be referred to as Engineer's, Owner's, or QA Laboratory. 10-50 Resident Project The individual, partnership, firm, or corporation Representative (RPR) duly authorized by the Owner to be responsible for all necessary inspections, observations, tests, and/or observations of tests of the contract work performed or being performed, or of the materials furnished or being furnished by the Contractor, and acting directly or through an authorized representative. 10-51 Runway The area on the airport prepared for the landing and takeoff of aircraft. 10-52 Runway Safety Area A defined surface surrounding the runway (RSA) prepared or suitable for reducing the risk of damage to aircraft. See the construction safety and phasing plan CSPP for limits of the RSA. 10-53 Safety Plan Details how the Contractor will comply with the Compliance Document CSPP. SPCD 10-54 Specifications A part of the contract containing the written directions and requirements for completing the contract work. Standards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if included in the contract physically. 10-55 Sponsor A Sponsor is defined in 49 USC § 47102(24) as a public agency that submits to the FAA for an AIP grant; or a private Owner of a public-use airport that submits to the FAA an application for an AIP rant for the airport. 10-56 Structures Airport facilities such as bridges; culverts; catch GENERAL PROVISIONS III-10 3627 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Paragraph Term Definition Number basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 10-57 Sub grade The soil that forms the pavement foundation. 10-58 Superintendent The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the RPR, and who shall supervise and direct the construction. 10-59 Supplemental A written agreement between the Contractor and Agreement the Owner that establishes the basis of payment and contract time adjustment, if any, for the work affected by the supplemental agreement. A supplemental agreement is required if: (1) in scope work would increase or decrease the total amount of the awarded contract by more than 25%: (2) in scope work would increase or decrease the total of any major contract item by more than 25%; (3) work that is not within the scope of the originally awarded contract; or (4) adding or deleting of a major contract item. 10-60 Surety The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds that are furnished to the Owner by the Contractor. 10-61 Taxilane A taxiway designed for low speed movement of aircraft between aircraft parking areas and terminal areas. 10-62 Taxiway The portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport's runways, aircraft parking areas, and terminal areas. 10-63 Taxiway/Taxilane A defined surface alongside the taxiway prepared Safety Area (TSA) or suitable for reducing the risk of damage to an aircraft. See the construction safety and phasing Ian CSPP for limits of the TSA. 10-64 Work The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the contract, tans, andspecifications. 10-65 Working day A working day shall be any day other than a legal GENERAL PROVISIONS III-11 3628 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Paragraph Term Definition Number holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least six (6) hours toward completion of the contract. When work is suspended for causes beyond the Contractor's control, it will not be counted as a working day. Saturdays, Sundays and holidays on which the Contractor's forces engage in regular work will be considered as working days. END OF SECTION 10 GENERAL PROVISIONS III-12 3629 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual S E C T I O N 2 0 PROPOSAL REQUIREMENTS AND CONDITIONS 20-01 ADVERTISEMENT (Notice to Bidders). The owner, or his/her authorized agent, shall publish the advertisement at such places and at such times as are required by local law or ordinances. The published advertisement shall state the time and method for submitting sealed proposals; and instructions to bidders as to obtaining proposal forms, plans, and specifications. 20-02 PREQUALIFICATION OF BIDDERS. Each bidder shall furnish the owner satisfactory evidence of his/her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder's past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder shall furnish the owner satisfactory evidence of his/her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a statement or report of the bidder's financial resources and liabilities as of the last calendar year or the Contractor's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his/her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed, the bidder shall qualify the public accountant's statement or 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 a competitive solicitation packet. The plans specifications, and other documents designated in the competitive solicitation packet shall be considered a part of the competitive solicitation packet whether attached or not. GENERAL PROVISIONS III-13 3630 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 20-04 ISSUANCE OF PROPOSAL FORMS. The owner reserves the right to refuse to accept a bid proposal from a prospective bidder should such bidder be in default for any of the following reasons: A. Failure to comply with any prequalification regulations of the owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. B. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the owner) at the time the owner issues the proposal to a prospective bidder. C. Contractor default under previous contracts with the owner. D. Unsatisfactory work on previous contracts with the owner. 20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices. 20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans specifications, and contract forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications. Boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the owner's design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his/her examination of the boring logs and other records of subsurface investigations and tests that are furnished by the owner. 20-07 PREPARATION OF PROPOSAL. Bidder shall submit the bidders proposal in GENERAL PROVISIONS III-14 3631 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual electronic format (e-mail) only. The bidder shall submit his/her proposal and include the forms provided in the competitive solicitation packet issued by the owner. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals for which he proposes to do each pay item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an individual, his/her name and post office address must be shown. If made by a 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. In addition, until the award of contract is made, the owner reserves the right to reject any irregular proposal and the right to waive irregularities, technicalities or omissions if such waiver is in the best interest of the owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20-09 BID GUARANTEE. Each separate proposal shall be accompanied by a certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such check, or collateral, shall be made payable to the owner. GENERAL PROVISIONS III-15 3632 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be submitted electronically in accordance with the instructions set forth in Section B, Article 17 Instruction To Bidders. 20-11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the bidder's request for withdrawal is received by the owner in writing or by telegram before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids. 20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read, publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to appear. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be rejected. 20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for any of the following reasons: A. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name. B. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the owner until 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-16 3633 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual S E C T I O N 3 0 AWARD AND EXECUTION OF CONTRACT 30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder's proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in words shall govern. Until the award of a contract is made, the owner reserves the right to reject a bidder's proposal for any of the following reasons: A. If the proposal is irregular as specified in the subsection titled IRREGULAR PROPOSALS of Section 20. B. If the bidder is disqualified for any of the reasons specified in the subsection titled DISQUALIFICATION OF BIDDERS of Section 20. The owner reserves the right to reject any irregular proposal and the right to waive irregularities, technicalities or omissions if such waiver is in the best interest of the owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise. All such action s shall promote the owner's best interest. The owner also reserves the right to reject any and all bids at the owner's sole discretion, to waive informalities in any or all bids, to re-advertise for bids; and to separately accept or reject any item or items of bid and to award and/or negotiate a contract in the best interest of the County. 30-02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be made within 120 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. Award of the contract shall be made by the owner to the lowest, qualified bidder whose proposal conforms to the cited requirements of the owner. 30-03 CANCELLATION OF AWARD. The owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two lowest bidders will be retained by the owner GENERAL PROVISIONS III-17 3634 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual until such time as an award is made, at which time, the unsuccessful bidder's proposal guaranty will be returned. The successful bidder's proposal guaranty will be returned as soon as the owner receives the contracts bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section. 30-05 REQUIREMENTS OF CONTRACT BONDS.At the time of the execution of the contract, the successful bidder shall furnish the owner a surety bond or bonds which have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work. The surety and the form of the bond or bonds shall be acceptable to the owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract. 30-06 EXECUTION OF CONTRACT. Upon Notice of Intent to Award by the County, the Contractor shall fully execute, scan and return via email an electronic copy and then sign and deliver all two (2) originals of the Contract Agreement to the Owner or Owner's designee, with all other Contract Documents attached, including an original Insurance Certificate, and a certified copy of the recorded Public Construction Bond as soon as possible. 30-07 APPROVAL OF CONTRACT. Upon receipt of the contract along with all other Contract Documents attached, including an original Insurance Certificate, and a certified copy of the recorded Public Construction Bond, the owner shall complete the execution of the contract in accordance with local laws or ordinances, and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the owner's approval to be bound by the successful bidder's proposal and the terms of the contract. 30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15 calendar day period specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the owner. END OF SECTION 30 GENERAL PROVISIONS III-18 3635 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SEC T I ON 40 SCOPE OF WORK 40-01 INTENT OF CONTRACT. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 40-02 ALTERATION OF WORK AND QUANTITIES. The owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than 25 percent (total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations which do not exceed the 25 percent limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. These alterations which are for work within the general scope of the contract shall be covered by "Change Orders" issued by the Engineer. Change orders for altered work shall include extensions of contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of 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 Engineer may, in the owner's best interest, omit from the work any contract item, except major contract items. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement. GENERAL PROVISIONS III-19 3636 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Should a contract item be omitted or otherwise ordered to be non-performed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. 40-04 EXTRA WORK. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements, the same shall be called Extra Work. Extra work that is within the general scope of the contract shall be covered by written change order. Change orders for such extra work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Engineer's opinion, is necessary for completion of such extra work. When determined by the Engineer to be in the owner's best interest, he may order the Contractor to proceed with extra work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. Extra work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment of extra work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the owner. 40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's equipment and personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the airport with respect to his/her own operations and the operations of all his/her subcontractors as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. With respect to his/her own operations and the operations of all his/her subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying: personnel; equipment; vehicles; storage areas; and any work area or condition that may be hazardous to the operation of aircraft, fire-rescue equipment, or maintenance vehicles at the airport. When the contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor's performance of work that is otherwise provided for in the contract, plans, and specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required GENERAL PROVISIONS III-20 3637 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual to accommodate traffic. The Contractor shall furnish erect, and maintain barricades, warning signs, flagmen, and other traffic control devices in reasonable conformity with the manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office), unless otherwise specified herein. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise specified herein, the Contractor will not be required to furnish snow removal for such existing road, street, or highway. The Contractor shall make his/her own estimate of all labor, materials, equipment, and incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified in this subsection. The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be measured or paid for directly, but shall be included in the various contract items. 40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items. Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the contract. Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be utilized in the work as otherwise provided for in the contract and shall remain the property of the owner when so utilized in the work. 40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be either embankment or waste, he may at his/her option either: A. Use such material in another contract item, providing such use is approved by the Engineer and is in conformance with the contract specifications applicable to such use; or, B. Remove such material from the site, upon written approval of the Engineer; or GENERAL PROVISIONS III-21 3638 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual C. Use such material for his/her own temporary construction on site; or, D. Use such material as intended by the terms of the contract. Should the Contractor wish to exercise option A., B., or C., he shall request the Engineer's approval in advance of such use. Should the Engineer approve the Contractor's request to exercise option A., B., or C., the Contractor shall be paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at his/her own expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for his/her use of such material so used in the work or removed from the site. Should the Engineer approve the Contractor's exercise of option A., the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of his/her exercise of option A., B., or C. The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications. 40-08 FINAL CLEANING UP. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. He shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property owner. END OF SECTION 40 GENERAL PROVISIONS III-22 3639 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual S E C T I O N 5 0 CONTROL OF WORK 50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. He shall decide all questions which may arise as to the interpretation of the specifications or plans relating to the work, the fulfillment of the contract on the part of the Contractor, and the rights of different Contractors on the project. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for under the contract. 50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans or specifications. If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his/her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the owner, he will advise the owner of his/her determination that the affected work be accepted and remain in place. In this event, the Engineer will document his/her determination and recommend to the owner a basis of acceptance which will provide for an adjustment in the contract price for the affected portion of the work. The Engineer's determination and recommended contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in his/her opinion, needed. Changes in the contract price shall be covered by contract modifications (change order or supplemental agreement) as applicable. If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Engineer's right to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor's prosecution of the work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. GENERAL PROVISIONS III-23 3640 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Engineer with the authority to use good engineering judgment in his/her determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the contract, plans and specifications. For AIP contracts, the Engineer should advise the Sponsor if he accepts work that is not in "reasonably close conformity"to the Contract," Plans, Specifications. The Sponsor will in turn advise the FAA. Change orders or supplemental agreements must bear the written approval of the FAA. 50-03 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited FAA advisory circulars; contract general provisions shall govern over plans, cited standards for materials or testing, and cited FAA advisory circulars; plans shall govern over cited standards for materials or testing and cited FAA advisory circulars. The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his/her interpretation and decision, and such decision shall be final. 50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with two copies each of the plans and specifications. He shall have available on the work at all times one copy each of the plans and specifications. Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction. The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Engineer and his/her inspectors and with other contractors in every way possible. The Engineer shall allocate the work and designate the sequence of construction in case of controversy between contractors. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his/her agent on the work. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the Engineer or his/her authorized representative. 50-05 COOPERATION BETWEEN CONTRACTORS. The owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract. When separate contracts are let within the limits of any one project, each Contractor shall conduct his/her work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. GENERAL PROVISIONS III-24 3641 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Each Contractor involved shall assume all liability, financial or otherwise, in connection with his/her contract and shall protect and save harmless the owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange his/her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. He shall join his/her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish horizontal and vertical control only. The Contractor must establish all layout required for the construction of the work. Such stakes and markings as the Engineer may set for either his/her own or the Contractor's guidance shall be preserved by the Contractor. In case of negligence on the part of the Contractor, or his/her employees, resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the Contractor at the discretion of the Engineer. 50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is required to be operated automatically under the contract and a breakdown or malfunction of the automatic controls occurs, the equipment may be operated manually or by other methods for a period 48 hours following the breakdown or malfunction, provided this method of operations will produce results which conform to all other requirements of the contract. 50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the contract. Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor. Inspectors employed by the owner are authorized to notify the Contractor or his/her representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for his/her decision. 50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts GENERAL PROVISIONS III-25 3642 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized representative of the owner may be ordered removed and replaced at the Contractor's expense unless the owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) owner, authorized representatives of the owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no way interfere with the rights of the parties to this contract. 50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does not conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or as given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the owner) from any monies due or to become due the Contractor. 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage which may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of GENERAL PROVISIONS III-26 3643 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual the curing period. The Contractor shall be responsible for all damage done by his/her hauling equipment and shall correct such damage at his/her own expense. 50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. 50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Engineer may suspend any work necessary for the owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the owner, shall be deducted from monies due or to become due the Contractor. 50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the owner, he may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, he may accept it as being completed, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the owner shall not void or alter any provision of the contract. 50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire project, the Engineer and owner will make an inspection. If all construction provided for and contemplated by the contract is found to be completed in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the GENERAL PROVISIONS III-27 3644 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due him for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, he shall notify the Engineer in writing of his/her intention to claim such additional compensation before he begins the work on which he bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within 10 calendar days, submit his/her written claim to the Engineer who will present it to the owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. 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 Engineer, the following requirements must be satisfied by the Contractor before final payment can be made: 1. The Contractor must publicly advertise the NOTICE OF COMPLETION furnished by the Engineer a minimum of once a week for four consecutive weeks. 2. The Contractor must execute copies of CONTRACTOR'S AFFIDAVIT OF PAYMENT OF CLAIMS AND DEBTS. 3. The Contractor must have his Surety execute copies of CONSENT OF SURETY TO FINAL PAYMENT. GENERAL PROVISIONS III-28 3645 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 4. The Contractor must furnish a letter on his letterhead acknowledging that acceptance of final payment by the Contractor constitutes a waiver of all claims, present or future, in connection with this project. 5. The Contractor must furnish a written guarantee on his letterhead covering all defects in material and workmanship for a period of one year commencing on the date of final acceptance. 6. If any purchase items have been incorporated in the work, the Contractor must furnish a letter on his letterhead assigning those warranties to the OWNER. Copies of said warranties shall be bound in one binder and submitted along with the letter assignment. 7. In addition to the above, the Contractor shall provide all documents required in Special Provision No. 1, Section 25. 50-19 CONCEALED CONDITIONS. Should conditions be encountered below the surface of the ground or should concealed or unknown conditions in an existing structure vary to an unreasonable extent from the conditions indicated by the drawings and Specifications, the Engineer shall be notified by the Contractor and instructions shall be equitably adjusted upon claim of either party made within thirty (30) days after the first observation. The conditions shown on the drawings or attached to these Specifications, are presented only as information that is available indicating certain conditions found and limited to the exact locations and dates shown. Neither the Owner nor the Engineer shall be responsible for making the determination of water table variations prior to bidding and shall not assume that any water levels shown by the aforesaid core boring data will necessarily be maintained at the level indicated. 50-20 RECORD SET DRAWINGS. The Contractor shall, without additional cost, keep a separate copy of all Specifications, drawings, addenda, modifications, and shop drawings at the site in good order and annotated currently to show all changes made during the construction process. These shall be available to the Engineer for review of record information thereon each month prior to approval of monthly application for payment, and shall be delivered to him for the Owner upon completion of the Project. 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. GENERAL PROVISIONS III-29 3646 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual END OF SECTION 50 GENERAL PROVISIONS III-30 3647 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual S E C T I O N 6 0 CONTROL OF MATERIALS 60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials. At the Engineer's option, materials may be approved at the source of supply before delivery is stated. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that meets the requirements of the specifications; and is listed in AC 15015345-53, Airport Lighting Equipment Certification Program and Addendum, that is in effect on the date of advertisement. se.p{,�Ts to the Fequireme.pts of sited- materials, iR the plaRG OF GpeGifiGatiGRG Oho (�eritr�nter chAll F rriish 66Inh eq ipmept that is' o I=istpd ir, Cnn /�GIVOSOr„ GiFGUIar (AG) I5W5245 pFe„ed /Ai r Eq ipmeRt0 {F that is OR eent GR the date of adyertisemeRt•0 erg 0 $. ,P,rgd6lGed by the qualified (by FAA) to pFeduno 6--1crr s reniFiel•1 �rl•1 listel•1 elv i rmerit The FellE)W1 g alFp E)rt lightiRg el uipmeRt is requiFed Far this GE)Rtrant and is to he by the the FeqUmpp _QI I I DMA C IUT ISI n�E- CITED FAA SPEC ! FIG TIr' NS EFFECTIVE CAA AG OR APPROVAL LETTER FOR EQI IIDAAF=\IT AtQ AAAM IFAr-T-IJ RI=R 60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. All materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of AASHTO or ASTM which are current on the date of advertisement for bids will be made by and at the expense of the owner. Samples will be taken by a qualified representative of the owner. All materials being GENERAL PROVISIONS III-31 3648 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at his/her request. 60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. When a material or assembly is specified by "brand name or equal" and the Contractor elects to furnish the specified "brand name," the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: A. Conformance to the specified performance, testing, quality or dimensional requirements; and, B. Suitability of the material or assembly for the use intended in the contract work. Should the Contractor propose to furnish an "or equal" material or assembly, he shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole judge as to whether the proposed "or equal" is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for his/her acceptance of the material or assembly. Should the Engineer conduct plant inspections, the following conditions shall exist: A. The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials. GENERAL PROVISIONS III-32 3649 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual B. The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. C. If required by the Engineer, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to the plant. It is understood and agreed that the owner shall have the right to retest any material which has been tested and approved at the source of supply after it has been delivered to the site. The Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications. 60-05 REVIEW AND ACCEPTANCE OF MATERIALS. The Contractor shall furnish to the Engineer for review, all Contractor's, subcontractor's and manufacturer's drawings, which shall be deemed to include shop material lists and performance data, which may be required by the Specifications, requested by the Engineer or otherwise necessary for the proper execution of the work. At the time of each submission, the Contractor shall in writing call the Engineer's attention to any deviations that the shop drawings may have from the requirements of the Contract documents. Where called for, the Contractor shall furnish two samples of each material, texture, color, etc., clearly labeled as to name and quality of material, manufacturer and application on the job. No work requiring a shop drawing or sample submission shall be started until the submission has been reviewed by the Engineer. The Engineer's review of shop drawings or samples will not relieve the Contractor from his responsibility for any deviations from the requirements of the Contract documents unless the Contractor has in writing called for the Engineer's attention to such deviations at the time of submission and the Engineer has given written comments on the specific deviation, nor will it relieve the Contractor from errors or omissions in the shop drawings. 60-06 ENGINEER'S FIELD OFFICE AND LABORATORY. he G--o.p+ .r Shall frriich f9.F Oho Of 4ho PFgjeGt GRe 161ildiRg f9.F Oho Of Oho flolrl F=RgiReeFG and iRGpeGtE)FG, as a frield OffiGe. This FaGility shall be aR appFeyed-vea-the Fp Fe"f 161ildiRg m Rg 4ho rr 4 State Highway gp ifiGatiGR (fee example, Glass 1 ,Tee�;,,�-��s�,Te r���l�i�„�--Qpes�rrs�r—e�c rss� heat, air GE)Rdi4i.,riRg and eleGtFinity. Not required. 60-07 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the GENERAL PROVISIONS III-33 3650 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Engineer. Private property shall not be used for storage purposes without written permission of the owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property owner's permission. All storage sites on private or airport property shall be restored to their original condition by the Contractor at his/her entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property. 60-08 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the Engineer has approved its use in the work. Per Section 255.04, Florida Statutes, the use of asbestos or asbestos-based fiber materials is prohibited in any buildings, construction of which is commenced after September 30, 1983, which is financed with public funds or is constructed for the express purpose of being leased to any governmental entity. 60-09 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required to complete the work, except those specified herein (if any) to be furnished by the owner. Owner-furnished materials shall be made available to the Contractor at the location specified herein. All costs of handling, transportation from the specified location to the site of work, storage, and installing owner-furnished materials shall be included in the unit price bid for the contract item in which such owner-furnished material is used. After any owner-furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur during the Contractor's handling, storage, or use of such owner-furnished material. The owner will deduct from any monies due or to become due the Contractor any cost incurred by the owner in making good such loss due to the Contractor's handling, storage, or use of owner-furnished materials. END OF SECTION 60 GENERAL PROVISIONS III-34 3651 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SEC T I ON 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the owner and all his/her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his/her employees. 70-02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. 70-03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save harmless the owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work. 70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The owner reserves the right to authorize the construction, reconstruction, or maintenance of any p u b I i c or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the owner, such authorized work (by others) is indicated as follows: N/A (Lamer (Utility r)r Other FaGility) I E)GatiGR (Coo DlaR Sheet Ne ) DR-.-G39r, t9 r--GRtaGt (Name, Title, r✓Address 7h DhGRe Except as listed above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the Engineer. Should the owner of public or private utility service, FAA, or NOAA facility, or a utility GENERAL PROVISIONS III-35 3652 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such owners by arranging and performing the work in this contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. 70-05 FEDERAL AID PARTICIPATION. For AIP contracts, the United States Government has agreed to reimburse the owner for some portion of the contract costs. Such reimbursement is made from time to time upon the owner's (sponsor's) request to the FAA. In consideration of the United Sates Government's (FAA's) agreement with the owner, the owner has included provisions in this contract pursuant to the requirements of the Airport Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, and the Rules and Regulations of the FAA that pertain to the work. As required by the Act, the contract work is subject to the inspection and approval of duly authorized representatives of the Administrator, FAA, and is further subject to those provisions of the rules and regulations that are cited in the contract, plans, or specifications. No requirement of the Act, the rules and regulations implementing the Act, or this contract shall be construed as making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract. 70-06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his/her employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to his/her health or safety. 70-07 PUBLIC CONVENIENCE AND SAFETY.The Contractor shall control his/her operations and those of his/her subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to his/her own operations and those of his/her subcontractors and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter. GENERAL PROVISIONS III-36 3653 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 70-08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably illuminated. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office). When the work requires closing an air operations area of the airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 150/5340-1, Standards for Airport Markings. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stockpiles, and his/her parked construction equipment that may be hazardous to the operation of emergency fire-rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2, Operational Safety on Airports During Construction. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work which requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer. Open-flame type lights shall not be permitted within the air operations areas of the airport. 70-09 WORK ACCESS. Any haul roads, ditch crossings, storage areas, etc., that the Contractor may require shall be constructed and maintained at the Contractor's expense. The Contractor shall not use runways, taxiways or other paved areas on the air operations portions of the airport for access to and from the job site unless authorized by the Owner. No equipment or vehicles will be allowed on the air operations portions of the airport except as authorized by the Owner. Any runways, taxiways or other paved areas damaged by the Contractor's vehicles or equipment shall be repaired by the Contractor at no cost to the Owner. From time to time when required, the Contractor shall move Contractor's vehicles or equipment and men from along the edge of the runway/taxiway/apron to allow aircraft operations on the pavement. 70-10 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. GENERAL PROVISIONS III-37 3654 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and, in general, not closer than 1,000 feet (300 m) from the work or from any building, road, or other place of human occupancy. The Contractor shall notify each property owner and public utility company having structures or facilities in proximity to the site of the work of his/her intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. The use of electrical blasting caps shall not be permitted on or within 1,000 feet (300 m) of the airport property. 70-11 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer has witnessed or otherwise referenced their location and shall not move them until directed. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the work, resulting from any act, omission, neglect, or misconduct in his/her manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. 70-12 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the owner and their officers, and employees from all suits, actions, or claims of any character brought because of any injuries (including death) or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the "Workmen's Compensation Act," or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his/her contract as may be considered necessary by the owner for such purpose may be retained for the use of the owner or, in case no money is due, his/her surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory GENERAL PROVISIONS III-38 3655 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual evidence that he is adequately protected by public liability and property damage insurance. 70-13 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create in the public or any member thereof a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-14 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the owner prior to completion of the entire contract, such "phasing" of the work shall be specified herein and indicated on the plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. The Contractor shall make his/her own estimate of the difficulties involved in arranging his/her work to permit such beneficial occupancy by the owner as described below: N/A Phase or Description Required Date or Sequence of Owner's Beneficial Occupancy Work Shown on Plan Sheet Upon completion of any portion of the work listed above, such portion shall be accepted by the owner in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50. No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the owner shall be repaired by the Contractor at his/her expense. The Contractor shall make his/her own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the contract work. 70-15 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense. GENERAL PROVISIONS III-39 3656 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual If the work is suspended for any cause whatsoever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his/her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seeding, and sodding furnished under his/her contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-16 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control his/her operations to prevent the unscheduled interruption of such utility services and facilities. To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans and the owners are indicated as follows: N/A Utility Service or Facility Person to Contact (Name, Title, Address, & Phone) Owner's Emergency Contact (Phone) It is understood and agreed that the owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of his/her responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the owners of all utility services or other facilities of his/her plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition to the general written notification hereinbefore provided, it shall be the responsibility of the Contractor to keep such individual owners advised of changes in his/her plan of operations that would affect such owners. Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such owner of his/her plan of operation. If, in the Contractor's opinion, the owner's assistance is needed to locate the utility service or facility or the presence of a representative of the owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later GENERAL PROVISIONS III-40 3657 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the Engineer to suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet (90 cm) of such outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his/her operations whether or not due to negligence or accident. The contract owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his/her surety. 70-17 FURNISHING RIGHTS-OF-WAY. The owner will be responsible for furnishing all rights-of-way upon which the work is to be constructed in advance of the Contractor's operations. 70-18 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract provisions or in exercising any power or authority granted to him by this contract, there shall be no liability upon the Engineer, his/her authorized representatives, or any officials of the owner either personally or as an official of the owner. It is understood that in such matters they act solely as agents and representatives of the owner. 70-19 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or stop the owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the owner be precluded or stopped from recovering from the Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the contract. A waiver on the part of the owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the contract, shall be liable to the owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the owner's rights under any warranty or guaranty. GENERAL PROVISIONS III-41 3658 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 70-20 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumen, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. In the event of conflict between Federal, State or local laws, codes, ordinances, rules and regulations concerning pollution control, the most restrictive applicable ones shall apply. The Contractor shall pay special attention to the pollution control requirements of the several specifications. Work items which may cause excessive pollution and shall be closely controlled by the Contractor are: (a) Clearing, grubbing, burning or other disposal. (b) Stripping, excavation, and embankment. (c) Drainage and ditching. (d) Aggregate production, handling and placing. (e) Cement, lime or other stabilization. (f) Concrete and bituminous materials handling, production, and paving. (g) Seeding, fertilizing, mulching and use of herbicides or insecticides. (h) Contractor's own housekeeping items; haul roads; sanitary facilities; water supply; equipment fueling, servicing and cleaning; job clean up and disposal. When the Contractor submits his tentative progress schedule in accordance with PROSECUTION and PROGRESS, Section 80, he shall also submit for acceptance of the Engineer, his schedules for accomplishment of temporary and permanent erosion control work, as are applicable for clearing, grading, structures at watercourses, construction, and paving, and his proposed method of erosion control and methods of operations which shall be accepted by the Engineer. All bituminous and Portland cement concrete proportioning plants shall meet state requirements. The following listed stipulations shall apply to this Contract unless more restrictive ones are specified by the Plans, special provisions, laws, codes, ordinance, etc. Cost of pollution control shall be incidental to the appropriate work items unless otherwise specified. (1) Control of Water Pollution and Siltation. a. All work of water pollution and siltation control is subject to inspection by the local and/or state government enforcing agent. b. All applicable regulations of Fish and Wildlife agencies and statutes relating to the prevention and abatement of pollution shall be complied with in the performance of the Contract. c. Construction operations shall be conducted in such manner as to reduce erosion to the practicable minimum and to prevent damaging siltation of watercourses, streams, lakes or reservoirs. The surface area or erodible land, either on or off the airport site, exposed to the elements by clearing, grubbing or grading operations, including GENERAL PROVISIONS III-42 3659 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual gravel pits, waste or disposal areas and haul roads, at any one time, for this Contract, shall be subject to approval of the Engineer and the duration of such exposure prior to final trimming and finishing of the areas shall have full authority to order the suspension of grading and other operations pending adequate and proper performance of trimming, finishing and maintenance work or to restrict the area of erodible land exposed to the elements. d. Materials used for permanent erosion control measures shall meet the requirements of the applicable Specifications. Gravel or stone, consisting of durable particles of rock and containing only negligible quantities of fines, shall be used for construction pads, haul roads and temporary roads in or across streams. e. Where called for on the Plans, a stilling basin shall be constructed to prevent siltation in the stream from construction operations. f. The disturbance of lands and waters that are outside the limits of construction as staked is prohibited, except as found necessary and approved by the Engineer. g. The Contractor shall conduct his work in such manner as to prevent the entry of fuels, oils, bituminous materials, chemicals, sewage or other harmful materials into streams, rivers, lakes or reservoirs. h. Water from aggregate washing or other operations containing sediment shall be treated by filtration, by use of a settling basin or other means to reduce the sediment content to a level acceptable to the local and/or state governmental enforcing agent. i. All waterways shall be cleared as soon as practicable of false work, piling, debris or other obstructions placed during construction operations and not a part of the finished work. Care shall be taken during construction and removal of such barriers to minimize the muddying of a stream. j. The Contractor shall care for the temporary erosion and siltation control measures during the period that the temporary measures are required and for the permanent erosion control measures until the Contract has been completed and accepted. Such care shall consist of the repair of areas damaged by erosion, wind, fire or other causes. k. Permanent and temporary erosion control work that is damaged due to the Contractor's operations or where the work required is attributed to the Contractor's negligence, carelessness or failure to install permanent controls at the proper time, shall be repaired at the Contractor's expense. (2) Open Burning of Combustible Wastes. a. The Contractor shall obtain a burning permit from local authorities, where applicable, prior to any burning. GENERAL PROVISIONS III-43 3660 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual b. All burning shall conform to the conditions of the permit, except that the conditions herein shall apply if they are more restrictive. C. No tires, oils (except atomize fuels applied by approved equipment), asphalt, paint, or coated metals shall be permitted in combustible waste piles. d. Burning will not be permitted within 1,000 feet of a residential or built-up area nor within 100 feet of any standing timber or flammable growth unless otherwise specified. e. Burning shall not be permitted unless the prevailing wind is away from a nearby town or built-up area. f. Burning shall not be permitted during a local air inversion or other climatic condition as would result in a pall of smoke over a nearby town or built-up area. g. Burning shall not be permitted when the danger of brush of forest fires is made known by Federal, State, or local officials. h. The size and number of fires shall be restricted to avoid the danger or brush or forest fires. Burning shall be done under surveillance of a watchman who shall have fire-fighting equipment and tools readily available. (3) Control of Other air Pollutants. a. Minimum possible areas of open grading, borrow or aggregate excavation shall be exposed at one time, consistent with the progress of the Work. b. Grading areas shall be kept at proper moisture conditions. C. Sand or dust blows shall be temporarily mulched, with or without seeding, or otherwise controlled with stabilizing agents. d. Temporary roads, haul routes, traffic or work areas shall be stabilized with dust palliative, penetration asphalt, wood chips, or other approved measures to prevent dust pollution. e. Cements, fertilizers, chemicals, volatiles, etc., shall be stored in proper containers or with proper coverings to prevent accidental discharge into the air. f. Aggregates bins, cement bins, and dry material batch trucks shall be properly covered to prevent loss of material to the air. g. Drilling, grinding and sand blasting apparatus shall be equipped with GENERAL PROVISIONS III-44 3661 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual water, chemical, or vacuum dust controlling systems. h. Applications of chemicals and bitumens shall be held to recommended rates. I. Bituminous mixing plants shall be equipped with dust collectors as noted in the Specifications. j. Quarrying, batching, and mixing operations and the transfer of material between trucks, bins, or stockpiles shall be properly controlled to minimize dust diffusion. k. When necessary, certain operations shall be delayed until proper wind or climatic conditions exist to dissipate or inhibit potential pollutants to the satisfaction of the Engineer. 70-21 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his/her operations, any building, part of a building, structure, or object which is incongruous with its surroundings, he shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and will direct the Contractor to either resume his/her operations or to suspend operations as directed. Should the Engineer order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract modification (change order or supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If appropriate, the contract modification shall include an extension of contract time in accordance with the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. 70-22 INSURANCE. The Contractor shall not commence work under this Contract until he has obtained and provided insurance of the character specified in the special provisions which will provide adequate protection to the Owner and the Contractor against all liabilities, damages and accidents, nor shall he commence work until such insurance has been approved by the Owner. Neither approval by the Owner, nor a failure to disapprove insurance furnished by a Contractor shall release the Contractor of full responsibility for liability, damages and accidents as set forth herein. The Contractor shall maintain such required insurance in force during the life of this Contract, and no modification or change in insurance coverage and provisions shall be made without thirty (30) days written advance notice to the Owner. GENERAL PROVISIONS III-45 3662 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual The Contractor shall furnish certificates of insurance to the Owner prior to commencing any operations under this Contract, which certificates shall clearly indicate that the Contractor has obtained insurance, in this type, amount and classification, in strict compliance with this subsection. 70-23 SUBMITTAL OF WAGE RATE SUMMARY. It shall be a condition of this Contract and shall be made a condition of all Sub-contract entered into pursuant to this Contract, that the Contractor and any Sub-Contractor will submit to the Owner weekly, one copy of the Summary of Wage Rates. END OF SECTION 70 GENERAL PROVISIONS III-46 3663 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION 80 PROSECUTION AND PROGRESS 80-01 SUBLETTING OF CONTRACT. The owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. Should the Contractor elect to assign his/her contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the owner, and shall be consummated only on the written approval of the owner. In case of approval, the Contractor shall file copies of all subcontracts with the Engineer. 80-02 PRE-CONSTRUCTION CONFERENCE. After the award of the Contract and prior to the issuance of the"Notice to Proceed", a conference will be held to discuss the "Notice to Proceed" date, to establish procedures for handling shop drawings and other submissions and for processing applications for payment, and to establish a working understanding between the parties as to the project. 80-03 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the Engineer in the written notice to proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction operations will begin. 80-04 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit his/her progress schedule for the Engineer's approval within 10 days after the effective date of the notice to proceed. The Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the contract time and modify his/her operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. For AIP contracts, the Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the owner. 80-05 LIMITATION OF OPERATIONS. The Contractor shall control his/her operations and the operations of his/her subcontractors and all suppliers so as to provide for the free and GENERAL PROVISIONS III-47 3664 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport. When the work requires the Contractor to conduct his/her operations within an AIR OPERATIONS AREA of the airport, the work shall be coordinated with airport management (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an AIR OPERATIONS AREA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70. When the contract work requires the Contractor to work within an AIR OPERATIONS AREA of the airport on an intermittent basis (intermittent opening and closing of the AIR OPERATIONS AREA), the Contractor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the AIR OPERATIONS AREA; immediately obey all instructions to resume work in such AIR OPERATIONS AREA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AIR OPERATIONS AREA until the satisfactory conditions are provided. The following AIR OPERATIONS AREA (AOA) cannot be closed to operating aircraft to permit the Contractor's operations on a continuous basis and will therefore be closed to aircraft operations intermittently as follows: AOA TIME PERIODS AOA CAN BE CLOSED TYPE OF COMMUNICATIONS REQUIRED WHEN WORKING IN AN AOA CONTROL AUTHORITY N/A 80-06 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. All equipment which is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet the requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use. GENERAL PROVISIONS III-48 3665 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans, and specifications. When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the contract, he may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection. 80-07 TEMPORARY SUSPENSION OF THE WORK. The Engineer shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract. In the event that the Contractor is ordered by the Engineer, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the Engineer's order to suspend work to the effective date of the Engineer's order to resume the work. Claims for such compensation shall be filed with the Engineer within the time period stated in the Engineer's order to resume work. The Contractor shall submit with his/her claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim to the owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Contractor, or for any other delay provided for in the contract, plans, or specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or GENERAL PROVISIONS III-49 3666 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport. 80-08 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working days allowed for completion of the work shall be stated in the proposal and contract and shall be known as the CONTRACT TIME. Should the contract time require extension for reasons beyond the Contractor's control, it shall be adjusted as follows: A. CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer. The Engineer will furnish the Contractor a copy of his/her weekly statement of the number of working days charged against the contract time during the week and the number of working days currently specified for completion of the contract (the original contract time plus the number of working days, if any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). The Engineer shall base his/her weekly statement of contract time charged on the following considerations: 1 ) No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least 6 hours with the normal work force employed on such principal item. Should the normal work force be on a double-shift, 12 hours shall be used. Should the normal work force be on a triple- shift, 18 hours shall apply. Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered by the Engineer for reasons not the fault of the Contractor, shall not be charged against the contract time. 2) The Engineer will not make charges against the contract time prior to the effective date of the notice to proceed. 3) The Engineer will begin charges against the contract time on the first working day after the effective date of the notice to proceed. 4) The Engineer will not make charges against the contract time after the date of final acceptance as defined in the subsection titled FINAL ACCEPTANCE of Section 50. 5) The Contractor will be allowed 1 week in which to file a written protest setting forth his/her objections to the Engineer's weekly GENERAL PROVISIONS III-50 3667 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor. The contract time (stated in the proposal) is based on the originally estimated quantities as described in the subsection titled INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the satisfactory completion of the contract require performance of work in greater quantities than those estimated in the proposal, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in contract time shall not consider either the cost of work or the extension of contract time that has been covered by change order or supplemental agreement and shall be made at the time of final payment. B. CONTRACT TIME based on CALENDAR DAYS shall consist of the number of calendar days stated in the contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and nonwork days. All calendar days elapsing between the effective dates of the Engineer's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. At the time of final payment, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the contract time shall not consider either cost of work or the extension of contract time that has been covered by a change order or supplemental agreement. Charges against the contract time will cease as of the date of final acceptance. C. When the contract time is a specified completion date, it shall be the date on which all contract work shall be substantially completed. If the Contractor finds it impossible for reasons beyond his/her control to complete the work within the contract time as specified, or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the contract time as extended, make a written request to the Engineer for an extension of time setting forth the reasons which he believes will justify the granting of his/her request. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may extend the time for completion in such amount as the conditions justify. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion. 80-09 FAILURE TO COMPLETE ON TIME. For each calendar day or working day, as specified in the contract, that any work remains uncompleted after the contract time GENERAL PROVISIONS III-51 3668 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual (including all extensions and adjustments as provided in the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum specified in the contract and proposal as liquidated damages will be deducted from any money due or to become due the Contractor or his/her surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages that will be incurred by the owner should the Contractor fail to complete the work in the time provided in his/her contract. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the owner of any of its rights under the contract. 80-10 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the owner to terminate the contract for any of the following reasons if the Contractor: A. Fails to begin the work under the contract within the time specified in the "Notice to Proceed," or B. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the contract, or C. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or D. Discontinues the prosecution of the work, or E. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or F. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or G. Allows any final judgment to stand against him unsatisfied for a period of 10 days, or H. Makes an assignment for the benefit of creditors, or I. For any other cause whatsoever, fails to carry on the work in an acceptable manner. Should the Engineer consider the Contractor in default of the contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the GENERAL PROVISIONS III-52 3669 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Contractor's surety as to the reasons for considering the Contractor in default and the owner's intentions to terminate the contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the owner the amount of such excess. 80-11 TERMINATION FOR NATIONAL EMERGENCIES. The owner shall terminate the 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 Engineer. Termination of the contract or a portion thereof shall neither relieve the Contractor of his/her responsibilities for the completed work nor shall it relieve his/her surety of its obligation for and concerning any just claim arising out of the work performed. END OF SECTION 80 GENERAL PROVISIONS III-53 3670 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-54 3671 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual S E C T I O N 9 0 MEASUREMENT AND PAYMENT 90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the Engineer, or his/her authorized representatives, using United States Customary Units of Measurement or the International System of Units. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave-outs) having an area of 9 square feet (0.8 square meter) or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. In computing volumes of excavation the average end area method or other acceptable methods will be used. The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inches. The term "ton" will mean the short ton consisting of 2,000 pounds (907 kilograms) avoirdupois. All materials which are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designed by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material be paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable to the Engineer, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles GENERAL PROVISIONS III-55 3672 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery. When requested by the Contractor and approved by the Engineer in writing, material specified to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be converted to cubic yards (cubic meters) for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. Bituminous materials will be measured by the gallon (liter) or ton (kilogram). When measured by volume, such volumes will be measured at 60 F (15 C) or will be corrected to the volume at 60 F (15 C) using ASTM D 1250 for asphalts or ASTM D 633 for tars. Net certified scale weights orweights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton (kilogram) or hundredweight (kilogram). Timber will be measured by the thousand feet board measure (M.F.B.M.) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Engineer in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of this section. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. GENERAL PROVISIONS III-56 3673 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. Scales shall be accurate within one-half percent of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the inspector before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one-tenth of 1 percent of the nominal rated capacity of the scale, but not less than 1 pound (454 grams). The use of spring balances will not be permitted. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them. Scale installations shall have available ten standard 50-pound (2.3 kilogram) weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales "overweighing" (indicating more than correct weight) will not be permitted to operate, and all materials received subsequent to the last previous correct weighting-accuracy test will be reduced by the percentage of error in excess of one-half of 1 percent. In the event inspection reveals the scales have been "underweighing" (indicating less than correct weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project. When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials, for performing all work under the contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70. When the"basis of payment" subsection of a technical specification requires that the contract GENERAL PROVISIONS III-57 3674 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications. 90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work(order nonperformance) any contract item, except major contract items, in the best interest of the owner. Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or non-perform such contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature of the amount of such costs. 90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. When the change order or supplemental agreement authorizing the extra work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials plus a negotiated and agreed upon allowance for overhead and profit. A. Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. B. Comparison of Record. The Contractor and the Engineer shall compare records of the cost of force account work at the end of each day. GENERAL PROVISIONS III-58 3675 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Agreement shall be indicated by signature of the Contractor and the Engineer or their duly authorized representatives. C. Statement. No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer with duplicate itemized statements of the cost of such force account work detailed as follows: 1 ) Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman. 2) Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment. 3) Quantities of materials, prices, and extensions. 4) Transportation of materials. 5) Cost of property damage, liability and workman's compensation insurance premiums, unemployment insurance contributions, and social security tax. 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 Engineer of the value of the work performed and materials complete in place in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than five hundred dollars. From the total of the amount determined to be payable on a partial payment, 10 percent of such total amount will be deducted and retained by the owner for protection of the Owner's interests. Unless otherwise instructed by the Owner, the amount retained by the Owner will be in effect until the final payment is made except as follows: Contractor may request release of retainage on work that has been partially accepted by the Owner in accordance with Section 50-14 PARTIAL ACCEPTANCE. Contractor must provide a certified invoice to the RPR that supports the value of retainage held by the Owner for partially accepted work. GENERAL PROVISIONS III-59 3676 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual In lieu of retainage, the Contractor may exercise at its option the establishment of an escrow account per section 90-08. The Contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than 30 days after the Contractor has received a partial payment. Contractor must provide the Owner evidence of prompt and full payment of retainage held by the prime Contractor to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed. A subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Owner. When the Owner has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. When not less than 95 percent of the work has been completed the Engineer may, at his/her discretion and with the consent of the surety, prepare an estimate from which will be retained an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section. The Contractor shall deliver to the Owner a complete release of all claims for labor and material arising out of this contract before the final payment is made. If any subcontractor or supplier fails to furnish such a release in full, the Contractor may furnish a bond or other collateral satisfactory to the Owner to indemnify the Owner against any potential lien or other such claim. The bond or collateral shall include all costs, expenses, and attorney fees the Owner may be compelled to pay in discharging any such lien or claim. 90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: A. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. B. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. GENERAL PROVISIONS III-60 3677 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual C. The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. D. The Contractor has furnished the owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. E. The Contractor has furnished the owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the work. It is understood and agreed that the transfer of title and the owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his/her responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans, and specifications. In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection. 90-08 PAYMENT OF WITHHELD FUNDS. At the Contractor's option, he/she may request that the owner accept(in lieu of the 10 percent retainage on partial payments described in the subsection titled PARTIAL PAYMENTS of this section) the Contractor's deposits in escrow under the following conditions. A. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the owner. B. The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the owner and having a value not less than the 10 percent retainage that would otherwise be withheld from partial payment. C. The Contractor shall enter into an escrow agreement satisfactory to the owner. D. The Contractor shall obtain the written consent of the surety to such agreement. 90-09 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work GENERAL PROVISIONS III-61 3678 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the 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 GENERAL PROVISIONS III-62 3679 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION 100 (OMMITTED) GENERAL PROVISIONS III-63 3680 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-64 3681 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION 110 SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91-54). The Contractor alone shall be responsible for the safety, efficiency and adequacy of his plant, appliances and methods of construction and for any damages which may result from their failure or their improper construction, maintenance or operations. The Contractor will be required to comply with the latest edition of Advisory Circular No. 150/5370-2G "Operational Safety on Airports During Construction". In addition, the Contractor will be required to comply with all Safety and Security Requirements stipulated in the Contractor's Safety and Security Requirements stated on Plans. END OF SECTION 110 GENERAL PROVISIONS III-65 3682 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-66 3683 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION 120 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will also ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative, the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of the work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide to the County as satisfactory evidence of the required insurance either: Certificate of Insurance, or A certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non- renewal, material change or reduction in coverage unless a minimum of thirty (30) days' prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by Iaw.The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' GENERAL PROVISIONS III-67 3684 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and" approved by Monroe County's Risk Manager. To assist in the development of your proposal, the insurance coverage marked with an "X'will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him sign it in the place provided. It is also required that the bidders sign the form and submit it with each proposal. WORKERS' COMPENSATION & EMPLOYER'S LIABILITY Workers' Compensation DWLRC Statutory Limits WC1 --Employer's Liability ELOLW\ $100,000/$500,000/$100,000 WC2 Employer's Liability ELOLW\ $500,000/$500,000/$500,000 WC3 X Employer's Liability ELOLW\ $1,000,000/$1,000,000/$1,000,000 WCUSLH U.S. Longshoremen & Harbor Workers Act Same as Employer's Liability WCJA Federal Jones Act Same as Employer's Liability GENERAL LIABILITY As a minimum, the required general liability coverage will include: - Premises Operations - Blanket Contractual - Personal injury Expanded - Definition of Property Damage - Products and Completed Operations GENERAL PROVISIONS III-68 3685 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Required Limits: GL1 $100,000/person; $300,000/occurrence $ 50,000 property damage or $300,000 combined single limit GL2 $250,000/person; $500,000/occurrence $ 50,000 property damage or $500,000 combined single limit $ 500,000/person; $1,000,000/occurrence GL3 X $ 100,000 property damage or $1,000,000 combined single limit GL4 $5,000,000 combined single limited Required Endorsement: GLXCU Underground, Explosion & Collapse (XCU) GLLIQ Liquor Liability 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: VLI $ 50,000/person; $100,000/occurrence $ 25,000 property damage or $100,000 combined single limit VL2 $100,000/person; $300,000/occurrence $ 50,000 property damage or $300,000 combined single limit VL3 X $ 500,000/person; $1,000,000/occurrence $ 100,000 property damage or $1,000,000 combined single limit VL4 $5,000,000 combined single limit GENERAL PROVISIONS III-69 3686 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual MISCELLANEOUS COVERAGES BR1 Builders' Risk Limits Equal to the risk completed project Equal to the max. value of any one MVC Motor Truck Cargo Limits shipment PR01 Professional Liability $250,000/occurrence PR02 $500,000/occurrence P R03 $1,000,000/occurrence P01-1 Pollution Liability $500,000/occurrence P01-2 $1,000,000/occurrence P01-3 $5,000,000/occurrence ED1 Em to ee $10,000 ED2 Dishonesty $100,000 GK1 1 Garage $300,000 $25,000/vehicle GK2 Keepers $500,000 $100,000/vehicle GK3 $1,000,000 $250,000/vehicle MED1 Medical $500,000/$1,000,000 Agg. •ED2 Professional $1,000,000/$3,000,000 Agg. •ED3 $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 1 Bailee Liability Max. value of property HKL1 Hangar keepers' Liability $300,000 HKL2 $500,000 H KL3 $1,000,000 AIR1 I Aircraft Liability $25,000,000 Al R2 $1,000,000 Al R3 $1,000,000 AE01 Architect's Errors & Omissions $250,000/occurrence/$500,000 Agg. AE02 $500,000/occurrence/$1,000,000 Agg. AE03 $1,000,000/occurrence/$3,000,000 A GENERAL PROVISIONS III-70 3687 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy: POLICY DEDUCTIBLES 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-71 3688 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual WORKERS ' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT B E T W E E N 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 County shall recognize and honor the Contractor's status. The Contractor may be; required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition,the Contractor may be required to submit updated financial statements from the fund upon request from the County. GENERAL PROVISIONS III-72 3689 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual GEN ERAL LIABI LIT Y INSURANCE REQUIREMENTS FOR CONTRACT B E T W E E N MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: - Premises Operations - Products and Completed Operations - - Blanket Contractual Liability - Personal Injury Liability - Expanded Definition of Property Damage The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per person $1,000,000 per occurrence $ 100,000 property damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GENERAL PROVISIONS III-73 3690 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT B E T W E E N MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per person $1,000,000 per occurrence $ 100,000 property damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GENERAL PROVISIONS III-74 3691 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual BUILDER ' S RISK INSURANCE REQUIREMENTS FOR CONTRACT B E T W E E N 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 County, Builder's Risk Insurance on an All Risk of Loss form. Coverage shall include: Theft Aircraft Windstorm Vehicles Hail Smoke Explosion Fire Riot Collapse Civil Commotion Flood The policy limits shall be no less than the amount of the finished project and coverage shall be provided on a completed value basis. Property located on the construction premises, which is intended to become a permanent part of the building, shall be included as property covered. The policy shall be endorsed permitting the County to occupy the building prior to completion without effecting the coverage. The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee. GENERAL PROVISIONS III-75 3692 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-76 3693 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION 130 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM 130.01 DEFINITIONS OF TERMS The terms used in this program have the meaning defined in 49 CFR Section 26.5. 130.02 OBJECTIVES/POLICY STATEMENT The Key West International Airport (herein called Sponsor) has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (USDOT), 49 CFR Part 26. The Sponsor has received Federal financial assistance in excess of $250,000 from the Federal Aviation Administration, and as a condition of receiving this assistance, the Sponsor has signed an assurance that it will comply with 49 CFR Part 26. It is the policy of the Sponsor to ensure that DBEs, as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in FAA-assisted contracts. It is also their policy: A. To ensure nondiscrimination in the award and administration of FAA-assisted contracts; B. To create a level playing field on which DBEs can compete fairly for FAA-assisted contracts; C. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; D. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; E. To help remove barriers to the participation of DBEs in FAA-assisted contracts; F. To promote the use of DBEs in all types of federally-assisted contracts and procurement activities conducted by recipients; G. To assist the development of firms that can compete successfully in the market place outside the DBE Program; and H. To provide appropriate flexibility to recipients of Federal financial assistance in establishing and providing opportunities for DBEs. The Sponsor's Senior Business Manager has been designated as the DBE Liaison Officer. In that capacity, the Sponsor's Senior Business Manager is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the Sponsor in its financial assistance agreements with the Federal Aviation Administration. 130.03 NON-DISCRIMINATION The Sponsor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. GENERAL PROVISIONS III-77 3694 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual In administering its DBE program, the Sponsor will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex, or national origin. 130.04 DBE PROGRAM UPDATES The Sponsor will continue to carry out this program until all funds from FAA financial assistance have been expended. The Sponsor does not have to submit regular updates to the DBE Program document, as long as it remains in compliance. Updates will be provided to FAA if there are significant changes in the Program. 130.05 FEDERAL FINANCIAL ASSISTANCE AGREEMENT ASSURANCE The Sponsor has signed the following assurance, applicable to all FAA-assisted contracts and their administration: The Sponsor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any FAA-assisted contract or in the administration of its DBE Program or the requirements of 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of FAA-assisted contracts. The recipients DBE Program, as required by 49 CFR Part 26 and as approved by FAA, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Sponsor of its failure to carry out its approved program, the FAA may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 US.C. 3801 et seq.) 130.06 REQUIRED CONTRACT CLAUSES The Sponsor will ensure that the following clauses are placed in every FAA-assisted contract and subcontract: A. Nondiscrimination - The contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of FAA assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: 1. Withholding monthly progress payments, 2. Assessing Sanctions 3. Liquidated Damages, and/or, 4. Disqualifying the Contractor from future bidding as non-responsible. GENERAL PROVISIONS III-78 3695 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual B. Equal Opportunity — DBE Obligation — The recipient or its contractors agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have equal opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have an equal opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of FAA-assisted contracts. C. Failure to Carry Out DBE Obligations — All bidders, potential contractors, or subcontractors for this FAA-assisted contract are hereby notified that failure to carry out the FAA policy and the DBE obligation, as set forth above, shall constitute a breach of contract which may result in termination of the contract or such other remedy as deemed appropriate by the recipient and the FAA. D. Prompt Payment - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 working days from the receipt of each payment the prime contractor receives from the Monroe County BOCC. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Key West International Airport. This clause applies to both DBE and non-DBE subcontractors. E. Retainage - From the total of the amount determined to be payable on a partial payment, 10% percent of such total amount will be deducted and retained by the Sponsor for protection of the Sponsor's interests. Release and payment of the retained amount shall be in accordance with Section 90-06. In lieu of retainage, the Contractor may exercise at its option the establishment of an escrow account in accordance with Section 90-08. The Contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than 30 days after the Contractor has received a partial payment. Contractor must provide the Sponsor evidence of prompt and full payment of retainage held by the prime Contractor to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed. A subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Sponsor. When the Sponsor has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. F. Prompt Payment Monitoring - In order to ensure subcontractors have been promptly paid by the prime contractor within 30 days of receipt of payment from Monroe County, the prime contractor must submit documentation of prior subcontractor payments and dates with their pay requests. The Sponsor retains the right to audit a contractor's books and records to determine the accuracy of the information reported. The awarded prime contractor may use the 30-Day Subcontractor Prompt Payment Form for monitoring. GENERAL PROVISIONS III-79 3696 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 130.07 OTHER CONTRACT PROVISIONS A. Bidders List. If the recipient's DBE program provides for collecting information for a bidders list by using a contract clause, the recipient should devise an appropriate clause and include it in each FAA-assisted contract. FAA's "Sample DBE Program" interpreting 49 CFR Section 26.11 lists various methods by which a recipient can collect information for a bidders list. Use of a contract clause is one such method. B. Good Faith Efforts. In accordance with 49 CFR Section 26.51, the recipient must meet the maximum feasible portion of their overall goal through race-neutral means of facilitating DBE participation. The recipient is not required to set a contract goal on every FAA-assisted contract but must set contract goals that will cumulatively result in meeting any portion of the overall goal the recipient does not project meeting through the use of race-neutral means. Contract goals may be established only on those FAA- assisted contracts having sub-contracting possibilities. When a contract goal is established pursuant to the recipient's program, the sample bid specification set forth below can be used to notify bidders/offerors of the requirements to make good faith efforts. The forms that follow the specification can be used to collect information necessary to determine whether the bidder/offeror has satisfied these requirements. The sample specification is intended for use in both non- construction and construction contracts for which a contract goal has been established. Thus, it can be included in invitations for bid for construction, in requests for architectural/engineering and other professional services, and in other covered solicitation documents. The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the Sponsor to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, including those who qualify as a DBE. DBE participation in this contract may be in the form of a prime contract, subcontract, joint venture, or another arrangement that qualifies under 49 CFR Section 26. The bidder/ offeror shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26 (Attachment 1), to meet the goal for DBE participation in the performance of this contract. C. DBE-related Forms to Submit with Bid. In addition to the Section J Form, the Bidder/Offeror shall submit Attachment 1 — DBE Utilization Form at time of Bid and if DBE goal is not met shall submit at the time of bid the Good Faith Effort documentation. The Bidder/Offer shall also submit Attachment 2 — Letter of Commitment Form for all DBE firms proposed by the Bidder/Offeror. Attachment 2 shall be completed by the Bidder/Offeror for each DBE firm and the DBE firm must affirm by signature in Attachment 2. D. DBE Compliance - The Contractor will be required to submit the following forms as part of their DBE contract compliance during the execution of the project: GENERAL PROVISIONS III-80 3697 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 1) Attachment 1 — Disadvantage Business Enterprise (DBE) Utilization Form — due with bid. 2) Attachment 2 — Letter of Intent Form — due with bid. A separate form should be completed for each DBE firm. 3) Attachment 3 — Form A - Proposed DBE Utilization Form - due within seven days of the preconstruction conference to Engineer/Architect/RPR. A separate form should be completed for each DBE firm. 4) Attachment 4 — Form B — Proposed DBE Identification Form - due within seven days of the preconstruction conference to Engineer/Architect/RPR. A separate form should be completed for each DBE firm. 5) Attachment 5 — Form C - DBE Payment Certification Form for each DBE firm that is working as a subcontractor should be submitted with each pay request. Page 1 is due by the 101h of each month and must be signed and notarized both by the contractor and the DBE firm. Page 2 is due when final payment has been made to the DBE firm. 6) Attachment 6 — Form D - Documentation of 30-Day Subcontractor Prompt Payment Form for each pay request from a subcontractor(DBE or non-DBE), shall be submitted with each pay request and maintained throughout the duration of work. 7) Attachment 7— Form E - DBE Expenditure Report Form for each DBE firm that is working as a subcontractor should be submitted with each pay request. 8) Attachment 8 — Form F - Final Report Utilization of Disadvantaged Business Enterprises (DBEs) Form with the final pay request. Copies of these forms follow. GENERAL PROVISIONS III-81 3698 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual ATTACHMENT 1 DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION FORM (This Form due with Bid) The Sponsor has established a race neutral DBE goal of 5 % for this project. The undersigned bidder/ offeror has satisfied the requirements of the bid specification in the following manner (please check the appropriate space): The Bidder/Offeror is committed to a minimum of 5 % DBE utilization on this Contract. The Bidder/Offeror (if unable to meet the DBE goal of 5 % is committed to a minimum of % DBE utilization on this Contract and submits documentation attached hereto demonstrating the Bidder/Offeror's Good Faith Efforts. Please refer to 49 CFR Appendix A to 49 CFR Part 26 — Guidance Concerning Good Faith Efforts. Name of Bidder/Offeror's firm: State Registration No.: By: Signature of Bidder/Offeror Name/Title GENERAL PROVISIONS III-82 3699 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual ATTACHMENT 2 LETTER OF INTENT FORM (Submit this form for each DBE Firm and attach a copy of their FLUCP DBE Certification or firm print-out from the FDOT DBE Directory. Forms are due with Bid. DBE Firms must be certified by the FLUCP and listed in the FDOT DBE Directory at time of bid.) Name of Bidder/Offeror's firm: Address: City: State: Zip: Name of DBE firm: Address: City: State: Zip: Telephone / Email: Description of work to be performed by DBE firm: The Bidder/Offeror is committed to utilizing the above-named DBE firm for the work described above. The estimated dollar value of this work is $ By: Signature of Bidder/Offeror Name/Title Affirmation The above-named DBE firm affirms that it will perform the portion of the Contract for the estimated dollar values as stated above. By (Signature of DBE Firm) (Title) If the Bidder/Offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void. GENERAL PROVISIONS III-83 3700 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual ATTACHMENT 3 FORM A PROPOSED DBE UTILIZATION FORM DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION THIS FORM MUST BE FULLY COMPLETED FOR EACH PROPOSED DBE CONTRACTOR/SUBCONTRACTOR AND SUBMITTED NO LATER THAN 7 DAYS FROM THE PRE-CONSTRUCTION CONFERENCE TO THE ENGINEER/ARCHITECT/RPR PROJECT NAME: ---------------------------------------------- AIRPORT NAME: ---------------------------------------------- AIP PROJECT NUMBER: ------------------------------------------- PRIME CONTRACTOR: -------------------------------------------- ADDRESS: ----------------------------------------------- CONTACT NAME: -------------------------------------------- TEL/FAX/EMAIL: -------------------------------------------- DBE GOAL FOR PROJECT: ------------------------------------------ IDENTIFICATION OF DBE FIRMS TO PARTICIPATE IN CONTRACT (PROVIDE FOR EACH DBE FIRM INTENDED TO PERFORM IN CONTRACT): 1. NAME OF DBE FIRM: ------------------------------------------ ESTIMATED PARTICIPATION:$ -------------------------------------- ESTIMATED PERCENTAGE OF TOTAL PROJECT: ------------------------------- OVERVIEW OF WORK TO BE PERFORMED: --------------------------------- --------------------------------------------------- --------------------------------------------------- 2. NAME OF DBE FIRM: ------------------------------------------ ESTIMATED PARTICIPATION:$ -------------------------------------- ESTIMATED PERCENTAGE OF TOTAL PROJECT: ------------------------------- OVERVIEW OF WORK TO BE PERFORMED: --------------------------------- --------------------------------------------------- --------------------------------------------------- GENERAL PROVISIONS III-84 3701 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual FORM A (CONTINUED) PROPOSED DBE UTILIZATION FORM DISADVANTAGED BUSINESS ENTERPRISE(DBE) PARTICIPATION 3. NAME OF DBE FIRM: ------------------------------------------ ESTIMATED PARTICIPATION:$ -------------------------------------- ESTIMATED PERCENTAGE OF TOTAL PROJECT: ------------------------------- OVERVIEW OF WORK TO BE PERFORMED: --------------------------------- --------------------------------------------------- --------------------------------------------------- 4. NAME OF DBE FIRM: ------------------------------------------ ESTIMATED PARTICIPATION:$ -------------------------------------- ESTIMATED PERCENTAGE OF TOTAL PROJECT: ------------------------------- OVERVIEW OF WORK TO BE PERFORMED: --------------------------------- --------------------------------------------------- --------------------------------------------------- The undersigned certifies the intent of the Prime Contractor to enter into a contract with the DBE Contractor/Subcontractor to provide the above-referenced work associated with this project. ----------------------------------------------------- Name of Prime Contractor ----------------------------------------------------- Signature Date ----------------------------------------------------- Print Name and Title NOTES: 1. THIS FORM IS DUE NO LATER THAN 7 DAYS FROM THE PRECONSTRUCTION CONFERENCE 2. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT 3. A DBE IDENTIFICATION FORM MUST BE SUBMITTED FOR ALL PROPOSED DBEs GENERAL PROVISIONS III-85 3702 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual ATTACHMENT 4 FORM B PROPOSED DBE IDENTIFICATION FORM DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION THIS FORM MUST BE FULLY COMPLETED FOR EACH PROPOSED DBE CONTRACTOR/SUBCONTRACTOR AND SUBMITTED NO LATER THAN 7 DAYS FROM THE PRE-CONSTRUCTION CONFERENCE TO THE ENGINEER/ARCHITECT/RPR PROJECT NAME: ---------------------------------------------- AIRPORT NAME: ---------------------------------------------- AIP PROJECT NUMBER: ------------------------------------------- PRIME CONTRACTOR: -------------------------------------------- ADDRESS: ----------------------------------------------- CONTACT NAME: -------------------------------------------- TEL/FAX/EMAIL: -------------------------------------------- DBE GOAL FOR PROJECT: ----------------------------------------- (FROM BID DOCUMENTS) IDENTIFICATION OF DBE FIRMS TO PARTICIPATE IN CONTRACT (PROVIDE THIS FORM FOR EACH DBE FIRM INTENDED TO PERFORM IN THE CONTRACT): NAME OF DBE FIRM: -------------------------------------------- ADDRESS: ----------------------------------------------- CONTACT NAME: -------------------------------------------- TEL/FAX/EMAIL: -------------------------------------------- NAME OF FLORIDA UCP AGENCY WHERE CERTIFIED: ----------------------------- VERIFIED DBE ON FDOT DBE DIRECTORY? ---------------------------------- ESTIMATED PARTICIPATION BY THIS DBE CONTRACTOR AT INITIAL/ORIGINAL BID: 1. WAS THIS DBE CONTRACTOR INCLUDED IN INITIAL BID OF PRIME CONTRACTOR? IF ANSWER IS NO,PRIME CONTRACTOR MUST PROVIDE SUBSTITUTION LETTER TO EXPLAIN REASONS FOR REMOVAL OF OTHER DBE CONTRACTOR AND/OR ADDITION OF THE DBE CONTRACTOR. 2. ESTIMATED PARTICIPATION AT INITIAL BID:$ ---------------------------- 3. ESTIMATED PERCENTAGE OF TOTAL PROJECT FOR THIS DBE CONTRACTOR: 4. DETAIL SPECIFIC WORK TO BE PERFORMED: ----------------------------------------------- ----------------------------------------------- ----------------------------------------------- ----------------------------------------------- GENERAL PROVISIONS III-86 3703 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual FORM B (CONTINUED) PROPOSED DBE IDENTIFICATION FORM DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION ESTIMATED PARTICIPATION BY THIS DBE CONTRACTOR AT PRE-CONSTRUCTION CONFERENCE: 1. ESTIMATED PARTICIPATION AT PRECONSTRUCTION CONFERENCE:$ 2. ESTIMATED PERCENTAGE OF TOTAL PROJECT FOR THIS DBE CONTRACTOR: 3. DETAIL SPECIFIC WORK TO BE PERFORMED: ----------------------------------------------- ----------------------------------------------- ----------------------------------------------- ----------------------------------------------- ----------------------------------------------------- Name of DBE Contractor/Subcontractor ----------------------------------------------------- Signature of DBE Contractor/Subcontractor Date ----------------------------------------------------- Print Name and Title The undersigned certifies the intent of the Prime Contractor to enter into a contract with the DBE Contractor/Subcontractor to provide the above-referenced work associated with this project. ----------------------------------------------------- Name of Prime Contractor ----------------------------------------------------- Signature of Prime Contractor Date ----------------------------------------------------- Print Name and Title NOTES: 1. THIS FORM IS DUE NO LATER THAN 7 DAYS FROM THE PRECONSTRUCTION CONFERENCE 2. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT/RPR 3. A DBE IDENTIFICATION FORM MUST BE SUBMITTED FOR ALL PROPOSED DBEs GENERAL PROVISIONS III-87 3704 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual ATTACHMENT 5 FORM C DBE PAYMENT CERTIFICATION FORM DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION Payment Certification Form for each DBE firm that is working as a subcontractor should be submitted with each pay request. Page 1 is due by the 10th of each month and must be signed and notarized both by the contractor and the DBE firm. Page 2 is due when final payment has been made to the DBE firm. THIS IS TO CERTIFY THAT ------------------------------------------- (DBE CONTRACTOR) RECEIVED(MONTHLY)OR(FINAL)PROGRESS PAYMENT OF:$_--------------------------_ (CIRCLE ONE) ON: FROM: ---------- -------------------------------------- (DATE) (PRIME CONTRACTOR) FOR LABOR AND MATERIALS USED ON: PROJECT NAME: -------------------------------------------- AIRPORT: ----------------------------------------------- AIRPORT PROJECT NUMBER: --------------------------------------- SIGNED BY OFFICIAL OF PRIME CONTRACTOR: --------------------------------- PRIME CONTRACTOR SIGNATURE: ------------------------------------- TITLE: ------------------------------------------------ NOTARIZED: PERSONALLY KNOWN TO ME: -------------------------------------- DRIVER'S LICENSE NUMBER: --------------------------------------- OTHER IDENTIFICATION: ----------------------------------------- SWORN AND SUBSCRIBED BEFORE ME THIS:_----- DAY OF----------------_,20 ---------------------- ------------------------- NOTARY PUBLIC SIGNATURE COMMISSION EXPIRES TOTAL PAID TO THIS DBE THIS MONTH: $ -------------------------------- TOTAL PREVIOUSLY PAID TO THIS DBE: $ -------------------------------- TOTAL PAID TO THIS DBE TO DATE: $ -------------------------------- SIGNED BY OFFICIAL OF DBE CONTRACTOR: ----------------------------------- DBE CONTRACTOR SIGNATURE: -------------------------------------- TITLE: ------------------------------------------------ NOTARIZED: PERSONALLY KNOWN TO ME: -------------------------------------- DRIVER'S LICENSE NUMBER: --------------------------------------- OTHER IDENTIFICATION: ----------------------------------------- SWORN AND SUBSCRIBED BEFORE ME THIS:_----- DAY OF----------------_,20 ---------------------- ------------------------- NOTARY PUBLIC SIGNATURE COMMISSION EXPIRES GENERAL PROVISIONS III-88 3705 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual FORM C (CONTINUED) DBE PAYMENT CERTIFICATION FORM DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION TOTAL OF ALL PROGRESS PAYMENTS: $ ---------------------------------- RETAINAGE WITH-HELD: $ ---------------------------------- BOND WITH-HELD: $ ---------------------------------- PROJECT SUMMARY FOR: (DBE CONTRACTOR) ESTIMATED PARTICIPATION BY THIS DBE CONTRACTOR AT INITIAL BID: 1. ESTIMATED PARTICIPATION BY THIS DBE CONTRACTOR AT INITIAL BID: $ 2. ESTIMATED PERCENTAGE OF TOTAL PROJECT FOR THIS DBE CONTRACTOR: --------------- ACTUAL PARTICIPATION BY THIS DBE CONTRACTOR AT FINAL CONTRACT CLOSEOUT: 1. ACTUAL PARTICIPATION BY THIS DBE CONTRACTOR: $ 2. ACTUAL PERCENTAGE OF FINAL CONTRACT AMOUNT FOR THIS DBE CONTRACTOR: EXPLAIN ANY DIFFERENCES BETWEEN ITEMS 1&3(OVERRUNS OR UNDERRUNS BY THIS DBE CONTRACTOR ON THIS PROJECT): ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- EXPLAIN ANY DIFFERENCES BETWEEN ITEMS 2&4(ESTIMATED/INITIAL BID PARTICIPATION PERCENTAGE BY THIS DBE CONTRACTOR VERSUS ACTUAL PARTICIPATION PERCENTAGE BY THIS DBE CONTRACTOR): ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- NOTES: 1. PAGE 1 OF THIS FORM IS DUE BY THE 10th OF EACH MONTH AFTER DBE STARTS WORK WHETHER PAYMENT IS MADE BY PRIME CONTRACTOR TO DBE OR NOT. 2. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT/RPR. 3. PAGE 1 OF THIS FORM IS TO BE PROVIDED UNTIL FINAL PAYMENT HAS BEEN MADE TO THIS DBE CONTRACTOR, INCLUDING ALL RETAINAGE PAYMENTS. 4. INCLUDE PAGE 2 OF THIS FORM ONLY UPON FINAL PROGRESS PAYMENT TO THIS DBE CONTRACTOR. GENERAL PROVISIONS III-89 3706 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual ATTACHMENT 6 FORM D DOCUMENTATION OF 30-DAY SUBCONTRACTOR PROMPT PAYMENT FORM DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION THIS FORM DUE WITH EACH PAY REQUEST AND MAINTAINED THROUGHOUT THE DURATION OF WORK. PRIME CONTRACTOR: DATE REQUESTED: (MM/DD/YYYY) PROJECT#: PR AMOUNT($): (INCLUDING RETAINAGE) PROJECT DESCRIPTION: RETAINAGE($): (RETAINAGE) PAY REQUEST(PR)#: PR SUBTOTAL($): (AMOUNT LESS RETAINAGE) DATE APPROVED(BY ENGINEER): (MM/DD/YYYY) SUBCONTRACTOR PAYMENT REQUEST(SUB PR)TRACKING SUBCONTRACTOR PRIME PR#: PRIME PR#: PRIME PR#: NAME(DBE&NON- DBE) SUB PR# SUB PR# SUB PR# SUB PR DATE SUB PR DATE SUB PR DATE SUB PR SUB PR SUB PR AMOUNT($) AMOUNT($) AMOUNT($) RETAINAGE($) RETAINAGE($) RETAINAGE($) SUB PR# SUB PR# SUB PR# SUB PR DATE SUB PR DATE SUB PR DATE SUB PR SUB PR SUB PR AMOUNT($) AMOUNT($) AMOUNT($) RETAINAGE($) RETAINAGE($) RETAINAGE($) SUB PR# SUB PR# SUB PR# SUB PR DATE SUB PR DATE SUB PR DATE SUB PR SUB PR SUB PR AMOUNT($) AMOUNT($) AMOUNT($) RETAINAGE($) RETAINAGE($) RETAINAGE($) PRIME PAYMENTS RECEIVED BY COUNTY(COUNTY PAY) PRIME PAY REQUEST(PR)# COUNTY PAY# DATE RECEIVED AMOUNT($) 30-DAY PAY DATE GENERAL PROVISIONS III-90 3707 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual FORM D (CONTINUED) DOCUMENTATION OF 30-DAY SUBCONTRACTOR PROMPT PAYMENT FORM DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION SUBCONTRACTOR 30-DAY PROMPT PAYMENT-PAID BY PRIME(PBP)TRACKING COUNTY PAY#: COUNTY PAY#: COUNTY PAY#: SUBCONTRACTOR PRIME PR#: PRIME PR#: PRIME PR#: NAME(DBE& NON-DBE) SUB PR# SUB PR# SUB PR# PBP DATE PBP DATE PBP DATE PBP AMOUNT($) PBP AMOUNT($) PBP AMOUNT($) PBP RETAINAGE($) PBP RETAINAGE($) PBP RETAINAGE($) SUB PR# SUB PR# SUB PR# PBP DATE PBP DATE PBP DATE PBP AMOUNT($) PBP AMOUNT($) PBP AMOUNT($) PBP RETAINAGE($) PBP RETAINAGE($) PBP RETAINAGE($) SUB PR# SUB PR# SUB PR# PBP DATE PBP DATE PBP DATE PBP AMOUNT($) PBP AMOUNT($) PBP AMOUNT($) PBP RETAINAGE($) PBP RETAINAGE($) PBP RETAINAGE($) GENERAL PROVISIONS III-91 3708 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual ATTACHMENT 7 FORM E DBE EXPENDITURE REPORT FORM DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION THIS FORM MUST BE COMPLETED IN FULL AND SUBMITTED BY THE PRIME CONTRACTOR FOR EACH DBE FIRM USED, WITH EACH PAY REQUEST MADE BY THE PRIME CONTRACTOR PROJECT NAME: ---------------------------------------------- AIRPORT NAME: ---------------------------------------------- AIP PROJECT NUMBER: ------------------------------------------- PRIME CONTRACTOR: -------------------------------------------- ADDRESS: ----------------------------------------------- DBE CONTRACTOR: --------------------------------------------- ADDRESS: ----------------------------------------------- PRIME CONTRACTOR PAY REQUEST NUMBER: ---------------------------------- TOTAL ESTIMATED DBE CONTRACT PARTICIPATION FOR THIS DBE CONTRACTOR:$ ------------------- PERCENTAGE OF TOTAL CONTRACT: ------------------------------------- CONTRACT ITEM UNIT ITEM ITEM NO. DESCRIPTION OF WORK PERFORMED BY DBE CONTRACTOR QUANTITY PRICE AMOUNT (Attach pages as needed to detail work performed) TOTAL AMOUNT REQUESTED BY DBE THIS INVOICE(ADD ITEM AMOUNTS): $ _----------------_ TOTAL AMOUNT PREVIOUSLY REQUESTED BY DBE(FROM PRIOR PAY REQUEST): $ _----------------_ TOTAL AMOUNT REQUESTED BY DBE TO DATE: $ GENERAL PROVISIONS III-92 3709 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual FORM E (CONTINUED) DBE EXPENDITURE REPORT FORM DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION The undersigned certifies that the DBE Contractor has successfully completed the above-referenced work associated with this project and further assures that said DBE Contractor will be paid in full for the amount indicated above for said services. ----------------------------------------------------- Name of Prime Contractor ----------------------------------------------------- Signature of Prime Contractor Date ----------------------------------------------------- Print Name and Title DBE Contractor's Certification Information: Name of Florida UCP Agency where DBE Contractor Certified: --------------------------- ----------------------------------------------------- Name of DBE Contractor ----------------------------------------------------- Signature of DBE Contractor Date ----------------------------------------------------- Print Name and Title NOTES: 1. THIS FORM IS DUE WITH EACH PAY REQUEST 2. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT/RPR GENERAL PROVISIONS III-93 3710 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual ATTACHMENT 8 FORM F FINAL REPORT—UTILIZATION OF DBEs DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION THIS FORM MUST BE FULLY COMPLETED FOR EACH DBE CONTRACTOR/SUBCONTRACTOR THAT PARTICIPATED IN THE CONTRACT AND SUBMITTED WITH FINAL PAY REQUEST FOR THE PRIME CONTRACTOR PROJECT NAME: ---------------------------------------------- AIRPORT NAME: ---------------------------------------------- AIP PROJECT NUMBER: ------------------------------------------- PRIME CONTRACTOR: -------------------------------------------- ADDRESS: ----------------------------------------------- CONTACT NAME: -------------------------------------------- TEL/FAX/EMAIL: -------------------------------------------- DBE GOAL FOR PROJECT: ----------------------------------------- (FROM BID DOCUMENTS) IDENTIFICATION OF ACTUAL DBE PERFORMANCE (PROVIDE FOR EACH DBE FIRM THAT PARTICIPATED IN CONTRACT): 1. NAME OF DBE FIRM: ------------------------------------------ ACTUAL PARTICIPATION:$ ---------------------------------------- ACTUAL PERCENTAGE OF TOTAL PROJECT: -------------------------------- OVERVIEW OF WORK PERFORMED: ------------------------------------ --------------------------------------------------- --------------------------------------------------- 2. NAME OF DBE FIRM: ------------------------------------------ ACTUAL PARTICIPATION:$ ---------------------------------------- ACTUAL PERCENTAGE OF TOTAL PROJECT: -------------------------------- OVERVIEW OF WORK PERFORMED: ------------------------------------ --------------------------------------------------- --------------------------------------------------- 3. NAME OF DBE FIRM: ------------------------------------------ ACTUAL PARTICIPATION:$ ---------------------------------------- ACTUAL PERCENTAGE OF TOTAL PROJECT: -------------------------------- OVERVIEW OF WORK PERFORMED: ------------------------------------ --------------------------------------------------- --------------------------------------------------- GENERAL PROVISIONS III-94 3711 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual FORM F (CONTINUED) FINAL REPORT—UTILIZATION OF DBEs DISADVANTAGED BUSINESS ENTERPRISE(DBE) PARTICIPATION 4. NAME OF DBE FIRM: ------------------------------------------ ACTUAL PARTICIPATION:$ ---------------------------------------- ACTUAL PERCENTAGE OF TOTAL PROJECT: -------------------------------- OVERVIEW OF WORK PERFORMED: ------------------------------------ --------------------------------------------------- --------------------------------------------------- SUMMARY OF ACTUAL DBE UTILIZATION FOR PROJECT: ACTUAL PARTICIPATION:$ ------------------------------------------ ACTUAL PERCENTAGE OF TOTAL PROJECT: ---------------------------------- PROVIDE EXPLANATION OF ANY DIFFERENCES FROM BID/PROPOSED DBE UTILIZATION: ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- (ATTACH ADDITIONAL SHEETS AS NEEDED) The undersigned certifies this Final Report on the Utilization of Disadvantaged Business Enterprises for this project. ----------------------------------------------------- Name of Prime Contractor ----------------------------------------------------- Signature of Prime Contractor Date ----------------------------------------------------- Print Name and Title NOTES: 1. THIS FORM IS DUE WITH FINAL PAY REQUEST FOR PRIME CONTRACTOR 2. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT 3. THE DBEs SHOWN ON THIS FORM SHOULD BE THE SAME AS THOSE ORIGINALLY LISTED UNLESS AN AUTHORIZED SUBSTITUTION WAS ALLOWED OR THE CONTRACTOR USED MORE DBEs AND ADDITIONAL DBEs WERE ADDED. 4. THE ACTUAL DOLLAR AMOUNT SHOULD REFLECT ANY CHANGES MADE(ADDED OR REDUCED)IN WORK PERFORMED BY THE DBE. 5. THE CONTRACTOR SHOULD EXPLAIN IN WRITING WHY THE NAMES OF THE SUBCONTRACTORS,THE WORK ITEMS OR DOLLAR FIGURES ARE DIFFERENT FROM WHAT WAS ORIGINALLY SHOWN ON THE DBE BIDDER INFORMATION SUBMITTED WITH THE PRIME CONTRACTOR'S INITIAL/ORIGINAL BID TO MONROE COUNTY AND/OR THE COMPLETED "PROPOSED DBE UTILIZATION FORM"AND"DBE IDENTIFICATION FORM." 6. ANY WRITTEN EXPLANATION SHOULD BE ATTACHED TO THIS FORM PRIOR TO SUBMITTAL. GENERAL PROVISIONS III-95 3712 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-96 3713 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION 140 CONSTRUCTION CONTRACT CLAUSES AIRPORT IMPROVEMENT PROGRAM 140-01 LABOR PROVISIONS 1. Each Sponsor entering into a Construction Contract over Two Thousand Dollars ($2,000.00) for an Airport Development project is required to insert in the Contract the following provisions from 29CFR 5.5. Each Contractor is to include these provisions in each Construction Subcontract. a. Minimum Wages (1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, 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.(2) of this Section) and the Davis-Bacon poster (WH- 1321) shall be posted at all times by the Contractor and its subcontractors at the site of the Work in a prominent and accessible place where it can easily be seen by the workers. GENERAL PROVISIONS III-97 3714 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual (2) (i) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (A) The Work to be performed by the classification requested is not performed by a classification in the wage determination; and (B) The classification is utilized in the area by the construction industry; and (C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (i i) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage andHour Division, Employment Standards Administration, U .S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so advise the contracting officer or will notify the Contracting Officer within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (iii) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within thirty (30) days of receipt and so advise or notify the Contracting Officer within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (iv)The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (2)(ii) or (iii) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (3) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated i n the wage determination or shall pay another bona fide fringe benefit or an GENERAL PROVISIONS III-98 3715 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual hourly cash equivalent thereof. (4) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets forthe meeting of obligations under the Plan or Program. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) b. Withholding. The Federal Aviation Administration (FAA) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal Contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of work, all or part of the wages required by the Contract, the FAA may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. c. Payrolls and Basic Records. (1) Payrolls and Basic Records relating thereto shall be maintained by the Contractor during the course of the Work and preserved for a period of three (3) years thereafter for all laborers and mechanics working at the site of the Work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under a(4) of this clause that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the Plan or Program is financially responsible, and that the Plan or Program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB control number GENERAL PROVISIONS III-99 3716 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 1215-0140 and 1215-0017.) (2) (i) The Contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the Applicant, Sponsor, or Owner, as the case may be, for transmission to the FAA. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph c(1) above. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014- 1), U.S. Government Printing Office, Washington, D.C. 20402. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB control number 1215-0149.) (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (A) That the payroll for the payroll period contains the information required to be maintained under paragraph c.(1) above and that such information is correct and complete; (B) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (C) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (iii)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph c.(2)(b) of this section. (iv)The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (3) The Contractor or subcontractor shall make the records required under paragraph c.(1) of this section available for inspection, copying or transcription by authorized representatives of the FAA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them 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 GENERAL PROVISIONS III-100 3717 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. d. Apprentices and Trainees (1) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the Work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the bureau, or if a person is employed in his or herfirst ninety (90) days of probationary employment as an apprentice in such as apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the 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. (2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the Work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater that permitted under the Plan approved by the GENERAL PROVISIONS III-101 3718 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the Work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F. R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that GENERAL PROVISIONS III-102 3719 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. c) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. d) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. e) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. f) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. g) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government GENERAL PROVISIONS III-103 3720 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract. e. Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the 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. f. Contract Termination: Debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for the debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12. g. Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors must also comply with the Copeland "Anti-Kickback"Act(40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal GENERAL PROVISIONS III-104 3721 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.1. h. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees of their representatives. j. Certification of Eligibility. (1) By entering into this Contract, the Contractor certifies that neither it(nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a) (1). (2) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1). (3) The penalty for making false statements is prescribed in Criminal Code, 18 U.S.C. 1001. 2. The following clauses in paragraphs a., b., c., d., and e. below, required by the Contract Work Hours and Safety Standards Act, will also be inserted in full in AIP Construction contracts in excess of Two Thousand Dollars ($2,000.00) in addition to the clauses required by 29 CFR 5.5 (a) or 4.6 of Part 4 of Title 29. As used in the following, the term "laborers" and "mechanics" include watchmen and guards. a. Overtime Requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve GENERAL PROVISIONS III-105 3722 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half (1%) times the basic rate of pay for all hours worked in excess of forty (40) hours in such work week. b. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph a. above, the Contractor or any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph a. above, in the sum of ten dollars ($10.00) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph a. above. C. Withholding for Unpaid Wages and Liquidated Damages. The FAA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph b. above. d. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs a. through d. and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs a. through d. e. Working Conditions. No contractor or subcontractor may require any laborer and mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under Construction Safety and Health Standards (29 GENERAL PROVISIONS III-106 3723 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual CFR Part 1926) issued by the Department of Labor. 3. In addition to the provisions in 1 and 2 above, for contracts in excess of $2,000, the following is to be included in all contracts for work on airport development projects involving labor: Veterans Preference. In the employment of labor (except in executive, administrative and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans. However, this preference shall apply only where the individuals are available and qualified to perform the Work to which the employment relates. 140-02 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS A. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246, as amended). 1. As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this Contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person of whom the Director delegates authority; C. "Employer Identification Number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: 1) Black (all persons having origins in any of the black African racial groups not of Hispanic origin); 2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin regardless of race); 3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast, Asia, the Indian Subcontinent, or the Pacific Islands); and 4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the Work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 (Ten Thousand Dollars) the provisions of these Specifications and the notice which contains the applicable GENERAL PROVISIONS III-107 3724 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 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. GENERAL PROVISIONS III-108 3725 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 7. The Contractor shall take specific affirmative actions to ensure EEO. The evaluation of the Contractor's compliance with these Specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the 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. GENERAL PROVISIONS III-109 3726 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the Company's EEO policy and affirmative action obligations under these Specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work on any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and subcontractors with whom the Contractor does or anticipates doing business. I. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation, at least of all GENERAL PROVISIONS III-110 3727 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these Specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. P. Conduct a review, at least annually, of all supervisors, adherence to a n d performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar groups of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide EEO and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the executive order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the executive order if a specific minority group of women is under utilized). GENERAL PROVISIONS III-111 3728 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246, as amended. 12. The Contractor shall carry out such sanctions and penalties for violation of these Specifications and of the Equal Opportunity Clause, including 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 degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). B. Contractor Contractual Requirements. During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest(hereinafter referred to as the "Contractor") agrees as follows: 1. COMPLIANCE WITH REGULATIONS. The Contractor shall comply with the GENERAL PROVISIONS III-112 3729 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. 2. NONDISCRIMINATION. The Contractor, with regard to the Work performed by it during the Contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of 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 b. Cancellation, termination, or suspension of the Contract, in whole or in part. 6. INCORPORATION OF PROVISIONS. The Contractor shall include the provisions of Paragraphs 1. through 5. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the GENERAL PROVISIONS III-113 3730 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Sponsor to enter into such litigation to protect the interests of the Sponsor and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. C. 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 insure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 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-114 3731 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 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. A. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246, as Amended). 1 . The Offerer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in 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 GENERAL PROVISIONS III-115 3732 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its Federally involved and non-federally involved construction. The Contractor's compliance with the executive order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specifications set forth in 41 CFR 60-40.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must 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 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 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 GENERAL PROVISIONS III-116 3733 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 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, and b. Number of Employees. Has fifty (50) or more employees, C. Contractor/Subcontractor. Is a prime contractor or first tier subcontractor, and d. Dollar Level. There is a contract, subcontract, or purchase order amounting to $50,000 (Fifty Thousand Dollars) or more or serves as a depository of government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Savings Notes. Some subcontractors below the first tier wh o work at the site are required to file if they meet the requirements of 41 CFR 60-1.7. 3. Records. The FAA or Department of Labor OFCCP may require a Contractor to keep employment or other records and to furnish, in the form requested within reasonable limits, such information as necessary. G. Requirement for Certification of Non-segregated Facilities. 1. Notice to Prospective Federally Assisted Construction Contractors. a. Certification of Non-segregated Facilities must be submitted prior to the award of a federally assisted construction contract exceeding $10,000 (Ten Thousand Dollars) which is not exempt from the provisions of the equal opportunity clause. b. Contractors receiving federally assisted construction contract awards exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to 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 GENERAL PROVISIONS III-117 3734 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Opportunity Clause. b. Contractors receiving federally assisted construction contract awards exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of the equal opportunity clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplied and construction contracts where the subcontracts exceed $10,000 (Ten Thousand Dollars) and are not exempt from the provisions of the equal opportunity clause. NOTE TO THE CONTRACTOR: This Certification is not required here if completed, signed and furnished to the Owner with the Proposal. Certification of Non-Segregated Facilities 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 140-03 MISCELLANEOUS CONTRACT PROVISIONS 1. Airport Improvement Program Project (AIP). The Work in this Contract is being undertaken and accomplished by the Owner in accordance with the terms and conditions of a grant agreement between the Owner and the United States, under the Airport and Airway Improvement Act of 1982 and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), pursuant to which the United States has agreed to pay a certain percentage of the costs of the Project that are determined to be allowable project costs under that Act. GENERAL PROVISIONS III-118 3735 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual The United States is not a party to this Contract and no reference in this Contract to the FAA or any representative thereof, or to any rights granted to the FAA or any representative thereof, or the United States, by the Contract, makes the United States a party to this Contract. 2. Consent to Assignment. The Contractor shall obtain the prior written consent of the OWNER to any proposed assignment of any interest in or part of this Contract. 3. Veterans Preference. In the employment of labor (except in executive, administrative, and supervisory positions), the Contractor shall give preference to veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. 4. FAA Inspection and Review. The Contractor shall allow any authorized representative of the FAA to inspect and review any work or materials used in the performance of this Contract. 5. Foreign Trade Restrictions. The Contractor or subcontractors, by submission of an offer and/or execution of a Contract, certifies that it: a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminates against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any Contract or subcontract for this project with a Contractor that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list. C. has not procured any product nor subcontracted for the supply of any product for use on the Project that is produced in a foreign country on said list. 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 GENERAL PROVISIONS III-119 3736 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 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. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 6. Subcontracts. The Contractor shall insure in each of his subcontracts the provisions contained in Paragraphs A., C., and D. of this section and also a clause requiring the subcontractors to include these provisions in any lower tier subcontractors which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 7. Clean Air and Water Pollution Control Requirements for All Construction Contracts and Subcontracts Exceeding $100,000 (One Hundred Thousand Dollars). Contractors agree: a. That any facility to be used in the performance of the Contract or to benefit from the Contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities. b. To comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. GENERAL PROVISIONS III-120 3737 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual C. That as a condition for award of a Contract, they will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the Contract is under consideration to be listed on the EPA List of Violating Facilities. d. To include in any subcontract which exceeds $100,000 (One Hundred Thousand Dollars), the requirements of(a), (b), and (c) above. STANDARD CLAUSE FOR SOLICITATIONS, CONTRACTS, AND SUBCONTRACTS REQUIRED FOR 49 CFR PART 29 8. Certification Regarding debarment, Suspension, ineligibility, and voluntary Exclusion: Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Bidder/Offerer certifies, by submission of this proposal or acceptance of this Contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. Where the Bidder/Offer/Contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. 9. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 10. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated GENERAL PROVISIONS III-121 3738 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 11. Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent 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. 12. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven (7) years after Final Completion. 13. Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or GENERAL PROVISIONS III-122 3739 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 14. Domestic preference for procurements as set forth in 2 CFR §200.322. The COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 140-04 E-VERIFY 1. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. GENERAL PROVISIONS III-123 3740 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual END OF SECTION 140 GENERAL PROVISIONS III-124 3741 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SECTION 150 APPENDIX A Page 1 BUY AMERICAN PREFERENCES BUY AMERICAN CERTIFICATE JAN (1991) By submitting a bid/proposal under this solicitation, except for those items listed by the Offerer below or on a separate and clearly identified attachment to this bid/proposal, the Offerer certifies that steel and each manufactured product, is produced in the United States (as defined in the clause Buy American - Steel and Manufactured Products or Buy American — Steel and Manufactured Products for Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. Offerers may obtain from (insert Sponsor Representative) lists of articles, materials, and supplies excepted from this provision. PRODUCT COUNTRY OF ORIGIN GENERAL PROVISIONS III-125 3742 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual APPENDIX A Page 2 NOTICE TO BIDDERS BUY AMERICAN - STEEL AND MANUFACTURED PRODUCTS FOR CONSTRUCTION CONTRACTS (JAN 1991) (a) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs (b) (1) or (2) shall be treated as domestic. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of components. This means the costs for production of the components, exclusive of final assembly labor costs. (b) The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, except those- (1) that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; (2) that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or (3) that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. (End of Clause) GENERAL PROVISIONS III-126 3743 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual APPENDIX B Page 3 BUY AMERICAN - STEEL AND MANUFACTURED PRODUCTS FOR CONSTRUCTION CONTRACTS (JAN 1991) (a) The Contractor agrees that, only domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, as defined in (b) below. (b) The following terms apply to this clause: 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) those produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of components. This means the costs for production of the components, exclusive of final assembly labor costs. (End of Clause) END OF SECTION 150 GENERAL PROVISIONS III-127 3744 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-128 3745 SPECIAL PROVISIONS 3746 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-2 3747 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual DIVISION IV SPECIAL PROVISIONS SP-1 - PROJECT GENERAL REQUIREMENTS ...........................................................................IV-5 SP-2 - NOTICE TO PROCEED, CONSTRUCTION PHASING AND WORK SEQUENCING ............................................................................IV-23 SP-3 - CONTRACT TIME AND LIQUIDATED DAMAGES .........................................................IV-25 SP-4 - PROTECTION OF AIRPORT CABLES, CONTROLS, NAVAIDS AND WEATHER BUREAU FACILITIES...........................................................................IV-27 SP-5 - RESIDENT PROJECT REPRESENTATIVE.....................................................................IV-29 SP-6 - SAFETY AND SECURITY REQUIREMENTS...................................................................IV-31 SP-7 - LIST OF DRAWINGS.........................................................................................................IV-41 SP-8 - TEMPORARY FACILITIES................................................................................................IV-43 SP-9 - DEWATERING....................................................................................................................IV-49 SP-10 - PRECEDENCE OF DOCUMENTS..................................................................................IV-51 SP-11 - FINAL PAY REQUESTS AND RELATED FORMS........................................................IV-53 SP-12 - STANDBY TIME...............................................................................................................IV-55 SPECIAL PROVISIONS IV-3 3748 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-4 3749 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SPECIAL PROVISION NO . 1 PROJECT GENERAL REQUIREMENTS 1. WORK LOCATION. The work will be performed at Key West International Airport. 2. SCOPE OF WORK The work includes the Runway 9-27 Repairs as detailed in the construction documents. 3. WORK PHASING AND SEQUENCING. Work phasing and sequencing requirements are stipulated in Special Provision No. 2 included hereinafter. 4. TIME OF COMPLETION AND LIQUIDATED DAMAGES. Work included in this contract shall be completed within sixty (60) calendar days from Notice to Proceed Construction as stipulated in Special Provision Nos. 2 and 3. 5. PLANS. The plans included in this contract are listed in Special Provision No. 7. 6. LOCATION OF EXISTING UNDERGROUND CABLES AND STRUCTURES. All existing cables, light fixtures, signs and related structures are to be protected by the Contractor in accordance with the provisions contained in Special Provision No. 4. 7. PROTECTION OF EXISTING PAVEMENTS AND STRUCTURES. The Contractor shall be responsible for methods, means, materials and procedure necessary to protect all existing facilities, property, asphalt and concrete pavements, structures, equipment, and finishes from any and all damage whatsoever arising from the execution or non-execution of the work of this project. The Contractor shall take all necessary precautions to protect asphalt and concrete pavement surfaces when steel treaded equipment or vehicles are used. Rubber tires or treads shall be used wherever possible. All conflicts discovered between existing underground utilities or structures and new structures and other foundation work shall be immediately brought to the attention of the Engineer who will then issue directions regarding a solution to the conflict(s). 8. CONSTRUCTION LAYOUT AND STAKES. Contractor shall furnish all lines, grades and measurements necessary for the proper prosecution and control of the work and contracted for under these specifications. 9. VERIFICATION OF EXISTING CONDITIONS. Prior to bidding and commencing with construction, the Contractor shall familiarize himself as to the existing conditions. Should the Contractor discover any inaccuracies, errors or omissions between the actual SPECIAL PROVISIONS IV-5 3750 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual existing conditions and the Contract Documents, he shall within fifteen (15) calendar days prior to Bid Opening, notify the Engineer in writing. Submission of Bid by the Contractor shall be held as an acceptance of the existing conditions by the Contractor. 10. SAFETY AND PROTECTION. A. General Project Safety: In as much as each work area will be accessible to and used by the public, the Owner and other companies doing business at the Airport during the construction period, it is the Contractor's responsibility to maintain each work area in a safe, hazard free condition at all times. Should the Owner find the area unsafe at any time, they will notify the Contractor, and the Contractor shall take whatever steps necessary to remedy the unsafe condition. Should the Contractor not be immediately available for corrective action, the Owner will remedy the problem and the Contractor shall reimburse the Owner for the expense of such correction. B. Airfield and Security: This Project includes consists of work during night shift hours (11:00 PM — 6:00 AM). Refer to the CSPP and phasing plans for more information regarding Airfield Security and closures. C. Protection of Property: Fixed structures, equipment, paving, landscaping and vehicles (automobiles, trucks, etc.) shall be protected with drop cloths, shielding and other appropriate measures to ensure maximum protection of all property and vehicles. 11. PRE-CONSTRUCTION CONFERENCE. Before beginning work at the site, the Contractor shall attend a pre-construction conference and bring with him the superintendent employed for this project. In the event the Contractor is unable to attend, he shall send a letter of introduction with the superintendent in which he advises the superintendent's full name and states that he is assigned to the project and will be in full responsible charge. This conference will be called by the Engineer or Resident Project Representative (RPR), who will arrange for the Owner's representative and other interested parties to be present. At this time, all parties will discuss the project under contract and prepare a program of procedure in keeping with requirements of the drawings and specifications. The superintendent will henceforth make every effort to expeditiously coordinate all phases of the work, including the required reporting procedure, to obtain the end result within the full purpose and intent of the drawings and specifications for the project. 12. COORDINATION AND PROGRESS MEETINGS A. General: The RPR will prepare a written memorandum on required coordination activities. Included will be such items as required notices, reports, and attendance at meetings. This memorandum will be distributed to each entity performing work at the project site. B. Weekly Coordination and Progress Meetings: The RPR will hold weekly general project coordination and progress meetings at regularly scheduled SPECIAL PROVISIONS IV-6 3751 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual times convenient for all parties involved. These meetings are in addition to specific meetings held for other purposes, such as special project meetings and special pre-installation meetings. The RPR will require representation at each meeting by every party currently involved in coordination or planning for the work of the entire project. Meetings will be conducted in a manner which will resolve coordination problems. C. The RPR will record results of the meeting and distribute copies to everyone in attendance and to others affected by decisions or actions resulting from each meeting. 13. ADMINISTRATIVE/SUPERVISORY PERSONNEL. The Contractor shall provide a full-time Project Management Team consisting of a Project Superintendent and other supervisory personnel for the duration of the Project. The names and qualifications of this team for this work shall be submitted to the Owner as part of the Bidder Qualification Form. They shall have a minimum of five (5) years of experience on suitable projects of equal difficulty. The Project Superintendent shall be at the construction site at all periods when work is in progress. This person shall have full authority to act on the Contractor's behalf. It is agreed and understood that, if requested in writing by the Owner, the Contractor shall replace any member of the team with another meeting the required qualifications within three (3) days of the receipt of the request. 14. SPECIAL REPORTS. A. Reporting Unusual Events: When an event of an unusual and significant nature occurs at the site, Contractor shall prepare and submit a special report to the Engineer. List chain of events, persons participating, response by the Contractor's personnel, an evaluation of the results or effects and similar pertinent information. Advise the Owner and Engineer as soon as possible when such events are known. B. Submit special reports directly to the Owner within one day of occurrence. Submit a copy of the report to the Engineer and other entities that are affected by the occurrence within one day of the occurrence. SPECIAL PROVISIONS IV-7 3752 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 15. SCHEDULE OF WORK. A. Prepare and submit, in triplicate, for the Engineer's information, progress schedules for the work. B. Progress schedules shall relate to the entire project to the extent required by the Contract Documents and shall provide for expeditious and practicable execution of the work. C. Progress schedules shall be updated monthly. D. Percent complete shall be based on actual construction in place or dollar volume of the work. If dollar volume of the work reflects the greater percent complete, the maximum percent complete shall in no case exceed 5 percent of the value of the in-place construction. 16. PROGRESS SCHEDULE. Preliminary Schedule: Within 15 days after date of Notice of Award and Acceptance, the Contractor shall submit his preliminary network phasing diagram (Preliminary Schedule) indicating a comprehensive overview of the Project including an activity line for each of the work segments to be performed at the site. 1) Arrange the schedule to indicate required sequencing of work and to show time allowances for submittals, inspections, and similar time margins. 2) The submitted schedule shall be reviewed by the Engineer and Owner for conformance to Critical Dates and overall project completion time criteria. Lack of this information will be cause for rejection of the schedule. 3) Following initial submittal of schedule to and response by the Engineer, print and distribute the Progress Schedule to entities with a need-to-know responsibility, including three (3) copies to the Engineer. Post in temporary office space. Revise at intervals matching payment requests, and redistribute and repost. Provide copies required with payment requests. 17. MAINTENANCE OF SCHEDULE. The Contractor's Progress Schedule must be updated on a monthly basis, and a copy thereof submitted with each of the Contractor's Applications for Payment. The updated Progress Schedule shall not only indicate revisions to the Schedule for upcoming work but show "as-built" schedule progress data. The Engineer will not recommend for payment, by the Owner, an Application for Payment without the Contractor's submission of a Monthly Schedule Update. SPECIAL PROVISIONS IV-8 3753 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual A. If the Contractor's Monthly Schedule Update reflects, or the Engineer determines, that the Contractor is at least ten percent (10%) behind the original Progress Schedule or fourteen (14) or more calendar days behind the original Progress Schedule for: 1) the work as a whole; 2) a major Contract item; 3) an item of work which is on the critical path; or 4) an item of work not on the original critical path that, because of the delay or anticipated delay became a critical path item; then the Contractor must submit with the Monthly Schedule Update his proposed plan for bringing the work back on schedule and completing the Work within the Contract time. B. The Progress Schedule shall be coordinated by the Owner's Project Administrator with the overall schedule for the Airport Projects. The Contractor is required to revise the Progress Schedule promptly in accordance with the conditions of the work, subject to approval by the Owner's Project Coordinator and the Engineer. C. The Contractor shall comply fully with all time and other requirements of the Contract Documents. Recommendation of an Application of Payment of the Engineer and payment thereon by the Owner, without the submission of a Monthly Schedule Update, shall not constitute a waiver of the requirements of such updates, nor shall it relieve the Contractor from the obligation to complete the Work within the Contract Time. D. Should a review of work indicate a critical path (milestone) item has fallen behind the approved schedule; at the option of the Engineer; funds equal to the established liquidated damages for the number of calendar days behind schedule will be withheld until that critical path item is brought back on schedule. 18. CHANGES IN THE SCHEDULE. A. Minor Changes: Each week, prior to the weekly coordination meeting, during the time of the contract, the Contractor shall notify the Engineer of any minor changes that are anticipated in the schedule for the following week. B. Major Changes: If for any reason, a major change in the approved SPECIAL PROVISIONS IV-9 3754 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual schedule is anticipated, the Contractor shall make the necessary changes to the schedule and resubmit the revised schedule for approval. Copies of the approved schedule shall be posted in the Contractor's field office with completed work identified in colored pencil. 19. MAINTENANCE OF TRAFFIC. A. The Contractor shall not obstruct nor create a hazard to any traffic during the prosecution of the work and shall be responsible for repair of all damage to existing pavement or facilities caused by his operations. B. Beginning date of Contractor's Responsibility: the Contractor's responsibility for maintenance of traffic shall begin on the day he starts the work and continue until Final Completion and Acceptance of the Project. C. Sections Not Requiring Traffic Maintenance: the Contractor will not be required to maintain traffic over those portions of the Project where no work is to be accomplished or where construction operations will not affect aircraft operations. The Contractor, however, shall not obstruct nor create a hazard to any traffic during the prosecution of the work and shall be responsible for repair of any damage to existing pavement or facilities caused by his operations. D. Traffic During Construction: All construction vehicles are required to use existing traffic routes. Normal traffic lanes are not to be used as staging areas for arriving delivery vehicles. The Contractor's employees shall utilize the designated Contractor employee parking area. E. Contractor Signing: The Contractor may furnish and install construction traffic directional signs along the existing traffic route. The signs shall depict Contractor's logo or name, directional arrows and "deliveries". Signs shall be of sufficient size to have 8" high message and shall be located at each decision point. All signs and their locations shall be approved by the Engineer and Owner. NO OTHER SIGNS ARE PERMITTED. F. Material Deliveries: The Contractor shall make his own material and equipment deliveries. No deliveries shall be made by vendors or suppliers without escort by a representative of the Contractor. G. Notification: On days when construction traffic is expected to be extra heavy or when oversized pieces of equipment are to be delivered, give minimum forty-eight (48) hours notice to the Engineer. H. All Contractor's material orders for delivery to the work site will use as a delivery address, the street name and number assigned to the SPECIAL PROVISIONS IV-10 3755 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual access point onto the airport. The name KEY WEST INTERNATIONAL AIRPORT shall not be used in the delivery address at any time. This will preclude delivery trucks from entering into aircraft operations areas inadvertently. All Contractor material orders for the work site shall be delivered to the areas designated as the Contractor's receiving area. All deliveries shall be made only during the Contractor's working hours. I. Interference Request: 1) The Contractor shall be responsible for notifying the Owner in writing and securing approval for any and all interruptions or interference with traffic (pedestrian, automobile, or other necessary function of the Airport or any of the Airlines). 2) The request shall include a traffic control plan indicating barricades, lighting and flagmen where required. 3) Such notification shall be made as soon as possible but in no case less than 48 hours prior to interference. 4) It is suggested that the Contractor utilize a standard form addressed to the Owner with a blank space for a description of the interference, the exact area affected, the exact times and dates the interference will take place and blanks for the Owner's approval. The forms shall be submitted in duplicate. No interference will be allowed until the Contractor has received back a copy of the approved interference request form. J. Personnel Traffic: 1) General: All construction personnel shall be restricted to construction areas. They shall wear shirts with sleeves and long pants at all times. 2) Use of Public Areas: The Contractor's workmen shall not utilize public areas for taking their "work breaks" or "Iunchbreaks". Areas for this purpose can be designated by the Owner upon request. No Public Toilets shall be used by any workmen at any time. 20. DAILY CLEAN-UP AND TRASH REMOVAL. A. Debris from this work shall be promptly removed from the site at least daily. It shall not be allowed to become a hazard to the safety of the public. B. The Contractor shall be responsible for clean-up and trash removal. Accumulation of trash and debris will not be allowed and the RPR may SPECIAL PROVISIONS IV-11 3756 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual at any time direct the Contractor to immediately remove his trash and debris from the site of the work when in the opinion of the Owner such trash constitutes a nuisance or in any way hinders the work or the Airports operations. If the Contractor should fail to remove his trash and debris from the site of the work in a timely manner, the Owner may have this work performed and deduct the cost of such from Contractor's payment. 21. CLEANING AND PROTECTION. A. General: During handling and installation of work at the project site, clean and protect work in progress and adjoining work on the basis of continuous daily maintenance. Apply protective covering on installed work to ensure freedom from damage or deterioration. B. Clean and perform maintenance on installed work as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. C. Limiting Exposure of Work: To the extent possible through appropriate control and protection methods, supervise performance of the work in such a manner and by such means which will ensure that none of the work, whether completed or in progress, will be subjected to harmful, dangerous, damaging or otherwise deleterious exposure during the construction period. Such exposures include, where applicable, but not by way of limitation the following: 1) Excessive static or dynamic loading 2) Excessive internal or external pressures 3) Solvents 4) Chemicals 5) Light 6) Puncture 7) Abrasion 8) Heavy Traffic 9) Soiling 10) Combustion 11) Improper shipping or handling 12) Theft 13) Vandalism D. Protection at Openings: Contractor shall provide protection at all openings in SPECIAL PROVISIONS IV-12 3757 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual structures and finishes to maintain the building weather and dust tight. All protection shall be of solid material and substantial so that it will not be disturbed by wind and weather normal to the area and season, and also tight fitting to prevent noise infiltration. E. Protection of Improvements: 1) Damage to Existing Facilities: Existing surfaces and materials of the Owner's property not requiring work by the Contract Documents that is damaged by the Contractor's operations shall be immediately repaired. Repaired surfaces and materials shall match existing adjacent undamaged surfaces and materials. Repair work shall be coordinated with the Engineer and Owner with regard to time and method. 2) Accidental Demolition: All structures or parts thereof that may become damaged due to accident or Contractor's error shall be restored to their original condition at no cost to the Owner. Materials and equipment being used in the repair or replacement resulting from damage shall be new and shall perform at the manufacturer's published capacities. If the existing equipment or materials cannot be identified, or if unavailable, the selection of the replacement will be subject to approval by the Engineer in writing. F. Overhead Protection 1) No cranes or other construction equipment shall cross over non- construction personnel, their travel ways or ride systems. 2) The plan of operation of cranes and other hoisting equipment shall be established in writing by the Contractor. This plan of operation shall be subject to approval by the Engineer. 22. CONSERVATION AND SALVAGE A. General: It is a requirement for supervision and administration of the Work that construction operations be carried out with the maximum possible consideration given to conservation of energy, water and materials. In addition, maximum consideration shall be given to salvaging materials and equipment involved in performance of the work but not incorporated therein. Refer to other sections for required disposition of salvaged materials which are the Owner's property. 23. TESTING COST BORNE BY OWNER. Unless otherwise specified herein, all initial construction "acceptance" testing costs shall be borne by the Owner. An independent testing laboratory selected and responsible to the Engineer shall perform all "acceptance" testing required by the technical specifications or as directed by the Owner and/or the Engineer. SPECIAL PROVISIONS IV-13 3758 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 24. TESTING COST BORNE BY CONTRACTOR. The Contractor shall bear the cost of testing under the following conditions: A. If substitute materials or equipment are proposed by the Contractor, he shall pay the cost of all tests which may be necessary to satisfy the Engineer that specification requirements are satisfied. The Contractor shall pay for the Engineer's time spent in review and administrating such proposed substitution. B. If materials or workmanship are used which fail to meet specification requirements, the Contractor shall pay the cost of all testing deemed necessary by the Engineer to determine the safety or suitability of the material or element. C. The Contractor shall pay for all testing costs including, but not limited to, power, fuel, and equipment cost which may be required for complete testing of all equipment and systems for proper operation. D. The Contractor shall pay for all testing required for materials, job mix designs, equipment, structures and related items included in all shop drawings and other submittals as required by the Technical Specifications to be submitted and approved by the Engineer prior to construction. 25. PROJECT DOCUMENTATION. A. Project Drawings: The successful Contractor will be furnished, at no charge, four (4) copies of drawings and specifications. Additional copies may be purchased at actual cost of reproduction. A field set of drawings and specifications shall remain on thejob site at all times and shall be available at all times to the Engineer. The field set shall be continuously updated to reflect the "as-built" condition of all work included in this Contract. The Contractor shall immediately include plainly and conspicuously on the field set of drawings, and at appropriate paragraphs in the specifications, all changes or corrections made by addenda and change orders as they are issued. Approved copies of all shop drawings and other submittals are to be kept on the job site at all times and shall be available at all times to the Engineer. Changes and deviations from the existing conditions shall be submitted in writing for approval by the Engineer or Owner prior to installation. In no case shall any unspecified equipment or materials be installed without prior approval by the Engineer. SPECIAL PROVISIONS IV-14 3759 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual B. Record Documents: 1) Definition: Record copies are defined to include those documents or copies relating directly to performance of the work, which the Contractor is required to prepare or maintain for the Owner's records, recording the work as actually performed. In particular, record copies show changes in the work in relation to the way in which shown and specified by the original contract documents; and show additional information of value to the Owner's records, but not indicated by the original Contract Documents. Record copies include newly-prepared drawings (if any are specified), marked-up copies of contract drawings, shop drawings, specifications, addenda and change orders, marked-up product data submittals, record samples, field records for variable and concealed conditions such as excavations and foundations, and miscellaneous record information on work which is otherwise recorded only schematically or not at all. 2) Record Drawings: The Contractor shall maintain a set of Record Drawings at the job site. These shall be kept legible and current and shall be available for inspection at all times by the Engineer. Show all changes or work added on these Record Drawings in a contrasting color. a) Mark-up Procedure: During progress of the work, maintain a white-print set (blue-line or black-line) of contract drawings and shop drawings, with mark-up of actual installations which vary substantially from the work as originally shown. Mark whatever drawing is most capable of showing actual physical condition, fully and accurately. Where shop drawings are marked up, mark cross-reference on contract drawings at corresponding location. Mark with erasable colored pencil, using separate colors where feasible to distinguish between changes for different categories of work at the same general location. Mark-up important additional information which was either shown schematically or omitted from original drawings. Give particular attention to 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 SPECIAL PROVISIONS IV-15 3760 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual certification of substantial completion on the last major portion of the work, review the completed mark-up of record drawings and shop drawings with the Engineer. The Engineer will then proceed with preparation of a full set of corrected contract drawings. The Engineer will date each updated drawing and label each sheet "PROJECT RECORD" in 1-1/2 inch high letters. Printing as required herein is the responsibility of the Engineer. 3) Copies, Distribution: Upon completion of record drawings, the Engineer shall prepare blue-line or black-line prints of each drawing, regardless of whether changes and additional information were recorded thereon. The Engineer shall then organize into manageable sets, bind with durable paper cover sheets, and print suitable titles and dates. The markup set of prints maintained during the construction period shall be bound in the same manner. The Engineer will retain one copy set. At the completion of the project, the Engineer shall submit one set of prints, with changes noted thereon, to the Owner. Record Drawings shall contain the names, addresses and phone numbers of the General Contractor and the major sub- contractors. 4) The Engineer shall be the sole judge of the acceptability of the Record Drawings. Receipt and acceptance of the As-Built drawings is a pre-requisite for Final Payment. 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 on work where it is concealed or cannot otherwise be readily discerned at a later date by direct observation. Note related record drawing information and product data where applicable. Upon completion of the mark-up, submit to the Engineer for the Owner's records. Label the front cover"PROJECT RECORD" in 1-1/2 inch high letters. 2) Where the manual is printed on one side of the page only, mark variations on blank left-hand pages of the Project Manual, facing printed right-hand pages containing original text affected by variation. D. Record Product Data During progress of the work, maintain one copy of each product data submittal, and mark-up significant variations in the actual work in comparison with submitted information. Include both variations in product as SPECIAL PROVISIONS IV-16 3761 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual delivered to site, and variations from manufacturer's instructions and recommendations for installation. Give particular attention to concealed products and portions of the work which cannot otherwise be readily discerned at a later date by direct observation. Note related change orders and mark-up of record drawings and specifications. Upon completion of the mark-up, submit the complete set of product data submittals to Engineer for the Owner's records. Label each data submittal "PROJECT RECORD" in 1-1/2 inch high letters. E. Record Sample Submittal Immediately prior to the date(s) of substantial completion, the Engineer and Owner's personnel will meet with the Contractor on site, and will determine if any of the submitted samples maintained by the Contractor during progress of the work are to be transmitted to the Owner for record purposes. Comply with the Engineer's instructions for packaging, identification marking, and delivery to the Owner's sample storage space. Dispose of other samples in the manner specified for disposal of surplus and waste materials, unless otherwise indicated by the Engineer. F. Miscellaneous Record Submittals Refer to other sections of these specifications for requirements of miscellaneous record-keeping and submittals in connection with actual performance of the work. Immediately prior to the date(s) of substantial completion, complete miscellaneous records and place in good order, properly identified and bound or filed, ready for continued use and reference. Submit to the Engineer for the Owner's records. Categories of requirements resulting in miscellaneous work records are recognized to include, but are not limited to, the following: 1) Required field records on excavations, foundations underground construction, wells and similar work. 2) Surveys by a Registered Land Surveyor establishing lines and elevations of finished construction. 3) Inspection and Test Reports: Where not processed as shop drawings or product data. 4) Asphalt or PCC pavement or backfill mix design record and/or certifications. 5) Concrete mix certifications. 6) Manufacturer's certifications that all fence component materials conform to specified ASTM specifications. Certifications shall be accompanied by reports containing the test results for which the certifications are SPECIAL PROVISIONS IV-17 3762 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual made. G. Project Close-out Project close-out is hereby defined to include general requirements near end of Contract Time, in preparation for final acceptance, final payment, normal termination of contract, occupancy by the Owner and similar actions evidencing completion of the work. Specific requirements for individual units of work are specified in other sections. Time of close-out is directly related to substantial completion, and therefore may be a single time period for the entire work or a series of time periods for individual parts of the work which have been certified as substantially complete at different dates. The time variation, if any, shall be applicable to other provisions of this section. H. Prerequisites to Substantial Completion 1) Prior to requesting the Engineer's inspection for certification of substantial completion, for either the entire work or portions thereof, complete the following and list known exceptions in request: a) In progress payment request coincident with, or first following the date claimed, show 100% completion for the portion of work claimed as "substantially completed", or list incomplete items, value of incompleteness, and reasons for being incomplete. b) Include supporting documentation for completion as indicated in the Contract Documents. c) Submit statement showing accounting of changes to the Contract Sum. d) Advise the Owner of pending insurance change-over requirements. e) Obtain and submit releases enabling the Owner's full and unrestricted use of the work and access to services and utilities, including, where required, occupancy permits, operating certificates, and similar releases. f) Deliver tools, spare parts, extra stocks of materials, removed light fixtures, transformers and similar physical items to the Owner. g) Make final change-over of locks and transmit keys to the Owner, and advise Owner's personnel of change-over in security provisions. SPECIAL PROVISIONS IV-18 3763 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual h) Complete start-up testing of systems, and instructions of Owner's operating-maintenance personnel. Discontinue, or change over and remove from project site, temporary facilities and services, along with construction tools and facilities, mock-ups, barricades and similar elements. 2) Inspection Procedures: Upon receipt of the Contractor's request, the Engineer will proceed with inspection or advise the Contractor of prerequisites not fulfilled. Following initial inspection, the Engineer will prepare a Certificate of Substantial Completion or advise the Contractor of work which must be performed prior to issuance of the Certificate and will perform a repeat inspection when requested and assured by the Contractor that the work has been substantially completed. Results of the completed inspection will form an initial "punchlist" for final acceptance. I. Prerequisites to Final Acceptance 1) Prior to requesting the Engineer's final inspection for certification of final acceptance as required by the General Provisions, the Contractor shall complete the following and list known exceptions in the request: a. Submit certified copy of the Engineer's final punchlist of itemized work to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance, endorsed and dated by the Engineer. b. Complete final cleaning up requirements, including touch-up of marred surfaces. C. Touch-up and otherwise repair and restore marred exposed finishes. 2) Re-inspection Procedures: Following Substantial Completion, the Contractor shall correct or remedy all Punchlist items to the satisfaction of the Engineer and Owner within a two (2)week period after the Date of Substantial Completion. If subsequent inspections are necessary after the two week period in order to eliminate all deficiencies, the cost of all subsequent inspections with respect to the Owner and Engineer's time shall be paid by the Contractor. When ready, the Contractor shall request in writing a final inspection of the work. Upon completion of re-inspection, the Engineer will prepare a Certificate of Final Acceptance or advise the Contractor of work not completed or obligations not fulfilled as required for Final Acceptance. If necessary, the procedures will be repeated. J. Prerequisites to Final Payment SPECIAL PROVISIONS IV-19 3764 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 1) Final Payment: Final Payment will be made after final acceptance of the project by the Engineer and Owner upon request by the Contractor on condition that the Contractor: a) Furnish properly executed complete releases of lien from all material men and subcontractors who have furnished materials or labor for the Work and submit supporting documentation not previously submitted and accepted. Include certificates of insurance for products and completed operations where required. b) Furnish the Contractor's Affidavit of Release of Liens (2 copies) that all material men and subcontractors have been paid in full. In the event they have not been paid in full, the Owner shall retain a sufficient sum to pay them in full and at his option may make direct payment as provided in Chapter 713, Florida Statutes, as amended, to obtain complete releases of lien. This authorization to make a direct payment is not an acknowledgement or waiver by the Owner that an unpaid Subcontractor Material man may seek payment from the Owner rather than from the Public Construction Bond Surety as required by Sect. 255.05, F.S. c) Furnish Contractor's Affidavit of Debts and Claims (2 copies). d) Furnish required sets of record drawings and maintenance and operating instructions of new mechanical equipment. e) Furnish guarantees signed by subcontractors, material suppliers, and countersigned by the Contractor for operating equipment. f) Submit specific warranties, workmanship-maintenance bonds, maintenance agreements, final certifications and similar documents. g) Furnish a signed guarantee, in form acceptable to Engineer and Owner agreeing to repair or replace as decided by the Engineer, all work and materials that prove defective within one (1) year (or more) from the date of final acceptance, including restoration of all other work damaged in making such repairs or replacements. h) Furnish consent of Surety to final payment. i) Submit updated final statement, accounting for final changes to Contract Sum. SPECIAL PROVISIONS IV-20 3765 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual j) Submit evidence of final, continuing insurance coverage complying with insurance requirements. k) Certify that all Social Security, Unemployment and all other taxes (City, State, Federal Government) have been paid. I) Provide receipt, as applicable, of affidavits certifying all labor standards of local, State, or Federal requirements have been complied with by the Contractor. K. Record Document Submittals Specific requirements for record documents are shown in the section, PROJECT RECORD DOCUMENTS. Other requirements are indicated in the General Provisions. General submittal requirements are indicated in "Submittals" sections. Do not use record documents for construction purposes; protect from deterioration and loss in a secure, fire-resistive location; provide access to record documents for the Engineer's reference during normal working hours. 1 ) Record Drawings: The Engineer shall organize record drawing sheets into manageable sets, bind with durable paper cover sheets, and print suitable titles, dates and other identification on cover of each set. 2) Record Specifications: Upon completion of mark-up, submit to the Engineer for the Owner's records. 3) Record Product Data: Upon completion of mark-up, submit a complete set to the Engineer for the Owner's records. 4) Record Sample Submittal: Comply with the Engineer's instructions for packaging, identification, marking, and delivery to the Owner's sample storage space. 5) Miscellaneous Record Submittals: Complete miscellaneous records and place in good order, properly identified and bound or filed, ready for continued use and reference. Submit to the Engineer for the Owner's records. 6) Maintenance Manuals: Complete, place in order, properly identify and submit to the Engineer for the Owner's records. L. Close-out Procedures General Operating and Maintenance Instructions: Arrange for each installer of work requiring continuing maintenance or operation, to meet with the Owner's personnel at the project site to provide basic instructions needed for proper operation and maintenance of the entire work. Include SPECIAL PROVISIONS IV-21 3766 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual instructions by manufacturer's representatives where installers are not expert in the required procedures. Review maintenance manuals, record documentation and materials, lubricants, fuel, identification system, control sequences, hazards, cleaning and similar procedures and facilities. For operational equipment, demonstrate start-up, shut-down, emergency operations, safety, economy, efficiency adjustments, and similar operations. Review maintenance and operations in relation with applicable warranties, agreements to maintain bonds, and similar continuing commitments. Permit owner employees to video tape operating and maintenance instructions. 26. FINAL CLEANING. A. Provide final cleaning of the work, at the time indicated, consisting of cleaning each surface or unit of work to normal "clean" condition. B. Removal of Protection: Remove temporary protection devices and facilities which were installed during the course of the work to protect previous completed work during the remainder of the construction period. C. Compliances: Comply with safety standards and governing regulations for cleaning operations. Do not burn waste materials at site, nor bury debris or excess materials on Owner's property. Do not discharge volatile or other harmful or dangerous materials into drainage systems. Remove waste materials from site and dispose of in a lawful manner. Where extra materials of value remain after the completion of the associated work have become the Owner's property, dispose of these as directed by the Owner. SPECIAL PROVISIONS IV-22 3767 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SPECIAL PROVISION NO. 2 NOTICE TO PROCEED , CONSTRUCTION PHASING AND WORK SEQUENCING NOTICE TO PROCEED To avoid the Contractor from being held responsible for delays in obtaining the necessary permits, and having these delays deducted from the total calendar days provided in the contract to complete construction, two (2) Notice to Proceeds will be issued as follows: A. Notice to Proceed Permits /Administrative A Notice to Proceed permit will be issued ten (10) days after award of contract. At this time the Contractor shall accomplish the following activities, but not limited to: 1. Obtain permits as required for construction. 2. Prepare and transmit all shop drawings, submittals and certifications as required by the Contract Documents to the Engineer for review and approval. 3. Place orders for the purchase and delivery of equipment, materials and supplies required to complete the work in accordance with the Contract Documents. 4. Prepare his staging area and establish haul routes. 5. Mobilize equipment, materials and supplies in Contractor's staging area. No men, equipment, materials or supplies will be allowed outside the staging area during this time unless otherwise authorized by the Engineer. No onsite construction activities shall be accomplished, and the airport shall remain open to aircraft operations during this time. It is anticipated that the Notice To Proceed Permits will be issued in August 2023. B. Notice to Proceed Construction Only after the Contractor has obtained all the necessary permits, will the Notice to Proceed Construction be issued, which shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall submit a construction progress schedule to the Engineer in accordance with Section 16 of Special Provision No. 1. The SPECIAL PROVISIONS IV-23 3768 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual progress schedule shall indicate the phasing and work sequencing anticipated to be accomplished by the Contractor. No actual work shall begin until the construction progress schedule has been approved by the Engineer. It is anticipated that Notice to Proceed Construction will be issued in September 2023. At this time the Contractor shall develop all the construction activities necessary to complete the work in accordance with the contract documents. Sixty (60) calendar days will be allowed to complete the work in its entirety. Construction work under this project will be accomplished during the day- time unless otherwise shown on the plans. The construction work included in this project has to be done as shown on the plans. CONSTRUCTION PHASING AND WORK SEQUENCING Upon completion of the work, and before final payment, the contractor shall remove all equipment, surplus and discarded materials, rubbish, and shall submit an as-built information signed and sealed by a professional land surveyor. SPECIAL PROVISIONS IV-24 3769 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 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. 30 Calendar NOTICE TO PROCEED Also, during this time,the Contractor Days PERMITS/ shall order and deliver materials, ADMINISTRATIVE equipment and supplies needed to complete the work. No on-site construction activities shall be accomplished, and the Airport shall remain open to aircraft operations during the stage. NOTICE TO PROCEED CONSTRUCTION PHASE 1 — MILL AND Phase 1 consists of the repair of the OVERLAY RUNWAY eastern portion of Runway 9-27 (approx Maximum 15 PAVEMENT 725' x 100' area) as well as a portion of Calendar Taxiway A4. Days Phase 2 consists of the asphalt pavement Maximum 30 PHASE 2— curing prior to the final pavement marking Calendar PAVEMENT CURING Days and grooving. PHASE 3 — Phase 3 consists of final pavement Maximum 15 GROOVING AND marking and grooving. Calendar PAVEMENT MARKING I Days SPECIAL PROVISIONS IV-25 3770 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual LIQUIDATED DAMAGES If the work is not completed in accordance with the Contract, the Contractor will be assessed liquidated damages listed below for each calendar day the work overruns the allotted contract time. NOTICE TO PROCEED & MILESTONES LIQUIDATED DAMAGES Notice to Proceed Permits / (no on-site construction) activity is being accomplished Administrative during this time. Notice to Proceed Construction If the Contractor fails to achieve substantial completion within the 60 calendar days fixed from when the Notice to Proceed Construction is received, the Contractor shall pay the owner the sum of$5,000.00 per day, thereafter for each and every calendar day of unexcused delay in achieving substantial completion beyond the date set forth herein for completion of this work. Failure to Timely Complete Phase 1 If the Contractor fails to achieve completion of Phase 1 within the 15 calendar days fixed, the Contractor shall pay the owner the sum of 5 000.00 per day, thereafter for each and every calendar day of unexcused delay in achieving completion and RPR acceptance beyond the duration set forth herein for final completion of Phase 1. Failure to Timely Complete Phase 3 If the Contractor fails to achieve completion of Phase 3 within the 15 calendar days fixed, the Contractor shall pay the owner the sum of 5 000.00 per day, thereafter for each and every calendar day of unexcused delay in achieving completion and RPR acceptance beyond the duration set forth herein for final completion of Phase 3. Failure to Re-Open Runway 9-27 under $100.00 per minute beyond 6:00 AM for the first 15 Phase 1 and Phase 3, as outlined in minutes and $2,000.00 per 15 minutes beyond the first Phasing Plan. 15 minutes that work area re-opening time isn't met SPECIAL PROVISIONS IV-26 3771 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SPECIAL PROVISION NO. 4 PROTECTION OF AIRPORT CABLES, CONTROLS, NAVAIDS AND WEATHER BUREAU FACILITIES A. The Contractor is hereby informed that there may be installed on the Airport FAA NAVAI IDS including, without limitation, airfield lighting systems, electric cables and controls relating to such NAVAIDS and facilities. Such NAVAIDS and other facilities and electric cables must be fully protected during the entire construction time. Work under this contract can be accomplished in the vicinity of these facilities and cables only at approved periods of time. Approval is subject to withdrawal at any time because of change in the weather, emergency conditions on the existing airfield areas, anticipation of emergency conditions, and for any other reason determined by the Resident Project Representative (RPR) acting under the orders and instructions of the airport management and the designated FAA representative. Any instructions to this contractor to clear any given area at any time by the RPR or the Airport Management shall be immediately executed. Construction work will be commenced in the cleared area only when additional instructions are issued by the Engineer. B. Power and control cables leading to and from any FAA NAVAIDS and other facilities have been located and shown from best available information and are approximate. The Contractor shall verify actual locations. Through the entire time of this construction, the Contractor shall not allow any construction equipment to cross power and control cables leading to and from any FAA NAVAIDS or other facilities without first protecting the cable with steel boiler plate, or similar structural devices, on three (3') feet either side of the marked cable route. All excavation within three (3') feet of existing cables shall be accomplished by hand digging only. C. This Special Provision intends to make perfectly clear the need for protection of FAA NAVAIDS and other facilities and cables by this contractor at all times. D. The Contractor shall immediately repair, at his own expense, with identical material by skilled workmen, any underground cables serving FAA NAVAIDS and other airport facilities, which are damaged by his workmen, equipment, or work. Prior approval of the FAA must be obtained for the materials, workmen, time of day or night, method of repairs, and for any temporary or permanent repairs the Contractor proposes to make to any FAA NAVAIDS and facilities damaged by the Contractor. Prior approval of the Engineer must be obtained for the materials, workmen, time of day or night, and for the method of repairs for any temporary or permanent repairs the Contractor proposes to make to any other airport facilities and cables damaged by this Contractor. If any repair requires splicing, it shall be spliced at the direction of the Engineer. No work shall be backfilled or covered prior to approval by the Engineer. E. The Contractor shall have a sufficient supply of extra cable, connectors, splice kits and light fixtures on site to temporarily jump around damaged or cut cables and fixtures if necessary to make the existing runway/taxiway/NAVAIDS systems operational during scheduled aircraft operation periods. SPECIAL PROVISIONS IV-27 3772 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-28 3773 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SPECIAL PROVISION NO. 5 RESIDENT PROJECT REPRESENTATIVE 1. ON-SITE OBSERVATION. The Resident Project Observation for this contract shall be performed by the Engineer or his duly authorized representative. 2. DUTIES OF RESIDENT PROJECT REPRESENTATIVE. The RPRs Inspector's duties and responsibilities are to: a. Monitor performance of the Contractor; require correction of work that does not meet plans and specifications; and report serious problems to the Engineer and Owner. b. Determine test sites/locations, coordinate and supervise testing. 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 Engineer for advice and assistance when needed and when major problems arise. k. Recommend to the Engineer when a Change Order or Supplemental Agreement is required. SPECIAL PROVISIONS IV-29 3774 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-30 3775 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SPECIAL PROVISION NO. 6 SAFETY AND SECURITY REQUIREMENTS 1. SAFETY REQUIREMENTS A. Construction Sequencing. All construction being accomplished under this contract shall be in accordance with the sequencing indicated on the drawings. B. Radio Communications. When working in an Air Operations Area (AOA), whether closed or not, the Contractor shall maintain communications by two- way radio with the Airport Radio Frequency during all hours of Radio Frequency operations. The Contractor's radios shall be capable of operating on the ground control frequency assigned to the Radio Frequency. The radio operator shall be trained on the use of the radio, including the terminology normally used on airports for ground control communications. If the Contractor is operating in more than one general area on the airport at the same time, additional radios shall be provided to allow coordination of work activities with the Airport Frequency. In addition to the above requirements for radios for use by Contractor's personnel, the Contractor shall provide a similar two-way radio for exclusive use by the Resident Inspector during normal working hours throughout the contract time period. C. Construction Activity and Aircraft Movements. During the time that the Contractor is performing some work, the Airport will remain in use by aircraft except as provided herein. To the extent feasible and convenient, in the opinion of the Engineer, the use by aircraft of runways and taxiways adjacent to areas where the Contractor is working will be so scheduled as to reduce disturbance to the Contractor's operations. Aircraft operations, unless otherwise specified in the contract specifications, shall always have priority over any and all of the Contractor's operations and the Contractor shall not allow his employees, sub-contractors, material men or any other persons over whom he has control, to enter or remain upon or allow any plant or materials to be brought or remain upon any part of the airport which, in the opinion of the Engineer, would be a hazardous location. Should aprons, runways or taxiways be required for use of aircraft and should the Engineer or Resident Inspector deem the Contractor to be too close to the portion used by aircraft for safety, he may in his sole discretion order the Contractor to suspend his operations, remove his personnel, plant, equipment and materials to a safe distance and stand by until the runway and taxiways are no longer required for use by aircraft. SPECIAL PROVISIONS IV-31 3776 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual D. Limitations of Construction 1) All Contractor vehicles that are authorized to operate on the Airport outside of the designated construction area limits or haul routes as specified on the plans and in the active Aircraft Operations Area (AOA) shall display in full view (3600) above the vehicle a 3' x 3' or larger orange and white checkerboard flag, each checkerboard color being 1' square. Any vehicle operating in the active AOA during the hours of darkness shall be equipped with a flashing amber (yellow) dome-type light mounted on top of the vehicle display in full view (3600) and of such intensity to conform to local codes for maintenance and emergency vehicles. 2) All Contractor vehicles that are required to cross active runways, taxiways and approach clear zones shall do so under direct control of a flagman. The flagman shall be trained and instructed by Airport Operations in the regulations governing operations on the AOA and the Airport. The flagman shall remain with his vehicle at all times. All aircraft traffic on runways, taxiways and aprons shall have priority over Contractor's traffic. In the event that flagman is not available, the Contractor must provide his authorized personnel with radios operating on the local ground control frequency of 121.9 for clearance when crossing active runways or taxiways. 3) No runway, taxiway apron or aircraft roadway shall be closed without written approval of the Airport Manager to enable necessary Notices to Airman (NOTAM) or advisories to airport service or tenants. A minimum of 48 hours notice of requested closing shall be directed to the Engineer who will coordinate the request with the Airport Manager. 4) Any construction activity within 200' of an active runway centerline or 85.5' from an active taxiway centerline or open excavations in excess of three inches (Y) deep within the above areas will require closure of the affected runway or taxiway unless otherwise approved by the Airport Manager. Closure requires the same provisions as Paragraph 3) above. 5) Open flames, welding or torch-cutting operations are prohibited unless adequate fire and safety precautions have been taken and the procedure approved by the Airport Manager. 6) Stockpiled material shall be constrained in a manner to prevent movement resulting from aircraft blast or wind conditions in excess of 10 knots. SPECIAL PROVISIONS IV-32 3777 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 7) Open trenches, excavation and stockpiled material located in the AOA shall be prominently marked with flags and lighted by approved light units during hours of visibility and darkness. 8) Contractor to provide barricades across pavement to isolate construction activities from aircraft operating areas at locations as determined by the Resident Inspector. Barricades to be orange and white striped , low-profile type barricades with battery operated red flashing lights or approved equal. Each barricade shall have a minimum of two flashing lights with the intensity of the lights being of such brightness so as to be readily identified during darkness periods. Barricades to be spaced continuously. Barricades are to be sandbagged as necessary to prevent from being blown over. Barricades shall be removed at individual locations as paving in the area is completed. Cost of barricades shall be incidental and included in the mobilization cost. 9) During runway closures, the Contractor shall use the runway closure markers (lighted X) provided by the Airport on each runway end (over runway numerals) in accordance with the special provisions of these specifications unless otherwise approved by the Engineer. 10) The Contractor shall keep all active airfield pavement clear of all debris, stones and other materials during construction. All active pavement shall be cleaned and inspected by the Contractor's superintendent prior to release of work crews after each shift of work. 11 All construction barricades shall be inspected by the Contractor's superintendent prior to release of work crews after each work shift to ensure barricades are properly placed and lighted for non-work hours. 12) Equipment, materials, open trenches, excavation and stockpiled material will not be allowed within 250' of centerline of active runways or within 85.5' of active taxiways after work operations are ceased each work shift. Coverings for open trenches must be of such strength as to support the weight of a 60,000 pound gross weight aircraft on an FAA dual-gear type undercarriage. 13) All existing facilities, equipment (runway/taxiway lights, visual aids, NAVAIDS, etc.) and underground utilities shall be carefully protected by the Contractor. Any damage to these items cause the Contractor or Sub-Contractors shall be immediately repaired and restored to a condition similar or equal to the original condition. SPECIAL PROVISIONS IV-33 3778 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual E. Payment. No separate payment shall be made for the safety requirements stated above. All costs necessary to provide these items or services shall be included in other bid items quoted in the Bid Proposal. 2. SECURITY REQUIREMENTS - CONTRACTOR A. General Intent. The Contractor shall comply with all security requirements specified herein. The Contractor shall designate in writing the name of his Contractor Security Officer (CSO). The CSO shall represent the Contractor on the security requirements of the contract. B. Construction Security Committee. The committee shall be established by the Manager or Director concurrent with the life of this contract to monitor, coordinate and adopt new security procedures relating to this contract. Meeting shall be scheduled by the Manager or Director. Committee membership shall include the CSO, the Manager or Director and such other personnel as the Manager or Director may designate. C. Contractor Personnel Security Orientation. The CSO shall be responsible for briefing all contractor personnel on these requirements and, from time to time, other security provisions adopted by the Construction Security Committee. All new contractor employees shall be briefed on these requirements prior to working in the construction area. D. Access to the Site. Contractor's access to the site shall be as shown on the plans. No other access points shall be allowed unless approved by the Manager or Director. All contractor traffic authorized to enter the site shall be operated by personnel experienced in the route or guided by contractor personnel. The Contractor shall be responsible for traffic control to and from the various construction areas on airport property. The Contractor shall be responsible for immediate clean-up of any debris deposited along any route resulting from his construction traffic. Directional signing at the access point and along the delivery route to the storage area or work sites shall be as directed by the Resident Project Engineer or Representative. E. Materials Delivery to the Site. All Contractor's material deliveries to the site shall enter the airport only at designated gates and such deliveries shall be escorted to the construction site by experienced contractor personnel. This will preclude delivery trucks from entering into the airport or taking short cuts through the perimeter gates and entering into aircraft operation areas inadvertently. SPECIAL PROVISIONS IV-34 3779 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual F. Identification - Vehicles. The Contractor shall establish and maintain a list of contractor and sub-contractor vehicles authorized to operate on the site. Vehicle permits shall be assigned in a manner to assure positive control of all vehicles at all times. Each vehicle shall display a large company sign on both sides of vehicles. The CSO shall maintain a current list of companies authorized to enter and conduct work on the airport. Employee personal vehicles shall be parked in designated areas. These vehicles shall not enter the airfield at any time. All vehicles and equipment entering the job site shall display the company's logo and/or name. The Contractor shall disconnect backup beepers and prevent banging tailgates during nighttime operations. The Contractor will be required to use flaggers to direct equipment movement in the staging area during nighttime hours. G. Identification — Personnel (As Applicable). The Contractor's on site personnel shall be badged with identification from the Key West International Airport. The contractor's supervisor shall submit to a criminal history fingerprints check from the FBI via the Key West International Airport Security manager. All supervisors shall be required to attend an Airport Orientation seminar presented by the airport operations and security unit. All other non-supervisory personnel of the contractor and subcontractor shall be issued a construction worker security badge supplied by the Key West International Airport, said badges will be issued to the Head Contractor for said project. The head contractor shall maintain a master list of all personnel issued said contractor security badges. The list shall be made available for the airport security unit inspection during all hours of construction on the airport. All personnel shall wear their badges on the outermost portion of their garment above their waist at all times while on the airport property. The contractor shall comply with all instructions issued by the airport security unit. The contractor shall provide the airport with the name and a 24 hour contact number for its security officer. Upon the completion of the FBI check, the contractor is issued full airport access badge for the Key West International Airport (SIDA) and he will act as escort to all other personnel. The definition of escort will be explained during the airport training seminar. H. Manager or Director. The work on the Key West International Airport shall be under the direction of the Airport Manager or his authorized agent(s). I. Construction Area Limits. The limits of construction, material storage areas, equipment storage area, parking area and other areas defined as required for the Contractor's exclusive use during construction shall be marked. The Contractor shall erect and maintain around the perimeter of these areas suitable fencing marking and/or warning devices visible for day/night use. SPECIAL PROVISIONS IV-35 3780 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual J. Contractor shall maintain security at all times during construction. K. Payment. No separate payment for the above security requirements shall be made. All costs necessary to cover these items and services shall be included as part of other bid items quoted in the Bid Proposal. 3. AIRPORT SECURITY REQUIREMENTS A. General. The federal Transportation Security Administration is the federal agency primarily responsible for overseeing the security measures utilized by the airport owner pursuant to the relevant provisions of Chapter 49, United States Code, and regulations adopted under the authority of the Code, including but not limited to 49 CFR 1540, et seq. Violations of the statutes or regulations may result in severe civil monetary penalties being assessed against the airport operator. It is the intent of the airport operator that the burdens and consequences of any security violations imposed upon the airport operator as a result of actions by an airport tenant or the airport tenant's employees, agents, invitees, or licensees shall be borne (by the airport tenant. B. Airport Tenant Defined. An airport tenant means any person, entity, organization, partnership, corporation, or other legal association that has an agreement with the airport operator to conduct business on airport property. The term also includes an airport tenant as defined in 49 CFR 1540.5. Each signatory to this Agreement, other than the airport operator, is an airport tenant. C. Airport Operator Defined. As used in this Agreement, airport operator means Monroe County, Florida, its elected and appointed officers, and its employees. D. Airport Property Defined. Airport property shall mean the property owned or leased by, or being lawfully used by, the airport operator for civil aviation and airport-related purposes. For purposes of this Agreement, airport property is the property generally referred to as the Key West Airport, the Marathon Airport, or both as may be set forth in this Agreement. E. Inspection Authority. The airport tenant agrees to allow Transportation Security Administration (TSA) authorized personnel, at any time or any place, to make inspections or tests, including copying records, to determine compliance of the airport operator or airport tenant with the applicable security requirements of Chapter 49, United States Code, and 49 CFR 1540, et seq. F. Airport Security Program. The airport tenant agrees to become familiar, to the extent permitted by the airport operator, with the Airport Security Program promulgated by the airport operator and approved by TSA, and SPECIAL PROVISIONS IV-36 3781 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual also agrees to conform its' operations and business activities to the requirements of the Airport Security Program. G. Tenant Security Program. If permitted under TSA regulations, the airport tenant may voluntarily undertake to maintain an Airport Tenant Security Program as referred to in 49 CFR 1542.113. If the airport tenant voluntarily promulgates an Airport Tenant Security Program that is approved by TSA, such program, as may be amended and approved from time to time, shall be automatically incorporated into this Agreement. H. Breach of Agreement. Should TSA determine that the airport tenant or one or more of the airport tenant's employees, agents, invitees, or licensees has committed an act or omitted to act as required, and such act or omission is a violation which results in TSA imposing a civil penalty against the airport operator in accordance with TSA's Enforcement Sanction Guidance Policy, such determination and imposition of a civil penalty by TSA shall be considered a significant breach of this Agreement. 1) Minimum Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "minimum violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, mitigating, compromising, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures. If the violation is a third violation, or there are multiple violations in excess of two violations, that is or are a civil penalty "minimum violation", the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees an d costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. 2) Moderate Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "moderate violation"as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to SPECIAL PROVISIONS IV-37 3782 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may cause al I of airport tenant's employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant. If the violation is a third violation, or there are multiple violations in excess of two violations, that is orare a civil penalty ,'moderate violation", the airport tenant shall pay 'to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. 3) Maximum Violation. If the violation is the first violation attributed to the airport tenant and is a civil penalty "maximum violation" as provided for in ITSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines and penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may cause all of airport tenant's employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant. If the violation is a second violation, or there are multiple violations, that is or are a civil penalty "maximum violation" the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any SPECIAL PROVISIONS IV-38 3783 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. 4) Mitigation of Breach. TSA has a policy of forgoing civil penalty actions when the airport operator detects violations, promptly discloses the violations to TSA, and takes prompt corrective action to ensure that the same or similar violations do not recur. This policy is known as the TSA Voluntary Disclosure Program Policy, and is designed to encourage compliance with TSA regulations, foster secure practices, and encourage the development of internal evaluation programs. The airport tenant agrees that upon detecting a violation the airport tenant will immediately report it to the airport operator. Should the TSA ultimately determine that the violation was committed by the airport tenant, or an employee, agent, invitee, or licensee of the airport tenant, but the violation should result in the issuance of a letter of correction in lieu of a civil penalty, then the airport tenant shall reimburse the airport operator the total costs incurred by the airport operator in investigating, defending, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, mitigation, or taking of remedial action measures. A violation resulting in the issuance of a letter of correction shall not be considered to be a breach of this Agreement by the airport tenant. 5) Survival of Sub-Section. This sub-section h shall survive the cancellation or termination of this Agreement, and shall be in full force and effect. I. Hold Harmless; Indemnification; Defense; Release; Survival. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, the airport tenant agrees to hold harmless, indemnify, defend and release the airport operator, and the airport operator's elected and appointed officers and employees, from any claims, actions, causes of action, litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any and all types of injury, including death, loss, damage, fines, penalties, or business interruption of any nature whatsoever, of or to any person or property in connection with the use of the airport property under this SPECIAL PROVISIONS IV-39 3784 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Agreement, regardless of causation and including criminal acts of third parties; and especially including any and all fines, penalties, out of pocket expenses, attorney's fees and costs, and costs of remediation or additional security measures required to be implemented by any governmental agency (including but not limited to the Federal Aviation Administration and the Transportation Security Administration) resulting from a violation of any federal law or federal regulation. This sub- section shall survive the cancellation or termination of this Agreement. SPECIAL PROVISIONS IV-40 3785 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SPECIAL PROVISION NO . 7 LIST OF DRAWINGS The drawings which show the location, character, dimensions and details of the work to be done and which are to be considered as a part of the contract supplementary to the specifications are as follows: RUNWAY 9-27 REPAIRS GENERAL G001 COVER G002 INDEX OF DRAWINGS, SUMMARY OF QUANTITIES, ABBREVIATIONS, AND LEGEND G003 GENERAL, SAFETY, AND PHASING NOTES G100 GENERAL SITE AND SURVEY CONTROL PLAN G200 CONSTRUCTION ACCESS AND PART 77 SURFACES G300 GENERAL SAFETY AND PHASING PLAN G310 SAFETY NOTES AND DETAILS G400 PAVEMENT CORE LOCATION PLAN CIVIL C100 EXISTING CONDITIONS PLAN C200 DEMOLITION PLAN C300 GEOMETRY PLAN C400 TYPICAL SECTIONS C401 TYPICAL SECTIONS C410 PAVING DETAILS C500 GRADING PLAN C510 RUNWAY 9-27 PROFILE C600 CROSS SECTIONS (STA. 41+26 TO STA. 51+00) C601 CROSS SECTIONS (STA. 51+50 TO STA. 54+51) C700 PAVEMENT MARKING PLAN C710 PAVEMENT MARKING DETAILS C800 GROOVING PLAN AND DETAILS SPECIAL PROVISIONS IV-41 3786 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-42 3787 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SPECIAL PROVISION NO. 8 TEMPORARY FACILITIES 1. GENERAL DEFINITIONS A. This section specifies certain minimum temporary facilities to be provided regardless of methods and means selected for performance of the work but not by way of limitation and not assured for compliance with governing regulations. Use of alternate temporary facilities may be permitted subject to the Engineer's and Owner's approval and acceptance. B. Energy Considerations: Administer the use of temporary facilities in a manner which conserves energy but without delaying work or endangering persons or property; comply with reasonable requests by the Engineer and Owner. C. Costs: Except as otherwise indicated, costs associated with temporary facilities are the Contractor's. Temporary facilities remain the property and responsibility of the Contractor. D. Dust Control: Adequate measures shall be taken to prevent the transfer of dust to other areas of the airport complex. E. Noise Control: Where work is being conducted in or adjacent to occupied areas, the Contractor shall make every effort to keep construction noise to a minimum. F. Fire Protection: In addition to temporary water service for construction and the placing of permanent fire protection facilities in operating condition at earliest feasible date, provide fire extinguishers of types and sizes recommended by NFPA or any other governing authority or agency. Provide Type A extinguishers in field offices and for similar exposures, Type ABC in construction areas. Locate extinguishers near each entrance. Prohibit smoking except in marked, non-hazardous areas. Smoking in existing premises is prohibited. G. Environmental Protection: Review exposure to possible environmental problems with the Engineer and Owner. Establish procedures and discipline among tradesmen and provide needed facilities which will protect against environmental problems (pollution of air, water and soil, excessive noise and similar problems). SPECIAL PROVISIONS IV-43 3788 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 2. TEMPORARY PROTECTION Provide facilities and services as necessary to effectively protect project from losses and persons from injury during the course of construction. The existing utilities shall not be modified for use by the Contractor. Do not interrupt existing services serving occupied or used facilities except when authorized in writing by the Owner. Provide temporary services during interruptions to existing utilities as acceptable to the Owner. The Contractor shall furnish electrical and water utilities as required and provide temporary power, telephone and system connections where required by the Owner to continue operation of existing equipment or systems during construction. 3. TEMPORARY STAGING/STORAGE AREAS A. The Contractor may provide a trailer or prototype building field office for his own use. The location of the field office or building must be approved by the Engineer and Owner. All costs for connection to utilities shall be paid for by the Contractor. Water, electric and telephone will be available on site. Equipment not in use during construction, nights and/or holidays shall be parked in areas designated by the Engineer and Owner. Construction workers' private vehicles shall be parked within the areas. B. During construction, the Contractor shall maintain these areas in a neat condition. The Contractor's vehicles, equipment and materials shall be stored in the areas designated by the Engineer. Upon completion of the work, the staging and storage areas shall be cleaned up and returned to their original condition to the satisfaction of the Owner. Remove all construction fencing and barricades from the project site. No special payment will be made for clean-up and restoration of the storage area. Personal vehicles will not be permitted beyond the Contractor's parking area. Drivers of vehicles being operated beyond this area shall be subject to loss of permission to enter the construction site. C. If additional storage areas are needed, the Contractor may request it from the Engineer. The request will be reviewed on the basis of what is to be stored and the area needed. The Contractor shall provide any necessary fencing and/or security. 4. TEMPORARY CONSTRUCTION FACILITIES A. Access to the work area: Contractor shall provide access to the Work Area (Means and Methods) prior to construction. This access shall comply with all governing regulations. Contractor shall obtain a specific permit for this temporary access if it is required by any regulatory agency. The cost of the access with all associated permits are the SPECIAL PROVISIONS IV-44 3789 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Contractor's responsibility. B. De-watering: Maintain construction work free of water accumulation. Do not endanger the work or adjacent properties. C. Miscellaneous Facilities: Provide miscellaneous facilities as needed including ladders, runways, shoring, scaffolding, railing, bracing, barriers, closures, platforms, temporary partitions and similar items. 5. TEMPORARY SUPPORT FACILITIES A. General: Provide facilities and services as may be needed to properly support the primary construction process and meet governing regulations. B. Drinking Water: Provide either pipe-connected potable water fountains or electric cooled bottled water fountains or insulated potable water containers in work areas spaced so that personnel at the site will travel no more than 300 feet. C. Toilets: Furnish adequate temporary sanitary facilities within the Contractor's staging and storage areas located on the drawings for the use of workmen during the entire period of construction. Temporary facilities shall be furnished at a minimum ratio of one toilet for each 25 workmen or as required by local governing code, whichever is greater. The toilets shall be portable, chemical type or water-borne type connected to an approved existing sanitary sewer. Toilets shall be placed or installed in conformity with local governing code requirements and shall be enclosed in a weather-tight, fly-proof building with a self-closing door. The building shall be tied down to prevent overturning by wind. Provide standard, roll-type toilet paper holder and a supply of standard, roll-type toilet tissue. The premises shall be thoroughly disinfected at least twice each week. Provide means for locking the door from the outside and keep locked at all times except during hours that workmen are at the project site. SPECIAL PROVISIONS IV-45 3790 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 6. TEMPORARY UTILITY SERVICES A. The Contractor shall coordinate the requirements for temporary utilities with the Owner and shall install at the Contractor's expense all necessary utilities in a safe, acceptable manner. Should leaks, breaks, etc. occur during installation or use, the Contractor shall immediately notify the appropriate utility personnel and promptly repair the utility so as to keep disruption of service to a minimum. B. The Contractor shall provide temporary wiring if required. All wiring shall meet all safety requirements of the National Electrical Code, Florida Department of Commerce, Bureau of Workers' Compensation or local requirements. In addition, all wire shall be so sized that it is not overloaded according to the National Electrical Code and all wire used shall be fused to adequately protect that wire according to the Code referred to. C. The Contractor shall provide all temporary lines and connections from existing sources of water as required for the work. The Contractor is responsible for proper drainage of water used. D. The Contractor shall furnish all temporary wiring, piping connections and other apparatus that is needed to operate the utilities and shall remove all evidence of same when work is complete. E. The Contractor is responsible for obtaining and paying for all utilities that he requires at the project site. 7. STAGING, STOCKPILE AND SPOIL AREAS The staging area(s) depicted on the plans shall be used to store all idle equipment, supplies and construction materials (other than bulk materials such as aggregate, sand and soil). The Contractor may erect and maintain throughout the life of this contract, at his expense, a six-foot high fence of chain link fabric around the perimeter of each staging area used. He may also install vehicle and pedestrian gates as necessary to provide adequate ingress/egress. Additionally, the perimeter of any staging area which abuts an active operation pavement shall be marked with red flashing barricades no more than 50 feet apart. Upon completion of all work, remove all construction fencing and barricades from the project site. The Contractor's vehicles, equipment and materials shall be stored in the area designated on the plans. Upon completion of the work, the storage area shall be SPECIAL PROVISIONS IV-46 3791 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual cleaned up and returned to its original condition to the satisfaction of the Owner. Personal vehicles will not be permitted beyond the Contractor's parking area. Drivers of vehicles being operated beyond this area shall be subject to loss of permission to enter the construction site. Equipment not in use during construction, nights and/or holidays will be parked in the Contractor's staging area. Exceptions will only be approved by the Engineer when absolutely necessary. Parking of construction workers' private vehicles shall also be within the staging area construction fence. Stockpile areas shall be used to store all bulk materials needed for the project and may or may not be fenced at the Contractor's option. However, yellow flashing barricades shall be installed where potential conflicts with air or ground vehicular traffic might occur. Separate stockpiles shall be created for the project construction. Separate stockpiles shall be created for structural soil and topsoil. Stockpiles shall not penetrate the FAR Part 77 imaginary surfaces. All other waste material, including rubble and debris, shall be removed from the Airport at the Contractor's expense. No stockpile areas to store all bulk materials for the project are provided. All material removed by excavation, such as concrete, asphalt or limerock, trash, rubbish and vegetation shall be transported off the Airport limits when it is taken up. It will not be stockpiled on Airport property. The Contractor shall provide all necessary temporary environmental controls as required by laws, regulations or as directed by the Engineer (including, but not limited to: hay bales, siltation fence, etc.) to protect the environment from erosion of any stockpile areas. The cost for these temporary environmental controls shall be considered incidental to the project. SPECIAL PROVISIONS IV-47 3792 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-48 3793 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SPECIAL PROVISION NO . 9 DEWATERING Dewatering operations and any permits necessary to complete any portion of this project, including but not limited to drainage pipe and structure installation shall be considered incidental to the bid item for which de-watering may be necessary. All water pumped out of construction areas shall be discharged through a portable sediment removal/filtration system (dewatering bag) prior to discharge into a storm sewer inlet. No separate payment will be made for the cost of dewatering. SPECIAL PROVISIONS IV-49 3794 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-50 3795 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SPECIAL PROVISION NO . 10 PRECEDENCE OF DOCUMENTS 1 . GENERAL. The Bid Documents, Contract, Special Provisions, General Provisions, Specifications, Plans and all referenced Standards cited in these documents are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary to describe and provide for a complete work. 2. ORDER OF PRECEDENCE. In case of conflicts within the above-mentioned documents, the order of precedence shall be as follows: A. Bid Documents (Division ()(including any and all Addenda) B. Contract (Division II) C. Special Provisions (Division IV) D. Technical Specifications (Division V) E. General Provisions (Division III) F. Plans (large scale detail drawings over smaller scale general drawings) SPECIAL PROVISIONS IV-51 3796 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-52 3797 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SPECIAL PROVISION NO . 11 FINAL PAY REQUESTS AND RELATED FORMS In addition to the requirements for payments (Partial and Final) stipulated in General Provisions (Division III) Section 90 MEASUREMENT AND PAYMENT and in Special Provision No. 1 PROJECT GENERAL REQUIREMENTS Section 25 (Division IV). All pay requests shall be prepared by the Contractor within the time frames stipulated in the County Procedures unless otherwise approved by the Engineer and Owner. Pay Requests and related forms shall be submitted in one (1) original and one (1) copy to the Engineer, unless otherwise instructed by him. Contractor shall use Monroe County Application for Payment form which will be provided to contractors at the pre-construction meeting, and shall provide related forms from the American Institute of Architects, such as: ❑ Change Order (Form G-701) ❑ Certificate of Substantial Completion (Form G-704) ❑ Contractor's Affidavit of Payment of Debts and Claims (Form G-706) ❑ Contractor's Affidavit of Release of Liens (Form G-706A) ❑ Consent of Surety to Final Payment (Form G-707) SPECIAL PROVISIONS IV-53 3798 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-54 3799 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual SPECIAL PROVISION NO. 12 - STANDBY TIME 1 . DESCRIPTION. The Airport acknowledges the constraints being placed upon the Contractor for this project (RUNWAY 9-27 REPAIRS). The Airport has agreed in principle to make the construction site available for the Contractor's use throughout the construction period to the maximum extent possible. A special pay item pertaining to lost time has been established and is incorporated into this Special Provision to provide a reasonable assessment and method of compensation for the Contractor in the event that the runway and taxiway closures are delayed only due to aircraft operations. 2. SCHEDULED RUNWAY CLOSURES. Off-peak scheduled runway closure construction times will be from 11:00 PM to 6:00 AM. The Contractor shall not enter the runway safety area until authorized by the RPR. The scheduled runway closures include all work with the exception of hard runway closure activities. Scheduled runway closures can be delayed due to aircraft operations. 3. HARD RUNWAY CLOSURES. Off-peak hard closure construction times will be from 11:00 PM to 6:00 AM. The Contractor shall not enter the runway safety area until authorized by the RPR. Hard closures include all milling and paving operations within the Runway Safety Area. A paving operation must include the placement of at least 100 tons. Runway 9-27 closure cannot be delayed due to aircraft operations. 4. TAXIWAY CLOSURES. Off-peak taxiway closure construction times will be from 11:00 PM to 6:00 AM. The Contractor shall not enter the Taxiway Object Free Area until authorized by the RPR. The taxiway closures include all work on the taxiway within the taxiway object free area and outside of the runway safety area. Taxiway Closures cannot be delayed due to aircraft operations. Refer to the phasing sheets in the Contract Drawings for closure requirements. 5. LOST TIME. The Contractor shall make themselves totally familiar with the requirements of this section. The Contractor shall guard against adding inflated costs as a defense against potential lost time or other conditions of the Contract in this special provision as this item of work will be included in the summation of the total amount bid. 6. STANDBY TIME. Standby Time is when a Contractor's forces are mobilized for work based on the scheduled runway closure and taxiway closure beginning at 11:00 PM. This condition may last for a maximum of 3 hours after the scheduled construction start time. Standby Time paid for any nightly work period shall not exceed 3 hours even if the work period is ultimately cancelled. Standby time is only available to the Contractor when scheduling activities under the scheduled construction closure scenario. Hard construction closures are not eligible for standby time. 7. METHOD OF MEASUREMENT. Standby Time shall be measured as the number hours, in '/4 hour intervals, where the Contractor's forces are mobilized in anticipation of the nightly runway closure. 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Forsyth St., Suite 1520 Jacksonville, FL 32202 904.636.5432 March 31, 2023 Addendum No.1 EYW—Runway 9-27 Repairs Bid Opening May 2nd. 2023 Page 1 of 2 3822 1461Bice...pf...IRe u lll..follr„ Ilrn elllillli e Sallliaurllhalllioins ein uurn #1 IKey eslll� Illunlll�erunalll�iaunalll Alirpoid Monroe County Runway 9-27 Repairs The attention of Bidders submitting proposals for the subject Contract is called to the following Addendum to the Proposal, Specifications,and Drawings. The revisions set forth herein,whether of omission,addition, or substitution are to be included in and form a part of the Proposal submitted. THE ADDENDUM MUST BE ACKNOWLEDGED IN SECTION H OF THE PROJECT MANUAL. PRE-BID NOTICE: A MANDATORY Pre-Bid Conference will be held on Wednesday, April 12th, 2023 at 2:00 PM in the construction trailers located at the corner of Faraldo Circle and Roosevelt Blvd, Key West, Florida. Attendance at the Pre-Bid Conference IS mandatory. For additional information concerning the pre-bid conference, please contact Beth Leto, Deputy Director, Airport Finance and Admin.by phoning 305-809-5239. 1. Project Manual,Volume 1 1.1 This Addendum No. 1 does not include any changes to the Project Manual,Volume 1. 2. Project Manual,Volume 2 2.1 Missing EYW Runway 9-27 Repairs- Bid Documents- Project Manual -Volume 2- Tech Specs.pdf Delete duplicate file "EYW Runway 9-27 Repairs-Bid Documents -ProjectManual- Volume I -Front Ends.pdf'. Replace with file "EYW Runway 9-27 Repairs-Bid Documents -Project Manual- Volume 2- Tech Specs.pdf"from Demandstar. 3. Construction Plans 3.1 Sheet C-700—Pavement Marking Plan Delete Blank Sheet C-700 PavementMarking Plan of Construction Plans. Replace with Sheet C-700,Addendum No. 1,Attachment No. 1. 4. Questions 4.1 This Addendum No. 1 does not include questions. 5. This Addendum No. 1 consists of 3 pages and 1 attachment. END OF ADDENDUM No. 1 Addendum No.1 EYW—Runway 9-27 Repairs Bid Opening May 2nd. 2023 Page 2 of 2 3823 V Z8£ M IionaisNoo aO�iow siNaNn000 olo ao�oanssl �, oiSgO�B NH-ld Z JNIMVW 1N3A3AVd � � U 2 IVd E 6 AVMNn2 Ja n A Q H 111 / f 1 0 G' J4 'paS5L OS+bSL OO+bSL OSrycSL1 f ., OQ. e {y ZWZW 11� v �y OO+LO LZ 0 u �g� 111 C,'rht1 ,Eax1! _ 0 oz oz o o Q rlui, I o I k. III usLa q o 0 mo 9r T I� v o � L o o w o lE � II d pw oLs ' OZ SOS SOS OZ 11 J o � v P II zJ T II U � U C Qi I Q �zm o J� u o� U U - XZ Q fiej - LU w 'oo+Loa z o li Q Z of o� o�> w LL 0 d u w <J Q u �w Y��o � zw _w J4 II � � �u wawa ❑ U m Q Key Weslt iiiiiii iii Monroe County Runway 9-27 Repairs Bid Documents Project Manual - Volume 2 OF 2 Technical Specifications and Appendix Key v West International Airport EN Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Mr. Craig Cates, District 1 Mayor Ms. Holly Raschein, District 5 Mayor Pro Tem Ms. Michelle Lincoln, District 2 Commissioner Mr. Jim Scholl, District 3 Commissioner Mr. David Rice, District 4 Commissioner Prepared by: ON .jacobs 200 W. Forsyth St., Suite 1520 Jacksonville, FL 32202 904.636.5432 MARCH 2O23 3825 3826 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual TABLE OF CONTENTS -VOLUME 2 of 2 BIDDING REQUIREMENTS AND CONTRACT FORMS Division V-Technical Specifications 1. C-100 Contractor Quality Control Program (CQCP) 2. C-102 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control 3. C-105 Mobilization 4. C-110 Method of Estimating Percentage of Material Within Specification Limits (PWL) 5. P-101 Preparation/Removal of Existing Pavements 6. P-102 Safety and Security 7. P-401 Asphalt Mix Pavement 8. P-603 Emulsified Asphalt Tack Coat 9. P-620 Runway and Taxiway Marking 10. P-621 Saw-Cut Grooves 11. T-904 Sodding Appendix 1 —Construction Safety and Phasing Plan TABLE OF CONTENTS 3827 3828 TECHNICAL SPECIFICATIONS 3829 3830 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Item C-100 Contractor Quality Control Program (CQCP) 100-1 General. Quality is more than test results. Quality is the combination of proper materials,testing, workmanship, equipment, inspection, and documentation of the project. Establishing and maintaining a culture of quality is key to achieving a quality project. The Contractor shall establish,provide,and maintain an effective Contractor Quality Control Program (CQCP)that details the methods and procedures that will be taken to assure that all materials and completed construction required by this contract 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 here and elsewhere in the contract technical specifications, the Contractor shall assume full responsibility for accomplishing the stated purpose. The Contractor shall establish a CQCP that will: a. Provide qualified personnel to develop and implement the CQCP. b. Provide for the production of acceptable quality materials. c. Provide sufficient information to assure that the specification requirements can be met. d. Document the CQCP process. The Contractor shall not begin any construction or production of materials to be incorporated into the completed work until the CQCP has been reviewed and approved by the Resident Project Representative (RPR).No partial payment will be made for materials subject to specific quality control(QC) requirements until the CQCP has been reviewed and approved. The QC requirements contained in this section and elsewhere in the contract technical specifications are in addition to and separate from the quality assurance (QA)testing requirements. QA testing requirements are the responsibility of the RPR or Contractor as specified in the specifications. A Quality Control(QC)/Quality Assurance (QA)workshop with the Engineer, Resident Project Representative (RPR), Contractor, subcontractors,testing laboratories, and Owner's representative must be held prior to start of construction. The QC/QA workshop will be facilitated by the Contractor. The Contractor shall coordinate with the Airport and the RPR on time and location of the QC/QA workshop. Items to be addressed,at a minimum,will include: a. Review of the CQCP including submittals, QC Testing,Action& Suspension Limits for Production, Corrective Action Plans, Distribution of QC reports,and Control Charts. b. Discussion of the QA program. c. Discussion of the QC and QA Organization and authority including coordination and information exchange between QC and QA. d. Establish regular meetings to discuss control of materials,methods and testing. e. Establishment of the overall QC culture. CONTRACTOR QUALITY CONTROL PROGRAM(CQCP) C-100-1 3831 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 100-2 Description of program. a. General description. The Contractor shall establish a CQCP to perform QC inspection and testing of all items of work required by the technical specifications, including those performed by subcontractors. The CQCP shall ensure conformance to applicable specifications and plans with respect to materials, off- site fabrication,workmanship, construction, finish, and functional performance. The CQCP 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 QC. b. Contractor Quality Control Program (CQCP). The Contractor shall describe the CQCP in a written document that shall be reviewed and approved by the RPR prior to the start of any production, construction, or off-site fabrication. The written CQCP shall be submitted to the RPR for review and approval at least 10 calendar days before the CQCP Workshop. The Contractor's CQCP and QC testing laboratory must be approved in writing by the RPR prior to the Notice to Proceed(NTP). The CQCP shall be organized to address,as a minimum,the following: 1. QC organization and resumes of key staff 2. Project progress schedule 3. Submittals schedule 4. Inspection requirements 5. QC testing plan 6. Documentation of QC activities and distribution of QC reports 7. Requirements for corrective action when QC and/or QA acceptance criteria are not met 8. Material quality and construction means and methods. Address all elements applicable to the project that affect the quality of the pavement structure including subgrade, subbase,base, and surface course. Some elements that must be addressed include,but is not limited to mix design, aggregate grading, stockpile management,mixing and transporting,placing and finishing, quality control testing and inspection, smoothness,laydown plan, equipment, and temperature management plan. 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. The Contractor must add any additional elements to the CQCP that is necessary to adequately control all production and/or construction processes required by this contract. 100-3 CQCP organization. The CQCP shall be implemented by the establishment of a QC organization. An organizational chart shall be developed to show all QC personnel,their authority, and how these personnel integrate with other management/production and construction functions and personnel. CONTRACTOR QUALITY CONTROL PROGRAM(CQCP) C-100-2 3832 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual The organizational chart shall identify all QC staff by name and function, and shall indicate the total staff required to implement all elements of the CQCP, including inspection and testing for each item of work. If necessary, different technicians can be used 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 CQCP,the personnel assigned shall be subject to the qualification requirements of paragraphs 100-03a and 100-03b. The organizational chart shall indicate which personnel are Contractor employees and which are provided by an outside organization. The QC organization shall,as a minimum, consist of the following personnel: a. Program Administrator. The Contractor Quality Control Program Administrator(CQCPA)must be a full-time on-site employee of the Contractor, or a consultant engaged by the Contractor. The CQCPA must have a minimum of five (5)years of experience in QC pavement construction with prior QC experience on a project of comparable size and scope as the contract. Included in the five (5)years of paving/QC experience,the CQCPA must meet at least one of the following requirements: (1)Professional Engineer with one (1)year of airport paving experience. (2) Engineer-in-training with two (2)years of airport paving experience. (3)National Institute for Certification in Engineering Technologies (NICET) Civil Engineering Technology Level IV with three (3)years of airport paving experience. (4)An individual with four(4)years of airport paving experience,with a Bachelor of Science Degree in Civil Engineering, Civil Engineering Technology or Construction. The CQCPA must have full authority to institute any and all actions necessary for the successful implementation of the CQCP to ensure compliance with the contract plans and technical specifications. The CQCPA authority must include the ability to immediately stop production until materials and/or processes are in compliance with contract specifications. The CQCPA must report directly to a principal officer of the construction firm. The CQCPA may supervise the Quality Control Program on more than one project provided that person can be at the job site within two (2)hours after being notified of a problem. b. QC technicians.A sufficient number of QC technicians necessary to adequately implement the CQCP must be provided. These personnel must be either Engineers,engineering technicians, or experienced craftsman with qualifications in the appropriate field equivalent to NICET Level II in Civil Engineering Technology or higher, and shall have a minimum of two (2)years of experience in their area of expertise. The QC technicians must report directly to the CQCPA 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 paragraph 100-6. (2) Performance of all QC tests as required by the technical specifications and paragraph 100-8. (3) Performance of tests for the RPR when required by the technical specifications. Certification at an equivalent level of qualification and experience by a state or nationally recognized organization will be acceptable in lieu of NICET certification. c. Staffing levels. The Contractor shall provide sufficient qualified QC 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 CONTRACTOR QUALITY CONTROL PROGRAM(CQCP) C-100-3 3833 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual scheduling and coordinating of all inspection and testing must match the type and pace of work activity. The CQCP shall state where different technicians will be required for different work elements. 100-4 Project progress schedule. Critical QC activities must be shown on the project schedule as required by Section 80,paragraph 80-03,Execution and Progress. 100-5 Submittals schedule. The Contractor shall submit a detailed listing of all submittals (for example, mix designs,material certifications) and shop drawings required by the technical specifications. The listing can be developed in a spreadsheet format and shall include as a minimum: a. Specification item number b. Item description c. Description of submittal d. Specification paragraph requiring submittal e. Scheduled date of submittal 100-6 Inspection requirements. QC 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 paragraph 100-9. Inspections shall be performed as needed to ensure continuing compliance with contract requirements until completion of the particular feature of work. Inspections shall include the following minimum requirements: a. During plant operation for material production, QC test results and periodic inspections shall be used to ensure the quality of aggregates and other mix components, and to adjust and control mix proportioning to meet the approved mix design and other requirements of the technical specifications. All equipment used in proportioning and mixing shall be inspected to ensure its proper operating condition. The CQCP shall detail how these and other QC functions will be accomplished and used. b. During field operations, QC test results and periodic inspections shall be used to ensure the quality of all materials and workmanship. All equipment used in placing, finishing, and compacting shall be inspected to ensure its proper 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 CQCP shall document how these and other QC functions will be accomplished and used. 100-7 Contractor QC testing facility. a. For projects that include Item P-401, Item P-403, and Item P-404,the Contractor shall ensure facilities, including all necessary equipment,materials,and current reference standards,are provided that meet requirements in the following paragraphs of ASTM D3666,Standard Specification for Minimum Requirements for Agencies Testing and Inspecting Road and Paving Materials: • 8.1.3 Equipment Calibration and Checks; • 8.1.9 Equipment Calibration, Standardization, and Check Records; • 8.1.12 Test Methods and Procedures b. For projects that include P-501,the Contractor shall ensure facilities, including all necessary equipment,materials,and current reference standards,are provided that meet requirements in the following paragraphs of ASTM C 1077, Standard Practice for Agencies Testing Concrete and Concrete Aggregates for Use in Construction and Criteria for Testing Agency Evaluation: CONTRACTOR QUALITY CONTROL PROGRAM(CQCP) C-100-4 3834 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual • 7 Test Methods and Procedures • 8 Facilities, Equipment,and Supplemental Procedures 100-8 QC testing plan.As a part of the overall CQCP,the Contractor shall implement a QC testing plan, as required by the technical specifications. The testing plan shall include the minimum tests and test frequencies required by each technical specification Item, as well as any additional QC tests that the Contractor deems necessary to adequately control production and/or construction processes. The QC testing plan can be developed in a spreadsheet fashion and shall, as a minimum, include the following: a. Specification item number(e.g.,P-401) b. Item description(e.g.,Hot Mix Asphalt Pavements) c. Test type (e.g.,gradation,grade, asphalt content) d. Test standard (e.g.,ASTM or American Association of State Highway and Transportation Officials (AASHTO)test number, as applicable) e. Test frequency(e.g., as required by technical specifications or minimum frequency when requirements are not stated) L Responsibility (e.g.,plant technician) g. Control requirements (e.g.,target,permissible deviations) The QC testing plan shall contain a statistically-based procedure of random sampling for acquiring test samples in accordance with ASTM D3665. The RPR shall be provided the opportunity to witness QC sampling and testing. All QC test results shall be documented by the Contractor as required by paragraph 100-9. 100-9 Documentation. The Contractor shall maintain current QC records of all inspections and tests performed. These records shall include factual evidence that the required QC 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 RPR daily. The records shall cover all work placed subsequent to the previously furnished records and shall be verified and signed by the CQCPA. Contractor QC records required for the contract shall include,but are not necessarily limited to,the following records: a. Daily inspection reports. Each Contractor QC technician shall maintain a daily log of all inspections performed for both Contractor and subcontractor operations. These technician's daily reports shall provide factual evidence that continuous QC 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 CONTRACTOR QUALITY CONTROL PROGRAM(CQCP) C-100-5 3835 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual (4)Proper operation of all equipment (5)Adherence to plans and technical specifications (6) Summary of any necessary corrective actions (7) Safety inspection. (8)Photographs and/or video The daily inspection reports shall identify all QC inspections and QC tests 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 QC technician and the CQCPA. The RPR shall be provided at least one copy of each daily inspection report on the work day following the day of record.When QC inspection and test results are recorded and transmitted electronically,the results must be archived. b. Daily test reports. The Contractor shall be responsible for establishing a system that will record all QC test results. Daily test reports shall document the following information: (1) Technical specification item number and description (2) Test designation (3) Location (4) Date of test (5) Control requirements (6) Test results (7) Causes for rejection (8) Recommended remedial actions (9) Retests Test results from each day's work period shall be submitted to the RPR prior to the start of the next day's work period.When required by the technical specifications,the Contractor shall maintain statistical QC charts.When QC daily test results are recorded and transmitted electronically,the results must be archived. 100-10 Corrective action requirements. The CQCP 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 CQCP as a whole,and for individual items of work contained in the technical specifications. The CQCP shall detail how the results of QC inspections and tests will be used for determining the need for corrective action and shall contain clear 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 use statistical QC charts for individual QC tests. The requirements for corrective action shall be linked to the control charts. 100-11 Inspection and/or observations by the RPR.All items of material and equipment are subject to inspection and/or observation by the RPR at the point of production,manufacture or shipment to determine if the Contractor,producer,manufacturer or shipper maintains an adequate QC system in CONTRACTOR QUALITY CONTROL PROGRAM(CQCP) C-100-6 3836 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual conformance with the requirements detailed here and the applicable technical specifications and plans. In addition, all items of materials, equipment and work in place shall be subject to inspection and/or observation by the RPR at the site for the same purpose. Inspection and/or observations by the RPR does not relieve the Contractor of performing QC inspections of either on-site or off-site Contractor's or subcontractor's work. 100-12 Noncompliance. a. The Resident Project Representative (RPR)will provide written notice to the Contractor of any noncompliance with their CQCP. After receipt of such notice,the Contractor must take corrective action. b. When QC activities do not comply with either the CQCP or the contract provisions or when the Contractor fails to properly operate and maintain an effective CQCP, and no effective corrective actions have been taken after notification of non-compliance,the RPR will recommend the Owner take the following actions: (1) Order the Contractor to replace ineffective or unqualified QC personnel or subcontractors and/or (2) Order the Contractor to stop operations until appropriate corrective actions are taken. METHOD OF MEASUREMENT 100-13 Basis of measurement and payment. Contractor Quality Control Program (CQCP)is for the personnel,tests,facilities and documentation required to implement the CQCP. The CQCP will be paid as a lump sum with the following schedule of partial payments: a.With first pay request, 25%with approval of CQCP and completion of the Quality Control (QC)/Quality Assurance (QA)workshop. b. When 25%or more of the original contract is earned, an additional 25%. c. When 50%or more of the original contract is earned, an additional 20%. d. When 75%or more of the original contract is earned, an additional 20% e.After final inspection and acceptance of project,the final 10%. BASIS OF PAYMENT 100-14 Payment will be made under: Item C-100-1 Contractor Quality Control Program (CQCP) Per lump sum REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. National Institute for Certification in Engineering Technologies (NICET) ASTM International(ASTM) CONTRACTOR QUALITY CONTROL PROGRAM(CQCP) C-100-7 3837 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual ASTM C1077 Standard Practice for Agencies Testing Concrete and Concrete Aggregates for Use in Construction and Criteria for Testing Agency Evaluation ASTM D3665 Standard Practice for Random Sampling of Construction Materials ASTM D3666 Standard Specification for Minimum Requirements for Agencies Testing and Inspecting Road and Paving Materials END OF ITEM C-100 CONTRACTOR QUALITY CONTROL PROGRAM(CQCP) C-100-8 3838 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Item C-102 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control DESCRIPTION 102-1. This item shall consist of temporary control measures as ordered by the Resident Project Representative (RPR) during the life of a contract to control pollution of air and water, soil erosion, and siltation through the use of silt fences,berms, dikes, dams, sediment basins, fiber mats, gravel,mulches,grasses, slope drains, and other erosion control devices or methods. Temporary erosion control shall be in accordance with the appfeved efesien eefitfel plaii;the appfe Construction Safety and Phasing Plan (CSPP) and AC 150/5370-2, Operational Safety on Airports During Construction. The temporary erosion control measures contained herein shall be coordinated with the permanent erosion control measures specified as part of this contract to the extent practical to assure economical, effective,and continuous erosion control throughout the construction period. Temporary control may include work outside the construction limits such as borrow pit operations, equipment and material storage sites,waste areas, and temporary plant sites. Temporary control measures shall be designed, installed and maintained to minimize the creation of wildlife attractants that have the potential to attract hazardous wildlife on or near public-use airports. MATERIALS 102-2.1 Grass. Grass that will not compete with the grasses sown later for permanent cover per Item T- 901shall be a quick-growing species (such as ryegrass, Italian ryegrass, or cereal grasses) suitable to the area providing a temporary cover. Selected grass species shall not create a wildlife attractant. 102-2.2 Mulches. Mulches may be hay, straw, fiber mats,netting,bark,wood chips, or other suitable material reasonably clean and free of noxious weeds and deleterious materials per Item T-908. Mulches shall not create a wildlife attractant. 102-2.3 Fertilizer. Fertilizer shall be a standard commercial grade and shall conform to all federal and state regulations and to the standards of the Association of Official Agricultural Chemists. 102-2.4 Slope drains. Slope drains may be constructed of pipe,fiber mats, rubble, concrete, asphalt, or other materials that will adequately control erosion. 102-2.5 Silt fence. Silt fence shall consist of polymeric filaments which are formed into a stable network such that filaments retain their relative positions. Synthetic filter fabric shall contain ultraviolet ray inhibitors and stabilizers to provide a minimum of six months of expected usable construction life. Silt fence shall meet the requirements of ASTM D6461. 102-2.6 Other.All other materials shall meet commercial grade standards and shall be approved by the RPR before being incorporated into the project. TEMPORARY AIR AND WATER POLLUTION, C-102-1 SOIL EROSION,AND SILTATION CONTROL 3839 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual CONSTRUCTION REQUIREMENTS 102-3.1 General. In the event of conflict between these requirements and pollution control laws, rules, or regulations of other federal, state, or local agencies,the more restrictive laws,rules, or regulations shall apply. The RPR shall be responsible for assuring compliance to the extent that construction practices, construction operations, and construction work are involved. 102-3.2 Schedule. Prior to the start of construction,the Contractor shall submit schedules in accordance with the approved Construction Safety and Phasing Plan (CSPP) and the plans for accomplishment of temporary and permanent erosion control work for clearing and grubbing; grading; construction;paving; and structures at watercourses. The Contractor shall also submit a proposed method of erosion and dust control on haul roads and borrow pits and a plan for disposal of waste materials.Work shall not be started until the erosion control schedules and methods of operation for the applicable construction have been accepted by the RPR. 102-3.3 Construction details. 44io r r+,-.ete-will ber-equir-edt e .>> po ef4 Temporary erosion and pollution control measures will be used to correct conditions that develop during construction that were not foreseen during the design stage;that are needed prior to installation of permanent control features; or that are needed temporarily to control erosion that develops during normal construction practices,but are not associated with permanent control features on the project. Where erosion may be a problem, schedule and perform clearing and grubbing operations so that grading operations and permanent erosion control features can follow immediately if project conditions permit. Temporary erosion control measures are required if permanent measures cannot immediately follow grading operations. The RPR shall limit the area of clearing and grubbing, excavation,borrow, and embankment operations in progress, commensurate with the Contractor's capability and progress in keeping the finish grading,mulching, seeding, and other such permanent control measures current with the accepted schedule. If seasonal limitations make such coordination unrealistic,temporary erosion control measures shall be taken immediately to the extent feasible and justified as directed by the RPR. The Contractor shall provide iffiffiediate pefmanet4 e temporary pollution control measures to minimize contamination of adjacent streams or other watercourses, lakes,ponds, or other areas of water impoundment as directed by the RPR. If temporary erosion and pollution control measures are required due to the Contractor's negligence, carelessness, or failure to install permanent controls as a part of the work as scheduled or directed by the RPR,the work shall be performed by the Contractor and the cost shall be incidental to this item. The RPR may increase or decrease the area of erodible earth material that can be exposed at any time based on an analysis of project conditions. The erosion control features installed by the Contractor shall be maintained and cleaned by the Contractor during the construction period, at the discretion of the RPR. The debris must be disposed of legally off Airport property. Provide temporary structures whenever construction equipment must cross watercourses at frequent intervals. Pollutants such as fuels, lubricants,bitumen, raw sewage,wash water from concrete mixing operations,and other harmful materials shall not be discharged into any waterways, impoundments or into natural or manmade channels. TEMPORARY AIR AND WATER POLLUTION, C-102-2 SOIL EROSION,AND SILTATION CONTROL 3840 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 102-3.4 Installation,maintenance and removal of silt fence. Silt fences shall extend a minimum of 16 inches (41 cm)and a maximum of 34 inches (86 cm)above the ground surface. Posts shall be set no more than 10 feet(3 m) on center. Filter fabric shall be cut from a continuous roll to the length required minimizing joints where possible.When joints are necessary,the fabric shall be spliced at a support post with a minimum 12-inch(300-mm) overlap and securely sealed. A trench shall be excavated approximately 4 inches (100 mm) deep by 4 inches (100 mm)wide on the upslope side of the silt fence. The trench shall be backfilled and the soil compacted over the silt fence fabric. The Contractor shall remove and dispose of silt that accumulates during construction and prior to establishment of permanent erosion control. The fence shall be maintained in good working condition until permanent erosion control is established. Silt fence shall be removed upon approval of the RPR. METHOD OF MEASUREMENT 102-4.1 Temporary erosion and pollution control work due to measures that are required for the protection of construction areas outside of the construction limits (such as haul roads and equipment and material storage sites), or as ordered by the RPR will not be paid for separately. BASIS OF PAYMENT 102-5.1 Temporary erosion and pollution control work due to measures that are required for the protection of construction areas outside of the construction limits (such as haul roads and equipment and material storage sites), or as ordered by the RPR will not be paid for separately. REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. Advisory Circulars (AC) AC 150/5200-33 Hazardous Wildlife Attractants on or Near Airports AC 150/5370-2 Operational Safety on Airports During Construction ASTM International(ASTM) ASTM D6461 Standard Specification for Silt Fence Materials United States Department of Agriculture (USDA) FAA/USDA Wildlife Hazard Management at Airports,A Manual for Airport Personnel END OF ITEM C-102 TEMPORARY AIR AND WATER POLLUTION, C-102-3 SOIL EROSION,AND SILTATION CONTROL 3841 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual This Page is Intentionally Left Blank TEMPORARY AIR AND WATER POLLUTION, C-102-4 SOIL EROSION,AND SILTATION CONTROL 3842 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Item C-105 Mobilization 105-1 Description. This item of work shall consist of,but is not limited to,work and operations necessary for the movement of personnel, equipment,material and supplies to and from the project site for work on the project except as provided in the contract as separate pay items. 105-2 Mobilization limit. Mobilization shall be limited to 10 percent of the total project cost. 105-3 Posted notices. Prior to commencement of construction activities,the Contractor must post the following documents in a prominent and accessible place where they may be easily viewed by all employees of the prime Contractor and by all employees of subcontractors engaged by the prime Contractor: Equal Employment Opportunity(EEO)Poster"Equal Employment Opportunity is the Law" in accordance with the Office of Federal Contract Compliance Programs Executive Order 11246, as amended; Davis Bacon Wage Poster(WH 1321) -DOL"Notice to All Employees"Poster; and Applicable Davis-Bacon Wage Rate Determination. These notices must remain posted until final acceptance of the work by the Owner. 105-4 Engineer/RPR field office. An Engineer/RPR field office is not required METHOD OF MEASUREMENT 105-5 Basis of Measurement and Payment. Based upon the contract lump sum price for"Mobilization" partial payments will be allowed as follows: a.With first pay request, 25%. b. When 25%or more of the original contract is earned, an additional 25%. c. When 50%or more of the original contract is earned, an additional 40%. d.After Final Inspection, Staging area clean-up and delivery of all Project Closeout materials as required by Section 90,paragraph 90-11, Contractor Final Project Documentation, the final 10%. BASIS OF PAYMENT 105-6 Payment will be made under: Item C-105-1 Mobilization Per Lump Sum REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. Office of Federal Contract Compliance Programs (OFCCP) Executive Order 11246, as amended EEOC-P/E-1 —Equal Employment Opportunity is the Law Poster MOBILIZATION C-105-1 3843 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual United States Department of Labor,Wage and Hour Division (WHD) WH 1321 —Employee Rights under the Davis-Bacon Act Poster END OF ITEM C-105 MOBILIZATION C-105-2 3844 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Item C-110 Method of Estimating Percentage of Material Within Specification Limits (PWL) 110-1 General. When the specifications provide for acceptance of material based on the method of estimating percentage of material within specification limits (PWL),the PWL will be determined in accordance with this section. All test results for a lot will be analyzed statistically to determine the total estimated percent of the lot that is within specification limits. The PWL is computed using the sample average (X) and sample standard deviation(S ) of the specified number(n)of sublots for the lot and the specification tolerance limits,L for lower and U for upper, for the particular acceptance parameter. From these values,the respective Quality index, QL for Lower Quality Index and/or Qu for Upper Quality Index, is computed and the PWL for the lot for the specified n is determined from Table 1. All specification limits specified in the technical sections shall be absolute values. Test results used in the calculations shall be to the significant figure given in the test procedure. There is some degree of uncertainty(risk) in the measurement for acceptance because only a small fraction of production material (the population) is sampled and tested. This uncertainty exists because all portions of the production material have the same probability to be randomly sampled. The Contractor's risk is the probability that material produced at the acceptable quality level is rejected or subjected to a pay adjustment. The Owner's risk is the probability that material produced at the reiectable quality level is accepted. It is the intent of this section to inform the Contractor that, in order to consistently offset the Contractor's risk for material evaluated,production quality(using population average and population standard deviation)must be maintained at the acceptable quality specified or higher. In all cases, it is the responsibility of the Contractor to produce at quality levels that will meet the specified acceptance criteria when sampled and tested at the frequencies specified. 110-2 Method for computing PWL. The computational sequence for computing PWL is as follows: a. Divide the lot into n sublots in accordance with the acceptance requirements of the specification. b. Locate the random sampling position within the sublot in accordance with the requirements of the specification. c. Make a measurement at each location, or take a test portion and make the measurement on the test portion in accordance with the testing requirements of the specification. d. Find the sample average (X) for all sublot test values within the lot by using the following formula: X=(XL+X2+X3+. . .X.)/n Where: X= Sample average of all sublot test values within a lot xl,x2,. . .xn=Individual sublot test values n=Number of sublot test values e. Find the sample standard deviation (S )by use of the following formula: METHOD OF ESTIMATING PERCENTAGE OF C-110-1 MATERIAL WITHIN SPECIFIC LIMITS (PWL) 3845 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual S.= [(d12+d22+d32+. . .d„2)/(n-1)]" Where: Sn= Sample standard deviation of the number of sublot test values in the set di, dz, . . .d =Deviations of the individual sublot test values x,,xz, ... from the average value X that is: d, =(xi -X), dz=(xz -X) ... dn=(x -X) n=Number of sublot test values f. For single sided specification limits (i.e., L only), compute the Lower Quality Index QL by use of the following formula: QL=(X- L)/S„ Where: L=specification lower tolerance limit Estimate the percentage of material within limits (PWL)by entering Table 1 with QL,using the column appropriate to the total number(n) of measurements. If the value of QL falls between values shown on the table,use the next higher value of PWL. g.For double-sided specification limits (i.e., L and U),compute the Quality Indexes QL and Qu by use of the following formulas: QL=(X- L)/S„ and Qu= (U-X)/ S„ Where: L and U=specification lower and upper tolerance limits Estimate the percentage of material between the lower(L) and upper(U)tolerance limits (PWL)by entering Table 1 separately with QL and Qu,using the column appropriate to the total number(n) of measurements, and determining the percent of material above PL and percent of material below Pu for each tolerance limit. If the values of QL fall between values shown on the table,use the next higher value Of PL or Pu. Determine the PWL by use of the following formula: PWL = (PU+PL) - 100 Where: PL=percent within lower specification limit Pu=percent within upper specification limit EXAMPLE OF PWL CALCULATION Project: Example Project Test Item: Item P-401, Lot A. A. PWL Determination for Mat Density. 1. Density of four random cores taken from Lot A. A-1 = 96.60 A-2= 97.55 METHOD OF ESTIMATING PERCENTAGE OF C-110-2 MATERIAL WITHIN SPECIFIC LIMITS (PWL) 3846 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual A-3 = 99.30 A-4= 98.35 n=4 2. Calculate average density for the lot. X= (XI +XZ+X3 + . . .Xn)/n X=(96.60+ 97.55 + 99.30+98.35)/4 X=97.95%density 3. Calculate the standard deviation for the lot. Sn= [((96.60 - 97.95)2+ (97.55 -97.95)2+(99.30 -97.95)2+(98.35 -97.95)2))/(4 - 1)]1/2 Sn= [(1.82+ 0.16+ 1.82+0.16)/31 1/2 Sn= 1.15 4. Calculate the LoC�wer Quality Index QL for the lot. (L=96.3) QL=(X-L)/ Sn QL=(97.95 -96.30)/ 1.15 QL= 1.4348 5. Determine PWL by entering Table 1 with QL= 1.44 and n=4. PWL= 98 B. PWL Determination for Air Voids. 1.Air Voids of four random samples taken from Lot A. A-1 = 5.00 A-2= 3.74 A-3 =2.30 A-4= 3.25 2. Calculate the average air voids for the lot. X= (XI +X2+X3 . . .n)/n X= (5.00+3.74+2.30+3.25)/4 X= 3.57% 3. Calculate the standard deviation Sn for the lot. Sn= [((3.57 -5.00)2+(3.57 -3.74)2+ (3.57 -2.30)2+(3.57 -3.25)2)/(4 - 1)]1/2 Sn= [(2.04+ 0.03 + 1.62+0.10)/3]1/2 Sn= 1.12 4. Calculate the Lower Quality Index QL for the lot. (L=2.0) QL=(X-L)/On QL=(3.57 -2.00)/ 1.12 QL= 1.3992 5. Determine PL by entering Table 1 with QL= 1.41 and n=4. METHOD OF ESTIMATING PERCENTAGE OF C-110-3 MATERIAL WITHIN SPECIFIC LIMITS (PWL) 3847 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual PL= 97 6. Calculate the Upper Quality Index QU for the lot. (U=5.0) QU= (U -X)/ S QU= (5.00 - 3.57)/ 1.12 QU= 1.2702 7. Determine PU by entering Table 1 with QU= 1.29 and n=4. PU=93 8. Calculate Air Voids PWL PWL= (PL+PU) - 100 PWL= (97+ 93) - 100=90 EXAMPLE OF OUTLIER CALCULATION(REFERENCE ASTM E178) Project: Example Project Test Item: Item P-401, Lot A. A. Outlier Determination for Mat Density. 1. Density of four random cores taken from Lot A arranged in descending order. A-3 = 99.30 A-4= 98.35 A-2= 97.55 A-1 = 96.60 2. From ASTM E178, Table 1, for n=4 an upper 5%significance level,the critical value for test criterion= 1.463. 3. Use average density, standard deviation, and test criterion value to evaluate density measurements. a. For measurements greater than the average: If(measurement-average)/(standard deviation)is less than test criterion, then the measurement is not considered an outlier. For A-3, check if(99.30 - 97.95)/ 1.15 is greater than 1.463. Since 1.174 is less than 1.463,the value is not an outlier. b. For measurements less than the average: If(average -measurement)/(standard deviation) is less than test criterion, then the measurement is not considered an outlier. For A-1, check if(97.95 - 96.60)/ 1.15 is greater than 1.463. Since 1.435 is less than 1.463,the value is not an outlier. Note: In this example,a measurement would be considered an outlier if the density were: Greater than (97.95 + 1.463 X 1.15) = 99.63% OR less than (97.95 - 1.463 X 1.15) =96.27%. METHOD OF ESTIMATING PERCENTAGE OF C-110-4 MATERIAL WITHIN SPECIFIC LIMITS (PWL) 3848 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Table 1. Table for Estimating Percent of Lot Within Limits (PWL) Percent Within Positive Values of Q(QL and Qu) Limits (PLand Pu) n=3 n=4 n=5 n=6 n=7 n=8 n=9 n=10 99 1.1541 1.4700 1.6714 1.8008 1.8888 1.9520 1.9994 2.0362 98 1.1524 1.4400 1.6016 1.6982 1.7612 1.8053 1.8379 1.8630 97 1.1496 1.4100 1.5427 1.6181 1.6661 1.6993 1.7235 1.7420 96 1.1456 1.3800 1.4897 1.5497 1.5871 1.6127 1.6313 1.6454 95 1.1405 1.3500 1.4407 1.4887 1.5181 1.5381 1.5525 1.5635 94 1.1342 1.3200 1.3946 1.4329 1.4561 1.4717 1.4829 1.4914 93 1.1269 1.2900 1.3508 1.3810 1.3991 1.4112 1.4199 1.4265 92 1.1184 1.2600 1.3088 1.3323 1.3461 1.3554 1.3620 1.3670 91 1.1089 1.2300 1.2683 1.2860 1.2964 1.3032 1.3081 1.3118 90 1.0982 1.2000 1.2290 1.2419 1.2492 1.2541 1.2576 1.2602 89 1.0864 1.1700 1.1909 1.1995 1.2043 1.2075 1.2098 1.2115 88 1.0736 1.1400 1.1537 1.1587 1.1613 1.1630 1.1643 1.1653 87 1.0597 1.1100 1.1173 1.1192 1.1199 1.1204 1.1208 1.1212 86 1.0448 1.0800 1.0817 1.0808 1.0800 1.0794 1.0791 1.0789 85 1.0288 1.0500 1.0467 1.0435 1.0413 1.0399 1.0389 1.0382 84 1.0119 1.0200 1.0124 1.0071 1.0037 1.0015 1.0000 0.9990 83 0.9939 0.9900 0.9785 0.9715 0.9671 0.9643 0.9624 0.9610 82 0.9749 0.9600 0.9452 0.9367 0.9315 0.9281 0.9258 0.9241 81 0.9550 0.9300 0.9123 0.9025 0.8966 0.8928 0.8901 0.8882 80 0.9342 0.9000 0.8799 0.8690 0.8625 0.8583 0.8554 0.8533 79 0.9124 0.8700 0.8478 0.8360 0.8291 0.8245 0.8214 0.8192 78 0.8897 0.8400 0.8160 0.8036 0.7962 0.7915 0.7882 0.7858 77 0.8662 0.8100 0.7846 0.7716 0.7640 0.7590 0.7556 0.7531 76 0.8417 0.7800 0.7535 0.7401 0.7322 0.7271 0.7236 0.7211 75 0.8165 0.7500 0.7226 0.7089 0.7009 0.6958 0.6922 0.6896 74 0.7904 0.7200 0.6921 0.6781 0.6701 0.6649 0.6613 0.6587 73 0.7636 0.6900 0.6617 0.6477 0.6396 0.6344 0.6308 0.6282 72 0.7360 0.6600 0.6316 0.6176 0.6095 0.6044 0.6008 0.5982 71 0.7077 0.6300 0.6016 0.5878 0.5798 0.5747 0.5712 0.5686 70 0.6787 0.6000 0.5719 0.5582 0.5504 0.5454 0.5419 0.5394 69 0.6490 0.5700 0.5423 0.5290 0.5213 0.5164 0.5130 0.5105 68 0.6187 0.5400 0.5129 0.4999 0.4924 0.4877 0.4844 0.4820 67 0.5878 0.5100 0.4836 0.4710 0.4638 0.4592 0.4560 0.4537 66 0.5563 0.4800 0.4545 0.4424 0.4355 0.4310 0.4280 0.4257 65 0.5242 0.4500 0.4255 0.4139 0.4073 0.4030 0.4001 0.3980 64 0.4916 0.4200 0.3967 0.3856 0.3793 0.3753 0.3725 0.3705 63 0.4586 0.3900 0.3679 0.3575 0.3515 0.3477 0.3451 0.3432 62 0.4251 0.3600 0.3392 0.3295 0.3239 0.3203 0.3179 0.3161 61 0.3911 0.3300 0.3107 0.3016 0.2964 0.2931 0.2908 0.2892 60 0.3568 0.3000 0.2822 0.2738 0.2691 0.2660 0.2639 0.2624 59 0.3222 0.2700 0.2537 0.2461 0.2418 0.2391 0.2372 0.2358 58 0.2872 0.2400 0.2254 0.2186 0.2147 0.2122 0.2105 0.2093 57 0.2519 0.2100 0.1971 0.1911 0.1877 0.1855 0.1840 0.1829 56 0.2164 0.1800 0.1688 0.1636 0.1607 0.1588 0.1575 0.1566 55 0.1806 0.1500 0.1406 0.1363 0.1338 0.1322 0.1312 0.1304 54 0.1447 0.1200 0.1125 0.1090 0.1070 0.1057 0.1049 0.1042 53 0.1087 0.0900 0.0843 0.0817 0.0802 0.0793 0.0786 0.0781 52 0.0725 0.0600 0.0562 0.0544 0.0534 0.0528 0.0524 0.0521 51 0.0363 0.0300 0.0281 0.0272 0.0267 0.0264 0.0262 0.0260 50 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 METHOD OF ESTIMATING PERCENTAGE OF C-110-5 MATERIAL WITHIN SPECIFIC LIMITS (PWL) 3849 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Percent Negative Values of Q (QL and Qu) Within Limits n=3 n=4 n=5 n=6 n=7 n=8 n=9 n=10 (PL and Pu) 49 -0.0363 -0.0300 -0.0281 -0.0272 -0.0267 -0.0264 -0.0262 -0.0260 48 -0.0725 -0.0600 -0.0562 -0.0544 -0.0534 -0.0528 -0.0524 -0.0521 47 -0.1087 -0.0900 -0.0843 -0.0817 -0.0802 -0.0793 -0.0786 -0.0781 46 -0.1447 -0.1200 -0.1125 -0.1090 -0.1070 -0.1057 -0.1049 -0.1042 45 -0.1806 -0.1500 -0.1406 -0.1363 -0.1338 -0.1322 -0.1312 -0.1304 44 -0.2164 -0.1800 -0.1688 -0.1636 -0.1607 -0.1588 -0.1575 -0.1566 43 -0.2519 -0.2100 -0.1971 -0.1911 -0.1877 -0.1855 -0.1840 -0.1829 42 -0.2872 -0.2400 -0.2254 -0.2186 -0.2147 -0.2122 -0.2105 -0.2093 41 -0.3222 -0.2700 -0.2537 -0.2461 -0.2418 -0.2391 -0.2372 -0.2358 40 -0.3568 -0.3000 -0.2822 -0.2738 -0.2691 -0.2660 -0.2639 -0.2624 39 -0.3911 -0.3300 -0.3107 -0.3016 -0.2964 -0.2931 -0.2908 -0.2892 38 -0.4251 -0.3600 -0.3392 -0.3295 -0.3239 -0.3203 -0.3179 -0.3161 37 -0.4586 -0.3900 -0.3679 -0.3575 -0.3515 -0.3477 -0.3451 -0.3432 36 -0.4916 -0.4200 -0.3967 -0.3856 -0.3793 -0.3753 -0.3725 -0.3705 35 -0.5242 -0.4500 -0.4255 -0.4139 -0.4073 -0.4030 -0.4001 -0.3980 34 -0.5563 -0.4800 -0.4545 -0.4424 -0.4355 -0.4310 -0.4280 -0.4257 33 -0.5878 -0.5100 -0.4836 -0.4710 -0.4638 -0.4592 -0.4560 -0.4537 32 -0.6187 -0.5400 -0.5129 -0.4999 -0.4924 -0.4877 -0.4844 -0.4820 31 -0.6490 -0.5700 -0.5423 -0.5290 -0.5213 -0.5164 -0.5130 -0.5105 30 -0.6787 -0.6000 -0.5719 -0.5582 -0.5504 -0.5454 -0.5419 -0.5394 29 -0.7077 -0.6300 -0.6016 -0.5878 -0.5798 -0.5747 -0.5712 -0.5686 28 -0.7360 -0.6600 -0.6316 -0.6176 -0.6095 -0.6044 -0.6008 -0.5982 27 -0.7636 -0.6900 -0.6617 -0.6477 -0.6396 -0.6344 -0.6308 -0.6282 26 -0.7904 -0.7200 -0.6921 -0.6781 -0.6701 -0.6649 -0.6613 -0.6587 25 -0.8165 -0.7500 -0.7226 -0.7089 -0.7009 -0.6958 -0.6922 -0.6896 24 -0.8417 -0.7800 -0.7535 -0.7401 -0.7322 -0.7271 -0.7236 -0.7211 23 -0.8662 -0.8100 -0.7846 -0.7716 -0.7640 -0.7590 -0.7556 -0.7531 22 -0.8897 -0.8400 -0.8160 -0.8036 -0.7962 -0.7915 -0.7882 -0.7858 21 -0.9124 -0.8700 -0.8478 -0.8360 -0.8291 -0.8245 -0.8214 -0.8192 20 -0.9342 -0.9000 -0.8799 -0.8690 -0.8625 -0.8583 -0.8554 -0.8533 19 -0.9550 -0.9300 -0.9123 -0.9025 -0.8966 -0.8928 -0.8901 -0.8882 18 -0.9749 -0.9600 -0.9452 -0.9367 -0.9315 -0.9281 -0.9258 -0.9241 17 -0.9939 -0.9900 -0.9785 -0.9715 -0.9671 -0.9643 -0.9624 -0.9610 16 -1.0119 -1.0200 -1.0124 -1.0071 -1.0037 -1.0015 -1.0000 -0.9990 15 -1.0288 -1.0500 -1.0467 -1.0435 -1.0413 -1.0399 -1.0389 -1.0382 14 -1.0448 -1.0800 -1.0817 -1.0808 -1.0800 -1.0794 -1.0791 -1.0789 13 -1.0597 -1.1100 -1.1173 -1.1192 -1.1199 -1.1204 -1.1208 -1.1212 12 -1.0736 -1.1400 -1.1537 -1.1587 -1.1613 -1.1630 -1.1643 -1.1653 11 -1.0864 -1.1700 -1.1909 -1.1995 -1.2043 -1.2075 -1.2098 -1.2115 10 -1.0982 -1.2000 -1.2290 -1.2419 -1.2492 -1.2541 -1.2576 -1.2602 9 -1.1089 -1.2300 -1.2683 -1.2860 -1.2964 -1.3032 -1.3081 -1.3118 8 -1.1184 -1.2600 -1.3088 -1.3323 -1.3461 -1.3554 -1.3620 -1.3670 7 -1.1269 -1.2900 -1.3508 -1.3810 -1.3991 -1.4112 -1.4199 -1.4265 6 -1.1342 -1.3200 -1.3946 -1.4329 -1.4561 -1.4717 -1.4829 -1.4914 5 -1.1405 -1.3500 -1.4407 -1.4887 -1.5181 -1.5381 -1.5525 -1.5635 4 -1.1456 -1.3800 -1.4897 -1.5497 -1.5871 -1.6127 -1.6313 -1.6454 3 -1.1496 -1.4100 -1.5427 -1.6181 -1.6661 -1.6993 -1.7235 -1.7420 2 -1.1524 -1.4400 -1.6016 -1.6982 -1.7612 -1.8053 -1.8379 -1.8630 1 -1.1541 -1.4700 -1.6714 -1.8008 -1.8888 -1.9520 -1.9994 -2.0362 METHOD OF ESTIMATING PERCENTAGE OF C-110-6 MATERIAL WITHIN SPECIFIC LIMITS (PWL) 3850 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. ASTM International(ASTM) ASTM E178 Standard Practice for Dealing with Outlying Observations END OF ITEM C-110 METHOD OF ESTIMATING PERCENTAGE OF C-110-7 MATERIAL WITHIN SPECIFIC LIMITS (PWL) 3851 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual This Page is Intentionally Left Blank METHOD OF ESTIMATING PERCENTAGE OF C-110-8 MATERIAL WITHIN SPECIFIC LIMITS (PWL) 3852 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Item P-101 Preparation/Removal of Existing Pavements DESCRIPTION 101-1 This item shall consist of preparation of existing pavement surfaces for overlay, surface treatments, removal of existing pavement, and other miscellaneous items. The work shall be accomplished in accordance with these specifications and the applicable plans. EQUIPMENT AND MATERIALS 101-2 All equipment and materials shall be specified here and in the following paragraphs or approved by the Resident Project Representative (RPR). The equipment shall not cause damage to the pavement to remain in place. CONSTRUCTION 101-3.1 Removal of existing pavement. The Contractor's removal operation shall be controlled to not damage adjacent pavement structure,and base material, cables,utility ducts,pipelines, or drainage structures which are to remain under the pavement. a. Concrete pavement removal. Full depth saw cuts shall be made perpendicular to the slab surface. The Contractor shall saw through the full depth of the slab including any dowels at the j oint,removing the pavement and installing new dowels as shown on the plans and per the specifications.Where the perimeter of the removal limits is not located on the joint and there are no dowels present,the perimeter shall be saw cut the full depth of the pavement. The pavement inside the saw cut shall be removed by methods which will not cause distress in the pavement which is to remain in place. if the ffi fttefi , is f,.be . Concrete slabs that are damaged by under breaking shall be repaired or removed and replaced as directed by the RPR. The edge of existing concrete pavement against which new pavement abuts shall be protected from damage at all times. Spall and underbreak repair shall be in accordance with the plans. Any underlaying material that is to remain in place, shall be recompacted and/or replaced as shown on the plans. Adjacent areas damaged during repair shall be repaired or replaced at the Contractor's expense. b.Asphalt pavement removal.Asphalt pavement to be removed shall be cut to the full depth of the asphalt pavement around the perimeter of the area to be removed. bff es-( c. Repair or removal of Base, Subbase, and/or Subgrade. All failed material including surface, base course, subbase course, and subgrade shall be removed and repaired as shown on the plans or as directed by the RPR. Materials and methods of construction shall comply with the applicable sections of these specifications. Any damage caused by Contractor's removal process shall be repaired at the Contractor's expense. PREPARATION/REMOVAL OF EXISTING PAVEMENTS P-101-1 3853 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 101-3.2 Preparation of joints and cracks prior to overlay/surface treatment.Remove all vegetation and debris from cracks to a minimum depth of 1 inch (25 mm). If extensive vegetation exists,treat the specific area with a concentrated solution of a water-based herbicide approved by the RPR. Fill all cracks greater than 1/4 inch(6 mm)wide)with a crack sealant per ASTMD6690. The crack sealant, preparation, and application shall be compatible with the surface treatment/overlay to be used. To minimize contamination of the asphalt with the crack sealant,underfill the crack sealant a minimum of 1/8 inch(3 mm),not to exceed1l/4 inch(6 mm). Any excess joint or crack sealer shall be removed from the pavement surface. 101-3.3 Removal of Foreign Substances/contaminates prior to overlay and remarking. Removal of foreign substances/contaminates from existing pavement that will affect the bond of the new treatment shall consist of removal of rubber, fuel spills, oil,crack sealer, at least 90%of paint, and other foreign substances from the surface of the pavement. Areas that require removal are designated on the plans and as directed by the RPR in the field during construction. Cold milling may be used. If chemicals are used,they shall comply with the state's environmental protection regulations. Removal methods used shall not cause maj or damage to the pavement, or to any structure or utility within or adjacent to the work area. Major damage is defined as changing the properties of the pavement,removal of asphalt causing the aggregate to ravel, or removing pavement over 1/8 inch(3 mm) deep. If it is deemed by the RPR that damage to the existing pavement is caused by operational error, such as permitting the application method to dwell in one location for too long,the Contractor shall repair the damaged area without compensation and as directed by the RPR. Removal of foreign substances shall not proceed until approved by the RPR.Water used for high-pressure water equipment shall be provided by the Contractor at the Contractor's expense.No material shall be deposited on the pavement shoulders. All wastes shall be disposed of in areas indicated in this specification or shown on the plans. 101-3.4 Concrete spall or failed asphaltic concrete pavement repair. a. Repair of concrete spalls in areas to be overlaid with asphalt. The Contractor shall repair all spalled concrete as shown on the plans or as directed by the RPR. The perimeter of the repair shall be saw cut a minimum of 2 inches (50 mm) outside the affected area and 2 inches (50 mm) deep. The deteriorated material shall be removed to a depth where the existing material is firm or cannot be easily removed with a geologist pick. The removed area shall be filled with asphalt mixture with aggregate sized appropriately for the depth of the patch. The material shall be compacted with equipment approved by the RPR until the material is dense and no movement or marks are visible. The material shall not be placed in lifts over 4 inches (100 mm)in depth. This method of repair applies only to pavement to be overlaid. b.Asphalt pavement repair. The Contractor shall repair all spalled concrete as shown on the plans or as directed by the RPR. The failed areas shall be removed as specified in paragraph 101-3.lb. All failed material including surface,base course, subbase course, and subgrade shall be removed. Materials and methods of construction shall comply with the applicable sections of these specifications. 101-3.5 Cold milling. Milling shall be performed with a power-operated milling machine or grinder, capable of producing a uniform finished surface. The milling machine or grinder shall operate without tearing or gouging the underlaying surface. The milling machine or grinder shall be equipped with grade and slope controls, and a positive means of dust control. All millings shall be removed and disposed off- Airport property. If the Contractor mills or grinds deeper or wider than the plans specify,the Contractor shall replace the material removed with new material at the Contractor's Expense. a. Patching. The milling machine shall be capable of cutting a vertical edge without chipping or spalling the edges of the remaining pavement and it shall have a positive method of controlling the depth of cut. The RPR shall layout the area to be milled with a straightedge in increments of 1-foot(30 cm) PREPARATION/REMOVAL OF EXISTING PAVEMENTS P-101-2 3854 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual widths. The area to be milled shall cover only the failed area. Any excessive area that is milled because the Contractor doesn't have the appropriate milling machine, or areas that are damaged because of his negligence, shall be repaired by the Contractor at the Contractor's Expense. b. Profiling, grade correction, or surface correction.The milling machine shall have a minimum width of 7 feet and it shall be equipped with electronic grade control devices that will cut the surface to the grade specified. The tolerances shall be maintained within+0 inch and -1/4 inch(+0 min and -6mm) of the specified grade. The machine must cut vertical edges and have a positive method of dust control. The machine must have the ability to remove the millings or cuttings from the pavement and load them into a truck. All millings shall be removed and disposed of off the airport. c. Clean-up. The Contractor shall sweep the milled surface daily and immediately after the milling until all residual materials are removed from the pavement surface. Prior to paving,the Contractor shall wet down the milled pavement and thoroughly sweep and/or blow the surface to remove loose residual material.Waste materials shall be collected and removed from the pavement surface and adjacent areas by sweeping or vacuuming. Waste materials shall be removed and disposed offsite at an approved location that meets local, state and federal regulations. Costs related to removals are incidental to existing line items. 101-3.6. Preparation of asphalt pavement surfaces prior to surface treatment. Existing asphalt pavements to be treated with a surface treatment shall be prepared as follows: a. Patch asphalt pavement surfaces that have been softened by petroleum derivatives or have failed due to any other cause. Remove damaged pavement to the full depth of the damage and replace with new asphalt pavement similar to that of the existing pavement in accordance with paragraph 101-3.4b. b. Repair joints and cracks in accordance with paragraph 101-3.2. c. Remove oil or grease that has not penetrated the asphalt pavement by scrubbing with a detergent and washing thoroughly with clean water. After cleaning,treat these areas with an oil spot primer d. Clean pavement surface immediately prior to placing the surface treatment so that it is free of dust, dirt,grease,vegetation, oil or any type of objectionable surface film. 101-3.7 Maintenance. The Contractor shall perform all maintenance work necessary to keep the pavement in a satisfactory condition until the full section is complete and accepted by the RPR. The surface shall be kept clean and free from foreign material. The pavement shall be properly drained at all times. If cleaning is necessary or if the pavement becomes disturbed,any work repairs necessary shall be performed at the Contractor's expense. 101-3.8 Preparation of Joints in Rigid Pavement prior to resealing. Prior to application of sealant material, clean and dry the joints of all scale, dirt, dust, old sealant,curing compound,moisture and other foreign matter. The Contractor shall demonstrate, in the presence of the RPR,that the method used cleans the joint and does not damage the joint. 101-3.8.1 Removal of Existing Joint Sealant. All existing joint sealants will be removed by plowing or use of hand tools. Any remaining sealant and or debris will be removed by use of wire brushes or other tools as necessary. Resaw joints removing no more than 1/16 inch(2 mm)from each joint face. Immediately after sawing, flush out j oint with water and other tools as necessary to completely remove the slurry. 101-3.8.2 Cleaning prior to sealing. Immediately before sealing,joints shall be cleaned by removing any remaining laitance and other foreign material. Allow sufficient time to dry out j oints prior to sealing. Joint surfaces will be surface-dry prior to installation of sealant. 101-3.8.3 Joint sealant. eif4 ffi +,,..:.,, afid iffs l +ie will be ; aeeefda-flee. ,;*, Pent 42 605 Not used PREPARATION/REMOVAL OF EXISTING PAVEMENTS P-101-3 3855 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 101-3.9 Preparation of Cracks in Flexible Pavement prior to sealing. Prior to application of sealant material, clean and dry the joints of all scale, dirt, dust, old sealant,curing compound,moisture and other foreign matter. The Contractor shall demonstrate, in the presence of the RPR,that the method used cleans the cracks and does not damage the pavement. 101-3.9.1 Preparation of Crack.Widen crack with router by removing a minimum of 1/16 inch(2 mm) from each side of crack. Immediately before sealing, cracks will be blown out with a hot air lance combined with oil and water-free compressed air. 101-3.9.3 Crack Sealant. . Not used 101-3.9.4 Removal of Pipe and other Buried Structures. a. Removal of Existing Pipe Material.Not used b. Removal of Inlets/Manholes.Not used. METHOD OF MEASUREMENT 101-4.1 Cold Milling(4" Depth).The unit of measure for Cold Milling (4" Depth) shall be the number of square yards of asphalt pavement milled at a 4" depth. The location of the cold milling shall be as shown on the plans. The depth of the cold milling shall be as shown on the plans or as directed by the RPR. No measurement shall be taken for the milling of temporary construction ramps,but it shall be considered incidental to Item P-401-8.1. Measurement shall include labor, equipment,tools,hauling and legal disposal of removed material off Airport property, and protection of existing runway and taxiway lights and base cans during milling operations. 101-4.2 Cold Milling(0.5" Depth). The unit of measure for Cold Milling (0.5"Depth) shall be the number of square yards of asphalt pavement milled at a 0.5" depth. The purpose of this cold milling is to remove temporary pavement markings prior to pavement overlay and provide for a mechanical bond with the final lift of asphalt to be placed. If the initial cut does not remove all temporary markings to the satisfaction of the RPR,the Contractor shall re-mill the area.No measurement shall be made for the re- milling of any areas in order to remove temporary pavement markings.No temporary pavement markings may be removed without prior approval by the RPR. Measurement shall include labor, equipment,tools, hauling and legal disposal of removed material off Airport property, and protection of existing runway and taxiway lights and base cans during milling operations. BASIS OF PAYMENT 101-5.1 Cold Milling(4" Depth).Payment shall be made at the contract unit price per square yard for Cold Milling (4" Depth). The location of the cold milling shall be as shown on the plans. The depth of the cold milling shall be 4".No payment shall be made for the milling of temporary construction ramps,but it shall be considered incidental to Item P-401-8.1. Price shall also include all hauling and disposing of the demolished pavement legally off airport property,and protection of existing runway and taxiway lights and base cans during milling operations. PREPARATION/REMOVAL OF EXISTING PAVEMENTS P-101-4 3856 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 101-4.2 Cold Milling(0.5" Depth).Payment shall be made at the contract unit price per square yard for Cold Milling (0.5"Depth). The depth of the cold milling shall be 0.5". The location of the cold milling shall be as shown on the plans. Price shall also include all hauling and disposing of the demolished pavement legally off airport property,and protection of existing runway and taxiway lights and base cans during milling operations. Payment will be made under: Item P-101-1 Cold Milling (4"Depth) Per square yard Item P-101-2 Cold Milling (0.5"Depth) Per square yard REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. Advisory Circulars (AC) AC 150/5380-6 Guidelines and Procedures for Maintenance of Airport Pavements. ASTM International(ASTM) ASTM D6690 Standard Specification for Joint and Crack Sealants,Hot Applied, for Concrete and Asphalt Pavements END OF ITEM P-101 PREPARATION/REMOVAL OF EXISTING PAVEMENTS P-101-5 3857 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual This Page is Intentionally Left Blank PREPARATION/REMOVAL OF EXISTING PAVEMENTS P-101-6 3858 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Item P-102 Safety and Security DESCRIPTION 102-1.1 The provisions of this safety and security plan and associated procedures are applicable within the boundaries of the Key West International Airport. A complete understanding of all procedures and requirements contained herein is required to ensure safety during construction. The Airport has completed a Construction Safety and Phasing Plan (CSPP), which is included in Appendix I of the Project Manual. It is required that the contractor comply with this CSPP at all times during the project. The contractor shall be required to submit for approval a Safety Plan Compliance Document (SPCD) which details how the contractor will comply with the CSPP. This safety plan is a part of this Contract and deviations from the requirements established herein will be sufficient cause for Contract termination. Required reference material associated with this safety plan includes: FAA AC 150/5200-18C,Airport Safety Self-Inspection FAA AC 150/5210-51), Painting, Marking and Lighting of Vehicles Used on an Airport FAA AC 150/5370-2G, Operational Safety on Airports During Construction These documents are available online at http://www.faa.gov/airports/resources/advisory circulars or can be provided upon request. CONTRACTOR SAFETY AND SECURITY OFFICER 102-2.1 CONTRACTOR SAFETY AND SECURITY OFFICER(CSSO). The Contractor shall appoint its on-site Construction Superintendent or other qualified individual(s) as its duly authorized representative to serve as Contractor Safety and Security Officer(CSSO) for the duration of the Contract. The CSSO shall thoroughly understand the safety and security requirements of the Contract, the necessity for them and shall have sufficient authority to implement its provisions without significant deviation. The Contractor shall notify the Resident Project Representative (RPR) in writing of the name of the individual(s) selected for the assignment. The CSSO shall represent the Contractor on safety and security requirements compliance. The CSSO shall be especially knowledgeable regarding the requirements of FAA AC's 150/5200-18, Airport Safety Self Inspection Guide and 150/5370-2 Operational Safety on Airports During Construction, latest edition. 102-2.2 RESPONSIBILITIES OF THE CONTRACTOR SAFETY AND SECURITY OFFICER. Prior to the desired date for commencement of any work on the project, the CSSO shall accomplish the following: a. Develop and submit in writing a detailed work sequence schedule with dates and times specified for all milestone events. This sequence schedule shall be subject to the approval of the RPR. To assure adequate time for coordination, this document shall be submitted at least one week prior to the date of the Pre-construction Conference. b. Develop and submit in writing a detailed outline of the procedures to be followed to maintain safety and security of both Contractor operations and the integrity of airport landside and airside SAFETY& SECURITY P-102-1 3859 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual operations during the prosecution of contract work. This plan shall detail, in addition, the procedures to be followed in the event of an accident or fire involving Contractor personnel and the Contractor's efforts to maintain fire protection and security. These procedures shall be subject to the approval of the RPR and reflect any change as may be deemed necessary. c. Conduct at least one meeting of all Contractor supervisory personnel prior to the start of contract work. The purpose of this meeting is to review the approved Work sequence schedule and safety and security procedures. Attendance at this meeting by the CSSO, all Contractor supervisory personnel and the RPR is mandatory. This meeting shall also be open to other employees of the Contractor and others as the Construction Manager may deem appropriate. Minutes of this meeting shall be taken by the CSSO, copies provided to each supervisor and kept on file in the Contractor's construction office for periodic review and updating. d. Develop a safety and security orientation program and provide a briefing for all employees of the Contractor and subcontractors that will be used on the project. A similar briefing will be given to new employees prior to their use on contract work. In addition, the CSSO shall be responsible for briefing, from time to time, all Contractor personnel on any changes to safety and security measures deemed necessary. e. Submit a Safety Plan Compliance Document (SPCD)to the airport operator describing how it will comply with the requirements of the CSPP and supplying any details that could not be determined before contract award. The SPCD must include a certification statement by the contractor that indicates it understands the operational safety requirements of the CSPP and it asserts it will not deviate from the approved CSPP and SPCD unless written approvals granted by the airport operator. Any construction practice proposed by the contractor that does not conform to the CSPP and SPCD may impact the airport's operational safety and will require a revision to the CSPP and SPCD and re-coordination with the airport operator and the FAA in advance. 1) The Safety Plan Compliance Document (SPCD) should include a general statement by the construction contractor that he/she has read and will abide by the CSPP. In addition, the SPCD must include all supplemental information that could not be included in the CSPP prior to the contract award. The contractor statement should include the name of the contractor, the title of the project CSPP, the approval date of the CSPP, and a reference to any supplemental information (that is, "I , Name of Contractor , have read the Title of Project CSPP, approved on Date , and will abide by it as written and with the following additions as noted:"). The supplemental information in the SPCD should be written to match the format of the CSPP indicating each subject by corresponding CSPP subject number and title. If no supplemental information is necessary for any specific subject, the statement, "No supplemental information," should be written after the corresponding subject title. The SPCD should not duplicate information in the CSPP: i. Coordination. Discuss details of proposed safety meetings with the airport operator and with contractor employees and subcontractors. ii. Phasing. Discuss proposed construction schedule elements, including: 1. Duration of each phase. 2. Daily start and finish of construction, including "night only"construction. 3. Duration of construction activities during. 4.Normal runway operations. 5. Closed runway operations. SAFETY& SECURITY P-102-2 3860 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 6. Modified runway"Aircraft Reference Code"usage. iii. Areas and operations affected by the construction activity. These areas and operations should be identified in the CSPP and should not require an entry in the SPCD. iv. Protection of NAVAIDs. Discuss specific methods proposed to protect operating NAVAIDs. v. Contractor access. Provide the following: 1. Details on how the contractor will maintain the integrity of the airport security fence (Monroe County Sheriff's Airport Security Office Technician or Deputy as gate guards, daily log of construction personnel, and other). 2. Listing of individuals requiring driver training (for certificated airports and as requested). 3. Radio communications. 4. Types of radios and backup capabilities. 5.Who will be monitoring radios. 6. Whom to contact if the ATCT cannot reach the contractor's designated person by radio. 7. Details on how the contractor will escort material delivery vehicles. 8. Compliance with FWC boater safety regulations. vi. Wildlife management. Discuss the following: 1. Methods and procedures to prevent wildlife attraction. 2.Wildlife reporting procedures. vii. Foreign Object Debris (FOD) management. Discuss equipment and methods for control of FOD, including construction debris and dust. viii. Hazardous material (HAZMAT) management. Discuss equipment and methods for responding to hazardous spills. ix. Notification of construction activities. Provide the following: 1. Contractor points of contact. 2. Contractor emergency contact. 3. Listing of tall or other requested equipment proposed for use on the airport and the timeframe for submitting 7460-1 forms not previously submitted by the airport operator. x. Inspection requirements. Discuss daily (or more frequent) inspections and special inspection procedures. xi. Underground utilities. Discuss proposed methods of identifying and protecting underground utilities. xii. Penalties. Any penalties are identified in the CSPP. xiii. Special conditions. Discuss proposed actions for each special condition identified in the CSPP. SAFETY& SECURITY P-102-3 3861 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual xiv. Runway and taxiway visual aids. Including marking, lighting, signs, and visual NAVAIDs. Discuss proposed visual aids including the following: 1. Equipment and methods for covering signage and airfield lights. xv. Marking and signs for access routes. Discuss proposed methods of demarcating access routes for vehicle drivers. xvi. Hazard marking and lighting. Discuss proposed equipment and methods for identifying excavation areas. xvii. Protection of runway and taxiway safety areas, including object free areas, obstacle free zones, and approach/departure surfaces. Discuss proposed methods of identifying, demarcating, and protecting airport surfaces including: 1. Equipment and methods for maintaining Taxiway Safety Area standards. 2. Equipment and methods for separation of construction operations from aircraft operations, including details of barricades. xviii. Other limitations on construction should be identified in the CSPP and should not require an entry in the SPCD. 2) Have available at all times copies of the CSPP and SPCD for reference by the airport operator and its representatives, and by subcontractors and contractor employees. 3) Ensure that construction personnel are familiar with safety procedures and regulations on the airport. Provide a point of contact who will coordinate an immediate response to correct any construction-related activity that may adversely affect the operational safety of the airport. Contractor shall provide 24-hour coverage. 4) Identify in the SPCD the contractor's on-site employees responsible for monitoring compliance with the CSPP and SPCD during construction. At least one of these employees must be on-site whenever active construction is taking place. 5) Conduct inspections sufficiently frequently to ensure construction personnel comply with the CSPP and SPCD and that there are no altered construction activities that could create potential safety hazards. 6) Restrict movement of construction vehicles and personnel to permitted construction areas by flagging, barricading, erecting temporary fencing, or providing escorts, as appropriate and as specified in the CSPP and SPCD. 7) Ensure that no contractor employees, employees of subcontractors or suppliers, or other persons enter any part of the air operations area (AOA) from the construction site unless authorized. 8) The Contractor shall submit and receive approval of SPCD prior to issuance of Notice to Proceed. SAFETY& SECURITY P-102-4 3862 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual CONSTRUCTION SEQUENCING 102-3.1 CONSTRUCTION SEQUENCE. The Contractor shall prepare a construction schedule and submit to the RPR at least one week prior to the pre-construction conference. 102-3.2 CLOSING RUNWAYS AND TAXIWAYS. The Contractor shall acquaint his supervisors and employees with the sequence of construction and its relationship to airport activity and aircraft operations that are inherent to this airport. No runway, taxiway, apron or airport roadway shall be closed without the written approval of the Owner, to enable necessary NOTAMS and/or advisories to airport fixed based operators (FBOs),tenants and users. The Contractor shall contact the RPR a minimum of 72 Hours prior to any requested closing. Any construction activity within 200 feet of the centerline of an active runway (runway safety area) or within 93 feet of the centerline of an active taxiway or apron (taxiway object free area) requires the closure of the affected area. These safety areas are shown on the phasing plan. The RPR will arrange for an inspection prior to return to service of any facility, that has been closed for work, on or adjacent thereto, or that has been used for a crossing point or haul route by the Contractor. MARKING AND LIGHTING 102-4.1 Proper marking and lighting of areas on the airfield associated with the construction shall be the responsibility of the Contractor and shall be described by the SPCD. This will include properly marking and lighting closed runways, taxiways, taxilanes, and aprons, the limits of construction, material storage areas, equipment storage areas, haul routes, parking areas and other areas defined as required for the Contractor's exclusive use. The Contractor shall erect and maintain around the perimeter of these areas suitable marking and warning devices visible for day and night use. Temporary barricades, flagging, and flashing warning lights shall be required at critical access points. The type and location of marking and warning devices will be approved by the RPR. Special emphasis shall be given to open trenches, excavations, heavy equipment marshalling areas, and stockpiled material located in the airport operations area, which shall be predominantly marked by the Contractor with flags and lighted by approved light units during hours of restricted visibility and darkness. All marking shall be in accordance with FAA Advisory Circular (AC) 150/5340-1J or latest edition. TRAFFIC CONTROL 102-5.1 VEHICLE IDENTIFICATION. The Contractor shall establish and maintain a list of Contractor and subcontractor vehicles authorized to operate on the site. Contractor employee vehicles shall be restricted to the Contractor's staging area and are not allowed in the Airport Operations Area (AOA) at any time. To be authorized to operate on the airport, each Contractor or subcontractor's vehicle shall: a. be marked/flagged for high daytime visibility and lighted for nighttime operations. Vehicles that are not marked and/or lighted shall be escorted by a vehicle appropriately marked and/or lighted. Vehicles requiring escort shall be identified on the list. SAFETY& SECURITY P-102-5 3863 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual b. be identified with the name and/or logo of the Contractor and be of sufficient size to be identified at a distance. Vehicles needing intermittent identification could be marked with tape or with commercially available magnetically attached markers. Vehicles that are not appropriately identified shall be escorted by a vehicle that conforms to this requirement. Vehicles requiring escort shall be identified on the list. c. be operated in a manner that does not compromise the safety of either landside or airside airport operations. If, in the opinion of the RPR, any vehicle is operated in a manner not fully consistent with this requirement, the RPR has the right to restrict operation of the vehicle or prohibit its use on the airport. 102-5.2 ACCESS TO THE SITE OF CONSTRUCTION. The Contractor's access to the site shall be as shown on the Plans. No other access points shall be allowed unless approved by the RPR. All Contractor traffic authorized to enter the site shall be experienced in the route or guided by Contractor personnel. The Contractor shall be responsible for traffic control to and from the various construction areas on the site, and for the operation and security of the access gate to the site. A Contractor's flagman or traffic control person shall monitor and coordinate all Contractor traffic at the access gate with Airport Security. The Contractor shall not permit any unauthorized construction personnel or traffic on the site. Access gates to the site shall be locked and secured at all times when not attended by the Contractor. If the Contractor chooses to leave any access gate open, it shall be attended by Contractor personnel who are familiar with the requirements of the Airport Security Program and have been approved by Airport Operations. The Contractor is responsible for the immediate cleanup of any debris deposited along the access route as a result of his construction traffic. Directional signing from the access gate along the delivery route to the storage area, plant site or work site shall be as directed by the RPR. In addition,the following requirements are applicable: a. All Contractor traffic authorized to travel on the airport shall have been briefed as part of the Contractor's construction safety and security orientation program, be thoroughly familiar with the access procedures and route for travel or be escorted by personnel authorized by the Contractor Safety and Security Officer(CSSO). b. The Contractor shall install work site identification signs at the authorized access point(s). If, in the opinion of the RPR, directional signs are needed for clarity, they shall be installed along the route authorized for access to each construction site. c. Under no circumstance will Contractor personnel be permitted to drive their individually owned vehicles to any construction site on the airport. All vehicles must be parked in the area designated for Contractor's employee parking. d. In addition to the inspection and cleanup required at the end of each shift, the Contractor is responsible for the immediate cleanup of any debris generated along the construction site access routes) as a result of construction related traffic or operations whether or not created by Contractor personnel. The Contractor must construct a stabilized construction entrances as shown in the Contract Plans prior to beginning construction. Final location of stabilized construction entrance will be approved by RPR. The Contractor must maintain through traffic along all roads used for project access, during all project phases. Prior to beginning construction,the Contractor must install Construction Ahead signs as shown in the Contract plans, as well as any temporary fencing and gates as shown in the Contract Plans. SAFETY& SECURITY P-102-6 3864 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 102-5.3 MATERIAL SUPPLIERS. All material suppliers, subcontractors and visitors to the work site are obligated to follow the same safety and security operating procedures as the Contractor. All material suppliers shall make their deliveries using the same access points and routes as the Contractor and shall be advised of the appropriate delivery procedures at the time the materials order is placed. The Contractor shall not use the Airport address for any delivery but shall use the street address appropriate to the location of the entrance of the work site. If it is not practical to conform to the vehicle identification requirements of Section 102-5.1 and the safety and security operations program requirements of Section 102-2.2, the Contractor shall be prepared to escort all suppliers, subcontractors and visitors while they are on the airport. 102-5.4 PERSONNEL IDENTIFICATION. All employees, agents, vendors, invitees, etc. of the Contractor or subcontractors requiring access to the construction site shall, conform to the Security Program. 102-5.5 CONSTRUCTION BARRICADES. The Contractor shall be required to procure, deliver, and place low-profile and Type II construction barricades as indicated in the Construction Drawings. The Contractor shall be required to maintain barricades in proper working condition. The Contractor shall be required to set up and break down barricades for each phase of construction as indicated in the Construction Drawings. GENERAL SAFETY REQUIREMENTS 102-6.1 All Contractor vehicles that are authorized to operate on the airport outside of the designated construction area limits or haul routes as defined herein shall display in full view above the vehicle a flashing amber (yellow) dome-type light or a three-foot by three-foot, or larger, orange and white checkerboard flag, each checkerboard color being one-foot square. Vehicles must be under control of a Contractor mobile (two-way) radio operator (flagmen) monitoring the Airport frequency. Vehicle operators must be vigilant for conflict with any aircraft and give way to any operating aircraft. All Contractor vehicles that are required to operate outside of the construction area limits as defined herein and cross active runways, taxiways, aprons, or runway approach clear zones shall do so under the direct control of a flagman who is monitoring the Airport frequency. Flagmen and two-way radios shall be furnished by the Contractor. Flagmen shall be instructed in the use of two-way radios prior to use. All aircraft traffic on runways,taxiways and aprons shall have priority over Contractor's traffic. Construction vehicles not in use for extended periods during the work day, or during nights and weekends (non work periods) shall be parked away from active runways,taxiways, and aprons in designated vehicle marshalling areas. The Contractor shall disconnect backup beepers and prevent banging tailgates during nighttime operations. The Contractor will be required to use flaggers to direct equipment movement in staging areas during nighttime hours. 102-6.2 In order to protect all aircraft traffic, aviation related businesses, terminal apron areas, etc. from potential damage caused by foreign object debris (FOD) generated by construction activities, the Contractor shall provide a full time on site vacuum truck as required at the startup of construction to daily vacuum all pavements affected by construction. The vacuum truck shall remain on-site for the duration of the project and shall be available at the discretion of the Owner to vacuum pavement areas adjacent to the construction areas to ensure no FOD is present on pavements within 500 feet of any construction area. SAFETY& SECURITY P-102-7 3865 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Protecting the aircraft, airport tenants, users, public, etc. against FOD is a critical safety issue therefore the cost of the vacuum truck will be included in the cost established for this specification item. CONSTRUCTION CONTROL 102-7.1 A primary and alternate responsible Contractor's representative shall be designated by the Contractor. The Contractor's representatives shall be available locally on a 24-hour basis. Names of the primary and alternate, including phone number, shall be made available to the Construction Manager by the Contractor. The Contractor shall insure that the names and phone numbers are kept current and made available to the RPR. CONSTRUCTION TECHNIQUES 102-8.1 Construction shall be planned and conducted throughout this project in such a manner as to allow the maintenance of completely safe airport operations. Every effort shall be made to reduce the impact of construction activity on overall airport operations. To this end the Contractor's activities shall be conducted in such a manner so as to preclude, except where absolutely required, open excavations, trenches, ditches and above ground obstacles such as booms on cranes or obstacle markers such as wooden saw horses. The primary responsibility for assuring that the safest possible construction techniques are followed rests with the Contractor Safety and Security Officer(CSSO). METHOD OF MEASUREMENT 102-9.1 The item of Safety and Security shall be measured as a lump sum item when required and furnished for the life of the Contract. BASIS OF PAYMENT 102-10. Payment shall be made for airport safety and security measures for personnel or materials related to this specification item and incidentally required to satisfy the specified objective(s) under item P-102- 1, Safety and Security. This compensation shall be full compensation for furnishing,placing and removal of all materials, barricades, signage, placing/removal and maintenance of airport provide lighted runway closed markers, sweepers, Monroe County Sheriff's Airport Security Office Technician or Deputy for use as gate guards, and for all labor,equipment,tools,and incidentals necessary to complete the item. PARTIAL PAYMENTS. Partial payments will be made in accordance with the following: Percentage of Original Allowable Percent of the Lump Contract Earned Sum Price for the Item 25 25 50 50 75 75 100 (or Contract Completion) 100 Payment shall be made under: Item P-102-1 Safety and Security per lump sum END OF ITEM P-102 SAFETY& SECURITY P-102-8 3866 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Item P-401 Asphalt Mix Pavement DESCRIPTION 401-1.1 This item shall consist of pavement courses composed of mineral aggregate and asphalt binder mixed in a central mixing plant and placed on a prepared base or stabilized course in accordance with these specifications and shall conform to the lines,grades,thicknesses,and typical cross-sections shown on the plans. Each course shall be constructed to the depth,typical section, and elevation required by the plans and shall be rolled, finished, and approved before the placement of the next course. 401-1.2 PRE-PAVING WORKSHOP.A discussion shall be held at the pre-construction meeting in lieu of a pre paving workshop (see agenda items below). It is mandatory that the Contractor and his representatives (listed below) attend the meeting. Mandatory attendees include:Project Manager, Contractor Quality Control(CQC),Project Engineer/Pavement Engineer, CQCManager, CQC Assistants, CQC Testing Lab,Paving Superintendents and Paving Foreman. The following are the minimum agenda items: 1. Submittals and status of submittals 2. Material supply/availability issues 3. Asphalt plant and aggregate stockpile management 4. Asphalt paving requirements 5. Surface Preparation and Cleanliness 6. Tack Coat Application 7. Paving schedule 8. Laydown plan 9. Test section requirements 10. Contractor process control testing 11. Acceptance testing requirements 12. Monitoring of'CQCtesting MATERIALS 401-2.1 Aggregate. Aggregates shall consist of crushed stone, crushed gravel, crushed slag, screenings, natural sand, and mineral filler, as required. The aggregates should have no known history of detrimental pavement staining due to ferrous sulfides, such as pyrite. Coarse aggregate is the material retained on the No. 4 (4.75 mm) sieve. Fine aggregate is the material passing the No. 4 (4.75 mm) sieve. Some aggregates may contain ferrous sulfides and iron oxides which can cause stains on exposed concrete surfaces. In areas where staining has been a problem or is suspected, the Engineer should verify that producers and aggregate suppliers have taken steps to prevent the inclusion of any ferrous sulfides or iron oxides in aggregate to be used in the project. If there is a concern that these may exist, an indicator to identify staining particles is to immerse the aggregate in a lime slurry. If'staining particles are present, a blue-green gelatinous precipitate will form within five(5) to 10 minutes, rapidly changing to a brown color on exposure to air and light. The ASPHALT MIX PAVEMENT P-401-1 3867 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual reaction should be complete in 30 minutes. If no brown gelatinous precipitate forms, there is little chance of reaction in concrete. (Portland Concrete Association,Design and Control of Concrete Mixtures, 15th edition) a. Coarse aggregate. Coarse aggregate shall consist of sound,tough, durable particles, free from films of matter that would prevent thorough coating and bonding with the asphalt material and free from organic matter and other deleterious substances. Coarse aggregate material requirements are given in the table below. Coarse Aggregate Material Requirements Material Test Requirement Standard Resistance to Degradation Loss: 40%maximum ASTM C131 Soundness of Aggregates Loss after 5 cycles: ASTM C88 by Use of Sodium Sulfate or 12%maximum using Sodium sulfate-or- Magnesium Sulfate 18%maximum using magnesium sulfate Clay lumps and friable particles 1.0%maximum ASTM C142 Percentage of Fractured Particles For pavements designed for aircraft gross weights of 60,000 ASTM D5821 pounds(27200 kg)or more: Minimum 75%by weight of particles with at least two fractured faces and 85%with at least one fractured face' For pavements designed for aircraft gross weights less than 60,000 pounds(27200 kg): Minimum 50%by weight of particles with at least two fractured faces and 65%with at least one fractured face' Flat,Elongated,or Flat and 8%maximum,by weight,of flat,elongated,or flat and ASTM D4791 Elongated Particles elongated particles at 5:1 z Bulk density of slags Weigh not less than 70 pounds per cubic foot(L 12 ASTM C29. Mg/cubic meter The area of each face shall be equal to at least 75%of the smallest mid-sectional area of the piece.When two fractured faces are contiguous,the angle between the planes of fractures shall be at least 30 degrees to count as two fractured faces. A flat particle is one having a ratio of width to thickness greater than five(5),an elongated particle is one having a ratio of length to width greater than five(5). 3 Only required if slag is specified. b. Fine aggregate.Fine aggregate shall consist of clean, sound,tough, durable, angular shaped particles produced by crushing stone, slag, or gravel and shall be free from coatings of clay, silt, or other objectionable matter.Natural (non-manufactured) sand may be used to obtain the gradation of the fine aggregate blend or to improve the workability of the mix. Fine aggregate material requirements are listed in the table below. ASPHALT MIX PAVEMENT P-401-2 3868 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Fine Aggregate Material Requirements Material Test Requirement Standard Liquid limit 25 maximum ASTM D4318 Plasticity Index 4 maximum ASTM D4318 Soundness of Aggregates Loss after 5 cycles: ASTM C88 by Use of Sodium Sulfate or 10%maximum using Sodium sulfate -or- Magnesium Sulfate 15%maximum using magnesium sulfate Clay lumps and friable 0.3% maximum ASTM C142 particles Sand equivalent 45 minimum ASTM D2419 Natural Sand 15% maximum by weight of total aggregate ASTM D 1073 c. Sampling.ASTM D75 shall be used in sampling coarse and fine aggregate. 401-2.2 Mineral filler. Mineral filler(baghouse fines)may be added in addition to material naturally present in the aggregate. Mineral filler shall meet the requirements of ASTM D242. Mineral Filler Requirements Material Test Requirement Standard Plasticity Index 4 maximum ASTM D4318 401-2.3 Asphalt binder.Asphalt binder shall conform to ASTM D6373 Performance Grade (PG) 76-22 PMA as defined by the Florida Department of Transportation. Asphalt Binder PG Plus Test Requirements Material Test Requirement Standard Elastic Recovery 75% minimum ASTM D6084' ' Follow procedure B on RTFO aged binder. 401-2.4 Anti-stripping agent.Any anti-stripping agent or additive (anti-strip) shall be heat stable and shall not change the asphalt binder grade beyond specifications. Anti-strip shall be an approved material of the Department of Transportation of the State in which the project is located. COMPOSITION 401-3.1 Composition of mixture(s). The asphalt mix shall be composed of a mixture of aggregates,filler and anti-strip agent if required, and asphalt binder. The aggregate fractions shall be sized,handled in separate size groups, and combined in such proportions that the resulting mixture meets the grading requirements of the job mix formula(JMF). 401-3.2 Job mix formula (JMF) laboratory. The laboratory used to develop the JMF shall possess a current certificate of accreditation, listing D3666 from a national accrediting authority and all test methods required for developing the JMF; and be listed on the accrediting authority's website. A copy of ASPHALT MIX PAVEMENT P-401-3 3869 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual the laboratory's current accreditation and accredited test methods shall be submitted to the Resident Project Representative (RPR)prior to start of construction. 401-3.3 Job mix formula(JMF).No asphalt mixture shall be placed until an acceptable mix design has been submitted to the RPR for review and accepted in writing. The RPR's review shall not relieve the Contractor of the responsibility to select and proportion the materials to comply with this section. When the project requires asphalt mixtures of differing aggregate gradations and/or binders, a separate JMF shall be submitted for each mix. Add anti-stripping agent to meet tensile strength requirements. The JMF shall be prepared by an accredited laboratory that meets the requirements of paragraph 401-3.2. The asphalt mixture shall be designed using procedures contained in Asphalt Institute MS-2 Mix Design Manual, 7th Edition.Samples shall be prepared and compacted using the gyratory compactor in accordance with ASTMD6925. Should a change in sources of materials be made, a new JMF must be submitted to the RPR for review and accepted in writing before the new material is used. After the initial production JMF has been approved by the RPR and a new or modified JMF is required for whatever reason,the subsequent cost of the new or modified JMF, including a new control strip when required by the RPR,will be borne by the Contractor. The RPR may request samples at any time for testing,prior to and during production,to verify the quality of the materials and to ensure conformance with the applicable specifications. The JMF shall be submitted in writing by the Contractor at least 30 days prior to the start of paving operations. The JMF shall be developed within the same construction season using aggregates proposed for project use. The JMF shall be dated, and stamped or sealed by the responsible professional Engineer of the laboratory and shall include the following items as a minimum: • Manufacturer's Certificate of Analysis (COA)for the asphalt binder used in the JMF in accordance with paragraph 401-2.3. Certificate of asphalt performance grade is with modifier already added, if used and must indicate compliance with ASTM D6373. For plant modified asphalt binder,certified test report indicating grade certification of modified asphalt binder. • Manufacturer's Certificate of Analysis (COA)for the anti-stripping agent if used in the JMF in accordance with paragraph 401-2.4. • Certified material test reports for the course and fine aggregate and mineral filler in accordance with paragraphs 401-2.1. • Percent passing each sieve size for individual gradation of each aggregate cold feed and/or hot bin;percent by weight of each cold feed and/or hot bin used; and the total combined gradation in the JMF. • Specific Gravity and absorption of each coarse and fine aggregate. • Percent natural sand. • Percent fractured faces. • Percent by weight of flat particles, elongated particles,and flat and elongated particles (and criteria). • Percent of asphalt. • Number of blamer gyrations ASPHALT MIX PAVEMENT P-401-4 3870 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual • Laboratory mixing and compaction temperatures. • Supplier-recommended field mixing and compaction temperatures. • Plot of the combined gradation on a 0.45 power gradation curve. • Graphical plots of air voids,voids in the mineral aggregate (VMA), and unit weight versus asphalt content. To achieve minimum VMA during production,the mix design needs to account for material breakdown during production. • Tensile Strength Ratio (TSR). • Type and amount of Anti-strip agent when used. • Asphalt Pavement Analyzer(APA)results. • Date the JMF was developed. Mix designs that are not dated or which are from a prior construction season shall not be accepted. Table 1.Asphalt Design Criteria Test Property Value Test Method Number of blows or gyrations 75 Air voids (%) 3.5 ASTM D3203 Percent voids in mineral ASTM D6995 aggregate (VMA),minimum See Table 2 Tensile Strength Ratio (TSR)' not less than 80 at a saturation of ASTM D4867 70-80% Asphalt Pavement Analyzer AASHTO T340 at 250 psi hose (APA)2,3 Less than 10 mm �4000 passes pressure at 64°C test temperature ' Test specimens for TSR shall be compacted at 7 f 1.0% air voids. In areas subject to freeze-thaw,use freeze-thaw conditioning in lieu of moisture conditioning per ASTM D4867 2 AASHTO T340 at 100 psi hose pressure at 640C test temperature may be used in the interim. If this method is used the required Value shall be less than 5 mm(i�8000 passes 3 Where APA not available,use Hamburg Wheel test(AASHTO T-324) l0mm(i�20,000 passes at 50°C. The mineral aggregate shall be of such size that the percentage composition by weight, as determined by laboratory sieves,will conform to the gradation or gradations specified in Table 2 when tested in accordance with ASTM C 13 6 and ASTM C117. The gradations in Table 2 represent the limits that shall determine the suitability of aggregate for use from the sources of supply; be well graded from coarse to fine and shall not vary from the low limit on one sieve to the high limit on the adjacent sieve, or vice versa. ASPHALT MIX PAVEMENT P-401-5 3871 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Table 2.Aggregate-Asphalt Pavements Sieve Size Percentage by Weight Passing Sieve 1 inch(25.0 mm) -- 3/4 inch(19.0 mm) 100 1/2 inch(12.5 mm) 90-100 3/8 inch(9.5 mm) 72-88 No. 4 (4.75 mm) 53-73 No. 8 (2.36 mm) 38-60 No. 16 (1.18 mm) 26-48 No. 30 (600 µm) 18-38 No. 50 (300 µm) 11-27 No. 100 (150 µm) 6-18 No. 200 (75 µm) 3-6 Minimum Voids in Mineral Aggregate (VMA)' 15.0 Asphalt Percent: Stone or gravel 5.0-7.5 Slag 6.5-9.5 Recommended Minimum Construction Lift Thickness 2 inch 'To achieve minimum VMA during production,the mix design needs to account for material breakdown during production. The aggregate gradations shown are based on aggregates of uniform specific gravity. The percentages passing the various sieves shall be corrected when aggregates of varying specific gravities are used, as indicated in the Asphalt Institute MS-2 Mix Design Manual, 7th Edition. 401-3.4 Reclaimed asphalt pavement (RAP).RAP shall not be used 401-3.5 Control Strip.A control strip is not required CONSTRUCTION METHODS 401-4.1 Weather limitations. The asphalt shall not be placed upon a wet surface or when the surface temperature of the underlying course is less than specified in Table 4. The temperature requirements may be waived by the RPR,if requested;however, all other requirements including compaction shall be met. ASPHALT MIX PAVEMENT P-401-6 3872 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Table 4. Surface Temperature Limitations of Underlying Course Base Temperature(Minimum) Mat Thickness ®F °C 3 inches (7.5 cm) or greater 40 ' 4 Greater than 2 inches (50 mm) 45 7 but less than 3 inches (7.5 cm) 401-4.2 Asphalt plant. Plants used for the preparation of asphalt shall conform to the requirements of American Association of State Highway and Transportation Officials (AASHTO) M156 including the following items. a. Inspection of plant. The RPR, or RPR's authorized representative, shall have access, at all times, to all areas of the plant for checking adequacy of equipment; inspecting operation of the plant: verifying weights,proportions, and material properties; and checking the temperatures maintained in the preparation of the mixtures. b. Storage bins and surge bins. The asphalt mixture stored in storage and/or surge bins shall meet the same requirements as asphalt mixture loaded directly into trucks. Asphalt mixture shall not be stored in storage and/or surge bins for a period greater than twelve (12)hours. If the RPR determines there is an excessive heat loss, segregation, or oxidation of the asphalt mixture due to temporary storage,temporary storage shall not be allowed. 401-4.3 Aggregate stockpile management.Aggregate stockpiles shall be constructed in a manner that prevents segregation and intermixing of deleterious materials. Aggregates from different sources shall be stockpiled,weighed and batched separately at the asphalt batch plant. Aggregates that have become segregated or mixed with earth or foreign material shall not be used. A continuous supply of materials shall be provided to the work to ensure continuous placement. 401-4.4 Hauling equipment. Trucks used for hauling asphalt shall have tight, clean, and smooth metal beds. To prevent the asphalt from sticking to the truck beds,the truck beds shall be lightly coated with a minimum amount of paraffin oil, lime solution,or other material approved by the RPR. Petroleum products shall not be used for coating truck beds. Each truck shall have a suitable cover to protect the mixture from adverse weather.When necessary,to ensure that the mixture will be delivered to the site at the specified temperature,truck beds shall be insulated or heated and covers shall be securely fastened. 401-4.4.1 Material transfer vehicle (MTV). Material transfer vehicles used to transfer the material from the hauling equipment to the paver, shall use a self-propelled, material transfer vehicle with a swing conveyor that can deliver material to the paver without making contact with the paver. The MTV shall be able to move back and forth between the hauling equipment and the paver providing material transfer to the paver, while allowing the paver to operate at a constant speed The Material Transfer Vehicle will have remixing and storage capability to prevent physical and thermal segregation. 401-4.5 Asphalt pavers.Asphalt pavers shall be self-propelled with an activated heated screed, capable of spreading and finishing courses of asphalt that will meet the specified thickness, smoothness, and grade. The paver shall have sufficient power to propel itself and the hauling equipment without adversely affecting the finished surface. The asphalt paver shall be equipped with a control system capable of automatically maintaining the specified screed grade and elevation. The auger screw shall be extended to within 10 inches of the end of the screed to minimize both aggregate and temperature related segregation along the outside sections of'a paving lane. ASPHALT MIX PAVEMENT P-401-7 3873 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual A standby auxiliary backuppaver shall be at the site during all nighttimepaving operations or during other critical periods. Standby paver shall be fully equipped with the appropriate automatic grade control system, switched on and heated If the spreading and finishing equipment in use leaves tracks or indented areas, or produces other blemishes in the pavement that are not satisfactorily corrected by the scheduled operations,the use of such equipment shall be discontinued. The paver shall be capable of paving to a minimum width specified in paragraph 401-4.12. 401-4.6 Rollers.The number,type, and weight of rollers shall be sufficient to compact the asphalt to the required density while it is still in a workable condition without crushing of the aggregate, depressions or other damage to the pavement surface. Rollers shall be in good condition,clean, and capable of operating at slow speeds to avoid displacement of the asphalt. All rollers shall be specifically designed and suitable for compacting asphalt concrete and shall be properly used. Rollers that impair the stability of any layer of a pavement structure or underlying soils shall not be used. The Contractor shall provide a backup roller for each type used during placement and compaction during a normal shift's production on any given night. 401-4.7 Density device. The Contractor shall have on site a density gauge during all paving operations in order to assist in the determination of the optimum rolling pattern,type of roller and frequencies, as well as to monitor the effect of the rolling operations during production paving. The Contractor shall supply a qualified technician during all paving operations to calibrate the gauge and obtain accurate density readings for all new asphalt. These densities shall be supplied to the RPR upon request at any time during construction.No separate payment will be made for supplying the density gauge and technician. 401-4.8 Preparation of asphalt binder. The asphalt binder shall be heated in a manner that will avoid local overheating and provide a continuous supply of the asphalt binder to the mixer at a uniform temperature. The temperature of unmodified asphalt binder delivered to the mixer shall be sufficient to provide a suitable viscosity for adequate coating of the aggregate particles,but shall not exceed 325°F (160°C)when added to the aggregate. The temperature of modified asphalt binder shall be no more than 350°F (175°C)when added to the aggregate. 401-4.9 Preparation of mineral aggregate. The aggregate for the asphalt shall be heated and dried. The maximum temperature and rate of heating shall be such that no damage occurs to the aggregates. The temperature of the aggregate and mineral filler shall not exceed 350°F (175°C)when the asphalt binder is added. Particular care shall be taken that aggregates high in calcium or magnesium content are not damaged by overheating. The temperature shall not be lower than is required to obtain complete coating and uniform distribution on the aggregate particles and to provide a mixture of satisfactory workability. 401-4.10 Preparation of Asphalt mixture. The aggregates and the asphalt binder shall be weighed or metered and mixed in the amount specified by the JMF. The combined materials shall be mixed until the aggregate obtains a uniform coating of asphalt binder and is thoroughly distributed throughout the mixture.Wet mixing time shall be the shortest time that will produce a satisfactory mixture,but not less than 25 seconds for batch plants. The wet mixing time for all plants shall be established by the Contractor, based on the procedure for determining the percentage of coated particles described in ASTM D2489, for each individual plant and for each type of aggregate used. The wet mixing time will be set to achieve 95% of coated particles. For continuous mix plants,the minimum mixing time shall be determined by dividing the weight of its contents at operating level by the weight of the mixture delivered per second by the mixer. The moisture content of all asphalt upon discharge shall not exceed 0.5%. 401-4.11 Application of Prime and Tack Coat. Immediately before placing the asphalt mixture,the underlying course shall be cleaned of all dust and debris. The surface must be approved by the RPR prior to the application of'any prime or tack coat. ASPHALT MIX PAVEMENT P-401-8 3874 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual A tack coat shall be applied in accordance with Item P-603 to all vertical and horizontal asphalt and concrete surfaces prior to placement of the first and each subsequent lift of asphalt mixture. 401-4.12 Laydown plan,transporting,placing, and finishing. Prior to the placement of the asphalt,the Contractor shall prepare a laydown plan with the sequence of paving lanes and width to minimize the number of cold joints;the location of any temporary ramps; laydown temperature; and estimated time of completion for each portion of the work(milling,paving,rolling, cooling,etc.). The laydown plan and any modifications shall be approved by the RPR. Deliveries shall be scheduled so that placing and compacting of asphalt is uniform with minimum stopping and starting of the paver. Hauling over freshly placed material shall not be permitted until the material has been compacted, as specified, and allowed to cool to approximately ambient temperature. The Contractor, at their expense, shall be responsible for repair of any damage to the pavement caused by hauling operations. Contractor shall survey each lift of asphalt surface course and certify to RPR that every lot of each lift meets the grade tolerances of paragraph 401-6.2d before the next lift can be placed. Edges of existing asphalt pavement abutting the new work shall be saw cut and the cut off material and laitance removed. Apply a tack coat in accordance with P-603 before new asphalt material is placed against it. The speed of the paver shall be regulated to eliminate pulling and tearing of the asphalt mat. Placement of the asphalt mix shall begin along the centerline of a crowned section or on the high side of areas with a one way slope unless shown otherwise on the laydown plan as accepted by the RPR. The asphalt mix shall be placed in consecutive adjacent lanes having a minimum width of I Z 5 feet(m) except where edge lanes require less width to complete the area. Additional screed sections attached to widen the paver to meet the minimum lane width requirements must include additional auger sections to move the asphalt mixture uniformly along the screed extension. The paving plan shall review the timing of placement to assure hot longitudinal paving joints across the area or proposed phase and provide temporary ramps for aircraft operation (as required). The proposed minimum lift thickness shall be 2.0 inches and the maximum shall be 3.5 inches for any layer unless otherwise approved by the RPR. The paving plan shall be submitted 14 days prior to the beginning of production. The Contractor must identify the proposed locations of the temporary transitions on the paving plan. The paving plans must show hot longitudinal joints the full width of paving. The initial HMA lift shall be placed in consecutive adjacent strips having a minimum width of 15 feet except where edge lanes require less width to complete the area. The final HMA lift shall be placed in consecutive adjacent strips having a width of I Z5 feet with the exception of the outside lanes. The longitudinal joint in one course shall offset the longitudinal joint in the course immediately below by at least one foot(30 cm);however,the joint in the surface top course shall be at the centerline of crowned pavements. Transverse joints in one course shall be offset by at least 10 feet(3 m) from transverse joints in the previous course. Transverse joints in adjacent lanes shall be offset a minimum of 10 feet(3 m).On areas where irregularities or unavoidable obstacles make the use of mechanical spreading and finishing equipment impractical,the asphalt may be spread and luted by hand tools. The RPR may at any time, reject any batch of asphalt,on the truck or placed in the mat,which is rendered unfit for use due to contamination, segregation, incomplete coating of aggregate, or overheated asphalt mixture. Such rejection may be based on only visual inspection or temperature measurements. In the event of such rejection,the Contractor may take a representative sample of the rejected material in the ASPHALT MIX PAVEMENT P-401-9 3875 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual presence of the RPR, and if it can be demonstrated in the laboratory,in the presence of the RPR,that such material was erroneously rejected,payment will be made for the material at the contract unit price. Areas of segregation in the surface course, as determined by the RPR, shall be removed and replaced at the Contractor's expense. The area shall be removed by saw cutting and milling a minimum of the construction lift thickness as specified in paragraph 401-3.3, Table 2 for the approved mix design. The area to be removed and replaced shall be a minimum width of the paver and a minimum of 10 feet(3 m) long. Prior to the end of each nightly paving shift, the Contractor must construct temporary transitions as shown in the Contract Documents. The transitions must be 15 feet for every I inch of grade change between the existing and proposed surfaces. The Contractor must identify the proposed locations of the temporary transitions on the paving plan. If the Contractor places any out of specification mix in the project work area, the Contractor is required to remove it at its own expense, to the satisfaction of'the Engineer. If'the Contractor has to continue placing non-payment HMA, as directed by the Engineer, to make the surfaces safe for aircraft operations, the Contractor shall do so to the satisfaction of the Engineer. It is the Contractor's responsibility to leave the facilities to be paved in a safe condition ready for aircraft operations. No consideration for extended closure time of the area being paved will be given.As a first order of'work for the next paving shift,the Contractor shall remove all out of specification material and replace with approved material to the satisfaction of the Engineer. When the above situations occur, there will be no consideration given for additional construction time or payment for extra costs. 401-4.13 Compaction of asphalt mixture.After placing,the asphalt mixture shall be thoroughly and uniformly compacted by self-propelled rollers. The surface shall be compacted as soon as possible when the asphalt has attained sufficient stability so that the rolling does not cause undue displacement, cracking or shoving. The sequence of rolling operations and the type of rollers used shall be at the discretion of the Contractor. The speed of the roller shall, at all times,be sufficiently slow to avoid displacement of the hot mixture and be effective in compaction.Any surface defects and/or displacement occurring as a result of the roller, or from any other cause, shall be corrected at the Contractor's expense. Sufficient rollers shall be furnished to handle the output of the plant. Rolling shall continue until the surface is of uniform texture,true to grade and cross-section, and the required field density is obtained. To prevent adhesion of the asphalt to the roller,the wheels shall be equipped with a scraper and kept moistened with water as necessary. In areas not accessible to the roller,the mixture shall be thoroughly compacted with approved power tampers. Any asphalt that becomes loose and broken,mixed with dirt, contains check-cracking, or in any way defective shall be removed and replaced with fresh hot mixture and immediately compacted to conform to the surrounding area. This work shall be done at the Contractor's expense. Skin patching shall not be allowed. 401-4.14 Joints. The formation of all joints shall be made to ensure a continuous bond between the courses and obtain the required density. All joints shall have the same texture as other sections of the course and meet the requirements for smoothness and grade. The roller shall not pass over the unprotected end of the freshly laid asphalt except when necessary to form a transverse joint.When necessary to form a transverse joint, it shall be made by means of placing a bulkhead or by tapering the course. The tapered edge shall be cut back to its full depth and width on a straight line to expose a vertical face prior to placing the adjacent lane. In both methods, all contact surfaces shall be coated with an asphalt tack coat before placing any fresh asphalt against the joint. ASPHALT MIX PAVEMENT P-401-10 3876 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Longitudinal joints which have been left exposed for more than four(4)hours;the surface temperature has cooled to less than 175°F (80°C); or are irregular, damaged,uncompacted or otherwise defective shall be cut back with a cutting wheel or pavement saw a maximum of 3 inches (75 mm)to expose a clean, sound,uniform vertical surface for the full depth of the course. All cutback material and any laitance produced from cutting joints shall be removed from the project. Asphalt tack coat in accordance with P- 603 shall be applied to the clean, dry joint prior to placing any additional fresh asphalt against the joint. The cost of this work shall be considered incidental to the cost of the asphalt. Cut back of all cold joints is required as specified above. The Contractor may provide additional joint density QC by use of joint heaters at the Contractor's expense. Electrically powered infrared heating equipment should consist of one or more low- level radiant energy heaters to uniformly heat and soften the pavement joints. The heaters should be configured to uniformly heat an area up to 18 inches (0.5 m)in width and 3 inches (75 mm)in depth. Infrared equipment shall be thermostatically controlled to provide a uniform, consistent temperature increase throughout the layer being heated up to a maximum temperature range of 200 to 300OF (93 to 1500C). Propane powered infrared heating equipment shall be attached to the paving machine and the output of infrared energy shall be in the one to six-micron range. Converters shall be arranged end to end directly over the j oint to be heated in sufficient numbers to continuously produce, when in operation,a minimum of 240,000 BTU per hour. The j oint heater shall be positioned not more than one inch (25 mm) above the pavement to be heated and in front of the paver screed and shall be fully adjustable. Heaters will be required to be in operation at all times. The heaters shall be operated so they do not produce excessive heat when the units pass over new or previously paved material. 401-4.15 Saw-cut grooving. Saw-cut grooves shall be provided as specified in Item P-621. 401-4.16 Diamond grinding. Diamond grinding shall be completed prior to pavement grooving. Diamond grinding shall be accomplished by sawing with saw blades impregnated with industrial diamond abrasive. Diamond grinding shall be performed with a machine designed specifically for diamond grinding capable of cutting a path at least 3 feet(0.9 m)wide. The saw blades shall be 1/8-inch(3-mm)wide with a sufficient number of blades to create grooves between 0.090 and 0.130 inches (2 and 3.5 mm)wide; and peaks and ridges approximately 1/32 inch(1 mm)higher than the bottom of the grinding cut. The actual number of blades will be determined by the Contractor and depend on the hardness of the aggregate. Equipment or grinding procedures that cause ravels, aggregate fractures, spalls or disturbance to the pavement will not be permitted. Contractor shall demonstrate to the RPR that the grinding equipment will produce satisfactory results prior to making corrections to surfaces. Grinding will be tapered in all directions to provide smooth transitions to areas not requiring grinding. The slurry resulting from the grinding operation shall be continuously removed and the pavement left in a clean condition. The Contractor shall apply a surface treatment per P-608 to all areas that have been subject to grinding. 401-4.17 Nighttime paving requirements. The Contractor shall provide adequate lighting during any nighttime construction. A lighting plan shall be submitted by the Contractor and approved by the RPR prior to the start of any nighttime work. All work shall be in accordance with the approved CSPP and lighting plan. ASPHALT MIX PAVEMENT P-401-11 3877 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual CONTRACTOR QUALITY CONTROL (CQC) 401-5.1 General. The Contractor shall develop a Contractor Quality Control Program(CQCP) in accordance with Item C-100. No partial payment will be made for materials without an approved CQCP. 401-5.2 Contractor quality control (QC) facilities. The Contractor shall provide or contract for testing facilities in accordance with Item C-100. The RPR shall be permitted unrestricted access to inspect the Contractor's QC facilities and witness QC activities. The RPR will advise the Contractor in writing of any noted deficiencies concerning the QCfacility, equipment, supplies, or testing personnel and procedures. When the deficiencies are serious enough to be adversely affecting the test results, the incorporation of the materials into the work shall be suspended immediately and will not be permitted to resume until the deficiencies are satisfactorily corrected 401-5.3 Contractor QC testing. The Contractor shall perform all QC tests necessary to control the production and construction processes applicable to these specifications and as set forth in the approved CQCP. The testing program shall include, but not necessarily be limited to, tests for the control of asphalt content, aggregate gradation, temperatures, aggregate moisture,field compaction, and surface smoothness.A QC Testing Plan shall be developed as part of the CQCP. a.Asphalt content.A minimum of two tests shall be performed per day in accordance with ASTM D6307 or ASTM D2172 for determination of asphalt content. When using ASTM D6307,the correction factor shall be determined as part of the first test performed at the beginning of plant production; and as part of every tenth test performed thereafter. The asphalt content for the day will be determined by averaging the test results. b. Gradation.Aggregate gradations shall be determined a minimum of twice per day from mechanical analysis of extracted aggregate in accordance with ASTM D5444,ASTM C136, and ASTM C117. c. Moisture content of aggregate. The moisture content of aggregate used for production shall be determined a minimum of once per day in accordance with ASTM C566. d. Moisture content of asphalt. The moisture content shall be determined once per day in accordance with AASHTO T329 or ASTM D 1461. e. Temperatures. Temperatures shall be checked,at least four times per day, at necessary locations to determine the temperatures of the dryer,the asphalt binder in the storage tank,the asphalt at the plant, and the asphalt at the j ob site. f. In-place density monitoring. The Contractor shall conduct any necessary testing to ensure that the specified density is being achieved. A nuclear gauge may be used to monitor the pavement density in accordance with ASTM D2950. g. Smoothness for Contractor Quality Control. The Contractor shall perform smoothness testing in transverse and longitudinal directions daily to verify that the construction processes are producing pavement with variances less than 1/4 inch in 12 feet, identifying areas that may pond water which could lead to hydroplaning of aircraft. If the smoothness criteria is not met, appropriate changes and corrections to the construction process shall be made by the Contractor before construction continues. The Contractor may use a 12-foot(3.7 m) "straightedge, a rolling inclinometer meeting the requirements of ASTM E2133 or rolling external reference device that can simulate a 12-foot(3.7m) straightedge approved by the RPR. Straight-edge testing shall start with one-half the length of the straightedge at the edge of pavement section being tested and then moved ahead one-half the length of the ASPHALT MIX PAVEMENT P-401-12 3878 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual straightedge for each successive measurement. Testing shall be continuous across all joints. The surface irregularity shall be determined by placing the freestanding (unleveled) straightedge on the pavement surface and allowing it to rest upon the two highest spots covered by its length, and measuring the maximum gap between the straightedge and the pavement surface in the area between the two high points. If the rolling inclinometer or external reference device is used,the data may be evaluated using either the FAA profile program, ProFAA, or FHWA ProVal,using the 12-foot straightedge simulation function. Smoothness readings shall not be made across grade changes or cross slope transitions. The transition between new and existing pavement shall be evaluated separately for conformance with the plans. (1) Transverse measurements. Transverse measurements shall be taken for each day's production placed. Transverse measurements shall be taken perpendicular to the pavement centerline each 50 feet(15 m)or more often as determined by the RPR. The joint between lanes shall be tested separately to facilitate smoothness between lanes. (2) Longitudinal measurements. Longitudinal measurements shall be taken for each day's production placed. Longitudinal tests shall be parallel to the centerline of paving; at the center of paving lanes when widths of paving lanes are less than 20 feet(6 m); and at the third points of paving lanes when widths of paving lanes are 20 ft(6 m)or greater. When placement abuts previously placed material the first measurement shall start with one half the length of the straight edge on the previously placed material. Deviations on the final surface course in either the transverse or longitudinal direction that will trap water greater than 1/4 inch(6 mm) shall be corrected with diamond grinding per paragraph 401-4.16 or by removing and replacing the surface course to full depth. Grinding shall be tapered in all directions to provide smooth transitions to areas not requiring grinding. All areas in which diamond grinding has been performed shall be subject to the final pavement thickness tolerances specified in paragraph 401- 6.ld(3). Areas that have been ground shall be sealed with a surface treatment in accordance with Item P- 608. To avoid the surface treatment creating any conflict with runway or taxiway markings,it may be necessary to seal a larger area. Control charts shall be kept to show area of each day's placement and the percentage of corrective grinding required. Corrections to production and placement shall be initiated when corrective grinding is required. If the Contractor's machines and/or methods produce significant areas that need corrective actions in excess of 10 percent of a day's production,production shall be stopped until corrective measures are implemented by the Contractor. h. Grade. Grade shall be evaluated daily to allow adjustments to paving operations when grade measurements do not meet specifications. As a minimum,grade shall be evaluated prior to and after the placement of the first lift and after placement of the surface lift. Measurements will be taken at appropriate gradelines (as a minimum at center and edges of paving lane) and longitudinal spacing as shown on cross-sections and plans. The final surface of the pavement will not vary from the gradeline elevations and cross-sections shown on the plans by more than 1/2 inch (12 mm)vertically and 0.1 feet(30 mm) laterally. The documentation will be provided by the Contractor to the RPR within 24 hours. Areas with humps or depressions that exceed grade or smoothness criteria and that retain water on the surface must be ground off provided the course thickness after grinding is not more than 1/2 inch (12 mm) less than the thickness specified on the plans. Grinding shall be in accordance with paragraph 401-4.16. ASPHALT MIX PAVEMENT P-401-13 3879 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual The Contractor shall repair low areas or areas that cannot be corrected by grinding by removal of deficient areas to the depth of the final course plus '/2 inch and replacing with new material. Skin patching is not allowed. 401-5.4 Sampling.When directed by the RPR,the Contractor shall sample and test any material that appears inconsistent with similar material being sampled,unless such material is voluntarily removed and replaced or deficiencies corrected by the Contractor. All sampling shall be in accordance with standard procedures specified. 401-5.5 Control charts. The Contractor shall maintain linear control charts for both individual measurements and range (i.e. difference between highest and lowest measurements) for aggregate gradation, asphalt content, and VMA. The VMA for each day will be calculated and monitored by the QC laboratory. Control charts shall be posted in a location satisfactory to the RPR and kept current. As a minimum,the control charts shall identify the project number,the contract item number,the test number, each test parameter,the Action and Suspension Limits applicable to each test parameter,and the Contractor's test results. The Contractor shall use the control charts as part of a process control system for identifying potential problems and assignable causes before they occur. If the Contractor's projected data during production indicates a problem and the Contractor is not taking satisfactory corrective action,the RPR may suspend production or acceptance of the material. a. Individual measurements. Control charts for individual measurements shall be established to maintain process control within tolerance for aggregate gradation, asphalt content,and VMA. The control charts shall use the job mix formula target values as indicators of central tendency for the following test parameters with associated Action and Suspension Limits: Control Chart Limits for Individual Measurements Sieve Action Limit Suspension Limit 3/4 inch(19.0 mm) f6% f9% 1/2 inch(12.5 mm) f6% f9% 3/8 inch(9.5 mm) f6% f9% No. 4 (4.75 mm) f6% f9% No. 16 (1.18 mm) f5% f7.5% No. 50 (300 µm) f3% f4.5% No. 200 (75 µm) f2% f3% Asphalt Content ±0.45% ±0.70% Minimum VMA -0.5% -1.0% b. Range. Control charts shall be established to control gradation process variability. The range shall be plotted as the difference between the two test results for each control parameter. The Suspension Limits specified below are based on a sample size of n=2. Should the Contractor elect to perform more than two tests per lot,the Suspension Limits shall be adjusted by multiplying the Suspension Limit by 1.18 for n=3 and by 1.27 for n=4. ASPHALT MIX PAVEMENT P-401-14 3880 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Control Chart Limits Based on Range Sieve Suspension Limit 1/2 inch(12.5 mm) 11% 3/8 inch(9.5 mm) 11% No. 4 (4.75 mm) 11% No. 16 (1.18 mm) 9% No. 50 (300 µm) 6% No. 200 (75 µm) 3.5% Asphalt Content 0.8% c. Corrective Action. The CQCP shall indicate that appropriate action shall be taken when the process is believed to be out of tolerance. The Plan shall contain rules to gauge when a process is out of control and detail what action will be taken to bring the process into control. As a minimum, a process shall be deemed out of control and production stopped and corrective action taken,if (1) One point falls outside the Suspension Limit line for individual measurements or range; or (2) Two points in a row fall outside the Action Limit line for individual measurements. 401-5.6 QC reports. The Contractor shall maintain records and shall submit reports of QC activities daily, in accordance with Item C-100. MATERIAL ACCEPTANCE 401-6.1 Acceptance sampling and testing.Unless otherwise specified, all acceptance sampling and testing necessary to determine conformance with the requirements specified in this section will be performed by the RPR at no cost to the Contractor except that coring as required in this section shall be completed and paid for by the Contractor. a. Quality assurance (QA)testing laboratory. The QA testing laboratory performing these acceptance tests will be accredited in accordance with ASTM D3666. The QA laboratory accreditation will be current and listed on the accrediting authority's website. All test methods required for acceptance sampling and testing will be listed on the lab accreditation. b. Lot size. A standard lot will be equal to one night's production divided into a minimum of 3 sublots. between 4 00 te 600 tens. When enly ene ef twe sublets afe pfedueed in a day's pfeduetien,the sublets will be eeffibined with the pfeduetien let ffeffi the day. Where more than one plant is simultaneously producing asphalt for the job,the lot sizes will apply separately for each plant. c.Asphalt air voids. Plant-produced asphalt will be tested for air voids on a sublot basis. (1) Sampling. Material from each sublot shall be sampled in accordance with ASTM D3665. Samples shall be taken from material deposited into trucks at the plant or at the job site in accordance with ASTM D979. The sample of asphalt may be put in a covered metal tin and placed in an oven for not less than 30 minutes nor more than 60 minutes unless absorptive aggregates are identified with the mix ASPHALT MIX PAVEMENT P-401-15 3881 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual design and the hold times shall be not less than 60 minutes and not more than 90 minutes to maintain the material at or above the compaction temperature as specified in the JMF. (2) Testing. Air voids will be determined for each sublot in accordance with ASTM D3203 for a set of compacted specimens prepared in accordance with ASTMD6925. d. In-place asphalt mat and joint density. Each sublot will be tested for in-place mat and joint density as a percentage of the theoretical maximum density(TMD). (1) Sampling. The Contractor will cut minimum 5 inch(125 mm) diameter samples in accordance with ASTM D5361. The Contractor shall furnish all tools, labor, and materials for cleaning, and filling the cored pavement. Laitance produced by the coring operation shall be removed immediately after coring, and core holes shall be filled within one day after sampling in a manner acceptable to the RPR. (2) Bond. Each lift of asphalt shall be bonded to the underlying layer. If cores reveal that the surface is not bonded, additional cores shall be taken as directed by the RPR to determine the extent of unbonded areas. Unbonded areas shall be removed by milling and replaced at no additional cost as directed by the RPR. (3) Thickness. Thickness of each lift of surface course will be evaluated by the RPR for compliance to the requirements shown on the plans after any necessary corrections for grade. Measurements of thickness will be made using the cores extracted for each sublot for density measurement. The maximum allowable deficiency at any point will not be more than 1/4 inch(6 mm)less than the thickness indicated for the lift.Average thickness of lift, or combined lifts,will not be less than the indicated thickness.Where the thickness tolerances are not met,the lot or sublot shall be corrected by the Contractor at his expense by removing the deficient area and replacing with new pavement. The Contractor, at his expense,may take additional cores as approved by the RPR to circumscribe the deficient area. (4)Mat density. One core shall be taken from each sublot. Core locations will be determined by the RPR in accordance with ASTM D3665. Cores for mat density shall not be taken closer than one foot (30 cm)from a transverse or longitudinal joint. The bulk specific gravity of each cored sample will be determined in accordance with ASTM D2726. The percent compaction(density)of each sample will be determined by dividing the bulk specific gravity of each sublot sample by the TMD for that sublot. (5) Joint density. One core centered over the longitudinal joint shall be taken for each sublot that has a longitudinal joint. Core locations will be determined by the RPR in accordance with ASTM D3665. The bulk specific gravity of each core sample will be determined in accordance with ASTM D2726. The percent compaction(density) of each sample will be determined by dividing the bulk specific gravity of each joint density sample by the average TMD for the lot. The TMD used to determine the joint density at joints formed between lots will be the lower of the average TMD values from the adjacent lots. 401-6.2 Acceptance criteria. a. General.Acceptance will be based on the implementation of the Contractor Quality Control Program (CQCP) and the following characteristics of the asphalt and completed pavements: air voids, mat density,joint density, and grade. b.Air Voids and Mat density. Acceptance of each lot of plant produced material for mat density and air voids will be based on the percentage of material within specification limits (PWL). If the PWL of the lot equals or exceeds 90%,the lot will be acceptable. Acceptance and payment will be determined in accordance with paragraph 401-8.1. c. Joint density. Acceptance of each lot of plant produced asphalt for joint density will be based on the PWL. If the PWL of the lot is equal to or exceeds 90%,the lot will be considered acceptable. If the ASPHALT MIX PAVEMENT P-401-16 3882 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual PWL is less than 90%,the Contractor shall evaluate the reason and act accordingly. If the PWL is less than 80%,the Contractor shall cease operations and until the reason for poor compaction has been determined. If the PWL is less than 71%,the pay factor for the lot used to complete the joint will be reduced by five (5)percentage points. This lot pay factor reduction will be incorporated and evaluated in accordance with paragraph 401-8.1. d. Grade. The final finished surface of the pavement shall be surveyed to verify that the grade elevations and cross-sections shown on the plans do not deviate more than 1/2 inch(12 mm)vertically or 0.1 feet(30 nun) laterally. Cross-sections of the pavement shall be taken at a minimum 50 foot(15-m) longitudinal spacing, at all longitudinal grade breaks, and at start and end of each lane placed. Minimum cross-section grade points shall include grade at centerline, f 10 feet of centerline, and edge of runway pavement. The survey and documentation shall be stamped and signed by a licensed surveyor. Payment for sublots that do not meet grade for over 25%of the sublot shall not be more than 95%. e. Profilograph roughness for QA Acceptance. Not used 401-6.3 Percentage of material within specification limits (PWL). The PWL will be determined in accordance with procedures specified in Item C-110. The specification tolerance limits (L)for lower and (U) for upper are contained in Table 5. Table 5.Acceptance Limits for Air Voids and Density Test Property Pavements Specification Tolerance Limits L U Air Voids Total Mix (%) 2.0 5.0 Surface Course Mat Density(%) 92.8 - Base Course Mat Density(%) 92.0 - Joint density(%) 90.5 -- a. Outliers.All individual tests for mat density and air voids will be checked for outliers (test criterion) in accordance with ASTM E178, at a significance level of 5%. Outliers will be discarded, and the PWL will be determined using the remaining test values. The criteria in Table 5 is based on production processes which have a variability with the following standard deviations: Surface Course Mat Density(%), 1.30; Base Course Mat Density(%), 1.55; Joint Density(%), 1.55. The Contractor should note that(1) 90 PWL is achieved when consistently producing a surface course with an average mat density of at least 94.5%with 1.30%or less variability, (2) 90 PWL is achieved when consistently producing a base course with an average mat density of at least 94.0%with 1.55%or less variability, and(3) 90 PWL is achieved when consistently producing joints with an average joint density of at least 92.5%with 1.55%or less variability. 401-6.4 Resampling pavement for mat density. a. General. Resampling of a lot of pavement will only be allowed for mat density,and then, only if the Contractor requests same, in writing,within 48 hours after receiving the written test results from the RPR. A retest will consist of all the sampling and testing procedures contained in paragraphs 401-6.1d and 401-6.2b. Only one resampling per lot will be permitted. ASPHALT MIX PAVEMENT P-401-17 3883 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual (1)A redefined PWL will be calculated for the resampled lot. The number of tests used to calculate the redefined PWL will include the initial tests made for that lot plus the retests. (2) The cost for resampling and retesting shall be borne by the Contractor. b. Payment for resampled lots. The redefined PWL for a resampled lot will be used to calculate the payment for that lot in accordance with Table 6. c. Outliers. Check for outliers in accordance with ASTM E178, at a significance level of 5%. METHOD OF MEASUREMENT 401-7.1 Measurement.HMA shall be measured by the number of tons fkg)of HMA used in the accepted work. Recorded batch weights or truck scale weights will be used to determine the basis for the tonnage. BASIS OF PAYMENT 401-8.1 Payment. Payment for a lot of asphalt meeting all acceptance criteria as specified in paragraph 401-6.2 shall be made based on results of tests for mat density and air voids. Payment for acceptable lots shall be adjusted according to paragraph 401-8.1c for mat density and air voids; and paragraph 401-6.2c for joint density, subject to the limitation that: a. The total project payment for plant mix asphalt pavement shall not exceed 100 percent of the product of the contract unit price and the total number of tons (kg) of asphalt used in the accepted work. b. The price shall be compensation for furnishing all materials, for all preparation,mixing,and placing of these materials,and for all labor, equipment,tools, and incidentals necessary to complete the item. c. Basis of adjusted payment. The pay factor for each individual lot shall be calculated in accordance with Table 6. A pay factor shall be calculated for both mat density and air voids. The lot pay factor shall be the higher of the two values when calculations for both mat density and air voids are 100% or higher. The lot pay factor shall be the product of the two values when only one of the calculations for either mat density or air voids is 100%or higher. The lot pay factor shall be the lower of the two values when calculations for both mat density and air voids are less than 100%. If PWL for joint density is less than 71%then the lot pay factor shall be reduced by 5%but be no higher than 95%. For each lot accepted,the adjusted contract unit price shall be the product of the lot pay factor for the lot and the contract unit price. Payment shall be subject to the total project payment limitation specified in paragraph 401-8.la. Payment in excess of 100%for accepted lots of asphalt shall be used to offset payment for accepted lots of asphalt pavement that achieve a lot pay factor less than 100%. Payment for sublots which do not meet grade in accordance with paragraph 401-6.2d after correction for over 25%of the sublot shall be reduced by 5%. Table 6. Price adjustment schedule' ASPHALT MIX PAVEMENT P-401-18 3884 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Percentage of material within specification limits Lot pay factor (percent of contract unit (PWL) price) 96— 100 106 90—95 PWL+ 10 75 — 89 0.5 PWL+55 55 —74 1.4 PWL— 12 Below 55 Reject 2 ' Although it is theoretically possible to achieve a pay factor of 106%for each lot, actual payment above 100% shall be subject to the total project payment limitation specified in paragraph 401-8.la. 2 The lot shall be removed and replaced. However,the RPR may decide to allow the rejected lot to remain. In that case,if the RPR and Contractor agree in writing that the lot shall not be removed,it shall be paid for at 50%of the contract unit price and the total project payment shall be reduced by the amount withheld for the rejected lot. d. Profilograph Roughness.Not used. Protection of existing runway and taxiway lights and base cans during paving operations shall be considered incidental to item P-401-1. 401-8.1 Payment. Payment will be made under: Item P-401-1 Asphalt Surface Course Per ton REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. ASTM International(ASTM) ASTM C29 Standard Test Method for Bulk Density("Unit Weight") and Voids in Aggregate ASTM C88 Standard Test Method for Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate ASTM C117 Standard Test Method for Materials Finer than 75-µm (No. 200) Sieve in Mineral Aggregates by Washing ASTM C127 Standard Test Method for Density, Relative Density(Specific Gravity) and Absorption of Coarse Aggregate ASTM C131 Standard Test Method for Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine ASTM C136 Standard Test Method for Sieve or Screen Analysis of Fine and Coarse Aggregates ASTM C142 Standard Test Method for Clay Lumps and Friable Particles in Aggregates ASPHALT MIX PAVEMENT P-401-19 3885 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual ASTM C566 Standard Test Method for Total Evaporable Moisture Content of Aggregate by Drying ASTM D75 Standard Practice for Sampling Aggregates ASTM D242 Standard Specification for Mineral Filler for Bituminous Paving Mixtures ASTM D946 Standard Specification for Penetration-Graded Asphalt Cement for Use in Pavement Construction ASTM D979 Standard Practice for Sampling Asphalt Paving Mixtures ASTM D 1073 Standard Specification for Fine Aggregate for Asphalt Paving Mixtures ASTM D 1188 Standard Test Method for Bulk Specific Gravity and Density of Compacted Bituminous Mixtures Using Coated Samples ASTM D2172 Standard Test Method for Quantitative Extraction of Bitumen from Asphalt Paving Mixtures ASTM D 1461 Standard Test Method for Moisture or Volatile Distillates in Asphalt Paving Mixtures ASTM D2041 Standard Test Method for Theoretical Maximum Specific Gravity and Density of Bituminous Paving Mixtures ASTM D2419 Standard Test Method for Sand Equivalent Value of Soils and Fine Aggregate ASTM D2489 Standard Practice for Estimating Degree of Particle Coating of Bituminous-Aggregate Mixtures ASTM D2726 Standard Test Method for Bulk Specific Gravity and Density of Non- Absorptive Compacted Bituminous Mixtures ASTM D2950 Standard Test Method for Density of Bituminous Concrete in Place by Nuclear Methods ASTM D3203 Standard Test Method for Percent Air Voids in Compacted Dense and Open Bituminous Paving Mixtures ASTM D3381 Standard Specification for Viscosity-Graded Asphalt Cement for Use in Pavement Construction ASTM D3665 Standard Practice for Random Sampling of Construction Materials ASTM D3666 Standard Specification for Minimum Requirements for Agencies Testing and Inspecting Road and Paving Materials ASTM D4318 Standard Test Methods for Liquid Limit, Plastic Limit,and Plasticity Index of Soils ASTM D4552 Standard Practice for Classifying Hot-Mix Recycling Agents ASTM D4791 Standard Test Method for Flat Particles, Elongated Particles, or Flat and Elongated Particles in Coarse Aggregate ASTM D4867 Standard Test Method for Effect of Moisture on Asphalt Concrete Paving Mixtures ASPHALT MIX PAVEMENT P-401-20 3886 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual ASTM D5361 Standard Practice for Sampling Compacted Asphalt Mixtures for Laboratory Testing ASTM D5444 Standard Test Method for Mechanical Size Analysis of Extracted Aggregate ASTM D5821 Standard Test Method for Determining the Percentage of Fractured Particles in Coarse Aggregate ASTM D6084 Standard Test Method for Elastic Recovery of Bituminous Materials by Ductilometer ASTM D6307 Standard Test Method for Asphalt Content of Hot Mix Asphalt by Ignition Method ASTM D6373 Standard Specification for Performance Graded Asphalt Binder ASTM D6752 Standard Test Method for Bulk Specific Gravity and Density of Compacted Bituminous Mixtures Using Automatic Vacuum Sealing Method ASTM D6925 Standard Test Method for Preparation and Determination of the Relative Density of Hot Mix Asphalt(HMA) Specimens by Means of the SuperPave Gyratory Compactor. ASTM D6926 Standard Practice for Preparation of Bituminous Specimens Using Marshall Apparatus ASTM D6927 Standard Test Method for Marshall Stability and Flow of Bituminous Mixtures ASTM D6995 Standard Test Method for Determining Field VMA based on the Maximum Specific Gravity of the Mix(Gmm) ASTM El I Standard Specification for Woven Wire Test Sieve Cloth and Test Sieves ASTM E178 Standard Practice for Dealing with Outlying Observations ASTM E1274 Standard Test Method for Measuring Pavement Roughness Using a Profilograph ASTM E950 Standard Test Method for Measuring the Longitudinal Profile of Traveled Surfaces with an Accelerometer Established Inertial Profiling Reference ASTM E2133 Standard Test Method for Using a Rolling Inclinometer to Measure Longitudinal and Transverse Profiles of a Traveled Surface American Association of State Highway and Transportation Officials (AASHTO) AASHTO M156 Standard Specification for Requirements for Mixing Plants for Hot- Mixed,Hot-Laid Bituminous Paving Mixtures. AASHTO T329 Standard Method of Test for Moisture Content of Hot Mix Asphalt (HMA)by Oven Method AASHTO T324 Standard Method of Test for Hamburg Wheel-Track Testing of Compacted Asphalt Mixtures ASPHALT MIX PAVEMENT P-401-21 3887 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual AASHTO T 340 Standard Method of Test for Determining the Rutting Susceptibility of Hot Mix Asphalt(APA) Using the Asphalt Pavement Analyzer(APA) Asphalt Institute (AI) Asphalt Institute Handbook MS-26,Asphalt Binder Asphalt Institute MS-2 Mix Design Manual, 7th Edition Al State Binder Specification Database Federal Highway Administration(FHWA) Long Term Pavement Performance Binder Program Advisory Circulars (AC) AC 150/5320-6 Airport Pavement Design and Evaluation FAA Orders 5300.1 Modifications to Agency Airport Design, Construction, and Equipment Standards Software FAARFIELD END OF ITEM P-401 ASPHALT MIX PAVEMENT P-401-22 3888 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Item P-603 Emulsified Asphalt Tack Coat DESCRIPTION 603-1.1 This item shall consist of preparing and treating an asphalt or concrete surface with asphalt material in accordance with these specifications and in reasonably close conformity to the lines shown on the plans. 603-1.2 SUBMITTALS. Furnish shop drawings, manufacturers'data, test reports and materials certifications for all materials required in the referenced section, including: 1. Asphalt Tack Coat 2. Vendor's Certificate of Analysis 3. Freight and Weigh Bills MATERIALS 603-2.1 Asphalt materials. The asphalt material shall be a Performance Grade(PG) 64-22 asphalt binder in accordance with ASTMD63 73for placement areas on the runways, taxiways and shoulders. The effittisifiedasphalt shall not be diluted. The Contractor shall provide a copy of the manufacturer's Certificate of Analysis (COA) for the asphalt material to the Resident Project Representative (RPR)before the asphalt material is applied for review and acceptance. The furnishing of COA for the asphalt material shall not be interpreted as a basis for final acceptance. The manufacturer's COA may be subject to verification by testing the material delivered for use on the project. CONSTRUCTION METHODS 603-3.1 Weather limitations. The tack coat shall be applied only when the existing surface is dry and the atmospheric temperature is 50°F (IO'C) or above;the temperature has not been below 35°F (2°C)for the 12 hours prior to application; and when the weather is not foggy or rainy. The temperature requirements may be waived when directed by the RPR. 603-3.2 Equipment. dilttet4s in the tank. Spfay baf tips ffittst be elean, ffee ef buffs,and ef a sii�e te ffia4fffain an even distfibt ie e fthe effittisieft. The Contractor shall provide equipment for heating and applying the asphalt material The material shall be applied with a manufacturer-approved computer rate- controlled asphalt distributor. The equipment shall be in good working order and contain no contaminants or diluents in the tank. Spray bar tips must be clean,free of'burrs, and of a size to maintain an even distribution of the asphalt. Any type of tip or pressure source is suitable that will EMULSIFIED ASPHALT TACK COAT P-603-1 3889 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual maintain predetermined flow rates and constant pressure during the application process with application speeds under eight(8)miles per hour(13 km per hour) or seven(700)feet per minute (213 in per minute). The equipment will be tested under pressure for leaks and to ensure proper set-up before use to verify truck set-up (via a test-shot area), including but not limited to,nozzle tip size appropriate for application, spray-bar height and pressure and pump speed,evidence of triple-overlap spray pattern, lack of leaks, and any other factors relevant to ensure the truck is in good working order before use. The distributor truck shall be equipped with a minimum 12-foot(3.7-m) spreader spray bar with individual nozzle control with computer-controlled application rates. The distributor truck shall have an easily accessible thermometer that constantly monitors the temperature of the emulsion, asphalt binder and have an operable mechanical tank gauge that can be used to cross-check the computer accuracy. If the distributor is not equipped with an operable quick shutoff valve,the prime operations shall be started and stopped on building paper. The distributor truck shall be equipped to effectively heat and mix the material to the required temperature prior to application as required. Heating and mixing shall be done in accordance with the manufacturer's recommendations. Do not overheat or over mix the material. The distributor shall be equipped with a hand sprayer. Asphalt distributors must be calibrated annually in accordance with ASTM D2995. The Contractor must furnish a current calibration certification for the asphalt distributor truck from any State or other agency as approved by the RPR. A power broom and/or power blower suitable for cleaning the surfaces to which the asphalt tack coat is to be applied shall be provided. 603-3.3 Application of emulsified asphalt asphalt binder material. The effittisified aspha4 materials shall not be diluted. Immediately before applying the effittisified aspha4 tack coat,the full width of surface to be treated shall be swept with a power broom and/or power blower to remove all loose dirt and other objectionable material. The o�.�asphalt material shall be uniformly applied with an asphalt distributor at the rates appropriate for the conditions and surface specified in the table below. The type of asphalt material and application rate shall be approved by the RPR prior to application. Emulsified Asphalt Surface Type Residual Rate,gal/SY Emulsion Appliea4ion Bar Ra4e, (L/square meter) (L/square meter-) New asphalt 0.02-0.05 (0.09-0.23) . Existing asphalt 0.04-0.07 (0.18-0.32) 0.06 0.11 027 0 cm Milled Surface 0.04-0.08 (0.18-0.36) n 06 0.12 027 n 54) Concrete 0.03-0.05 (0.13-0.23) . After application of the tack coat,the surface shall be allowed to cure without being disturbed for the period of time necessary to permit drying and setting of the tack coat. This period shall be determined by the RPR. The Contractor shall protect the tack coat and maintain the surface until the next course has been placed. When the tack coat has been disturbed by the Contractor,tack coat shall be reapplied at the Contractor's expense. EMULSIFIED ASPHALT TACK COAT P-603-2 3890 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 603-3.4 Freight and waybills The Contractor shall submit waybills and delivery tickets, during progress of the work. Before the final statement is allowed, file with the RPR certified waybills and certified delivery tickets for all o�.�asphalt materials used in the construction of the pavement covered by the contract. METHOD OF MEASUREMENT 603-4.1 The asphalt material for tack coat shall be measured by the gallon. The asphalt material paid for will be the measured quantities used in the accepted work,provided that the measured quantities are not 10%over the specified application rate. Any amount of asphalt material more than 10%over the specified application rate for each application will be deducted from the measured quantities, except for irregular areas where hand spraying of the asphalt material is necessary. BASIS OF PAYMENT 603.5-1 Payment shall be made at the contract unit price per gallon of asphalt material. This price shall be full compensation for furnishing all materials,for all preparation, delivery,and application of these materials, and for all labor,equipment,tools, and incidentals necessary to complete the item. Payment will be made under: Item P-603-1 Asphalt Tack Coat Per gallon REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. ASTM International(ASTM) ASTM D 1250 Standard Guide for Use of the Petroleum Measurement Tables ASTM D2995 Standard Practice for Estimating Application Rate and Residual Application Rate of Bituminous Distributors ASTM D3628 Standard Practice for Selection and Use of Emulsified Asphalts END ITEM P-603 EMULSIFIED ASPHALT TACK COAT P-603-3 3891 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual This Page is Intentionally Left Blank EMULSIFIED ASPHALT TACK COAT P-603-4 3892 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Item P-620 Runway and Taxiway Marking DESCRIPTION 620-1.1 This item shall consist of the preparation and painting of numbers, markings, and stripes on the surface of runways, taxiways, and aprons, in accordance with these specifications and at the locations shown on the plans, or as directed by the Resident Project Representative (RPR). The terms "paint" and "marking material"as well as"painting"and"application of markings"are interchangeable throughout this specification. MATERIALS 620-2.1 Materials acceptance. The Contractor shall furnish manufacturer's certified test reports, for materials shipped to the project. The certified test reports shall include a statement that the materials meet the specification requirements. This certification along with a copy of the paint manufacturer's surface preparation;marking materials,including glass bead coupling agents(e.g. adhesion,flow promoting and/or floatation additive); and application requirements must be submitted and approved by the Resident Project Representative (RPR) prior to the initial application of markings. The reports can be used for material acceptance or the RPR may perform verification testing. The reports shall not be interpreted as a basis for payment. The Contractor shall notify the RPR upon arrival of a shipment of materials to the site. All material shall arrive in sealed containers that are easily quantifiable for inspection by the RPR. 620-2.2 Marking materials. a. Paint. Paint shall be Waterborne Type II (temporary pavement marking) and I (permanent pavement marking)in accordance with the requirements of this paragraph and TT-P-1952F. Paint colors shall comply with Federal Standard No. 595 (refer to Table 1). The non-volatile portion of the vehicle for all paint types shall be composed of a 100% acrylic polymer as determined by infrared spectral analysis. Paint shall include a biocide(e.g.Rocima 63 or equal) to resist algae contamination. Black paint shall be used to outline a border at least 6 inches wide around markings on all pavements,unless otherwise specified in the project plans,FAA Advisory Circular 150/5340-IM, and/or RPR. Prior to reopening pavements at Part 139, Contractor must verify that all markings comply with Part 139 requirements. Temporary markings not in compliance with AC 150/5340-1 will require a NOTAM regarding any non-standard marking be issued. For example,temporary markings without beads. Retroreflectivity shall be measured by the Contractor using a portable retro-reflectometer according to ASTM E1710 and the practices of ASTM D7585 shall be followed for taking retroreflectivity readings with a portable retroreflectometer and computing measurement averages. A vehicle-mounted retroreflectometer may also be used. See Section 620-3.8 for Initial Retro- reflectance values that must be achieved at installation. RUNWAY AND TAXIWAY MARKING P-620-1 3893 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual b. Reflective media. Glass beads for white and yellow paint shall meet the requirements for Federal Specification TT-13-13251), Type III. Glass beads for red and pink shall meet the requirements of TT-13-13251), Type I, Gradation A. Glass beads shall be treated with all necessary coupling agents recommended by the bead manufacturer for application in waterborne paint to ensure proper adhesion and embedment. Glass beads shall not be used in black and green paints. Type III glass beads shall not be used in red or pink paints. Table 1. Marking Materials Paint' Glass Beads2 Type Color Fed Std.595# Application Rate Type Application Rate Temporary Marking Yellow 33538 230 ft'/gal N/A N/A Waterborne Type II Temporary Marking White 37925 230 ft'/gal N/A N/A Waterborne Type II Permanent Marking Yellow 33538 115 sgft/gal Type III 10 lbs/gal Waterborne Type I Permanent Marking White 37925 115 sgft/gal Type III 10 lbs/gal Waterborne Type I Permanent Marking Black 37038 115 sgft/gal N/A N/A Waterborne Type I CONSTRUCTION METHODS 620-3.1 Weather limitations. Painting shall only be performed when the surface is dry, and the ambient temperature and the pavement surface temperature meet the manufacturer's recommendations in accordance with paragraph 620-2.1. Painting operations shall be discontinued when the ambient or surface temperatures does not meet the manufacturer's recommendations. Markings shall not be applied when the wind speed exceeds 10 mph unless windscreens are used to shroud the material guns. Markings shall not be applied when weather conditions are forecast to not be within the manufacturers' recommendations for application and dry time. 620-3.2 Equipment.Equipment shall include the apparatus necessary to properly clean the existing surface, a mechanical marking machine,a bead dispensing machine,and such auxiliary hand-painting equipment as may be necessary to satisfactorily complete the job. The mechanical marker shall be an atomizing spray-type or airless type marking machine with automatic glass bead dispensers suitable for application of traffic paint. It shall produce an even and uniform film thickness and appearance of both paint and glass beads at the required coverage and shall apply markings of uniform cross-sections and clear-cut edges without running or spattering and without over spray. The marking equipment for both paint and beads shall be calibrated daily, and regular monitoring of material coverages shall be recorded to ensure compliance with these specifications. RUNWAY AND TAXIWAY MARKING P-620-2 3894 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 620-3.3 Preparation of surfaces. Immediately before application of the paint,the surface shall be dry and free from dirt,grease,oil,laitance,or other contaminants that would reduce the bond between the paint and the pavement. Use of any chemicals or impact abrasives during surface preparation shall be approved in advance by the RPR. After the cleaning operations, sweeping,blowing,or rinsing with pressurized water shall be performed to ensure the surface is clean and free of grit or other debris left from the cleaning process. a.Preparation of new pavement surfaces. The area to be painted shall be cleaned by broom,blower, water blasting, or by other methods approved by the RPR to remove all contaminants, including dirt and debris from construction traffic,minimizing impact/damage to the pavement surface. b. Preparation of pavement to remove existing markings. Existing pavement markings shall be removed by rotary grinding,water blasting,or by other methods approved by the RPR minimizing damage to the pavement surface. The removal area may need to be larger than the area of the markings to eliminate ghost markings. After removal of markings on asphalt pavements, apply a fog seal or seal coat to `block out'the removal area to eliminate `ghost' markings. c. Preparation of pavement markings prior to remarking. Prior to remarking existing markings,loose existing markings must be removed minimizing damage to the pavement surface, with a method approved by the RPR. After removal,the surface shall be cleaned of all residue or debris. Prior to the application of markings,the Contractor shall certify in writing that the surface is dry and free from dirt,grease, oil,laitance,or other foreign material that would prevent the bond of the paint to the pavement or existing markings. This certification along with a copy of the paint manufactures application and surface preparation requirements must be submitted to the RPR prior to the initial application of markings. 620-3.4 Layout of markings. The proposed markings shall be laid out in advance of the paint application. The locations of markings to receive glass beads shall be shown on the plans. 620-3.5 Application. A period of 30 days shall elapse between placement of surface course or seal coat and application of the permanent paint markings. Paint shall be applied at the locations and to the dimensions and spacing shown on the plans. Paint shall not be applied until the layout and condition of the surface has been approved by the RPR. The edges of the markings shall not vary from a straight line more than 1/2 inch(12 mm)in 50 feet(15 m), and marking dimensions and spacing shall be within the following tolerances: Marking Dimensions and Spacing Tolerance Dimension and Spacing Tolerance 36 inch(910 mm) or less ±1/2 inch(12 mm) greater than 36 inch to 6 feet(910 mm to 1.85 m) f 1 inch(25 mm) greater than 6 feet to 60 feet(1.85 in to 18.3 m) ±2 inch(50 mm) greater than 60 feet(18.3 m) ±3 inch(76 mm) The paint shall be mixed in accordance with the manufacturer's instructions and applied to the pavement with a marking machine at the rate shown in Table 1. The addition of thinner will not be permitted.Paint shall not be hand applied Glass beads shall be distributed upon the marked areas at the locations shown on the plans to receive glass beads immediately after application of the paint. A dispenser shall be furnished that is properly designed RUNWAY AND TAXIWAY MARKING P-620-3 3895 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual for attachment to the marking machine and suitable for dispensing glass beads. Glass beads shall not be hand applied Glass beads shall be applied at the rate shown in Table 1. Glass beads shall not be applied to black paint or green paint. Glass beads shall adhere to the cured paint or all marking operations shall cease until corrections are made. Different bead types shall not be mixed. Regular monitoring of glass bead embedment and distribution shall be performed. 620-3.6 Application--preformed thermoplastic airport pavement markings.Preformed thermoplastic pavement markings not used 620-3.7 Control strip. Prior to the full application of airfield markings, the Contractor shall prepare a control strip in the presence of the RPR. The Contractor shall demonstrate the surface preparation method and all striping equipment to be used on the project. The marking equipment must achieve the prescribed application rate of paint and population of glass beads(per Table 1)that are properly embedded and evenly distributed across the full width of the marking. Prior to acceptance of the control strip,markings must be evaluated during darkness to ensure a uniform appearance. 620-3.8 Retro-reflectance. Reflectance shall be measured with a portable retro-reflectometer meeting ASTM E 1710(or equivalent). A total of 6 readings shall be taken over a 6 square foot area on each marking with 3 readings taken from each direction. The average shall be equal to or above the minimum levels of all readings which are within 30%of each other. The reflectance measurements should be recorded one to seven days after marking installation is completed Minimum Retro-Reflectance Values Material Retro-reflectance mcd/m2/lux White Yellow Red Initial Type I 300 175 35 Initial Type III 600 300 35 Initial Thermoplastic 225 100 35 All materials,remark when less than' 100 75 10 ' `Prior to remarking determine if removal of contaminants on markings will restore retro-reflectance 620-3.9 Protection and cleanup. After application of the markings, all markings shall be protected from damage until dry. All surfaces shall be protected from excess moisture and/or rain and from disfiguration by spatter, splashes, spillage, or drippings. The Contractor shall remove from the work area all debris, waste, loose reflective media, and by-products generated by the surface preparation and application operations to the satisfaction of the RPR. The Contractor shall dispose of these wastes in strict compliance with all applicable state, local, and federal environmental statutes and regulations. METHOD OF MEASUREMENT 620-4.1 Reflective Pavement Marking with Glass Beads. The quantity of"Reflective Pavement Marking with Glass Beads" to be paid for shall be the number of square feet of painting performed in accordance with the specifications and accepted by the RPR. This pay item is applicable to all colors needed for reflective pavement marking. RUNWAY AND TAXIWAY MARKING P-620-4 3896 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual 620-4.2 Non-Reflective Pavement Marking. The quantity of"Non-Reflective Pavement Marking " to be paid for shall be the number of square feet of painting performed in accordance with the specifications and accepted by the RPR. This pay item is applicable to all colors needed for non-reflective pavement marking. 620-4.3 Temporary Pavement Marking. The quantity of"Temporary Pavement Marking" to be paid for shall be the number of square feet of painting performed in accordance with the specifications and accepted by the RPR. Temporary marking includes surface preparation and application of the temporary marking. This pay item is applicable to all colors required for temporary pavement marking. BASIS OF PAYMENT 620-5.1 Reflective Pavement Marking. Payment of"Reflective Pavement Marking with Glass Beads" shall be made at the respective contract price per square foot for painting. This price shall be full compensation for furnishing all materials and for all labor, equipment, tools, and incidentals necessary to complete the item including reflective beads, any surface preparation, and any protection of'structures. The area of permanent pavement markings at 100% application rate shown on the plans shall be measured and paid for only once. This payment shall include the double coat of pavement markings. Markings at 50% application rate placed in the final location shall not be paid for separately and are incidental to the final paint application. 620-5.2 Non Reflective Pavement Marking. Payment of "Non-Reflective Pavement Marking" shall be made at the respective contract price per square foot for painting. This price shall be full compensation for furnishing all materials and for all labor, equipment,tools, and incidentals necessary to complete the item including any surface preparation and any protection of structures. The area of permanent pavement marking at 100% application rate shown on the contract plans will only be measured and paid for once. This payment shall include the double coat of'pavement markings. Markings at 50% application rate placed in their final location shall not be paid for separately and are incidental to the final paint application. 620-5.3 Temporary Pavement Marking. Payment shall be made at the respective contract price per square foot for painting. This price shall be full compensation for furnishing all materials and for all labor, equipment,tools, and incidentals necessary to complete the item, including any surface preparation and any protection of structures. This payment shall include all temporary markings required to maintain an approved painted runway per marking plans as shown in the Contract Drawings. Payment will be made under: Item P-620-1 Reflective Pavement Marking with Glass Beads Per Square Foot Item P-620-2 Non-Reflective Pavement Marking Per Square Foot Item P-620-3 Temporary Pavement Marking Per Square Foot REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. ASTM International(ASTM) ASTM D476 Standard Classification for Dry Pigmentary Titanium Dioxide Products RUNWAY AND TAXIWAY MARKING P-620-5 3897 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual ASTM D968 Standard Test Methods for Abrasion Resistance of Organic Coatings by Falling Abrasive ASTM D 1652 Standard Test Method for Epoxy Content of Epoxy Resins ASTM D2074 Standard Test Method for Total, Primary, Secondary, and Tertiary Amine Values of Fatty Amines by Alternative Indicator Method ASTM D2240 Standard Test Method for Rubber Property-Durometer Hardness ASTM D7585 Standard Practice for Evaluating Retroreflective Pavement Markings Using Portable Hand-Operated Instruments ASTM E303 Standard Test Method for Measuring Surface Frictional Properties Using the British Pendulum Tester ASTM E1710 Standard Test Method for Measurement of Retroreflective Pavement Marking Materials with CEN-Prescribed Geometry Using a Portable Retroreflectometer ASTM E2302 Standard Test Method for Measurement of the Luminance Coefficient Under Diffuse Illumination of Pavement Marking Materials Using a Portable Reflectometer ASTM G154 Standard Practice for Operating Fluorescent Ultraviolet(UV) Lamp Apparatus for Exposure of Nonmetallic Materials Code of Federal Regulations (CFR) 40 CFR Part 60,Appendix A-7, Method 24 Determination of volatile matter content,water content,density,volume solids,and weight solids of surface coatings 29 CFR Part 1910.1200 Hazard Communication Federal Specifications (FED SPEC) FED SPEC TT-B-1325D Beads (Glass Spheres) Retro-Reflective FED SPEC TT-P-1952F Paint, Traffic and Airfield Marking,Waterborne FED STD 595 Colors used in Government Procurement Commercial Item Description A-A-288613 Paint, Traffic, Solvent Based Advisory Circulars (AC) AC 150/5340-1 Standards for Airport Markings AC 150/5320-12 Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces END OF ITEM P-620 RUNWAY AND TAXIWAY MARKING P-620-6 3898 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Item P-621 Saw-Cut Grooves DESCRIPTION 621-1.1 This item consists of constructing saw-cut grooves to minimize hydroplaning during wet weather, providing a skid resistant surface in accordance with these specifications and at the locations shown on the plans, or as directed by the Resident Project Representative (RPR). CONSTRUCTION METHODS 621-2.1 Procedures. The Contractor shall submit to the RPR the grooving sequence and method of placing guide lines to control grooving operation. Transverse grooves saw-cut in the pavement must form a 1/4 inch(+1/16 inch, -0 inch)wide by 1/4 inch(±1/16 inch) deep by 1-1/2 inch(-1/8 inch, +0 inch) center-to-center configuration. The grooves must be continuous for the entire runway length. They must be saw-cut transversely (perpendicular to centerline) in the runway and high-speed taxiway pavement to not less than 10 feet(3 m) from the runway pavement edge to allow adequate space for equipment operation. The saw-cut grooves must meet the following tolerances. The tolerances apply to each day's production and to each piece of grooving equipment used for production. The Contractor is responsible for all controls and process adjustments necessary to meet these tolerances. The Contractor shall routinely spot check for compliance each time the equipment aligns for a grooving pass. a.Alignment tolerance. The grooves shall not vary more than±1-1/2 inch(38 mm)in alignment for 75 feet(23 m)along the runway length, allowing for realignment every 500 feet(150 m) along the runway length. b. Groove tolerance. (1) Depth. The standard depth is 1/4 inch(6 mm). At least 90%of the grooves must be at least 3/16 inch(5 mm), at least 60%of the grooves must be at least 1/4 inch(6 mm), and not more than 10%of the grooves may exceed 5/16 inch(8 mm). (2)Width. The standard width is 1/4 inch(6 mm). At least 90%of the grooves must be at least 3/16 inch(5 mm), at least 60%of the grooves must be at least 1/4 inch(6 mm), and not more than 10%of the grooves may exceed 5/16 inch(8 mm). (3) Center-to-center spacing. The standard spacing is 1-1/2 inch(38 mm). Minimum spacing 1- 3/8 inch(34 mm). Maximum spacing 1-1/2 inch(38 mm). Saw-cut grooves must not be closer than 3 inches (8 cm) or more than 9 inches (23 cm) from transverse joints in concrete pavements. Grooves must not be closer than 6 inches (150 mm) and no more than 18 inches (0.5 m) from in-pavement light fixtures. Grooves may be continued through longitudinal construction joints.Where neoprene compression seals have been installed and the compression seals are recessed sufficiently to prevent damage from the grooving operation,grooves may be continued through the longitudinal joints.Where neoprene compression seals have been installed and the compression seals are not recessed sufficiently to prevent damage from the grooving operation,grooves must not be closer than 3 inches (8 cm) or more than 5 inches (125 mm) from the SAW-CUT GROOVES P-621-1 3899 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual longitudinal joints. Where lighting cables are installed,grooving through longitudinal or diagonal saw kerfs shall not be allowed. 621-2.2 Environmental requirements. Grooving operations will not be permitted when freezing conditions prevent the immediate removal of debris and/or drainage of water from the grooved area. Discharge and disposal of waste slurry shall be the Contractor's responsibility. 621-2.3 Test section. Groove a test section in an area of the pavement outside of the trafficked area,as approved by the Engineer. The area shall be 50 feet long by two lanes wide. Demonstrate the setup and alignment process,the grooving operation, and the waste slurry disposal. 621-2.4 Existing pavements. Bumps, depressed areas,bad or faulted joints, and badly cracked and/or spalled areas in the pavement shall not be grooved until such areas are adequately repaired or replaced. 621-2.5 New pavements.New asphalt and Portland cement concrete pavements shall be allowed to cure for a minimum of 30 days before grooving,to allow the material to become stable enough to prevent closing of the grooves under normal use. If it can be demonstrated that grooves are stable, and can be installed with no spalling,tearing or raveling of the groove edge,grooving may occur sooner that 30 days with approval of the RPR. All grade corrections must be completed prior to grooving. Spalling along or tearing or raveling of the groove edges shall not be allowed. 621-2.6 Grooving machine. Provide a grooving machine that is power driven, self-propelled, specifically designed and manufactured for pavement grooving, and has a self-contained and integrated continuous slurry vacuum system as the primary method for removing waste slurry. The grooving machine shall be equipped with diamond-saw cutting blades, and capable of making at least 18 inches (0.5 m)in width of multiple parallel grooves in one pass of the machine. Thickness of the cutting blades shall be capable of making the required width and depth of grooves in one pass of the machine. The cutting head shall not contain a mixture of new and worn blades or blades of unequal wear or diameter. Match the blade type and configuration with the hardness of the existing airfield pavement. The wheels on the grooving machine shall be of a design that will not scar or spall the pavement. Provide the machine with devices to control depth of groove and alignment. 621-2.7 Water supply. Water for the grooving operation shall be provided by the Contractor. 621-2.8 Clean-up. During and after installation of saw-cut grooves,the Contractor must remove from the pavement all debris,waste,and by-products generated by the operations to the satisfaction of the RPR. Cleanup of waste material must be continuous during the grooving operation. Flush debris produced by the machine to the edge of the grooved area or pick it up as it forms. The dust coating remaining shall be picked up or flushed to the edge of the area if the resultant accumulation is not detrimental to the vegetation or storm drainage system. Accomplish all flushing operations in a manner to prevent erosion on the shoulders or damage to vegetation.Waste material must be disposed of in an approved manner offsite.Waste material must not be allowed to enter the airport storm sewer system. The Contractor must dispose of these wastes in strict compliance with all applicable state,local, and Federal environmental statutes and regulations. 621-2.9 Repair of damaged pavement. Grooving must be stopped and damaged pavement repaired at the Contractor's expense when directed by the RPR. ACCEPTANCE 621-3.1 Acceptance testing. Grooves will be accepted based on results of zone testing. All acceptance testing necessary to determine conformance with the groove tolerances specified will be performed by the RPR. SAW-CUT GROOVES P-621-2 3900 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Instruments for measuring groove width and depth must have a range of at least 0.5 inch(12 mm)and a resolution of at least 0.005 inch(0.13 mm). Gauge blocks or gauges machined to standard grooves width, depth, and spacing may be used. Instruments for measuring center-to-center spacing must have a range of at least 3 inches (8 cm) and a resolution of at least 0.02 inch(0.5 mm). The RPR will measure grooves in five zones across the pavement width. Measurements will be made at least three times during each day's production. Measurements in all zones will be made for each cutting head on each piece of grooving equipment used for each day's production. The five zones are as follows: Zone 1 Centerline to 5 feet(1.5 m)left or right of the centerline. Zone 2 5 feet(1.5 m)to 25 feet(7.5 m)left of the centerline. Zone 3 5 feet(1.5 m) 25 feet(7.5 m)right of the centerline. Zone 4 25 feet(7.5 m)to edge of grooving left of the centerline. Zone 5 25 feet(7.5 m)to edge of grooving right of the centerline. At a random location within each zone,five consecutive grooves sawed by each cutting head on each piece of grooving equipment will be measured for width, depth,and spacing. The five consecutive measurements must be located about the middle blade of each cutting head±4 inches (100 mm). Measurements will be made along a line perpendicular to the grooves. Width or depth measurements less than 0.170 inch(4 mm) shall be considered less than 3/16 inch(5 mm). Width or depth measurements more than 0.330 inch(8 mm) shall be considered more than 5/16 inch(8 mm). Width or depth measurements more than 0.235 inch(6 mm) shall be considered more than 1/4 inch(6 mm). Production must be adjusted when more than one groove on a cutting head fails to meet the standard depth,width, or spacing in more than one zone. METHOD OF MEASUREMENT 621-4.1 The quantity of runway pavement grooving to be paid for shall be the number of square yards of grooving performed in accordance with the specifications and accepted by the RPR per paragraph 621- 3.1. BASIS OF PAYMENT 621-5.1 Payment for runway pavement grooving.Payment for saw-cut grooving will be made at the contract unit price per square yard for saw-cut grooving. This price shall be full compensation for furnishing all materials, and for all preparation, delivering, and application of these materials, and for all labor, equipment,tools, clean up procedures, cleaning/flushing slurry/debris as the operation progresses, disposal offsite, and incidentals necessary to complete the item. SAW-CUT GROOVES P-621-3 3901 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Payment will be made under: P-621-1 Runway Pavement Grooving per square yard END OF ITEM P-621 SAW-CUT GROOVES P-621-4 3902 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Item T-904 Sodding DESCRIPTION 904-1.1 This item shall consist of furnishing,hauling,and placing approved live sod on prepared areas in accordance with this specification at the locations shown on the plans or as directed by the RPR. MATERIALS 904-2.1 Sod. Sod furnished by the Contractor shall have a good cover of living or growing grass. This shall be interpreted to include grass that is seasonally dormant during the cold or dry seasons and capable of renewing growth after the dormant period. All sod shall be obtained from areas where the soil is reasonably fertile and contains a high percentage of loamy topsoil. Sod shall be cut or stripped from living,thickly matted turf relatively free of weeds or other undesirable foreign plants,large stones, roots, or other materials that might be detrimental to the development of the sod or to future maintenance. At least 70%of the plants in the cut sod shall be composed of the species stated in the special provisions, and any vegetation more than 6 inches (150 mm)in height shall be mowed to a height of 3 inches (75 mm) or less before sod is lifted. Sod, including the soil containing the roots and the plant growth showing above, shall be cut uniformly to a thickness not less than that stated in the special provisions. Type:Argentine Bahia 904-2.2 Lime. Not required. 904-2.3 Fertilizer. Fertilizer shall be standard commercial fertilizers supplied separately or in mixtures containing the percentages of total nitrogen, available phosphoric acid, and water-soluble potash. They shall be applied at the rate and to the depth specified, and shall meet the requirements of applicable state laws. They shall be furnished in standard containers with name, weight, and guaranteed analysis of contents clearly marked thereon. No cyanamide compounds or hydrated lime shall be permitted in mixed fertilizers. The fertilizers may be supplied in one of the following forms: a.A dry,free flowing fertilizer suitable for application by a common fertilizer spreader; b.A finely-ground fertilizer soluble in water,suitable for application by power sprayers;or c.A granular or pellet form suitable for application by blower equipment. Fertilizers shall be 10-10-10(n p-k) commercial fertilizer and shall be spread at the rate of 400 lbs/acre. 904-2.4 Water. The water shall be sufficiently free from oil, acid, alkali, salt, or other harmful materials that would inhibit the growth of grass. Water shall be provided by the Contractor at no additional cost to the airport. 904-2.5 Soil for repairs. The soil for fill and topsoiling of areas to be repaired shall be at least of equal quality to that which exists in areas adjacent to the area to be repaired. The soil shall be relatively free from large stones, roots, stumps, or other materials that will interfere with subsequent sowing of seed, compacting,and establishing turf, and shall be approved by the RPR before being placed. SODDING T-904-1 3903 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual CONSTRUCTION METHODS 904-3.1 General.Areas to be solid, strip, or spot sodded shall be shown on the plans. Areas requiring special ground surface preparation such as tilling and those areas in a satisfactory condition that are to remain undisturbed shall also be shown on the plans or determined by the RPR in the field. Suitable equipment necessary for proper preparation of the ground surface and for the handling and placing of all required materials shall be on hand, in good condition,and shall be approved by the RPR before the various operations are started. The Contractor shall demonstrate to the RPR before starting the various operations that the application of required materials will be made at the specified rates. 904-3.2 Preparing the ground surface.After grading of areas has been completed and before applying fertilizer and limestone, areas to be sodded shall be raked or otherwise cleared of stones larger than 2 inches (50 mm) in any diameter, sticks, stumps, and other debris which might interfere with sodding, growth of grasses,or subsequent maintenance of grass-covered areas. If any damage by erosion or other causes occurs after grading of areas and before beginning the application of fertilizer and ground limestone,the Contractor shall repair such damage. This may include filling gullies, smoothing irregularities, and repairing other incidental damage. 904-3.3 Applying fertilizer and ground limestone. Following ground surface preparation,fertilizer shall be uniformly spread at a rate which will provide not less than the minimum quantity of each fertilizer ingredient, as stated in the special provisions. If use of ground limestone is required, it shall then be spread at a rate that will provide not less than the minimum quantity stated in the special provisions. These materials shall be incorporated into the soil to a depth of not less than 2 inches (50 mm)by discing, raking, or other suitable methods. Any stones larger than 2 inches (50 mm)in any diameter,large clods, roots, and other litter brought to the surface by this operation shall be removed. 904-3.4 Obtaining and delivering sod.After inspection and approval of the source of sod by the RPR, the sod shall be cut with approved sod cutters to such a thickness that after it has been transported and placed on the prepared bed,but before it has been compacted, it shall have a uniform thickness of not less than 2 inches (50 mm). Sod sections or strips shall be cut in uniform widths,not less than 10 inches (250 mm), and in lengths of not less than 18 inches (0.5 m),but of such length as may be readily lifted without breaking,tearing, or loss of soil.Where strips are required,the sod must be rolled without damage with the grass folded inside. The Contractor may be required to mow high grass before cutting sod. The sod shall be transplanted within 24 hours from the time it is stripped,unless circumstances beyond the Contractor's control make storing necessary. In such cases, sod shall be stacked,kept moist, and protected from exposure to the air and sun and shall be kept from freezing. Sod shall be cut and moved only when the soil moisture conditions are such that favorable results can be expected.Where the soil is too dry, approval to cut sod may be granted only after it has been watered sufficiently to moisten the soil to the depth the sod is to be cut. 904-3.5 Laying sod. Sodding shall be performed only during the seasons when satisfactory results can be expected. Frozen sod shall not be used and sod shall not be placed upon frozen soil. Sod may be transplanted during periods of drought with the approval of the RPR,provided the sod bed is watered to moisten the soil to a depth of at least 4 inches (100 mm)immediately prior to laying the sod. The sod shall be moist and shall be placed on a moist earth bed. Pitch forks shall not be used to handle sod, and dumping from vehicles shall not be permitted. The sod shall be carefully placed by hand, edge to edge and with staggered joints,in rows at right angles to the slopes,commencing at the base of the area to be sodded and working upward. The sod shall immediately be pressed firmly into contact with the sod bed by tamping or rolling with approved equipment to provide a true and even surface, and ensure knitting without displacement of the sod or deformation of the surfaces of sodded areas.Where the sod may be displaced during sodding operations,the workmen,when replacing it, shall work from ladders or SODDING T-904-2 3904 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual treaded planks to prevent further displacement. Screened soil of good quality shall be used to fill all cracks between sods. The quantity of the fill soil shall not cause smothering of the grass.Where the grades are such that the flow of water will be from paved surfaces across sodded areas,the surface of the soil in the sod after compaction shall be set approximately one inch(25 mm)below the pavement edge. Where the flow will be over the sodded areas and onto the paved surfaces around manholes and inlets,the surface of the soil in the sod after compaction shall be placed flush with pavement edges. On slopes steeper than one (1)vertical to 2-1/2 horizontal and in v-shaped or flat-bottom ditches or gutters,the sod shall be pegged with wooden pegs not less than 12 inches (300 mm) in length and have a cross-sectional area of not less than 3/4 sq inch(18 sq mm). The pegs shall be driven flush with the surface of the sod. After laying the sod,the Contractor shall secure the sod to be able to withstand wind and jet blast. 904-3.6 Watering.Adequate water and watering equipment must be on hand before sodding begins, and sod shall be kept moist until it has become established and its continued growth assured. In all cases, watering shall be done in a manner that will avoid erosion from the application of excessive quantities and will avoid damage to the finished surface. 904-3.7 Establishing turf. The Contractor shall provide general care for the sodded areas as soon as the sod has been laid and shall continue until final inspection and acceptance of the work. All sodded areas shall be protected against traffic or other use by warning signs or barricades approved by the RPR. The Contractor shall mow the sodded areas with approved mowing equipment, depending upon climatic and growth conditions and the needs for mowing specific areas.Weeds or other undesirable vegetation shall be mowed and the clippings raked and removed from the area. 904-3.8 Repairing.When the surface has become gullied or otherwise damaged during the period covered by this contract,the affected areas shall be repaired to re-establish the grade and the condition of the soil, as directed by the RPR, and shall then be sodded as specified in paragraph 904-3.5. METHOD OF MEASUREMENT 904-4.1 Sod shall be restored in all areas damaged by the Contractor.No measurement shall be made for the sodding including the hauling of material,the placing of material,the staking of sod to withstand wind and jet blast,and watering of material,but it shall be considered necessary and incidental to item P-401-1. BASIS OF PAYMENT 904-5.1 Sod shall be restored in all areas damaged by the Contractor.No payment shall be made for sodding including the hauling of material,the placing of material,the staking of sod to withstand wind and jet blast,and watering of material,but it shall be considered necessary and incidental to item P-401-1. REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. ASTM International(ASTM) ASTM C602 Standard Specification for Agricultural Liming Materials SODDING T-904-3 3905 Key West International Airport 03/23 Monroe County Runway 9-27 Repairs Bid Documents Project Manual Advisory Circulars (AC) AC 150/5200-33 Hazardous Wildlife Attractants on or Near Airports FAA/United States Department of Agriculture Wildlife Hazard Management at Airports,A Manual for Airport Personnel END OF ITEM T-904 SODDING T-904-4 3906 IIII ° IIII iiir °° iiriiir °iiii iir IIII IIIHiq iii Monroe County Runway 9-27 Repairs Construction Safety and Phasing Plan KeyWest International Airport Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Mr. Craig Cates, District 1 Mayor Ms. Holly Raschein, District 5 Mayor Pro Tem Ms. Michelle Lincoln, District 2 Commissioner Mr. Jim Scholl, District 3 Commissioner Mr. David Rice, District 4 Commissioner Prepared by: 7 .j a co S 200 West Forsyth St, Suite 1520 Jacksonville, Florida 32202 904.636.5432 phone, 904.636.5433 fax March 2023 3907 SCOPE OF WORK, GENERAL SAFETY REQUIREMENTS AND GUIDANCE This document covers work at Key West International Airport (EYW) to repair the east end of Runway 9-27. The repair will include milling the existing asphalt to the limits of the first lift and overlaying with asphalt mix pavement. Work is anticipated to start in September 2023 and be completed by December 2023. Access points, staging areas, and haul routes are as shown in Appendix A. All work within this contract will be performed by the contractor at the direction of the Airport with all airfield work coordinated by the Resident Project Representative (RPR). All AOA construction activity is supervised by an Airport Operations Personnel who is fully trained in Part 139, airfield construction management requirements and airfield operating procedures. The Resident Project Representative (RPR), Airport Operations Personnel, or other designated airport representatives with ultimate responsibility to ensure compliance with safety regulations and Airport Rules and Regulations, may order the contractor to suspend operations and move personnel, equipment, and materials to a safe location. Required reference material associated with this safety plan includes: FAA AC 150/5200-18D, Airport Safety Self Inspection FAA AC 150/5370-2G, Operational Safety on Airport During Construction FAA AC 150/5340-1 M, Standards for Airport Markings FAA AC 150/5210-5D, Painting, Marking, and Lighting of Vehicles on an Airport Copies of each of these documents are available at: httiDs-//www.faa.aov/documentLibrarv/media/Advisory Circular/AC 150 5200 18d self in spection rev.pf httr)s-//www.faa.aov/documentLibrarv/media/Advisory Circular/15 -5 7 - .p f https-//www.faa.qov/documentLibrarv/media/Advisory Circular/15 -5 -1 -C g-1- Airgort- ar ings.od https-//www.faa.qov/documentLibrarv/media/Advisory Circular/AC 150 5 1 -5 ep f The following sections of this document describe all aspects concerning the coordination and implementation of the safety plan associated with this project. The sections correspond to those found in Section 2.4 of AC 150/5370-2G. Coordination The contractor will appoint its onsite construction superintendent or other qualified individual as its duly authorized representative to serve as Contractor Safety and Security Officer (CSSO). The CSSO shall be especially knowledgeable regarding the requirements of FAA Advisory Circulars 150/5200-18 -Airport Self Inspection Guide, latest CSPP for Runway 9-27 Repair 1 3908 edition and 150/5370-2 - Operational Safety on Airports During Construction, latest edition. The CSSO shall represent the Contractor on safety and security compliance. The CSSO will accomplish the following: 1. Develop and submit in writing a detailed work schedule with dates and times of all milestone events. 2. Develop and submit in writing a detailed outline of the procedures to be followed to maintain safety and security of both Contractor operations and the integrity of airport landside and airside operations during the prosecution of contract work. 3. Conduct at least one meeting of all Contractor supervisory personnel prior to the start of contract work. The purpose of this meeting is to review the approved Work sequence schedule and safety and security procedures. Attendance at this meeting by the CSSO, all Contractor supervisory personnel and the RPR is mandatory. 4. Develop a safety and security orientation program and provide a briefing for all employees of the Contractor and subcontractors that will be used on the project. 5. Submit a Safety Plan Compliance Document (SPCD) to the RPR describing how it will comply with the requirements of the CSPP and supplying any details that could not be determined before contract award. Before beginning any construction activity, the RPR will instruct and assure that the contractor is aware and understands the safety requirements and hazards described in the Federal Aviation Administration Advisory Circular (AC) 150/5370-2 (latest version), Operational Safety on Airports During Construction. A copy will be provided to the contractor and reviewed at a pre-construction meeting prior to the start of any work. Operational safety shall be an agenda item at the pre-construction meeting. The Contractor shall schedule regular progress meetings throughout the construction of the project. Operational safety shall be a standing agenda item during these meetings. Phasing All work required to complete the project is within the Runway Safety Area (RSA) and will therefore require the nightly closure of Runway 9-27. The construction activities within the RSA shall be completed at night between 11:00 PM and 6:00 AM for Hard Closures and 11:00 PM and 6:00 AM for Scheduled Closures. Refer to Special Provision 12 for more information regarding Hard Closures and Scheduled Closures. The Contractor shall receive prior approval from Air Traffic Control and Airport Operations prior to each shift within the RSA. Open excavations and trenches will not be allowed to remain when the runway is scheduled to re-open. All construction activities will adhere to the construction notes provided on Sheets G003 and G300 included in Appendix A. Areas and Operations Affected by Construction Activity The specific work areas are as follows: CSPP for Runway 9-27 Repair 2 3909 1. Runway 9-27 Safety Area 2. Taxiway A4 Object Free Areas As stated in the Phasing section above, all construction activities will be accomplished during night-time closure of Runway 9-27. The Airport will provide and the Contractor will maintain the Runway Closure Markers (RCMs) throughout the project. The Contractor will not be allowed on the construction site until the RCMs are in place and they have been notified by Airport Operations that they can proceed to the construction site. Any excavations or trenches located within the RSA or TOFA will be covered adequately prior to the end of each work shift. Coverings for open trenches must be designed to allow the safe operation of the heaviest aircraft (737-70OW) operating on the runway and taxiway. The RSA and TSA will not be allowed to have any drop-off greater than 3 inches. The maximum longitudinal grade within the RSA and beyond the Runway threshold shall be minus 3%. The maximum longitudinal grade beyond the RSA shall be plus and minus 5%. Shoulder transverse grades and the first 10 feet outside the shoulder shall be a maximum of minus 5%. Outside of the first 10 feet, the transverse grade shall be a maximum of minus 3%. Any excavations must be temporarily ramped backup to existing grade in all directions. The temporary ramps shall be removed during the work shift when the Contractor is ready to place backfill material. Prior to Runway 9-27 and Taxiway A4 re-opening after a work shift the construction site must be inspected and approved by Airport Operations. The Contractor may, at the discretion of the Airport, be required to provide and maintain an emergency response route through the work area for Airport Emergency Vehicles. The emergency response route must be clearly defined, graded to prevent ponding and able to support the frequent use by Aircraft Rescue and Fire Fighting (ARFF) vehicles. Construction vehicles will give way to emergency vehicles at all times. Parking or staging of any construction equipment or stockpiling of materials blocking the road or access to the road is prohibited. The need to establish an ARFF/Emergency roadway and the status of the route will be coordinated with the Airport, ARFF, and police personnel. NAVAI DS Construction activities associated with this project will not impact any NAVAIDS or any NAVAID critical areas. The Contractor shall have underground electrical utilities located prior to the start of construction and shall protect these utilities from damage at all times. The Contractor shall avoid damaging existing airfield pavement edge lighting. Contractor Access All employees, agents, vendors, invitees, etc. of the Contractor or subcontractors requiring access to the construction site shall conform to the Airport's Security Program. Concerning the staging areas, the Contractor will provide and maintain temporary barricades to secure the construction site, as well as staging areas at all times. CSPP for Runway 9-27 Repair 3 3910 All Contractor traffic at each access gate shall be coordinated by the Contractor with Airport Security. No unauthorized construction personnel or traffic will be allowed onto the airfield. To this end, the Contractor shall establish and maintain a list of Contractor and subcontractor vehicles authorized to operate on the site. The Contractor shall supply this list to the gate guard to keep on hand while guarding an open gate. Contractor Personnel must obtain Security Badges from the Airport Security Office in order to perform the work. The Contractor will be required to badge all employees expected to work more than one day at the project site unless otherwise approved by the Airport. One (1) badged employee may escort up to five (5) un-badged employees that will be on-site for one day or less. Escorted employees must remain within 15 ft of escort, must remain in the control of the badged escort employee at all times and cannot be left unattended on the airfield. The escorted employee must obtain a visitors badge prior to being escorted. All contractor employees must follow EYW ASP accordance and TSA 1542 regulations with regards to Identification Media. Delivery drivers will not be required to be badged. One (1) badged employee with airfield driver training may escort up to three (3) un-badged delivery drivers from the gate to the phasing limits. Location of Stockpiled Construction Materials The Contractor's staging area is located inside the Government Road Gate located at the west end of the airfield. The height of any material stockpiles must not encroach on the Part 77 surfaces or any of the approach surfaces of Runway 9-27. There are no stockpiles or any storage of materials or equipment permitted in the ROFA or TOFA. Stockpiled material must be constrained to prevent its movement as a result of aircraft blast and wind conditions. See section titled `Hazard Marking and Lighting' for requirements for identification of stockpiles. See section titled `Wildlife Management' for provisions to prevent stockpile material from becoming wildlife attractants. See section titled `Foreign Object Debris Management' for provisions to prevent stockpile material from becoming Foreign Object Debris (FOD). Vehicle and Pedestrian Operations Access to the airfield for the construction activities can occur at Government Road Gate (Gate 11) at the west end of the airport or at Gate 1 located south of the project site. CSPP for Runway 9-27 Repair 4 3911 From Government Gate, access is allowed along Haul Road — West through a second gate, Gate 11, and continuing on to the airfield. A Contractor's flagman shall monitor and coordinate all Contractor traffic at each gate. For Gate 1, access is allowed along Haul Road — East (going through Stickney Lane), down Taxiway A4 and on to the airfield. A Contractor's flagman shall monitor and coordinate all Contractor traffic and each gate and along the route. The AOA Gates must remain locked and secure at all times. The Contractor must verify that the access gates are locked at the end of each work shift. The Contractor must provide a gate guard to be posted at the gate to allow the gate to remain open. The Contractor must hire a Monroe County Sheriff's Officer (MCSO), Airport Security Office Technician (AST), or Deputy as a Gate Guard and must coordinate with the Airport's MCSO Lieutenant. If an MSCO, AST, or Deputy is not available, the Contractor may hire a gate guard that is approved by Airport Operations. The Contractor's guard must also be trained by MSCO prior to their first shift. All Contractor personnel authorized to travel on the airport shall have been briefed as part of the Contractor's construction safety and security orientation program. The Contractor shall install directional signing from the access gate along the route to the staging area or work site as directed by the RPR. The Contractor shall also install work site identification signs at the authorized access points. Contractor personnel will not be permitted to drive their individually owned vehicles to any construction site on the airport under any circumstances. Contractor employee vehicles shall be restricted to the Contractor's staging area and not allowed on the AOA at any time. Material suppliers, subcontractors and visitors to the construction site must follow the same safety and security procedures as the Contractor. The Contractor's vehicles operating on the airfield shall display above the vehicle a flashing amber (yellow) dome-type light or three-foot by three-foot orange and white checkerboard flag. Two-Way Radio Communications The Contractor's vehicles must be under the control of a contractor mobile (two-way) radio operator (flagmen) monitoring the Airport frequency. All Contractor vehicles required to operate outside the construction area limits as shown in the contract plans must be under the direct control of a flagman monitoring the Airport frequency. Flagmen and two-way radios will be furnished by the Contractor. Flagmen shall be instructed in the use of two-way radios prior to using them on the airfield. CSPP for Runway 9-27 Repair 5 3912 Airport Security For additional Airport security information, see "Contractor Access" and "Vehicle and Pedestrian Operations" sections above. The Contractor has the option of hiring their own security guard or an extra security guard during larger scale events. The security guard must be trained by MCSO prior to their first shift and approved by Airport Operations. Contractor, subcontractor, and supplier employees or any airport personnel will be restricted from entering an airport area that would be hazardous. The Contractor, staff, employees, sub-contractors, delivery and haul operators, or anyone required to enter the Air Operations Area related to the contract work, is required to produce valid government issued photo identification. The Contractor is required to supply daily lists of all workers as well as list of all planned or anticipated deliveries. All vehicle operators must have, in their possession and produce on request, a valid driver's license. Individual Contractor Identification is required for each worker. Identification badges are to be displayed on their outermost garment above the waist at all times. The Contractor Identification Badge shall be a minimum of 2" x 2" in size and include the following: • Minimum 1" x 1" current color photo of the individual • Company name (and/or subcontractor where applicable) • Person's name • Unique badge number • Expiration date in accordance with the contract No temporary construction gates are permitted through the airport perimeter security fence. All access to the AOA will be via designated access gates as described in the above subsection `Vehicle and Pedestrian Operations.' Altering or any impact to the security fencing requires continuous monitoring by Airport Operations staff or designee and the fence must be restored at the end of the work period. Security fence that is relocated to permit construction activity shall meet airport perimeter security fence requirements. Temporary, non-compliant fencing requires continuous monitoring by Airport Operations staff or designee. Wildlife Management No food or food related debris is to be left on the site or disposed of on a construction site. The contractor will be directed to maintain construction sites, haul routes, stockpiles, and storage areas in compliance with the Airport Wildlife Hazard Management Plan. Ensure dumpsters are secured and/or covered. CSPP for Runway 9-27 Repair 6 3913 Foreign Object Debris Management The contractor shall be educated regarding airfield work and FOD including dust control. The Contractor shall provide two vacuum trucks as required at the start of construction to daily vacuum all pavements affected by construction. The second vacuum truck will be the back-up in the event of a mechanical issue with the primary vacuum truck. The vacuum truck shall remain on-site for the duration of the project and shall be available at the discretion of the RPR to vacuum pavement areas adjacent to the construction areas to ensure no FOD is present on pavements within 500 feet of any construction area. Ensure all vehicle loads are secured and/or covered during transport. Waste and loose material must not be placed in active movement areas. Materials tracked onto movement areas must be removed continuously during the work project. Provide continuous clean-up operations including vacuum sweepers for all haul operations or other related traffic to and from the work site. The Contractor will control dust and debris from the construction operations to a level acceptable to the RPR. Hazardous Materials Management The Contractor shall develop HAZMAT management plans and keep copies on the jobsite of material safety data sheets (MSDS) for all materials handled on the jobsite. Notification of Construction Activities All runway and taxiway closures will be coordinated with the RPR. The Contractor must contact the RPR a minimum of 72 hours in advance of any requested closing. The Contractor is advised that all closures are contingent on review and approval by the RPR. The Contractor shall designate a primary and alternate employee to be the responsible Contractor's representative. Each of these designees will be available locally on a 24- hour basis. The names and phone numbers of each of these designees will be made available to the RPR. Points of contact for this contract: - RPR: TBD - Airport Operations office: 305-809-5202 - ARFF Contact: 305-809-5220 NOTAMs will be issued and updated by the Airport with the latest airport construction information. The Contractor has no involvement in the NOTAM process. The Contractor coordinates all work through the RPR who is responsible to coordinate all work with the Airport. CSPP for Runway 9-27 Repair 7 3914 The NOTAM system will be supplemented with an appropriate Aeronautical Construction Notice disseminated to the ATC, all tenants and ARFF personnel. The notice is a text and graphical depiction of airport construction activity in accordance with CERTALERT 07-01 The contractor will be supplied with and required to keep posted at each work site the following emergency numbers: - 911 for medical, fire and police emergencies. - Key West Police Department: 305-292-4625 - Key West Fire Department: 305-292-8145 - Lower Keys Medical Hospital: 305-294-5531 - Monroe County Animal Care & Control: 305-294-4857 Inspection Requirements The Contractor is responsible to perform routine onsite safety inspections with the RPR throughout the project and address any deficiencies, whether caused by negligence, oversight, weather, airport operations or project scope change. The RPR will arrange for inspections prior to return to service of any facility, that has been closed for work, on or adjacent thereto, or that has been used for a crossing point or haul route by the Contractor. Underground Utilities Contractor is required to comply with all airport safety provisions, permit and certification requirements such as underground utility mark-out, electrical circuit shutdown, welding, confined-space etc. The Contractor will obtain underground clearance from all utility companies at least 48 hours prior to beginning any construction. The Contractor shall obtain a Sunshine State One Call of Florida, Inc. certification clearance number and field markings at least 48 hours prior to beginning any excavation. Sunshine State One Call of Florida: 811 The Contractor shall maintain a list of all utility owners and contact information for each utility owner. The Contractor shall notify utility owners in the event of any accidental disruption of their respective utility. Penalties Noncompliance by the Contractorwith airport rules and the regulations or failure to comply with the Airport's approved CSPP may result in fines as allowed by law. CSPP for Runway 9-27 Repair 8 3915 Special Conditions Airport runways, taxiways and ramp areas will remain in use by aircraft to the maximum extent possible. Contractor's operation will be controlled to minimize disturbance to aircraft area including dust control procedures and debris control. The Contractor will be required to provide and maintain lighting, and/or signs adjacent to the work area or any lighting and signage affected by electrical work related to the contract work. Contractor, construction employees, sub-contractors, delivery and haul operators, or any other support workers required to enter the AOA related to contract work will be required to wear a reflective safety vest, day or night. In addition, all personnel are required to wear appropriate personal protective equipment (PPE) for the work they are performing. Runway & Taxiway Visual Aids — Marking, Lighting, Signs & Visual NAVAIDs No alterations to existing taxiway lights, runway edge lights, runway threshold lights and existing NAVAIDS are required for this project. Marking and Signs for Access Routes The Contractor shall mark and sign the access routes as directed by the RPR and stated above in the section titled 'Contractor Access' above. Signs shall conform to the Federal Highway Administration Manual on Uniform Traffic Control Devices and/or State highway specifications. Refer to Sheets G003, G300 and G310 in Appendix A for more information. Hazard Marking and Lighting Proper marking and lighting of areas on the airfield associated with the construction shall be the responsibility of the Contractor and shall be described by the SPCD. This will include properly marking and lighting closed runways, taxiways, taxilanes, and aprons, the limits of construction, material storage areas, equipment storage areas, haul routes, parking areas and other areas defined as required for the Contractor's exclusive use. The Contractor shall erect and maintain around the perimeter of these areas suitable marking and warning devices visible for day and night use. Temporary barricades, flagging, and flashing warning lights shall be required at critical access points. The type and location of marking and warning devices will be approved by the RPR. Special emphasis shall be given to open trenches, excavations, heavy equipment marshalling areas, and stockpiled material located in the airport operations area, which shall be predominantly marked by the Contractor with flags and lighted by approved light units during hours of restricted visibility and darkness. All marking shall be in accordance with FAA Advisory Circular (AC) 150/5340-1 M or latest edition. All Air Operations Areas not in compliance with FAR Part 139 will be closed, secured and appropriate notification disseminated. Access to hazardous areas will be restricted and all CSPP for Runway 9-27 Repair 9 3916 hazards shall be marked with a combination of barricades, traffic cones and/or flashing red lights in order to make the hazard obvious to aircraft, personnel, and vehicles. Hazards such as open utility covers, areas under repair and stockpiled materials will be marked and lighted. Barricades and signs affixed to the surface must be frangible at grade level or as low as possible, but not to exceed 3 inches above the ground. Traffic cones may also be used as approved by Airport Operations. Non-frangible hazard barricades such as concrete barriers, 12x12 railroad ties and/or metal-drum-type barricades are not to be used in aircraft movement areas per coordination with and approval from the RPR. Ensure adequate distance for aircraft engine blast protection within the work site is provided. All barricades must be weighted or sturdily attached to the surface to prevent displacement from prop wash, jet blast, wing vortex, or other surface wind currents. All barricades will be continuous and securely connected together unless the contract drawings specifically permit spacing. Spacing of barricades, when permitted, will be no greater than four feet. Barricades and red flashing lights are required for Taxiway closures as directed by the RPR. The contractor may be directed to supply and place signs and other construction barricades to completely enclose a staging or construction area. All barricades, temporary markers, and other objects placed adjacent to safety areas associated with any open runway, taxiway, or taxilane must be as low as possible to the ground; of low mass; and easily collapsible upon contact with an aircraft or any of its components. The contractor will be required to supply and place orange traffic cones, flashing red lights, collapsible barricades marked with diagonal, alternating orange and white stripes as directed by the RPR. The contractor shall designate a primary and alternate contact from among the Contractor's personnel to be available on a 24-hour basis to be responsible for the maintenance of hazard lighting and marking equipment. The names and phone numbers of the designees will be made available to the RPR. Protection of Runway and Taxiway Safety Areas The Contractor shall establish a system of visual aids for marking and delineating the limits of required clearances adjacent to active taxiways, runways, and navaids during construction. The system shall be easily distinguishable during both day and nighttime construction. The Contractor shall submit a detailed plan describing this system of visual aids to the RPR for approval prior to the beginning of construction. CSPP for Runway 9-27 Repair 10 3917 No work is permitted within 200 feet of an open runway centerline or 85.5 feet of an open taxiway centerline. Work within these areas can only be performed during closure of the subject runway or taxiway. See section titled `Notification of Construction Activities' for more information on obtaining runway and taxiway closures. Open trenches or excavations are not permitted within the TSA, or TOFA while the associated runway or taxiway is open. Trenches must be backfilled, if possible, prior to reopening of the taxiway. If not possible, trenches must be covered in such a way as to allow the passage across the trench of the heaviest aircraft operating on the taxiway without damage to that aircraft. Trenches, excavations or other hazards will be marked and/or lighted in accordance with the section titled `Hazard Marking and Lighting.' Runway and taxiway safety areas disturbed by construction work or activity will be graded and continuous measures taken to prevent erosion by water, wind or blast. Equipment, vehicles and materials, not being utilized in the immediate future in the work area must be removed and stored at a remote site not on the AOA. Construction equipment must be removed from the Runway Object Free Area (ROFA) when not in use. Material should not be stockpiled in the ROFA if not necessary. If material does require stockpiling in the ROFA, an FAA 7460-1 form must be submitted to and approved by the FAA Airports Regional or District Office. Construction equipment will not be parked on the AOA in a safety area or obstacle free area. Site storage of supplies and equipment requires approval by the RPR. All site storage containers must have company name and 24-hour contact number clearly displayed. All containers, equipment and/or supplies will be located in designated and defined contractor staging area clear of all airport safety areas, object/obstacle free zones, obstruction restrictions, movement areas and clear of aircraft engine blast criteria. All equipment, supplies and excess materials shall be returned to the contractor's staging area at the end of each work period Work will be limited to outside of the approved TOFA, as shown on the approved airport layout plan—unless the taxiway is closed or restricted to aircraft operations, requiring a lesser standard TOFA that is equal to the TOFA available during construction or within the restrictions for closure for the specific taxiway between the hours of 11.00 PM and 6.00 AM for Hard Closures and 11.00 PM and 6.00 AM for Scheduled Closures, coordinated through the RPR and Airport Operations. Work will be limited to outside of the approved RSA, as shown on the approved airport layout plan—unless the runway is closed between the hours of 11.00 PM and 6.00 AM for Hard Closures and 11.00 PM to 6.00 AM for Scheduled Closures and coordinated through the RPR and Airport Operations. CSPP for Runway 9-27 Repair 11 3918 Prevent personnel, material, and/or equipment, from penetrating the Obstacle Free Zone (OFZ) as defined in the Federal Aviation Administration Advisory Circular AC 150/5300- 13 Airport Design, Paragraph 306, "Obstacle Free Zone". Runway thresholds must provide an unobstructed approach surface over equipment and materials. Construction activity will be limited in order to provide Part 77 Obstruction clearances. Other Limitations on Construction Open flame welding or torch cutting operations are prohibited unless adequate fire safety precautions are provided and these operations have been authorized by the RPR. A permit is also required for these activities. A permit is required for any interference with any life-safety system, e.g. fire hydrants. Work involving any life-safety system must be coordinated through the RPR. Crane booms shall be obstruction marked and lighted. Cranes working during periods of darkness or low visibility shall be fitted with a red light illuminating the crane boom. These red light beams shall be aimed and shielded so as not to shine toward aircraft in the area. The Contractor shall provide contact information for a Contractor's employee who is on- call 24 hours per day and seven days per week for emergency maintenance of obstruction markings and flood lights. The use of flare pots within the AOA at any time is strictly prohibited. The use of electrical blasting caps on or within 1,000 feet of airport property is strictly prohibited. DEFINITIONS AIR OPERATIONS AREA (AOA): Any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. The air operations area includes all areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runways, taxiways, or aprons. The AOA is further defined into movement and non-movement areas. CONSTRUCTION: The presence and movement of construction-related personnel, equipment, and materials in any location. MOVEMENT AREA: The runways, taxiways, and other areas of an airport that are used for taxiing or hover taxiing, air taxiing, takeoff, and landing of aircraft, exclusive of loading ramps and aircraft parking areas. NON-MOVEMENT AREA: Loading ramps and aircraft parking areas, restricted vehicle service roads and tenant ramp and lease-hold areas. OBSTRUCTION: Any object/obstacle exceeding the obstruction standards specified by 14 CFR part 77, subpart C or any object/vehicle/equipment higher than 25 feet. CSPP for Runway 9-27 Repair 12 3919 OBJECT-FREE AREA (OFA): An area on the ground centered on the runway, taxiway, or taxilane centerline provided to enhance safety of aircraft operations by having the area free of objects except for those objects that need to be located in the OFA for air navigation or aircraft ground maneuvering purposes (see AC 150/5300-13, Airport Design, for additional guidance on OFA standards and wingtip clearance criteria). OBSTACLE-FREE ZONE (OFZ): The airspace below 150 feet (45m) above the established airport elevation and along the runway and extended runway centerline that is required to be clear of all objects, except for frangible visual NAVAIDs that need to be located in the OFZ because of their function, in order to provide clearance protection for aircraft landing or taking off from the runway and for missed approaches (refer to AC 150/5300-13 for guidance on OFZs). RESIDENT PROJECT REPRESENTATIVE (RPR): Individual appointed to represent the airport in all field construction matters during this project. RUNWAY SAFETY AREA (RSA): A defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway, in accordance with AC 150/5300- 13B (or latest edition). TAXIWAY SAFETY AREA (TSA): A defined surface alongside the taxiway prepared or suitable for reducing the risk of damage to an airplane unintentionally departing the taxiway, in accordance with AC 150/5300-13B (or latest edition). THRESHOLD: The beginning of that portion of the runway available for landing. In some instances, the landing threshold may be displaced. 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Forsyth St., Suite 1520 Jacksonville, FL 32202 904.636.5432 April 17, 2023 Addendum No. 2 EYW—Runway 9-27 Repairs Bid Opening May 2nd. 2023 Page 1 of 2 3925 1461Bice...pf...IRe u lll..follr„ Ilrn elllillli e Sallliaurllhalllioins ein uurn . 2 IKey eslll� Illunlll�erunalll�iaunalll Alirpoid Monroe County Runway 9-27 Repairs The attention of Bidders submitting proposals for the subject Contract is called to the following Addendum to the Proposal, Specifications,and Drawings. The revisions set forth herein,whether of omission,addition, or substitution are to be included in and form a part of the Proposal submitted. THE ADDENDUM MUST BE ACKNOWLEDGED IN SECTION H OF THE PROJECT MANUAL. 1. Project Manual,Volume 1 1.1 This Addendum No. 2 does not include any changes to the Project Manual,Volume 1. 2. Project Manual,Volume 2 2.1 This Addendum No. 2 does not include any changes to the Project Manual,Volume 2. 3. Construction Plans 3.1 This Addendum No. 2 does not include any changes to the Construction Plans. 4. Questions 4.1 This Addendum No. 2 does not include questions. 5. Pre-Bid Conference Materials 5.1 Pre-Bid Conference Sign-In Sheet,Addendum No. 2,Attachment No. 1 5.2 Pre-Bid Conference Agenda,Addendum No. 2,Attachment No. 2 5.3 Pre-Bid Conference Presentation,Addendum No. 2,Attachment No. 3 6. This Addendum No. 2 consists of 9 pages and 3 attachments. END OF ADDENDUM No. 2 Addendum No. 2 EYW—Runway 9-27 Repairs Bid Opening May 2nd. 2023 Page 2 of 2 3926 ATTACHMENT 1 KeyWest ,jacobs [akernatla��alA9rport MONROE COUNTY, FLORIDA KEY WEST INTERNATIONAL AIRPORT Runway 9-27 Repairs Pre-Bid Conference April 121h, 2023 at 2:00 PM SIGN-IN SHEET Name Agency/Company P on No, Email Address U11 4c,1A \i60 3c -3c y.zy c.z Jgst*A e 0, it 1 n . c-0 P. jai a, 6 W i iG 1� 5 S ��Y� co f<<i ; kg666 , 4a.-. W N 4 ATTACHMENT 2 Key West 7 '"�' A"'``u z «r'k MONROE COUNTY, FLORIDA jacobs KEY WEST INTERNATIONAL AIRPORT Runway 9-27 Repairs Pre-Bid Conference April 121h, 2023 at 2:00 PM Construction Trailers 1. Introductions—Owner-Monroe County, Consultant-Jacobs 2. Bid Opening—The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on May 2nd, 2023. You may call in by phone or internet using the following: Join Zoom Meeting https://mcbocc.zoom.us/I/4509326156 Meeting ID: 4509326156 One tap mobile: 16465189805„4509326156#US(New York) +16699006833„4509326156#US(San Jose) Dial by your location: +1 646 518 9805 US(New York) +1 669 900 6833 US (San Jose) 3. Bid Documents 4. Federal Provisions 5. Airport Security a. Badges b. Gate Guard 6. Project Description a. Runway 9-27 Repairs i. Asphalt Pavement Mill/Overlay ii. Grooving iii. Pavement Marking 7. Project Access/Staging Area 8. Project Phasing a.Phase 1 — Mill and Overlay (15 Calendar Days) i. Pave 2.5" Asphalt Lift and Transition Ramps ii. Temporary Pavement Marking iii. Mill0.51, iv. Pave 2" Asphalt Lift and Transition Ramp v. Apply 50%Application Final Pavement Marking b. Phase 2 — Pavement Cure Time (30 Calendar Days) c. Phase 3 — Final Pavement Marking and Grooving (15 Calendar Days) i. Grooving ii. Final Pavement Marking Pre-Bid Conference Page 1 of 2 Runway 9-27 Repairs April 12tr 3928 Key West International Mrport G, MONROE COUNTY, FLORIDA Jacobs 9. Work Hours a.Hard Construction Closures i. 11:00 PM — 6:00 AM ii. Cannot be delayed due to aircraft operations 10. Construction Schedule— a. Contract Award — No later than 120 calendar days from Bid Opening b. Notice to Proceed Administrative—Anticipated August 2023 c. Notice to Proceed Construction - Anticipated September 2023 11. Liquidated Damages— a.Failure to Re-Open Work Areas under Phases 1 and 3 as outlined in Phasing Plans i. $100/minute beyond 6:00 AM for the first 15 minutes ii. $2,000/15 minutes beyond the first 15 minutes b. Failure to Complete within Contract Time (60 calendar days fixed from when the Notice to Proceed Construction is received) i. $5,000/day 12. Protection of Underground Utilities & Cables 13. Permits 14. Quality Control/Quality Assurance a.Tierra South Florida will be conducting the QA Testing 15. Site Visit 16. Project Questions/Addenda— Deadline for questions—5:00 PM, Tuesday, April 181h 2023 a.Last Addendum to be issued no later than April 25th® 2023 Pre-Bid Conference Page 2 of 2 Runway 9-27 Repairs April 12tr 3929 M M M a MINION" Owner of the Project—Monroe County, Florida olr„�m(,kN1WINd' y �;� o w J raer N�Zn • Richard Strickland—Director of Airports • Erick D'Leon—Assistant Director of Airports • Cale Hartle—Operations and Security Manager °r Consultant—Jacobs • Chris Bowker—Program Manager Lasa Ennis—Project9 9 9 Manager/Design er/Desi n Engineer 11 � �� o i�rc v h�l�lliilrill�� 1 2 • •�- • �. - • • • ��� � • • �• — ( � ;�,J� of Bids Due:Tuesday, May 2"d,2022,at 3:00 PM Plans and Specifications, Dated March 2023 The bid opening for this solicitation will be held virtually,via the internet,at 3:00 Addenda P.M.,on May 2,2022. You may call in by phone or internet using the following: Join Zoom Meeting www.demandstar.com M42 /(r,n,mr =m iLs-/iLt�Q-321LUiEl www.monroecountybids.com Meeting ID:4509326156 Unit Price Contract One tap mobile: 5%Bid Bond +16465189805„4509326156#US(New York) 5%DBE Goal +16699006833„4509326156#US(San Jose) Dial by your location: Insurance/Payment&Performance Bonds +1 646 518 9805 US(New York) Federal Grant Requirements(Davis-Bacon Act,EEO, Buy +1 669 900 6833 US(San Jose) American,etc.) .✓acolbs vacolbs 3 4 MEMEIM —�— • • • ( � -, J of • Certification Regarding Debarment,Suspension, 1— Ineligibility And Voluntary Exclusion w „s • Certification Regarding Foreign Trade Restrictions ud„ • • Certification Regarding Equal Employment Opportunity •Wage,Labor, EEO,Safety And General Requirements • Davis-Bacon Act Requirements • Contract Work hours And Safety Standards Act n�•,F�,,,,r, Requirements Jacobs Jacobs 5 6 1 M M M � f •Clean Air And Water Pollution Control Requirements Project consists of the repair of the eastern portion of Runway 9-27(approx • Requirements of the Civil Rights Act Of 1964,Title VI 725'x 100'area)as well as a portion of Taxiway A4. • Buy American-Steel And Manufactured Products For General Project Elements: Construction Contracts Asphalt Milling Aspha• Equal Employment Opportunity Groovi Paving • Grooving • E-Verification—Confirm employment eligibility of all Pavement Marking employees and all persons(including subcontractors) assigned to this contract(www.uscis.gov/e-verify) Jacobs Jacobs, 7 8 ry — — „s - - _ f 11 1 1111111Tsrorn1E Jacobs vacobs 9 10 •• — ��� — • • — • • ( � -, J of •Contractor personnel must obtain SIDA badge from w Proeot Airport Security in order to perform work • Badge all employees expected to work more than one day •One badged employee may escort up to five un-badged f' employees that will be on site Tess than one day. Escorted employees cannot be left unattended and must be in close proximity to the badged employee •Vehicles must display necessary identification • Phase 1 —Mill and Overlay(15 Calendar Days) •Contractor must hire a gate guard • Phase 2—Pavement Cure Time(30 Calendar Days) • Phase 3—Final Pavement Marking and Grooving (15 Calendar Days) %Jacobs vacobs 11 12 2 N M E_ M M M I W �i I Ell I E—I EMENU A All work will require nighttime closures of airfield operational areas and Phase 1—Mill and Overlay(15 Calendar Days) work will occur between 11:00 PM and 6:00 AM. 1. Mill 4" 2. Pave 2.5"Asphalt Lift and Transition Ramps After hard closures,a pre-opening inspection is required and will be 3. Apply Temporary Pavement Marking performed with the contractor,airport operations and the RPR 4. Mill 0.5" 5. Pave 2"Asphalt Lift and Transition Ramp The contractor shall complete all work associated with this project in all 6. Apply 50%Application Final Pavement Marking phases within 60 consecutive calendar days of Construction NTP.The anticipated NTP for construction is September 2023. Phase 2—Pavement Cure Time(30 Calendar Days) Phase 3—Final Pavement Marking and Grooving(15 Calendar Days) 1. Grooving 2. Apply 100%Application Final Pavement Marking Jacobs Jacobs, 13 14 • — • • • • �� � • • —• ( J of • Notice to Proceed Administrative(Permits/Submittals) • No work can occur outside hours listed in contract documents • 30 Calendar Days • Notice to Proceed Construction • Closures will be nightly per contract documents • 60 Consecutive Calendar Days • Contractor shall not enter the RSA or TOFA without authorization Contract Schedule from Airport Operations and RPR Contract Award — No later than 120 calendar days from Bid Opening • Notice to Proceed Administrative(Perm its/Submittals) —Anticipated August2023 • Notice to Proceed Construction — Anticipated September 2023 %Jacobs vacobs 15 16 I MEMO" • — • • _ I(�1!f�`I�-,�, J of Failure to Re-Open Work Area as outlined in Phasing Plans • Locate and protect from damage all existing utilities in the $100 per minute beyond 6:00 AM for the first 15 minutes construction area,including,but not limited to: $2,000 per 15 minutes beyond the first 15 minutes that work o Monroe County area re-opening time isn't met o FAA Failure to Complete within Contract Time o Keys Energy Services $5,000 per day for failure to complete Construction within the 60 Calendar Days from Notice to Proceed Construction yAlways call 811 two full business days before you dig � �`yam'� ' l:�I:.JLL.�:�LJ_L.D t = It 11 .✓acolbs vacolbs 17 18 3 M M M M Contractor will be responsible for performing Quality Control(Q/C) No site visit will be held for this project. Testi ng Owner's Representative(Jacobs/RDM/Tierra South Florida)will perform Quality Assurance(Q/A)Testing Contractor will need to provide their overall Q/C plan as outlined in the General Provisions. The Q/C plan will be submitted to the FAA as part of the Construction Management Plan. .Jacobs Jacobs 19 20 Addenda will be distributed to firms or individualswho have obtained the Contract Documents and Technical Specifications from DemandStar by Onvia. All questions shall be submitted via e-mail to o Lasa Ennis,P.E.,Jacobs o Lasa.EnniSr�ia cobs.com Deadline for questions: o Tuesday Thursday,April 181h,2023,no later than 5:00 pm o Last Addendum to be issued no later than April 251h,2023 It .Jacobs 21 4 III °iliii f IIII u i il� ii iliiril1 Illli1 iiri il11 1 iir a iiirm # III i Illliiir °i ilriiir iliii iir IIIIAil]qjpoil Monroe County Runway 9-27 Repairs Key West 4nma�1"" , international Airport Prepared for: THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Mr. Craig Cates, District 1 Mayor Ms. Holly Raschein, District 5 Mayor Pro Tem Ms. Michelle Lincoln, District 2 Commissioner Mr. Jim Scholl, District 3 Commissioner Mr. David Rice, District 4 Commissioner Prepared by: .jacobs 200 W. Forsyth St., Suite 1520 Jacksonville, FL 32202 904.636.5432 April 26, 2023 Addendum No. 3 EYW—Runway 9-27 Repairs Bid Opening May 4',2023 Page 1 of 2 3934 1461Bice...pf...IRe u lll..follr„ Ilrn elllillli e Sallliaurllhallhioins ein uurn #3 IKey eslll� Illunlll�erunalll�iaunalll Alirpoid Monroe County Runway 9-27 Repairs II"l I E III i III 0 J'// III i lll"T I"^11d 1)":III 0 I%/1, "1u) The attention of Bidders submitting proposals for the subject Contract is called to the following Addendum to the Proposal, Specifications,and Drawings. The revisions set forth herein,whether of omission,addition, or substitution are to be included in and form a part of the Proposal submitted. THE ADDENDUM MUST BE ACKNOWLEDGED IN SECTION H OF THE PROJECT MANUAL. 1. Project Manual,Volume 1 1.1 This Addendum No. 3 does not include any changes to the Project Manual,Volume 1. 2. Project Manual,Volume 2 2.1 This Addendum No. 3 does not include any changes to the Project Manual,Volume 2. 3. Construction Plans 3.1 This Addendum No. 3 does not include any changes to the Construction Plans. 4. Questions 4.1 Question 1: Since a site walk was not provided at pre-bid meeting, can you provide some photos of the current site conditions? Answer 1:Photos of current site conditions are provided in Attachment No. 1. 4.2 Question 2: Sheet C200 states that existing light fixtures are required to be removed and stored. Will it be allowed to install temporary protection in place instead? Answer 2: Temporary protection shall not be permitted. Existing light fixtures adjacent to active paving operations must be removed and stored. 4.3 Question 3: With the way this project is designed to be paved, is it required that the transverse joints in adjacent lanes be offset a minimum of 10 feet,per Spec section 401 part 4.12? Answer 3:No, the requirement for a minimum offset for transverse joints in adjacent lanes does not apply for this project. 5. This Addendum No. 3 consists of 14 pages and 1 attachment. 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