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Item H5
H5 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting May 15, 2024 Agenda Item Number: H5 2023-2494 BULK ITEM: No DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland N./A AGENDA ITEM WORDING: Approval to waive the Monroe County Purchasing Policies and approve a contract with sole source vendor G&S Mechanical USA, Inc. in the amount of$2,229,320.00 to upgrade the Outbound Baggage Handling System (BHS) at the Key West International Airport. The Agreement is funded by FDOT Grant Contract GIV31 (50%) and Airport Operating Funds (50%). ITEM BACKGROUND: The BHS at EYW was installed by G&S and subsequently upgraded pursuant to an agreement approved on July 17, 2019. The BHS contains proprietary software and hardware components. PREVIOUS RELEVANT BOCC ACTION: A small contract with G&S was approved in August, 2023, in the amount of$86,980.00 to provide 60% construction drawings. The cost to bring the design to 100% completion when added to the cost of the first phase exceeded $100,000.00 which received BOCC approval on January 31, 2024. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: New Agreement. STAFF RECOMMENDATION: Approval. DOCUMENTATION: G & S Mechanical m EYW Outbound Baggage System m Front End Documents DIII April 2024 2064 Final.pdf G & S Mechanical - EYW Outbound Baggage System - Front End Documents DIV April 2024 Final.pdf G & S Mechanical - EYW Outbound Baggage System - Front End Documents DIV Att. A April 2024 Final.pdf G & S Mechanical - EYW Outbound Baggage System - Front End Documents DIV V April 2024 Final.pdf G & S Mechanical - EYW Outbound Baggage System - Signed contract. 4_29_24.pdf FINANCIAL IMPACT: TOTAL COST $2,229,320.00 FUNDING SOURCE: FDOT Grant Contract GIV311 (50%) and Airport Operating Fund 404 (50%) Effective date: Upon Notice to Proceed (NTP) Expiration date: 365 days after NTP 2065 GENERAL PROVISIONS 2066 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-2 2067 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System D I V I S I O N I I I GENERAL PROVISIONS SECTION 10 - DEFINITION OF TERMS...................................................................................111-5 SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS......................................111-11 SECTION 30 -AWARD AND EXECUTION OF CONTRACT.................................................111-14 SECTION 40 - SCOPE OF WORK..........................................................................................111-15 SECTION 50 - CONTROL OF WORK.....................................................................................111-19 SECTION 60 - CONTROL OF MATERIALS...........................................................................111-26 SECTION 70 - LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC ....................111-30 SECTION 80 - PROSECUTION AND PROGRESS................................................................111-43 SECTION 90 - MEASUREMENT AND PAYMENT.................................................................111-51 SECTION 100 - CONTRACTOR QUALITY CONTROL PROGRAM .....................................111-59 SECTION 110- METHOD OF ESTIMATING PERCENTAGE OF MATERIALS WITHIN SPECIFICATION LIMITS (PWL) ..........................................111-69 SECTION 120 - NUCLEAR GAUGES.....................................................................................111-77 SECTION 130 - SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION .............111-79 SECTION 140 - GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS....................................111-81 SECTION 150 - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM .......................111-91 SECTION 160 - CONSTRUCTION CONTRACT CLAUSES AIRPORT IMPROVEMENT PROGRAM.............................................................111-110 SECTION 170 - BUY AMERICAN PREFERENCES.............................................................111-141 GENERAL PROVISIONS III-3 2068 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-4 2069 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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: 10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO. 10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10-03 ADVERTISEMENT. A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 ADDENDUM. A modification of the plans or other Contract documents issued by the Owner or his designated representative and distributed to prospective bidders prior to the opening of the proposal. 10-05 AIP. The Airport Improvement Program, a grant-in-aid program, administered by the Federal Aviation Administration. 10-06 ADVISORY CIRCULAR.-A document issued by the FAA containing informational material and guidance, when referred to in the drawings (Plans) and Specifications, advisory circulars shall have the same force as supplemental Specifications. 10-07 AIR OPERATIONS AREA. For the purpose of these specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft, and contiguous safety areas. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the landing, takeoff, or surface maneuvering or aircraft, and contiguous safety areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10-08 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any. 10-09 ASTM. The American Society for Testing and Materials. 10-10 AWARD. The acceptance, by the owner, of the successful bidder's proposal. GENERAL PROVISIONS III-5 2070 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 10-11 BID BOND (PROPOSAL GUARANTY). The security furnished with a proposal to guarantee that the bidder will enter into a contract if his proposal is accepted by the Owner. 10-12 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. 10-13 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. 10-14 CALENDAR DAY. Every day shown on the calendar. 10-15 CERTIFICATES OF COMPLIANCES. Written statements by the manufacturer stating the material furnished is in conformance with the Specifications. 10-16 CHANGE ORDER. A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the scope of the contract. 10-17 CONTRACT. The written agreement covering the work to be performed. The awarded contract shall include, but is not limited to: The Advertisement; The Contract Form; The Proposal; The Performance Bond; The Payment Bond; any required insurance certificates; The Specifications; The Plans, and any addenda issued to bidders. 10-18 CONTRACT DOCUMENTS.The written agreement covering the work to be performed. The awarded Contract shall include, but is not limited to: the Invitation for Bids; the Bid Documents, the Contract form; the Proposal, the Schedule of Bid Items; the Proposal Bond; the Contract Bond, the Labor and Materials Bond; any required insurance certificates; the General and Special Provisions; the Technical Specifications; the Plans; any addenda issued to Bidders; and any Change Orders issued to the Contractor. 10-19 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the contract. 10-20 CONTRACT TIME. The number of calendar days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar, the contract shall be completed by that date. GENERAL PROVISIONS III-6 2071 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 10-21 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work. 10-22 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area. 10-23 ENGINEER. The individual, partnership, firm, or corporation duly authorized by the owner (sponsor) to be responsible for engineering supervision of the contract work and acting directly or through an authorized representative. 10-24 EQUIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-25 EXTRA WORK. An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Engineer to be necessary to complete the work within the intended scope of the contract as previously modified. 10-26 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his/her duly authorized representative. 10-27 FDOT. The State of Florida Department of Transportation. 10-28 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. 10-29 INSPECTOR. An authorized representative of the Engineer assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. 10-30 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the words "directed," "required," "Permitted," "ordered," "designated," "Prescribed," or words of the like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; and similarly, the words "approved," 11acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the owner. Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such GENERAL PROVISIONS III-7 2072 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System specific reference. 10-31 LABORATORY. The official testing laboratories of the owner or such other laboratories as may be designated by the Engineer. 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 CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20 percent of the total amount of the award contract. All other items shall be considered minor contract items. 10-34 MATERIALS. Any substance specified for use in the construction of the contract work. 10-35 MIL SPECIFICATIONS. The Military Specifications and Standard, and indices thereto, that are prepared and issued by the Department of Defense. 10-36 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. 10-37 OWNER (SPONSOR). The term owner shall mean the party of the first part or the contracting agency signatory to the contract. For Al P contracts, the term sponsor shall have the same meaning as the term owner. 10-38 PAVEMENT. The combined surface course, base course, and sub base course, if any, considered as a single unit. 10-39 PAYMENT BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that he will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-40 PERFORMANCE BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract. 10-41 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. GENERAL PROVISIONS III-8 2073 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 10-42 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport. 10-43 PROPOSAL. The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications. 10-44 PROPOSAL GUARANTY. The security furnished with a proposal to guarantee that the bidder will enter into a contract if his/her proposal is accepted by the owner. 10-45 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft. 10-46 SPECIAL PROVISIONS. The specific clauses setting forth conditions or requirements peculiar to the project under consideration, covering work or material involved in the proposal and estimate, which are not thoroughly or satisfactorily stipulated in these Specifications. 10-47 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. 10-48 SPONSOR. Shall mean the same as Owner. 10-49 SUBCONTRACTOR. Any individual, partnership or corporation supplying the Contractor with labor, materials, and supplies, used directly or indirectly by the said Contractor or subcontractor in the prosecution of the work. 10-50 STRUCTURES. Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; flexible and rigid pavements; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 10-51 SUBGRADE. The soil which forms the pavement foundation. 10-52 SUPERINTENDENT. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction. 10-53 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and the owner covering: (1) work that would increase or decrease the total amount of the awarded contract, or any major contract item, by more than 25 percent, such increased or decreased work being within the scope of the originally awarded contract; or (2) work that is not within the scope of the originally awarded contract. GENERAL PROVISIONS III-9 2074 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 10-54 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds which are furnished to the owner by the Contractor. 10-55 TAXIWAY. For the purpose of this document, the term taxiway means the portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport's runways or aircraft parking areas. 10-56 WORK. The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the contract, plans, and specifications. 10-57 WORKING DAY. A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least 6 hours toward completion of the contract. Unless work is suspended for causes beyond the Contractor's control, Saturdays, Sundays and holidays on which the Contractor's forces engage in regular work, requiring the presence of an inspector, will be considered as working days. END OF SECTION 10 GENERAL PROVISIONS III-10 2075 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System S E C T I O N 2 0 PROPOSAL REQUIREMENTS AND CONDITIONS 20-01 ADVERTISEMENT (Notice to Bidders). NOT USED 20-02 PREQUALIFICATION OF BIDDERS. NOT USED 20-03 CONTENTS OF PROPOSAL FORMS. The owner shall furnish bidders with proposal forms. All papers bound with or attached to the proposal forms are necessary parts and must not be detached. The plans specifications, and other documents designated in the proposal form shall be considered a part of the proposal whether attached or not. 20-04 ISSUANCE OF PROPOSAL FORMS. NOT USED 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. GENERAL PROVISIONS III-11 2076 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 20-07 PREPARATION OF PROPOSAL. The bidder shall submit his/her proposal on the forms furnished by the owner. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals for which he proposes to do each pay item furnished in the proposal. In case of conflict between words and numerals, the 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. NOT USED GENERAL PROVISIONS III-12 2077 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 20-10 DELIVERY OF PROPOSAL. NOT USED 20-11 WITHDRAWAL OR REVISION OF PROPOSALS. NOT USED 20-12 PUBLIC OPENING OF PROPOSALS. NOT USED 20-13 DISQUALIFICATION OF BIDDERS. NOT USED END OF SECTION 20 GENERAL PROVISIONS III-13 2078 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System S E C T I O N 3 0 AWARD AND EXECUTION OF CONTRACT 30-01 CONSIDERATION OF PROPOSALS. NOT USED 30-02 AWARD OF CONTRACT. NOT USED 30-03 CANCELLATION OF AWARD. NOT USED 30-04 RETURN OF PROPOSAL GUARANTY. NOT USED 30-05 REQUIREMENTS OF CONTRACT BONDS.At the time of the execution of the contract, the successful bidder shall furnish the owner a surety bond or bonds which have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work. The surety and the form of the bond or bonds shall be acceptable to the owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract. 30-06 EXECUTION OF CONTRACT.The successful bidder shall sign (execute)the necessary agreements for entering into the contract and return such signed contract to the owner, along with the fully executed surety bond or bonds specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section, within 15 calendar days from the date mailed or otherwise delivered to the successful bidder. If the contract is mailed, special handling is recommended. 30-07 APPROVAL OF CONTRACT. Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the owner shall complete the execution of the contract in accordance with local laws or ordinances, and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the owner's approval to be bound by the successful bidder's proposal and the terms of the contract. 30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15 calendar day period specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the owner. END OF SECTION 30 GENERAL PROVISIONS III-14 2079 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System S E C T I O N 4 0 SCOPE OF WORK 40-01 INTENT OF CONTRACT. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 40-02 ALTERATION OF WORK AND QUANTITIES. The owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than 25 percent (total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations which do not exceed the 25 percent limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. These alterations which are for work within the general scope of the contract shall be covered by "Change Orders" issued by the Engineer. Change orders for altered work shall include extensions of contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of 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-15 2080 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 to accommodate traffic. The Contractor shall furnish erect, and maintain barricades, warning GENERAL PROVISIONS III-16 2081 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 C. Use such material for his/her own temporary construction on site; or, GENERAL PROVISIONS III-17 2082 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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-18 2083 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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-19 2084 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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-20 2085 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 removed will be paid for as extra work; but should the work so exposed or examined GENERAL PROVISIONS III-21 2086 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 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. GENERAL PROVISIONS III-22 2087 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 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 GENERAL PROVISIONS III-23 2088 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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. 4. The Contractor must furnish a letter on his letterhead acknowledging that acceptance of final payment by the Contractor constitutes a waiver of all claims, present or future, in connection with this project. GENERAL PROVISIONS III-24 2089 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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. END OF SECTION 50 GENERAL PROVISIONS III-25 2090 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 conforms to the requirements of cited materials specifications. In addition, where an FAA specification for airport lighting equipment is cited in the plans or specifications, the Contractor shall furnish such equipment that is: A. Listed in FAA Advisory Circular (AC) 150/5345-1 , Approved Airport Equipment, that is in effect on the date of advertisement; and, B. Produced by the manufacturer qualified (by FAA) to produce such specified and listed equipment. The following airport lighting equipment is required for this contract and is to be furnished by the Contractor in accordance with the requirements of this subsection: N/A =QIj1PMFN1T N.A.AXE- 9 . TGn FAA c12Gr . F= iroTinnic €F=CC(`TI\/C FAA or nQ AID Pan�ioI Liu€f I=Q R Gni iiPnnGniT ND 511AN1 1C4C-Tw RF=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 GENERAL PROVISIONS III-26 2091 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System owner. Samples will be taken by a qualified representative of the owner. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at his/her request. 60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. When a material or assembly is specified by"brand name or equal" and the Contractor elects to furnish the specified "brand name," the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: 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 GENERAL PROVISIONS III-27 2092 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System the producer with whom he has contracted for materials. B. The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. C. If required by the Engineer, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to the plant. It is understood and agreed that the owner shall have the right to retest any material which has been tested and approved at the source of supply after it has been delivered to the site. The Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications. 60-05 REVIEW AND ACCEPTANCE OF MATERIALS. The Contractor shall furnish to the Engineer for review, all Contractor's, subcontractor's and manufacturer's drawings, which shall be deemed to include shop material lists and performance data, which may be required by the Specifications, requested by the Engineer or otherwise necessary for the proper execution of the work. At the time of each submission, the Contractor shall in writing call the Engineer's attention to any deviations that the shop drawings may have from the requirements of the Contract documents. 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. N/A 60-07 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property owner's permission. GENERAL PROVISIONS III-28 2093 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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-29 2094 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System S E C T I O N 7 0 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the owner and all his/her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his/her employees. 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 9r Other PaGility) I OGatiOR (Coo Dlap Sheet Ne ) DR—FSOA—A 4n G-GRtaGt (Alamo, Title, e�Address and Dhno) 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-30 2095 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 GENERAL PROVISIONS III-31 2096 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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. 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 GENERAL PROVISIONS III-32 2097 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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. 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, GENERAL PROVISIONS III-33 2098 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System ordinance, order, or decree. Money due the Contractor under and by virtue of his/her contract as may be considered necessary by the owner for such purpose may be retained for the use of the owner or, in case no money is due, his/her surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he 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 GENERAL PROVISIONS III-34 2099 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense. If the work is suspended for any cause whatsoever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his/her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seeding, and sodding furnished under his/her contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-16 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private utility service, 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 GENERAL PROVISIONS III-35 2100 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System facility, the Contractor shall again notify each such owner of his/her plan of operation. If, in the Contractor's opinion, the owner's assistance is needed to locate the utility service or facility or the presence of a representative of the owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the Engineer to suspend the Contractor's operations in the general vicinity of a utility service or facility. 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. GENERAL PROVISIONS III-36 2101 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System The Contractor, without prejudice to the terms of the contract, shall be liable to the owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the owner's rights under any warranty or guaranty. 70-20 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumen, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. In the event of conflict between Federal, State or local laws, codes, ordinances, rules and regulations concerning pollution control, the most restrictive applicable ones shall apply. The Contractor shall pay special attention to the pollution control requirements of the several specifications. Work items which may cause excessive pollution and shall be closely controlled by the Contractor are: (a) Clearing, grubbing, burning or other disposal. (b) Stripping, excavation, and embankment. (c) Drainage and ditching. (d) Aggregate production, handling and placing. (e) Cement, lime or other stabilization. (f) Concrete and bituminous materials handling, production, and paving. (g) Seeding, fertilizing, mulching and use of herbicides or insecticides. (h) Contractor's own housekeeping items; haul roads; sanitary facilities; water supply; equipment fueling, servicing and cleaning;job clean up and disposal. When the Contractor submits his tentative progress schedule in accordance with PROSECUTION and PROGRESS, Section 80, he shall also submit for acceptance of the Engineer, his schedules for accomplishment of temporary and permanent erosion control 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, GENERAL PROVISIONS III-37 2102 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System streams, lakes or reservoirs. The surface area or erodible land, either on or off the airport site, exposed to the elements by clearing, grubbing or grading operations, including gravel pits, waste or disposal areas and haul roads, at any one time, for this Contract, shall be subject to approval of the Engineer and the duration of such exposure prior to final trimming and finishing of the areas shall have full authority to order the suspension of grading and other operations pending adequate and proper performance of trimming, finishing and maintenance work or to restrict the area of erodible land exposed to the elements. d. Materials used for permanent erosion control measures shall meet the requirements of the applicable Specifications. Gravel or stone, consisting of durable particles of rock and containing only negligible quantities of fines, shall be used for construction pads, haul roads and temporary roads in or across streams. e. Where called for on the Plans, a stilling basin shall be constructed to prevent siltation in the stream from construction operations. f. The disturbance of lands and waters that are outside the limits of construction as staked is prohibited, except as found necessary and approved by the Engineer. 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 GENERAL PROVISIONS III-38 2103 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System applicable, prior to any burning. b. All burning shall conform to the conditions of the permit, except that the conditions herein shall apply if they are more restrictive. C. No tires, oils (except atomize fuels applied by approved equipment), asphalt, paint, or coated metals shall be permitted in combustible waste piles. d. Burning will not be permitted within 1,000 feet of a residential or built-up area nor within 100 feet of any standing timber or flammable growth unless otherwise specified. e. Burning shall not be permitted unless the prevailing wind is away from a nearby town or built-up area. f. Burning shall not be permitted during a local air inversion or other climatic condition as would result in a pall of smoke over a nearby town or built-up area. g. Burning shall not be permitted when the danger of brush of forest fires is made known by Federal, State, or local officials. h. The size and number of fires shall be restricted to avoid the danger or brush or forest fires. Burning shall be done under surveillance of a 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 water, chemical, or vacuum dust controlling systems. GENERAL PROVISIONS III-39 2104 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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. 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. GENERAL PROVISIONS III-40 2105 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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-41 2106 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-42 2107 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 f o r 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-43 2108 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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: N/A AOA TIME PERIODS AOA CAN BE CLOSED TYPE OF COMMUNICATIONS REQUIRED WHEN WORKING IN AN AOA CONTROL AUTHORITY 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-44 2109 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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-45 2110 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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-46 2111 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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-47 2112 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System (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-48 2113 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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-49 2114 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-50 2115 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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-51 2116 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton (kilogram) or hundredweight (kilogram). 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, GENERAL PROVISIONS III-52 2117 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System manufacturing tolerances established by the industries involved will be accepted. Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. Scales shall be accurate within one-half percent of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the inspector before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one-tenth of 1 percent of the nominal rated capacity of the scale, but not less than 1 pound (454 grams). The use of spring balances will not be permitted. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them. Scale installations shall have available ten standard 50-pound (2.3 kilogram) weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales "overweighing" (indicating more than correct weight) will not be permitted to operate, and all materials received subsequent to the last previous correct weighting-accuracy test will 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. GENERAL PROVISIONS III-53 2118 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System When the"basis of payment" subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications. 90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the owner. Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or non-perform such 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-54 2119 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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-55 2120 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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. GENERAL PROVISIONS III-56 2121 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System B. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. C. The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. D. The Contractor has furnished the owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. E. The Contractor has furnished the owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the work. 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. GENERAL PROVISIONS III-57 2122 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 90-09 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. END OF SECTION 90 GENERAL PROVISIONS III-58 2123 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System S E C T I O N 1 0 0 CONTRACTOR QUALITY CONTROL PROGRAM 100-01 GENERAL. When the specifications require a Contractor Quality Control Program, the Contractor shall establish, provide, and maintain an effective Quality Control Program that details the methods and procedures that will be taken to assure that all materials and completed construction conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. Although guidelines are established and certain minimum requirements are specified herein and elsewhere in the contract technical specifications, the Contractor shall assume full responsibility for accomplishing the stated purpose. The intent of this section is to enable the Contractor to establish a necessary level of control that will: A. Adequately provide for the production of acceptable quality materials. B. Provide sufficient information to assure both the Contractor and the Engineer that the specification requirements can be met. C. Allow the Contractor as much latitude as possible to develop his or her own standard of control. The Contractor shall be prepared to discuss and present, at the preconstruction conference, his/her understanding of the quality control requirements. The Contractor shall not begin any construction or production of materials to be incorporated into the completed work until the Quality Control Program has been reviewed by the Engineer. No partial payment will be made for materials subject to specific quality control requirements until the Quality Control Program has been reviewed. The quality control requirements contained in this section and elsewhere in the contract technical specifications are in addition to and separate from the acceptance testing requirements. Acceptance testing requirements are the responsibility of the Engineer. 100-02 DESCRIPTION OF PROGRAM. A. General Description. The Contractor shall establish a Quality Control Program to perform inspection and testing of all items of work required by the technical specifications, including those performed by subcontractors. This Quality Control Program shall ensure conformance to applicable specifications and plans with respect to materials, workmanship, GENERAL PROVISIONS III-59 2124 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System construction, finish, and functional performance. The Quality Control Program shall be effective for control of all construction work performed under this Contract and shall specifically include surveillance and tests required by the technical specifications, in addition to other requirements of this section and any other activities deemed necessary by the Contractor to establish an effective level of quality control. B. Quality Control Program. The Contractor shall describe the Quality Control Program in a written document which shall be reviewed by the Engineer prior to the start of any production, construction, or off-site fabrication. The written Quality Control Program shall be submitted to the Engineer for review at least seven (7) calendar days before the Preconstruction Conference. The Quality Control Program shall be organized to address, as a minimum, the following items: A. Quality control organization; B. Project progress schedule; C. Submittals schedule; D. Inspection requirements; E. Quality control testing plan; F. Documentation of quality control activities; and G. Requirements for corrective action when quality control and/or acceptance criteria are not met. The Contractor is encouraged to add any additional elements to the Quality Control Program that he/she deems necessary to adequately control all production and/or construction processes required by this contract. 100-03 QUALITY CONTROL ORGANIZATION. The Contractor's Quality Control Program shall be implemented by the establishment of a separate quality control organization. An organizational chart shall be developed to show all quality control personnel and how these personnel integrate with other management/production and construction functions and personnel. The organizational chart shall identify all quality control staff by name and function, and shall indicate the total staff required to implement all elements of the Quality Control Program, including inspection and testing for each item of work. If necessary, different technicians can be utilized for specific inspection and testing functions for different items GENERAL PROVISIONS III-60 2125 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System of work. If an outside organization or independent testing laboratory is used for implementation of all or part of the Quality Control Program, the personnel assigned shall be subject to the qualification requirements of paragraph 100-03a and 100-03b. The organizational chart shall indicate which personnel are Contractor employees and which are provided by an outside organization. The quality control organization shall consist of the following minimum personnel: A. Program Administrator. The Program Administrator shall be a full-time employee of the Contractor, or a consultant engaged by the Contractor. The Program Administrator shall have a minimum of 5 years of experience in airport and shall have had prior quality control experience on a project of comparable size and scope as the contract. Additional qualifications for the Program Administrator shall include at least 1 of the following requirements: 1) Professional engineer with 1 year of airport paving experience acceptable to the Engineer. 2) Engineer-in-training with 2 years of airport paving experience acceptable to the Engineer. 3) An individual with 3 years of highway and/or airport paving experience acceptable to the Engineer, with a Bachelor of Science Degree in Civil Engineering, Civil Engineering Technology or Construction. 4) Construction materials technician certified at Level III by the National Institute for Certification in Engineering Technologies (NICET). 5) Highway materials technician certified at Level III by NICET. 6) Highway construction technician certified at Level III by NICET. 7) A NICET certified engineering technician in Civil Engineering Technology with 5 years of highway and/or airport paving experience acceptable to the Engineer. The Program Administrator shall have full authority to institute any and all actions necessary for the successful implementation of the Quality Control Program to ensure compliance with the contract plans and technical specifications. The Program Administrator shall report directly to a responsible officer of the construction firm. The Program Administrator GENERAL PROVISIONS III-61 2126 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System may supervise the Quality Control Program on more than one project provided that person can be at the job site within 2 hours after being notified of a problem. B. Quality Control Technicians. A sufficient number of quality control technicians necessary to adequately implement the Quality Control Program shall be provided. These personnel shall be engineers, engineering technicians, or experienced craftsman with qualifications in the appropriate field equivalent to NICET Level II or higher construction materials technician or highway construction technician and shall have a minimum of 2 years of experience in their area of expertise. The quality control technicians shall report directly to the Program Administrator and shall perform the following functions: 1) Inspection of all materials, construction, plant, and equipment for conformance to the technical specifications, and as required by Section 100-06. 2) Performance of all quality control tests as required by the technical specifications and Section 100-07. Certification at an equivalent level, by a state or nationally recognized organization will be acceptable in lieu of NICET certification. C. Staffing Levels. The Contractor shall provide sufficient qualified quality control personnel to monitor each work activity at all times. Where material is being produced in a plant for incorporation into the work, separate plant and field technicians shall be provided at each plant and field placement location. The scheduling and coordinating of all inspection and testing must match the type and pace of work activity. The Quality Control Program shall state where different technicians will be required for different work elements. 100-04 PROJECT PROGRESS SCHEDULE. The Contractor shall submit a coordinated construction schedule for all work activities. The schedule shall be prepared as a network diagram in Critical Path Method (CPM), PERT, or other format, or as otherwise specified in the contract. As a minimum, it shall provide information on the sequence of work activities, milestone dates, and activity duration. The Contractor shall maintain the work schedule and provide an update and analysis of the progress schedule on a twice monthly basis, or as otherwise specified in the contract. Submission of the work schedule shall not relieve the Contractor of overall responsibility for scheduling, sequencing, and coordinating all work to comply with the requirements of the contract. GENERAL PROVISIONS III-62 2127 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 100-05 SUBMITTALS SCHEDULE. The Contractor shall submit a detailed listing of all submittals (e.g., mix designs, material certifications) and shop drawings required by the technical specifications. The listing can be developed in a spreadsheet format and shall include: A. Specification item number; B. Item description; C. Description of submittal; D. Specification paragraph requiring submittal; and E. Scheduled date of submittal. 100-06 INSPECTION REQUIREMENTS. Quality control inspection functions shall be organized to provide inspections for all definable features of work, as detailed below. All inspections shall be documented by the Contractor as specified by Section 100-07. Inspections shall be performed daily to ensure continuing compliance with contract requirements until completion of the particular feature of work. These shall include the following minimum requirements: A. During plant operation for material production, quality control test results and periodic inspections shall be utilized 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 utilized in proportioning and mixing shall be inspected to ensure its proper operating condition. The Quality Control Program shall detail how these and other quality control functions will be accomplished and utilized. B. During field operations, quality control test results and periodic inspections shall be utilized to ensure the quality of all materials and workmanship. All equipment utilized in placing, finishing, and compacting shall be inspected to ensure its proper operating condition and to ensure that all such operations are in conformance to the technical specifications and are within the plan dimensions, lines, grades, and tolerances specified. The Program shall document how these and other quality control functions will be accomplished and utilized. 100-07 QUALITY CONTROL TESTING PLAN. As a part of the overall Quality Control Program, the Contractor shall implement a quality control 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 quality control tests that the Contractor deems necessary to adequately control GENERAL PROVISIONS III-63 2128 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System production and/or construction processes. The 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., Plant Mix Bituminous Pavements); C. Test type (e.g., gradation, grade, asphalt content); D. Test standard (e.g., ASTM or AASHTO test number, as applicable); E. Test frequency (e.g., as required by technical specifications or minimum frequency when requirements are not stated); F. Responsibility (e.g., plant technician); and G. Control requirements (e.g., target, permissible deviations). The testing plan shall contain a statistically-based procedure of random sampling for acquiring test samples in accordance with ASTM D 3665. The Engineer shall be provided the opportunity to witness quality control sampling and testing. All quality control test results shall be documented by the Contractor as required by Section 100-08. 100-08 DOCUMENTATION. The Contractor shall maintain current quality control records of all inspections and tests performed. These records shall include factual evidence that the required inspections or tests have been performed, including type and number of inspections or tests involved; results of inspections or tests; nature of defects, deviations, causes for rejection, etc.; proposed remedial action; and corrective actions taken. These records must cover both conforming and defective or deficient features, and must include a statement that all supplies and materials incorporated in the work are in full compliance with the terms of the contract. Legible copies of these records shall be furnished to the Engineer daily. The records shall cover all work placed subsequent to the previously furnished records and shall be verified and signed by the Contractor's Program Administrator. Specific Contractor quality control records required for the contract shall include, but are not necessarily limited to, the following records: A. Daily Inspection Reports. Each Contractor quality control technician shall maintain a daily log of all inspections performed for both Contractor and subcontractor operations on a form acceptable to the Engineer. These technician's daily reports shall provide factual evidence that continuous GENERAL PROVISIONS III-64 2129 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System quality control inspections have been performed and shall, as a minimum, include the following: 1) Technical specification item number and description; 2) Compliance with approved submittals; 3) Proper storage of materials and equipment; 4) Proper operation of all equipment; 5) Adherence to plans and technical specifications; 6) Review of quality control tests; and 7) Safety inspection. The daily inspection reports shall identify inspections conducted, results of inspections, location and nature of defects found, causes for rejection, and remedial or corrective actions taken or proposed. The daily inspection reports shall be signed by the responsible quality control technician and the Program Administrator. The Engineer shall be provided at least one copy of each daily inspection report on the work day following the day of record. B. Daily Test Reports. The Contractor shall be responsible for establishing a system which will record all quality control 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; and 9) Retests. GENERAL PROVISIONS III-65 2130 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System Test results from each day's work period shall be submitted to the Engineer prior to the start of the next day's work period. When required by the technical specifications, the Contractor shall maintain statistical quality control charts. The daily test reports shall be signed by the responsible quality control technician and the Program Administrator. 100-09 CORRECTIVE ACTION REQUIREMENTS. The Quality Control Program shall indicate the appropriate action to be taken when a process is deemed, or believed, to be out of control (out of tolerance) and detail what action will be taken to bring the process into control. The requirements for corrective action shall include both general requirements for operation of the Quality Control Program as a whole, and for individual items of work contained in the technical specifications. The Quality Control Program shall detail how the results of quality control inspections and tests will be used for determining the need for corrective action and shall contain clear sets of rules to gauge when a process is out of control and the type of correction to be taken to regain process control. When applicable or required by the technical specifications, the Contractor shall establish and utilize statistical quality control charts for individual quality control tests. The requirements for corrective action shall be linked to the control charts. 100-10 SURVEILLANCE BY THE ENGINEER. All items of material and equipment shall be subject to surveillance by the Engineer at the point of production, manufacture or shipment to determine if the Contractor, producer, manufacturer or shipper maintains an adequate quality control system in conformance with the requirements detailed herein and the applicable technical specifications and plans. In addition, all items of materials, equipment and work in place shall be subject to surveillance by the Engineer at the site for the same purpose. Surveillance by the Engineer does not relieve the Contractor of performing quality control inspections of either on-site or off-site Contractor's or subcontractor's work. 100-11 NONCOMPLIANCE. A. The Engineer will notify the Contractor of any noncompliance with any of the foregoing requirements. The Contractor shall, after receipt of such notice, immediately take corrective action. Any notice, when delivered by the Engineer or his/her authorized representative to the Contractor or his/her authorized representative at the site of the work, shall be considered sufficient notice. GENERAL PROVISIONS III-66 2131 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System B. In cases where quality control activities do not comply with either the Contractor's Quality Control Program or the contract provisions, or where the Contractor fails to properly operate and maintain an effective Quality Control Program, as determined by the Engineer, the Engineer may: 1) Order the Contractor to replace ineffective or unqualified quality control personnel or subcontractors. 2) Order the Contractor to stop operations until appropriate corrective action is taken. END OF SECTION 100 GENERAL PROVISIONS III-67 2132 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-68 2133 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System SECTION 110 METHOD OF ESTIMATING PERCENTAGE OF MATERIAL WITHIN SPECIFICATION LIMITS (PWL) 110-01 GENERAL.When the specifications provide for material to be sampled and tested on a statistical basis,the material will be evaluated for acceptance in accordance with this section.All test results for a lot will be analyzed statistically, using procedures to determine the total estimated percent of the lot that is within specification limits. This concept, termed percent within limits(PWL), is a statistically based evaluation method, whereby the PWL is computed on a lot basis, using the average (X) and standard deviation (Sn) of the specified number (n) of sublot tests 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(s) (QL for Lower Quality Index and/or QU for Upper Quality Index) is computed and the PWL for the specified n is determined from Table 1. 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 rejectable 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. 110-02 METHOD FOR COMPUTING PWL. The computational sequence for computing the PWL is as follows: A. Divide the lot into n sublots in accordance with the acceptance requirements of the specification. B. Locate the sampling position within the sublot in accordance with the random sampling 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. Average all sublot values within the lot to find X by using the following formula: X = (x1 + x2 + x3 + . . .xn) / n Where: X = Average of all sublot values within a lot x1, x2 = Individual sublot values n = Number of sublots E. Find the standard deviation Sn by use of the following formula: GENERAL PROVISIONS III-69 2134 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System Sn = SQRT[(d1*d1 + d2*d2 + d3*d3 + . . .dn*dn) / (n-1)] Where: Sn = standard deviation of the number of sublot values in the set d1, d2 = deviations of the individual sublot values X1, X2 . . . from the average value X that is: d1 = (x1 - X), d2 = (xn - X) . . do = (xn - X) n = number of sublots 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) / Sn 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) / Sn and QU = (U - X) / Sn 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 GENERAL PROVISIONS III-70 2135 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 A-3 99.30 A-4 98.35 n = 4 2) Calculate average density for the lot. X = (x1 + x2 + x3 + . . xn) / n X = (96.60 + 97.55 + 99.30 + 98.35) /4 X = 97.95 percent density 3) Calculate the standard deviation for the lot. Sn = SQRT[ ( (96.60 - 97.95)*(96.60 - 97.95) (4 - 1)] (97.55 - 97.95)*(97.55 - 97.95) + (99.30 - 97.95)*(99.30 - 97.95) + (98.35 - 97.95)*(98.35 - 97.95)) / Sn = SQRT[ (1.82 + 0.16 + 1.82 + 0.16) / 3] Sn = 1.15 4) Calculate the Lower Quality Index QL for the lot. (L=96.3) QL = (X -L) /Sn QL = (97.95 - 96.30) / 1.15 QL = 1.4384 5) Determine PWL by entering Table 1 with QL= 1.44 and n= 4. PWL = 98 GENERAL PROVISIONS III-71 2136 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 = (x1 + x + x3 . . n) / n X = (5.00 + 3.74 + 2.30 + 3.25) /4 X = 3.57 percent 3) Calculate the standard deviation Sn for the lot. Sn = SQRT[ ( (3.57 - 5.00)*(3.57 - 5.00) + (3.57 - 3.74)*(3.57 - 3.74) + (3.57 - 2.30)*(3.57 - 2.30) + (3.57 - 3.25)*(3.57 - 3.25))/(4 - 1)] Sn = SQRT[(2.04 + 0.03 + 1.62 + 0.10 ) / 3] Sn = 1.12 4) Calculate the Lower Quality Index QL for the lot. (L= 2.0) QL = (X - L) / Sn QL = (3.57 - 2.00) / 1.12 QL = 1.3992 5) Determine PL by entering Table 1 with QL = 1.40 and n = 4. PL = 97 6) Calculate the Upper Quality Index QU for the lot. (U= 5.0) QU = (U - X) /Sn QU = (5.00 - 3.57) / 1.12 QU = 1.2702 7) Determine PU by entering Table 1 with QU = 1.27 and n = 4. PU = 93 GENERAL PROVISIONS III-72 2137 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 8) Calculate Air Voids PWL PWL = (PL + PU) - 100 PWL = (97 + 93) - 100 = 90 GENERAL PROVISIONS III-73 2138 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL) Percent Within Limits Positive Values of Q (QL and QU) (PL and PU) n=3 n=4 n=5 n=6 n=7 n=8 99 1.1541 1.4700 1.6714 1.8008 1.8888 1.9520 98 1.1524 1.4400 1.6016 1.6982 1.7612 1.8053 97 1.1496 1.4100 1.5427 1.6181 1.6661 1.6993 96 1.1456 1.3800 1.4897 1.5497 1.5871 1.6127 95 1.1405 1.3500 1.4407 1.4887 1.5181 1.5381 94 1.1342 1.3200 1.3946 1.4329 1.4561 1.4716 93 1.1269 1.2900 1.3508 1.3810 1.3991 1.4112 92 1.1184 1.2600 1.3088 1.3323 1.3461 1.3554 91 1.1089 1.2300 1.2683 1.2860 1.2964 1.3032 90 1.0982 1.2000 1.2290 1.2419 1.2492 1.2541 89 1.0864 1.1700 1.1909 1.1995 1.2043 1.2075 88 1.0736 1.1400 1.1537 1.1587 1.1613 1.1630 87 1.0597 1.1100 1.1173 1.1191 1.1199 1.1204 86 1.0448 1.0800 1.0817 1.0808 1.0800 1.0794 85 1.0288 1.0500 1.0467 1.0435 1.0413 1.0399 84 1.0119 1.0200 1.0124 1.0071 1.0037 1.0015 83 0.9939 0.9900 0.9785 0.9715 0.9672 0.9643 82 0.9749 0.9600 0.9452 0.9367 0.9325 0.9281 81 0.9550 0.9300 0.9123 0.9025 0.8966 0.8928 80 0.9342 0.9000 0.8799 0.8690 0.8625 0.8583 79 0.9124 0.8700 0.8478 0.8360 0.8291 0.8245 78 0.8897 0.8400 0.8160 0.8036 0.7962 0.7915 77 0.8662 0.8100 0.7846 0.7716 0.7640 0.7590 76 0.8417 0.7800 0.7535 0.7401 0.7322 0.7271 75 0.8165 0.7500 0.7226 0.7089 0.7009 0.6958 74 0.7904 0.7200 0.6921 0.6781 0.6701 0.6649 73 0.7636 0.6900 0.6617 0.6477 0.6396 0.6344 72 0.7360 0.6600 0.6316 0.6176 0.6095 0.6044 71 0.7077 0.6300 0.6016 0.5878 0.5798 0.5747 70 0.6787 0.6000 0.5719 0.5583 0.5504 0.5454 69 0.6490 0.5700 0.5423 0.5290 0.5213 0.5164 68 0.6187 0.5400 0.5129 0.4999 0.4924 0.4877 67 0.5878 0.5100 0.4836 0.4710 0.4638 0.4592 66 0.5563 0.4800 0.4545 0.4424 0.4354 0.4310 65 0.5242 0.4500 0.4255 0.4139 0.4073 0.4031 64 0.4916 0.4200 0.3967 0.3856 0.3793 0.3753 63 0.4586 0.3900 0.3679 0.3575 0.3515 0.3477 62 0.4251 0.3600 0.3392 0.3295 0.3239 0.3203 61 0.3911 0.3300 0.3107 0.3016 0.2964 0.2931 60 0.3568 0.3000 0.2822 0.2738 0.2691 0.2660 59 0.3222 0.2700 0.2537 0.2461 0.2418 0.2391 58 0.2872 0.2400 0.2254 0.2186 0.2147 0.2122 57 0.2519 0.2100 0.1971 0.1911 0.1877 0.1855 56 0.2164 0.1800 0.1688 0.1636 0.1607 0.1592 55 0.1806 0.1500 0.1408 0.1363 0.1338 0.1322 54 0.1447 0.1200 0.1125 0.1090 0.1070 0.1057 53 0.1087 0.0900 0.0843 0.0817 0.0802 0.0792 52 0.0725 0.0600 0.0562 0.0544 0.0534 0.0528 51 0.0363 0.0300 0.0281 0.0272 0.0267 0.0264 GENERAL PROVISIONS III-74 2139 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL) Percent Within Negative Values of Q (QL and QU) Limits (PL and PU) n = 3 n = 4 n = 5 n = 6 n = 7 n = 8 49 -0.0363 -0.0300 -0.0281 -0.0272 -0.0267 -0.0264 48 -0.0725 -0.0600 -0.0562 -0.0544 -0.0534 -0.0528 47 -0.1087 -0.0900 -0.0843 -0.0817 -0.0802 -0.0792 46 -0.1447 -0.1200 -0.1125 -0.1090 -0.1070 -0.1057 45 -0.1806 -0.1500 -0.1408 -0.1363 -0.1338 -0.1322 44 -0.2164 -0.1800 -0.1688 -0.1636 -0.1607 -0.1592 43 -0.2519 -0.2100 -0.1971 -0.1911 -0.1877 -0.1855 42 -0.2872 -0.2400 -0.2254 -0.2186 -0.2147 -0.2122 41 -0.3222 -0.2700 -0.2537 -0.2461 -0.2418 -0.2391 40 -0.3568 -0.3000 -0.2822 -0.2738 -0.2691 -0.2660 39 -0.3911 -0.3300 -0.3107 -0.3016 -0.2964 -0.2931 38 -0.4251 -0.3600 -0.3392 -0.3295 -0.3239 -0.3203 37 -0.4586 -0.3900 -0.3679 -0.3575 -0.3515 -0.3477 36 -0.4916 -0.4200 -0.3967 -0.3856 -0.3793 -0.3753 35 -0.5242 -0.4500 -0.4255 -0.4139 -0.4073 -0.4031 34 -0.5563 -0.4800 -0.4545 -0.4424 -0.4354 -0.4310 33 -0.5878 -0.5100 -0.4836 -0.4710 -0.4638 -0.4592 32 -0.6187 -0.5400 -0.5129 -0.4999 -0.4924 -0.4877 31 -0.6490 -0.5700 -0.5423 -0.5290 -0.5213 -0.5164 30 -0.6787 -0.6000 -0.5719 -0.5583 -0.5504 -0.5454 29 -0.7077 -0.6300 -0.6016 -0.5878 -0.5798 -0.5747 28 -0.7360 -0.6600 -0.6316 -0.6176 -0.6095 -0.6044 27 -0.7636 -0.6900 -0.6617 -0.6477 -0.6396 -0.6344 26 -0.7904 -0.7200 -0.6921 -0.6781 -0.6701 -0.6649 25 -0.8165 -0.7500 -0.7226 -0.7089 -0.7009 -0.6958 24 -0.8417 -0.7800 -0.7535 -0.7401 -0.7322 -0.7271 23 -0.8662 -0.8100 -0.7846 -0.7716 -0.7640 -0.7590 22 -0.8897 -0.8400 -0.8160 -0.8036 -0.7962 -0.7915 21 -0.9124 -0.8700 -0.8478 -0.8360 -0.8291 -0.8245 20 -0.9342 -0.9000 -0.8799 -0.8690 -0.8625 -0.8583 19 -0.9550 -0.9300 -0.9123 -0.9025 -0.8966 -0.8928 18 -0.9749 -0.9600 -0.9452 -0.9367 -0.9325 -0.9281 17 -0.9939 -0.9900 -0.9785 -0.9715 -0.9672 -0.9643 16 -1.0119 -1.0200 -1.0124 -1.0071 -1.0037 -1.0015 15 -1.0288 -1.0500 -1.0467 -1.0435 -1.0413 -1.0399 14 -1.0448 -1.0800 -1.0817 -1.0808 -1.0800 -1.0794 13 -1.0597 -1.1100 -1.1173 -1.1191 -1.1199 -1.1204 12 -1.0736 -1.1400 -1.1537 -1.1587 -1.1613 -1.1630 11 -1.0864 -1.1700 -1.1909 -1.1995 -1.2043 -1.2075 10 -1.0982 -1.2000 -1.2290 -1.2419 -1.2492 -1.2541 9 -1.1089 -1.2300 -1.2683 -1.2860 -1.2964 -1.3032 8 -1.1184 -1.2600 -1.3088 -1.3323 -1.3461 -1.3554 7 -1.1269 -1.2900 -1.3508 -1.3810 -1.3991 -1.4112 6 -1.1342 -1.3200 -1.3946 -1.4329 -1.4561 -1.4716 5 -1.1405 -1.3500 -1.4407 -1.4887 -1.5181 -1.5381 4 -1.1456 -1.3800 -1.4897 -1.5497 -1.5871 -1.6127 3 -1.1496 -1.4100 -1.5427 -1.6181 -1.6661 -1.6993 2 -1.1524 -1.4400 -1.6016 -1.6982 -1.7612 -1.8053 GENERAL PROVISIONS III-75 2140 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-76 2141 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System S E C T I O N 1 2 0 NUCLEAR GAUGES 120-01 TESTING. When the specifications provide for nuclear gauge acceptance testing of material for Items P-152, and P-211, the testing shall be performed in accordance with this section.At each sampling location,the field density shall be determined in accordance with ASTM D 2922 using the Direct Transmission Method. The nuclear gauge shall be calibrated in accordance with Annex Al. Calibration and operation of the gauge shall be in accordance with the requirements of the manufacturer. The operator of the nuclear gauge must show evidence of training and experience in the use of the instrument. The gauge shall be standardized daily in accordance with ASTM D 2922, paragraph 8. Use of ASTM D 2922 results in a wet unit weight, and when using this method, ASTM D 3017 shall be used to determine the moisture content of the material. The moisture gage shall be standardized daily in accordance with ASTM D 3017, paragraph 7. The material shall be accepted on a lot basis. Each Lot shall be divided into eight(8) sublots when ASTM D 2922 is used. 120-02. When PWL concepts are incorporated, compaction shall continue until a PWL of 90 percent or more is achieved using the lower specification tolerance limits (L) below. The percentage of material within specification limits (PWL) shall be determined in accordance with the procedures specified in Section 110 of the General Provisions. The lower specification tolerance limit (L) for density shall be: Specification Item Specification Tolerance (L) for Density, (percent of Number laboratory maximum) Item P-152 90.5 for cohesive material, 95.5 for non-cohesive 95.5 If the PWL is less than 90 percent, the lot shall be reworked and recompacted by the Contractor at the Contractor's expense. After reworking and recompaction, the lot shall be resampled and retested. Retest results for the lot shall be reevaluated for acceptance. This procedure shall continue until the PWL is 90 percent or greater. GENERAL PROVISIONS III-77 2142 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 120-03 VERIFICATION TESTING. (For Items P-152 only.) The Engineer will verify the maximum laboratory density of material placed in the field for each lot. A minimum of one test will be made for each lot of material at the site. The verification process will consist of; (1) compacting the material and determining the dry density and moisture-density in accordance with [ASTM D 698 for aircraft gross weights less than 60,0000 pounds] [ASTM D 1557 for aircraft gross weights 60,000 pounds or more], and (2)comparing the result with the laboratory moisture-density curves for the material being placed. This verification process is commonly referred to as a "one-point Proctor". If the material does not conform to the existing moisture-density curves, the Engineer will establish the laboratory maximum density and optimum moisture content for the material in accordance with [ASTM D 698 for aircraft gross weights less than 60,0000 pounds] [ASTM D 1557 for aircraft gross weights 60,000 pounds or more]. Additional verification tests will be made, if necessary, to properly classify all materials placed in the lot. The percent compaction of each sampling location will be determined by dividing the field density of each sublot by the laboratory maximum density for the lot. END OF SECTION 120 GENERAL PROVISIONS III-78 2143 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System SECTION 130 SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91-54). The Contractor alone shall be responsible for the safety, efficiency and adequacy of his plant, appliances and methods of construction and for any damages which may result from their failure or their improper construction, maintenance or operations. The Contractor will be required to comply with the latest edition of Advisory Circular No. 150/5370-2E "Operational Safety on Airports During Construction". In addition, the Contractor will be required to comply with all Safety and Security Requirements stipulated in the Contractor's Safety and Security Requirements stated on Plans. END OF SECTION 130 GENERAL PROVISIONS III-79 2144 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-80 2145 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System SECTION 140 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will also ensure that the insurance obtained will extend protection to all subcontractors engaged by the Contractor. As an alternative, the Contractor may require all subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of the work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide to the County as satisfactory evidence of the required insurance either: Certificate of Insurance, or A certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change or reduction in coverage unless a minimum of thirty (30) days' prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. GENERAL PROVISIONS III-81 2146 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 - Products and Completed Operations - Blanket Contractual - Personal injury - -Expanded Definition of Property Damage 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 GENERAL PROVISIONS III-82 2147 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System GL3 X $ 500,000/person; $1,000,000/occurrence $ 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-83 2148 Key West International Airport REV. 09/12 Monroe County EYW Outbound Baggage System MISCELLANEOUS COVERAGES BR1 X 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 I Employee $10,000 ED2 Dishonesty $100,000 GK1 Garage $300,000 $25,000/vehicle GK2 Keepers $500,000 $100,000/vehicle GK3 $1,000,000 $250,000/vehicle MED1 I 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 I Hazardous $300,000 (Requires MCS-90 VLP2 Caro $500,000 (Requires MCS-90 VLP3 Transporter $1,000,000 (Requires MCS-90 BLL Bailee Liability Max. value of property HKL1 I Hangar keepers' Liability $300,000 HKL2 $500,000 H KL3 $1,000,000 Al R1 Aircraft Liability $25,000,000 Al R2 $1,000,000 Al R3 $1,000,000 AE01 Architect's Errors & Omissions $250,000/occurrence/$500,000 Agg. AE02 $500,000/occurrence/$1,000,000 Agg. AE03 $1,000,000/occurrence/$3,000,000 Agg. GENERAL PROVISIONS III-84 2149 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 CONTRACTOR'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Contractor Signature GENERAL PROVISIONS III-85 2150 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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-86 2151 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System GENERAL LIABILITY 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-87 2152 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System V E H I C L E L I A B I L I T Y 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-88 2153 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System B U I L D ER ' S RI S K 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-89 2154 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-90 2155 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System SECTION 150 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM 150.01 DEFINITIONS OF TERMS The terms used in this program have the meaning defined in 49 CFR Section 26.5. 150.02 OBJECTIVES/POLICY STATEMENT (Sub-section 26.1, 26.23) The County has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The County has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, the County has signed an assurance that it will comply with 49 CFR Part 26. It is the policy of the County to ensure that DBEs, as defined in part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also their responsibility: To ensure nondiscrimination in the award and administration of DOT assisted contracts; To create a level playing field on which DBEs can compete fairly for DOT assisted contracts; To ensure that the DBE Program is narrowly tailored in accordance with applicable law; To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; To help remove barriers to the participation of DBEs in DOT assisted contracts; and To assist the development of firms that can compete successfully in the market place outside the DBE Program. The Airport Business Manager has been delegated as the DBE Liaison Officer. In that capacity, the Airport Business Manager is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is GENERAL PROVISIONS III-91 2156 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System accorded the same priority as compliance with all other legal obligations incurred by the County in its financial assistance agreements with the Department of Transportation. 150.03 NON-DISCRIMINATION (Section 26.7) The County will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, the County 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. 150.04 DBE PROGRAM UPDATES (Section 26.21) The County will continue to carry out this program until all funds from DOT financial assistance have been expended. We will provide to DOT updates representing significant changes in the program. 150.05 FEDERAL FINANCIAL ASSISTANCE AGREEMENT ASSURANCE (Section 26.13) The County has signed the following assurance, applicable to all DOT-assisted contracts and their administration: The County shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT 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 DOT assisted contracts. The recipient's DBE'Program, as required by 49 CFR Part 26 and as approved by DOT, 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 County of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 US.C. 3801 et seq.) GENERAL PROVISIONS III-92 2157 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 150.06 REQUIRED CONTRACT CLAUSES (Sub-section 26.13, 26.29) Contract Assurance The County will ensure that the following clause is placed in every FAA assisted contract and subcontract: a. Nondiscrimination - The contractor 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. 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. Prompt Payment The County will include the following clause in each FAA assisted prime contract: The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 working days from the receipt of each payment the prime contractor receives from the County BOCC. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors 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 Board of County Commissioners. This clause applies to both DBE and non-DBE subcontractors. GENERAL PROVISIONS III-93 2158 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 150-07 OTHER CONTRACT PROVISIONS 1. Bidders List If the recipient's DBE program provides for collecting information for a bidders list by using a contract clause, the recipient should devise an appropriate clause and include it in each FAA assisted contract. FAA's "Sample DBE Program" interpreting 49 CFR Section 26 .11 lists various methods by which a recipient can collect information for a bidders list. Use of a contract clause is one such method. Recipients that choose to use another method would not include such a clause in their FAA assisted contracts. 2. 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/offerers 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/offerer has satisfied these requirements. The sample specification is intended for use in both nonconstruction 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 County 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/offerers, including those who qualify as a DBE. The bidder/offerer shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26 (Attachment 1), to meet the contract goal for DBE participation in the performance of this contract. The bidder/offerer will be required to submit the following information: (1)the names and addresses of DBE firms that will participate in the contract; (2) a description of the work that each DBE firm will GENERAL PROVISIONS III-94 2159 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System perform; (3) the dollar amount of the participation of each DBE firm participating; (4) written documentation of the bidder/offerer's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; (5) written confirmation from the DBE that it is participating in the contract as provided in the commitment made under (4) and (5) if the contract goal is not met, evidence of good faith efforts. DBE participation in this contract may be in the form of a prime contract, subcontract, joint venture, or another arrangement that qualifies under 49 CFR Sections 26, " How is DBE participation counted toward goals?" or 26.53(g), both of which is included as Attachment 2. GENERAL PROVISIONS III-95 2160 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System A T T A C H M E N T 1 DISADVANTAGED BUSINESS ENTERPRISE ( DBE UTILIZATION The undersigned bidder/offerer has satisfied the requirements of the bid specification in the following manner (please check the appropriate space): The bidder/offerer is committed to a minimum of 2.0 % DBE utilization on this contract. The bidder/offerer (if unable to meet the DBE goal of 2.0 %) is committed to a minimum of % DBE utilization on this contract and submits documentation demonstrating good faith efforts. Name of bidder/offerer's firm: State Registration No. By Signature Title GENERAL PROVISIONS III-96 2161 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System ATTACHM ENT 2 LETTER OF INTENT Name of bidder/offerer's firm: Address: City: State: Zip: Name of DBE firm: Address: City: State: Zip: Telephone: Description of work to be performed by DBE firm: The bidder/offerer is committed to utilizing the above-named DBE firm for the work described above. The estimated dollar value of this work is $ Affirmation The above-named DBE firm affirms that it will perform the portion of the contract for the estimated dollar values as stated above. By (Signature) (Title) If the bidder/offerer 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-97 2162 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System (Submit this page for each DBE subcontractor.) GENERAL PROVISIONS III-98 2163 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 3. DBE Compliance The contractor will be required to submit the following forms as part of their DBE contract compliance; A. Proposed DBE Utilization Form within seven days of the preconstruction conference. B. DBE Identification Form within seven days of the preconstruction conference. A separate form should be completed for each DBE firm. C. DBE Payment Certification Form for each DBE firm that is working as a subcontractor should be submitted with each pay request. Page 1 of these forms is due by the 10th of each month and must be signed and notarized both by the contractor and the DBE firm. Page 2 should be submitted when final payment has been made to the DBE firm. D. DBE Expenditure Report Form for each DBE firm that is working as a subcontractor should be submitted with each pay request. F. Final Report Utilization of Disadvantaged Business Enterprises (DBEs) Form with the final pay request GENERAL PROVISIONS III-99 2164 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System vF G I� Key West International & Florida Keys Marathon Airports a� DBE Program PROPOSED DBE UTILIZATION 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 PRECONSTRUCTION CONFERENCE TO THE ENGINEER/ARCHITECT 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: PROPOSED DBE UTILIZATION FORM Page 1 of 2 GENERAL PROVISIONS III-100 2165 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System vF G I� Key West International & Florida Keys Marathon Airports a� DBE Program PROPOSED DBE UTILIZATION 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 PROPOSED DBE UTILIZATION FORM Page 2 of 2 GENERAL PROVISIONS III-101 2166 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 10, Key West International & Florida Keys Marathon Airports DBE Program PROPOSED DBE UTILIZATION 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 PRECONSRUCTION CONFERENCE TO THE ENGINEER/ARCHITECT 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 FOR EACH DBE FIRM INTENDED TO PERFORM IN CONTRACT): NAME OF DBE FIRM: ADDRESS: CONTACT NAME: TEL/FAX/EMAIL: NAME OF AGENCY WHERE CERTIFIED: EXPIRATION DATE OF DBE CERTIFICATE: IS COPY OF DBE CERTIFICATE ATTACHED HERETO? 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: DBE IDENTIFICATION FORM Page 1 of 2 GENERAL PROVISIONS III-102 2167 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 10, Key West International & Florida Keys Marathon Airports DBE Program PROPOSED DBE UTILIZATION DISADVANTAGED BUSINESS ENTERPRISE(DBE) PARTICIPATION ESTIMATED PARTICIPATION BY THIS DBE CONTRACTOR AT PRECONSTRUCTION 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 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 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 DBE IDENTIFICATION FORM Page 2 of 2 GENERAL PROVISIONS III-103 2168 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 10, Key West International & Florida Keys Marathon Airports DBE Program DBE PAYMENT CERTIFICATION DISADVANTAGED BUSINESS ENTERPRISE(DBE) PARTICIPATION 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 PROPOSED DBE UTILIZATION FORM Page 1 of 2 GENERAL PROVISIONS III-104 2169 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 10, Key West International & Florida Keys Marathon Airports DBE Program DBE PAYMENT CERTIFICATION 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: 3. ACTUAL PARTICIPATION BY THIS DBE CONTRACTOR: $ 4. 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 CONTRACOR VERSUS ACTUAL PARTICIPATIONPERCENTAGE BY THIS DBE CONTRACTOR): NOTES: 1. PAGE 1 OF THIS FORM IS DUE BY THE 101h OF EACH MONTH AFTER DBE STARTS WORK WHETHER PAYMENT IS MADE BY PRIME CONTRACTOR OR NOT. 2. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT. 3. PAGE 1 OF THIS FORM IS TO BE PROVIDED UNTIL FINAL PAYMENT HAS BEEN MADE TO THIS DBE CONTRACTOR, INCLUDING ANY PAYMENT OF ANY RETAINAGE. 4. INCLUDE PAGE 2 OF THIS FORM ONLY UPON FINAL PROGRESS PAYMENT TO THIS DBE CONRACTOR. PROPOSED DBE UTILIZATION FORM Page 2 of 2 GENERAL PROVISIONS III-105 2170 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 10, Key West International & Florida Keys Marathon Airports DBE Program DBE EXPENDITURE REPORT DISADVANTAGED BUSINESS ENTERPRISE(DBE) PARTICIPATION THIS FORM MUST BE COMPLETED IN FULL AND SUBMITTED BY THE PRIME CONTRACTOR FOR EACH DBE FIRM USED, WITH EACH PAY REQUEST MADE BY THE PRIME CONTRACTOR PROJECT NAME: AIRPORT NAME: AIP PROJECT NUMBER: PRIME CONTRACTOR: ADDRESS: DBE CONTRACTOR: ADDRESS: PRIME CONTRACTOR PAY REQUEST NUMBER: TOTAL ESTIMATED DBE CONTRACT PARTICIPATION FOR THIS DBE CONTRACTOR:$ PERCENTAGE OF TOTAL CONTRACT: % CONTRACT DESCRIPTION OF WORK PERFORMED BY DBE CONTRACTOR ITEM UNIT ITEM ITEM NO. QUANTITY PRICE AMOUNT (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: $ DBE EXPENDITURE REPORT FORM Page 1 of 2 GENERAL PROVISIONS III-106 2171 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 10, Key West International & Florida Keys Marathon Airports DBE Program DBE EXPENDITURE REPORT 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 Date Print Name and Title DBE Contractor's Certification Information: Name of Agency where DBE Contractor Certified: Certificate Number: Expiration Date of DBE Certificate: Name of DBE Contractor Signature Date Print Name and Title NOTES: 1. THIS FORM IS DUE WITH EACH PAY REQUEST 2. DISTRIBUTION:ORIGINAL AND ONE COPY TO ENGINEER/ARCHITECT DBE EXPENDITURE REPORT FORM Page 2 of 2 GENERAL PROVISIONS III-107 2172 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 10, Key West International & Florida Keys Marathon Airports DBE Program 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 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): 5. NAME OF DBE FIRM: ACTUAL PARTICIPATION:$ ACTUAL PERCENTAGE OF TOTAL PROJECT: % OVERVIEW OF WORK PERFORMED: 6. NAME OF DBE FIRM: ACTUAL PARTICIPATION:$ ACTUAL PERCENTAGE OF TOTAL PROJECT: % OVERVIEW OF WORK PERFORMED: 7. NAME OF DBE FIRM: ACTUAL PARTICIPATION:$ ACTUAL PERCENTAGE OF TOTAL PROJECT: % OVERVIEW OF WORK PERFORMED: PROPOSED DBE UTILIZATION FORM Page 1 of 2 GENERAL PROVISIONS III-108 2173 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 10, Key West International & Florida Keys Marathon Airports DBE Program FINAL REPORT—UTILIZATION OF DBEs DISADVANTAGED BUSINESS ENTERPRISE(DBE) PARTICIPATION 8. 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 Date Print Name and Title NOTES: 4. THIS FORM IS DUE WITH FINAL PAY REQUEST FOR PRIME CONTRACTOR 5. DISTRIBUTION:ORIGINAL AND ONE COPYTO ENGINEER/ARCHITECT 6. 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. 7. THE DOLLAR AMOUNT SHOULD REFLECT ANY CHANGES MADE IN PLANNED WORK DONE BY THE DBE. 8. 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." 9. ANY WRITTEN EXPLANATION SHOULD BE ATTACHED TO THIS FORM PRIOR TO SUBMITTAL. PROPOSED DBE UTILIZATION FORM Page 2 of 2 GENERAL PROVISIONS III-109 2174 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System SECTION 160 CONSTRUCTION CONTRACT CLAUSES AIRPORT IMPROVEMENT PROGRAM 160-01 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. (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 GENERAL PROVISIONS III-110 2175 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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. If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within thirty (30) days of receipt and so a d v i s e t h e 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 GENERAL PROVISIONS III-111 2176 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (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 for the 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 GENERAL PROVISIONS III-112 2177 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the Plan or Program is financially responsible, and that the Plan or Program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB control number 1215-0140 and 1215-0017.) (2) (1) 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 GENERAL PROVISIONS III-113 2178 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 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 her first ninety (90) days of probationary employment as an apprentice GENERAL PROVISIONS III-114 2179 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 GENERAL PROVISIONS III-115 2180 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System site shall not be greater that permitted under the Plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than t h e 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 41C.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, GENERAL PROVISIONS III-116 2181 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 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 GENERAL PROVISIONS III-117 2182 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 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 GENERAL PROVISIONS III-118 2183 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 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 GENERAL PROVISIONS III-119 2184 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 the employment of laborers or mechanics shall require or permit any GENERAL PROVISIONS III-120 2185 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half (1'/2) times the basic rate of pay for all hours worked in excess of forty (40) hours in such work week. 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 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 GENERAL PROVISIONS III-121 2186 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System $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. 160-02 EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS A. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246, as amended). 1. As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this Contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person of whom the Director delegates authority; C. "Employer Identification Number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: 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 GENERAL PROVISIONS III-122 2187 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the Work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 (Ten Thousand Dollars) the provisions of these Specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or subcontractors toward a goal in an approved plan does not excuse any covered Contractor's or subcontractor's failure to take good faith efforts to achieve the plan goals and timetables. 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. GENERAL PROVISIONS III-123 2188 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure EEO. The evaluation of the Contractor's compliance with these Specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: 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 GENERAL PROVISIONS III-124 2189 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly includes minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources complied under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the Company's EEO policy and affirmative action obligations under these Specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work on any job site. A written record shall be made 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 GENERAL PROVISIONS III-125 2190 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these Specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors, adherence to and performance under the Contractor's EEO policies and 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 GENERAL PROVISIONS III-126 2191 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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). 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. GENERAL PROVISIONS III-127 2192 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). B. Contractor Contractual Requirements. During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. COMPLIANCE WITH REGULATIONS. The Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. 2. NONDISCRIMINATION. The Contractor, with regard to the Work performed by it during the Contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21 .5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix 3 of the regulations. 3. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENT OF MATERIALS AND EQUIPMENT. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligation under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. INFORMATION AND REPORTS. The Contractor shall provide all information and reports required by the Regulations or Directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the FAA to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. SANCTIONS FOR NONCOMPLIANCE. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the sponsor shall impose such Contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: GENERAL PROVISIONS III-128 2193 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System a. Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or b. Cancellation, termination, or suspension of the Contract, in whole or in part. 6. INCORPORATION OF PROVISIONS. The Contractor shall include the provisions of Paragraphs 1. through 5. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Sponsor to enter into such litigation to protect the interests of the Sponsor and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. C. Equal Employment Opportunity Clause. During the performance of this Contract the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The 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. GENERAL PROVISIONS III-129 2194 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 5. The Contractor will furnish all information and reports required by Executive Order 11246, as amended, of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the FAA and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246, as amended, of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246, as amended, of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the portion of the sentence immediately preceding paragraph 1. and the provisions of Paragraph 1. through 7. in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246, as amended, of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the FAA may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the FAA, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. D. Notice to be Posted. The "Equal Employment Opportunity is the Law" poster is to be posted by the Contractor in a conspicuous place available to employees and applicants for employment as required by paragraphs 1. and 3. of the EEO clause. Copies of this poster will be furnished to contractors at the Pre-Construction Conference. E. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246, as Amended). 1 . The 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: GENERAL PROVISIONS III-130 2195 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System minority participation for each trade 30.4 % Goals for Female participation in each trade 6.9 % GENERAL PROVISIONS III-131 2196 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System These goals are applicable to all the Contractor's construction work (whether or not it is Federal or Federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its Federally involved and non-federally involved construction. The Contractor's compliance with the executive order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specifications set forth in 41 CFR 60-40.3(a), and its efforts to meet the 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 GENERAL PROVISIONS III-132 2197 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System annually, on or before March 31 , complete and accurate reports on Standard Form 100 (Employee Information Report, EEO-1). The first such report is required within thirty (30) days after award unless the Contractor/subcontractor has submitted such a report within twelve(12) months preceding the date of award (the FAA or Department of Labor, OFCCP can designate other intervals). This form is normally furnished based on a mailing list, but can be obtained from the Equal Employment Opportunity Commission (EEOC) - Survey Division, 2401 E. St., NW, Washington, D.C. 20507 or by calling (703) 756-6020. This report is required if a Contractor or subcontractor meets all of the following conditions: a. Nonexempt. Contractors/subcontractors are not exempt based on 41 CFR 60- 1.5, 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 who work at the site are required to file if they meet the requirements of 41 CFR 60-1.7. 3. Records. The FAA or Department of Labor OFCCP may require a Contractor to keep employment or other records and to furnish, in the form requested within reasonable limits, such information as necessary. G. Requirement for Certification of Non-segregated Facilities. 1. Notice to Prospective Federally Assisted Construction Contractors. a. Certification of Non-segregated Facilities must be submitted prior to the award of a federally assisted construction contract exceeding $10,000 (Ten Thousand Dollars) which is not exempt from the provisions of the equal opportunity clause. b. Contractors receiving federally assisted construction contract awards exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 (Ten Thousand Dollars) and are not exempt from the provisions of the Equal Opportunity Clause. GENERAL PROVISIONS III-133 2198 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 2. Notice to Prospective Subcontractors of Requirement for Certification of Non-segregated Facilities. a. A Certificate of Non-segregated Facilities must be submitted prior to the award of subcontract exceeding $10,000 (Ten Thousand Dollars) which is not exempt from the provisions of the Equal Opportunity Clause. b. Contractors receiving federally assisted construction contract awards exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of the equal opportunity clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplied and construction contracts where the subcontracts exceed $10,000 (Ten Thousand Dollars) and are not exempt from the provisions of the equal opportunity clause. NOTE TO THE CONTRACTOR: This Certification is not required here if completed, signed and furnished to the Owner with the Proposal. Certification of Non-Segregated Facilities The Construction Contractor certifies that he does not maintain or provide, for his employees segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control where segregated facilities are maintained. The Construction Contractor further certifies that he will not maintain or provide, for his employees segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location, under his control where segregated facilities are maintained. The construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this Contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage and dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local customs, or any other reason. The Construction Contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 (Ten Thousand Dollars) which are not exempt from the provisions of the Equal Opportunity Clause and that he will retain such certifications in his files. Signature of Contractor Title 160-03 MISCELLANEOUS CONTRACT PROVISIONS GENERAL PROVISIONS III-134 2199 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 1. Airport Improvement Program Project (AIP). The Work in this Contract is included in AIP Project No. 3-12-0037-053-2016 which is being undertaken and accomplished by the Owner in accordance with the terms and conditions of a grant agreement between the Owner and the United States, under the Airport and Airway Improvement Act of 1982 and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), pursuant to which the United States has agreed to pay a certain percentage of the costs of the Project that are determined to be allowable project costs under that Act. The United States is not a party to this Contract and no reference in this Contract to the FAA or any representative thereof, or to any rights granted to the FAA or any representative thereof, or the United States, by the Contract, makes the United States a party to this Contract. 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 GENERAL PROVISIONS III-135 2200 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System service of a foreign country on the said list for use on the Project, the FAA may direct, through the Sponsor, cancellation of the Contract at no cost to the Government. Further, the Contractor agrees that, if awarded a Contract resulting from this solicitation, it will incorporate this provision for certification without modification in each Contract and in all lower tier subcontracts. The Contractor may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The Contractor shall provide immediate written notice to the Sponsor if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances.The subcontractor agrees to provide immediate written notice to the Contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the FAA may direct, through the Sponsor, cancellation of the Contract or subcontract for default at no cost to the Government. 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 GENERAL PROVISIONS III-136 2201 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System Protection Agency (EPA) List of Violating Facilities. b. To comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. C. That as a condition for award of a Contract, they will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the Contract is under consideration to be listed on the EPA List of Violating Facilities. d. To include in any subcontract which exceeds $100,000 (One Hundred Thousand Dollars), the requirements of(a), (b), and (c) above. STANDARD CLAUSE FOR SOLICITATIONS, CONTRACTS, AND SUBCONTRACTS REQUIRED FOR 49 CFR PART 29 8. Certification Regarding debarment, Suspension, ineligibility, and voluntary Exclusion: Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Bidder/Offerer certifies, by submission of this proposal or acceptance of this Contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. Where the Bidder/Offer/Contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. 9. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm 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 GENERAL PROVISIONS III-137 2202 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 10. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 11. Compliance with Procurement of recovered materials as set forth in 2 CFR § 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. GENERAL PROVISIONS III-138 2203 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 13. Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to(1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua 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-139 2204 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System END OF SECTION 160 GENERAL PROVISIONS III-140 2205 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System SECTION 170 BUY AMERICAN PREFERENCES APPENDIX A Page 1 BUY AMERICAN CERTIFICATE JAN (1991) By submitting a bid/proposal under this solicitation, except for those items listed by the offerer below or on a separate and clearly identified attachment to this bid/proposal, the offerer certifies that steel and each manufactured product, is produced in the United States (as defined in the clause Buy American - Steel and Manufactured Products or Buy American — Steel and Manufactured Products for Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. Offerers may obtain from (insert Sponsor Representative) lists of articles, materials, and supplies excepted from this provision. PRODUCT COUNTRY OF ORIGIN GENERAL PROVISIONS III-141 2206 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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-142 2207 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 170 GENERAL PROVISIONS III-143 2208 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System INTENTIONALLY LEFT BLANK GENERAL PROVISIONS III-144 2209 SPECIAL PROVISIONS 2210 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-2 2211 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System DIVISION IV SPECIAL PROVISIONS SPA - PROJECT GENERAL REQUIREMENTS ...........................................................................IV-5 SP-2 - NOTICE TO PROCEED, CONSTRUCTION PHASING AND WORK SEQUENCING ............................................................................IV-24 SP-3 - CONTRACT TIME AND LIQUIDATED DAMAGES .........................................................IV-26 SP-4 - PROTECTION OF AIRPORT CABLES, CONTROLS, NAVAIDS AND WEATHER BUREAU FACILITIES...........................................................................IV-28 SP-5 - RESIDENT PROJECT REPRESENTATIVE.....................................................................IV-30 SP-6 - SAFETY AND SECURITY REQUIREMENTS...................................................................IV-32 SP-7 - LIST OF DRAWINGS.........................................................................................................IV-42 SP-8 - TEMPORARY FACILITIES................................................................................................IV-44 SP-9 - DEWATERING....................................................................................................................IV-50 SP-10 - PRECEDENCE OF DOCUMENTS..................................................................................IV-52 SP-11 - FINAL PAY REQUESTS AND RELATED FORMS........................................................IV-54 SPECIAL PROVISIONS IV-3 2212 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-4 2213 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System SPECIAL PROVISION NO . 1 PROJECT GENERAL REQUIREMENTS 1. WORK LOCATION. The work will be performed at Key West International Airport, which is located between Flagler Avenue and South Roosevelt Boulevard, Key West Florida, on US Highway No. 1. 2. SCOPE OF WORK. This project consists of the additions to and modification of the existing outbound baggage handling system at Key West International Airport. This includes manufacturing, mechanical/electrical installation, controls and freight. The outbound baggage handling systems new sub system includes a new slope plate makeup carousel, all required conveyor components, fire security door, demolition and disposal of a section of existing BHS and motor control panels. As-built drawings will be provided along with all necessary training and testing. 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. All work included in this contract shall be completed within three hundred sixty-five (365) calendar days from Notice to Proceed 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 SPECIAL PROVISIONS IV-5 2214 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System work and contracted for under these specifications. The project layout surveying may be accomplished during daylight hours provided the Contractor meets the following conditions: A. The Contractor shall notify the Engineer and Airport Manager forty-eight (48) hours in advance with dates and times surveying will be started so a NOTAM can be issued. B. No survey work shall be accomplished without the presence of the Engineer or his authorized representative. 9. VERIFICATION OF EXISTING CONDITIONS. Prior to commencing with construction, the Contractor shall familiarize himself as to the existing conditions. Should the Contractor discover any inaccuracies, errors or omissions between the actual existing conditions and the Contract Documents, he shall within fifteen (15) calendar days of discovery, notify the Engineer in writing. 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 must meet the security requirements set for by Key West International Airport 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 Owner's Authorized Representative (OAR), 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, SPECIAL PROVISIONS IV-6 2215 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 OAR 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 OAR will hold weekly general project coordination and progress meetings at regularly scheduled times convenient for all parties involved. These meetings are in addition to specific meetings held for other purposes, such as special project meetings and special pre-installation meetings. The OAR 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 OAR 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. 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. 15. SCHEDULE OF WORK. SPECIAL PROVISIONS IV-7 2216 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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. 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: SPECIAL PROVISIONS IV-8 2217 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 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. SPECIAL PROVISIONS IV-9 2218 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 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 SPECIAL PROVISIONS IV-10 2219 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 OAR may at any time direct the Contractor to immediately remove his trash and debris from the site of the work when in the opinion of the Owner such trash constitutes a nuisance or in any way hinders the work or the Airports operations. If the Contractor should fail to remove his trash and debris from the site of the work in a timely manner, the Owner may have this work performed and deduct the cost of such from Contractor's payment. SPECIAL PROVISIONS IV-11 2220 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 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 SPECIAL PROVISIONS IV-12 2221 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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. 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. SPECIAL PROVISIONS IV-13 2222 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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: Afield set of drawings and specifications shall remain on the job site at all times and shall be available at all times to the Engineer. The field set shall be continuously updated to reflect the "as-built" condition of all work included in this Contract. The Contractor shall immediately include plainly and conspicuously on the field set of drawings, and at appropriate paragraphs in the specifications, all changes or corrections made by addenda and change orders as they are issued. 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. 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 SPECIAL PROVISIONS IV-14 2223 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 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 SPECIAL PROVISIONS IV-15 2224 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 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 SPECIAL PROVISIONS IV-16 2225 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 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. SPECIAL PROVISIONS IV-17 2226 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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. 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 SPECIAL PROVISIONS IV-18 2227 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 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 SPECIAL PROVISIONS IV-19 2228 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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. D Submit evidence of final, continuing insurance coverage complying with insurance requirements. k) Certify that all Social Security, Unemployment and all other taxes (City, State, Federal Government) have been paid. I) Provide receipt, as applicable, of affidavits certifying all labor standards of local, State, or Federal requirements have been complied with by the Contractor. K. Record Document Submittals Specific requirements for record documents are shown in the section, PROJECT RECORD DOCUMENTS. Other requirements are indicated in the SPECIAL PROVISIONS IV-20 2229 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 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. SPECIAL PROVISIONS IV-21 2230 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 2231 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-23 2232 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System SPECIAL PROVISION NO. 2 NOTICE TO PROCEED , CONSTRUCTION PHASING AND WORK SEQUENCING NOTICE TO PROCEED A. Notice to Proceed A Notice to Proceed will be issued no later than ten (10) days after award of contract. At this time the Contractor shall accomplish all the activities necessary to complete the manufacture and installation of the Outbound Baggage System, including 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. The Contractor shall submit a construction progress schedule to the Engineer in accordance with Section 16 of Special Provision No. 1. The progress schedule shall indicate the phasing and work sequencing anticipated to be accomplished by the Contractor. No actual work shall begin until the construction progress schedule has been approved by the Engineer. Three hundred and sixty-five (365) calendar days will be allowed to complete the work in its entirety. Construction work under this project will be accomplished during the daytime unless otherwise shown on the plans. The construction work included in this project has to be done as shown on the plans. SPECIAL PROVISIONS IV-24 2233 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System CONSTRUCTION PHASING AND WORK SEQUENCING Upon completion of the work, and before final payment, the contractor shall remove all equipment, surplus and discarded materials, rubbish, and shall submit an as-built information signed and sealed by a professional land surveyor. During the week of Fantasy Fest(October 31) and New Year week the contractor shall coordinate with the airport manager, OAR, and FBO's to isolate his work in some specific areas. The airport manager may instruct the Contractor to stop the work during this time. No additional time and/or cost will be granted to the Contractor. SPECIAL PROVISIONS IV-25 2234 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System SPECIAL PROVISION NO. 3 CONTRACT TIME AND LIQUIDATED DAMAGES CONTRACT TIME NOTICE TO DESCRIPTION CONTRACT PROCEED TIME TO COM PLETE This project consists of the additions o and modification of the existing outbound baggage handling system at Key West International Airport. This includes manufacturing, mechanical/electrical installation, controls and freight. The outbound NOTICE TO baggage handling systems new sub Maximum 365 PROCEED system includes a new slope plate Calendar Days makeup carousel, all required conveyor components, fire security door, demolition and disposal of a section of existing BHS and motor control panels. As-built drawings ill be provided along with all necessary training and testing. TOTAL CONTRACT TIME: Maximum 365 Calendar Days SPECIAL PROVISIONS IV-26 2235 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System LIQUIDATED DAMAGES If the work is not completed in accordance with the Contract, the Contractor will be assessed liquidated damages listed below for each calendar day the work overruns the allotted contract time. NOTICE TO PROCEED LIQUIDATED DAMAGES Failure to Complete the manufacture and installation within 365 days of $1,500 Per Day NTP SPECIAL PROVISIONS IV-27 2236 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 Owner's Authorized Representative (OAR) 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 OAR 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-28 2237 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-29 2238 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 OWNER'S AUTHORIZED REPRESENTATIVE (OAR). The OARs 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-30 2239 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-31 2240 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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-32 2241 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 92' from an active taxiway centerline or open excavations in excess of three inches (Y) deep within the above areas will require closure of the affected 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-33 2242 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 92' of active taxiways after work operations are ceased each work shift. Coverings for open trenches must be of such strength as to support the weight of a 60,000 pound gross weight aircraft on an FAA dual-gear type undercarriage. 13) All existing facilities, equipment (runway/taxiway lights, visual aids, NAVAIDS, etc.) and underground utilities shall be carefully protected by the Contractor. Any damage to these items caused by SPECIAL PROVISIONS IV-34 2243 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System the Contractor or Sub-Contractors shall be immediately repaired and restored to a condition similar or equal to the original condition. E. Payment. No separate payment shall be made for the safety requirements stated above. All costs necessary to provide these items or services shall be included in other bid items quoted in the Bid Proposal. 2. SECURITY REQUIREMENTS - CONTRACTOR A. General Intent. The Contractor shall comply with all security requirements specified herein. The Contractor shall designate in writing the name of his Contractor Security Officer (CSO). The CSO shall represent the Contractor on the security requirements of the contract. B. Construction Security Committee. The committee shall be established by the Manager or Director concurrent with the life of this contract to monitor, coordinate and adopt new security procedures relating to this contract. Meeting shall be scheduled by the Manager or Director. Committee membership shall include the CSO, the Manager or Director and such other personnel as the Manager or Director may designate. C. Contractor Personnel Security Orientation. The CSO shall be responsible for briefing all contractor personnel on these requirements and, from time to time, other security provisions adopted by the Construction Security Committee. All new contractor employees shall be briefed on these requirements prior to working in the construction area. D. Access to the Site. Contractor's access to the site shall be as shown on the plans. No other access points shall be allowed unless approved by the 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-35 2244 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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. 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. J. Contractor shall maintain security at all times during construction. SPECIAL PROVISIONS IV-36 2245 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 SPECIAL PROVISIONS IV-37 2246 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System approved by TSA, andalso 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 1542.1 13. 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 SPECIAL PROVISIONS IV-38 2247 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may cause al I of airport tenant's employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant. If the violation is a third violation, or there are multiple violations in excess of two violations, that is or are a civil penalty "moderate violation", the airport tenant shall pay 'to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs 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 SPECIAL PROVISIONS IV-39 2248 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System property to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant. If the violation is a second violation, or there are multiple violations, that is or are a civil penalty "maximum violation" the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice of cancellation of this Agreement by the airport operator. 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. 4) Survival of Sub-Section. This sub-section h shall survive the cancellation or termination of this Agreement, and shall be in full force and effect. SPECIAL PROVISIONS IV-40 2249 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 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-41 2250 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System SPECIAL PROVISION NO . 7 LIST OF DRAWINGS The drawings (included as Attachment A)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: OUTBOUND DRAWING LIST SHEET NUMBER SHEET NAME COVl COVER GEN-OB GENERAL NOTES OUTBOUND MAN MOTOR MANIFEST OUTBOUND B3.0 OUTBOUND CONVEYORS OVERALL PLAN VIEW B3.0.0 OUTBOUND CONVEYORS ISOMETRIC VIEW B3.OA OUTBOUND CONVEYORS PARTIAL PLAN VIEW A B3.OB OUTBOUND CONVEYORS PARTIAL PLAN VIEW B B3.1 OB1-30 TO OB1-32 PLAN AND ELEVATION VIEW B3.2 OBIA-01 TO OBIA-02 PLAN AND ELEVATION VIEW B3.3 OBIA-03 PLAN AND ELEVATION VIEW B3.4 OBIA-04 PLAN AND ELEVATION VIEW B3.5 OBIA-05 PLAN&ELEVATION VIEW B4.1 OB2-21 TO OB2-22 PLAN AND ELEVATION VIEW B4.2 OB2-23 PLAN AND ELEVATION VIEW B4.3 OB2-24 TO OB2-26 PLAN AND ELEVATION VIEW B4.4 OB2-27 PLAN AND ELEVATION VIEW B4.5 OB2-28 PLAN AND ELEVATION VIEW B4.6 OB2-29 PLAN AND ELEVATION VIEW B4.7 OB2-30 PLAN AND ELEVATION VIEW B4.8 OB2A-01 TO OB2A-02 PLAN AND ELEVATION VIEW B4.9 OB2A-03 PLAN AND ELEVATION VIEW B5.0 MU-02 INCLINE CAROUSEL OVERALL PLAN VIEW B5.1 MU-02 PLAN AND ELEVATION VIEW B5.2 MU-02 SECTION VIEWS SLO OUTBOUND CONVEYORS OVERALL STRUCTURAL HANGING PLAN VIEW 51.2 BOTTOM HANGERS AND HEADER BEAMS SCHEDULE 53.1 OB1-31 TO OB1-32 STRUCTURAL PLAN AND ELEVATION VIEW 53.2 OBIA-01 &OBIA-02 STRUCTURAL PLAN AND ELEVATION VIEW 53.3 OBIA-03 STRUCTURAL PLAN AND ELEVATION VIEW 53.4 OBIA-04&OBIA-05 STRUCTURAL PLAN AND ELEVATION VIEW 54.4 OB2-27 STRUCTURAL PLAN AND ELEVATION VIEW SPECIAL PROVISIONS IV-42 2251 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System S4.5 OB2-28 STRUCTURAL PLAN AND ELEVATION VIEW S4.6 OB2-29 STRUCTURAL PLAN AND ELEVATION VIEW S4.7 OB2-30 STRUCTURAL PLAN AND ELEVATION VIES S4.8 OB2A-0I &OB2A-02 STRUCTURAL PLAN AND ELEVATION VIEW S4.9 OB2A-03 STRUCTURAL PLAN AND ELEVATION VIEW DI.1 TYPICAL GT CONVEYOR DETAILS DI.2 PE&CS DETAILS DI.3 INCLINE CAROUSEL DETAILS DIA INCLINE CAROUSEL DETAILS DI.5 TYPICAL HANGING DETAILS DI.6 TYPICAL HANGING DETAILS DI.7 TYPICAL HANGING DETAILS DI.9 DOOR DETAILS SPECIAL PROVISIONS IV-43 2252 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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-44 2253 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 Contractor's responsibility. SPECIAL PROVISIONS IV-45 2254 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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-46 2255 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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 cleaned up and returned to its original condition to the satisfaction of the Owner. SPECIAL PROVISIONS IV-47 2256 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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-48 2257 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-49 2258 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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-50 2259 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-51 2260 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System SPECIAL PROVISION NO . 10 PRECEDENCE OF DOCUMENTS 1 . GENERAL. The 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. Contract (Division II) B. Special Provisions (Division IV) C. Technical Specifications (Division V) D. General Provisions (Division III) E. Plans (large scale detail drawings over smaller scale general drawings) SPECIAL PROVISIONS IV-52 2261 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-53 2262 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System 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-54 2263 Key West International Airport April 2024 Monroe County EYW Outbound Baggage System INTENTIONALLY LEFT BLANK SPECIAL PROVISIONS IV-55 2264 radn_nu">u tvo s c� t�ag88 8g t t 1. o ry m P G '^ P ^I.1_ I' COJ ^Q� 0^ wwLU C I L G � w w Q 0 >- J _ Q � "' z 00 z p o_ � - z � -j : J zti Q zz0z z 0LO U > w � m = LW oz � Oo z � N COCO <Q 0 � Q < w o � � m w CO Y 0 w z Y 0 U Q Y gIM Oouw ?"> tvo s "sm888g 8M O o s �q -2�� ohs W €�so� a�a IRE C7 a z S S S z w z0 0 0 0 Z >>>o¢z > > o Z U N O z o z o o o o z o m¢¢ o_ 0 0 z>z¢¢¢ z> co w 0 a a w > m m a a w a w w w w a w u2i <Fw a a w w s s w w W S w ¢m a 0 w w w 0 m ¢ w mo-- 0 z z > >>>>0 z 5 w z�0 0 0 z z m 0z>oN��' <00zozo—zzo�! o4m0¢.zzz¢.¢g 0 z ¢w¢w 0¢ 0 0 ¢ D z >w ¢¢¢ m m o_ z z z 0 z 0 0 0 0 0 0 o u z z z 0 0 0 0 0 0 0 z¢¢o z¢�— 2�0¢i�z z z 0¢w z om m ¢¢>>—¢a¢a a a a¢>w 0 0 0¢¢¢a 0 0 w w�a a 0 m m m m z a w w¢z w z w w w w a ¢ 0 0 a a a a a�a m 1 1 om S D D D o¢ >¢ ¢ ` d o z m 0 o o w w w o N w w w w a o 0 0 a w a w w w w o 0 m w w m N N a a a a N 0 0 0 p w z z z z M a z z w o 0 0 0 0 z o S z w M¢ ¢m m m m¢ �' 000 ¢¢m z z z m¢ z 0 N N z z z w o 0 0 o m ¢ ¢¢¢¢ z zoo<<U 0 0 >> 0000 ozzz`" ozw¢o_ 0�0000"'0 00000�' 0 z 0 ¢¢¢o z p z z z z ¢? 0 z p p p»»p ¢m m z z z Q z¢0 0 0 0 0 o z z z z 0 a a a o 5 0 5 5 5 5 a ¢w z o m m m m m m o 0 0 0 0 0" wzo Maaaa �4. `Voo Maaaryryryry��c� """0 c� o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m o 0 0 0 0 0 0 0 0 0 a?? o m � 0 0 m ai NMv.r� o�o z0� o 000 00 00 U 2 ww w 10 10 _ K 3 < < 3 =' Y O - - z O 0 w 4w O _ K S Q K w 3 a a \ E 5i ;-H M- m N, 0 w W w w W w W W w w w w W w w W w W W w . . . . 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G & S Airport Conveyor 3409 West Harry Wichita, KS 67213 Contact: Tim Buffam Phone: (888) 328-8826 Section 14540 - Baggage Handling Systems Specifications Page 1 of 41 2310 1.02 DESCRIPTION The work entailed in this section is the furnishing and installation of(number of systems) check in conveyor, (number of systems) general transport conveyor, and related equipment as noted herein. The work entails, without limitation, the design, manufacture, installation, and commissioning of the conveyors, including roll up doors (if applicable), and the complete electrical wiring and control systems. A) Check In Conveyors B) General Transport Conveyors C) Inclined Plate Sortation Devices (Slope Plate Conveyors) D) Flat Plate Conveyor(Pallet Loop Conveyors) E) Security /Fire Doors & Draft Curtains 1.03 REQUIREMENTS A) American Welding Society Standards a) AWS-A2.0 Standard Welding Symbols b) AWS-C1.1 Recommended Practice for Resistance Welding c) AWS-D1.0 Standard Welding Practice in Building Construction B) American Gear Manufacturers Association Standards a) 460.04 Practice for Gear Motors b) 461.01 Practice for Worn Gear Motors C) American National Standards Institute a) A-12.1 Safety Code for Floor and Wall Openings, Railings, and Toe Boards b) B-20.1 Safety Code for Conveyors, Cableways and Related Equipment c) B-29.0 Transmission, Roller Chains, and Sprocket Teeth Section 14540 - Baggage Handling Systems Specifications Page 2 of 41 2311 B-105.1 Specifications for Welding Steel Conveyor Pulleys e) B-33.1 Safety Standards for Flexible Cord and Fixture Wire f) A-53.1 Safety Color Code D) National Bureau of Standards a) Handbook H28, Screw Thread Standards E) National Fire Protection Association a) NFPA National Electrical Code F) National Electrical Manufacturers Associations Standards a) IC-S Industrial Controls and Systems b) MG-1 Motors and Gear Motors G) Air Transport Association a) ATA Specification 4 101, Specification for Ground Equipment Technical Data. H) Safety a) Current standard: All equipment and installation shall conform to the current standards and interpretations of the Williams- Steiger Occupational Health and Safety Act(OHSA) of 1970, Public Law 91-596, and ANSI Standards Number B20.1-1990. b) Switches: Motors will be provided with safety disconnect switches to permit shutting off the motor power circuits. Switches will be equipped with a"locking out" feature in the off position. c) Additional Features: The following additional safety features will be incorporated into the system: Section 14540 - Baggage Handling Systems Specifications Page 3 of 41 2312 d) Control methods, circuitry, mechanical equipment, and operating procedures shall consider the safety of the public and operation and maintenance personnel. System design will minimize possible damage to equipment and baggage being handled. If a conflict should arise between safety to people or equipment, safety to people will take precedence. e) Whenever an unsafe condition could develop from an equipment failure, or a procedural error, fail-safe techniques will be used to prevent the occurrence of the unsafe conditions. f) Public unattended control stations will be protected to prevent operation by unauthorized persons. g) System operation controls shall be convenient, clearly identified, simple, and safe to use. Possible errors shall be minimized. Emergency stops will be provided. I) General Practices /Workmanship a) All work shall be conducted in a professional manner and shall include (but not limited to)these practices: b) Work site shall be kept clean and free of any debris which may cause a work hazard or is otherwise unsightly - garbage & crates must be removed and disposed of at the direction of the supervising engineer. c) All products shall be free of burrs and sharp edges. d) All metal parts requiring site fit must be primed and painted to match adjacent conveyor. e) All welds must be thoroughly cleaned and wire brushed prior to priming & painting. Section 14540 - Baggage Handling Systems Specifications Page 4 of 41 2313 1.04 WARRANTY A) The scope and interval of the contractor's warranty will be explicitly concurrent with the design proposal. Component or subassembly warranties not assumed by the seller must run to owner from the manufacturer and be explicitly stated. As a minimum, the equipment will have a one (1)year warranty on parts only, beginning with in-service date or date of substantial completion of contract. This date will be determined at time of installation and will generally be considered the date that the system is turned over to the owner for use. B) Owner will have the option of performing any repairs necessary to maintain the unit(s) in a serviceable condition during the warranty period, notifying the manufacturer first before proceeding with the work. It shall be the responsibility of the owner to maintain accurate maintenance records for warranty purposes. 1.05 SUBMITTALS A) Upon notice to proceed, the contractor shall furnish within 21 days, four(4) complete material data submittal binders. The owner will endeavour to transmit electronically to the contractor accurate and up to date drawings of the facility in AutoCAD dwg format(R14 or later) as soon as possible to assist the contractor in the timely completion of the submittal process. Submittals must include all pertinent information describing the baggage conveyor manufactures proposed layout, component selection, details of material composition, electrical drawings, mechanical drawings, and cut sheets detailing all of the contractors proposed selection of drive components, belting types, door manufactures, etc. Drawings include at a minimum: mechanical layouts;plan views, elevation views, and cross sections of the baggage handling equipment in relationship to the building; electrical control cabinet; field device locations; and electrical wiring diagrams. B) Submittal Format Submittals should be laid out in the following five sections: a) Introduction & Warranty Information b) Detailed Systems Descriptions c) Mechanical Drawings d) Electrical Drawings e) Ancillary Information & Product Data Sheets Section 14540 - Baggage Handling Systems Specifications Page 5 of 41 2314 C) Samples: Submit samples of materials and finishes for each type of device in accordance with contract documents. Samples must be provided in the same number as number of submittals. D) Certification: Approval of material and equipment will be based on manufacturer's published data, where material or equipment are specified to be constructed and/or tested in accordance with the standards of the American Society of Mechanical Engineers, the National Electrical Manufacturer's Association, or the Underwriters' Laboratories, Inc. Contractor will submit proof that the items furnished under this specification conform to these requirements, if requested by the Engineer. 1.06 PROVISIONS FOR MAINTENANCE A) The system will be designed so that those parts which require periodic replacement or adjustment will be easily accessible and can be serviced in a minimum amount of time. B) If the building design hinders the layout of the conveyor for maintenance purposes, it is the responsibility of the contractor to notify the owner during the submittal and/or installation phase of the project that conflicts are foreseen so that a resolution can be found to any issues raised. Items requiring consultation may include (but are not limited to): a) Interferences with baggage height requirements b) Interferences with maintenance access to moving components c) Interferences of the baggage system into walkways, etc. d) Any part of system which might pose a threat to the health and safety of airline employees or the travelling public. Section 14540 - Baggage Handling Systems Specifications Page 6 of 41 2315 1.07 PERFORMANCE TEST After the installation of the system is complete,its operating capability will be demonstrated. All"debugging" will be completed prior to the start of the systems testing. It is expected that all systems will be run for a minimum of 24 hours in a"no load' condition prior to any systems being tested. The performance test will be conducted in the presence of the owner and/or representative to a maximum of eight(8)hours. The requirement for systems testing will remain at the discretion of the supervising engineer. A) The performance test will include: a) Checking the operational and safety devices of the system using bags, totes, or boxes. b) Demonstrating the capability to handle the required sizes and weights of baggage through the system without jamming or excessive toppling of baggage. c) Demonstrating the capability of all conveyors to start under full load. d) Measuring all conveyor speeds using a standard device. These measurements will be taken with the system in a"no load" condition, i.e. all conveyors running without baggage. Any component not operating within eight(8)percent of design speed will be reworked to bring it to proper speed. f) Measuring the amperage draw of all conveyors in the "no load" condition - any conveyors running within ten (10)percent of recommended amperage must be re-sized to the next size up. (i.e., 1 H.P. to a 1 1/z H.P.) f) Taking temperature readings of motor/ gearbox components to insure that they are not out of manufactures specs. g) Ensuring all belts track correctly. h) Ensuring all electrical functions /control stations /emergency stops function correctly. B) Correction of Unsatisfactory Operation During the test period, any deficiencies or variations in the design, fabrication, or operation causing unsatisfactory performance will be corrected to provide satisfactory performance. Manufacturer must have appropriate service personnel on site during the test period to service or adjust the systems equipment as required. Section 14540 - Baggage Handling Systems Specifictions Page 7 of 41 2316 C) Test Program A test program for compliance with the above demonstration requirements will be submitted for review and approval prior to operations start-up date for the systems. D) Failure Defined A failure during any test period will be defined as any design characteristic or malfunction or the furnished equipment or materials that damage baggage or reduce any operating rate below those specified. Conditions resulting from improper loading of baggage or loading baggage of sizes not included in the specification requirements will not be considered as failures. 1.08 ACCEPTANCE A) After completion of the system performance tests, an acceptance inspection will be made by the customer's representative and a representative of the manufacturer. The purpose of this inspection will be to determine that the conveyor system has been furnished and installed as specified. If the system is non acceptable for reasons of non-compliance to the drawings and specifications, the owner will receive immediate corrective action within the construction schedule. A final acceptance inspection will be done to determine if all corrections have been made. B) Even though the equipment will be inspected and accepted for warranty purposes, the acceptance date will not occur before all contractual obligations are completed. This includes the delivery of all "as built" drawings, maintenance, operations and spare parts manuals, and ensuring all punch list items have been completed. C) A system acceptance form will be executed by the owner and contractor at conclusion of this acceptance. Section 14540 - Baggage Handling Systems Specifications Page 8 of 41 2317 1.09 OPERATION& MAINTENANCE MANUALS Three (3) Operation and Maintenance manuals will be provided. Manuals will be presented to the owner prior to the date of the start of the pre-acceptance testing period &prior to any maintenance training on the systems installed. The manuals will be updated by supplement to reflect any field changes or equipment changes due to warranty, etc., that are made during the warranty period of the system so that the manuals will reflect"as built" information. A). The Operations & Maintenance manuals will be organized as follows: a) Section One—Introduction and Warranty b) Section Two - Safety c) Section Three - System Description (for each system) Details to include: belting types & lengths, drive types & horsepower's, support types, conveyor finishes, etc. d) Section Four- Mechanical Drawings ("as built") e) Section Five - Electrical Drawings ("as built") f) Section Six - Conveyor Equipment- equipment overview, maintenance instructions, and maintenance check lists. g) Section Seven - Bill of Materials - (including all electrical & mechanical components) h) Section Eight- Ancillary Equipment Information - (manufacturers printed maintenance materials for all ancillary equipment) i) Section Nine - Recommended Spare Parts Listing The spare parts list must be tailored to specific requirements of the project. Long lead time items must be highlighted and bold faced, prices must be included for all recommended spare parts j) Section Ten - Order Forms Section 14540 - Baggage Handling Systems Specifications Page 9 of 41 2318 1.10 OPERATIONS & MAINTENANCE TRAINING A) General Requirements a) The baggage conveyor manufacturer must provide to the owner at no additional cost, complete maintenance and operational training at the conclusion of the installation phase. b) Training must be conducted while the system is operational and as close as possible to the system start up date. c) Training must be conducted in person and be done by a knowledgeable person who has extensive experience with the equipment and who will be able to answer any questions which may arise during the training. d) Maintenance training will be conducted for a period up to 8 hours in duration. Maintenance training must include: O & M manual, review and schedule preventive maintenance programs, troubleshooting instruction, and question and answer session. At the owners request this training may also include component removal and replacement demonstration. Maintenance should be hands on and should utilize the working equipment as a teaching aid. e) Operation training will be conducted in up to 4 classes of 1/z to 3/4 hour duration. The contractor/trainer must be available at odd hours so that workers on odd shifts can be accommodated. f) Record of persons trained(operations & maintenance)will be forwarded to the owner with the "as built" drawings at the conclusion of the project. 1.11 "AS BUILT" DRAWINGS A) At the conclusion of the contract work, the customer will be provided with three copies of"as built" drawings. 1.12 INCONSISTENCIES The manufacturer will be responsible for notifying the customer for resolution of any inconsistencies in the contract documents. Section 14540 - Baggage Handling Systems Specifications Page 10 of 41 2319 1.13 CONSTRUCTION SCHEDULE The work will be started and completed in the time shown on the construction schedule and/or as directed. 1.14 BUILDING CODES All equipment and installation will comply with the current National Electric Codes, NEMA standards, and all applicable local, building, and safety codes. Section 14540 - Baggage Handling Systems Specifications Page 11 of 41 2320 PART 2 - DESIGN SPECIFICATIONS 2.01 LUGGAGE SIZE The system is designed to handle baggage sizes as follows: Normal: Items which can be processed by the equipment without special handling. A) Oversized items such as animal cages, map cases, golf bags, duffel bags, etc. which cannot be handled by the equipment and must be manually transported. Skis, golf bags, and duffel bags with maximum dimensions of 54 inches in length by 18 inches in height and weighing up to 70 pounds can be processed as normal baggage. B) Fragile/Odd Size; Items such as garment bags, hat boxes, bowling balls, shopping bags, etc., which when in tote trays can be process as normal baggage. C) The following defines the physical characteristics of normal baggage and is to be used in the design of the new system: Parameter Maximum Minimum Length 36" (1100mm) 12" (305mm) Width 24" (610mm) 3" (75mm) Height 30" (770mm) 3 (75mm) [Weight 1004 (45kg) 5 4 (2.25 kg) Note: For testing purposes the average bag length is to be 30". 2.02 LIVE LOAD All load conveyors will be designed to support and move a minimum live load of 40 pounds per lineal foot, with a maximum load of 100 pounds per bag. All conveyors will be capable of starting under full load conditions. Section 14540 - Baggage Handling Systems Specifications Page 12 of 41 2321 2.03 CLEARANCES A) A minimum of 36" clearance from the conveying surface to the underside of any building members or utilities will be maintained. If any building condition causes an inability to maintain this clearance -the owner/ owner's representative should be notified as soon as possible. B) The baggage system will be designed to perform, including required clearances, in a baggage room with a net vertical clearance dimension of 8'-0". 2.04 FRICTIONAL COEFFICIENT A minimum frictional coefficient of 0.25 will be used for the purposes of calculating horsepower requirements. 2.05 SERVICE All equipment provided under this contract will be heavy-duty and has been designed for a service requirement of 18 hours per day, 365 days per year continuous service. All gear reducers will be selected for AGMA class II operation. 2.06 VIBRATION LIMITS All equipment provided under this contract will not produce or induce any vibrations into the building that will be injurious to the system or structure. Equipment supported from the building structure should be mounted with vibration isolators. 2.07 SWAY BRACING All hanging conveyor shall be sway braced a minimum of every twenty (20) feet- if more bracing than this is required to provide a rigid installation it will also be the contractor's responsibility. Satisfactory rigidity will be at the discretion of the supervising engineer. Section 14540 - Baggage Handling Systems Specifications Page 13 of 41 2322 2.08 NOISE LIMITS A) The equipment provided under this contract will not emit ambient noise levels exceeding 50 dB in public areas, 60 dB in non public areas nor will the equipment increase the ambient noise levels more than 15 dB. B) In no case will total noise levels exceed 70 dB above the frequency of 4000 cycles per second or below 100 cycles per second. C) Testing will be conducted as follows: a) The baggage handling system equipment will be turned off. b) All other equipment(i.e., air conditioning and heating equipment)will be on and outside noise sources will be normal (aircraft and mobile ground equipment operating). c) Noise level readings will be taken throughout a zone five feet above the floor using a standard ASA sound level meter set to the"A" weighted scale. d) After the ambient noise level has been determined by steps a, b, & c -the baggage handling system equipment will be turned on and the total noise level will be measured at the same points through out the zone that the ambient levels were measured. 2.09 COMPATIBILITY & VERSATILITY With a focus on increased equipment standardization and reducing maintenance resource requirements the following will be undertaken: A) All conveyor components will be standardized as much as possible,providing maximum interchangeability of components and thereby reducing the number of spare parts required. B) The design, construction, and installation of all conveying equipment will provide maximum accessibility and convenience for all maintenance and operating requirements. (See section 1.06 above) Section 14540 - Baggage Handling Systems Specifications Page 14 of 41 2323 The equipment will provide maximum accessibility for the repair or replacement of parts, or assemblies in lieu of parts, or other removable and replaceable equipment items without having to move, remove, or dismantle associated equipment, other equipment, or structural items in the area. D) Lubrication fittings and electrical controls will be located wherever possible with maximum access as a prime objective. In areas where there are catwalks; drives, disconnect switches,jam detectors, etc., will be mounted so that they are accessible from the catwalk. E) Guards, covers, etc., will be equipped with quick removal fasteners or hinges with pull pins in areas where jams may occur or maintenance access is limited. 2.10 RADIO INTERFERENCE A) The equipment provided will not cause interference with communications within the airport and aircraft or ground vehicles B) All electrical and electronic equipment, including inter-connecting wires and cables are designed to operate without interference in the presence of normal electromagnetic emissions generated by other equipment installed or used at the airport. The normal airport environments include various electrical motors and controls,power tools (including welders), automotive vehicles, etc. Section 14540 - Baggage Handling Systems Specifications Page 15 of 41 2324 PART 3 - MECHANICAL SPECIFICATIONS 3.01 GENERAL A) Structural plates conform to ASTM A-36. Hot rolled sheets and coils conform to ASTM A-569. Structural steel shapes conform to ASTM A-36 B) All welding electrodes will conform to AWS A-5. 18-69. The standard code for arc and gas welding in building construction will be used as a guide to general procedure and qualification of welders. C) Fasteners conform to ASTM A-307 Class 2A thread fit for bolts, and Class 2B thread for nuts. All fasteners are plated. All fasteners will be locked with ny-locks or lock washers. D) Steel used in the fabrication of the equipment is new, clean and free from rust, rust pits, kinks, and sharp bends. The forming processes will not fracture or otherwise damage the metal. Burrs, sharp edges, and sharp corners will be removed. All parts are formed and cut properly to assure uniformity. All joints will be smooth and all corners rounded. Holes for photocell beams will be punched and free of any sharp edges of burrs. E) Unguarded, exposed sharp corners and edges of items; such as, but not limited to support legs, braces, and trim will be well rounded or removed to prevent injury to employees or damage to clothing. 3.02 BELTING A) Specification for belting used on all horizontal conveyors in public view: (manufactured by Habasit Globe USA /Forbo Siegling/Ammeraal Beltech/or approved equal) Overall thickness: 5/32" (2 ply) Color: black Covers: 1/32" x bare surface Carcass: Polyester Workload: 150 pounds per inch of width Ultimate tensile: 1500 pounds per inch of width Section 14540 - Baggage Handling Systems Specifications Page 16 of 41 2325 B) Specification for belting used on all horizontal conveyors not in public view: (manufactured by Habasit Globe USA /Forbo Siegling/Ammeraal Beltech/or approved equal) Overall thickness: 9/64" (2 ply) Color: black Covers: bare x bare surface Carcass: Polyester Workload: 150 pounds per inch of width Ultimate tensile: 1500 pounds per inch of width C) Specification for belting used on all incline and decline conveyors over 8 degrees: (manufactured by Habasit Globe USA /Forbo Siegling/Ammeraal Beltech/or approved equal) Overall thickness: 9/32" Color: black Covers: rough top x bare surface Carcass: Polyester Workload: 150 pounds per inch of width Ultimate tensile: 1500 pounds per inch of width D) Specification for belting used on all merge conveyors: (manufactured by Habasit Globe USA /Forbo Siegling/Ammeraal Beltech/ or approved equal) Overall thickness: .090" Color: Black Covers: PVC Carcass: 50150 cotton-polyester Workload: 85.6 pounds per inch of width Ultimate tensile: 850 pounds per inch of width E) Belt lacing will be sized based on belt thickness, width and load requirements and will be manufactured by Clipper or Anchor. 3.03 CONVEYOR BEDS A) The conveyor frame will be capable of supporting a static, uniformly distributed load of 25 pounds per square foot without excessive deflection which would be detrimental to the frame structure. Frame support legs will be on 8 foot centers except in loading and unloading areas where 5' support intervals will be used. Section 14540 - Baggage Handling Systems Specifications Page 17 of 41 2326 B) Conveyor framework will be made of steel. The slider bed will be a minimum of 12-gauge steel and will provide a smooth, level surface. C) Slider bed panels will be of 12 gauge material broke in the form of a channel. This channel form will have closed ends and will be cross braced with 1-1/2" x 1-1/2" x 3/16" angle iron on 32" centers for all sections of conveyor. D) The bed sections on stainless steel trimmed conveyors will not have an elevation difference between the slider bed surface and the stainless trim. E) Conveyor beds within tunnel areas will be supported to a top of belt height of 24" above the floor. 3.04 SIDE GUARDS AND SHROUDING A) Vertical side guards for conveyors not in public view will be 12 gauge hot rolled mild steel (HRMS) extending vertically 21" above the bed and will incorporate 1- 1/4" x 1-1/4" x 3/16" angle iron stiffeners on 32" centers for all conveyor sections. Side guards in public view will be formed 14 gauge stainless steel, type 304 44 brush and will be 18" high. Stainless steel guards will be supported on 5' centers, and will be present on both sides of the slide bed unless at a loading or unloading section where one high side and one low side will be used. All joints will be aligned for snag free operation. B) The distance between side guards will be 3" greater than the belt width. Side guard joints are bolted and will provide a continuous, uninterrupted surface for the entire length and height of the joints. C) The side guards of power turns will not be welded to adjacent straight conveyor side guards. No mechanical or electrical equipment will be mounted on the outside radius side guard of Portec curves or the either radius side guard of Transnorm curves. D) Shrouding will be provided for conveyor equipment located in public areas. The shrouding will be formed stainless steel, 12 gauge, type 304 with horizontal 44 brushed finish. All connections will be smooth and flush without openings or projections on which bag tags, straps, etc., may catch. HRS shrouding and or bearing caps will be provided on unload conveyors to meet OSHA requirements. Section 14540 - Baggage Handling Systems Specifications Page 18 of 41 2327 3.05 FINISHES A) The belt side of the slider bed will be unpainted. All conveyor components, structure members and structural supports will under go a chemical wash followed by a powder coating process. The resultant color will be ASA 70 Grey. B) All surfaces which are to be painted will be thoroughly cleaned of rust, scale, oil, grease, grit, welding slag, and all other forms of dirt detrimental to good painting practices. After installation, all scuffed or otherwise marred surfaces will be cleaned and a touch-up coating of paint applied. C) All flat head screws used to attach the stainless steel shrouding, such as the horizontal portions attached to the conveyor bed, will be completely countersunk so that no portion of the screw head is above the adjacent surface. Grinding or filing of the screw heads is not acceptable. D) Site welding of stainless steel should be avoided if at all possible. The contractor may elect to site weld stainless upon approval by the site engineer. Any field welding done to stainless steel trim will be done in the same manner and with the same procedures as in the manufacturing plant. This includes all polishing procedures and techniques. Blemishes of the stainless steel trim elements will not be accepted, including those caused by poor manufacturing or field practices. E) Claim Units (pallet loop or sloped plate conveyors) in public areas are to be trimmed in 12 gauge stainless steel. F) Claim Units (pallet loop or sloped plate conveyors) in baggage make up areas are to be trimmed in 12 gauge galvanized steel. G) Structural members of claim units are to be primed and painted with at good quality primer &paint in the contractor's standard color. 3.06 SUPPORTS A) All hanger type supports will be adjustable and of 3/4" diameter threaded rod. Cross sills will be properly sized angle, channel, or pipe. Hangers will be adequately sway braced laterally and/or longitudinally as required to provide a rigid installation. Maximum hanger support centers will not exceed 10'. Overhead conveyors will be supported from building structural steel or by using expandable type anchors in concrete ceilings. Vibration isolators must be used where conveyor is supported from the building structure. Section 14540 - Baggage Handling Systems Specifications Page 19 of 41 2328 B) Floor supports will be adjustable and formed of a minimum 12 gauge steel. Supports at load and unload conveyors will be placed at a maximum of 5' centers, and a maximum of 10' centers on all transport conveyors. Floor supports should HRMS with a powder coat finished. 3.07 HEAD AND TAIL PULLEYS A) Head pulley a) All head pulleys are manufactured from schedule 40 piping. Each pipe has its ends internally bored to receive side plates. These side plates are made from 3/8" mild steel plating and are laser cut to exacting sizes and are then drilled to receive four bolt flange bearings. They are then fitted into the roller and continuously welded. The final process involves machining a 1/8" per foot trapezoid crown into the face of the pulley to enhance tracking efforts. This final machining also removes any of the roller's radial runout. b) All rollers are mounted on 1045 ground&polished shafting of 1 1/z" diameter. Rollers are prevented from axial movement along the shaft with the use of circlips. Bearing creep is eliminated with the use of eccentric collars or setscrews. c) Pulleys will be of 6" diameter with a 1/4" wall, except at the end of crowned sections. d) Slider beds will be positioned to keep the gap between the end section and the pulley end to a minimum. The gap between adjacent end pulleys will not exceed 1", with 1/z" being the design objective. e) All head pulleys will be equipped with plated jacking bolts to provide a total combined adjustment of 1 1/z" per conveyor minimum. Jacking bolts will be equipped with jam nuts. B) Tail Pulley a) All head pulleys are manufactured from schedule 40 piping. Each pipe has its ends internally bored to receive side plates. These side plates are made from 3/8" mild steel plating and are laser cut to exacting sizes and are then drilled to receive four bolt flange bearings. They are then fitted into the roller and continuously welded. The final process involves machining a 1/8" per foot trapezoid crown into the face of the pulley to enhance tracking efforts. This final machining also removes any of the roller's radial runout. Section 14540 - Baggage Handling Systems Specifications Page 20 of 41 2329 b) All rollers are mounted on 1045 ground&polished shafting of a minimum diameter of 1 1/z". Bearing creep is eliminated with the use of eccentric collars or setscrews. c) Pulleys will be of 6" diameter with a 1/4" wall, except at the end of crowned sections. d) Slider beds will be positioned to keep the gap between the end section and the pulley end to a minimum. The gap between adjacent end pulleys will not exceed 1", with 1/z" being the design objective e) All tail pulleys will be equipped with jacking bolts to provide a minimum total combined adjustment of 1 1/z" per conveyor. All jacking bolts will be equipped with jam nuts. f) Tail pulleys enclosure design will allow the tail pulley to be easily removed from either side or out the bottom by simply removing a flank plate. 3.08 POWER PULLEYS * see section 3.14 3.09 TAKE UP AND SNUB PULLEYS A) All take-up pulleys are manufactured from 6" diameter schedule 40 piping. Each pipe has its ends internally bored to receive side plates. These side plates are made from 3/8" mild steel plating and are laser cut to exacting sizes and are then drilled to receive four bolt flange bearings. They are then fitted into the roller and continuously welded. The final process involves machining straight machining the face to remove run out. B) Take up rollers are mounted on 1045 ground &polished shafting of 1 1/z" diameter. Rollers are prevented from axial movement along the shaft with the use of circlips. Bearing creep is eliminated with eccentric collars or setscrews. C) Take Up pulleys are to be mounted on threaded take-up devices with a minimum of 6" adjustment in either direction. Adjustments to belt tension must be possible from either side of the conveyor(adjuster rods are joined via sprocket and chain to both sides of the conveyor) Section 14540 - Baggage Handling Systems Specifications Page 21 of 41 2330 D) All snub pulleys are manufactured from schedule 40 piping. Each pipe has its ends internally bored to receive side plates. These side plates are made from 3/8" mild steel plating and are laser cut to exacting sizes and are then drilled to receive four bolt flange bearings. They are then fitted into the roller and continuously welded. The final process involves machining the face of the pulley to remove any radial runout. E) All snub pulleys will be equipped with plated jacking bolts to provide a total combined adjustment of 1 1/z" per conveyor minimum. Jacking bolts will be equipped with jam nuts. 3.10 BELT RETURN ROLLERS A) Return rollers will be a minimum of 2 1/z" diameter, 11 gauge steel equipped with an 11/16" hex shaft axle. Support bearings are sealed permanently lubricated precision ball bearings. Location of rollers will be on 8' centers and may be reduced in areas which require it. 3.11 VERTICAL BENDS (KNUCKLES) A) Vertical bends will be of the curved slider bed design and fabricated from a minimum of 12 gauge steel. Minimum belt radius will be five feet. Each bend will be equipped with a 4" diameter snub pulley mounted on precision 2 bolt flange bearing (bearings as per bearing spec.). The maximum acceptable bend will be 22 degrees with 18 being a design objective. 3.12 POWER TURNS A) All powered turns will be manufactured by either Transnorm or Portec. Unless otherwise noted, "B" radius curves will be used at ticket counters, and "C" radius elsewhere. The belt speed as measured on the center line of the belt width will match the speeds of adjacent conveyors or progressively increased to meet bag travel time requirements. Side guards for turns will be in alignment with the adjacent straight conveyor side guards. The angle iron frame supporting the outside guard will be fabricated in two sections on turns greater than 90 degrees for quick removal for repairs and maintenance. Belting and drive components for power turns will be supplied by the curve manufacture. Section 14540 - Baggage Handling Systems Specifications Page 22 of 41 2331 B) Drive motors will be "C" face units mounted to shaft mount reducers. Motor/gearbox units supplied by SEW Eurodrive (S or K Series) or by Dodge (Combination Tigear) 3.13 BEARINGS A) All bearings will be greaseable , self-aligning, anti-friction, ball bearing type,pre- lubricated and sealed with synthetic lip seals. All bearings will be provided with lubrication fittings. B) Bearings will have a minimum B-10 life of 30,000 hours based on service and loading of conveyors, and on the manufacturer's published data showing the load rating of each bearing. Calculation to be furnished upon request. C) All bearings will be Dodge, Link Belt, or Fafnir. 3.14 CONVEYOR DRIVES A) Drive unit pulley enclosure design will allow the drive unit pulleys to be easily removed from either side or out the bottom by simply removing a flank plate. All conveyors will be powered using motorized pulleys or integral gearbox/motor combination drives (drives must be "close coupled" or"C" faced without need of belts/ chains/ etc.) Motorized pulleys may be manufactured by Van der Graaf, Joke (Interoll) or approved equivalent. Gear& motor drives may be supplied by SEW Eurodrive (S or K series) or by Dodge (Combination Tigear) or engineer approved equal. B) Drive Unit frame is manufactured in a separate modular form. It consists of four rollers; motorized pulley or drive roller, head, snub and take-up. The design allows each of these rollers to be easily removed from either side by simply removing a flank plate. C) All power pulleys will be lagged with a minimum 1/4" thick vulcanized lagging of 50 to 60 durometer and will have a crowned face. Minimum belt wrap on drive pulleys will be 210 degrees. Drive pulley diameters and shaft sizes are determined as follows: a) Light Duty (300 pounds maximum belt pull) consists of a 6-3/4" minimum diameter drive pulley with 1-7/16" minimum diameter shaft. Where used, a roller chain will be RC-60. Section 14540 - Baggage Handling Systems Specifications Page 23 of 41 2332 Normal Duty (750 pound maximum belt pull) - consist of an 8 1/z" minimum drum diameter with a 1-11/16" minimum shaft diameter. Minimum roller chain used will be RC 60. c) Intermediate Duty (1000 pound maximum belt pull) - consist of an 10 3/4" minimum drum diameter with a 1-15/16" minimum shaft diameter. Minimum roller chain used will be RC 60. d) Heavy Duty (1250 pound maximum belt pull) - consist of a 12 1/z" minimum drum diameter with a 2-3/16" minimum shaft diameter. Minimum roller chain used will be RC 80. e) End drives: Power pulleys for end type drives or power take-offs will be lagged with a minimum 3/8" thick vulcanized lagging 50 to 60 durometer, and be 6" diameter, crown faced, and equipped with compression type hubs with 1-7/16" minimum diameter CRS shafts mounted in precision ground flange type ball bearings. End type drive units will not be used on conveyors exceeding 25' in length. Positive tracking pulleys may be used on conveyor lengths less than 5'. 3.15 CONVEYOR EQUIPMENT IDENTIFICATION A) Each conveyor section installed will be permanently marked with its perspective number shown on the approval drawings. Each conveyor number will be neatly painted or stenciled with letters 4" in height in a contrasting color, conspicuously located near the conveyor drive. Temporary markings on the conveyors or other equipment will be made with a medium which is readily removable without refinishing of the surface on which they appear. 3.16 BELT PROTECTION/ENCLOSURES / SAFETY GUARDING A) Mild steel protection guards will be provided and installed under all conveyors at points where conveyors incline or decline from 24" above finished floor to a point of 7' 6" above the finished floor and should be shown on the approved drawings. The guards will be constructed of flattened, expanded metal grating and attached with a minimum number of fasteners required to make them easily removable. Material type used will be in accordance with local codes and painted to match adjacent conveyor finishes. Section 14540 - Baggage Handling Systems Specifications Page 24 of 41 2333 Guarding will be provided for drive chains or V-belts. Such guarding will be of a two piece construction fabricated out of a minimum of 14 gauge sheet metal, designed for chain or V-belt inspection without requiring the removal of the guard(i.e., expanded metal screen). Design of the guarding and of the two sections will provide for easy removal and replacement. 3.17 PLOW/MERGE CONVEYORS A) The merge unit will consist of a level belt conveyor with a deflecting guard positioned to funnel the discharge from the secondary feed conveyor onto another conveyor. B) The deflecting guard will be installed to provide a tapered gap between the bottom edge of the guard in relationship to the merge unit conveyor belt surface. This gap should be no greater than 3/4" at the charge end and 1-1/4" at the discharge end of the merge unit. C) The deflecting guard will be non-powered. The maximum deflection guard angle will be 15 degrees from the center line of the conveyor or sort device onto which baggage is merged. The deflecting guard will be removable within a minimum amount of time in case of a jam. D) The deflector guard will be well braced so it cannot be deformed by normal forces placed against it during the baggage merge function. E) Face of deflector wall shall be polished metal of mild steel or covered with UHMWPE sheet stock of minimum 1/4" thickness fastened with countersunk screws. 3.18 DRAFT CURTAINS /DOOR OPENINGS A) Draft curtains will be provided at conveyor wall penetrations as indicated on drawings and will be flexible strip doors incorporating 8" x 1/16" black strips. Manufactured by Necor. Unless otherwise indicated a draft curtain must be provided at every opening where the conveyor passes through a wall into or out of a public space. B) The BHS contractor is responsible for providing a stainless steel trim to cover any exposed fasteners on the draft curtain Section 14540 - Baggage Handling Systems Specifications Page 25 of 41 2334 Door enclosures (i.e. the enclosure of the aperture through which the conveyor passes)will be the responsibility of the general contractor as part of his door schedule. Where the conveyor passes into or out of a public area, the public face of the wall will be a stainless steel door jamb. This will be the responsibility of the general contractor. 3.19 SPILL PLATES A) All conveyors feeding an incline plate device will be equipped with a spill plate to aid in baggage transfer. This plate will be constructed of a minimum of 12 gauge HRS (12 gauge stainless steel in public areas) and will be securely bolted to the discharge end of the belt conveyor. The width of the spill plate will be equal to the overall frame dimension of its respective conveyor. All welds,projections, corners, etc., will be smooth and well rounded to eliminate bag damage potential. The spill plate will be vertically adjustable, mounted 1/z" above the inclined plate device surface, and formed to the same slope angle as the Hite surface. 3.20 INCLINED PLATE SORTATION DEVICE (SLOPE PLATE) A) General a) Inclined plate devices will be constructed of articulating contoured flights forming a continuous, rotating, sloped surface. They will be arranged to receive baggage from a feed conveyor at a point on the inside rim, as indicated on drawings. The unit will be automatically fed via belt conveyor and will be operated continuously at 90 feet per minute. Minimum overall width of the conveyor surface is 56 inches. The unit's elevation will be such that the top surface of the outer trim will be 18" above the floor level. b) Metal components, chassis, and paneling are all cut and pressed on precision CNC controlled machinery, then welded or sub-assembled in accurate jigs. During fabrication,processes used to form and fuse these metals do not stress fracture or damage the metals. All sharp edges, corners or burrs are removed or rounded prior to the coatings stage. Section 14540 - Baggage Handling Systems Specifications Page 26 of 41 2335 B) Design Data a) The frame and track will consist of modular assemblies bolted together to form a support structure and guide for the flight assemblies. The track will be rolled or formed structural steel. Structural supports for the track are spaced on a maximum of 4 foot centers. b) Drive for the sloped plate conveyor will be of a"caterpillar" type drive mechanism. Unit will be driven by a single chain: double strand ANSI 120 standard with drive rollers spaced at 24"O.C. Drive links on the chain will engage dog plates which are attached to the spline assembly. Drive will be complete with adjustment bolts for chain adjustment and an idler sprocket on the slack side of the drive chain. c) The conveying surface of the inclined dispenser comprises a number of overlapping flites inclined to the horizontal at 22.5 degrees. Flites are manufactured in 12 gauge stainless steel type 304 with a 4 4 brushed finish. Stainless steel flites incorporate a UHMW wear strip on the underside of the flites trailing edge. d) Flites are fastened to metal splines which provide the necessary structural strength for the conveying surface. At the lower end of the flites, polyurethane dual hardness buffers are installed to arrest baggage as it is discharged from the feed conveyor and slides down the decline. Buffers are injection molded for accuracy and interchangeability and are bolted to support plates that are formed and bolted to the spines at the junction of the main conveying chain assembly. e) Metal splines supporting the conveying surface are pressed from mild steel sheet into a channel section. These spines bolt to the main conveying chain assembly with two bolts at the lower end of the 22.5 degrees decline, while at the top end a precision sealed for life bearing wheel with a molded plastic tire is bolted to the spine. A nylon restraint strap is bolted between each spline to ensure that the correct pitch between flites is maintained and that unit comes smoothly out of corners. f) Inclined dispensers intended for baggage claim function will have 12 gauge galvanized steel paneling. The toe recesses are fitted with black vinyl skirting. Paneling is bolted to the framework by domed fasteners. Section 14540 - Baggage Handling Systems Specifications Page 27 of 41 2336 g) Infill decking of 3/4" fire resistant plywood will be provided by contractor on units in the public area. Infill decking must be supported by a metal structure capable of supporting a dynamic load of 75 pounds per square foot. A hinged access door will be installed of sufficient size to easily permit the removal of drive components. Carpet or other finishes to the deck on inclined dispensers will not be the responsibility of the baggage handling systems contractor. C) Electrical a) The drive will operate on 480 VAC, 3 phase, 60 Hz power. A frequency drive, manufactured by AC Tech, will be used for soft start and speed control features. This drive will be capable of starting under full load. b) One 120 VAC, single phase, 60 Hz duplex receptacle and one incandescent light will be installed in the vicinity of the drive -these will be the responsibility of the building contractor& not the baggage handling supplier 3.21 FLAT PLATE SORTATION DEVICES (PALLET LOOP CONVEYOR) A) General a) Flat plate devices will be constructed of articulating flat pallets forming a continuous, rotating, claim or make up surface. They will receive baggage by hand loading or by a feed conveyor as indicated in the drawings. The unit will operate continuously at 90 feet per minute. Minimum overall width of the conveyor surface is 40 inches. The unit will have a useable tread width of 32 inches. Unit's elevation will be 12" to top of belt(unless indicated in the drawings). b) Drive for the pallet loop conveyor will be of a"caterpillar" type drive mechanism. Unit will be driven by a single chain: double strand British standard with drive rollers spaced at 19 1/z. Rollers on the chain will engage drive dogs of the underside of the carriage assembly for a smooth engagement. Drive will be complete with adjustment bolts for chain adjustment. c) The caterpillar assembly will be driven by a close coupled motor/gearbox combination. Acceptable manufactures include: Morse (Invader), Dodge (Combination Tigear), SEW Eurodrive (S or K Series), or approve alternate. Section 14540 - Baggage Handling Systems Specifications Page 28 of 41 2337 d) Metal components, chassis, and paneling are all cut and pressed on precision CNC controlled machinery, then welded or sub-assembled in accurate jigs. During fabrication, processes used to form and fuse these metals do not stress fracture or damage the metals. All sharp edges, corners or burrs are removed or rounded prior to the coatings stage. B) Design Data a) The frame and track will consist of modular assemblies bolted together to form a support structure and guide for the carriage &pallet assemblies. The support wheels are precisely located in angle 2" x 2 1/z" angle iron with a minimum of 10 wheels under each pallet at time. Radius components will be rolled or formed structural steel. Structural supports for the track& center guide rails are spaced on a maximum of 5 foot centers. b) The conveying surface of the flat plate conveyor comprises a number of articulating pallets which form a continuous loop around the perimeter of the device. The pallets are to be a minimum of 1/4" mild steel and fully encapsulated in polyurethane to a durometer of 85 on the shore a scale. c) Each pallet is securely fastened to it's carriage by the use of 3 countersunk bolts. d) Each carriage must be precision manufactured and jig welded to ensure accurate alignment. Each carriage is fitted with a precision, nylon lined, and spherical rod end bearing which permits articulation and reduces wear. e) Pallet loop conveyors for baggage claim functions will have 12 gauge stainless steel trim paneling (44 brush). The toe recesses are fitted with black vinyl skirting (6" tall). Trim paneling is directly bolted to the framework by domed fasteners. f) Pallet loop conveyors for baggage make up areas will have 12 gauge galvanized steel trim paneling. The toe recesses are also fit with 12 ga. galvanized steel paneling. Trim paneling is directly bolted to the framework by domed fasteners. Section 14540 - Baggage Handling Systems Specifications Page 29 of 41 2338 Infill decking will be provided for units in the public area. Infill decking will be 3/4" fire resistant plywood supported by a metal structure capable of supporting a dynamic load of 75 pounds per square foot. A hinged access door will be installed with sufficient size to easily permit the removal of drive components in areas where the drive is located in the public area. Carpet or other finishes to the infill deck will not be the responsibility of the baggage handling systems contractor. C) Electrical a) The drive will operate on 480 VAC, 3 phase, 60 Hz power. A variable frequency drive, manufactured by AC Tech, will be used for soft start and speed control features. This drive will be capable of starting under full load. b) One 120 VAC, single phase, 60 Hz duplex receptacle and one incandescent light will be installed in the vicinity of the drive -these will be the responsibility of the building contractor& not the baggage handling supplier 3.22 SECURITY/FIRE DOORS A) Door Details & Operation a) Doors must be rugged/heavy duty doors suitable for frequent cycling over a number of years. b) Doors specified as to being a security door or fire door on the drawings. Fire blocking beside the conveyor where fire doors are provided will the responsibility of the general contractor. Fire rating of door is to be as indicated on drawings (1/z hour, 1 hour, 2 hour, etc) c) Substrate (mounting)requirements to meet fire rating of the door shall be the responsibility of the general contractor. d) Doors to be rolling"counter shutter" type doors. e) Doors must be primed and painted metal (minimum 22 Ga. steel curtains) in the manufacturer's standard color. f) Doors in public view (which cannot be hidden behind draft curtains) must be constructed out of stainless steel (shutters and guides). Section 14540 - Baggage Handling Systems Specifications Page 30 of 41 2339 Doors must be fully interlocked with the BHS controls and system should not run until doors are in the fully raised position h) Doors must be provided with a manual method of opening in the event of electrical or controls failure (hand crank or chain hoist mechanism). i) In the event that the door operator has exposed chains belts which are located less than 7 1/2 above floor level, or at any height where they could be reached from the conveyor or catwalk, the drive mechanism must be fully guarded to prevent accidental entanglement. Guarding of door mechanism must not hinder manual operation of the door. j) Doors must be provided with a"mechanical" safety edge on the bottom edge of the door so that in the event of the door coming down on a bag or other obstruction the door will automatically raise and stay in the raised position until reset at the control station or MCP. Photo electric safety edges are not acceptable. Safety edge to be manufactured by Miller and are the small profile (5/8" thick x 1"wide) type. k) Doors must be installed in accordance with manufacturer's specifications and must be fully tested and set during the testing of the baggage system. 1) Fire doors must be "drop tested" and witnessed by the BHS manufacturers representative and a representative of the owner. m) BHS control manufacturer must provide dry contacts in the MCP panel to enable the doors & conveyor to be shut down by the fire alarm system in case of alarm. B) Approved Door Manufacturers a) Raynor Garage Doors b) Cornell Iron Works c) Overhead Door Co. d) Wayne Dalton Section 14540 - Baggage Handling Systems Specifications Page 31 of 41 2340 PART 4 ELECTRICAL SPECIFICATIONS 4.01 GENERAL A) Related Standards and Codes All components and materials will conform to applicable NEMA (National Electrical Manufacturer's Association) and JIC (Joint Industrial Council) standards. The requirements of the NEC (National Electrical Code), NFPA-70 and the American National Standards Institute Safety Code B20.1 will be met as well as those of any other governmental or local authorities having jurisdiction. All components will be designed for continuous duty service. B) Power Supply All equipment supplied will be of the appropriate voltage to match the site power supply. The owner will furnish 480 Volt, 3 phase, 60 HZ power to the baggage contractors motor control panel (MCP) as shown on drawings C) Radio Interference a) The equipment provided will not cause interference with communications within the airport; or between the airport and aircraft, or ground vehicles. b) All electrical and electronic equipment, including interconnecting wires and cables, will be designed to operate without malfunction in the presence of normal electromagnetic emission generated by other equipment, including the aircraft communication bands and high-power radar systems. Also, the environment may include various electrical motors and controls,power tools (including welders), automotive vehicles, etc. D) Standardization of Equipment Where there is more than one item of equipment required under this contract, the contractor will furnish equipment of the same type and from the same manufacturer as much as possible. All components will be Allen Bradley, Cutler Hammer, or equivalent. Section 14540 - Baggage Handling Systems Specifications Page 32 of 41 2341 E) Color Coding and Wire Marking All electric wire and cable will be color coded and will have the wire numbers as shown on the electrical drawing affixed to both ends of each wire. Coding will be as follows: a) Power Wiring - Line side: This code applies to all power wiring form source to line side of fuses in control cabinets. The neutral, if applicable, will terminate at the terminal board. Phase 120 /208 277 /480 A Black Yellow B Red Brown C Blue Orange Neutral White Grey Mechanical Ground Green I Green b) Power Wiring - Load side: This code for power and control wiring from the load side off uses in control cabinets to all other devices will be as follows: Power Black A/C Control Red D/C Control Blue Neutral White Mechanical Ground Green Section 14540 - Baggage Handling Systems Specifications Page 33 of 41 2342 F) Controls Controls will operate on a maximum of 120 volts. Control components will not be subjected to operation under loads exceeding the manufacturer's recommended rating. 4.02 EQUIPMENT A) Enclosures All electrical enclosures will be NEMA type 12, except those which may be exposed to the elements, which will be NEMA type 3 or 4 weatherproof. B) Motor Starters All motor starters will be 3 pole, single throw, magnetic across the line contractors. Each will have holding contacts and auxiliary contacts as required. Starters will incorporate thermal 3 phase protection with manual reset. Reversing starters will incorporate both mechanical and electrical interlocks. Minimum starter size will be NEMA size"0". C) Push Button Stations Push button stations will be Allen Bradley 800T. All push button stations in the public view will be flush mounted with a stainless steel cover plate. Emergency stop push buttons will be of the maintained contact,push to stop,pull to reset. Button to be illuminated mushroom head type, Allen Bradley 800T. D) Selector Switches Selectors switches will be Allen Bradley 800T (key operated where required). E) Pilot Lights Pilot lights will be Allen Bradley 800T,push to test, transformer type. Lens color as required for the application. Section 14540 - Baggage Handling Systems Specifications Page 34 of 41 2343 F) Photoelectric Controls The sensors will be mounted on structural members attached to the machinery structure so that a minimum of vibration is transmitted to these units. As well, sensor location is selected to reduce potential misalignment due to baggage, personnel or equipment. No more than one penetration per sensor, a maximum of 1- 1/2" in diameter, will be permitted in metal parts (conveyor guards). Sensors for tall bag detection, if required, will be mounted 32" above the conveyor surface. All other sensors will be mounted to detect an object 1 1/z" above the conveyor surface. Photo controls will be LED type,photo switch 42MRU series 5000. G) Relays All relays will be rated for the application and will be Allen Bradley 700, type N or P. H) Timers All time delay relays will be Allen Bradley 700, type PT. I) Limit switches All limit switches will be of AB 802T non-plug type or Square D. 4.03 PANELS AND CONTROL STATIONS A) Control Panel a) The main control panel will be designed to provide the following described functions at a minimum: Hour meter Over height Indicator System Start Emergency Stop Hold in (Bypass) Circuit Jam Detection Indicator Start up/ Trouble Alarm b) A graphic representation must be present on the door of the MCP and clearly indicate the following: system running jam locations, emergency stop, and overheight indicators. Section 14540 - Baggage Handling Systems Specifications Page 35 of 41 2344 c) System status panel: A system status panel will be furnished and installed in the control panel door when required by system complexity. A graphic representation of the system will be portrayed on the face of the panel. Indicator lights will be appropriately located on the map to identify sensing devices and emergency stop devices. Emergency stop indicator lights will be red;jam indicator light will be amber; and green run light will be provided for each individual subsystem. d) An audible alarm will be mounted on the panel along with a silence button. This audible alarm will operate whenever a jam or emergency stop condition exists. e) If a makeup sortation loop is used, a start button will be provided adjacent to the claim device. This button will start the claim unit and not start the related feed conveyors (unless other wise specified). f) An optional graphical interface can be installed at additional customer expense. This provides enhanced operational status and greater user flexibility, such as bag counting, motor current monitoring etc. B) Control Stations Control stations as indicated on the drawings will contain the following: a) Ticket counters: System start button (to start respective system only - each station) Emergency stop button (to stop respective system only - each station) Key operated "ON- OFF" selector switch (one station only). b) Make-up area: Emergency stop button and claim device start button (if so equipped). c) Jam control: Jam reset button (to reset the jam control circuitry and restart the conveyors that have been shut down). Section 14540 - Baggage Handling Systems Specifications Page 36 of 41 2345 4.04 CONTROL FUNCTIONS A) System Start a) Activate a start-up warning beacon and horn (separate from emergency stop/jam/motor failure alarm) in final baggage delivery area. b) Open all associated security doors (doors must be in the full open position before the system will be allowed to start). c) After a predetermined time delay, the warning beacon and horn will shut off, and the respective system will start sequentially, beginning with the claim/discharge the conveyor. d) If a flat or inclined plate claim or sortation loop is used, an Allen Bradley Power Flex 40 Variable Frequency Drive (or approved equal). This will soft start the drive unit for three seconds. Interlocks will be provided to prevent the respective conveyor system from starting until the loop has started. A start button will be provided for independent operation of the loop in make- up areas. B) Emergency Stop a) The system may be stopped at anytime during normal operation by depressing any one of the emergency stop push-buttons. b) Depressing the emergency stop push-button will cause the button to be illuminated, as well as illuminating all associated emergency stop buttons and the appropriate emergency stop indicator lamp on the system map located at the panel door of the MCP and sound an alarm to the control panel. c) After clearing an emergency, the entire system may be restarted by resetting the emergency stop push-button and depressing the system start button. Initiation of the emergency stop will not close associated security doors. d) Emergency stops must be designed and wired so that in the event of a PLC failure (and system is operating in bypass mode) all emergency stops remain operative. Section 14540 - Baggage Handling Systems Specifications Page 37 of 41 2346 C) Bypass /Reset of Circuit Timers a) A hold-in or reset circuit will be provided to ensure that all timers will not time out whenever the system is stopped by a jam, motor overload trip or emergency stop. This prevents baggage from becoming stranded between the load belt and the baggage delivery area or generating false jams. b) A"bypass" switch must be provide on the MCP so that, in the event of a PLC failure, the system can be started manually. Emergency stops must remain operative at all times D) Jam Detection a) Jam detection sensors will be located near the discharge end of all straight conveyors that feed a power turn. Jams will be detected by means of photo sensor for the timed period, that conveyor and all upstream conveyors will stop running. An indicator lamp will illuminate at the appropriate location on the system map located on the panel door as well as an alarm buzzer will sound. The indicator lamp and buzzer will continue to be on until the jam has been cleared. b) Upon clearing the jam, the jam detection circuit must be reset to extinguish the indicator lamp and permit those conveyors that have been shut down to resume operation. This will be accomplished by pressing a jam reset button which is to be located adjacent to the jam photocell (but off of the conveyor). c) Jam detection circuitry will only function when the respective conveyor is running; i.e., if a conveyor stops running and, as a result, a bag blocks the jam detector photocell, a false jam indication will not be generated. d) These photo sensors will be mounted so that they are able to detect the passage of low profile baggage. Cut-outs for photo sensors should be as small as possible to reduce potential bag jams. Section 14540 - Baggage Handling Systems Specifications Page 38 of 41 2347 E) System Stop (Automatic) a) Automatic stopping of the system will be accomplished through a photoelectric sensor located at the discharge end of the load belt. Each time the system is started and an interruption of the photoelectric sensor beam occurs, a timing device is reset. After a time interval (1-15 minutes -user adjustable), suitable to ensure that the last bag of the load reaches its destination after detection by the photoelectric sensor, the timing device will time out and the conveyors not necessary to transport baggage from the inputs to the sortation/claim equipment will stop. b) Auto stopping of the sortation or claim devices is to be accomplished through a timer(1-15 minutes, adjustable)which is activated after the preceding transport conveyors have stopped. c) The timing devices will be disabled if any portion of the system that is required to transport baggage to the sortation or claim equipment is not running due to a jam, motor overload, or emergency stop. F) Overheight Bag Detection a) Photoelectric overheight bag sensors will be positioned at the discharge end of each of the load conveyors stations. Interruption of the photoelectric beam will stop the associated load conveyor(s) and a marked indicator light will illuminate in the related push button control stations (s). Each sensor will be installed to detect the passage of the items higher than 2" below the lowest height obstruction in the system. b) Once the overheight item has been removed, depressing the respective system start push-button will restart the stopped conveyors and turn the indicator lamp off. The indicator lamp will be installed in all push-button control stations located at load stations. The system start push-button that restarts the stopped conveyors will be installed in the push-button control station located nearest to the overheight bag sensor. 4.05 FIELD WIRING A) Controls Controls will be located where shown on the drawings and herein specified. Section 14540 - Baggage Handling Systems Specifications Page 39 of 41 2348 B) Disconnects The contractor will furnish and install a non-fusible, manual disconnect switch, with provision for padlocking, in the circuit of each motor in the conveyor subsystems in compliance with ANSI B20.1,paragraph 5.15.2.2. The disconnect switch must be within "sight line" of the motor and conveniently located for maintenance purposes. C) Circuit Wiring All connections will be made with wire of current carry capacity consistent with the load and duty cycle. Wire will run continuously form one piece of apparatus to another without splices in conduit. Power wiring may be spliced in junction boxes as required. Control connections will be made on terminals with compression - type splices to conduit. Power wiring may be spliced in junction boxes as required. Control connections will be made on terminals with compression -type splices which will be enclosed injunction boxes D) Conduit a) Unless otherwise specified, all electric wiring will be enclosed in EMT conduit. Except in public areas, conduit will be installed exposed on walls ceilings, beams, columns, and on the conveyor structure. Locations of exposed conduit will be selected in order to minimize or prevent damage to conduit from vehicles or equipment. In public areas, conduit runs will be inconspicuous by running under cover plates, behind conveyors, or otherwise concealed from public view. b) Flexible conduit may be used for final connections to motors and all other devices requiring adjustments. All fittings for flexible conduit will be of the liquid -tight type. Installation will be in accordance with Article 351 or NEC-78. c) Outlet,junction and pull boxes, and cover plates will be suitable for use with EMT conduit and will conform to the National Electric Code for minimum wiring space requirements and material thickness. All boxes will have screw-fastened covers. Section 14540 - Baggage Handling Systems Specifications Page 40 of 41 2349 E) Wireways Wireways may be used where protection is adequate in accordance with Article 362 of NEC-78. Any wireways used will have hinged type covers. F) Wire and Cable Conductors All power conductors will be a minimum of 4 2, AWG, 600 volt, type THWN/ THHN or THHN insulted stranded copper wire. All external control wire will be a minimum of 4 14, AWG, type THWN/THHN or THHN stranded copper conductor, rated at 600 volts. All wires inside the control panel will be sized for current carrying capacity. Control wires to be a minimum of 4 16, AWG, MTW, rated at 600 volts. G) Marking of Equipment a) In addition to all prime manufacturers' nameplates, all electrical and mechanical control items mounted in or on a panel or push-button station will be further identified in the system by permanently attached corrosion resisting, etched, engraved, or stamped identification plates. b) All fuses, starters, timers, relays, etc. in the MCP must be clearly marked - fuses must be marked with their detailed designation and amperage (ie- CCMR 71/2). Failure in marking in the MCP will be considered a punch list item for correction. H) Permits and Licences a) All electrical permits, licenses, etc., will be obtained and paid for by the contractor. b) All required permits, licences, etc., must be in place before the commencement of work END OF SECTION Section 14540 - Baggage Handling Systems Specifications Page 41 of 41 2350 2351 Key West International Airport April 2024 Monroe County EYW Outbound Baggage Handling System INTENTIONALLY LEFT BLANK CONTRACT I1-2 2352 Key West International Airport April 2024 Monroe County EYW Outbound Baggage Handling System DIVISION II CONTRACT SECTIOND - CONTRACT .......................................................................................II-5 CONTRACT I1-3 2353 Key West International Airport April 2024 Monroe County EYW Outbound Baggage Handling System INTENTIONALLY LEFT BLANK CONTRACT I I-4 2354 Key West International Airport April 2024 Monroe County BYW Outbound Baggage Handling System S E C T | 0 N D CONTRACT EYW Outbound Baggage System Key West International Airport THIS AGREEMENT mode and entered into the 15th day of May, 2024 by and between Gf&8 W1aohonioa| USA Inc. Contractor, and the Monroe County Board of Commissioners, Key West, Florida, Owner. VV|TNE8GETH: That the (]ontrantor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows: 1 . That the Cortnaoior, shall furnish all the nnotario|o, and perform all of the work in the manner and form as provided by the following enumerated documents; Form of Proposal, General Proviaiona, Special Proviaionn, Technical Specifications, Form of Contract, Form of Bond. Drawings and Addenda, which are attached hereto and mode a port hereof, as if fully contained horein, for the construction of: Outbound Baggage Handling System Key West International Airpo Monroe County, Florida 2. That the Contractor oho|| oonlnlenoe 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 three hundred sixty-five /385\ calendar days from the Notice-to-Proceed (Construction) as per Special Provision No. 2. 3. The Owner hereby egnaea to pay to the Contractor for the faithful performance of the ograennent, subject to additions and deductions as provided in the contract documents the contract lump sum of $ Two million, two hundred twenty-nine thousand, three hundred twenty Dollars ($2.229.32O). 4. On or before the 15th day of each calendar month, the Owner shall make partial payment to the Contractor on the basis of e duly certified and approved estimate of work performed during the preceding calendar month by the Contractor. County shall pay in 0000ndonoe with the Florida Local Government Prompt Payment Act. Each Application for Payment aho|| be based upon the Schedule of Values for the project. The Schedule of Values oho|| o||000to 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 oohodu|e, unless objected to by the Director of Airporta, shall be used as o basis for reviewing the Contractor's Applications for Payment. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. Subject to the provisions of the Contract Oocunnents, the amount of each progress payment shall be computed as follows: Take that portion of CONTRACT 11-5 � 2355 Key West International AJq?od &or| 2024 � Monroe County EYW Outbound Baggage Handling System the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion ofeach portion of the Work by the share of the total Contract Sum allocated to that portion of the Work, less retoinoQaof ten percent 1D96. Payment will ba made after delivery and inspection by County and upon submission of invoices with supporting documentation acceptable to the Clerk, ona monthly schedule in arrears. Acceptability tothe 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 poyro||a, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in fu||, final payment on account of this agreement shall be nnoda within twenty (20) days after the completion by the Contractor ofall work covered by this agreement and the acceptance of such work by the Owner. 6. |tia mutually agreed between the parties hereto that time iaofthe essence in this contract and in the event the construction of the work is not completed within the time herein apeoified, itioagreed that from the compensation otherwise to be paid to the Contractor, the Owner may retain the amounts described in the Liquidated Darnogeo, 8pooio| Provision No. 3, per day for each day theneaftar. Sundays and holidays inc|uded, that the work nonloino uncornp|stad, which ounn ahu|| represent the actual damages which the Owner will have sustained per day by failure of the Contractor to complete the work within the time adpu/e[od and this eunl 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 unootiefootory, 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 {}vvnar. In such evant, no further payment to the Contractor shall be deemed to be duo 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 booka, records and doournanLo directly pertinent to performance under this Agreement in ooconjonoe with generally accepted accounting principles consistently applied. Records ohm|| be retained for a period of seven years from the termination of this aQreannanL or for o period of three years from the submission of the final expenditure report as per 2CFR §200.334. whichever iagreater. Each party iothis Agreement or their authorized representatives shall have reasonable and Urna|y 00000a to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four 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, the Contractor shall repay the monies together with interest om|ou|eted pursuant to Sec. 55.03. Florida Statutes, running from the date the monies were paid io Contractor. g. PUBLIC ACCESS. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 11S. Florida Statutes and Section 24of article | 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 CONTRACT 11-6 2356 Key West International Airport April 2024 Monroe County EYW Outbound Baggage Handling SyuKnn the County and Contractor in conjunction with this contract and related tocontract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the {�ontrotor. Failure of the Contractor to abide bv the terms of this provision shall be deemed amaterial breach of this contract and the County may enforce the tarnlo of this provision in the form of m 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 ghe\| 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 oan/ioa. (2) Upon receipt from the County'e custodian of records, provide the County with o copy of the requested records or allow the records to be inspected or copied within a reasonable time at m coat that does not exceed the cost provided in this chapter orae otherwise provided by law. (3) Ensure that public raoonjo that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by |ovv for the duration of the contract term and following completion of the contract if the contractor does not transfer the nsoonde to the County. /4) Upon oonnp|etionof the contract,transfer, otno cost,to the<�ountvall public records inpossession �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 orconfidential and exempt from public records disclosure requirements. |f the Contractor keeps and maintains public records upon completion of the contract, the Contractor aho|| meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Counb/, upon request from the C ' custodian of records, in o format that is compatible with the information technology oyatanna of the County. (5) A request to inspect or copy public records relating toa County contract must be made directly to the County, but if the County does not possess the requested naoonjo. the County oho|| immediately notify the Contractor of the request, and the Contractor must provide the records to the County orallow the records to be inspected or copied within o reasonable time. IF THE CONTRACTOR HAS {2UEGT|{JN8 REGARDING THE APPLICATION OF CHAPTER 119. FLORIDA GTATUTEG, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BR|AN BRAOLEY. AT /305\ 292-3470. . N1(]NROE COUNTY ATTORNEY'8 OFFICE, 111112m STREET, SUITE 4OO. KEY WEST, FL33O4O. 10. HOLD HARMLESS AND INSURANCE. Notwithstanding any minimum insurance requirements prescribed a|aexvhare in this agreennant. Contractor shall defend, indemnify and hold the County and the County'eo|ected and appointed officers and annp|oyeao harmless from and against (i) any o|ainns, actions or ooueee of action, (ii) any |itigation, administrative prooeedinQa, appellate prouaadin0e, or other proceedings CONTRACT 11-7 2357 Key West International Airport /\or \ 2024 Monroe County BYVV Outbound Baggage Handling System relating to any type of injury (including death), |oos, darnage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without |inlitotion, costs of remediotion 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 evio|a[ion of any federal |avv or regu|ation, attorneys' fees and 000ta, court 000ta, fines and penalties) that may be asserted agoinat, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its ennp|oyaea, agentg, contractors or other invitees during the term of the Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors oromissions, or other wrongful act or omission of Contractor or any of its emp|oyees, oganto, sub- contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms the Agreement, except to the extent the c|aime, aotiono, oouoeo of action, |itigotion, proueedingo, costs or expenses arise from the intentional or sole negligent oota or omissions of the County or any of its amp/oyaee, mQanLo, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not |eoa than $1 million per occurrence pursuant to Section 725.00. Florida Statutes. Insofar on the o|oima, mctions, causes of action, /itigotion, prooeadinge, costs or expenses relate to events or circumstances that occur during the term of the Agraement, this provision will survive the expiration of the term of the Agreement or any earlier termination of the Agreement. |n the event the completion of the project (ino|udingthavvorhofctharo) isde|ayedorouopondedoao result of the Contractor's failure to purchase or maintain the required insurance, the Contractor eho|| indemnify the County from any and all increased expenses resulting from such delay. The extant of liability is in no vvmy 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 m provision that not |eoo 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 oho|| be primary insurance with respect to the COUNTY, its off/cia|n, ennp|oyeeo, agents and volunteers. Failure of CONTRACTOR to comply with the requirements of this section eho|| be cause for immediate termination of this agreement. 11. Notwithstanding the provisions of Goo. 788.28, Florida 8tatutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance oovenagg, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed o waiver of immunity tothe extent of liability ooveroQa, nor eho|| 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 C[)UNTY'G credit ormake it guarantor ofpayment or surety for any nontroot, debt, ob||QeUon, judgment, lien, orany form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or CONTRACT 11-8 2358 Key West International Airport April 2024 Monroe County B"yVV Outbound Baggage Handling System indebtedness that would impair its ability to fulfill the terms of this contract. 13. NOTICE REQUIREMENT. Any notice required or permitted under this oQnearnent shall be in writing and hand delivered or mai|ed, postage prepaid, to the other party by certified mai|, returned receipt requested, to the following: FOR COUNTY: FOR CONTRACTOR: Executor Director ofAirports G and G Mechanical USA, Inc. 3491 G. Roosevelt Blvd. 34O8 West Harry St. Key West, Florida 33O4O VWchito, KGO7213 And Monroe County Attonnay'aOffice 1111 12mGL. Suite 4O8 Key West, F|. 33O4O 14. This Agreement shall be governed by and construed the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any oouoa of action or administrative proceeding ia 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 C[}NTF7A{}T[)R 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 ohm|| 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 ternn, oovanont, 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 o court of competent juriodiction, the remaining Lernns, oovanonts, 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 |ovv unless the enforcement of the remaining terrng, 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 oonnee as close as possible to the intent of the stricken provision. 17. COUNTY and CONTRACTOR agree that inthe event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agraement, 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, inveetigadva, and out-of-pooket expenses whether it is the prevailing podv or not, through all levels of the court system. COUNTY and 18� ADJUDICATION OF DISPUTES OR DISAGREEMENTS. CONTRACTOR - and disagreements shall beattnn� otadtobe resolved bymeet and confer sessions between representatives of each of COUNTY and CONTRACTOR. If no CONTRACT D-V 2359 � Key West International Airport April 2024 Monroe County EyVV Outbound Baggage Handling System resolution can be agreed upon within 30doyo after the first meet and confer 0000ion. the issue or issues aho|| be discussed at a pub/in meeting of the Board of County Commissioners. If the issue or issues are aii|1 not resolved to the satisfaction of COUNTY and � CC}NTRACTOR, then any party shall have the right to seek such relief orremedy as may be provided � by this Agreement orby Florida |oxv. 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 portioipete, to the extant required by the other perLy, in all prooaedingo, heoringo, proceaoeo, nnaetings, and other activities related to the substance of this Agreement or provision of the services under this AQneannanL COUNTY and CONTRACTOR specifically agree that no party to this Agreement eho// be required to enter into any arbitration proceedings related to this Agreement. 20. BINDING EFFECT. The terms, oovenonio, oondiUono, and provisions of this Agreement eho|| 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 tothe other that the aneoution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, oo required bylaw. 22. All of the privileges and immunities from |iabi|itv, exemptions from |ovve, onj|nanoes, and rules and pensions and ne|iaf, dieobi|itv. workers'compensation, and other bgne�tevvhioh apply tothe activity ofofficers, ogento, or employees of any public agents or employees of the COUNTY, when performing their respectivefunctions 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 offioora, ogento, vo|unteero, 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 partici�7a_ting entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 24. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 25. NO PERSONAL LIABILITY. Mo covenant or agreement contained herein shall bedeemed to be o covenant or agreement of any membor, offioer, agent or employee of Monroe Countv in his or her individual oopooitv, and no mamber, officor, agent or employee of Monroe County shall be CONTRACT D-|0 2360 Key West International Airport April 2024 Monroe County BYW Outbound Baggage Handling System liable personally on this Agreement or be subject tV 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, regarded onan 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. Contractor oQnaoo 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 hasoocurned. thioAgreennentau|omnaUoa||yternninotasxvithouianyfurtheraoLionon the part of any pmdv. af��ctivethe date of the cou�order. (�ontrootoragrees tocornp|yvviLh all Federal and Florida otetut'o, and all local ondinenoea, as app||oob|o, relating to nondiscrimination. These include but are not limited to: 1\ Title V|| of the Civil Rights Ant of 1964 (PL 88-353). which prohibit discrimination in employment onthe basis ofrace, oo|or, ne|igion, aex, and national origin; 2)TiUa IX of the Education Amendment of 1972. as amended (20 U8C §8 1881-1683. and 1885-1888), which prohibits discrimination on the basis of oau; 3\ Section 504 of the Rehabilitation Act of 1973. as amended (2O U8(� 8 794). which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination' Aotof-S75. aoamended (42U8C§§81O1-81O7). which prohibits discrimination onthe basis of age; 5) The Drug Abuse Office andTreatment Act of1972 (PL92-255). aa amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevendon. Treatment and Rehabilitation Act of 1970 (PL 91 816), an ornandad, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7\ The Public Health Service Act of 1912. 8� 523ond 527 (42 UG<� §Q89Odd-3and 290ee-3). as amended, relating t000n�dentio|itvof ~-and abuse patient a:ordo� 8) TideV||| of�hm ��ivi| Righte/\otof1SO8 /42U8{� �@ 3801 alcoholan ruga ue p records; ' ` .^ e[ soq], as arnendad, relating to nondiscrimination in the oo|a, rental or financing of housing; S) The Americans Disabilities Act of 1990 (42 UGC §§ 12101). as amended from time totime, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14,Article ||, which prohibits discrimination on the basis of nama, co\or, sex, na|igion, national oriQin, anceotry, oaxuo| ohentotion, gender identity or expneeaion, 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. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK' � D || CONTRACT - 2361 Key West International Airport Aoril2024 Monroe County EYW Outbound Baggage Handling System 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 oountarpaU, be deemed on original contract. (SEAL) BOARD {}F COUNTY COMMISSIONERS ATTEST: P{EV|NK8A[>{}K. CLERK [>FK8[}NRC}E COUNTY, FLORIDA BY: By: Ao Deputy Clerk Mayor/Chairman G o'^/ 8 S /0 e Ci m`*u � C�'� | US FOPJ /29/24 CONTRACT D-]2 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE G and S Mechanical USA Inc (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement 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: April 30,2024 STATE OF: AB COUNTY OF. Wheatland Subscribed and sworn to (or affirmed) before me, by means of IKI physical presence or ❑ online notarization, on April 30, 2024 (date) by Chad Buffam (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. Commleallonerf r Oaft in and for ft ProAnce of fteft NOTARY PUBLIC/Commissioner of Oaths My Commission Expires Sept 2026 2363 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide,any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR„ supplier, subcontractor„ or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 8 -01 „ for CATEGORY" TWO for a period of 36 months from the date of being placed on the convicted vendor list." have read the above and state that neither G and s Mechanical USA Inc. (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date' Aprl 30,2024 STATE OF. ag COUNTY OF; Wheatland Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or ❑ online notarization, on April 30.2024 (date) by Chad eottarn (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. .. A woner for® TARY PUBLIC rrar uissioner of Oaths In and for She Province of Aterw My Conmimlon E*lres 80PL®??®t` My Commission Expires;: sePt2o21; 2364 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s);,E Ytn►Outbound BHS �............................. ............_......_ ........ .m...............................m. ........................................ Respondent Vendor Name: G and S Mechanical USA Inc Vendor FEIN: 48-1 1 61 251 p Vendor's Authorized Representative Name and Title: Chad Buffam Director Address: 3409 West Harry St City: State: KS Zip: 67213 Wichita ................. �...m_...._.....� • ...� ...........,..,...._.... ____ Phone Number: 8e8-328-8826 Email Address: chad bu� nt� airPartra�veycr;c,om ... _ 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: G and S Mechanical USA Inc who is authorized to sign company. Authorized Signature:ahe ��" l�, ��� Print Name: Chad Buffam Title: Director _ Note: The List are available at the following Department of Managem ent Services Site: _ tt1aY,M�,�m . i1 "S t ,1 wgdvcarnfor'r � ��ctvt cu51191 /rw �s,jw7tria� tr /1 .. ils w�� l�l lists 2365 CERTIFICATE OF INSURANCE ISSUE 24/02/Y/MM/DD) 24/02/28 BROKER This certificate is issued as a matter of information onlyand confers Wilson M. Beck Insurance Services(Victoria) Inc. no rights upon the certificate holder.This certificate does not amend, #350 4396 West Saanich Road Victoria BC V8Z 3E9 extend or alter the coverage afforded bythe policies below. COMPANY Federal Insurance Company A INSURED's FULL NAME AND MAILING ADDRESS COMPANY G&S Mechanical USA, Inc. B 3409 West Harry Street, COMPANY Wichita, KS 67213 C COMPANY D COMPANY E COVERAGES This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated,notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain.The insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies.Limits shown may have been reduced by paid claims. TYPE OF INSURANCE CO POLICYNUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS OF LIABILITY LTR DATE(YY/MM/DD) DATE(YY/MM/DD) (Canadian dollars unless indicated otherwise) COMMERCIAL GENERAL LIABILITY A Policy No.99508397 24/02/28 25/02/28 Per Occurrence 2,000,000 USD Primary Non-Contributory Clause AM Best:A++ Aggregate Limit 2,000,000 USD Occurrence Basis AM Best:002085 NAIC: 20281 Products—Comp/Op Agg 2,000,000 USD Personal Injury Agg 2,000,000 USD Advertising Injury Agg 2,000,000 USD Tenant's Legal Liability 1,000,000 USD Medical Expenses Limit 10,000 USD FBI Y , w 2.29.24 -- DESCRIPTION OF OPERATIONS/LOCATIONS/AUTOMOBILES/SPECIAL ITEMS/ADDITIONAL INSURED Reference:All Operations of the Named Insured as Described in the Policy Declarations. It is hereby understood and agreed that the Certificate Holder is added as Additional Insured to the Commercial General Liability Coverage Policy but only with respect to liability arising out of the Named Insured's sole negligence. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL Monroe Count BOCC SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY Y KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 1100 Simonton St., Key West FL 33040 AUTHORIZED REPRESENTATIVE 2366 Client#: 1266945 GSMEC DATE(MM/DD/YYYY) ACORDT. CERTIFICATE OF LIABILITY INSURANCE 10/02/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jenn Decker NAME: USI Insurance Services LLC PHONE FAX A/C,No,Ext: - (A/C,No): 2375 E. Camelback Rd,Suite 250 E-MAIL enn. ecer ADDRESS: dk@usi.com Phoenix,AZ 85016 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Travelers Property Cas.Co.of America 25674 INSURED INSURER B: Travelers Indemnity Co of America 25666 G&S Mechanical USA Inc. INSURER C: 3409 W Harry St INSURER D Wichita, KS 67213 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 42135251 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR RAP 16K T DAMAGE RENTED PREMISESS(Ea occurrence) $ MED EXP(Any one person) $ D+y 1 0'.2'23.--,-'w'_'""'"_`""" PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: A X —_ GENERAL AGGREGATE $ PRO- PRODUCTS-COMP/OP AGG $ POLICY PRO-JECT LOC OTHER: $ B AUTOMOBILE LIABILITY X X BA6N396236 10/01/2023 10/01/202 (CEO Ma BINED identS INGLE LIMIT $1 e 000e 000 cc X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident) ccident $ A UMBRELLA LAB X OCCUR EX8N968484 10/01/2023 10/01/202 EACH OCCURRENCE s5,000,000 X EXCESS LAB CLAIMS-MADE AGGREGATE s5,000,000 DED RETENTION$ $ A WORKERS COMPENSATION X UB6J622054 10/01/2023 10/01/2024 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? � N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Installation 630507OM206 10/01/2023 10/01/2024 $350,000 Limit Floater $1,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Installation Floater Coverages: At any installation premises or temporary storage premises: $350,000 At any other not owned, leased, or regularly operated premises: $25,000 Personal property in transit: $350,000 Deductible: $1,000 (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton St ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE �• ©1988-2015 ACORD CORPORATION.All rights reserved_ ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD 2367 #S42135251/M42057460 SACT DESCRIPTIONS (Continued from Page 1) SAGITTA 25.3(2016/03) 2 of 2 2368 #S42135251/M42057460 POLICY NUMBER: BA6N396236 COMMERCIAL AU CO ❑❑I❑EN❑OR❑EMEN❑ C❑AN❑E❑ ❑❑E POLICY❑PLEA❑E REA❑ I❑CARE❑ULLY❑ BU❑INE❑❑ AU❑O E❑ ❑EN❑ION EN❑OR❑EMEN❑ -1 e Edor Eeme EF_-lmodi fie❑i-iu F1 re Cro Ei ded a Eder Ee 9110 -i❑❑ BU❑INE-AU-O CO❑ERAfE ❑ORM ❑ENERAL ❑E]CRIP❑ION O_ CO❑ERA❑E - -s eCdorCeme=broCde=coCerF1c❑❑o❑eCerCcoCerFe -or =y i_ury-dfrnFe or medic❑ e❑-ewe❑deCeribed i Ty o-_e :To3:io❑❑o =i- e❑dorCeme❑ m y be eCeluded or limi-ed by Fo Ecr e Edor Eeme=9 _e C o Eer Fc P Er==d -e Ce co Eer F] f- bro Ede Ei=Ero Ei Ero=do -o- --Ay _e e E:le= co Eer❑ e i e Ecluded or limi-ed by Euc❑- e Edor Eeme=-_e _ollo-i- li s— i ❑Ee Eer❑co Eer- ❑ e de Seri Eio❑o 1y Limi=ib==d e Eclu Cio=m y ❑Ily 9 Ee Ee co Eer❑=e EERe Ed :11 _e :To 3:io❑❑o_=i e dor Eeme==d _e re❑-o-your -olicy c:te Willy 9 de Eermi Ee ri E=EEdu fie Q❑Ld _--i-::Ed i-_o-co Eered A BROA_ DORM NAME-IN URE- __ ❑IRE- AU❑O P_Y_JCAL -AMA_E LO❑❑0E B BLAN_E- AI-IONALINURE UE INCREAE LIMI I P Y_JCAL -AMA-E ❑RAN-'OR❑A❑ION C❑ EMPLOYEE -IRE- AU-0 E❑PENE❑❑INCREA E - 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"emAoyee P efer i-e11lier❑ ❑-me❑-i your ❑emni Elio=❑sle ❑er:brmi-= dudbErelEed 9 _e coEduc❑o your bud::] B BLAN_E- AI-IONALINURE- Ee= -_e -ollo-i— i Edded 9 PEr❑-r=c❑i A❑I❑ 2_ -_e -olio-i- reE1Ece❑PErEEi7=b❑i_ B❑❑L Eo I❑A IEuredCb_EC❑ION II CO-ERE- OFer I❑-urF_Fce❑o_ EC❑ION I _ BU-1- AU❑O- LIABILI YCO❑ERA❑E: NE=AU❑OCON I-ION A y EerCofor or-EII—of -_o i-reEuired u❑der b❑ or -fired Aug P❑yfic❑ ❑Em❑ c Cofer- ❑ri❑e❑co�rEc for EEreeme=be=ee❑you EEd F-1-c-❑-e -olio_i- Ere deemed 9 be co E&Eo❑ or or_FT_i=::ib= i EiF-ed ❑=dd ered "EuEci1:7you o e Eecu Eed by you be fore _e "bodily i-ury" or — A y co(ered "_u W you le❑-e f ire "EroEerfy dEmF1c" occur❑ A i- i e=&c❑ re--or borro❑❑❑ d duri= _e -olicy :briod❑9 be ELmed =- ::Idi❑ 2- A y co(ered "_u W 3red or re❑:dd by io❑1 i❑ired i — "i=hired" -or Cored Auk::] your "emdoyee" uEder ❑ co�rEc❑i❑ Li:bili y Cofer❑ emu-oly 9r d❑rnFl-c-C9 3c❑ _ "emdoyee❑7 EEme❑ -i your CA 3 3 -2 ❑❑ -2S _e _rSeler^Islem::i�y Com-'Sy_lllri-Sre_er_ed❑ PFe -o_E I-elude-co yri -edmSeri7o-I_ irSce -er::ice-0=ice:ls_-i-i--ermiSio 2369 COMMERCIAL AU EO You EE ree b m 1 E❑i❑ :11 re Cuired or 2 I or o your co Wired comCulCory i❑iu❑ re i_ y Cuc❑ cou= =1- coCerFc die❑o1y i_ _e eCc=o_❑Ccim ry u b _e mi3mum limi re:bired by -e-o-your co Wired loci 1 Your ❑ilure b com Ay i A IRB com Eul Cory i❑-ur-be re Euireme C- ill co deduc table C y b - Per Co m Pro Eery -o- i=:Iid=d _e coCerF] e Ts❑ rded by A c❑ �- -olicy-bu ❑e -ill o1y be li-ble b � IRB ❑❑ EEme eEe=Ee -ould EEEc bee❑ liEble -_e 911o_i- i- Cdded 9 PCrEr=B3FFF❑clu❑ =d you comAied _i- _e com:bEbry i= Co=o_ EC❑ION III P_Y_ICAL -AMA-E Cur❑-ce re3iiremeFTT_F CO❑ERA❑E: A- I-i-u Eder Q-ood ❑e Cre _o - ::dmi❑ ECcluCio❑3=doe❑_o_ -1y 9 "low' 9 o_e or -ed or Cu-oTiCed i❑urer ouTrde -e more Crrb=i- ❑coCered"_tb" you o-'- 'i- UCiCed ❑fie❑ o Americ=i- Cerri brie❑ I-e due b CcCuCe o-er ❑cCuCe o_"lo - _d Eo❑e-io CCI=Puer b Rico =d C= _e -or i P Cr EEr=%T A❑7b❑ =d A❑Lc=bu Ed CC-e E-tme _o re=6❑ibili S -or Te o Ay: :iir3❑3= o cerTliicElb❑o i❑urF1 ce❑or I "_u9" i ❑co❑cred"1r9" -or Commie❑ -or com Eli❑ re i- y --y -i _e 1-❑ EeEdEe Cofer❑ c u❑der =i :blicy o-o❑brcou❑rie❑rely❑❑9 i❑hr❑=ce❑ b❑ -_e Grb=Cre -o-coCcred u❑der y -Cr- -_ -AI ER 0- E UC IBLE ❑LA❑❑ rEEFy E::Ed -_e bllo-i- i Cdded b PCrE[:-r= -❑ ❑educTE cC -_e Crrb=Eere _o_i❑d:dbZlly i❑I❑bd❑ ble❑o_ EC❑ION III P-Y_ICAL -AMA-E -e -ill -y u b CmEr mum o- ❑FFF❑ -or E1:y CO❑ERA❑E: o_e "lo-1❑ No deducible -or ❑ coEered "_ub" -ill __Ay b L NO-ICE AN- _-NO- LE_-E 0- ACCI-EN-OR ❑=dCm❑-e i-_e ❑=i-re2rred rCzer FFTT- LO❑❑ reQCced❑ -_e bllo i- i Cdded b PCrE[:r= A2=o❑ -_ -IRE_ AU-0 P-Y <CAL -AMA_E LO❑❑0E EC❑ION I_ BU�:TNE❑❑AU❑O CON-I_ION_: UE 'INCREAF- LIMI Your du 9 1_e u-or our DuEoriCedreCreCe FTFF -_e bllo-i-- reQEce❑-e 1— CeECeEee o-PCr= i-e :Tom❑❑::b ce o_ _e ":bcide= or "low' Cr=AFFThFFI,o= O UCe E❑ cFemo_ ❑EC❑ lie o1y ❑:b❑ _e ":bcide= or "low' i_ Zb-❑ -ION III P Y <CAL AMA E CO❑ERA❑E: b: Eo❑e:br❑-e moQ=❑e -.ill -y -or y e❑-cue❑ You -you Ere i::di3du:]= -or to o-uEb i -6 -er d-y b ❑mEEimumo❑ I- A E:Er-cr -you Ere ❑E:[:-r❑-er❑ = CTT-Fs>r y o cide❑ ❑ -c A member -you Ere Climi-ed li-biliy com I- P-Y <CAL -AMA-E ❑RAN-'OR❑A❑ION ==y- E❑PEN ❑-INCREA-E LIMI A- A e:bcurC:b oTicer❑direcbr or i❑&Fl-ce -_e bllo-i-- reElEce❑_e it CeTcEee i PCrC mC-Ler you Cie ❑corCorEdbEor oTcror- Ef A ❑rforRio❑ E❑-e—em o❑ =-=10-Dor EC❑ION III P_Y_ICAL AMA-E CO-ER- -e- A y "emAoyee" Ar❑bri:bd by you 9 1� 3�❑ A E: ice o _e ":bcide=or "lo-' e -ill -y u b — -er d-y b ❑mEEimum o❑ M BLAN_E_ -AI-ER O_ �:JBRO❑A❑ION -❑TTl -or bm::br3y r=❑brsio❑ e❑Eb❑� i= =-_e 911o_i- reQEce❑PCrEEr= A❑71L r r curred by you bee EuEb o__e bA _e- o-❑co CC O Ri 0 Reco❑cry AEi=O-er❑ ❑o U= ered "_t b" o__e Eri�e Cie❑-er Cy Ee❑ o_ -EC❑I ON I_ B U_INE_- AU-0 CON I- PER❑ONAL PROPER❑Y ❑ION❑ -_e bllo-i- i Edded b PITCI-r= A=Co Der- - Cr r O Ri O Reco❑cry AEi= EFe❑CioC=o EC❑ION III P❑Y_ICAL on ❑o U❑ -AMA-ECO-ERA-E: e E1:b y ri=o-recoCery ❑em_y CE❑e Per Cbm ProCbrCy FFF,=y EerCo❑or or_=iSio❑ b _e eCC re Cuired o you by ❑ Cri-e C co❑rEe e -ill -y u b C� br "lo- b ❑e Cri CZ Er❑-ed -d e Eecu Eed -rior b y ":bcide= ECreI -d oTer EerCom EroEerCy -.sc- i:] or "lo-_ :To3ded s _e ":bcide= or "lo -„ Z OE:bd by - "i❑[itred"❑E d CriCe❑ ou- o o:br=ib= co=[dmA=dd by CA 3 3 -2 ❑- -2Z_ __e -rSeler^Islem::i�y Com_=y_lllri-Sre_er_ed❑ PFc 3 oE I-elude-co yri -edmSeri7o-I_ ir=ce -er::ice-0=ice:ls_-i-i--ermi=io 2370 TRAVELERS J�� WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 00 03 13 (00) - 001 POLICY NUMBER: UB-6J622054-22-14-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. INCLUDING: ONTARIO INTERNATIONAL AIRPORT AUTHORITY (OIAA) 1923 E AVION STREET. ONTARIO, CA 91761 Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. DATE OF ISSUE: 08-16-22 STASSIGN: PAGE 1 OF, 2371 _TRAVELERS WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 99 03 76 ( A) - 001 POLICY NUMBER: UB-6J622054-22-14-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 2.00 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR SWITCHGEAR AND SWITCHBOARD APPARATUS WHICH THE INSURED HAS AGREED MANUFACTURING BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. INCLUDING: ONTARIO INTERNATIONAL AIRPORT AUTHORITY (OIAA) 1923 E AVION STREET. ONTARIO, CA 91761 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: 08-16-22 STASSIGN: Page 1 of 1 2372 WORKERS COMPENSATION TRAVELERS Jam' AND EMPLOYERS LIABILITY POLICY ONE TOWER SQUARE HARTFORD CT 06183 ENDORSEMENT WC 99 03 J9 (00) - 001 POLICY NUMBER: UB-6J622054-22-14-G KANSAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Kansas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us, and 1. Such written contract is not a construction contract subject to the Kansas Fairness in Private Construction Contract Act (Kan. Stat. Sections 16-1801 through 16-1807) or the Kansas Fairness in Public Construction Con- tract Act (Kan. Stat. Sections 16-1901 through 16-1908), or any amendments to those laws; or 2. This policy is part of a consolidated or wrap-up insurance program. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. INCLUDING ONTARIO INTERNATIONAL AIRPORT AUTHORITY (OIAA) 1923 E AVION STREET. ONTARIO, CA 91761 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to issuance of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by DATE OF ISSUE 08-16-22 STASSIGN Page of 1 ©Copyright 2014 National Council on Compensation Insurance, Inc.All Rights Reserved. 2373 TRAVELERS JW WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 42 03 04( B) — 001 POLICY NUMBER: UB-6J622054-22-14-G TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. 1• ❑ Specific Waiver ❑X Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. INCLUDING: ONTARIO INTERNATIONAL AIRPORT AUTHORITY (OIAA) 1923 E AVION STREET. ONTARIO, CA 91761 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described.. 4, Advance Premium: $SEE SCHEDULE This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: 08-16-22 STASSIGN: Page 1 of 1 ©Copyright 2014 National Council on Compensation Insurance, Inc.All Rights Reserved. 2374 TRAVELERS JW WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 43 03 05 (00) - 001 POLICY NUMBER: UB-6J622054-22-14-G UTAH WAIVER OF SUBROGATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Utah is shown in Item 3.A.of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Our waiver of rights does not release your employees' rights against third parties and does not release our authority as trustee of claims against third parties. Schedule Designated Person: Designated Organization: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. INCLUDING: ONTARIO INTERNATIONAL AIRPORT AUTHORITY (OIAA) 1923 E AVION STREET. ONTARIO, CA 91761 DATE OF ISSUE: 08-16-22 STASSIGN: PAGE 1 OF1 2375