1st Addendum 04/14/1993
ADDENDUM NO. 1
August 7, 1992
AEP PROJECT NO. 591-0861-000
MONROE COUNTY
MARATHON AIRPORT
MARATHON, FLORIDA
PASSENGER TERMINAL BUILDING
EMERGENCY GENERATOR/CHILLER BUILDING
FEDERAL AVIATION ADMINISTRATION
AlP PROJECT NO. 3-12-0044-09
FLORIDA DEPARTMENT OF TRANSPORTATION
WPI PROJECT NOS.
6826631, 6826747
REYNOLDS, SMITH AND HILLS, INC.
The following changes shall be made to the Specifications, Drawings and other
Contract Documents which bear the above title and project number are dated
July 11, 1992.
CHANGES TO BIDDING REQUIREMENTS. CONTRACT DOCUMENTS AND FORMS.
CONDITIONS OF THE CONTRACT
ITEM NO.1: SECTION 00200 - BID SHEET
A. Remove Section 00200 in its entirety and replace with the attached
Section 00200 - BID SHEET, ADDENDUM NO.1.
ITEM NO.2: SECTION 00300 - BID SCHEDULE
A. Remove Section 00300 in its entirety and replace with the attached
Section 00300 - BID SCHEDULE, ADDENDUM NO.1.
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AEP No. 591-0861-000
ADDENDUM NO. 1
ITEM NO.3: SECTION 00350 - INSTRUCTIONS TO BIDDERS
A. Paragraph III BIDS, subparagraph C:
1. Change" The envelope shall contain a reproduced copy of the
following items. . .- to -The envelope shall contain two (2)
reproduced copies filled out as originals and two (2)
reproductions thereof of the following items. . .11
2. In the Item List change "00400-12 BID BOND" to -00400-12 BID BOND
AND AFFIDAVIT.-
ITEM NO.4: SECTION 00400 - SUPPLEMENTAL BID FORMS
A. SUPPLEMENTAL BID FORM SHEET 00400-2A and 2B: Remove Sheet 00400-2A
and 2B in its entirety and replace with the attached Sheet 00400-2A
and 2B, ADDENDUM NO.1.
B. BID BOND FORM SHEET 00400-12A and 12B: Remove Sheet 00400-12A and 12B
in its entirety and replace with the attached Sheet 00400-12A and 12B,
ADDENDUM NO.1.
ITEM NO.5: SECTION 00500 - AGREEMENT FORM
A. On first page below -The Architect is:- add "The Resident Project
Representative is: Morrison Knudsen/Gerrits, P. O. Box 5283, Key West,
FL 33045."
B. Paragraph 5.2: Change -last day- to -25th day-.
C. Paragraph 5.3: Delete in its entirety and substitute the following:
- Pro v i ded an acceptable App 1 i cat i on for Payment is rece i ved by the
Architect and Resident Project Representative not later than the 25th
day of a month, the app 1 i cat i on wi 11 be submitted to the Owner two
weeks thereafter. The Owner shall make payment with in 30 days of
receipt of the application.-
D. Subparagraph 5.7.1: Change "ninety-five percent (95%)" to "ninety
percent (90%). II
ITEM NO.6: SECTION 00510 - PROJECT FORMS (EEO REOUIREMENTS)
A. Part 00510-8 EEO Requirements, Paragraph E.4: Fill in the blank as
follows: "defined as the following State of Florida Counties: Glades,
Hendry, Indian River, Martin, Monroe, Okeechobee and St. Lucie."
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AEP No. 591-0861-000
ADDENDUM NO. 1
ITEM NO.7: SECTION 00800 - SUPPLEMENTARY CONDITIONS
A. Delete Section 00800 in its entirety and substitute the attached
Section 00800 - SUPPLEMENTARY CONDITIONS, ADDENDUM NO.1.
ITEM NO.8: SECTION 00905 - WAGE RATES
A. First paragraph, first sentence: After "as follows:- add:
"BUILDING CONSTRUCTION
COUNTY: Monroe
Decision No. 92-FL-0217
Date of Decision: 7-10-92
Expires: 1-6-93"
B. Add a third paragraph as follows:
-The wage rate determination of the Secretary of Labor incorporated in
the advertised specifications may not include rates for all
classifications. The bidder is responsible for ascertaining the rates
payable for such classifications and whether area practice requires the
use of these classifications or other labor classifications in
accomplishing the work. No inference concerning area practices is to
be drawn from their omission. Further, the omission will not, per se,
establish any liability for increased labor cost resulting from the use
of such classification.-
ITEM NO.9: SECTION ADDED
A. Add the following attached Section to the Specifications:
Section 00910 - BUY AMERICAN REQUIREMENT
B. Add the following Section to the Table of Contents:
Section 00910 - BUY AMERICAN REQUIREMENT
ITEM NO. 10: GENERAL PROVISIONS -- FAA STANDARDS
A. Section 10 DEFINITION OF TERMS:
1. Subsection 10-18 ENGINEER: Add to the end of the paragraph as
follows: "Throughout the General Provisions the term Engineer
shall mean the Architect and/or the Resident Project Representa-
tive. The joint and separate duties and responsibilities shall
be as defined in the General and Supplementary Conditions of the
Contract."
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AEP No. 591-0861-000
ADDENDUM NO. 1
B. Section 20 PROPOSAL REQUIREMENTS AND CONDITIONS:
1. Subsection 20-02 PREQUALIFICATION OF BIDDERS: Change -NOT USED"
to the following:
IIEach bidder shall furnish the owner satisfactory evidence of
his/her competency to perform the proposed work. Such evidence
of competency, unless otherwise specified, shall consist of
statements covering the bidder's past experience on similar work,
a list of equipment that would be available for the work, and a
list of key personnel that would be available. In addition, each
bidder shall furnish the owner satisfactory evidence of his/her
financial responsibility. Such evidence of financial
responsibility, unless otherwise specified, shall consist of a
confidential statement or report of the bidder's financial
resources and liabilities as of the last calendar year or the
contractor's last fiscal year. At the time of submitting such
financial statements or reports, the bidder shall further certify
whether his/her financial responsibility if approximately the
same as stated or reported by the pub 1 i c accountant. If the
bidder's financial responsibility has changed, the bidder shall
qualify the public accountant's statement or report to reflect
his/her (bidder's) true financial condition at the time such
qualified statement or report is submitted to the owner.
Unless otherwise specified, a bidder may submit evidence that he
is prequalified with the State Highway Division and is on the
current 'bidder's list' of the state in which the proposed work
is located. Such evidence of State Highway Division prequalifi-
cation may be submitted as evidence of financial responsibility
in 1 i eu of the cert i fi ed statements or reports herei nbefore
specified.
Each bidder shall submit 'evidence of competency' and 'evidence
of financial responsibility' to the owner prior to award."
2.
Subsection
QUANT IT I ES:
20-05 INTERPRETATION OF ESTIMATED
change IINOT USED" to the following:
PROPOSAL
IIAn 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 impl ication agree that the actual quantities involved will
correspond exactly therewith; nor shall the bidder plead misun-
derstanding 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
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AEP No. 591-0861-000
ADDENDUM NO. 1
QUANTITIES of Section 40 without in any way invalidating the unit
bid prices.-
3. Subsection 20-08 IRREGULAR PROPOSALS: Add subparagraphs d. and
e. as follows:
"d. 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.
e. If the proposal contains unit prices that are obviously
unbalanced.-
C. Section 40 SCOPE OF WORK:
1. Subsection 40-02 ALTERATION OF WORK AND QUANTITIES:
a. At the end of the second sentence which ends in -originally
awarded contract quantities.- remove the period and add the
following:
"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.-
b. Delete the last sentence which reads in part -All Change
Orders pertaining . . . determinations of the U.S. Secretary
of Labor.-
c. Add the following paragraph at the end of this subsection:
- Shoul d 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 ri ght to termi nate the
contract with respect to the item and make other arrangements
for its completion.
2. Subsection 40-04 EXTRA WORK: Between the first and last para-
graphs add the following:
"When determined by the Engineer to be in the owner's best
interest, he may order the Contractor to proceed with extra work
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AEP No. 591-0861-000
ADDENDUM NO. 1
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.-
3. Subsect ion 40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE
WORK: Beginning at the last sentence in the first paragraph,
change .. Either excess or waste, he shall handl e materi a 1 sin
compliance with Section 02IIO-SITE CLEARING and 02220-BUILDING
EARTHWORK.- to -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,
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 exca-
vation or removal of such material at the applicable contract
pri ce. The Cont ractor 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,
backfill s, or otherwi se 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 appl icab1e 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.-
Page 6 of 14
AEP No. 591-0861-000
ADDENDUM NO. 1
D. Section 50 CONTROL OF WORK:
1. Subsection 50-06 CONSTRUCTION LAYOUT AND STAKES: In the first
sentence change "vert i ca 1 control in the Contract Documents
only.- to -Vertical control only.-
2. Subsection 50-14 PARTIAL ACCEPTANCE: Change "NOT USED" to the
following:
" I f at any time duri ng 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.-
3. Subsection 50-15 FINAL ACCEPTANCE: Change "NOT USED" to the
following:
"Upon due notice from the Contractor of presumptive completion of
the entire project, the Engineer and owner will make an inspec-
tion. 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, pro-
vided the work has been satisfactorily completed. In such event,
the Eng i neer wi 11 make the fi na 1 acceptance and not ify the
Contractor in writing of this acceptance as of the date of final
inspection."
E. Section 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC:
1. Subsection 70-13 OPENING SECTIONS OF THE WORK TO TRAFFIC: Prior
to the second paragraph which starts "No portion of the work may
be opened" add the following paragraph:
"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.-
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AEP No. 591-0861-000
ADDENDUM NO. 1
2. Subsection 70-14 CONTRACTOR'S RESPONSIBILITY FOR WORK:
a. Fi rst paragraph, fi rst sentence: Change. . . . ent i re
comp 1 eted work, the Contractor . . ." to .. . . ent i re
completed work, excepting only those portions of the work
accepted in accordance with the subsection titled PARTIAL
ACCEPTANCE of Section 50, the Contractor . . -
b. At the end of the first paragraph delete the following:
"except damage to the work due to unforeseeabl e causes beyond
the control of and without the fault or negligence of the
Contractor, including but not restricted to acts of God such
as earthquake, tidal wave, tornado, hurricane or other
cataclysmic phenomenon of nature, or acts of the public enemy
or of government authorities.-
3. Subsection 70-20 ARCHEOLOGICAL AND HISTORICAL FINDINGS:
a. In the next to 1 ast sentence change "Section 40 and the
Genera 1 and Supp 1 ementa 1 Cond it ions of the Contract" to
"Section 40 and the subsection titled PAYMENT FOR EXTRA WORK
AND FORCE ACCOUNT WORK of Section 90."
F. Section 80 PROSECUTION AND PROGRESS:
1. Subsection 80-06 TEMPORARY SUSPENSION OF THE WORK: Throughout
the subsection change each occurrence of - Owner" to · Owner's
Res ident Project Representat i ve- and each occurrence of - Owner's"
to "Owner's Resident Project Representative's.-
G. Section 90 MEASUREMENT AND PAYMENT:
1. Subsection 90-08 PAYMENT OF WITHHELD FUNDS: Delete this
subsection in its entirety.
2. Subsect ion 90-09 ACCEPTANCE AND FINAL PAYMENT: Change" NOT
USED" to the following:
"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 Eng i neer sha 11 resolve a 11
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,
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AEP No. 591-0861-000
ADDENDUM NO. 1
and such disputed quantities shall be considered by the owner as
a c 1 aim in accordance with the subsect ion 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, determi ned to be due the Contractor 1 ess 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 ADJUST-
MENTS 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 adjudica-
tion of such claims, any additional payment determined to be due
the Contractor will be paid pursuant to a supp 1 ementa 1 fi na 1
estimate.-
CHANGES TO CONTRACT SPECIFICATIONS
ITEM NO. 11: SECTION 01010 - SUMMARY OF WORK
A. Add Paragraph 1.6 as follows:
-1.6 ADMINISTRATION OF THE CONTRACT
A. Use of the terms Architect, Architect-Engineer, Owner's
Representative and the Resident Project Representative shall
mean Architect, Resident Project Representative or Architect
and Resident Project Representative based on the duties and
responsibilities as defined in the General Conditions of the
Contract. "
ITEM NO. 12: SECTION 01020 - ALLOWANCE
A. Paragraph 3.1: Add subparagraph B as follows:
-B. Allowance No.2: Include an allowance of $25,000 for the fees
due and payable for obtaining the Building Permit and other
permits and governmental fees, licenses and inspections necessary
for proper execution and completion of the work as required by
subparagraph 3.7.1 of the General Conditions.-
ITEM NO. 13: SECTION 01035 - CONTRACT SUPPLEMENT AND MODIFICATION PROCEDURES
A. The sample forms referenced throughout the section are attached hereto.
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AEP No. 591-0861-000
ADDENDUM NO. 1
B. Paragraph 1.3:
1. Subparagraph B: Add Subparagraph 5 as follows:
"5. The Contractor shall maintain a sequential log of all
Requests for Change Orders."
2. Delete Subparagraph C in its entirety.
ITEM NO. 14: SECTION 01631 - PRODUCT SUBSTITUTIONS
A. Paragraph 1.3: Add the following to the end of Subparagraph B:
B: "Where brand name, manufacturer or model number method of
specification is utilized, approved equal products may be
proposed in accordance with this Section whether or not the term
or approved equal appears in the Spec i fi cat i on. The bas is of
acceptance for the performance, testing, quality and dimensions
will be conformance with the specified criteria and the
characteristics of the specified product(s)."
ITEM NO. 15: SECTION 02220 - BUILDING EARTHWORK
A. Paragraph 3.8 B.l: Delete -ASTM 02922 (Nuclear Method).-
ITEM NO. 16: SECTION 06402 - INTERIOR ARCHITECTURAL WOODWORK
A. Paragraph 1.2 A: Add the following:
-9. Wood lockers.~
B. PART 2 - PRODUCTS: Add subparagraph 2.13 as follows:
-2.13 WOOD LOCKERS
A. General: Provide 24-inch x 21-inch x IS-inch wide wood
lockers with coin operated locks by Classic Woodworking Inc.,
Tualatin, Oregon, or approved equal.
1. Interior and shelves constructed of high-density, high-
impact Kortron/EB.
2. Locker Frame: All exposed edges of locker frame are
lined with sealed solid birch molding on sides and
shelves.
3. Number Plates: 1-1/2 inch stainless steel disk with
black numbers, routed in flush with door surface.
Page 10 of 14
AEP No. 591-0861-000
ADDENDUM NO. 1
4. Hi nges: Heavy duty, 1 ifet ime guaranteed, MICO steel
hinges.
5. Doors and face panels: Flush doors and face panels of
yellow birch, white select rotary cut on premium grade
plywood; match grai n horizontally, book match veneer
leaves. Comply with AWl Section 300.
6. Finish: Transparent finish for open-grain woods: Comply
with requirements indicated below for grade, finish
system, staining, effect and sheen, with sheen measured
on 60-degree gloss meter per ASTM D523.
a. Grade: Premium.
b. AWl Finish System #3: Conversion varnish.
c. Staining: Clear stain base followed by white
pigmented wash. Match Architect's sample.
d. Effect: Closed grain.
e. Sheen: Medium-gloss rubbed effect 35-45 degrees."
ITEM NO. 17: SECTION 08710 - DOOR HARDWARE
A. Paragraph 3.3 A: Add new subparagraph to read as follows:
-3. See Door Schedule, Section 08999, for hardware group numbers for
doors not listed below.-
ITEM NO. 18: SECTION 08999 - DOOR AND FRAME SCHEDULE
A. Door Symbol 110B, column HDW: Add No. "21."
B. Door Symbol 11 OC, column HDW: Add No. "21."
C. Door Symbol 201, column HDW: Add No. "19. II
D. Door Symbol 209, column HDW: Add No. "2."
E. Door Symbol 401, column HDW: Add No. "20."
F. Door Symbol 110A, Door Type column: Change "F" to -FPV-.
G. Door Symbol 120A:
1. Door Type column: Change "FL" to "L".
2. Louv. column: Add "WD.II
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AEP No. 591-0861-000
ADDENDUM NO. 1
H. Door Symbol 120B:
1. Door Type column: Change "FL- to - L - .
2. Louv. column: Add "WD."
I. Door Symbol 120C:
1. Door Type column: Change "FL" to - L - .
2. Louv. column: Add "WD."
J. Door Symbol 121A:
1. Door Type column: Change "FL" to - L - .
2. Louv. column: Add "WD."
K. Door Symbol 121B:
1. Door Type column: Change "FL" to "L-.
2. Louv. column: Add "WD."
L. Door Symbol 128B, Louv. column: Delete "WD."
M. Door Symbol 128C, Louv. column: Delete "WD.II
N. Door Symbol 1280, Louv. column: Delete "WD."
O. Door Symbol 204, Louv. column: Delete "WD."
P. Door Symbol l30A, Door Type column: Change -G" to - CG- .
Q. Door Symbol 200B, Frame Mat. column: Change "JM" to "HM".
ITEM NO. 19: SECTION 12600 - FURNITURE AND ACCESSORIES
A. Paragraph 2.14, subparagraph A:
1. Change "NEV Industries" to "Nevers Industries".
2. Add telephone number as follows: (800) 242-2443.
ITEM NO. 20: SECTION 15683 - RECIPROCATING CHILLERS
A. Paragraph 2.1 0, First Sentence: Insert "or 90/10 copper/nickel"
between "data-clad" and "tube sheets."
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AEP No. 591-0861-000
ADDENDUM NO. 1
ITEM NO. 21: SECTION 15830 - TERMINAL UNITS
A. Paragraph 2.1 B:
1. Subparagraph 3: Insert .or 90/10 copper/nickel." after .gray
cast iron.-
2. Subparagraph 6a: Delete .at 225 psi, 325 degrees F."
ITEM NO. 22: SECTION 16427 - FRONT ACCESSIBLE SWITCHBOARDS
A. Paragraph 2.6, subparagraph A: At end of second sentence delete period
and add .Challenger, Square 0, Westinghouse and Siemens (ITE).-
B. Paragraph 2.8, subparagraph A: After .AV-Line switchboard, add
.Challenger, Square 0, Westinghouse, Siemens (ITE),".
ITEM NO. 23: SECTION 16441 - SAFETY SWITCHES
A. Paragraph 2.1, subparagraph A:
1. Change .or Westinghouse.- to .Westinghouse-.
2. At end of sentence add .Challenger or approved equal.-
ITEM NO. 24: SECTION 16470 - PANELBOARDS
A. Paragraph 2.1, subparagraph A:
1. Change Itor Square 0" to .Square D."
2. At end of sentence add -Challenger or approved equal.-
ITEM NO. 25: SECTION 16610 - SURGE SUPPRESSORS
A. Paragraph 1. 3, subparagraph H: Between. Seri es . . . ; - and · or
Advanced. . ." add .L.E.A. Dynatech PHT Series, Current Technology DP
Series."
CHANGES TO CONTRACT DRAWINGS
ITEM NO. 26: DRAWING SHEET A-I02
A. Second Floor Plan: At Manager Office 200, add door and swing symbol at
opening 2008. Door to swing into conference room.
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AEP No. 591-0861-000
ADDENDUM NO. 1
ITEM NO. 27: DRAWING SHEET A-306
A. Window and Door Types: Door Type F, at note reading -WOOD", add -OR
HOLLOW METAL AS SCHEDULED.-
ITEM NO. 28: DRAWING SHEET S-2
A. Add pipe sleeves under canopy slab as shown on attached drawings
ADD-ljS-2A, ADD-ljS-2B.
ITEM NO. 29: DRAWING SHEET M-3
A. First Floor HVAC Plan:
1. Change note near col umn 1 ine 1 from MAIN LINES INV. EL. 95' -0" to
MAIN LINES MAXIMUM INVERT ELEVATION 2.0' .
2. At column lines C-13 change -SEE SHEET C302 SET 2 OF 2" to ~BY
SITE CONTRACTOR, N.I.C."
ITEM NO. 30: DRAWING SHEET P-3
A. Change roof drain piping configuration at and beside the injection well
to be as shown on attached sheet ADD.l/P-3A.
B. On "Storm Drain Injection (Gravity) Well Inlet" section: 1. Add a
dimension from bottom of baffle wall to top of base slab of }'-O".
2. De 1 ete note stating: "Note: Bas in 250 shall be the same
structure on 2-20" wells are required."
C. On "Storm Drain Inspection (Gravity) Well" Section, delete note
stating: "Note: 1. Completed well to be tested for capacity as
specified."
ITEM NO. 31: DRAWING SHEET FP-4
A. Change 4" FP MAIN to 6" FP MAIN at two locations; one near backflow
preventer and one near PIV.
B. Change title at bottom from -FIST FLOOR" to ~FIRST FLOOR.-
END OF ADDENDUM NO. 1
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AEP No. 591-0861-000
ADDENDUM NO. 1
5910861-000
HARATHON AIRPORT
NEW PASSENGER TERMINAL BUILDING
K>RROE ccnmTY I FLORIDA
SECTION 00200 - BID SHEBT
CONSTRUCTION OF NEW PASSENGER TERMINAL BUILDING
AND ASSOCIATED EMERGENCY GENERATOR AND CHILLER BUILDING
FOR THE MARATHON AIRPORT, MONROE COUNTY, FLORIDA
AlP PROJECT NO. 3-12-0044-09/WPI 6826631/6826747
This bid shall be valid for one hundred twenty (120) days from date of opening.
Company Name:
Company Address:
Company Phone:
The following bid is in strict accordance with Monroe County Invitation to Bid
dated July 1992, and all attachments as referenced therein.
The following bid includes no exceptions or clarifications and is in total
compliance.
"I hereby certify that I understand and am aware that Monroe County at its sole
discretion reserves the right to waive technicalities or irregularities, to
reject any or all bids and/or to accept that bid which is in the best interest
of the County. The award of this bid, if made, may be based on considerations
other than total cost and may be awarded based on various considerations,
including but not limited to: bidder experience and/or qualifications, quality
of materials, services or goods, past experience and whether the bid, in the
judgement of the County, is the most responsive to the county needs. The County
encourages the use of minority and women-owned businesses as Subcontractors or
in joint venture arrangements.
Authorized Signature
Date
Company Contact (Please Print)
END OF SECTION 00200
BID SHEET
00200-1
ADDENDUM NO. 1
5910861-000
!mRATBOR AIRPORT
NEW PASSENGBR TBRKIRAL BUILDING
aJRROB COOl.'f'fi, FLORIDA
SECTION 00300 - BID
SCHBDULB
BIDDER:
DATE:
AIRPORT NAME: Marathon Airoort. Florida
FAA PROJECT NO.: 3-12-0044-09
WPI PROJECT NO.: 6826631/6826747
PROJECT DESCRIPTION:
Construction of New Passenqer Terminal Buildinq and
Associated Emerqencv Generator and Chiller Buildinq for the Marathon Airoort.
Monroe Countv. Florida
A. Base Bid: All labor, materials, services and equipment necessary for
completion of the work shown on the drawings and in the specifications
(including allowances required in Section 01020), except specific elements
of the Work to be itemized separately as described below:
Dollars ($
B. Si te Preparation: All labor, materials, services and equipment necessary
for the completion of all clearing, grubbing, earthwork and grading shown
on the drawings and in the specifications.
Dollars ($
C. Bidder acknowledges that included in the various items of the proposal and
in the Total Bid Price are costs for complying with the Florida Trench
Safety Act (90-96, Laws of Fla.) effective October 1, 1990. The bidder
further indicates the costs to be summarized below:
Dollars ($
D. Hold Harmless Insurance:
Dollars ($
E. Emergency Generator and Associated Switching Gear:
Dollars ($
F. All furniture indicated on the "Second Floor Signage and Furniture Plan"
on Drawing Sheet AB01:
Dollars ($
G. Total Bid (Sum of Items A through F)
Dollars ($
H. "G" Plus Alternate No.1:
Dollars ($
BID SCHEDULE
00300-1
ADDENDUM NO. 1
5910861-000
I. "G" Plus Alternate No.2:
Dollars ($
J. "G" Plus Alternate No.1 Plus Alternate NO.2:
Dollars ($
K. Unit Prices (RE: Section 01026 - UNIT PRICES)
1. Change in the total length of all piling from length estimated (per
linear foot of pile) .
Dollars ($
2. Change in number of load test.
Dollars ($
NOTE: The award of Contract will be made to the lowest responsible and qualified
bidder based on the price quoted for the total bid (Item G) above plus any or all
combinations of the bid alternates, as quoted above, whichever is in the OWner's
best interest.
, 19_
this
Dated and signed at
day of
Name of Bidder
Authorized Signature
Title
Mailing Address
City, State, Zip
Contractor's License No.
END OF SECTION 00300
BID SCHEDULE
00300-2
ADDENDUM NO. 1
~'or:ROE COUNTY
DISADVANTAGED BUSINESS ENTERPRISE (OBE) PROGRtI}'
The following bid conditions apply to this Department of Trans-
portation (DOT) assisted contract. Submission of a bid by a
prospective Contractor shall constitute full acceptance of these
bid conditions.
1. Definition. Disadvantaged Business Enterprise (DBE) as used
in this Contract shall have the same meaning as defined in
paragraph 23.62 of Sub-part D to 49 CFR Part 23.
2. Policy. It is the policy of DOT that disadvantaged business
enterprises as defined in 49 CFR Part 23 shall have the maxi-
mum opportunity to participate in the performance of Con-
tracts and sub-contracts financed in whole or in part with
federal funds. consequently, the DBE requirements of 49 CFR
Part 23 apply to this contract.
J. DBE Obliqation. The contractor agrees to ensure that disad-
vantaged business enterprises as defined in 49 CFR Part 23
have the maximum opportunity to participate in the perform-
ance of Contracts and sub-contracts financed in whole or in
part with Federal funds. In this regard all contractors
shall take all necessary and reasonable steps in accordance
with 49 CFR Part 23 to ensure that disadvantaged business
enterprises have the maximum opportunity to compete for and
perform Contracts. Contractors shall not discriminate on the
basis of race, color, national origin, or sex in the award
and performance of DOT-assisted contracts.
4. Compliance. All bidders, potential Contractors or sub-con-
tractors for this DOT-assisted contract are hereby notified
that failure to carry out the DOT policy and 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 Owner.
5. sub-contract Clauses. All bidders and potential Contractors
hereby assure that they will include the above clauses in all
sub-contracts which offer further sUb-contracting oppor-
tunities.
6. Contract Award. Bidders are hereby advised that meeting DBE
sub-contract goals or making an acceptable good faith effort
to meet such goals are conditions of being awarded this DOT-
assisted Contract.
SUPPL~ME~TAL BID F0~~S
004CO- -:.r.
r.DDENDm~ NO. 1
The Owner proposes to award the Contract to the lowest
responsive and responsible bidder submitting a reasonable
bid provided he has met the goals for DBE participation or,
if failing to meet the goals, he has made an acceptable good
faith effort to meet the established goals for DBE
participation. Bidder is advised that the Owner has sole
authority to determine if the bidder has made sufficient
effort toward meeting DBE goals to qualify for Contract
award. The Owner reserves the right to reject any or all
bids submitted.
7. DBE particioation Goal. The attainment of goals established
for this Contract are to be measured as a percentage of the
total dollar value of the Contract. The goal established
for this Contract is as follows:
Eighteen (18) percent.
S. Available DBEs. DBEs shall be certified by the Florida
Department of Transportation in accordance with the
applicable Federal standards. Inclusion of other DBEs and
substantiating data and forms is at the bidder's risk.
9. Contractor's Reauired Submission. The Owner requires the
submission of the following information with the bid.
Certain other DBE information may also be required.
DISADVANTAGED BUSINESS ENTERPRISE
SUBCONTRACTS
(Attach Additional Pages As Necessary)
MBE Subcontractors
Name/Address/Identity*
Subcontract
Work Item
Dollar
Value of
Subcontract
Work
SUPPLEMENTAL BID FORMS
00400-2B
ADDENDUM NO. 1
AIP 3-12-:)044-09
WPI 6826631/6826747
~'C~P.OE COUNTY
BID BOND
(NOT TO BE FILLED OGT :: A CERT:FIED CHECK :5 SUBMITTED)
KNOW ALL MEN BY THESE PRESENTS: Tha~ we, the undersigned
I as Pr~nc~pal, and
a Corpora~e Sure~y
author~zed under the laws of the Sta~e of to do busi-
ness in the State of and author~zed to write this
type of bond through a resldent agent of the corporation located
in the State of as surety, are held and firmly bound
u n t 0 :1 0 n r 0 e Lou n t. Y i nth e sum 0 f
($ ) for the payment of wh~cn, well and ~ruly ~o be
made, we hereby Jointly and severelly bind ourselves and our
heirs, executors, administrators, successors and assigns.
The condition of the above obligation 15 such that if the
attached bid of
for the
improvemen~ of a~rpor~ facilities stlpu.l.ated 1n said bid in
accordance with the plans and specifications provided therefor,
is accepted and the contract awarded to the above named bidder,
and the said bidder shall within lZQ days after notice of
said award enter into a contract in writing and furnish the
required public construction bond with surety, or sureties, to be
approved by Monroe ~ounty. this obligation shall be void.
Otherwise, the same shall be in full force and virture of law,
and the full amount of this bid bond will be paid to
Monroe County _ as stipulated for
liquidated damages.
Signed this ____ day of
(Principal must indicate
whether corporation, partner-
ship, company or indiVidual)
I 19
Pr~nc~pal
THIS PERSON SIGNING SHALL IN
HIS OWN HANDWRITING SIGN THE By:
PRINCIPAL'S NAME, AND HIS TITLE.
BY WHERE THE PERSON SIGNING FOR
A CORPORATION IS OTHER THAN THE
PRESIDENT OR VICE PRESIDENT, HE
MUST, BY AFFIDAVIT AS CONTAINED
~EREIN, SHOW HIS AUTHORITY TO
. BIND THE CORPORATION.
Title
sure~y
Surety companies executing Bonds must appear on the Treasury
Department's most current list (Circular 570 as amended) and be
authorized to transact business in the state where the project is
located.
BID BOND
00400-12A
ADDENDUM NO. 1
.:'IP3-12-0044-09
wPI 6826631/6826747
MONROE COUNTY
BOND AFFIDAVIT
(IF APPLICA.8LE)
State of Florida
County of
Before me, the undersigned authority, personally appeared
, who, being duly sworn, deposes and says
that he is a duly authorized (resident) (non-resident) insurance
agent, properly licensed under the laws of the State of
and the State of Florida, to represent of
(company name)
,
a company authorized to make corporate surety bonds under the
laws of the State of Florida.
said
as Attorney-in-Fact for the said
signed the attached Bond in the sum
$
covering
F.A.A. Project No. AlP 3-12-Qfl44-09
6826747, Monroe County, Florida.
further certifies that
, he has
of
, on behalf of
, w. P. I. proj ect No. 6826631/
said further certifies that the premium
on the said Bond is ,
which will be paid in full direct to him as Attorney-in-Fact and
included in his regular accounts to the said
, and that he will receive his regular commission
of % as Attorney-in-Fact for the execution of said Bond and
that his commission will not be divided with anyone except as
follows, % to (company name), who
is duly authorized resident insurance agent and properly licensed
under the laws of the State of Florida.
Countersigned:
(Florida)Resident Agent
Agent and Attorney-in-Fact
Acknowledgement for Attorney-in-Fact
Sworn to and subscribed before
me this day of
A.D. 19
Notary Public, State of
My Commission Expires
END OF SECTION 00400-12
BID BOND
00400-12B
Jl.DDENDUt~ NO. 1
5910861-000
MARATHON AIRPORT
NEW PASSKlIIGBR TERMINAL BUILDING
MONROB Cuul'n; x, FLORIDA
SBCTION 00800 - SUPPLBMBRTARY
CONDITIONS
GENERAL
The following supplements modify the "General Conditions of the Contract for
Construction," AlA Document A201, Fourteenth Edition, 1987. Where a portion of
the General Conditions is modified or deleted by these Supplementary Conditions,
the unaltered portions of the General Conditions shall remain in effect. Where
AIA "General Conditions of the Contract for Construction- or -Supplementazy
conditions- Contained Herein Conflict with FAA -Standards for Specifying
Construction of Airports- Part 1 -General Provisions- AC150/5370-10A current
edition, the FAA standards shall prevail.
General - Articles 1 throuah 14
The Owner intends to enter into an Agreement with the firm of Morrison
Knudsen/Gerrits to provide resident project representative services for this
Project and Reynolds, Smith and Hills, Inc. to provide architectural, engineering
services for this Project. Therefore, modify certain Articles of the General
Conditions as set forth below:
In the listed Subparagraphs of the following Articles, substitute the words
"Resident Proiect Reoresentative" for the word "Architect" (or the possessive
"Resident proiect Reoresentative's" for "Architect's" where applicable). Unless
otherwise stated below, such substitution shall be made at all locations
occurring within the Subparagraph:
Article 3 - Contractor
Subparagraphs - 3.3.3; 3.11.1 (2nd occurrence); 3.12.5.
Article 5 - Subcontractors
Subparagraphs - 5.2.1; 5.2.2; 5.2.3; and 5.2.4.
Article 6 - Construction by Owner or by Seoarate Contractors
Subparagraphs - 6.2.2; and 6.3.1.
Article 7 - Chanaes in the Work
Subparagraphs -
7.2.1 (1st occurrence); 7.3.1 (1st occurrence); 7.3.4; 7.3.6;
7.3.7; 7.3.8; and 7.3.9.
Article 8 - Time
Subparagraph - 8.1.3.
Article 9 - Payments and Comoletion
Subparagraphs - 9.8.2; 9.8.3; 9.10.1 (3rd and 6th occurrences); 9.10.2; 9.10.3.
Article 13 - Miscellaneous provisions
Subparagraphs - 13.5.4; and 13.5.5.
Article 14 - Tennination or SUSDension of the Contract
Subparagraphs - 14.1.1; 14.1.2; 14.1.3; 14.2.2; and 14.2.4 (2nd occurrence).
SUPPLEMENTARY CONDITIONS
00800-1
ADDENDUM NO. 1
5910861-000
In the listed Subparagraphs of the following Articles, add the words "and
Resident ReDresentative" after the word "Architect" (or the possessive " and
Resident Pro;ect ReDresentative's" for "Architect's" where applicable). Unless
otherwise stated below, such addition shall be made at all locations occurring
within the Subparagraph:
Article 1 - General Provisions
Subparagraph - 1.1.2.
Article 2 - Owner
Subparagraph - 2.4.1.
Article 3 - Contractor
Subparagraphs -
3.2.1; 3.2.2; 3.5.1; 3.7.3; 3.7.4; 3.10.1; 3.10.2; 3.11.1 (1st
occurrence); 3.16.1; 3.17.1; 3.18.1; and 3.18.3.
Article 5 - Subcontractors
Subparagraph - 5.3.1.
Article 7 - Chanqes in the Work
Subparagraphs - 7. 1 .2; 7.2. 1 (2nd occurrence) ; 7.3. 1 (2nd occurrence) ; and 7 .4 .1 .
Article 8 - Time
Subparagraph - 8.3.1.
Article 9 - Pavments and Crmnletion
Subparagraphs -
9.2.1; 9.3.1; 9.4.1; 9.4.2; 9.5.1; 9.6.1; 9.6.3; 9.6.4; 9.7.1;
9.9.1; 9.9.2; and 9.10.1 (1st, 2nd, 4th and 5th occurrences).
Article 10 - Protection of Persons and Prooertv
Subparagraphs - 10.1.2; 10.1.4; 10.2.5; and 10.2.6.
Article 11 - Insurance and Bonds
Subparagraph - 11.3.7.
Article 12 - Uncoverinq and Correction of Work
Subparagraphs - 12.1.1; 12.1.2; 12.2.1; and 12.2.4.
Article 13 - Miscellaneous provisions
Subparagraphs - 13.4.2; 13.5.1; 13.5.2; and 13.5.3.
Article 14 - Termination or SUSDension of the Contract
Subparagraph - 14.2.4 (1st occurrence).
Articles 1 throuqh 14
All occurrences of the word or form of the word "Arbitration" shall be changed
to "Litigation."
SUPPLEMENTARY CONDITIONS
00800-2
ADDENDUM NO. 1
5910861-000
ARTICLE 1; GENERAL PROVISIONS
1.2 Execution, Correlation and Intent
Add the following to subparagraph 1.2.3.
In the event of conflicts or discrepancies among the Contract Documents,
interpretations will be based on the FAA General provisions (Sections 10 through
90) .
In the case of an inconsistency between Drawings and Specifications or within
either Document not clarified by addendum or otherwise resolved by the FAA
General Provisions, the better quality or greater quantity of Work shall be
provided in accordance with the Architect's interpretation.
Add the following subparagraph:
1.2.6 References in these Contract Documents to standards including trade
associations, federal and military specifications, technical societies,
organizations, and associations, codes and government authorities whether
specific or by implication shall refer to the latest issue or edition in effect
30 days, prior to date of receipt of Bids or date of the Agreement, if there were
no Bids. The provisions of referenced standards shall not change the duties and
responsibilities of the Owner, the Contractor, or the Architect or any of their
consultants, agents or employees.
ARTICLE 2; OWNER
2.1 Definition
Delete Subparagraph 2.1.2 in its entirety.
2.2 Information and Services Required of the Owner
Delete Subparagraph 2.2.1 in its entirety.
Delete Subparagraph 2.2.5 and substitute the following:
2.2.5 The Contractor will be furnished free of charge 2 blueline copies of
Drawings and Project Manuals. Additional sets will be furnished at the cost of
reproduction, postage and handling.
ARTICLE 3; CONTRACTOR
3.4 Labor and Materials
Add the following Subparagraphs 3.4.3, 3.4.4, 3.4.5 and 3.4.6 to 3.4:
3.4.3 After the Contract has been executed, the Owner and the Architect may
consider a formal request for the substitution of products in place of those
specified only under the conditions set forth in the General Requirements
(Division 1 of the Specifications) .
3.4.4 By making requests for substitutions based on Subparagraph 3.4.3 above,
the Contractor.
.1 represents that the Contractor has personally investigated the
proposed substitute product and determined that it is equal or
superior in all respects to that specified;
.2 represents that the Contractor will provide the same warranty for
the substitution that the Contractor would for that specified;
SUPPLEMENTARY CONDITIONS
00800-3
ADDENDUM NO. 1
5910861-000
.3 certifies that the cost data presented is complete and includes all
related costs under this Contract except the Architect's design
costs, and waives all claims for additional costs related to the
substitute which subsequently become apparent; and
.4 will coordinate the installation of the accepted substitute, making
such changes as may be required for the Work to be complete in all
respects.
3.4.5 When a material, equipment, or system is specified by the name of one or
more manufacturers, such material, equipment, or system shall form the basis of
the Contract. If the Contractor desires to use another material, equipment, or
system in lieu thereof, he shall request approval in writing and shall submit
samples and data as required for Architects' consideration. Any reasonable
request for substitution will be considered by the Architect. If, in the opinion
of the Architect, such material, equipment, or system is equal to the material
specified and is entirely satisfactory for use in the Project, then the Architect
will approve such substitutions. However, the Architect will be the sole judge
of the above requirements. Any use as a basis for bidding of a material,
equipment, or system other than that specified unless such material, equipment,
or system has been approved by the Architect before submission of General
Contractors' Bid to Owner, will be made at Bidders' risk. No substitution shall
be made without authority in writing from the Architect.
3.4.6 General Contractor shall disclose to the Owner and Architect the existence
and extent of financial interests, whether direct or indirect, he has in
subcontractors and material suppliers which he may propose for this Project. If
the General Contractor is a partnership, the foregoing disclosure shall be made
as to each partner. If the General Contractor is a corporation, the foregoing
disclosure shall be made as to each officer, director or principal shareholder.
3.6 Taxes
Add the following Subparagraph 3.6.2 to 3.6:
3.6.2 The Owner is tax exempt and reserves the right to purchase directly
various construction materials and equipment that may be a part of the Contract.
If the Owner elects to make a particular purchase, the Owner will, via a Purchase
Contract, purchase the materials and equipment, and the Contractor shall assist
the Construction Manager in the preparation of these Purchase Contracts,
including providing to the Owner appropriate tax credits.
3.9 Superintendent
Add the following Subparagraph 3.9.2 to 3.9:
3.9.2 The superintendent shall be satisfactory to the Resident Project
Representative and the Owner and shall be removed and replaced at no additional
cost to the Owner if in the Owner's discretion the performance of the
superintendent is not satisfactory.
3.15 Cleaning Up
Delete Subparagraph 3.15.2 and substitute the following:
3.15.2 If the Contractor fails to clean up to the satisfaction of the Resident
Project Representative within 24 hours notice, the Owner may do so and the cost
thereof shall be charged to the Contractor.
3.18 Indemnification
Delete Subparagraph 3.18.1 and substitute the following:
SUPPLEMENTARY CONDITIONS
00800-4
ADDENDUM NO. 1
5910861-000
Indemnification statement is provided as Supplemental Bid Form 00400-14.
Add Subparagraph 3.18.4 as follows:
Upon the filing with the Owner of a claim for damages arising out of incidents
for which the Contractor herein agrees to indemnify and hold the Owner harmless,
the Owner shall notify the Contractor of such claim . Any final judgment rendered
against the Owner for any claim for which the Contractor is liable hereunder
shall be conclusive against the Contractor as to liability and amount provided
the Owner notified the Contractor of the claim as provided herein.
Add the following paragraph:
3.19 No Third Party Beneficiary
3.19.1 It is specifically agreed between the parties executing this 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 the rights, powers or privileges of
a third party beneficiary hereunder, or to authorize anyone not a part of this
Contract to maintain a suit. Liability of the parties to this Contract with
respect to third parties shall remain as imposed by law, subject to the insurance
and indemnity provisions hereof which cast such burdens on the Contractor.
ARTICLE 4; ADMINISTRATION OF THE CONTRACT
Delete Paragraphs 4.1 and 4.2 and substitute the following:
4.1 The Architect and the Resident Project Representative.
4.1.1 The Architect is the person lawfully licensed to practice architecture,
or an entity lawfully practicing architecture, identified as such in the Owner-
Contractor Agreement. The terms Architect, Architect - Engineer, Archi tect/
Engineer or Engineer, when used in the Contract Documents mean the Architect or
the Architect's authorized representative except as used in the FAA General
Provisions.
4.1.2 The Resident Project Representative is the person or entity identified as
such in the Owner - Contractor Agreement. The term Resident proj ect Representative
means the Resident Project Representative or the Resident Project
Representative's authorized representative. The term Resident Project
Representative means the Resident Project Representative acting through his
authorized representative.
4.2 Administration of the Contract
4.2.1 The Architect and the Resident proj ect Representative will provide
administration of the Contract as hereinafter described.
4.2.2 The Architect and the Resident Project Representative will be the Owner's
representatives during construction and until final payment to all Contractors
is due. The Architect and the Resident Project Representative will advise and
consult with the Owner. All instructions to the Contractor shall be forwarded
through the Resident Project Representative. The Architect and the Resident
Project Representative will have the authority to act on behalf of the Owner only
to the extent provided in the Contract Documents, unless otherwise modified by
written instrument in accordance with Subparagraph 2.2.1.
4.2.3 The Resident Project Representative will determine in general that the
Work of the Contractor is being performed in accordance with the Contract
Documents, and will endeavor to guard the Owner against defects and deficiencies
in the Work of the Contractor.
4.2.4 The Architect, along with the Resident Project Representative, will visit
the site at intervals appropriate to the state of construction to become
SUPPLEMENTARY CONDITIONS
00800-5
ADDENDUM NO. 1
5910861-000
generally familiar with the progress and quality of the Work and to determine in
general if the Work is proceeding in accordance with the Contract Documents.
However, the Architect will not be required to make exhaustive or continuous on-
site inspections to check the quality or quantity of the Work. On the basis of
on-site observations as an Architect, the Architect will keep the OWner informed
of the progress of the Work, and will endeavor to guard the OWner against defects
and deficiencies in the Work of the Contractor.
4.2.5 Neither the Architect nor the Resident Project Representative will be
responsible for or have control or charge of construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in
connection with the Work, and neither will be responsible for the Contractor's
failure to carry out the Work in accordance with the Contract Documents. Neither
the Architect nor the Resident Project Representative will be responsible for or
have control or charge over the acts or omissions of the Contractor,
Subcontractors, or any of their agents or employees, or any other persons
performing any of the Work.
4.2.6 The Architect and the Resident Project Representative shall at all times
have access to the Work wherever it is in preparation and progress. The
Contractor shall provide facilities for such access so that the Architect and the
Resident Project Representative may perform their functions under the Contract
Documents.
4.2.7 The Resident Project Representative will schedule and coordinate the Work
of all Contractors on the Project including their use of the site. The Resident
Project Representative will keep the Contractor informed of the Project
Construction Schedule to enable the Contractor to plan and perform the Work
properly. It is the intent of the Contract Documents to allow the Resident
Project Representative to schedule the performance of all Work and the
Contractors are expected to follow all such schedule direction. Should a
Contractor, either in person or through his Subcontractor, supplier or vendor,
fail to maintain progress according to the proj ect Schedule and approved
Contractor's Schedule, or cause delay to another Contractor: he shall furnish
additional labor and/or services such as overtime as mav be necessary to brinq
his operations UP to schedule. all at no additional cost to the Owner.
4.2.8 The Resident proj ect Representative will review all Applications for
Payment by the Contractor, including final payment, and will assemble them with
similar applications from other Contractors on the Project into a combined
Project Application for Payment. The Resident Project Representative will then
make recommendations to the Architect for certification for payment.
4 .2.9 Based on the Architect's observations, the recommendations of the Resident
Project Representative and an evaluation of the Project Application for Payment,
the Architect will determine the amount owing to the Contractor and will issue
a Project Certificate for Payment incorporating such amount as provided in
Paragraph 9.4.
4.2.10 The Architect will be the interpreter of the requirements of the Contract
Documents and the judge of the performance thereunder by both the Owner and the
Contractor.
4.2.11 The Architect will render interpretations necessary for the proper
execution or progress of the Work, with reasonable promptness and in accordance
with agreed-upon time limits. Either party to the Contract may make written
request to the Architect for such interpretations.
4.2.12 Claims, disputes and other matters in question between the Contractor and
the OWner relating to the execution or progress of the Work or the interpretation
of the Contract Documents shall be referred initially to the Architect for
SUPPLEMENTARY CONDITIONS
00800-6
ADDENDUM NO. 1
5910861-000
decision. After consultation with the Resident Proj ect Representati ve, the
Architect will render a decision in writing within a reasonable time.
4.2.13 All interpretations and decisions of the Architect shall be consistent
with the intent of and reasonably inferable from the Contract Documents and will
be in writing or in graphic form. In this capacity as interpreter and judge, the
Architect will endeavor to secure faithful performance by both the Owner and the
Contractor, will not show partiality to either, and will not be liable for the
resul t of any interpretation or decision rendered in good faith in such capacity.
4.2.14 The Architect's decisions in matters relating to artistic effect will be
final if consistent with the intent of the Contract Documents.
4.2.15 The Architect will have authority to reject Work which does not conform
to the Contract Documents, and to require special inspection or testing, but will
take such action only after consultation with the Resident Project
Representati ve . Subj ect to review by the Architect, the Resident Proj ect
Representative will have the authority to reject Work which does not conform to
the Contract Documents. Whenever, in the Resident Proj ect Representati ve' s
opinion, it is considered necessary or advisable for the implementation of the
intent of the Contract Documents, the Resident Project Representative will have
the authority to require special inspection or testing of the Work in accordance
with Subparagraph 13.5.2 whether or not such Work be then fabricated, installed
or completed. The foregoing authority of the Resident Project Representative
will be subject to the provisions of Subparagraphs 4.2.10 through 4.2.15,
inclusive, with respect to interpretations and decisions of the Architect.
However, neither the Architect's nor the Resident Project Representative's
authority to act under this Subparagraph 4.2.15 nor any decision made by them in
good faith either to exercise or not to exercise such authority shall give rise
to any duty or responsibility of the Architect or the Resident Project
Representati ve to the Contractor, any Subcontractor, any of their agents or
employees, or any other person performing any of the Work.
4.2.16 The Resident Project Representative will receive from the Contractor and
review all Shop Drawings, Product Data and Samples, coordinate them with
information contained in related documents, and transmit to the Architect those
recommended for approval.
4.2.17 The Architect will review and approve or take other appropriate action
upon the Contractor's submittals such as Shop Drawings, Product Data and Samples,
but only for conformance with the design concept of the Work and the information
given in the Contract Documents. Such action shall be taken with reasonable
promptness so as to cause no delay. The Architect's approval of a specific item
shall not indicate approval of an assembly of which the item is a component.
4 .2 .18 Following consultation with the Resident proj ect Representative, the
Architect will take appropriate action on Change Orders in accordance with
Article 7, and will have authority to order minor changes in the Work as provided
in Subparagraph 7.4.1.
4.2.19 The Resident Project Representative will maintain at the Project site one
record copy of all Contracts, Drawings, Specifications, Addenda, Change Orders
and other Modifications pertaining to the Project, in good order and marked
currently to record all changes made during construction, and approved Shop
Drawings, Product Data and Samples. These shall be available to the Architect
and the Contractor, and shall be delivered to the Architect for the Owner upon
completion of the Project.
4.2.20 The Resident Project Representative will assist the Architect in
conducting inspections to determine the dates of Substantial Completion and final
completion, and will receive and forward to the Owner for the Owner's review
written warranties and related documents required by the Contract and assembled
SUPPLEMENTARY CONDITIONS
00800-7
ADDENDUM NO. 1
5910861-000
by the Contract and assembled by the Contractor. The Architect will issue a
final Project Certificate for Payment upon compliance with the requirements of
Paragraph 9.10.
4.2.21 The duties, responsibilities and limitations of authority of the
Architect and the Resident Project Representative as the Owner's representatives
during construction as set forth in the Contract Documents, will not be modified
or extended without written consent of the Owner, the Contractor, the Architect
and the Resident Project Representative, which consent shall not be unreasonably
withheld. Failure of the Contractor to respond within ten days to a written
request shall constitute consent by the Contractor.
4.2.22 In case of the termination of the employment of the Architect or the
Resident Proj ect Representative, the Owner shall appoint an Architect or a
Resident Project Representative whose status under the Contract Documents shall
be that of the former Architect or Resident proj ect Representative, respectively.
4.3 Claims and disputes
4.3.1 Definition
Add the following sentence to the end of the paragraph:
A notice of a claim from the Contractor shall be made only by serialized
correspondence in accordance with the Request for Change Order procedure
stipulated in Section 01035 CONTRACT SUPPLEMENT AND MODIFICATION PROCEDURES
unless otherwise agreed to in writing by the Resident Project Representative.
4.3.3 Time Limits on Claims
Change "21 davs" to "10 days" in both locations in the Subparagraph.
4.3.4 Continuing Contract Performance
Change "Performance of the Contract and" to "Performance of the Contract in
accordance with the Architect's interpretation and."
4.3.6 Claims for Concealed or Unknown Conditions
change "21 davs to "10 days."
4.3.8 Claims for Additional Time
Delete Subparagraph 4.3.8.2 and substitute the following:
4 .3 .8.2 An extension of Contract time will not be given due to weather
conditions, unless such weather conditions for any thirty (30)-day period are on
the average for the thirty (30) days more severe than the average for the same
thirty (30)-day period for the previous ten (10) years and caused a delay. In
requesting an extension of time for weather conditions, Contractor shall present
complete records and averages referred to above, and such requests shall document
how the weather conditions delayed the progress of the Work.
Add new Subparagraphs 4.3.8.3, 4.3.8.4 and 4.3.8.5 to 4.3.8 as follows:
4.3.8.3 Should the Contractor contend that he is entitled to an extension of
time for completion of any portion or portions of the Work, he shall, within 72
hours of the occurrence of the cause of the delay, notify the Resident Project
Representative in writing, of his contention: setting forth (a) the cause for
the delay, (b) a description of the portion or portions of Work affected thereby,
and (c) all details pertinent thereto. A subsequent written application for the
specific number of days of extension of time requested shall be made by the
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Contractor to the Resident Project Representative with 72 hours after the delay
has ceased to exist.
4.3.8.4 It is a condition precedent to the consideration or prosecution of any
claim for an extension of time that the foregoing provisions be strictly adhered
to in each instance and, if the Contractor fails to comply, he shall be deemed
to have waived the claim.
4 .3 .8.5 The Contractor agrees that whether or not any delay, regardless of
cause, shall be the basis for an extension of time he shall have no claim against
the Owner or Resident Project Representative for an increase in the Contract
price, nor a claim against the Owner or Resident Project Representative for a
payment or allowance of any kind of damage, loss or expense resulting from
delays; nor shall the Contractor have any claim for damage, loss or expense
resulting from interruptions to, or suspension of, his Work to enable other
contractors to perform their Work. The only remedy available to the Contractor
shall be an extension of time.
Delete Paragraph 4.5, Arbitration, in its entirety.
ARTICLE 6; CONSTRUCTION BY OWNER OR SEPARATE CONTRACTORS
6.2 Mutual Responsibility
At end of sentence, delete the period and add the following sentence:
"Excluding the Owner, Architect and Resident Project Representative."
6.3 Owner's Right to Clean Up
Change "The Owner mav clean" to "The Owner may, after 24 hours notice, clean."
ARTICLE 7; CHANGES IN THE WORK
7.1 Changes
Add new Subparagraph 7.1.5 as follows:
7.1.5 The Contractor shall notify their surety of all changes in the Work within
10 days of notification to the Contractor.
ARTICLE 8; TIME
8.3 Delays and Extensions of Time
Delete Subparagraph 8.3.3 in its entirety and substitute the following:
It shall be recognized by the Contractor that he may reasonably anticipate that
as the job progresses, the Contractor will be making changes in, and updating
Construction Schedules. No claim for an increase in the Contract Sum for either
acceleration or delay will be allowed for extensions of time pursuant to this
Paragraph 8.3 or for other changes in the Construction Schedules which are of the
type ordinarily experienced in projects of similar size and complexity.
ARTICLE 9; PAYMENTS AND COMPLETION
9.3 Applications for Payment
9.3.1 Add the following sentence to Subparagraph 9.3.1:
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The form of Application for Payment shall be a notarized AlA
Document G702, Application and Certification for Payment, supported
by AlA Document G703, Continuation Sheet or equivalent.
9.8 Substantial Completion
9.8.3 Add the following sentence:
The payment shall be sufficient to increase the total payments to 95 percent of
the Contract Sum, less double such amounts as the Architect shall determine for
incomplete Work and unsettled claims.
Add the following Paragraph 9.11 to Article 9:
9.11 Liquidated Damages
9.11.1 Upon failure of the Contractor to substantially complete said Contract
within the calendar days (plus allowable extensions) after the specified date in
the "Notice to Proceed," the Contractor and/or the Contractor's surety shall pay
the Owner the sum of $1,000.00 per day beyond said calendar days (plus allowable
extensions) that is required by the Contractor to substantially complete the
Contract, not as a penalty or a forfeiture, but as liquidated damages to the
Owner because of such default by the Contractor, which damages are hereby fixed
and agreed upon between the parties recognizing the impossibility of precisely
ascertaining the amount of damages that will be sustained by the Owner in
consequence of such default and both parties desiring to obviate any question of
dispute concerning the amount of said damages and the cost and effect of such
failure of the Contractor to substantially complete said Contract within the
calendar days allowed.
ArChitect-Engineer's Compensation for Services Beyond Approved Project Completion
Date:
The Contractor shall be responsible for reimbursing the Owner, in addition to
liquidated damages, for all costs incurred by the ArChitect-Engineer in
administering the construction of the project beyond the substantial completion
date specified in the agreement or beyond an approved extension of time granted
to the Contractor, whichever is later. Such costs shall be deducted from the
monies due the Contractor for performance of work under this Contract.
ARTICLE 10; PROTECTION OF PERSONS AND PROPERTY
10.2 Safety of Persons and Property
10.2.4.1 Use or storage of explosives or other hazardous materials or equipment
or unusual methods are prohibited.
ARTICLE 11; INSURANCE AND BONDS
11.1 Contractor's Liability Insurance
Delete paragraph in its entirety and substitute the Section 11.1.1 which consists
of sheets GIR 1, GIR 2, WC3, GL3, GLXCU, VL3, and BR all included at the end of
this Section 00800.
11.3 Property Insurance
11.3.1.1 Add the following sentence to Clause 11.3.1.1:
The form of policy for this coverage shall be Completed Value.
Delete Subparagraph 11.3.1.2 in its entirety and substitute the following:
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11.3.1.2 The Owner does not intend to purchase such property insurance as
described above and this Subparagraph hereby serves as notification to the
Contractor to effect insurance which will protect the interests of the
Contractor, Subcontractors and Subcontractors in the Work at no addition to the
Contract amount.
Delete Clause 11.3.1.4 and substitute the following:
11.3.1.4 Notwithstanding the provisions of the General Conditions, Owner shall
not be required and shall not be liable to maintain insurance for:
(a) Any material or equipment or other personal property the risk
of loss of which has not passed to Owner.
(b) In the case of portions of the Work which are stored off site,
to the extent that the terms of the storage agreement approved
by Owner require the bailee to insure the Work, or such
insurance is actually in force and available to pay for the
same. In no event will Owner's liability for Work stored off
site exceed the value of labor and materials actually
incorporated into the Work.
(c) Owner shall not be liable for the cost of materials stored off
site unless Owner has been afforded an opportunity to inspect
the materials and determine their conformity to the Contract
prior to or contemporaneously with the request of any
Subcontractor or Contractor for permission to store the same
off site.
11.4 Performance Bond and Payment Bond
Delete Subparagraph 11.4.1 and substitute the following:
11.4.1 The Contractor shall furnish bonds in accordance with Section 00350 -
INSTRUCTIONS TO BIDDERS covering fai thful performance of the Contract and payment
of obligations arising thereunder. Bonds may be obtained through the
Contractor's usual source and the cost thereof shall be included in the Contract
Sum. The amount of each bond shall be equal to 100 percent of the Contract Sum.
11.4.1.2 The Performance Bond shall continue in effect for one (1) year after
completion and acceptance of the Work with liability equal to 100 percent of the
Contract price, or an additional bond shall be conditioned that the Contractor
will, upon notification by the Owner, correct any defective or faulty Work or
materials which appear within one (1) year after completion of the Contract.
ARTICLE 12; UNCOVERING AND CORRECTION OF WORK
12.1 Uncovering of Work
Add the following sentence to subparagraph 12.1.1:
The Contractor shall also be required at his own expense to uncover work which
is covered contrary to requirements of law or any insurance body which is
responsible for inspection of any portion of the work.
ARTICLE 13; MISCELLANEOUS PROVISIONS
13.1 Governing Law
Delete Subparagraph 13.1.1 and substitute the following:
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The Contract shall be governed by the laws of the State of Florida. Venue for
any claims or disputes arising under this Contract shall be in the Circuit Court
of the 16th Judicial Circuit of the State of Florida.
Delete Paragraph 13.7, Commencement of Statutory Limitation Period, in its
entirety.
Add Paragraph 13.8 as follows:
13.8 Davis Bacon Requirements - 29 CFR Part 5 (Version 2, 4/23/90)
This section shall apply to all Contracts in excess of $2,000:
(1) Minimum Wages.
(i) 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 the Secretary of Labor under the Copeland Act (29 CFR Part 3)),
the full amount of wages and bona fide fringe benefits (or cash equivalent
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 l(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
Paragraph (1) (iv) of this section; also, regular contributions made or costs
incurred for more than a weekly period (but not less often than quarterly) under
plans, funds, or 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 29 CFR Part 5.5 (a) (4) . 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 (1) (ii)
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.
(ii) (A) The contracting officer shall require that any class of laborers or
mechanics which is not listed in the wage determination and which is to be
employed under the Contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional
classification and wage rate and fringe benefits therefore only when the
following criteria have been met:
(1) The work to be performed by the classification requested is not performed
by a classification in the wage determinations; and
(2) The classification is utilized in the area by the construction industry;
and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
(B) 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
SUPPLEMENTARY CONDITIONS
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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, DC
20210. The Administrator, or an authorized representative, will approve, modify,
or disapprove every additional classification action within 30 days of receipt
and so advise the contracting officer or will notify the contracting officer
within the 30-day period that additional time is necessary. (Approved by the
Office of Management and Budget under OMB Control Number 1215-0140.)
(C) 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 the 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 30 days of receipt and so advise the contracting officer
or will notify the contracting officer within the 30-day period that additional
time is necessary. (Approved by the Office of Management and Budget under OMB
Control Number 1215-0140.)
(D) The wage rate (including fringe benefits where appropriate) determined
pursuant to Subparagraphs (1) (B) or (C) 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.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an
hourly rate, the Contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
(i v) 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.)
(2) Withholding. The Federal Aviation Administration or the Sponsor 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 Federal Aviation Administration
may, after written notice to the Contractor, sponsor, applicant or Owner, take
such action as may be necessary to cause the suspension of any further payment,
advance or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the
Contractor during the course of the work and preserved for a period of 3 years
SUPPLEMENTARY CONDITIONS
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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 1 (b) (2) (B) of the Davis-Bacon Act) ,
daily and weekly number of hours worked, deductions made and actual wagers paid.
Whenever the Secretary of Labor has found under 29 CFR 5.5(a) (1) (iv) that the
wages of any laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in section
l(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 OMS Control Numbers 1215-
0140 and 1215-0017.)
(ii) (A) 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 Federal Aviation
Administration. The payrolls submitted shall set out accurately and completely
all of the information required to be maintained under Paragraph 5.5(a) (3) (i)
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, DC 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 OMS Control Number 1215-0149.)
(B) 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:
(1) That the payroll for the payroll period contains the information required
to be maintained under Paragraph (3) (i) above and that such information is
correct and complete;
(2) That each laborer and mechanic (including each helper, apprentice and
trainee) employed on the Contract during the payroll period has been paid the
full weekly wages earned, without rebate, either directly or indirectly, and that
no deductions have been made either directly or indirectly from the full wages
earned, other than permissible deductions as set forth in Regulations 29 CFR Part
3 ;
(3) That each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the classification of work
performed, as specified in the applicable wage determination incorporated into
this Contract.
(C) 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 (3) (ii) (B) of this
section.
(D) 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.
SUPPLEMENTARY CONDITIONS
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(ii) The Contractor or Subcontractor shall make the records required under
Paragraph (3) (i) of this section available for inspection, copying or
transcription by authorized representatives of the sponsor, the Federal Aviation
Administration 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.
(4) Apprentices and Trainees.
(i) 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 90 days of
probationary employment as an apprentice in such an 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.
(ii) 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
recei ved prior approval, evidenced by formal certification by the U. S. Department
of Labor, Employment and Training Administration. The ratio of trainees to
journeymen on the job site shall not be greater than 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 journeymen hourly
rate specified in the applicable wage determination. Trainees shall be paid
SUPPLEMENTARY CONDITIONS
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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 on 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 who is not
registered and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable wage rate on
the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the applicable
wage rate on the wage determination for the work actually performed. In the
event the Employment and Training Administration withdraws approval of a training
program, the Contractor will no longer be permitted to utilize trainees at less
than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part
30.
(5) Compliance with Copeland Act Requirements. The Contractor shall comply
with the requirements of 29 CFR Part 3, which are incorporated by reference in
this Contract.
(6) Subcontracts. The Contractor or Subcontractor shall insert in any
Subcontracts the clauses contained in 29 CFR Part 5.5 (a) (l) through (10) and such
other clauses as the Federal Aviation Administration may by appropriate
instructions require, and also a clause requiring the Subcontractors to include
these clauses in any lower tier Subcontracts. The prime Contractor shall be
responsible for the compliance by any Subcontractor or lower tier Subcontractor
with all the Contract clauses in 29 CFR Part 5.5.
(7) Contract Termination: Debarment. A breach of the Contract clauses in
Paragraphs (l) through (10) of this section and Paragraphs (l) through (5) of the
next section below may be grounds for termination of the Contractor, and for the
debarment as a Contractor and a Subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act Requirements. All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1,
3 and 5 are herein incorporated by reference in this Contract.
(9) Disputes Concerning Labor Standards. Disputes arising out of the labor
standards provisions of this Contract shall not be subject to the general
disputes clause of this Contract. Such disputes shall be resolved in accordance
with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and
7. Disputes within the meaning of this clause include disputes between the
Contractor (or any of its Subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their representatives.
(10) Certification of Eligibility.
(i) 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) .
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(ii) 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).
(iii) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001.
Add paragraph 13.9 as follows:
13.9 Contract Workhours and Safety Standards Act Requirements - 29 CFR Part 5
(Version 1, 1/5/90)
For Contracts in excess of $2,000, the Contractor hereby agrees to the following:
(1) Overtime Requirements. No Contractor or Subcontractor contracting for any
part of the Contract work which may require or involve the employment of laborers
or mechanics shall require or permit any such laborer or mechanic, including
watchmen and guards, in any workweek in which he or she is employed on such work
to work in excess of 40 hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the basic
rate of pay for all hours worked in excess of 40 hours in such workweek.
(2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event
of any violation of the clause set forth in Paragraph 1 above, the Contractor or
any Subcontractor responsible therefor 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 1 above, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek
of 40 hours without payment of the overtime wages required by the clause set
forth in Paragraph 1 above.
(3) Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation
Administration or the sponsor 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 2 above.
(4) Subcontracts. The Contractor or Subcontractor shall insert in any
Subcontracts the clauses set forth in Paragraphs 1 through 4 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 1 through 4.
(5) Working Conditions. No Contractor or Subcontractor may require any laborer
or 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.
(6) Contracts in excess of $2,000, the following is to be included in all
Contracts for work on airport development projects involving labor:
SUPPLEMENTARY CONDITIONS
00800-17
ADDENDUM NO. 1
5910861-000
Veteran's 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.
Add Paragraph 13.10 as follows:
13.10 Notice to be Posted per Paragraphs (1) and (3) of the EEO Clause 41 CFR
Part 60-1.4(b) (Version 1, 1/5/90):
Equal Bq)loyment Opportunity is the Law - Discrimination is Prohibited by the
Civil Rights Act of 1964 and by Executive Order No. 11246.
Title VII of the Civil Rights Act of 1964 - Administered by:
The Equal Employment Opportunity Coamission
Prohibits discrimination because of race, color, religion, sex or national origin
by employers with SO or more employees, by labor organizations with a hiring hall
of SO or more members, by employment agencies, and by joint labor-management
committees for apprenticeship or training_
Any person who believes he or she has been discriminated against should contact:
The Office of Federal Contract Compliance Programs
U.S. Department of Labor
Washington, DC 20210
ARTICLE 14; TERMINATION OR SUSPENSION OF THE CONTRACT
Add the following Paragraph 14.4 to Article 14:
14.4 Termination by the Owner for Convenience
14.4.1 The Owner may, at any time, terminate the Contractor for the Owner's
convenience and without cause.
14.4.2 Upon receipt of written notice from the Owner of such termination for the
Owner's convenience, the Contractor shall:
.1 Cease operations as directed by the Owner in the notice;
.2 Take actions necessary, or that the Owner may direct, for the
protection and preservation of the Work and protection of the public
or any persons upon the premises or Work site; and
.3 Except for Work directed to be performed prior to the effective date
of termination stated in the notice, terminate all existing
Subcontracts and purchase orders and enter into no further
Subcontracts and purchase orders.
14.4.3 In case of such termination for the Owner's convenience, the Contractor
shall be entitled to receive payment from the Owner on the same basis provided
in Subparagraph 14.1.2.
END OF SECTION 00800
SUPPLEMENTARY CONDITIONS
00800-18
ADDENDUM NO. 1
5910861-000
MARATHOB AIRPORT
NEW PASSImGER TERMINAL BUILDING
MJI!IROE CUuJlU'X, FLORIDA
SECTION 00910 - BUY AMERICAN
REQUIREMENT
PART 1 - GENERAL
1 . 1 SUMMARY
The following pages provide additional information and lists of excepted
articles, material and supplies for the Buy American provisions as indicated to
be available on Supplemental Bid Form 00400-1.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
BUY AMERICAN REQUIREMENT
00910-1
ADDENDUM NO. 1
BUY AMERICAN REQUIREMENT
Under section 9129 of the Aviation Safety and Capac~ty Expansion
Ace of 1990, tne Secretary of Transportation shall noe obligate
after the date of enactment (November 5,1990), any funds for any
project unless usteel and manufactured products" (hereafter
materials) used in such projects are produced in the United
States. Although this appears to be a blan~et re~uirement, the
Act further provides the following four exceptions:
(1) The Secretary determines that application of the Buy
American re~uirement would not be in the public interest;
(2) The Secretary finds that such materials are not
produced in the United States in sufficient and reasonably
available quantities and of a satisfactory quality;
(3) In the case of tbe procurement of facilities and
equipment under the Airport and Airway Improvement Act of
1982, as amended, that (A) the cost of components and
subcomponents which are produced in the United States is
more than 60% of the cost of all components of the facility
or equipment, and (B) final assembly of the facility or
equipment has ta~en place in the United States; or
(4) The inclusion of domestic materials will increase the
cost of the overall project contract by more tban 25%.
Determinations under exceptions 1 and 2 normally would be made
prior to.formulating a solicitation. Exception 3 is more of a
definition of domestic product that is contained in the attach-
ments. Exception 4 can only be determined after bid opening.
There is no restriction against a company offering foreign pro-
duced items in ~ts bid (although the bid should ident~fy those
~tems). A sponsor, however, may not award to that company unless
it is pursuant to one of the exceptions listed above.
Sponsors should be notified as soon as possible to ~nclude pro-
visions of the Buy American requirement in sol~citations that
have not been awarded and that are associated with grants awarded
afte~November 5. Regions/ADO's should also ma~e all reasonable
attempts to bave sponsors modify all solicitations issued, and
contracts executed, pursuant to grant agreements awarded after
November 5. For the time being, all new grant agreements for
airport development or noise compatibility projects (not
planning) must contain the new special cond~tion attached as
Appendix A. In the future, we intend to reissue the special
condition as a grant assurance. Under section 5l1(f) of the
AAIA, this office will be publishing a notice of proposed
assurance to the same effect in the Federal Register and see~ing
comment.
BUY AMERICAN REQUIREMENT
00910-2
ADDENDUM NO. 1
Attached as Append~x Bare tnree solic~tat~on clauses t~at must
be used by a sponsor in solicitations issued pursuant to a grant
agreemen~. The first clause, "Buy Amer~can Cert~ficate," snould
be used in all solicitat~ons. Tne clause, "Buy Amer~can - Steel
and Manufac~ured Products," should be ~n solicitations wnere the
sponsor will be accepting direct del~very from suppliers and
manufacturers. The clause, nBuy American - Steel and
Manufactured Products for Construction Contracts," snould be ~n
solicitations with construction firms that will supply these
items as part of the~r construction.
Attached as Appendix C are contract clauses that should be in all
contract& subject to this Buy American provision, except for
those that are covered by one of the exceptions listed above. If
one of tbe exceptions listed above allows award for foreign
produced items, no clause is required in the resulting contract.
Appendix D contains a list of those items that the Federal
Government has already determined are not domestically produced
in sufficient and reasonably available quantities and of satis-
factory quality (exemption 2 above). Many of the items listed
would not be considered as manufactured goods subject to the Buy
American requirement or will never be used by sponsors in a
project. The entire list is reproduced to assure that there are
no unintentional exclusions.
If a sponsor requests the application of one of the exceptions to
the requIrement, it must do so in writing and provide complete
rationale for its request. The approval/disapproval issued by
the Region/ADO or by Washington Headquarters must also be in
writing and contain ~ne basis for the decision. Sponsor.requests
and approval/disapproval letters shall be made available to the
publ~c upon request. In the review of contracts for approval,
FAA project managers/airport engineers must ta~e into account the
Buy American provisions. Acceptance of a contract under excep-
tions 1 and 2 above must be coord~nated with this office. All
other exceptions may be granted at tbe Reg~on/ADO level without
coor~ination witb this office.
BUY N~ERICAN REQUIREMENT
00910-3
ADDENDU~ NO. 1
APPENDIX A
SPECIAL CONDITION TO BE INCLUDED IN NEW GRANTS
Buy American Requirement. Unless otherwise approved by the
FAA, it will not acquire or permit any contractor or
suocontractor to acquire any steel or manufactured products
produced outside the United States to be used for any project
for airport development or noise compatibility for which funds
are provided under this grant. The sponsor will include in
every contract a provision implementing this special condition.
BUY &~ERICAN REQUIREMENT
00910-4
ADDENDUM NO. 1
APPENDIX B
BUY AMERICAN CERTIFICATE (JAN 1991)
By submitting a bid/proposal under this solicitation, except
for those items listed by the offeror below or on a separate
and clearly identified attachment to this bid/proposal, the
offeror certifies that steel and each manufactured product, is
produced in the United States (as defined in the clause Buy
American - Steel and Manufactqred Products or Buy American -
Steel and Manufactured Products For Construction contracts) and
that components of unknown origin are considered to have been
produce~ or manufactured outside the United States.
Offerors may obtain from (insert Sponsor Representative) lists
of articles, materials, and supplies excepted from this
provision.
PRODUCT
COCNTRY OF ORIGIN
I TO BE INCLUDED IN SOLICITATIONS
BUY AMERICAN REQUIREMENT
00910-5
ADDENDUM NO. 1
APPE~D!X S
NOTICE TO EIDDERS
BUY AMERICAN - STEEL AND M&~FACTURED PRODuCTS
(=~~ 1991)
(a) The
provides
produc~s
pursuant
Program.
Aviation safety and Capacity Expansion Act of 1990
~hat preference be given to steel and manufactured
produced in the United States when funds are expended
to a grant issued under the Airport I~provement
The following te~s apply:
1. Steel and manufactured oroducts. As used in this
clause, steel and manufactured products include (1) steel
produced in the United States or (2) a manufactured product
prod~ced 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 sa~e class or kind as the products
referred to in subparagraphs (b) (1) or (2) shall be treated
as domestic.
2. Comconents. As used in this clause, components means
those articles, materials, and suoolies incoroorated
direc~ly into steel and manufactu=ed products:
J. Cost of Comoonents. This means the costs for production
of the components, exclusive of final assembly labor costs.
(b) The successful bidder will be required to deliver only
domestic steel and manufactured products, except those-
(1) that the U.S. Depart~ent of Transportation has
dete~ined, 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. Depart~ent of Transportation has
determined, under the Aviation Safety and capacity Expansion
~ct of 1990, that domestic oreference would be inconsistent
with the public interest; or
(3) that inclusion of domestic material will increase
cost of the overall project contract by more than 25
percent.
~.
~ne
(E~d of Clause)
I TO EE INCLUDED IN SOLICITATIONS
BUY AMERICAN REQUIREMENT
00910-6
ADDENDUM NO. 1
APPENDIX B
NOTICE TO BIDDERS
BUY AMERICAN - STEEL AND MANUFACTURED
PRODUCTS FOR CONSTRUCTION CONTRACTS (JAN 1991)
(a) The
provides
produc~s
pursuan~
Program.
Aviation Safety and Capacity Expansion Act of 1990
that preference be given to steel and manufactured
produced in the United States when funds are expended
to a grant issued under the Airport Improvement
The following terms apply:
1. Steel and manufactured oroducts. As used in this
clause, steel and manufactured products include (1) steel
produced in the United States or (2) a manufactured product
pro~uced 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 palce 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. Comconents. As used in this clause, components means
those ar~icles, materials, and supplies incorporated
directly into steel and manufac~ured products.
3. Cost of Comconents. This means the costs for production
of the components, exclusive of final asse~ly 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 2S
percent.
(End of Clause)
I TO BE INCLUDED IN SOLICITATIONS
BUY AMERICAN REQUIREMENT
00910-7
ADDENDUM NO. 1
APPENDIX C
BUY &~RICAN - STEEL AND MANUFACTURED PRODUCTS
(JAN 1991)
(a) The Contractor shall deliver only domestic steel and
manufactured products under this contract as defined in paragraph
(b) below.
(b) The following terms apply to this clause:
1. Steel and manufactured oroducts. As used in this
clause, steel and manufactured products include (1) those
proquced 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. Cornconents. As used in this clause, components
means those articles, materials, and supplies
incorporated directly into steel and manufactured
products.
3. Cost of Comoonents. This means the costs for production
of the components, exclusive of final assembly labor costs.
(End of Clause)
TO BE INCLUDED IN CONTRACTS
BUY AMERICAN REQUIREMENT
00910-8
ADDENDUM NO. 1
APPENDIX C
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 oroducts. 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. Comoonents. As used in this clause, components
means those articles, materials, and supplies
incorporated directly into steel and manufactured
products.
3. Cost of Comoonents. This means the costs for production
of the components, exclusive 'of final assembly labor costs.
(End of Clause)
TO BE INCLUDED IN CONTRACTS I
BUY AMERICAN REQUIREHENT
00910-9
ADDENDUM NO. 1
APPENDIX D
List of supplies/Materials that the u.s. Government Has
Dete~ined Are Not Produced In the United States In Sufficient
and Reasonably Available Quantities And of Sufficient Quality
(.ran 1991)
Acetylene, black.
Agar, bulk.
Anise.
Antimony, as metal or oxide.
Asbestos, amosite, chrys-
olit~, and crocidolite.
Bananas.
Bauxite.
Beef, ~orned, canned.
Beef extract.
Bepheniu~ Hydroxynapthoate.
Bismuth.
Books, t=ade, text,
technical, or scientific;
neW5?aperS; pamphlets:
magazines: pe=iodicals:
printed briefs and films;
not printed in the United,
States and for which
domestics editions are not
available.
Brazil nuts, ~~roasted.
Cadmium, ores and flue dust.
Calci~m cyanamide.
Capers.
Cashe'N' nuts.
Castor beans and castor oil.
Chalk, English.
Chestnuts.
Chicle.
Chrome ore or chromite.
Cinchona bark.
Cobalt, in cathodes,
rondelles, or other primary
~e and metal forms.
Cocoa beans.
Coconut and coconut meat,
unsweetened, in shredded,
desiccated or similarly
prepared form.
Coffee, raw or green bean.
Colchicine alkaloid, raw.
Copra.
Cork, wood or bark and waste.
Cover glass, ~icroscope
slide.
cryolite, natural.
Dammar gum.
Diamonds, industrial, stones
and abrasives.
Emetine, bulk.
Ergot, crude.
Erthrityl tetranitrate.
Fair linen, altar.
Fibers of the following
types: abaca, abace, agave,
coir, flax, jute, jute
burlaps, palmyra and sisal.
Goat and kidskins.
Graphite, natural, crystal-
line, crucible grade.
Handsewing needles.
Hemp yarn.
Hog bristles for brushes.
Hyoscine, bulk.
Ipecac, root.
Iodine, crude.
Kaurigum.
Lac.
Leather, sheepskin, hair
type.
Lavender oil.
Manganese.
Menthol, natural bulk.
Mica.
Microprocessor chips (brought
onto a construction site as
separate units for incor-
poration into building
systems during construction
or repair and alteration of
real property.)
Nickel, primary, in ingots,
pigs, shots, cathodes, or
similar forms: niCkel oxide
and nickel salts.
Nitroquanidine (also know~ as
picrite) .
Nux vomica, crude.
oiticica oil.
Olive oil.
BUY AMERICAN REQUIREMENT
00910-10
ADDENDUM NO. 1
APPENDIX D
List of supplies/Materials .that the u.s. Government Has
Oeter:ined Are Not Produced In the United States In Sufficient
and Reasonably Available Quantities And of Sufficient Quality
(Jan 1991) (CONTINUED)
Olives (green), pitted or
unpitted, or stuffed, in
bulk.
Opium, crude.
oranges, mandarin, canned.
Petroleum, crude oil, un-
finished oils, and finished
products (see definitions
below)
pine needle oil.
Platinum and related group
metals, refined, as sponqe,
powder, ingots, or cast
bars.
pyrethrum flowers.
Quartz crystals.
Quebracho.
Quinidine.
Quinine.
Rabbit fur felt.
Radium salts, source and
special nuclear materials.
Rosettes.
Rubber, c=_=e and latex.
Rutile".
Santonin, crude.
Secretin.
Shellac.
Silk, raw and unmanufactured.
Spare and replacement parts
for equipment of foreiqn
manufacture, and for which
domestic parts are not
available.
sp~ces and herbs, in bulk.
Sugars, raw.
Swords_aDd.scabbards.
Talc/...block, steatite.
TantalUDl~'. .
Tapicica~lour;.-and cassava.
Tartar;: crude: tartaric acid'
and cream-of tartar in.bulk.
Tea in bulk~
Thread,..metallic (gold).
Thyme oil.
Tin in bars, blocks, and
pigs.
Triprolidine hydrochloride.
Tungsten.
Vanilla beans.
Venom, cobra.
Wax, canauba.
Woods: logs, veneer, and
lumber of the following
species: Alaskan yellow
cedar, anqelique, balsa,
ekki, qreenhart, liqnum
vitae, mahogany, and teak.
Yarn, 50 Denier rayon.
BUY AMERICAN REQUIREMENT
00910-11
ADDENDUM NO. 1
APPENDIX 0
List ot supplies/Materials that the u.s. Government Has
Determined Are Not Produced In the United States In Sufficient
and Reasonably Available Quantities And of Sufficient Quality
(3an 1991) (CONTINUED)
Petroleum terms are used as follows:
"Crude oil" means crude petroleum, as it is produced at the
wellhead, and liquids (under atmospheric conditions) that
have been recovered from mixtures of hydrocarbons that
existed in a vaporous phase in a reservoir and that are not
natural gas products.
"Finished products" means anyone or more of the following
petroleum oils,' or a mixture or combination of these oils,
to be used without further processing except blending by
mechanical means:
(A) "Asphalt" - a solid or semi-solid cementitious
material that (1) gradually liquefies when heated, (2)
has bitumins as its predominating constituents, and (3)
is obtained in refining crude oil.
(8) "Fuel oil" - a liquid or liquefiable petroleum
product burned for lighting or for the generation of
heat or power and derived directly or indirectly from
crude oil, such as kerosene, range oil, distillate fuel
oils, gas oil, diesel fuel, toooed crude oil, or
residues. < ~~
(C) "Gasoline" - a refined petroleum distillate that,
by its consumption, is suitable for use as a carburant
in internal combustion engines.
(D) "3et fuel" - a refined petroleum distillate used
to fuel jet propulsion engines.
(E) "Liquefied gases" - hydrocarbon gases recovered
from natural gas or produced from petroleum refining
and kept under pressure to maintain a liquid state at
ambient temperatures.
(F) "Lubricating oil" - a refined petroleum distillate
or specially treated petroleum residue used to lessen
friction between surfaces.
(G) "Naphtha" - a refined petroleum distillate falling
within a distillation range overlapping the higher
gasoline and the lower kerosenes.
BUY AMERICAN REQUIREMENT
00910-12
ADDENDUH NO. 1
APPENDIX D
List of supplies/Materials ~~at the u.s. Government Has
Determined Are Not Produced In the United States In Sufficient
and Reasonably Available Quantities And of Sufficient Quality
(Jan 1991) (CONTINUED)
(H) "Natural gas products" - liquids (under
atmospheric conditions) including natural gasoline,
tha t -
(1) are recovered by a process of absorption
adsorption, compression, refriqeration, cycling,
or a combination of these processes, from mixtures
of hydrocarbons that existed in a vaporous phase
in a reservoir, and
(2) when recovered and without processing in a
refinery, definitions of products contained in
subdivision (B), (C), and (G) above.
(I) "Residual fuel oil" - a topped crude oil or
viscous residuum that, as obtained in refininq or after
blending with other fuel oil, meets or is the
equivalent of MILSPEC Mil-F-8S9 for Navy Special Fuel
Oil and any more viscous fuel oil, such as No. 5 or
Bunker C.
"Unfinished oils" means one or more of the petroleum oils'
listed under "Finished products" above, or a mixture or
combination of these oils, that are to be further processed
other than by blendinq by ~e~hanical means.
LN~ O~ SECTION 00910
BUY MIERICAN REQUIREMENT
00910-13 '
ADDENDUfI1 NO. 1
Clarification
Supplementallnstl\lctlon
BIHL
AfCn.tfIClura/. EngiM8nng, Planmng lI/IcJ EnvronmenlaJ ServICes
To:
c-
Project:
Date:
AEP File No.:
Reference:
Contract Drawing:
Shop Drawing:
Specificalion:
Olher:
Subject:
Descriplion: (Not. that work described herein I. to be performed at no change to the Contract Time or Amount.)
By:
(A-E Representalive)
Request For Information
Supplemental Instruction
To:
RFI-
From:
Date:
Project:
AEP File No.:
Date Info. Required:
Category:
Reference:
Information Not Shown On Contract Documents
Contract Drawings Ref:
Interpretation of Contract Requirements
Shop Drawings Ref:
Conflict of Contract Requirements
Specification Ref:
Coordination Problem
Other:
Subject:
Description:
By:
Reply:
Answered By:
Signature
Date
IIIHI.
ArcM6Clufill. Eng.-.ng. ~ 8IId Enuronmenllll SaNIC..
Contractor Corrective Action
To:
CCA-
From:
Date:
Project:
AEP File No,:
Date Info. Required:
Reference:
Contract Drawings Ref:
Shop Drawings Ref:
Specification Ref:
Other:
Subject:
Description:
By:
Action:
Answered By:
BfHI.
Signature
Date
Arcn"ec(uraf, EnQIf18f1nng, ~nnmg anO tnVlfonmenlal ServICes
Request for Proposal
lIS<<
Arc/llrectural, Eng.neenng, Plannmg and EnVIronmental ServICes
File No.
Sheet
of
RFP No.
Mod. by
Project
Contractor
Date
Ref. Documents
Date of Approval
Approved by
Applies to C.O, No,
NOTE: Chang.. propoaec:l h.reundar are not to be Incorporated Into the contract work unlil .uch approval I. Indlcatad on thl. form by the Architect-
Englnaar, at which tlm. a Contract Changa Ordar or wrlUan Int.nlion to luue .uch Change Ordar will be flllad. Unl... otharwi.. noted. all applicable
provl.ion. of tha .peclflcation. and drawing. .hall apply to tha propoHd ravl.ion or ravi.ion..
Description of Modification:
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DATE FilE
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MARATHON AIRPORT
NEW TERMINAL BUILDING
PRE-BID MEETING
AUGUST 3, 1992
ATTENDEES
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PHONE NO.
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MARATHON AIRPORT
NEW TERMINAL BUILDING
PRE-BID MEETING
AUGUST 3, 1992
ATI"ENDEES
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MONROE COUNTY
MARATHON AIRPORT
MARATHON, FLORIDA
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
PASSENGER TERMINAL BUILDING
EMERGENCY GENERATOR/CHILLER BUILDING
FEDERAL AVIATION ADMINISTRATION
AlP PROJECT NO. 3-12-0044-09
FLORIDA DEPARTMENT OF TRANSPORTATION
WPI PROJECT NOS.
6826631,6826747
JULY 11, 1992
REYNOLDS, SMITH AND HILLS, INC.
NE PROJECT NO. 591-0861-000
01
MARATHOR AIRPORT
NEW PASSENGER TBRIIIRAL BUILDIRG
!E>RROB comrrY, FLORIDA
ARCHITECTURAL
Thomas A. McCrary, AlA
Florida Certification
No. AR 0006235
STRUCTURAL ENGINEERING
Daniel J. Clayton, PE
MECHANICAL ENGINEERING
John W. Wade, PE
ELECTRICAL ENGINEERING
James B. Gunter, PE
PROJECT MANUAL
PREPARED BY
SEAL
SEAL
SEAL
SEAL
SIGN AND SEAL
SS-l
By
Date
By
Date
By
Date
By
Date
5910861-000
SIGN .AJ!U) SEAL
CIVIL ENGINEERING
S. Rick Ferreira, PE
SEAL
SIGN AND SEAL
SS-2
By
Date
5910861-000
5910861-000
IlARATHOR AIRPORT
RBW PASSJn!IGBR TBRIII1QL BUILDING
HDBROB CuuIlrJ: J:, FLORIDA
COIlI"J:15IlI'TS OF PROJECT IIARtJAL
TITLE PAGE
SIGN AND SEAL
CONTENTS OF PROJECT MANUAL
BIDDING REOUIREMENTS. CONTRACT DOCUMENTS AND FORMS. CONDITIONS OF THE CONTRACT
00020 - Notice of Calling for Bids
00100 - Bid Form
00200 - Bid Sheet
00300 - Bid Schedule
00350 - Instructions to Bidders
00400 - Supplemental Bid Forms
00500 - Agreement Form
00510 - Project Forms
00600 - Geotechnical Data
00700 - General Conditions
00800 - Supplementary Conditions
00905 - Wage Rates
GENERAL PROVISIONS- -FAA STANDARDS
Section 10.
Section 20.
Section 30.
Section 40.
Section SO.
Section 60.
Section 70.
Section 80.
Section 90.
Definition of Terms
Proposal Requirements and Conditions
Award and Execution of Contract
Scope of Work
Control of Work
Control of Materials
Legal Relations and Responsibility to Public
Prosecution and Progress
Measurement and Payment
SPECIFICATIONS
DIVISION 1 - GENERAL REQUIREMENTS
01010 - Summary of Work
01020 - Allowance
01026 - Unit Prices
01027 - Applications for Payment
01030 - Alternates
01035 - Contract Supplement and Modification Procedures
01040 - Project Coordination
01045 - Cutting and Patching
01050 - Field Engineering
01095 - Reference Standards and Definitions
01200 - Project Meetings
01300 - Submittals
01400 - Quality Control Services
01450 - Threshold Building Inspection
01500 - Temporary Facilities
01631 - Product Substitutions
01700 - Project Closeout
01740 - Warranties and Bonds
CONTENTS OF PROJECT MANUAL - 1
5910861-000
DIVISION 2 - SITE WORK
02220 - Building Earthwork
02282 - Termite Control
02353 - pile Load Tests
02365 - Augercast Concrete Piles
02870 - Site Furnishings
02916 - Tree/Palm Pruning
02961 - Palm Transplanting
P-156 - Temporary Air and Water Pollution, Soil Erosion and Siltation
Control
P-701 - Pipe for Storm Drains and Culverts
P-751 - Manholes, Catch Basins, Inlets and Inspection Holes
DIVISION 3 - CONCRETE
03010 - Concrete Work
03455 - Glass Fiber Reinforced Precast Concrete
DIVISION 4 - MASONRY
04200 - Unit Masonry
DIVISION 5 - METALS
05120 - Structural Steel
05310 - Steel Deck
05500 - Metal Fabrications
05720 - Ornamental Handrails, Railings and Gates
DIVISION 6 - WOOD AND PLASTICS
06100 - Rough Carpentry
06402 - Interior Architectural Woodwork
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
07110 - Sheet Membrane Waterproofing
07160 - Dampproofing
07175 - Water Repellents
07210 - Insulation
07270 - Firestopping
07410 - Manufactured Roof Panels
07530 - Single-Ply Membrane Roofing
07600 - Flashing and Sheet Metal
07700 - Roof Specialties and Accessories
07901 - Joint Sealants
DIVISION 8 - DOORS AND WINDOWS
08111 - Standard Steel Doors and Frames
08211 - Flush Wood Doors
08305 - Access Doors
08330 - Overhead Coiling Doors
08340 - Overhead Coiling Grilles
08410 - Aluminum Entrances and Storefronts
08460 - Automatic Entrance Doors
08525 - Aluminum Architectural Windows
08710 - Door Hardware
08800 - Glass and Glazing
08999 - Door Schedule
CONTENTS OF PROJECT MANUAL - 2
DIVISION 9 - FINISHES
09200 - Lath and Plaster
09250 - Gypsum Drywall
09270 - Gypsum Board Shaft Wall Systems
09300 - Tile
09511 - Acoustical Panel Ceilings
09520 - Linear Metal Ceiling System
09650 - Resilient Flooring
09680 - Carpet
09800 - Special Coatings
09900 - Painting
09950 - Wall Coverings
09999 - Finish Schedule
DIVISION 10 - SPECIALTIES
10200 - Louvers and Vents
10350 - Flagpoles
10425 - Signs
10522 - Fire Extinguishers, Cabinets, and Accessories
10701 - Aluminum Shutters
10800 - Toilet and Bath Accessories
DIVISION 11 - EQUIPMENT
11458 - Folding Stairs
11459 - Aquarium
DIVISION 12 - FURNISHINGS
12600 - Furniture and Accessories
12690 - Floor Mats and Frames
DIVIST~N 13 - SPECIAL CONSTRUCTION
OT USED
DIVISION 14 - CONVEYING SYSTEMS
14240 - Hydraulic Elevators
14540 - Baggage Claim Conveyors
DIVISION 15 - MECHANICAL
15010 - Basic Mechanical Requirements
15050 - Basic Mechanical Materials and Methods
15055 - Basic Piping Materials and Methods
15100 - Valves
15135 - Meters and Gauges
15140 - Supports and Anchors
15190 - Mechanical Identification
15241 - Vibration Control
15250 - Mechanical Insulation
15300 - Automatic Sprinkler System
15404 - Plumbing Piping
15406 - Plumbing Specialties
15411 - Plumbing Hangers and Supports
15414 - Testing of Plumbing Piping
15417 - Plumbing Fixtures, Trim and Drains
15420 - Sanitary and Storm Drainage Piping
15423 - Domestic Cold Water Piping
CONTENTS OF PROJECT MANUAL - 3
5910861-000
5910861-000
15510 - Hydronic Piping
15540 - HVAC Pumps
15683 - Reciprocating Chillers
15830 - Terminal Units
15850 - Exhaust Fans
15854 - Central-Station Air Handling Units
15885 - Air Cleaning
15890 - Flexible Ductwork
15891 - Metal Ductwork
15910 - Ductwork Accessories
15912 - Air OUtlets and Inlets
15971 - Electric Control Systems
15973 - Pneumatic Control Systems
15985 - Sequence of Operation
15990 - Testing, Adjusting, and Balancing
DIVISION 16 - ELECTRICAL
16010 - Electrical Work, General
16110 - Raceways
16112 - Conduit, Rigid Steel
16113 - Conduit, Electric Metallic Tubing
16114 - Conduit, PVC
16115 - Conduit, Flexible Metallic
16121 - 600 V Cable
16131 - Boxes and Fittings
16141 - Wiring Devices
16427 - Front Accessible Switchboards
16441 - Safety Switches
16450 - Grounding
16470 - Panelboards
16480 - Individually Mounted Motor Controllers
16482 - Motors
16501 - Lamps
16503 - Lighting Control
16510 - Lighting Fixtures
16610 - Surge Suppressors
16620 - Emergency Generator System
16670 - Lightning Protection System
16721 - Fire Alarm System
16740 - Specialty Conduit Systems
16770 - Paging System
16950 - Circuit Breaker Testing
16971 - Instruction and Maintenance Manuals
END OF CONTENTS OF PROJECT MANUAL
CONTENTS OF PROJECT MANUAL - 4
5910861-000
MARATHON AIRPORT
NEW PASSERGBR TBRllIDL BUILDING
B>NROE COUNTY, FLORIDA
SECTION 00020 - NOTICE OF
CALLING FOR BIDS
NOTICE OF CALLING FOR BID&
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on August 18, 1992, at 10:00
a.m. at the office of the Director of Purchasing, a Committee consisting of the
Director of purchasing, the County Administrator, the County Attorney, and the
requesting Department Head or Division Director, or their designees, will open
sealed bids for the following:
CONSTRUCTION OF NEW PASSENGER TERMINAL BUILDING
AND ASSOCIATED EMERGENCY GENERATOR AND CHILLER BUILDING
FOR THE MARATHON AIRPORT, MONROE COUNTY, FLORIDA
AlP PROJECT NO. 3-12-0044-09/WPI 6826631/6826747
This project is one part of the total Marathon Airport Terminal Complex
improvement. A subsequent Contract for terminal site improvements will be
awarded based on federal funding availability. The successful bidder of the
terminal building Contract will be required to cooperate and coordinate with the
successful bidder of the site improvements Contract.
All bids must be received by the Office of the Director of Purchasing, 5100
College Road, Public Service Building, Cross Wing, Room 002, Key West, Monroe
County, Florida 33040, on or before 10:00 a.m. on August 18, 1992.
A pre-bid conference will be held on August 3, 1992 at 1:00 p.m. at the Flight
Department, 9850 Overseas Highway, Marathon, Florida 33050. All bidders are
strongly encouraged to attend this important conference.
All bids,
requesting
of County
otherwise.
including the recommendation of the County Administrator and the
Department Head or Division Director, will be referred to the Board
Commissioners of Monroe County, Florida, for final awarding or
The board will automatically reject the bid of any person or affiliate who
appears on the convicted vendor list prepared by the Department of General
Services, State of Florida, under Sec. 287.133(3) (d), Fla. Stat. (1989).
All bidders shall submit 2 signed originals and 2 copies of each bid in a sealed
envelope marked on the outside, II Sealed bid for New Passenger Terminal Building,
etc. - Marathon Airport. II
All bids must remain valid for a period of 120 days. Bid security payable to the
board in the amount of 5 percent of the bid in accordance with the information
for bidders is required.
Bidders may secure copies of the Contract Documents from the office of the
Architect-Engineer by contacting Ms. Mary Anri Johns of Reynolds, Smith and Hills,
Inc., 4651 Salisbury Road, Jacksonville, Florida, 32256, (904) 279-2451, on the
following basis:
1. Each copy of the project manual, plus one set of drawings, upon
payment of a nonrefundable deposit sum of $150.00 which represents
total reproduction costs. Make checks payable to MONROE COUNTY.
2. No partial sets will be issued.
NOTICE OF CALLING FOR BIDS
00020-1
5910861-000
Additional information may be obtained by contacting Mr. Thomas A. McCrary, AlA,
Reynolds, Smith & Hills, Inc., 4651 Salisbury Road, Jacksonville, Florida, 32256
(904) 279-2438.
The Board of County Commissioners of Monroe County, Florida reserves the right
to reject any or all bids, to waive informalities in any or all bids, and to
readvertise for bids.
The board also reserves the right to separately accept or reject any item or
items of a bid and to award and/or negotiate a contract in the best interest of
the county.
The board reserves the right to award the project in part or in whole based upon
the availability of federal funding.
This Contract is subject to Minimum Wage Rates as established by the Secretary
of the U.S. Department of Labor and Executive Order 11246 of 24 September 1965,
as amended, and to the Equal Employment Opportunity Clause.
In accordance with Title VI of the Civil Rights Act of 1964, all bidders are
hereby notified that they must affirmatively ensure that in any Contract entered
into pursuant to this Advertisement, Disadvantaged Business Enterprises (49CFR
Part 23) will be afforded full opportunity to submit bids, as Subcontractors or
as suppliers of materials or services, and will not be discriminated against on
the grounds of race, color or national origin in consideration for award. Monroe
County endorses the use of minority banks and will furnish a list of these banks
located in the State of Florida upon request.
The agreement will include a stipulation that the work be substantially completed
in a period of 365 calendar days following receipt of Notice to Proceed. The
agreement will also include a stipulation that liquidated damages will be
established in the agreed amount of $1,000.00 per calendar day for each calendar
day after the completion date that the work is not substantially completed and
a Certificate of Occupancy issued.
DATED at Key West, Florida, this 11th day of July, 1992.
R.M. Cofer
Director of Purchasing
Monroe County, Florida
END OF SECTION 00020
NOTICE OF CALLING FOR BIDS
00020-2
5910861-000
MARATHON AIRPORT
HEW PASSBRGBR TERMINAL BUILDIRG
M'JRROB COUNTY, FLORIDA
SBCTION 00100 - BID FORM
TO: Director of Purchasing
5100 College Road
Public Service Building
Cross Wing, Room 002, Monroe County
Key West, Florida 33040
1. The undersigned, as bidder, does hereby declare that having familiarized
himself with the local conditions affecting the cost of the work, Contract
Documents and other related construction documents by Reynolds, Smith and
Hills, Inc. and titled:
CONSTRUCTION OF NEW PASSENGER TBRMlNAL BUILDING
AND ASSOCIATED EMERGENCY GENERATOR AND CHILLBR BUILDING
FOR THB MARATHON AIRPORT, MONROE COUNTY, FLORIDA
AlP PROJECT NO. 3-12-0044-09/WPI 6826631/6826747
dated July 1992, together with an Addenda to such construction documents
as listed herein (Paragraph 11) hereby proposes to furnish all materials,
equipment, tools, incidentals and other means of construction and perform
all work required in strict accordance with the provisions of documents
noted above for the consideration of prices quoted herein.
2. The undersigned affirms that in making such bid, neither he nor any
company that he may represent, nor anyone in behalf of him or his company,
directly or indirectly, has entered into any combination, collusion,
undertaking or agreement with any other bidder or bidders to maintain the
prices of said work, or any compact to prevent any other bidder or bidders
from bidding on said Contract or work and further affirms that such bid is
made without regard or reference to any other bidder or proposal and
without any agreement or understanding or combination either directly or
indirectly with any other person or persons with reference to such bidding
in any way or manner whatsoever.
3. The undersigned, when notified of the acceptance of this bid, does hereby
agree to enter into a construction Contract with the Owner, within 15 days
from the date on the notice of acceptance, for the execution of the work
described in the period of time, and he shall give Public Construction
Bond in accordance with Florida Statute 255.05 with good and sufficient
surety and Certification of Insurance. The Form of Agreement which the
successful bidder, as Contractor, will be required to execute is included
in the project manual.
4 . The undersigned further agrees that if awarded the Contract he will
commence the work within 10 calendar days after the date of the Notice to
Proceed and that he will complete the work in accordance with the
schedules and time frame set forth in these specifications or such amended
time as may be granted. If the undersigned fails to complete any phase of
the work within the given time frame and if he fails to complete all of
the work on or before the expiration of the allowed calendar days, then
and in that event, he further expressly agrees that, for each day that any
phase of the work under this Contract remains uncompleted thereafter the
Owner may deduct from the Contract price herein specified the stipulated
sum of liquidated damages and retain for failure of the undersigned to
complete this Contract on or before the expiration of the scheduled
critical time frames.
BID FORM
00100-1
5910861-000
The undersigned agrees that the Owner's damages caused by delay are
capable of being established but would be difficult to measure accurately
and that the sums herein specified as liquidated damages are not a
penalty, but represent the parties' estimate of the actual damages which
the Owner would suffer per day if the work is not completed as scheduled.
5. In submitting this bid, it is understood that the right is reserved by the
Owner to waive irregularities and informalities and to reject all bids and
to negotiate with apparent qualified low bidder if necessary. It is
agreed that this bid may not be withdrawn for the period of time
stipulated in Section 00020 - NOTICE OF CALLING FOR BIDS after the opening
thereof.
6. The undersigned affirms that he has completed, signed and included in his
bid all required information contained in Section 00350 - INSTRUCTIONS TO
BIDDERS. A bid shall be considered unresponsive and shall be rejected if
it fails to include these fully executed statements or if the bidder fails
to furnish required data. When a determination has been made to award a
Contract to a specific Contractor, such Contractor shall, prior to award,
furnish such other pertinent information regarding his own employment
policies and practices as well as those of his proposed Subcontractors as
the FAA, FDOT, the Owner, Secretary of Labor or the Office of Federal
Contract Compliance (OFCC) may require.
The bidder shall furnish similar statements executed by each of his first-
tier and second-tier Subcontractors whose contracts equal TEN THOUSAND
DOLLARS ($10,000.00) U.S. or more and shall obtain similar compliance by
such Subcontractors before awarding such Subcontracts. No Subcontract
shall be awarded to any uncomplying Subcontractor.
7. It is understood and agreed that all workmanship and materials under all
items of work are guaranteed for one year from the date of final
acceptance, unless otherwise specified.
8. The undersigned affirms that he has completed all of the blank spaces in
the "Bid Schedule" with an amount in words and/or numbers and agrees that
where a discrepancy occurs between the prices quoted in words and/or in
numbers, the written words shall take precedence and govern when
determining final costs or award of Contract.
9. The undersigned affirms that wages not less than the minimum rates or
wages, as predetermined for this project by the U.S. Secretary of Labor,
were used in the preparation of this bid.
10. The undersigned attaches hereto a certified check, cashier's check,
treasurer's check, bank draft on any national or state bank, or Bid Bond
in the sum of ($ ) , payable
to Monroe County as required in Notice of Calling for Bids, and the
undersigned agrees that in case he fails to fulfill his obligations under
the aforegoing Bid and Contract, Monroe County may, at its option,
determine that the undersigned has abandoned his rights and interests in
such bid and that the check or Bid Bond accompanying his bid has been
forfeited. Otherwise, the check or Bid Bond shall be returned to the
undersigned upon the execution of the Contract and the acceptance of the
bonds and insurance, or upon rejection of his bid.
BID FORM
00100-2
5910861-000
11. The undersigned acknowledges receipt of the following Addenda:
Addendum No.
Date
12. Bid Schedule. For all work required in accordance with the applicable
plans, specifications and other Contract Documents, the undersigned
submits a total bid breakdown as shown in the Bid Schedule.
13. The legal status of the undersigned is:
a. A corporation duly organized and doing business under the laws of the
State of , for whom, bearing official title of
, whose signature is affixed to this bid, is duly
authorized to execute Contracts.
If foreign corporation: date of qualification in (state):
Name and address of processing agent
b. A partnership, all of the members of which, with addresses are:
(designate general partners as such) .
If all partners are non-residents of (state) :
designate name and address of agent for service of process located in
(state) .
c. An individual, whose signature is affixed to this bid. (If non-
resident of (state), resident agent for the service
of process must be designated.)
The bidder shall fill out the appropriate form (a., b., or c.) and strike
out the other two.
14. Certification Regarding Debarment, Suspension, Ineligibility and voluntary
'Exclusion:
The bidder/offeror certifies by submission of this bid or acceptance of
this Contract that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible or voluntarily
BID FORM
00100-3
5910861-000
excluded from participation in this transaction by any federal department
or agency. It further agrees by submitting this bid that it will include
this clause without modification in all lower tier transactions,
solicitations, proposals, contracts and subcontracts. Where the bidder/
offerer/Contractor or any lower tier participant is unable to certify to
this statement, it shall attach an explanation to this solicitation/bid.
END OF SECTION 00100
BID FORM
00100-4
5910861-000
,.
BRATHOR AIRPORT
NEW PASSBRGBR TBRIIIRAL BUILDING
K>RROB COORTY, FLORIDA
SBCTIOR 00200 - BID SHEET
CONSTRUCTION OF NEW PASSENGER TERMINAL BUILDING
AND ASSOCIATED EMERGENCY GENERATOR AND CHILLER BUILDING
FOR THE MARATHON AIRPORT, MONROE COUNTY, FLORIDA
AlP PROJECT NO. 3-12-0044-09/WPI 6826631/6826747
This bid shall be valid for one hundred twenty (120) days from date of opening.
Company Name:
Company Address:
Company Phone:
The following bid is in strict accordance with Monroe County Invitation to Bid
dated July 1992, and all attachments as referenced therein.
Please list any and all exceptions or clarification to this bid or the referenced
specification. Note: Failure to note any exceptions or clarification shall be
construed as a total compliance statement (attach additional pages as necessary) :
I have attached additional pages of classifications and exceptions.
Yes No
"I hereby certify that I understand and am aware that Monroe County at its sole
discretion reserves the right to waive technicalities or irregularities, to
reject any or all bids and/or to accept that bid which is in the best interest
of the county. The award of this bid, if made, may be based on considerations
other than total cost and may be awarded based on various considerations,
including but not limited to: bidder experience and/or qualifications, quality
of materials, services or goods, past experience and whether the bid, in the
judgement of the county, is the most responsive to the county needs. The county
encourages the use of minority and women-owned businesses as Subcontractors or
in joint venture arrangements.
Authorized Signature
Date
Company Contact (Please Print)
END OF SECTION 00200
BID SHEET
00200-1
5910861-000
DRATHOB AJ:RPORT
NEW PASSBRGBR TERMINAL BUILDING
MONROE COUNTY, FLORIDA
SECTION 00300 - BID
SCHBDULB
BIDDER:
DATE:
AIRPORT NAME: Marathon Airport. Florida
FAA PROJECT NO.: 3-12-0044-09
WPI PROJECT NO.: 6826631/6826747
PROJECT DESCRIPTION:
Construction of New Passenqer Terminal Buildinq and
Associated Emerqencv Generator and Chiller Buildinq for the Marathon Airport.
Monroe County. Florida
A. Base Bid: All labor, materials, services and equipment necessary for
completion of the work shown on the drawings and in the specifications
(including allowances), except as described below:
Dollars ($
B. Site Preparation: All labor, materials, services and equipment necessary
for the completion of all clearing, grubbing, earthwork and grading shown
on the drawings and in the specifications.
Dollars ($
C. Hold Harmless Insurance:
Dollars ($
D. Emergency Generator and Associated Switching Gear:
Dollars ($
E. Aquarium Allowance:
Twentv-Nine Hundred
Dollars ($2.900.00
F. Total Bid
Dollars ($
G. "F" Plus Alternate No.1:
Dollars ($
H. "F" Plus Alternate No.2:
Dollars ($
I. "F" Plus Alternate No.1 Plus Alternate No.2:
Dollars ($
BID SCHEDULE
00300-1
5910861-000
J. Unit Prices (RE: Section 01026 - UNIT PRICES)
1. Change in the total length of all piling from length estimated (per
linear foot of pile) .
Dollars ($
2. Change in number of load test.
Dollars ($
NOTE: The award of Contract will be made to the lowest responsible and qualified
bidder based on any or all of the above bid schedules and bid alternates,
whichever is in the Owner's best interest.
Dated and signed at
day of
, 19
this
Name of Bidder
Authorized Signature
Title
Mailing Address
City, State, Zip
Contractor's License No.
END OF SECTION 00300
BID SCHEDULE
00300-2
5910861-000
MARATHOR AIRPORT
NEW PASSENGER TBRKIRAL BUILDING
IK>NROB comrrY, FLORIDA
sBerIcm 00350 - INSTRUCTIONS
TO BIDDBRS
I . GENERAL
A. This project is to be financed in part by a grant from the United
States under the Airport and Airway Improvement Act of 1982, as
amended, FAA Project No. 3-12-0044-09 and a grant from the State of
Florida, WPI Nos. 6826631 and 6826747.
B. Nondiscrimination and Nonsegregated Facilities:
1. Bidders must comply with the President's Executive Order No.
11246 which prohibits discrimination in employment regarding
race, creed, color, sex or national origin.
2. Each bidder shall complete, sign and include in his bid the
Equal Opportunity Report Statement. When a determination has
been made to award a Contract to a specific Contractor, such
Contractor shall, prior to award, after award or both,
furnish such other pertinent information regarding his own
employment policies and practices as well as those of his
proposed Subcontractors as the FAA, the sponsor, or the
Secretary of Labor may require. All such information
required of a Subcontractor shall be furnished by the
Contractor.
3. The Equal Opportunity Report Statement, Certification of
Nonsegregated Facilities, Equal Opportunity Clause and all
other EEO requirements shall be included in all nonexempt
Subcontracts entered into by the Contractor. Subcontracts
entered into by the Contractor shall also include all other
applicable labor provisions. No Subcontract shall be awarded
to a noncomplying Subcontractor.
4. In addition, the Contractor will also insert in each of his
Subcontracts a clause requiring the Subcontractor to include
these provisions in any lower tier Subcontracts which they
may enter into, together with a clause requiring this
insertion in any further Subcontracts that may in turn be
made.
C. Compliance with Law:
1. Bidders must comply with Title VI of the Civil Rights Act of
1964, the Davis-Bacon Act, the Anti-Kickback Act and the
Contract Work Hours Standard Act.
2. Bidders must comply with all state laws, local ordinances,
except that any preferential consideration of local in-state
bidders is not allowed.
D. General Bond Requirements:
1. The bid security shall be as specified within these
documents.
2. Payment and Performance Bonds shall be as specified; only the
Payment and Performance Bonds as bound within these documents
are acceptable.
INSTRUCTIONS TO BIDDERS
00350-1
5910861-000
E. Insurance requirements shall be as specified.
F. Bidders must complete and submit the sworn statement on Public
Entity Crimes with the bid.
G. Construction Time and Liquidated Damages. The agreement will
include a stipulation that the work be substantially completed in
a period of 365 calendar days following receipt of Notice to
Proceed. The Agreement will also include a stipulation that
liquidated damages will be established in the agreed amount of
$1,000.00 per calendar day for each calendar day after the
completion date that the work is not substantially completed.
II . EXAMINATION OF CONDITIONS AFFECTING WORK
A. Prior to submitting a bid, each bidder shall examine and thoroughly
familiarize himself with all existing conditions including all
applicable laws, codes, ordinances, rules and regulations that will
affect his work. Bidders shall visit the site, examine the grounds
and all existing buildings, utilities and roads and shall ascertain
by any reasonably means all conditions that will in any manner
affect work. Bidders shall ask the Engineer for any additional
information deemed necessary for them to be fully informed as to
exactly what is to be expected prior to Submitting a bid. The
drawings have been prepared on the basis of surveys and inspections
of the site and represent an essentially accurate indication of the
physical conditions at the site. This, however, shall not relieve
the bidder of the necessity for fully informing himself as to
existing physical conditions.
Bidders are advised that attendance at the pre-bid conference
(date, location and time stated in 00020 - NOTICE OF CALLING FOR
BIDS) is highly recommended for those Contractors bidding.
B. When boring data is provided in the Contract Documents, the
Contractor shall assume responsibility for any conclusions he may
draw from such data. He may employ his own consultants to analyze
available information and shall be responsible for any conclusions
drawn from that information.
III. BIDS
A. Sealed bids for the construction of the project generally described
will be received until the time and the date stated in Section
00020 - NOTICE OF CALLING FOR BIDS.
B. The bid shall be on the "Bid Form" provided, no other form is
acceptable.
C. Each bidder shall present his bid in complete accordance with the
bid submittal instructions as stated in Section 00020 - NOTICB OF
CALLING FOR BIDS.
The envelope shall contain a reproduced copy of the following items
from this document which the bidder shall complete and sign. (Do
not detach these items from this document.)
Section
Title
00100
00200
00300
Bid Form
Bid Sheet
Bid Schedule
INSTRUCTIONS TO BIDDERS
00350-2
5910861-000
00400-8
00400-9
00400-10
00400-11
00400-12
00400-13
00400-14
00400-15
00400-16
Buy American Certificate
DBE Program
Prime Bidder's Qualifications
Equal Opportunity Report Statement
Certification of Nonsegregated Facilities
DBE Eligibility Determination (if Applicable)
Joint Venture Eligibility Determination (if
Applicable)
DBE Subcontractor Affidavit
Schedule of DBE Participation
DBE Unavailability Certification (if Applicable)
Public Entity Crimes Statement
Bid Bond
Monroe County Ethics Clause
Hold Harmless
Noncollusion Affidavit
Monroe County Insurance Checklist
00400-1
00400-2
00400-3
00400-4
00400-5
00400-6
00400-7
IV. PREPARATION AND SUBMISSION OF BIDS
A. Bids shall be submitted as indicated by the "Bid Form" and shall be
signed in ink by an official of the firm submitting the bid.
B. Erasures or other changes in a bid shall be explained or noted over
the signature of the bidder.
C. Bids containing reservations, conditions, omissions, unexplained
erasures or alterations, items not required in the bid, or
irregularities of any kind, may be rejected by the Owner as being
incomplete and not qualified for consideration.
D. Each bid shall indicate the full business name and address of the
bidder and shall be signed by him with the usual signature.
E. A bid submitted by a partnership shall list the names of all
partners and shall be signed in the partnership name by one of the
members of the partnership.
F. A bid submitted by a corporation shall be signed by the legal name
of the corporation followed by the state of incorporation and the
title designation of the corporation in legal matters. The name of
each person signing the bid shall be typed or printed below the
signature.
G. When requested by the Owner, a Power of Attorney or other
satisfactory evidence of the authority of the officer signing in
behalf of the corporation shall be furnished for the Owner's
records.
H. The bid must be accompanied by a Bid Bond executed on the form
provided or a Certified Check payable to the Owner in an amount
equal to but not less than 5 percent of the bid. If a bidder is
awarded the Contract but fails, refuses or neglects to execute the
Contract or to furnish the required Public Construction Bond either
10 days after receipt of written Notice of Award, then the amount
of this bond or check shall be paid to, or retained by, the Owner
as liquidated damages, although not as a penalty.
V. INTERPRETATIONS
A. Each bidder shall carefully examine the plans and the Contract
Documents and all addenda or other revisions and thoroughly
INSTRUCTIONS TO BIDDERS
00350-3
5910861-000
familiarize himself with the detailed requirements prior to
submitting a bid. Should a bidder find discrepancies or
ambiguities in, or omission from bid documents, or should he be in
doubt as to their meaning, he shall at once and in any event not
later than 10 days prior to bid date, notify the Architect-Engineer
who will send written addenda to all bidders. All inquiries shall
be directed to Reynolds, Smith and Hills, Inc. The Architect-
Engineer will not be responsible for any oral instructions. All
addenda sent to bidders will become a part of the Contract
Documents.
B. Substitutions. To obtain approval to use unspecified products,
bidders shall submit written requests to the ArChitect-Engineer at
least 10 calendar days before the date the bid is due. Requests
received after this date or time shall not be considered. Request
shall clearly describe the product for which approval is asked,
including all data necessary to demonstrate acceptability. If the
substitution is acceptable, the Architect shall approve the product
in an Addendum, which will be mailed or delivered to all bidders.
Any use as a base for bidding of a material, equipment, or system
other than that specified, unless such material, equipment, or
system has been approved by the Architect before submission of
General Contractor's Bid to Owner, will be made at bidder's risk.
No substitution shall be made without authority in writing from the
Architect.
C. Each bidder is invited to visit the site of the proposed
construction. A tour of the site is planned after the pre-bid
conference. Any other visit to the site is to be coordinated with
and at the direction of the Airport Manger. AT NO TIME is the
prospective bidder to enter the proposed construction site without
the express consent of the Owner.
D. Acknowledgement of receipt of all addenda shall be made by each
bidder in the space provided in the Bid Form.
VI. MODIFICATIONS AND/OR WITHDRAWAL OF BIDS
A. Bids which have been submitted may not be modified or withdrawn
after submission unless the bidder makes his request by letter or
telegram or in person and such request is received prior to the
time and date fixed for the opening of bids.
B. Negligence on the part of the bidder in the preparation of his bid
shall be not be grounds for the modification or withdrawal of a bid
after the time set for bid opening.
VII. REJECTION OF BIDS
A. The Owner reserves the right to reject any or all bids and to waive
any informalities or irregularities therein or to award or refrain
from awarding a Contract for the work.
VIII.
COMPLETION OF BID
A. The bidder is required to fill in all the blank spaces on the Bid
Sheet and all of the prices on the Bid Schedule.
B. Where a discrepancy occurs between the prices bid in words and in
numbers, the words shall take precedence and govern in determining
final costs of or award of Contract.
INSTRUCTIONS TO BIDDERS
00350-4
5910861-000
IX. DISADVANTAGED BUSINESS ENTERPRISE
A. The bidder shall make every effort to meet DBE Subcontract goals.
Bidders that have not met the goals but wish to remain in
competition must provide the Sponsor with written statements as to
the reasons goals were not met.
B. Selection criteria to be used in making Contract awards:
1. Contracts for this project will be awarded on the basis of
responsible price and the bidder's stated ability to meet the
DBE Contract goal. After receipt of the DBE data from those
bidders with a reasonable price, the sponsor will make the
award to the bidder with the lowest bid price among those
that met the DBE goal.
2. If the sponsor does not receive any reasonable price bids
among those that met the DBE goals, it will then make the
award to the bidder with the highest percentage of DBE
participation whose bid price is reasonable.
3. Bids received that do not contain a statement indicating that
the bidder will meet the Contract goal or which ignore the
DBE program and reflect no reasonable effort to obtain DBE
participation in Subcontract work will be ineligible for the
award.
X. NOTICE AND SERVICE THEREOF
All notices given by the Owner, Owner's authorized representative or the
Architect-Engineer under the provisions of the Contract Documents shall
be in writing and service of same may be by either of the following
methods:
1. By delivery of the notice to the bidder or to any officer of the
bidder if bidder is a corporation or to any agent of the bidder.
2. By mailing the notice by United States mail to the address of the
bidder shown on the bid.
Notices given by the Owner or Architect-Engineer shall be effective
upon mailing, if mailed.
XI . FLORIDA SALES AND OTHER TAXES
Work under this Contract is subject to the prov1s1ons of Chapter 212,
Florida Statutes, Tax on Sales, Use and Other Transactions. Other state,
local or federal taxes may be applicable. The bidder is responsible to
remit to the appropriate governmental entity all applicable taxes. Any
applicable tax shall be included in the total bid price by the bidder.
The Owner reserves the right to procure equipment, materials, etc. and
provide to the Contractor in order to reduce Owner's cost due to the
Owner's tax-exempt status.
XII . GUARANTY OF FAITHFUL PERFORMANCE AND PAYMENT
A Public Construction Bond in complete accordance with F.S. 255.05 and
. satisfactory to the Owner and in the forms contained herein, each in an
initial amount of not less than the Total Contract Price, will be
required of the successful bidder for, among others, the following
purposes.
INSTRUCTIONS TO BIDDERS
00350-5
5910861-000
1. To guarantee faithful performance of the requirements of the
Contract Documents including all applicable warranties.
2. To guarantee the payment of all labor, materials or supplies used
directly or indirectly in the prosecution of the work provided for
in the Contract.
The penal sum of the Public Construction Bond shall be increased or
decreased during the course of the work in the event that modifications,
change orders or addenda increase or decrease the total Contract price
so that the penal sum of each bond shall be in an amount equal to the
completed Contract price at the completion of the work.
The bond shall be exactly in the form contained in the Contract Documents
and written through a licensed Florida agency on behalf of a surety
company licensed to do business in the State of Florida meeting the
following requirements:
1. Oualification--Manaqement and Strenqth: The surety must be rated
no less than "A" as to management and no less than XII as to
strength by the latest edition of Best's Insurance Guide, published
by A.M. Best Company, P.O. Box 1107, Summit, New Jersey 07901.
2. Oualification- -Federal Pro;ect Approval: The surety company
executing the bonds shall be on current list of the U.S. Treasury
Department as being approved by and for writing bonds for federal
projects in an amount not less than the penal sum of the bonds
provided to the Owner.
3. Bondinq Limit--Anv One Risk: The bonding limit of the sureties
shall not exceed 5 percent of the policyholder surplus (capital and
surplus) as listed by the aforementioned Best's Insurance Guide.
The completed bonds shall be delivered to the Owner with the executed
Contract as required hereinafter in these Instructions to Bidders.
XIII.
POWER OF ATTORNEY AND COUNTERSIGNATURE
Attorneys-in-fact who sign bonds must file with such bonds a certified
copy of their Power of Attorney to sign the bonds. All bonds must be
countersigned by a resident Florida agent of the surety with proof of
agency attached.
XIV. FOREIGN TRADE CERTIFICATION
The Contractor or Subcontractor by submission of an offer and/or
execution of a Contract, certifies that it:
1. Is not owned or controlled by one or more citizens or nationals of
a foreign country included in the list of countries that
discriminate against U.S. firms published by the Office of the
United States Trade Representative (USTR).
2. Has not knowingly entered into any Contract or Subcontract for this
project with a Contractor that is a citizen or national of a
foreign country on said list, or is owned or controlled directly or
indirectly by one or more citizens or nationals of a foreign
country on said list.
3. Has not procured any product or Subcontracted for the supply of any
produce for use on the project that is produced in a foreign
country on said list. '
INSTRUCTIONS TO BIDDERS
00350-6
5910861-000
Unless the restrictions of this clause are waived by the Secretary of
Transportation in accordance with 49 CFR 30.17, no Contract shall be
awarded to a Contractor or Subcontractor who is unable to certify to the
above. If the Contractor knowingly procures or Subcontracts for the
supply of any product or service of a foreign country on the said list
for use on the proj ect, 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 circumstance.
This certification is a material representation of facts 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.
XV. BUY AMERICAN - - STEEL AND MANUFACTURED PRODUCTS FOR CONSTRUCTION CONTRACTS
(JANUARY 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
a Subparagraphs B.1 or 2 shall be retreated as domestic.
2. Comoonents. As used in this clause, components means those
articles, materials and supplies incorporated directly into
steel and manufactured products.
INSTRUCTIONS TO BIDDERS
00350-7
5910861-000
3. Cost of Cornoonents. 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
quali ty ;
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 SECTION 00350
INSTRUCTIONS TO BIDDERS
00350-8
BUY AMERICAN CERTIFICATE (JAN. 1991)
By submitting a bid under this solicitation, except for those
items listed by the offeror below or on a separate and clearly
identified attachment to this bid, the offeror certifies that
steel and each manufactured product is produced in the United
states (as def ined in the clause Buy American - steel &
Manufactured Products or Buy American - steel & Manufactured
Products for Construction Contracts) and that components of
unknown origin are considered to have been produced or manufac-
tured outside the united states.
Offerors may obtain from RS&H lists of articles, materi-
als and supplies excepted from this provision.
Product
Country of
Oriqin
END OF SECTIO~ 00400-1
SUPPL::T::nAL BIC F{~~~S
0040C-l
~40NROE COUNTY
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGR,o,fJ
The following bid conditions apply to this Department of Trans-
portation (DOT) assisted Contract. Submission of a bid by a
prospective Contractor shall constitute full acceptance of these
bid conditions.
1. Definition. Disadvantaged Business Enterprise (DBE) as used
in this Contract shall have the same meaning as defined in
paragraph 23.62 of Sub-part 0 to 49 CFR Part 23.
2. Policy. It is the policy of DOT that disadvantaged business
enterprises as defined in 49 CFR Part 23 shall have the maxi-
mum opportunity to participate in the performance of Con-
tracts and sub-contracts financed in whole or in part with
federal funds. Consequently, the DBE requirements of 49 CFR
Part 23 apply to this Contract.
3. DBE Obliqation. The contractor agrees to ensure that disad-
vantaged business enterprises as defined in 49 CFR Part 23
have the maximum opportunity to participate in the perform-
ance of Contracts and sub-contracts financed in whole or in
part with Federal funds. In this regard all Contractors
shall take all necessary and reasonable steps in accordance
with 49 CFR Part 23 to ensure that disadvantaged business
enterprises have the maximum opportunity to compete for and
perform Contracts. Contractors shall not discriminate on the
basis of race, color, national origin, or sex in the award
and performance of DOT-assisted Contracts.
4. Compliance. All bidders, potential Contractors or sub-con-
tractors for this DOT-assisted Contract are hereby notified
that failure to carry out the DOT policy and 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 Owner.
5. Sub-contract Clauses. All bidders and potential Contractors
hereby assure that they will include the above clauses in all
sub-contracts which offer further sub-contracting oppor-
tunities.
6. Contract Award. Bidders are hereby advised that meeting DBE
sub-contract goals or making an acceptable good faith effort
to meet such goals are conditions of being awarded this DOT-
assisted Contract.
SUPPL~ME~TAL BID F0R~S
00400-21'.
The Owner proposes to award the Contract to the lowest
responsive and responsible bidder submitting a reasonable bid
provided he has met the goals for DBE participation or, if
failing to meet the goals 1 he has made an acceptable good
faith effort to meet the established goals for DBE participa-
tion. Bidder is advised that the Owner has sole authority to
determine if the bidder has made sufficient effort toward
meeting DBE goals to qualify for Contract award. The Owner
reserves the right to reject any or all bids submitted.
7. DBE Participation Goal. The attainment of goals established
for this contract are to be measured as a percentage of the
total dollar value of the contract. The goal established for
this contract is as follows:
6.9% for female participation for each trade.
30.4% for minority oarticioation for each trade.
8. Available DBEs. The Owner has on file a DBE program which
has been approved by the Federal Aviation Administration.
This program contains a listing of known DBEs (certified and
uncertified) . Bidders are encouraged to inspect this
program to assist in locating DBEs for the work. Other DBEs
may be added to the list in accordance with the Owner's
approved DBE program. Credit toward the DBE qoals ,will not
be counted unless the DBE to be used has been certified bv
the Owner.
9. Contractor's Reauired Submission. The Owner requires the
submission of the following information with the bid.
certain other DBE information may also be required.
DISADVANTAGED BUSINESS ENTERPRISE
SUB-CONTRACTS
(Attach Additional Pages As Necessary)
MBE Sub-contractors
Name/Address/Identitv*
Sub-contract
Work Item
Dollar
Value of
Sub-Contract
Work
SUPPLEMENT~L BID FOR~S
00400-28
WOMEN SUB-CONTRACTS
Women Sub-contractors
Name/Address/Identitv*
Sub-contract
Work Item
Dollar
Value of
Sub-Contract
Work
OTHER DISADVANTAGED SUB-CONTRACTS
Other Disadvantaged
Sub-Contractors Within
the DBE Group
Name/Address/Identitv*
Sub-contract
Work Item
Dollar
Value of
Sub-Contract
Work
Total Dollar Value of Bid:
$
$
Total Dollar Value of Sub-contract Work:
Total DBE Percent:
%
*Contractor must fill in the identity of the DBE Sub-Contractor,
i.e., Black, Hispanic, Asian American, American Indian and other
economically disadvantaged.
If the contractor fails to meet the DBE sub-contract goals estab-
lished in Paragraph 7 above, the following information must be
submitted with the bid to assist the Owner in determining whether
or not the contractor made acceptable good faith efforts to meet
the contract goals. This information (when applicable), as well
as the DBE information, should be submitted as specified in Para-
graph 9 above.
Suggested guidance for use in determining if good faith efforts
were made by a contractor are included in Appendix "A" to 49 CFR
Part 23, SUb-part 23.45(h).
surPLE~ENTAL BID FOR~S
J0400-2C
A list of the efforts that a contractor may make and the Owner may
use in making a determination as to the acceptability of a
contractor's efforts to meet the goals follows:
1. Whether the Contractor attended any pre-solicitation or pre-
bid meetings that were scheduled by the recipient to inform
DBEs of contracting and sUb-contracting opportunities;
2. Whether the contractor advertised in general circulation,
trade association, and disadvantaged-focus media concerning
the sUb-contracting opportunities;
3. Whether the contractor provided written notice to a reasonable
number of specific DBEs that their interest in the contract
was being solicited, in sufficient time to allow the DBEs to
participate effectively;
4. Whether contractor followed up initial solicitations of inter-
est by contacting DBEs to determine with certainty whether the
DBES were interested;
5. Whether the contractor selected portions of work to be
performed by DBEs in order to increase the likelihood of meet-
ing the DBE goals (inClUding, where appropriate, breaking down
contracts into economically feasible units to facilitate DBE
participation) ;
6. Whether the contractor provided interested DBEs with adequate
information about the plans, specifications and requirements
of the contract;
7. Whether the contractor negotiated in good faith with inter-
ested DBEs, not rejecting DBEs as unqualified without sound
reasons based on a thorough investigation of their capabili-
ties;
8. Whether the contractor made efforts to assist interested DBEs
in obtaining bonding, lines of credit, or insurance required
by the recipient or contractor; and
9. Whether the contractor effectively used the services of avail-
able disadvantaged community organizations; disadvantaged
contractors' groups; local, state and Federal disadvantaged
business assistance offices; and other organizations that
provide assistance in the recruitment and placement of DBEs.
NOTE: The nine (9) items set forth above are merely suggested
criteria and the owner may specify that you submit informa-
tion on certain other actions a contractor took to secure
DBE participation in an effort to meet the goals. A
contractor may also submit to the owner other information
on efforts made to meet the goals.
,
-
SUP?LE~ENTAL EIe FOR~S
OJ400-?n
10. Contractor's Assurance. The bidder hereby assures that he
will meet one of the following as appropriate:
a) The DBE participation goals as established in Paragraph 7.
above.
b) The DBE participation percentage as shown in Paragraph 9.
which was submitted as a condition of contract award.
Agreements between bidder/proposer and a DBE in which the DBE
promises not to provide sub-contracting quotations to other
bidders/proposers are prohibited. The bidder shall make a
good faith effort to replace a DBE sub-contract that is unable
to perform successfully with another DBE sub-contractor.
Substitution must be coordinated and approved by the Owner.
The bidder shall establish and maintain records and submit
regular reports, as required, which will identify and assess
progress in achieving DBE sub-contract goals and other DBE
affirmative action efforts.
11. Disadvantaqed Contractor Aqencies in Florida. The following
agencies are furnished for the Bidder's information for
assistance in locating disadvantaged businesses:
United Disadvantaged Contractors' Association of Florida
5121 Soutel Drive
Jacksonville, Florida 32219
Attn: Frederick Law Phone: 904/768-2314 (home)
Broward County Disadvantaged Builders' Association, Inc.
771 N.W. 22nd Road
Ft. Lauderdale, Florida 33311
Attn: Pat Larkin Phone: 305/792-1121
Managers' Associates
1310 W. Colonial Drive, Suite 34
Orlando, Florida 32805
Attn: Theodore Hall Phone: 407/841-4193
Metropolitan Orlando Urban League
1206 W. Central Blvd.
Orlando, Florida 32805
Attn: Bernice stevenson Phone: 407/841-7654
Central state Assoc. of Disadvantaged Contractors
P.O. Box 5948
Orlando, Florida 32855
Attn: Derrick Wallace Phone: 407/291-2850
SUPPL[~ENTAL BID FOP.~S
J04UO-2E
International Business Management, Inc.
1918 West Cass street
Tampa, Florida 33606
Attn: Noble Sissle Phone: 813/251-3452
state of Florida
Director's Office of Disadvantaged Business Enterprises
Division of Economic Development
Disadvantaged Business Department Agency
107 West Gaines street
Tallahassee, Florida 32304
Attn: Pamela Henderson Phone: 904/488-9575
END OF SECTION 00400-2
SUPPLEMENTAL BID FOP.~S
00400-2F
MONRO!=" rOlll\lTV
PRIME BIDDER'S QUALIFICATIONS
; .
Each contractor shall furnish with his bid the following comple-
ted and signed statements on "evidence of competency" and "evi-
dence of financial responsibil i ty", which is in accordance with
General provision 20-02.
1. Name of Bidder:
2. Business Address:
3. Telephone Number:
4. When Organized:
5. Where Incorporated:
6. How many years have you been engaged in the contracting
business under the present firm name?
7. What is the type of construction work in which you are
principally engaged?
8. On separate sheet list major contracts in past 10 years.
9. On separate sheet list equipment and plant available for
this project.
10. Enclose a copy of latest Financial Statement.
11. Credit Available for this Contract: $
12. Contracts now in hand, Gross Amount: $
13. Have you ever refused to sign a contract at your origi-
nal bid?
14. Have you ever been declared in default on a contract?
15. Remarks:
(The above statements must be subscribed and sworn to before a
Notary Public.
Date:
Firm Name:
By:
Title:
Notary Public:
END OF SECTION 00400-3
PRIME BID~ERS QUALIFICATIONS
00400-3
MONROF r.f)IINTY
EQUAL OPPORTUNITY REPORT STATEMENT
as required by
41 CFR 60-1. 7 (b)
The Bidder shall complete the following statement by checking the
appropriate lines. Failure to complete these blanks may be
grounds for rejection of bid.
1. The Bidder has has not
developed and has on file at each establishment Affirmative
Action Programs pursuant to 41 CFR 60-1.40 and 41 CFR 60-2.
2. The Bidder has has not
participated in any previous contract or sub-contract subject
to the Equal Opportunity Clause prescribed by Executive Order
11246, as amended.
3. The Bidder has has not
filed with the Joint Reporting Committee the Annual Compli-
ance Report on Standard Form 100 (EEO-1 Report).
4. The Bidder does does not
employ fifty (50) or more employees.
(Name of Bidder)
By:
Title:
Date:
ENe OF SECTION OQ4QO-4
.-
EQUAL OPPORTUNIJY REPORT STATErENT
';0400-4
~ONROE COUNTY
CERTIFICATION OF NON-SEGREGATED FACILITIES
The federally assisted construction contractor certifies that he
does not maintain or provide for his employees any segregated
facilities at any of his establishments and that he does not
permit his employees to perform their services at any location
under his control where segregated facilities are maintained.
The federally assisted construction contractor certifies that he
will not maintain or provide for his employees segregated facili-
ties at any of his establishments and that he will not permit his
employees to perform their services at any location under his
control where segregated facilities are maintained.
The federally assisted construction contractor agrees that a
breach of this certification is a violation of the Equal Opportu-
nity Clause in this Contract. As used in this certification, the
term "segregated facilities" means any waiting room, work areas,
restrooms and washrooms, restaurants and other eating areas, time
clocks, locker rooms and other storage or dressing areas, parking
lots, drinking fountains, recreation or entertainment areas,
transportation and housing facilities provided for employees
which are segregated by explicit directives or are in fact segre-
gated on the basis of race, color, religion or national origin
because of habit, local custom or any other reason.
The federally assisted construction contractor agrees that
(except where he has obtained identical certifications from pro-
posed sub-contractors for specific time periods) he will obtain
identical certifications from proposed sub-contractors prior to
the award of sub-contracts exceeding ten thousand dollars
($10,000.00) U.S. which are not exempt from the provisions of the
Equal Opportunity Clause and that he will retain such certifica-
tions in his files.
Title
Signature of Contractor
Date
END OF SECTION 00400-5
CERTIFICATION OF NONSEGPEGAT~D FACILITIES
uv4uu-G
DBE ELIGIBILITY DETERr~INATION
(Must be completed by all DBE Contractors
and/or Sub-Contractors not presently
certified by the Florida Department of Transportation
or other applicable Government agencies.)
If at any time the Department or a recipient has reasons to
believe that any person or firm has willfully and knowingly
provided incorrect information or made false statements or acted
in a manner prohibited by 49 CFR Part 29, the responsible offi-
cial shall refer the matter to the General Counsel of the Depart-
ment. He/she may initiate procedures for suspension or debarment
as provided in 49 CFR 29.17 and/or refer the matter to the
Department of Justice under 18 U.S.C. 1001, as deemed appropri-
ate.
1. Name of firm:
2. Address of firm:
3. Phone No. of firm:
4. Contact Persons:
5. Nature of Business. Specify major services/products.
6. Geographical area served:
States:
Counties:
7. Years firm has been in business:
8. Type of ownership:
(check one)
Corporation ____ Partnership
Sole Proprietorship
"'"
Joint Venture ____ other (specify)
DBE ELIGIBILITY DETERMINATION
00400-6/\
9.
Ownership of firm.
firm. Columns (e)
or more owners is
taged individual.
Identify those who own 5% or more of the
and (f) need to be filled out only if one
not a socially and economically disadvan-
A
B
c
D
Years of
Ownership
E
Ownership
%
F
Voting
%
Name
Race
Sex
If one or more owners is not disadvantaged, list the contri-
butions of money, equipment, real estate or expertise of each
of the owners. (Attach a separate sheet if necessary.)
10. Control of firm. Identify by name, race, sex and title in
the firm those individuals (including owners and non-owners)
who are responsible for day-to-day management and policy
decision making including, but not limited to, those with
prime responsibility for:
a. Financial decisions
b. Management decisions such as:
(1) Estimating
(2) Marketing & Sales
(3) Hiring & Firing of Management Personnel
...
DBE ELIGIBILITY nFT~rMINATICN
00400-6B
(4) Purchase of Major It~ms or Supplies
c. Supervision of Field Operations
11. For each of those listed in No. 10, provide a brief summary
of the person's experience and number of years with the firm,
indicating the person's qualifications for the responsibili-
ties given him or her. (Attach a separate sheet if neces-
sary. )
12. Describe or attach a copy of any stock options or other
ownership options that are outstanding and any agreements
between owners or between owners and third parties which
restrict ownership or control of the disadvantaged owners.
(Attach a separate sheet if necessary.)
13. Identify any owner (see Item 9) or management official (see
Item 10) of named firm who is or has been an employee of
another firm that has an ownership interest in or a present
business relationship with the named firm. Present business
relationships include shared space, equipment, financing or
employees as well as both firms having some of the same
owners.
D8E ELIGIBILITY DETER~INA;ICN
~C.fGG-oC
14. What are the gross receipts of the firm for each of the last
three years?
Year ending Gross Receipts $
Year ending Gross Receipts $
Year ending Gross Receipts $
15. Name of Bonding Company, if any:
Bonding Limit:
Source of Letters of Credit, if any:
16. Are you authorized to do business in the state as well as
locally, including all necessary business licenses? Yes
No
Attach one copy of the operating license, if any.
Type of Business
License Number
17. Specify the major items of equipment owned and/or leased by
the firm.
Equipment
Owned
Quantity
Equipment
Leased
Name & Address
of Owner
18. Has the firm ever appl ied for or been denied DBE/MBE/WBE
certification with the City, Department of Transportation or
elsewhere?
Yes
No
Application Pending
DSE ELIGIBILITY DETERr~INATION
00400-6D
If yes, name the certifying authority, date and state circum-
stances of such certification or denial.
DSE ELIGIBILITY DETERMINATION
00400-6E
AFFIDAVIT
The undersigned swears that the foregoing statements are true and
correct and include all material information necessary to identi-
fy and explain the operations of (name
of firm) as well as the ownership thereof. Further, the under-
signed agrees to provide, through the prime contractor or if no
prime, directly to the grantee, current, complete and accurate
information regarding actual work performed on the project, the
paYment therefore and any proposed changes, if any, of the fore-
going arrangements and to permit the audit and examination of
books, records and files of the named firm. Any material misrep-
resentation will be grounds for terminating any contract which
may be awarded and for initiating action under Federal and state
laws concerning false statement.
NOTE: If after filing this Schedule A and before the work of
this firm is completed on the contract covered by this
regulation there is any significant change in the informa-
tion submitted, you must inform the grantee of the change
through the prime contractor or, if no prime contractor,
inform the grantee directly.
Signature:
Name: (Print or Type)
Title:
Date:
Corporate Seal (where appropriate)
Date:
State of
County of
On this day of 1992, before me appeared
(name) , to me personally known,
who, being duly sworn, did execute the foregoing Affidavit and
did state that he or she was properly authorized by (name of
firm) to execute the Affidavit and
did so as his or her free act and deed.
(Seal)
Notary Public
commission expires
END OF SECTION 00400-6
--
DSE ELIGIBILITY DETER~INATION
00400-6F
JOINT VENTURE ELIGIBILITY DETER~INATION
(This form need not be filled in if all joint venture firms are
disadvantaged business enterprises.)
1. Name of joint venture
2. Address of joint venture
3. Phone number of joint venture
4 .
Identify the firms which comprise the joint venture.
DBE partner must complete 00400-6).
(The
a. Describe the role of the DBE firm in the joint venture
b. Describe very briefly the experience and business
qualifications of each non-DBE joint venture:
5. Nature of joint venture's business
6. Provide a copy of the joint venture agreement.
7. what is the claimed percentage of DBE ownership?
8. Ownership of joint venture: (This need not be filled in if
described in the joint venture agreement, provided by
question 6.)
a. Profit and loss sharing.
b. Capital contributions, including equipment.
c. Other applicable ownership interests.
9. Control of and participation in this contract. Identify by
name, race, sex, and "firm" those individuals (and their
titles), who are responsible for day-to-day management and
policy decision making, including but not limited to, those
with primary responsibility for: ._
JOINT VENTURE ELIGIBILITY eETERMINATION
00400-7;"
a. Financial Decisions
b. Management Decisions, such as:
(1) Estimating
(2) Marketing and Sales
(3) Hiring and Firing of Management Personnel
(4) Purchase of Major Items or Supplies
c. Supervision of Field Operations
NOTE: If, after filing this Schedule B and before the completion
of the j oint venture's work on the contract covered by
this regulation, there is any significant change in the
information submitted, the joint venture must inform the
grantee, either directly or through the prime contractor
if the joint venture is a subcontractor.
"The undersigned swear that the foregoing statements are
correct and include all material information necessary to
identify and explain the terms and operations of our joint
venture and the intended participation by each joint
venturer in the undertaking. Further, the undersigned
covenant and agree to provide to the grantee current,
complete and accurate information regarding actual joint
venture work and the payment therefore, and any proposed
changes in any of the j oint venture arrangements and to
permi t the audit and examination of books, records, and
files of the joint venture, or those to each joint venture
relevant to the joint venture, by authorized
representatives of the grantee or the Federal funding
agency. Any material misrepresentation will be ground for
terminating any contract which may be awarded for
initiating action under Federal and State laws concerning
false statement."
Name of Firm
Name of Firm
Signature
Signature
Name
Name
Title
Title
Date
Date
JOINT VENTURE ELIGIBILITY DETERMINATION
)0400-7B
Date
state of
Gounty of
On this day of , 19 ___, before me appeared
(name), to me personally known, who, being
duly sworn, did execute the foregoing affidavit, and did state
that he or she was properly authorized by
(name of firm), to execute the affidavit
and did so as his or her free act and deed.
Notary Public
commission Expires
(Seal)
Date
state of
County of
In addition to the submission of the previous information and
review by the support staff, all DBE's submitted as prime, joint
venture or sub-contractors will be verified through the
appropriate Florida agencies and the applicable u.s. Department
of Commerce Minority Business Development Association. In
addi tion, the Owner will accept certifications made by other
DOT/FAA recipients.
In the event of a DBE sub-contractor replacement, Owner shall
have the right to approve all substitutions of sub-contractors
before bid opening and during contract performance. This will be
done to ensure that the contractors are eligible DBE's. In the
event of a substitution, the Schedule A and/or Schedule B forms
shall be submitted for the proposed replacement contractor.
END OF SECTION 00400-7
--
JOINT VENTURE ELIGIBILITY DETER~INATION
00400-7C
DBE SUB-CONTRACTOR IDENTIFICATION AFFIDAVIT
STATE OF
COUNTY OF
I HEREBY DECLARE AND AFFIRM THAT I AM THE
(Title - Owner, President)
and duly authorized representative of
(Co-Venturer, etc.)
whose address is
(Name of Firm)
* I hereby declare and affirm that I am a Minority (or) Female
(specify which) Business Enterprise (MBE---or WBE) as defined by the
contract documents cited below and that I will provide, on request,
information to document this fact.
This firm is interested in quoting/bidding on the followinq categories of work
bei ng procured for the L- t.'a rathon Ai rport Project No.
. AT D 3-12-0044. OJ~PI 6826631. 6826747
This firm has current DBE/MBE/WBE certification from the following agencies:
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE
CONTENTS OF THE FOREGOING DOCUMENT ARE TRUE AND CORRECT AND THAT I AM
AUTHORIZED ON BEHALF OF THE FIRM TO MAKE THIS AFFIDAVIT.
(Date)
(Affiant)
STATE OF
COUNTY OF
On this ____ day of
appeared
in the foregoing affidavit
the capacity therein stated
, 19 , before me,
, the above signed officer, personally
, known to me to be the person described
and acknowledged that he (she) executed the same in
and for the purposes therein contained.
*Collectively called DBE's
DBE SUBCONTRACTOR AFFIDAVIT
00400-811.
In witness thereof, I hereunto set my hand and official seal.
(SEAL)
My Commission Expires
END OF SECTION 00400-8
DBE SUBCONTRACTOR AFFIDAVIT
00400-8B
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DBE UNAVAILABILITY CERTIFICATION
(TO BE COMPLETED IF DBE GOALS NOT ATTAINED)
I,
, of
Firm
(Name)
Title
certify that on dates below, I invited the following DBE sub-
contractor(s) to bid work items to be performed on
Project No.
Project Title
Date of
Request
DBE
Name of Sub-Contractor
Work Items Souqht
The following Sub-contractors did not bid in response to the
invitations:
The following Sub-contractors submitted bids which were not the
low responsible bid:
Date:
By:
Signature
Sworn to and subscribed before me this
19
day of
~
Signed:
(Notary Public)
END OF SECTION 00400-10 DEE UNA~AILA6ILITY CERTIFICATION
00400-10
( SEAL)
SWORN STATEMENT PURSUANT TO SECflON 287.133(3)(8),
FLORIDA STATUTES, ON PUBLIC ENT11Y CRIMES
TIIIS FORM MUST BE SIGNED AND SWORN TO IN TilE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is suhmitted to
(print name or the publle entity)
by
(print Individual's name and title)
(print nnme or entity submitting sworn statement)
for
whose business address is
and (If applicable) its Federal Employer Identification Number (FEIN) Is
(U the entity has no FEIN, include the Sodal Security Number of the Individual signing this
sworn statement:
.)
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), florida Statutes. means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agenq or political subdivision of any other state or of the United
States, including, but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agenq or political subdivision of any other state or of the United States and Involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiraq, or material misrepresentation.
30 I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), florida Statutes, means
a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, In any
federal or state trial court of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
40 I under!itand that an "affiliate" as defined in Paragraph 287.133(1)(a), florida Statutes. means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active In the management of the entity and
who has been convicted of a public entity crime. The term "affiliate. includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in tbe management of
an affiliate. The ownership by one person of shares constituting a controUfng Interest in anotber person,
or a pooling of equipment or inoome among persons when not for fair market value under an arm's length
agreement, shall be a prima facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity crime In Florida during
the preceding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), FIorlda Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or services
let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The
term "person" Includes those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active In management of an entity.
PUBLIC ENTITY CRIMES STATEMENT
O'0400':11A
....'
6. Based on Information and belief, the Ktatement which I have marked below Is true In relation to the entity
submitting this sworn statement. [Indicate "hlch .tlltement applies.)
_ Neither the entity submiuingthls sworn statement, nor any of its omcers, directors, executives,
partners, shareholders, employees, members, or agents who are active In the management of the entity, nor
any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
I, 1989. .
_ The entity submiuing this sworn statement, or one or more of Its omcers, directors, executives,
partners, shareholders, emploYee5, members, or agents who are active in the management of the entity, or
an amllale of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
_ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of . public entity crime subsequent to July
I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of florida,
Division of Administrative Hearin~ and the Final Order entered by the Hearing Officer determined that
it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list. laUnch R copy or the nnal order)
I UNDERSTAND TIIAT TilE SUBMISSION OF TillS FORM TO mE CONTRACl1NG OFFICER FOR mE
PUBLIC ENTI1Y IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC EN1TIY ONLY AND,
THAT TillS FORM IS VALID THROUGII DECEMBER 31 OF THE CALENDAR YEAR IN WIlICR IT IS nLED,
I ALSO UNDERSTAND TIlAT I AM REQUIRED TO INFORM TIlE PUBLIC ENTITY PRIOR TO ENTERING
INTO A CONTRACT IN EXCESS OF TIlE TIlRESIIOLD AMOUNT PROVIDED IN SECl10N m.OI?, unRIDA
STATUTES FOR CATEGORY TWO OF ANY CHANGE IN mE INFORMATION CONTAINED IN nus FORM.
[slpRture]
Sworn to and subscribed before me this
day of
.19_.
Personally known
t
OR Produced identification
Notary Public - State of
My commission expires
(I'ype of identification)
(Printed typed or stamped
commissioned name of notary public)
END OF SECTION 004DO-11
PUBLIC ENTITY CRIMES STATEMENT
00400-11S
Form PUR 7068 (Rev. 06/18192)
AlP 3-12-0044-09
WPI 6826631/6826747
~~N!R.OE COUNTY
BID BOND
(NOT TO BE FILLED OUT IF A CERTIFIED CHECK IS SUBMITTED)
KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned
, as Principal, and
a Corporate Surety
authorized under the laws of the State of to do busi-
ness in the State of and authorized to write this
type of bond through a resident agent of the corporation located
in the state of , as surety, are held and firmly bound
unto ~.1onroe Count-y in the sum of
($
made,
heirs,
for the payment of which, well and truly to be
we hereby jointly and severelly bind ourselves and our
executors, administrators, successors and assigns.
The condition of the above obligation is such that if the
attached bid of
for the
improvement of airport facilities stipulated in said bid in
accordance with the plans and specifications provided therefor,
is accepted and the contract awarded to the above named bidder,
and the said bidder shall within 120 days after notice of
said award enter into a contract in writing and furnish the
required public construction bond with surety, or sureties, to be
approved by Monroe ~ounty. this obligation shall be void.
Otherwise, the same shall be in full force and virture of law,
and the full amount of this bid bond will be paid to
Monroe County _ as stipulated for
liquidated damages.
Signed this ____ day of
(Principal must indicate
whether corporation, partner-
ship, company or individual)
, 19
Principal
THIS PERSON SIGNING SHALL IN
HIS OWN HANDWRITING SIGN THE By:
PRINCIPAL'S NAME, AND HIS TITLE.
BY WHERE THE PERSON SIGNING FOR
A CORPORATION IS OTHER THAN THE
PRESIDENT OR VICE PRESIDENT, HE
MUST, BY AFFIDAVIT AS CONTAINED
~EREIN, SHOW HIS AUTHORITY TO
. BIND THE CORPORATION.
Title
Surety
BIC BOND
OCIlOO-12A
AlP 3-12-0044-09
WPI 6826631/6826747
MONROE COUNTY
BOND AFFIDAVIT
(IF APPLIC.A.8LE)
state of Florida
County of
Before me, the undersigned authority, personally appeared
, who, being duly sworn, deposes and says
that he is a duly authorized (resident) (non-resident) insurance
agent, properly licensed under the laws of the state of
and the state of Florida, to represent of
(company name)
,
a company authorized to make corporate surety bonds under the
laws of the state of Florida.
Said
as Attorney-in-Fact for the said
signed the attached Bond in the sum
$
covering
F.A.A. Project No. AlP 3-12-Q044-09
6826747, Monroe County, Florida.
further certifies that
, he has
of
, on behalf of
, W. P. I. proj ect No. 6826631/
Said further certifies that the premium
on the said Bond is ,
which will be paid in full direct to him as Attorney-in-Fact and
included in his regular accounts to the said
, and that he will receive his regular commission
of % as Attorney-in-Fact for the execution of said Bond and
that his commission will not be divided with anyone except as
follows, % to (company name), who
is duly authorized resident insurance agent and properly licensed
under the laws of the State of Florida.
Countersigned:
(Florida)Resident Agent
Agent and Attorney-in-Fact
Acknowledgement for Attorney-in-Fact
Sworn to and subscribed before
me this day of
A.D. 19
Notary Public, state of
My Commission Expires
END OF SECTION 00400-12
BID BOND
00400-12B
SWORN STATEMENT UNDER ORJHNANCE NO. 10-1990
MONROE COUNTY, FloOR I DA
ETHICS CLAUSE
warrants that he/it has not employed,
retained or otherwise had act on his/.its behalf any former County officer
or employee in voliation of Section 2 of Ordinance No. 10-1990 or any
County officer or employee in violation of Section 3 of Ordinance No.
10-1990. For breach or violation of this provision the County may, in
its discretion, terminate this contract without liability and may also,
in its discretion, deduct from the contract or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage,
gift, or consideration paid to the fonner County officer or employee.
(signature)
Date:
STATE OF
COUNTY OF
PERSONAl,LY APPEARED BEFORE ME; the undersi gned authori ty,
who, aft~r first bejng sworn by me,
affixed his/her signaltn-e (name of individual signing) in the space.
provide~ above on this
.day of
, 19
NOTARY PUBLIC
My commission expires:
END OF SECTION 00400-13
ETH I CS CLAUSE
004,Qo..13
MCP#4 REV. 6/91.
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
. FOR ALL
CONTRACTS WITH
MONROE COUNTY, FLORIDA
The Contractor covenants and agrees to indemnify and hold
harmless Monroe County Board of County Commissioners from any and
all claims tor bodily injury (including death), personal injury,
and property damage (including property owned by Monroe County)
and any other losses, damages, and expenses (including attorney's
fees) which arise out of, in connection with, or by reason of
services provided by The Contractor or any of its
subcontractor(s) in any tier, occasioned by the negligence or
other wrongful act or omission of The Contractor or its
subcontractor(s) in any tier, their employees, or agents.
The first ten dollars ($10.00) of remuneration paid to the
Contractor is for the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere
within this agreement.
-.
'-
CONTRACTOR
(Signature)
(Printed name and title)
END C~ 'ECTION 00400-14
I.
HOLr ~IJ\R~LESS
0040C-14
NONCOLLUSION AFFIDAVIT
I, of the city of
according to law on my oath, and under penalty of perjury, depose and say that;
1.) I am of the fi rm of
the bidder making the proposal for the project described as follows:
CONSTRUCTION OF NEW PASSENGER TERMINAL BUILDING
AND ASSOCIATED EMERGENCY GENERATOR AND CHILLER BUILDING
FOR THE MARATHON AIRPORT, MONROE COUNTY, FLORIDA
AlP PROJECT NO. 3-12-0044-09/WPI 6826631/6826747
2.) the prices in this bid have been arrived at independently without
collusion, consultation, communication or agreement for the purpose of
restricting competition, as to any matter relating to such prices with any other
bidder or with any competitor;
3.) unless otherwise required by law, the prices which have been quoted
in this bid have not been knowingly disclosed by the bidder and will not
knowingly be disclosed by the bidder prior to bid opening, directly or
indirectly, to any other bidder or to any competitor; and
4.) no attempt has been made or will be made by the bidder t induce any
other person, partnership or corporation to submit, or not to submit, a bid for
the purpose of restricting competition;
5.) the statements contained in this affidavit are true and correct, and
made with full knowl edge that Monroe County re 1 i es upon the truth of the
statements contained in this affidavit in awarding Contracts for said project.
(Signature of Bidder)
STATE OF
DATE
COUNTY OF
PERSONAllY APPEARED BEFORE ME, the undersigned authority,
(name of individual signing) who, after first being
sworn by me, affixed his/her signature in the space provided above on this
day of , 19
NOTARY PUBLIC
By commission expires:
END OF SECTION 00400-15
NONCOLLUSION AFFIDAVIT
00400-15
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FOR
VENDORS SUBMITTING
PROPOSALS FOR
WORK
To assist in the development of your proposal, the insurance
coverages marked with an "X" will be required in the event an
award is made to your firm. Please review this form with your
insurance agent and have him sign it in the place provided. It
is also required that the bidder sign the form and submit it with
each proposal.
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
Workers' Compensation
Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
Federal Jones Act
Federal Employers'
Liability Act CFELA)
INSURANCE CHECKLIST
00400-16A
Statutory Limits
$100,000/$200,000
$200,000/$500,000
$500,000/$1,000,000
Same as Employers'
Liability
Same as Employers'
Liability
Same as Employers'
Liability
GENERAL LIABILITY
As a minimum, the required general liability coverages will
include:
o Premises Operations
o Blanket Contractual
o Expanded Definition
of Property Damage
o Products and Completed Operations
o Personal Injury
o Medical Payments
Required Limits:
GL1
$100,000 per Person: $300,000 per Occurrence
$50,000 Property Damage: $5,000 Med. Payments
or
$300,000 Combined Single Limit: $5,000 Med.
Payments
$250,000 per Person: $500,000 per Occurrence
$50,000 Property Damage: $5,000 Med. Payments
or
$500,000 Combined Single Limit: $5,000 Med.
Payments
$500,000 per Person: $1,000,000 per Occurrence
$100,000 Property Damage: $5,000 Med. Payments
or
$1,000,000 Combined Single Limit: $5,000 Med.
Payments
Required Endorsement:
GL2
GL3
x
GLXCU
x
Underground, Explosion and Collapse (XCU)
Liquor Liability
GLLIQ
All endorsements are required to have the same limits as the basic
policy.
I
.
INSURANCE CHECKLIST
00400-16B
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
o Owned: Nonowned: and Hired Vehicles
o Medic~l Payments
Required Limits:
VL1
$50,000 per Person: $100,000 per Occurrence
$25,000 Property Damage: $5,000 Medical Payments
or
$100,000 Combined Single Limit: $5,000 Medical
Payments
VL2
$100,000 per Person: $300,000 per Occurrence
$50,000 Property Damage: $5,000 Medical Payments
or
$300,000 Combined Single Limit: $5,000 Medical
Payments
VL3
x
$500,000 per Person: $1,000,000 per Occurrence
$100,000 Property Damage: $10,000 Medical Payment:
or
$1,000,000 Combined Single Limit: $10,000 Medical
Payments
MISCELLANEOUS COVERAGES
Builders'
Risk
Motor Truck
Cargo
Professional
Liability
Pollution
Liability
Employee
Dishonesty
Garage
Keepers
INSURANCE CHECKLIST
004CO-16C
Limits equal to the
completed project.
Limits equal to the maximum
value of anyone shipment.
$500,000 per Occurrence
$1,000,000 per Occurrence
$2,000,000 per Occurrence
$500,000 per Occurrence
$1,000,000 per Occurrence
$2,000,000 per Occurrence
$100,000
$200,000
$ 300,000 ($25,000 per Veh)
$ 500,000 ($100,000 per Veh)
$1,000,000 ($100,000 per Veh)
MED1 Medical $ 500,000
MED2 Professional $1,000,000
MED3 $5,000,000
IF Installaion Maximum value of Equipment
Floater Installed
VLP1 Hazardous $100,000 (Requires MCS-90)
VLP2 Cargo $500,000 (Requires MCS-90)
VLP3 Transporter $1,000,000 (Requires MCS-90)
BLL Bailee Liab. Maximum Value of property
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
BIDDERS STATEMENT
I understand the insurance that will be mandatory if awarded the
contract and will comply in full with all the requirements.
Bidder
Signature
END OF SECTION 00400-16
INSURA~CE CHECKLIST
00400-16D