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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. Page 1 of 14 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." Page 2 of 14 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." Page 3 of 14 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 Page 4 of 14 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 Page 5 of 14 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.- Page 7 of 14 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, Page 8 of 14 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. Page 9 of 14 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 Page 11 of 14 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." Page 12 of 14 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. Page 13 of 14 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 Page 14 of 14 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 SUPPLEMENTARY CONDITIONS 00800-8 ADDENDUM NO. 1 5910861-000 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: SUPPLEMENTARY CONDITIONS 00800-9 ADDENDUM NO. 1 5910861-000 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: SUPPLEMENTARY CONDITIONS 00800-10 ADDENDUM NO. 1 5910861-000 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: SUPPLEMENTARY CONDITIONS 00800-11 ADDENDUM NO. 1 5910861-000 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 00800-12 ADDENDUM NO. 1 5910861-000 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 00800 -13 ADDENDUM NO. 1 5910861-000 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 00800-14 ADDENDUM NO. 1 5910861-000 (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 00800-15 ADDENDUM NO. 1 '~ 5910861-000 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) . SUPPLEMENTARY CONDITIONS 00800-16 ADDENDUM NO. 1 5910861-000 (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: w u '" ... IJl IJl ~ ... ~ w ... a: ~ ~ o Q .JIW.JI;;J TOP OF SLAB EL.99'-10" N\~ = 0 n, I .. 2"+ ~2""\~- ~. ._._~t<s>- -.-. C.C.J.' I ... . -,~ . ...~ 0.. ~ \0 ::- 0-.. 1-=2~ ......'~ d - 'Q'" , .. n . . '<1' " _ _ _ _ _ _ _ _ _ -I' _ _ - - - - -- I C.C.J. TYPI CAL fQ COL. LI NE ' '., II TOP OF CO C. EL. 98'-81/41 I t -. . . .. .. .. .. .. -..-..- "il-' ~~ ..-.: . II! -\h . TI:J~,_ ~: EL 9~-..~g" , I' q-tJ .... 2ft I " I ~ ~ ~ 3'-5~ 5'-6"Y 5'-6" 3'-( I I I TOP OF CONC. E L. 98 I -I 0 '/4 - . a.. ::- I- , ,1 2-0 -rVP , J" --.JJJV GL tfG. "<5 ~Q .. I OJ = . 00.. I ::- :"'1- --- -- ----- ------...--.-. ~~=~ro.~eOUND fLOOR PLAN----- ADDeNDUM No# I PROJECT DRAWN JAS MARATHON A/2PO~i rU/rflffAI:. CHECKED MONI2.0€ COUNTY; Flu__ 213P DATE 7-31,,'12,. JOB NO. GIlI-08r;,-'DO SHEET A 00-// ;'3"- Z~ BINI. ReynoldS, smttIn tills, Inc. AtdIi*lft, r........ Md PInq 319315 \8 P & BO . TOP OF SLAB EL. 99' -I A" I C.C.J. "I .'6. 13'-6" = I" v / I , = n v I , (II V I .. ,.." -.J C.C.J. . I , 1" -_ //0./'1, $ L. 9 ~-. 7 ~ , - 6.1 5' - 6 " ~ ~ ,I,. /1 --'8 PVC-PIP4 . ~t,t!5v4' - , . - . . - . . - . ~ . . - ~. , f . '~ k' -\~ "--- 7/1 I /I-IV- cL. '15-+8 , If '1-0 " PAe T GR.OUND FLOOR. PLAN ;a H .~J)- 0 I' AODfENDUM No, J BIHL PROJECT DRAWN MAIZA TJ.(OAJ AI2PO~TreeMINAL CHE;~ MONJ!fJ6 CCJu/tJ TY FL, ~8P / DATE 7-31- q Z. JOB NO. 5'lI-oab/- SHEET ACD-V /5-2 Reynolds, SnalIIId tlDl.lnc. Attft~ E/9i.-~'If nJ Pf1ming 15- ROOF DRAIN . . -..-[8..-CD A ~ PLAN FINISHED/EXISTING GRADE 15- ROOF DRAIN INV. EL /33 SECTION A-A B.... RDItaJJS.SlllTH ,. IIUSC Building Package New Termllllll FlclIIty for Marathon Airport Monroe CoUDty, Florida ARCHI TECTS ENGlt&R5 PUNIIEIlS A ~ BUND FLANGE FOR CISTERN (Sf SffE CONTRICfORJ ORAWNTNP A~DD.I OECItED RF P-3A DATE FilE 08/06/92 5910861000 MARATHON AIRPORT NEW TERMINAL BUILDING PRE-BID MEETING AUGUST 3, 1992 ATTENDEES NAME Co. PHONE NO. 305 - 2'4 -bPd, 9- ~o~ -:t.'''-2 SS; '" J l / 1 MARATHON AIRPORT NEW TERMINAL BUILDING PRE-BID MEETING AUGUST 3, 1992 ATI"ENDEES NAME COMPANY GC/SUB/SUP PHONE NO. /~ ~r~ ~_ _ '2--? ~ t+- ~Ar-k~ ~O'-{ ~71 Z-Y?6 MIl /);:"/4 ~/1,rl r1i' /tt' ; Iv ~ '1 q.C- '~()5--U Z-?Y6"~ 'D~ FULL~J\,. 11 - ~ · f'..J,-",/WH't c... 3.::....t''" .1414.\ R(2.A~ \2Gl;l\ 'i2-<;"~\-\.. CJo"( l. 7 "1- 2..2-bb /') Hn~,QC)r CCJLh~ 1'). ., ...~IJ~ ~ 3C>S -:J.q ~ .. ''is I 0 \lE IER ~~mrJ A!2 T 5 K'~L'-v I' " ) IJ. r:. /l I /2 floll1J 5(..)S~~~. 72.2 ~ P W .{;e !f~rJ '7lD'i)T- TA ,'c....t..ftSlc~ ~ '..rl '7u'/-").J.. - r:J. ~ b ~"""r'''''''.fZ r" Lc,.j b 1'1 J tJ$' r])()-r:. W'J J4111/ i/J../J/in OAf {l._L ""AAd /](1':J-) 371-S-?/2 _/ PL.AlTG'"tP FKF/ RPLJ .' / (30\-~S2.- /\l~) T " ,v.. . ? ;::; v {... , t I CI9~i- I I I ' ( I ( II ~f)~~\lP r:-~E.C II 1 J Cu.j J J~, V._!-IJt. 1= DV T, MIJIh1; J V;:If/n-. 30S .J7).S'rt'<r ~~' \Q., "( ~,u, \I~1... 'f'DO\ - ~~ ~.. - . 3()-:'- ~IO- S\.lc..~ -- ~ - ~ A ~A t( ~ 3 /.j A,n. ~ur ~ ev- /le- :?CY;UP/ 0 Iff =- ~ - .... /.1. ~ _ AaJ , 3()~ '1...610/4-1 /J xJA.J-"':'~"' 9J&. ~c- DA..-J rL..AA~J 12. S'i: f:+ . Qo4- 2.79 2:,Sb €..N~ IL I I 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. 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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