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Agenda 02/14/2012 Item #16G2 Proposed Agenda Changes Board of County Commissioners Meeting February 14,2012 Withdraw Item 10A: Recommendation to award Contract#12-5801R for the construction of the Collier Area Transit Intermodal Transfer station at the Government Center to Lodge Construction, Inc.,in the amount of$3,697,475. (Staffs request due to intent to protest the award of the contract) Withdraw Item 10B: This item continued from the January 10,2012 BCC Meeting. Recommendation to approve Change Order No.2 to Contract# 10-5206,with Atkins North America,Inc.,for Design Services for Collier Area Transit Transfer Station,in the amount of$99,900 for redesign and post design services,and to extend the contract by six hundred seventy seven(677)days to account for the inclusion of construction and the completion schedule;and to authorize the Chairman to execute the change order. (Staffs request in conjunction with Item 10A) Continue Item 13B1 to the February 28.2012 BCC Meeting:Recommendation to award Contract No. 11-5705-Gateway Triangle Residential Area Tertiary Stormwater System Improvements to Douglas N.Higgins,Inc.in the amount of$1,731,977,to approve all necessary budget amendments and authorize the Chairman to sign the standard Board approved contracts after legal review by the Office of the County Attorney.(Fiscal Impact to CRA:$219,500) (Staffs request due to delay in extension letter arrival from Department of Economic Opportunity-Tallahassee) Continue Item 16A8 to the February 28.2012 BCC Meeting: This item requires that ex parte disclosure be provided by Commission members.Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve for recording the final plat of Arthrex Commerce Park, which has been revised from the plat which was approved by the Board of County Commissioners on December 13,2011,approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. (Staffs request to continue working with applicant to address staff comments on the plat and construction plans) Continue Item 16B1 to the February 28.2012 BCC Meeting:Recommendation for the Community Redevelopment Agency(CRA)to approve and execute a Site Improvement Grant Agreement between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area.(3042 Cottage Grove Avenue-Fiscal Impact:$2,258.33) (Staffs request after discussion with Clerk's auditor) Continue Item 16B2 to the February 28.2012 BCC Meeting:Recommendation for the Community Redevelopment Agency(CRA)to approve and execute a Site Improvement Grant Agreement between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area.(2718 Gulfview Drive- Fiscal Impact:$8,000) (Staffs request after discussion with Clerk's auditor) Move Item 16B3 to Item 13B2: Recommendation for the Community Redevelopment Agency(CRA) to approve and execute a Commercial Building Improvement Grant Agreement between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area.(2464 Kirkwood Avenue-Fiscal Impact $7,787.50) (Commissioner Hiller's request) Move Item 16B4 to Item 13B3: Recommendation for the Community Redevelopment Agency(CRA)to approve and execute a Landscape Improvement Grant Agreement between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area.(2416 Florida Avenue-Fiscal Impact: $987.05) (Commissioner Hiller's request) Proposed Agenda Changes Board of County Commissioners Meeting February 14,2012 Page 2 Move Item 16D4 to Item 101: Recommendation to approve a time extension amendment to an existing Subrecipient Agreement with Goodwill Industries of SW Florida,Inc.in order to complete renovations at the Roberts Ranch Center in Immokalee. (Commissioner Hiller's request to move item/Commissioner Coletta and Commissioner Coyle's request to show corrected name) Move Item 16D5 to Item 10J: Recommendation to approve a change in Project Scope and a time extension to an existing Subrecipient Agreement with Big Cypress Housing Corporation in order to complete upgrades at Main Street Village in Immokalee,Florida. (Commissioner Hiller's request) Move Item 16E3 to Item 10K: Recommendation to approve a Resolution authorizing the Commission Chairman to execute Deed Certificates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2012 calendar year. (Commissioner Hiller's request) Move Item 16F1 to Item 10L: Recommendation to approve revisions to the Tourist Development Council(TDC)guidelines for payment or reimbursement of expenses related to attracting group meetings to Collier County,and for County Finance to pay expenses covered by these guidelines up to an annual total program cost of$150,000. (Commissioner Hiller's request) Move Item 16G2 to Item 13A1: Recommendation that the Board of County Commissioners, acting as the Airport Authority, award Bid No. 12-5824 Immokalee Runway 18-36 Lighting Rehabilitation in the amount of$148,341 to Airfield Western, LLC. (Commissioner Hiller's request) Time Certain Items: Item 12A to be heard at 10:00 a.m. Item 9K to be heard at 1:30 p.m. Note: Item 9D: Alice J.Carlson,Appointment of member to the Industrial Development Authority, should be listed as living in District 4,not District 3 as indicated in the Executive Summary. 2/14/2012 2:13 PM 2/14/2012 Item 16.G.2. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, acting as the Airport Authority, award Bid No. 12 -5824 Immokalee Runway 18 -36 Lighting Rehabilitation in the amount of $148,341 to Airfield Western, LLC. OBJECTIVE: To enhance safety by improving the reliability of taxiway and runway lighting systems at the Immokalee Regional Airport. CONSIDERATIONS: The Collier County Board of County Commissioners (BCC) accepted a grant from Florida Department of Transportation (FDOT) to install new Runway End Identify Lights (REIL), and Precision Approach Path Indicators (PAPI), and replace main edge lighting power cable on Runway 18 -36, the rotating beacon, and faulty connectors and transformers for Taxiway A' at the Immokalee Regional Airport on April 12, 2011, Agenda Item 16G2. In accordance with Purchasing Policy and FDOT grant assurances, the Airport Authority solicited Bids for this project on December 13, 2011. Email notices were sent to 1,550 firms, the package was downloaded by 93 firms, and three contractors submitted bids as follows: Contractor Total Bid Airfield Western, LLC $148,341.00 H.L. Pruitt Construction $258,610.00 Gulf State Electric, Inc. $312,401.00 Engineer's Estimate $270,550.00 The lowest, qualified, responsive bidder meeting specifications, Airfield Western, LLC is approximately forty-five percent (45 %) below the engineer's estimate for the project. The difference in cost is evenly distributed among most of the bid items. The project engineer and purchasing representative participated in a conference call with representatives of Airfield Western, LLC to verity that they could successfully complete the project for the amount bid, and concluded that the contractor demonstrated "very good knowledge of the project scope," and "confirmed the ability to complete the project within the price bid." Airfield Western, LLC has completed airfield lighting projects throughout the country, including a taxiway lighting project at the Melbourne International airport, valued at over $500,000. The project engineer, Hole Montes, recommends that the contract for the Runway 18 -36 Lighting Rehabilitation project be awarded to Airfield Western, LLC for the sum of $148,341. FISCAL IMPACT: Funds in the amount of $148,341 are available for this project as follows: Airport Grant Fund 498 $118,672.80 Airport Match Fund 499 in project 33079, $29,668.20 Immokalee Rehabilitation 18/36 Lights TOTAL $148,341.00 Packet Page -2050- 2/14/2012 Item 16.G.2. The above project is expected to be completed within approximately one hundred (120) days from commencement date of the Notice to Proceed. The expected useful life of this project is ten (10) years, subject to the amount of use and changes to Federal Aviation Administration lightings standards. The estimated annual operating costs/budget is $1,200. This includes bulb replacement, unit cleaning and servicing, and projected electrical costs. The cost breakdown of the estimated operating costs is: Personnel Costs $ 700 Operating and Maintenance $ 500 Est. Total Annual Operating Cost $1,200 The annual operating costs of $1,200 will be in our annual budget request each year beginning in FY2013. GROWTH IMPACT: There is no growth impact associated with this Executive Summary ADVISORY BOARD RECOMMENDATION: This item is on the February 6, 2012 Airport Advisory Board Agenda. It is anticipated that the Advisory Board will recommend that bid #12 -5824 Immokalee Runway 18 -36 Lighting Rehabilitation in the amount of $148,341 be awarded to Airfield Western, LLC. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. RECOMMENDATION: That the Board of County Commissioners, acting as the Airport Authority, awards Bid No. 12 -5824 Immokalee Runway 18 -36 Lighting Rehabilitation in the amount of $148,341 to Airfield Western, LLC and authorizes the Chairman to execute the attached contract after final review by the County Attorney. Prepared by Chris Curry, Executive Director, Collier County Airport Authority Packet Page -2051- 2/14/2012 Item 16.G.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.G.2. Item Summary: Recommendation that the Board of County Commissioners, acting as the Airport Authority, award Bid No. 12 -5824 Immokalee Runway 18 -36 Lighting Rehabilitation in the amount of $148,341 to Airfield Western, LLC. Meeting Date: 2/14/2012 Prepared By Name: BrueggemanDebra Title: Operations Coordinator, Airport Authority 2/2/2012 2:35:50 PM Submitted by Title: Executive Director - Airport Authority,Airport Authority Name: CurryChris 2/2/2012 2:35:52 PM Approved By Name: BrueggemanDebra Title: Operations Coordinator, Airport Authority Date: 2/2/2012 4:00:16 PM Name: WoodLyn Title: Contracts Special ist,Purchasing & General Services Date: 2/2/2012 4:09:10 PM Name: CarnellSteve Title: Director - Purchasing /General Services,Purchasing Date: 2/2/2012 4:32:15 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 2/2/2012 4:42:55 PM Packet Page -2052- Name: KlatzkowJeff Title: County Attorney, Date: 2/6/2012 4:33:12 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 2/7/2012 12:53:44 PM Name: OchsLeo Title: County Manager Date: 2/7/2012 2:53:24 PM Packet Page -2053- 2/14/2012 Item 16.G.2. M MM 2/14/2012 Item 16.G2 HOLE MONTES ENGINEERS -PLANNERS SURVEYORS OV&SWE ARCH rECiS 6200 Whiskey Creek Drive - Fori Myers, Florida 33919 - Phone: 239.985.1200 - Fax: 239.985.1260 January 24, 2012 Mr. Chris Curry Executive Director Collier County Airport Authority 2005 Mainsail Dr. Naples, FL 34114 RE: Immokalee Regional Airport Runway 18 -36 Lighting Rehabilitation FDOT -FM# 494298 -1 -9401 County Sid # 12 -5824 HM #: 2010.043 Dear Mr. Curry: Bids for the construction of the referenced project were received on January 18, 2012. Three contractors submitted proposals as follows, along with the engineer's estimate. Contractor Base Bid Alternate Total Airfield Western, LLC. $ 100,988.00 $47,353.00 $148,341.00 H.L. Pruitt Construction. $ 181,480.00 $77,130.00 $258,610.00 Gulf State Electric, Inc. $ 203,322.00 $109,079.00 $312,401.00 Engineer's Estimate . $ 192,380.00 $78,170.00 $270,550.00 Attached is a detailed chart of the bid results. The lowest bidder, Airfield Western, Inc. its 45% below the engineer's estimate. The difference in cost is evenly distributed among most of the bid items. Airfield Western, LLC is based in Colorado and has preformed airfield lighting projects throughout the country. In Florida, Airfield Western completed a taxiway lighting project at the Melbourne international airport, valued over $500,000. The superintendent for the project is located in Georgia and has extensive experience with airfield lighting, including work at Cecil Field in Jacksonville and Melbourne International. He has worked with Airfield Western since 1998. Hole Montes also participated in a conference call with representatives of Airfield Western to verify that they could successfully complete the project for the amount bid. The contractor was able to demonstrate a very good knowledge of the project scope and of the airfield lighting equipment and confirmed the ability to complete the project within the price bid. It is my recommendation that the contract for the Runway 18 -36 Lighting Rehabilitation project be awarded to Airfield Western, LLC. for the sum of $148,341.00. 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Rockledge, FL 32955 Complete: 05/07/2007 Value: $506,861.44 Relocate Taxiway 'B" Montrose Regional Airport, Montrose, CO Oldcastle SW Group / United Companies Grand Junction, CO 81505 Complete: 07/14/2007 Value: $328,829.28 MALSR Cable Replacement Houma - Terrebonne Airport, Houma, LA U.S. D.O.T. - Federal Aviation Administration Fort Worth, TX 76137 -4298 Complete: 05/15/2007 Value: $121,142.00 Localizer /DME, Glide Slope, MALSR and PAPI to serve Runway 17 Tooele Valley Airport, Tooele, UT U.S. D.O.T. - Federal Aviation Administration Renton, WA 98055 Complete: 03/22/2008 Value: $817,028.00 Fabrication and Construction of a Platform and Associated Foundation and the Installation and Relocation of a Localizer, Glide Slope, RVR and DME to serve Runway 9 San Diego International Airport, San Diego, CA U.S. D.O.T. - Federal Aviation Administration Renton, WA 98055 Complete: 03/28/2009 Value: $1,120,017.00 1/5/2012 Packet Page -2056- 2/14/2012 Item 16.G.2. Immokalee Runway 18 -36 Lighting Rehabilitation Collier County Bid No. 12 -5824 Past Experience (Paragraph 20 -02 Prequalification) Install Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR), Runway 25 Eagle County Regional Airport, Eagle, CO Parsons Infrastructure & Technology Group Renton, WA 98055 Complete: 11/30/2007 Value: $614,310.00 Remote Communications Air -to- Ground (RCAG) Facility Center Municipal Airport, Center, TX Parsons Infrastructure & Technology Group Fort Worth, TX 76137 Complete: 02/08/2008 Value: $197,282.22 Schedule V: Electrical Lighting & Signage Eagle County Regional Airport, Eagle, CO Oldcastle SW Group / United Companies Grand Junction, CO 81505 Complete: 02118/2010 Value: $896,937.62 Construction of Cat I Localizer (LOC), Glide Sipe and Loop Cable, Runway 31 McAllen Miller International Airport, McAllen, TX U.S. D.O.T. - Federal Aviation Administration Fort Worth, TX 76137 -4298 Complete: 10/2412008 Value: $726,195.17 Runway 5L -23R NavAids Piedmont Triad International Airport, Greensboro, NC Michael Baker Engineering, Inc. Greensboro, NC 27409 Complete: 11/06/2009 Packet Page -2057- Value: $7,259,969.96 115/2012 Em 2/14/2012 Item 16.G.2. Immokalee Runway 18 -36 Lighting Rehabilitation Collier County Bid No. 12 -6824 Past Experience (Paragraph 20 -02 Prequalification) Safety Area Improvements Runway 9 -27 Reconstruction - Phase II Telluride RegionalAirport, Telluride, CO R. E. Monks Construction Company, LLC Fountain Hills, AZ 65269 Complete: 11/02/2009 Value: $1,745,949.11 Runway 6 -23 Lighting Rehabilitation Hopkins County Airport, Nucla, CO Jacobs Engineering Group, Inc. Denver, CO 80202 Complete: 10/30/2009 Value: $183,751.40 Hanger Access Taxiway Garfield County Airport, Rifle, CO Oldcastle SW Group / United Companies Grand Junction, CO 81505 Complete: 11/12/2009 Value: $26,450.40 Airfield Electrical Improvements Project and Associated Work Beaufort County (Lady's Island) Airport, Beaufort, SC W. K. Dickson & Co., Inc. Columbia, SC 29223 Complete: 07/22/2010 Value: $122,103.18 Relocation of Runway 03 -21 Navaids Manhattan Regional Airport, Manhattan, KS U.S. D.O.T. - Federal Aviation Administration Kansas City, MO 64106 Complete: 08/23/2010 Value: $927,443.34 1/5/2012 Packet Page -2058- 2/14/2012 Item 16.G.2. Immokalee Runway 18 -36 Lighting Rehabilitation Collier County Bid No. 12 -6824 Past Experience (Paragraph 20 -02 Prequalification) Safety Area Improvements Runway 9 -27 Reconstruction - Phase 111 Telluride RegionalAirport, Telluride, CO R. E. Monks Construction Company, LLC Fountain Hills, AZ 85269 Complete: 12/27/2010 Value: $388,356.10 RCAG Antenna Platform Modification Gunnison RCAG, Gunnison, CO Parsons Infrastructure & Technology Group Renton, WA 98055 Complete: 06/04/2010 Value: $69,284.96 Replacement of RCAG Antenna Towers Sarasota RCAG, Sarasota, FL U.S. D.O.T. - Federal Aviation Administration Atlanta, GA 30337 Complete: 04120/2011 Value: $108,997.00 Replace the HOU -D Remote Transmitter/Receiver (RTR) Site William P Hobby Airport, Houston, TX U.S. D.O.T. - Federal Aviation Administration Oklahoma City, OK 73125 -4929 Complete: 12/15/2011 Value: $714,383.12 Runway 8 -26 PAPI and Hold Signs Installation Michael J. Smith Field, Beaufort, NC Talbert & Bright, Inc. Wilmington, NC Complete: 07/14/2011 Value: $148,910.80 1/5/2012 Packet Page -2059- Immokalee Runway 18 -36 Lighting Rehabilitation Collier County Bid No. 12 -5824 Past Experience (Paragraph 20 -02 Prequaligcation) 16017: Apron Expansion. 16027: Reconstruct Runway 21 Bypass Taxiway Blake Field, Delta County, CO Mountain Valley Contracting, Inc. Grand Junction, CO Complete: 11/29/2011 Value: Response of: Airfield Western, LLC 66907 Solar Road Montrose, Colorado 81403 (970) 252 -1747 (Voice) (970) 252 -1106 (Fax) steve.petrie@afwestern.com �✓J Packet Page -2060- 2/14/2012 Item 16.G.2. $8,963.00 1/5/2012 2/14/2012 Item 16.G.2. 6 .0 Adrtaisb he Services DMsion Purchailg Immokalee Runway 18 -36 Lighting Rehabilitation COLLIER COUNTY BID NO. 12 -5824 COLLIER COUNTY, FLORIDA Lyn M. Wood, Procurement Strategist Email: lynwood@colliergov.net Telephone: (239) 252 -2667 Facsimile: (239) 252 -6593 Design Professional: Luc Carriere Hole Montes, Inc. 600 Whiskey Creek Drive Fort Myers, Florida 33919 Pudkeeg Deparinwit- 3327 Tamiami Trail East - Naples, Florida 34112.4901 - www.colliergov.net/purchasing 1 Construction Services Agreement: Revised 6/1/11 Packet Page -2061- 2/14/2012 Item 16.G.2. TABLE OF CONTENTS PUBLICNOTICE ......................................................................................... ..............................5 PART B - INSTRUCTIONS TO BIDDERS .................................................... ..............................7 DEFINITIONS ..............................7 SECTIONL ........................................................................... SECTION 2.PREPARATION OF BIDS ..... ............................... ..................... ..............................7 SECTION 3.BID DEPOSIT REQUIREMENTS ................................ ............................... " """""8 SECTION 4.RIGHT TO REJECT BIDS ......................... ............................... ..............................8 SECTION 5.SIGNING OF BIDS ..............................9 .................................................................... SECTION 6.WITHDRAWAL OF BIDS ......................................................... ..............................9 SECTION7.LATE BIDS ............................................................................... ..............................9 SECTION &INTERPRETATION OF CONTRACT DOCUMENTS ............................................. 9 SECTION 9.EXAMINATION OF SITE AND CONTRACT DOCUMENTS ... .............................10 SECTION 10.MATERIAL REQUIREMENTS .............................................. .............................10 SECTION ll.BID QUANTITIES .................................................................. .............................11 SECTION 12.AWARD OF CONTRACT ....................................................... .............................11 SECTION13.SALES TAX ............................................................................ .............................12 SECTION 14.EXCLUSION OF COUNTY PERMITS IN BID PRICES ......... .............................12 SECTION 15.USE OF SUBCONTRACTORS .......................... ............................... ...................12 SECTION 16.PROHIBITION OF GIFTS ...................................................... .............................13 SECTION17. LOBBYING .......................... .................................................. .............................14 SECTION 18.PUBLIC ENTITY CRIMES ......................... ........................... .............................14 SECTION19.SINGLE BID ........................................................................... .............................14 . SECTION 20.FDOT REQUIREMENTS . ..................................................... .............................14 BIDSCHEDULE .................. ................... .............................18 MATERIALMANUFACTURERS ............................................................... .............................19 LIST OF MAJOR SUBCONTRACTORS .................. ................................... .............................20 STATEMENT OF EXPERIENCE OF BIDDER ............................................ .............................21 TRENCHSAFETY ACT ............................................................................ ............................... 22 IMMIGRATION LAW AFFIDAVIT CERTIFICATION ............................... .............................23 BIDBOND ................................................................................................. ............................... 28 BIDDERSCHECK LIST ...................................................................... ............................... ...30 2 Construction Services Agreement: Revised 6/1/11 Packet Page -2062- 2/1412012 Item 16.G.2. CONSTRUCTIONAGREEMENT ................................................................ .............................31 SECTION LCONTRACTDOCUMENTS ...................................................... .............................31 SECTION2.SCOPE OF WORK ................................................................... .............................31 SECTION3.CONTRACT AMOUNT ............................................................ .............................31 SECTION4. BONDS .............................31 ..................................................................................... SECTION 5.CONTRACT TIME AND LIQUIDATED DAMAGES ................ .............................32 SECTION 6.EXHIBITS INCORPORATED .................................................. .............................34 SECTION7.NOTICES ................................................................................. ....................•........34 SECTION &PUBLIC ENTITY CRE% IES ...................................................... .............................35 SECTION9. MODIFICATION ..................................................................... .............................35 SECTION 1O.SUCCESSORS AND ASSIGNS ................................................ .............................35 SECTION11.GOVERNING LAW ................................................................ .............................35 SECTION12.NO WAIVER .............................35 .......................................................................... SECTION 13.ENTIRE AGREEMENT .......................................................... .............................36 SECTION14. SEVERABILITY ..................................................................... .............................36 SECTION 15.CHANGE ORDER AUTHORIZATION ................................... .............................36 SECTION16. CONSTRUCTION .................................................................. .............................36 SECTION 17.ORDER OF PRECEDENCE ..36 EXHIBIT A 1: PUBLIC PAYMENT BOND .................................................. .............................38 EXHIBIT A 2: PUBLIC PERFORMANCE BOND ........................................ .............................41 EXHIBIT B: INSURANCE REQUIREMENTS ............................................. .............................44 EXHIBIT C: RELEASE AND AFFIDAVIT FORM ....................................... .............................48 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ...... .............................49 EXHIBITE: CHANGE ORDER ................................................................... .............................53 EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................ .............................57 EXHIBIT H: GENERAL TERMS AND CONDIT IONS ................................. .............................59 LINTENT OF CONTRACT DOCUMENTS .................................................. .............................59 2.0;VESTIGATION AND UTILITIES .......................................................... .............................59 61 3. SCHEDULE ............................................................................................ ............................... 4.PROGRESS PAYMENTS .......................................................................... .............................61 5.PAYMENTS WITHHELD ......................................................................... .............................63 6.FINAL PAYMENT .................................................................................... .............................64 7.SLBMrrTALS AND SUBSTITUTIONS ..................................................... .............................64 8.DAILY REPORTS, AS- BUILTS AND MEETINGS .................................... .............................66 3 Construction Services Agreement: Revised 6/1/11 Packet Page -2063- 2/14/2012 Item 16.G.2. 9.CONTRACT TIME AND TIME EXTENSIONS ......................................... .............................67 10.CHANGES IN THE WORK ............................... ..............68 ILCLAIMSAND DISPUTES ....................................................................... .............................69 WORK .............................70 12.OTHER ....................................................................................... 13.INDEMNIFICATION AND INSURANCE ................................................ .............................70 14.COMPLI4,NCE WITH LAWS ................................................................. .............................71 15.CLEANUP AND PROTECTIONS ............................................................ .............................73 16. ASSIGNMENT ...................................................................................... ............................... 73 17.PERMITS, LICENSES AND TAXES ........................................................ .............................73 18.TERMINATION FOR DEFAULT ............................................................ .............................73 19.TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION .............................75 ............................... 76 20. COMPLETION ...................................................................................... 21. WARRANTY ......................................................................................... ............................... 76 22.TESTS AND INSPECTIONS .................................................................... .............................77 23.DEFECTIVE WORK ............................................................................... .............................78 24.SUPERVISION AND SUPERINTENDENTS ............................................ .............................79 25.PROTECTION OF WORK ..................................................................... .............................80 26. EMERGENCIES .................................................................................... ............................... 81 27.USE OF PREMISES ................................................................................ .............................81 ............................... 81 28. SAFETY ................................................................................................ 29PROJECTMEETINGS ............................................................................. .............................83 30.VENDOR PERFORMANCE EVALUATION ........................................... .............................83 31.MA.INTENANCE OF TRAFFIC POLICY ................................................ .............................83 32.SALES TAX SAVINGS AND DIRECT PURCHASE ................................. .............................84 33. SUBCONTRACTS ................................................................................. ............................... 85 35. SECURITY ............................................................................................. .............................88 36. VENUE ................................................................................................... .............................88 EXHIBIT 1: SUPPLEMENTAL TERMS AND CONDITIONS ...................... .............................91 EXHIBIT J: TECHNICAL SPECIFICATIONS ............................................ .............................92 EXHIBITK: -PERMITS ............................................................................... .............................93 EXHIBITL: STANDARD DETAILS ............................................................ .............................94 EXHIBIT M: PLANS AND SPECIFICATIONS .......................................... ............................... 95 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT ...............96 4 Construction Services Agreement: Revised 611/11 Packet Page -2064- i i Ar 1 • �r SFr - +_ � r PUBLIC NOTICE INVITATION TO BID Immokalee Runway 18 -36 Lighting Rehabilitation COUNTY BID NO. 12 -5824 Separate sealed bids for the construction of Immokalee Runway 18 -36 Lighting Rehabilitation, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 111th day of January, 2012, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non- mandatory pre -bid conference shall be held at the Immokalee Airport Terminal, at 3:00 p.m. LOCAL TIME on the 21st day of December, 2011, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Immokalee Runway 18 -36 Lighting Rehabilitation Bid No. 12 -5824 and Bid Date of January 11, 2012 ". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department E- Procurement website: www.collier-gov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and 5 Construction Services Agreement: Revised 6/1111 Packet Page -2065- 2/14/2012 Item 16.G.2. Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred twenty (120) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 13th day of December, 2011. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y Carnell C.P.M. Purchasing and General Services Director 6 Construction Services Agreement: Revised 6/1/11 Packet Page -2066- 2/14/2012 Item 16.G.2. PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his /her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner pages 17 - 30 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be Construction Services Agreement: Revised 6/1111 Packet Page -2067- 2/14/2012 Item 16.G.2. enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashier's check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, ail within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. if a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred twenty (120) days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute two (2) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. s Construction Services Agreement: Revised 6/1/11 Packet Page -2068- 2/14/2012 Item 16.G.2. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids low Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department at the County's On Line Bidding System at http: //bid.colliergov.net /bid /, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date.. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be issued on the County's On Line Bidding System at http: / /bid.coiliergov.net/bid/ no later than three 9 Construction Services Agreement: Revised 6/1/11 Packet Page -2069- 2/14/2012 Item 16.G.2. (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of the Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non- responsive or irregular if such materials are not specifically named by Bidder. 10 Construction Services Agreement: Revised 6/1111 Packet Page -2070- . Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than twenty -five percent (25 %) from the estimate at the time of bid. 11.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non - responsive and will not be considered for award. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 - Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Procurement Specialist of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said 11 Construction Services Agreement: Revised 611111 Packet Page -2071- ■ 2/14/2012 Item 16.G.2. notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at http://www.colliergov.net/index.aspx?paqe=762. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.6 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz,or_ /search.html). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permittfee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87 -25, 12 Construction Services Agreement: Revised 6/1/11 Packet Page -2072- 2/14/2012 Item 16.G.2. meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidder shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences:* a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 13 Construction Services Agreement: Revised 6/1/11 Packet Page -2073- 2/14/2012 Item 16.G.2. Section 17. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a proiect for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Section 18. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 19. Single Bid. Only one bid from a legal entity as a primary will be considered. A legal entity that submits a bid as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- contractor to any other firm submitting under the same ITB. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub - contractor to any other firm or firms submitting under the same ITB. All submittals in violation of this requirement will be deemed non - responsive and rejected from further consideration. Section 20. FDOT Requirements. This project is being funded by the State of Florida Department of Transportation (FDOT), under Contract Number AOV99. 14 Construction Services Agreement: Revised 611111 Packet Page -2074- 2/14/2012 Item 16.G.2. Following are pertinent sections of the Contract. A full copy of the Contract may be obtained by making a request to the Procurement Strategist responsible for this solicitation. 20.1 Each bid must be prepared in strict accordance with the requirements of Section 20 of the Division I - General Provisions of these specifications. 20.2 The Contractor shall comply with the following requirements and shall insert these requirements in all subcontracts. 20.2(a) Equal Employment Opportunity: In connection with the carrying out of this project, the Contractor shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Bidder agrees to abide by the requirements under Executive Order No. 11246, as amended, including specifically the provision of the equal opportunity clause set forth in the Supplemental General Conditions. 20.2(b) Prohibited Interests: No member, officer, or employee of the Owner or of the locality during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. 20.2(c) Restriction on Lobbying Contractor Federal: The Contractor agrees that no funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. State: No funds received pursuant to this contract may be expended for lobbying the Legislature or any state agency. 20.2(d) Disadvantaged Business Enterprise (DBE) Policy The Owner and its contractor(s) agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In 15 Construction Services Agreement: Revised 6/1!11 Packet Page -2075- 2/14/2012 Item 16.G.2. this regard, all recipients, and contractors shall take all necessary and F reasonable steps in accordance with 49 CFR, Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. The Owner, grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. The Owner and contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT - assisted contract or in the administration of its DBE program or the requirement of 49 CFR, Part 26. The Owner and contractors shall take all necessary and reasonable steps under 49 CFR, Part 26, as amended, to ensure nondiscrimination in the award and administration of DOT - assisted contracts. The Owner and contractors' DBE program, as required by 49 CFR, Part 26, as amended, and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Owner and contractors of their failure to carry out their approved programs, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and /or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.) 16 Construction Services Agreement: Revised 611/11 Packet Page -2076- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Immokalee Runway 18 -36 Lighting Rehabilitation BID NO. 12 -5824 Full Name of Bidder AIRFIELD WESTERN, LLC Main Business Address "507 Sdhh,c Q NM"Ac, (0 �I q 63 Place of Business Telephone No. R -70 Z Z I7 7 Fax No. 9-7o Z61 110.6 State Contractor's License # (3 0 0 y y s5, State of Florida Certificate of Authority Document Number M ay 00000'4 j Zo Federal Tax Identification Number 10-11-52-3117 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. 17 Construction Services Agreement: Revised 6/1111 Packet Page -2077- 2/14/2012 Item 16.G.2. BID SCHEDULE 12 -5428 - Immokalee Runway 18 -36 Lighting Rehabilitation BASE BID , '44, M Estimated U linitPnae Total or : xh ne em L- 108 -5.2 r Mobilization 1 LS $ 5,049.00 $5,049.00 Bare Counterpoise Wire Airport Rotating Beacon 1 EA $ 6,334.00 $6,334.00 L- 108 -5.1 Trenching for direct buried cable 6,200 LF $ 1.50 $9,300.00 L- 108 -5.2 1-8248, 5KV, Cable installed in trench or conduit L -824B, 600V Cable installed in trench or conduit Bare Counterpoise Wire 3,000 11,000 5,200 LF LF LF $ 1.00 $ 1.00 $ 1.13 $3,000.00 $11,000.00 $5,876.00 L- 108 -5.3 L- 108 -5.4 L- 109 -5.2 Airport Transformer Vault Modification Direction Bore - 4 EA. - 2" Conduit 1 100 LS LF $ 4,177.00 $ 18.90 $4,177.00 $1,890.00 L- 110 -5.1 L- 110 -5.2 Directional Bore - 2 EA. - 2" Conduit 200 LF $ 14.20 $2,840.00 L- 125 -5.1 Replace Isolation Transformer for Stake Mounted Twy. Edge Light 100 EA $ 109.00 $10,900.00 L- 125 -5.2 Replace Isolation Transformer in Base Mounted Ede Light 10 EA $ 95.00 $950.00 L- 125 -5.3 Replace Isolation Transformer for Signs 4 EA $ 188.00 $752.00 L- 125 -5.4 L -849 REIL System 1 EA $ 10,898 $10,898.00 L 125 -5.5 L -880 PANS stem Relocate Stake Mounted Twy. Edge Li ht 2 1 EA EA $ 13,971 $ '80.00. $27,942.00 $80.00 L- 125 -5.6 Sl1BTOTAL:BASE BID . - 5100 988.00 ALTERNATE L- 108.5.1 Trenching for direct buried cable 1,800 LF $ 1.50 $2,700.00 L- 108 -5.2 L -824B cable installed in trench of conduit 2,500 LF $ 1.00 $2,500.00 L- 108 -5.4 Bare Counterpoise Wire 600 LF $ 1.13 $678.00 L- 110 -5.3 Electrical Conduit - 1 EA - 2" Conduit 6,000 LF $ 1.59 $9,540.00 L- 115 -5.2 Electrical Junction Structure 9 EA $ 1,210.00 $10,890.00 L- 125 -5.1 Replace Isolation Transformer for Stake Mounted T . Ed a Li ht 35 EA $ 109.00 $3,815.00 L- 125 -5.2 Replace Isolation Transformer in Base Mounted Edge Light 52 EA $ 95.00 $4,940.00 L- 125 -5.6 Replace Isolation Transformer for Signs 4 EA $ 188.00 $752.00 L- 125 -5.4 L -849 REIL System 1 EA $ 10,898 $10,898.00 L- 125 -5.6 Relocate Stake Mounted Twy. Edge Light 8 EA $ 80 00 C $640 00 GRANDITOTAL'- 5U6TOTAL t3A5t tstu =rte �'.r ' Date: O/ / 7120/ 2 Firm Submitting Response: Signature: t'- t^"^' %t� UFO SQL Packet Page -2078- 2/14/2012 Item 16.G.2. MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON- RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and /or material is proposed and listed below and is not approved by Engineer /Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. ny bIf 61 _f Date: 0/// 7 Zo/ - Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. 19 Construction Services Agreement: Revised 6/1111 Packet Page -2079- 2/14/2012 Item 16.G.2. LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON - RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non - compliant or non - qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove /replace any Subcontractor, at no additional cost to Owner, which is found to be non - compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. 1. 2. 3. 4. 5. Major Category of Work Subcontractor and Address 6061 � 20 Construction Services Agreement: Revised 611/11 Packet Page -2080- STATEMENT OF EXPERIENCE OF BIDDER 1 The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect and Location Reference 1. p�Sc r4f �y G h GJtd 2. 3. 4. 5. LO I I r- 21 Construction Services Agreement: Revised 6/1/11 Packet Page -2081- 2, 2/14/2012 Item 16.G.2. immokalee Runway 18-36 Lighting Rehabilitation Collier County Bid No. 12 -5824 Past Experience (Paragraph 20-02 Prequalification) Taxiway Lighting Improvements Melbourne Intemational Airport, Melbourne, FL Airport Engineering Co., Inc. Rockledge, FL 32955 Complete: 05/07/2007 Value: $506,861.44 Relocate Taxiway "B" Montrose Regional Airport, Montrose, CO Oidcastie SW Group / United Companies Grand Junction, CO 81505 Complete: 07/14/2007 Value: $328,829.28 MALSR Cable Replacement Houma - Terrebonne Airport, Houma, LA U.S. D.O.T. - Federal Aviation Administration Fort Worth, TX 76137 -4298 Complete: 06 /15/2007 Value: $121,142.00 Localizer/DME, Glide Slope, MALSR and PAPI to serve Runway 17 Tooele Valley Airport, Tooele, UT U.S. D.O.T. - Federal Aviation Administration Renton, WA 98055 Complete: 03/22/2008 Value: $817,028.00 Fabrication and Construction of a Platform and Associated Foundation and the Installation and Relocation of a Localizer, Glide Slope, RVR and DME to serve Runway 9 San Diego International Airport, San Diego, CA U.S. D.O.T. - Federal Aviation Administration Renton, WA 98055 Complete: 03/28/2009 Value: $1,120,017.00 1/5/2012 Packet Page -2082- Immokalee Runway 18-36 Lighting Rehabilitation Collier County Bid No. 12 -5824 Past Experience (Paragraph 20-02 Prequalification) Install Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR), Runway 25 Eagle County Regional Airport, Eagle, CO Parsons Infrastructure & Technology Group Renton, WA 98055 Complete: 11/30/2007 Value: $614,310.00 Remote Communications Air -to- Ground (RCAG) Facility Center Municipal Airport, Center, TX Parsons Infrastructure & Technology Group Fort Worth, TX 76137 Complete: 02/08/2008 Value: $197,282.22 Schedule V: Electrical Lighting & Signage Eagle County Regional Airport, Eagle, CO Oldcastie SW Group / United Companies Grand Junction, CO 81505 Complete: 02/18/2010 Value: $896,937.62 Construction of Cat I Localizer (LOC), Glide Sipe and Loop Cable, Runway 31 McAllen Miller International Airport, McAllen, TX U.S. D.O.T. - Federal Aviation Administration Fort Worth, TX 76137 -4298 Complete: 10/24/2008 Value: $726,195.17 Runway 5L -23R NavAids Piedmont Triad International Airport, Greensboro, NC Michael Baker Engineering, Inc. Greensboro, NC 27409 Complete: 11/06/2009 Value: $7,259,969.96 1/5/2012 Packet Page -2083- 2/14/2012 Item 16.G.2. Immokalee Runway 18 -36 Lighting Rehabilitation Collier County Bid No. 12 -6824 Past Experience (Paragraph 20 -02 Prequalification) Safety Area Improvements Runway 8 -27 Reconstruction - Phase II Telluride RegionalAirpoit, Telluride, CO R. E. Monks Construction Company, LLC Fountain Hills, AZ 85269 Complete: 11/02/2009 Value: $1,745,949.11 Runway 5 -23 Lighting Rehabilitation Hopkins County Airport, Nucla, CO Jacobs Engineering Group, Inc. Denver, CO 80202 Complete: 10/30/2009 Value: $183,751.40 Hanger Access Taxiway Garfield County Airport, Rifle, CO Oldcastle SW Group / United Companies Grand Junction, CO 81505 Complete: 11/12/2009 Value: $26,450.40 Airfield Electrical Improvements Project and Associated Work Beaufort County (Lady's Island) Airport, Beaufort, SC W. K. Dickson & Co., Inc. Columbia, SC 29223 Complete: 07/22/2010 Value: $122,103.18 Relocation of Runway 03 -21 Navaids Manhattan Regional Airport, Manhattan, KS U.S. D.O.T. - Federal Aviation Administration Kansas City, MO 64106 Complete: 08/23/2010 Value: $927,443.34 1/5/2012 Packet Page -2084- Immokalee Runway 18 -36 Lighting Rehabilitation Collier County Bid No. 12 -5824 Past Experience (Paragraph 20 -02 Prequalification) Safety Area Improvements Runway 9 -27 Reconstruction - Phase III Telluride RegionalAirport, Telluride, CO R. E. Monks Construction Company, LLC Fountain Hills, AZ 85269 Complete: 12/27/2010 Value: $388,356.10 RCAG Antenna Platform Modification Gunnison RCAG, Gunnison, CO Parsons Infrastructure & Technology Group Renton, WA 98055 Complete: 06/04/2010 Value: $69,284.96 Replacement of RCAG Antenna Towers Sarasota RCAG, Sarasota, FL U.S. D.O.T. - Federal Aviation Administration Atlanta, GA 30337 Complete: 04/20/2011 Value: $108,997.00 Replace the HOU -D Remote Transmitter /Receiver (RTR) Site William P Hobby Airport, Houston, TX U.S. D.O.T. - Federal Aviation Administration Oklahoma City, OK 73125.4929 Complete: 12/15/2011 Value: $714,383.12 Runway 8 -26 PAPI and Hold Signs Installation Michael J. Smith Field, Beaufort, NC Talbert & Bright, Inc. Wilmington, NC Complete: 07/14/2011 Packet Page -2085- Value: $148,910.80 1/5/2012 2/14/2012 Item 16.G.2. I Immokalee Runway 18-36 Lighting Rehabilitation Collier County Bid No. 12 -5824 Past Experience (Paragraph 20 -02 Prequalification) 16017: Apron Expansion. 16027: Reconstruct Runway 21 Bypass Taxiway Blake Field, Delta County, CO Mountain Valley Contracting, Inc. Grand Junction, CO Complete: 11/29/2011 Value: Response of: AIRFIELD WESTERN, LLC $8,963.00 Airfield Western, LLC 66907 Solar Road Montrose, Colorado 81403 (970) 252 -1747 (Voice) (970) 252 -1106 (Fax) steve.petrie@afWestem.com 1/5/2012 Packet Page -2086- 2/14/2012 Item 16.G.2. TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) LF SY 1. rr\ u 2 3. 4. 5. TOTAL $ 0.60 Failure to complete the above may result in the Bid being declared non - responsive. AIRFIELD WESTERN, LLC "' "✓' �� t/L u S� Ike Date: 22 Construction Services Agreement: Revised 6/1/2011 Packet Page -2087- 2/14/2012 Item 16.G.2. _ Comer Cou�rty Admirgstra6Me sarvices Division Pur&esing Immigration Law Affidavit Certification Solicitation # and Title:12 -5824 — Immokalee Runway 18 -36 Lighting Rehabilitation This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E- Verify program may deem the Vendor t Bidder's proposal as non - responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's /Bidder's proposal. AIRFIELD WESTERN, LLC Company Name Print Name l�l c,n J . Title 01 Signature p� Date I) �/ � State of GI� County of 0'r-et me— The foregoing instrument was signed and acknowledged before me this / 7 A day of jaou cr i , 20 /?, by; 5 htrj Pe r, tie— (print or type name) who has produced G a t2riw -fs l-4 e ense- (type of identification and number) as identification. Notarytkblic Signature Printed ame of Nota Public AWI 1 IN 161 MMlSSI11 WIM fE IVIINVAN4 The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 23 Construction Services Agreement: Revised 6/1/2011 Packet Page -2088- 2/14/2012 Item 16.G.2. Company ID Number: 483157 THE E- VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Airfield Western LLC (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E- Verify). This MOU explains certain features of the E- Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E- Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1 -9). For covered government contractors, E- Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts or to verify the entire workforce if the contractor so chooses. Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104 -208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E -Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor with the FAR E- Verify clause ") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE 11 FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E- Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E- Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E -Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E- Verify program or such other persons or entities who may be authorized by SSA as governed Page 1 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify Packet Page -2089- 2/14/2012 Item 16.G.2. Company ID Number: 483157 by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S 1306(a)), and SSA regulations (20 CFR Part 401). 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfrrmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and non - citizens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for employees through E- Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: • Automated verification checks on employees by electronic means, and • Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E- Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E -Verify process. 3. DHS agrees to make available to the Employer at the E -Verify Web site and on the E -Verify Web browser, instructional materials on E- Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E- Verify. DHS agrees to provide training materials on E- Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E- Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration- Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of employees' employment eligibility and for evaluation of the E- Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Paoe 2 of 131 E- Verify MOU for Employer l Revision Date 09/01/09 www.dhs.govIE Verify Packet Page -2090- 2/14/2012 Item 16.G.2. Company ID Number: 483157 Nationality Act (1NA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non - match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E- Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E- Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E- Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E- Verify program as a condition of continued use of E- Verify. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1 -9 procedures, with two exceptions: If an employee presents a "List B" identity document, the Employer agrees to only accept "List 13" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1 -9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E- Verify at 888 - 464 -4218. - If an employee presents a DHS Form 1 -551 (Permanent Resident Card) or Form 1 -766 (Employment Authorization Document) to complete the Form 1 -9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1 -9. The photocopy must be of sufficient quality to allow for verification of the photo Page 3 of 13 1 E -Verify MoU for EMPIDyer I Revision Date 09/01/09 www.dhs.gov /E- Verify Packet Page -2091- 2/14/2012 Item 16.G.2. Company ID Number: 483157 and written information. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non - matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1 -9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E- Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1 -9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the 1NA with respect to Form 1 -9 procedures; except for the following modified requirements applicable by reason of the Employer's participation in E- Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in good faith compliance with the terms and conditions of E- Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E- Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1 -9 and E -Verify system compliance inspections during the course of E- Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E- Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after the Form 1 -9 has been completed), and to complete as many (but only as many) steps of the E- Verify process as are necessary according to the E- Verify User Manual, or in the case of Federal contractors with the FAR E- Verify clause, the E- Verify User Manual for Federal Contractors. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1 -9 completed. If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. Employers may initiate verification by notating the Form 1 -9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E- Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E- Verify procedures for pre - employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E- Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article 11.1), the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer Page 4 of 131 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.9ov1E- Verify Packet Page -2092- 2/14/2012 Item 16.G.2. -Verl fvi Company ID Number: 483157 uses the E- Verify system for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article Ill. below) regarding tentative nonconfirmations, including notifying employees in private of the finding and providing them written notice of the findings, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non - match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non - match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non -match or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E- Verify at 1- 888 - 464 -4218 or OSC at 1 -800- 255 -8155 or 1- 800 -237 -2515 (TDD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 2748 of the INA, as applicable, by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 27413(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E- Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound °foreign" or have received tentative nonconfrmations. The Employer further understands that any violation of the unfair immigration - related employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E- Page 5 of 13 1 E- Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov /E- Verify Packet Page -2093- 2/14/2012 Item 16.G.2. Company ID Number: 483157 Verify. If the Employer has any questions relating to the anti - discrimination provision, it should contact OSC at 1- 800 - 255 -8155 or 1 -800- 237 -2515 (TDD). 12. The Employer agrees to record the case verification number on the employee's Form 1 -9 or to print the screen containing the case verification number and attach it to the employee's Form 1 -9. 13. The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E- Verify and this MOU only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employers responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E- Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1 -9 and other employment records and to interview it and its employees regarding the Employer's use of E- Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E- Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FAR E- VERIFY CLAUSE 1. The Employer understands that if it is a subject to the employment verification terms in Subpart 22.18 of the FAR, it must verify the employment eligibility of any existing employee assigned to the contract and all new hires, as discussed in the Supplemental Guide for Federal Contractors. Once an employee has been verified through E- Verify by the Employer, the Employer may not reverify the employee through E- Verify. a. Federal contractors with the FARE Verify clause agree to become familiar with and comply with the most recent versions of the E- Verify User Manual for Federal Contractors and the E- Verify Supplemental Guide for Federal Contractors. b. Federal contractors with the FAR E- Verify clause agree to complete a tutorial for Federal contractors with the FAR E -Verify clause. c. Federal contractors with the FAR E- Verify clause not enrolled at the time of contract award: An Employer that is not enrolled in E- Verify at the time of a contract award must enroll as a Federal contractor with the FAR E -Verify clause in E- Verify within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E -Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, Page 5 of 131 E- Verify MOU for Employer I Revision Date 09/01109 www.dhs.gov /E- Verify Packet Page -2094- .... 2/14/2012 Item 16.G.2. Company ID Number: 483157 whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E- Verify as a Federal contractor with the FAR E -Verify clause, the Employer must initiate verification of employees assigned to the contract within 90 calendar days from the time of enrollment in the system and after the date and selecting which employees will be verified in E- Verify or within 30 days of an employee's assignment to the contract, whichever date is later. d. Employers that are already enrolled in E -Verify at the time of a contract award but are not enrolled in the system as a Federal contractor with the FAR E- Verify clause: Employers enrolled in E- Verify for 90 days or more at the time of a contract award must use E- Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. Employers enrolled in E- Verify as other than a Federal contractor with the FAR E -Verify clause, must update E- Verify to indicate that they are a Federal contractor with the FAR E- Verify clause within 30 days after assignment to the contract. If the Employer is enrolled in E- Verify for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E- Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor with the FAR E- Verify clause in E- Verify must initiate verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. e. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors with the FAR E- Verify clause that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors with the FAR E- Verify clause may, however, elect to verify all new hires, and /or all existing employees hired after November 6, 1986. The provisions of Article II.D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. f. Verification of all employees: Upon enrollment, Employers who are Federal contractors with the FAR E- Verify clause may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only new employees and those existing employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E- Verify verification of all existing employees within 180 days after the election. g. Form 1 -9 procedures for existing employees of Federal contractors with the FAR E- Verify clause: Federal contractors with the FAR E -Verify clause may choose to complete new Forms 1 -9 for all existing employees other than those that are completely exempt from this process. Federal contractors with the FAR E -Verify clause may also update previously completed Forms 1 -9 to initiate E- Verify verification of existing employees who are not completely exempt as long as that Form 1 -9 is complete (including the SSN), complies with Page 7 of 131 E- Verify MOU for Employer I Revision Date 09/01109 www.dhs.gov /E- Verify Packet Page -2095- 2/14/2012 Item 16.G.2. . ,.... �•' ''•Vtf vRH Company ID Number: 483157 Article II.C.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1 -9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1 -9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form 1 -9 complies with Article II.C.5, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form 1 -9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1 -9 consistent with Article II.C.5, or update the previous 1 -9 to provide the necessary information. If section 1 of the Form 1 -9 is otherwise valid and up -to- date and the form otherwise complies with Article 11.C.5, but reflects documentation (such as a U.S. passport or Form 1 -551) that expired subsequent to completion of the Form 1 -9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.5, subject to any additional or superseding instructions that may be provided on this subject in the Supplemental Guide for Federal Contractors. Nothing in this section shall be construed to require a second verification using E- Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor with the FAR E- Verify clause. 2. The Employer understands that if it is a Federal contractor with the FAR E- Verify clause, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by the E- Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a system - generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it Page 8 of 131 E- Verify MOU for Employer I Revision Date 09101/09 www.dhs.gov/E-Verify Packet Page -2096- 2/14/2012 Item 16.G.2. -Ve r i Company ID Number: 483157 determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the E- Verify system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in private. 2. If the Employer finds a photo non -match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non -match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. The Employer must review the tentative nonconfirmation with the employee in private. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non - match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll -free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non - match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non - match, the Employer will send a copy of the employee's Form 1 -551 or Form 1 -766 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (paid for at employer expense). 7. If the Employer determines that there is a photo non -match when comparing the photocopied List B document described in Article II.C.5 with the image generated in E- Verify, the Employer must forward the employee's documentation to DHS using one of the means described in the preceding paragraph, and allow DHS to resolve the case. Page 9 of 13 1 E -Verify MOU for Employer I Revision Date 09101/09 www.dhs.gov /E- Verify Packet Page -2097- 2/14/2012 Item 16.G.2. Company ID Number: 483157 ARTICLE IV SERVICE PROVISIONS SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E- Verify, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E- Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E- Verify program by DHS or SSA, including but not limited to the E- Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E- Verify User Manual, the E- Verify User Manual for Federal Contractors or the E- Verify Supplemental Guide for Federal Contractors. Even without changes to E- Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. An Employer that is a Federal contractor with the FAR E- Verify clause may terminate this MOU when the Federal contract that requires its participation in E- Verify is terminated or completed. In such a circumstance, the Federal contractor with the FAR E- Verify clause must provide written notice to DHS. If an Employer that is a Federal contractor with the FAR E- Verify clause fails to provide such notice, that Employer will remain a participant in the E- Verify program, will remain bound by the terms of this MOU that apply to participants that are not Federal contractors with the FAR E- Verify clause, and will be required to use the E- Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor with the FAR E -Verify clause, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. Page 10 of 13 1 E- Verify MOU for Employer I Revision Date 09/01109 www.dhs.gov /E- Verify Packet Page -2098- 2/14/2012 Item 16.G.2. Vr°i . Company ID Number: 483157 D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E- Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of 11RIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E- Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E- Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. Page 11 of 131 E -Verify MOU for Employer I Revision Date 08101109 www.dhs.gov /E- Verify Packet Page -2099- 2/14/2012 Item 16.G.2. 111A Ahm 'm Aw w .,.r Company ID Number: 483157 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. if you have any questions, contact E-Verify at 888 - 464 -4218. Page 12 of 131 E-Verify MOU for Employer I Revision Date 09/01 . 109 www.dhs.gov/E-Verify Packet Page -2100- 2/14/2012 Item 16.G.2. Company ID Number: 483157 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Dave P Hoops Telephone Number: (970) 252 -1747 Pax Number: (970) 252 -1106 E -mail Address: dave.hoops@afwestern.com Name: Brenda Moureaux Telephone Number: (970) 252 -1747 Tax Number: {970} 252-1106 E -mail Address: accounting@afwestern.com Page 13 of 13 1 E- Verify MOU for Employer i Revision date 09/01109 www.dhs.gov /E- Verify Packet Page -2101- 2/14/2012 Item 16.G.2. - Coder Co�lv�r>dty Ad rlri *ajw Se=w Division Purchasing COLLIER COUNTY SOLICITATIONS SUBSTITUTE W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name AIRFIELD WESTERN, (as shown on income tax return) Business Name (if different from taxpTr name) n city A e b n S� Address (06010 Off(, r- (wct f "- State LOA or-r -A o Zip L v r Telephone q-7 0 Z'S Z 1% -t7 FAX a '70 X57- 1 < 0 (0 Email 9L« ^`h�6 Order Information Address S! rkf City State Zip FAX Email _ 1 S f7 rvr ham!' ar�w�S, • CA/�^- 2. Company Status (check only one) Individual / Sole Proprietor Remit / Payment Information Address SG — City State Zip FAX Email QGCoW117/1¢� _Partnership _Tax Exempt (Federal income tax - exempt entity V Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) V� Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnershi, 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract. 4. Sign and Date Form Certification: Under penalties of perjury, l certify that the information shown on this form is correct to my knowledge. ate :Signature D U� Title ���4 d J � Phone Number 7( 7 � 24 Construction Services Agreement: Revised 6/1/2011 Packet Page -2102- 2/14/2012 Item 16.G.2. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within ninety (90) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of `' County of C�i 0(?r 1 ,e_. '5 I,, e,, 3. Pt+,r1t- , b►Q- yir-S4C% , being first duly sworn on oath deposes and 'says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. 5L,.,0 �X , J, Pe-ty t D Ins 6 r A- (e:l , also deposes and says that it has examin d and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. 25 Construction Services Agreement: Revised 6/1/2011 Packet Page -2103- 2/14/2012 Item 16.G.2. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of COI o r-a- dfl hich operates under the legal name of AIR IELD WESTERN, LLC and the full names of its officers are as follows: President 1Dc,, vi d P �S Secretary D i, ut d P I AVOP5 Treasurer D(,vid P (-1 -gA-1 Manager P ii dl P nN The vt SALE S16PttL�J A. PKTiLiC,, is authorized to sign construction bids and contracts for the company by action of its Board of Directors 'taken I o- 5- -7, d a eeictbfied Gepy hefete - aft d-(-stF+ke -etA4 9 Oast, -sei ale). (b) Co -P nershi The Bidder is a co- partnership consisting of individual partners whose full names are as follows: The co- partnership does business under the legal name of: (c) In ual The Bidder is an individual whose full name is operating under a trade name, said trade name is Packet Page -2104- and if 26 Construction Services Agreement: Revised 6/1/2011 2/14/2012 Item 16.G.2. Complete for information contained in (a) Corporation, (b) Co- Partnership or (c) Individual from previous page. DATED of + t-7 17,01 1-- Witness Witness STATE OF (14 COUNTY OF &f-e-ere- AIRFIELD WESTERN, LLC legal entity BY: Fl>A 2- n J Pefr'� e Name of Bidder (T ped) Z Signature �r2c��7o2 e% S1►4-6-s Title The foregoing instrument was acknowledged before me this by S }e-p1*-0 7-, 1 ` e. I as /��v�eead weskvn , a C >Ior d,) corporation. ' He/she is personally known to r ivers l,A eer10 e- (did not) take an oath. -1 'day of jo nuarb , 201'X I7trW- v uF 5a ks of corporation, on behalf of the me or has produced as identification and did My Commission Expires: -�� v� (SignatLie of Notary) AMY M. LINDSEY NAME: NOTARY PUBLIC, GREENE COJM WM WCOMMISMEXPIRESFEIHM17,2M4 (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ,\� .a 27 Construction Services Agreement: Revised 6/1/2011 Packet Page -2105- J 2/14/2012 Item 16.G.2. BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Airfield Western, LLC (herein after called the Principal) and Western Surety Company (herein called the Surety), a corporation chartered and existing Sioux she laws oft e State of South Dakota with its principal offices in the city of are held and and authorized to do business in the State of Florida firmly bound unto the Collier County Government, Naples Fl- (hereinafter called the Owner), in the dollars ($ «5o�just sum of Five Percent of the Total Amount Bid good and lawful money of the United States bOe made, the Principal and the Surtety bind Owner, to which payment well and truly t themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about , equipment and to submit, or incidentals ltnecessary Owner, funis, Bnstal{r furnishing all labor, materials and fully complete the Work on the Project known as Immokalee Runway 18 -36 Lighting Rehabilitation Bid No. 12 -5824 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreae�oe�a lCt�h wth�henterms of such Bid, after the date of a written Notice of Award he in give such bond or bonds in an amount of total Contract t surety forthe the Bidding Documents or Contract Docu ments with g ood and sua payment of labor, materials and faithful performance of the Agreement and for the prompt p y supplies furnished in the prosecution thereof or, in the event of the failure of the and deliver to PRINCIPAL to enter into such Agreement or to give such bond or bonds, the OBLIGEE Owner the required certificates of insurance, ed above aslNquidat d dalmages, and not as a the fixed sum of $ penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. al and Surety have caused these yzQ,ents to IN TESTIMONY Thereof, the Princip be duly signed and sealed this 18th day of January , 2012. . Principai Airfield Western, LLC BY :2_' TJ� rL 0� SQ GC -S (Sea{) Wester Surety Company Surety (Seal) V ki J Bell, orney -In -Fact Countersigned 28 Construction Services Agreement: Revised 611/2011 Packet Page -2106- 2/14/2012 Item 16.G.2. Local Resident Producing Agent for Western Surety Company 29 Construction Services Agreement: Revised 6/1/2011 Packet Page -2107- 2/14/2012 Item 16.G.2. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Ronald K Ford, Joanna P Cornett, Beverly K Jackson, Darren Ray Deltondo, Vikki J Bell, Amy Allen, Individually of Grand Junction, CO, its true and lawful Auorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 8th day of February, 2010. yraery� WESTERN SURETY COMPANY ,RORgj w.40 � SE p�rjP� �)p urar� Paul . Bruflat, Senior �Vil,'P,,,�ident State of South Dakota 1 ss County of Minnehaha f On this 8th day of February, 20L0, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that t of WESTERN SURETY COMPANY described in and he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice Presiden which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires P r D. KRELL i iNOTARY PUBLICS L r + November M.2012 r EAL r SOUTH DAKOTA s Krell, NO Publlc CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimon20w1 whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 18th _ day of January Form F428"9 -06 ,may, ^ETr�a WESTERN SURETY COMPANY N° /pf,VOR9�� i i�4 SCpV �� �� L. Nelsen, Assistant Secretary Packet Page -2108- i Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. Packet Page -2109- 2/14/2012 Item 16.G.2. THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked: 4. Any required drawings, descriptive literature, etc, have been included. 5. Any delivery information required is included. 6. Immigration Affidavit completed and the company's E- Verify profile page or memorandum of understanding 7. Certificate of Authority to Conduct Business in State of Florida 8. Collier County Substitute W -9 9. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 10. Any addenda have been signed and included. 11. The mailing envelope has been addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 12. The mailing envelope must be sealed and marked with: <*Bid Number; <*Project Name; <*Opening Date. 13. The Bid will be mailed or delivered in time to be received no later than the specified opening date and time, otherwise Bid cannot be considered. ALL COURIER - DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET AIRFIELD WESTERN, LLC Bidder Name ?)-� 9/al-U'02UA-� J,4 el_-, t Signature '& Ti Date: 30 Construction Services Agreement: Revised 6/1/2011 Packet Page -2110- 2/14/2012 Item 16.G.2. State of Florida Department of State I certify from the records of this office that AIRFIELD WESTERN, L.L.C. is a limited liability company organized under the laws of Colorado, authorized to transact business in the State of Florida, qualified on October 21, 2004. The document number of this limited liability company is M04000004520. I further certify that said limited liability company has paid all fees due this office through December 31, 2011, that its most recent annual report was filed on February 16, 2011, and its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Fifth day of January, 2012 1 Secretary of State Authentication ID: 000216633560- 010512- M04000004520 To authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed. https: / /efile .sunbiz.org /certauthver.html Packet Page -2111- CP7er -COWnty Adrr nstrahe Sen► m Division PurdiaWfq.. Memorandum 2/14/2012 Item 16.G.2. Email: lynwood@colliergov.net Telephone: (239) 252 -2667 FAX: (239) 252 -6593 ADDENDUM #1 Date: December 27, 2011 From: Lyn M Wood Procurement Strategist To: Interested Bidders Subject: Addendum # 1 12 -5824 — Immokalee Runway 18 -36 Lighting Rehabilitation The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: The bid due date has been changed to January 18, 2012 at 2:30 p.m. Pre -bid sign in sheets are attached. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Thomas Vergo, Immokalee Airport Manager Luc Carriere, Design Engineer Packet Page -2112- 0� ��o��lr Cc�urtty Admirti *aM Services Division Purchasing Memorandum Date: January 11, 2012 Email: lynwood @colliergov.net Telephone: (239) 252 -2667 FAX: (239) 252 -6593 ADDENDUM #2 From: Lyn M Wood Procurement Strategist To: Interested Bidders Subject: Addendum # 2 12 -5824 — Immokalee Runway 18 -36 Lighting Rehabilitation The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: The following firms have submitted prequalification packages in compliance with FDOT requirements and have been approved for bidding: 1. Gulf States Electric, Inc. 2. H.L. Pruitt Corp. 3. AirField Western Bids will not be accepted from any other firms. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. (Name of Firm) Packet Page -2113- AddendumTemplate Revised: 4115/10 1 Excluded Parties List System 2/14/2012 Item 16.G.2. Search - Current Exclusions > Advanced Search • Multiple Names • Exact Name and SSN/TIN > MyEPLS • Recent Updates • Browse All Records View Cause and Treatment Code Descriptions • Reciprocal Codes • Procurement Codes • Nonprocurement Codes Agency & Acronym Information > Agency Contacts > Agency Descriptions > State /Country Code Descriptions OFFICIAL GOVERNMENT USE ONLY • Debar Maintenance • Administration • Upload Login EPLS Search Results Search Results for Parties Excluded by Firm, Entity, or Vessel : Airfield Western, LLC As of 23- Jan -2012 11:54 AM EST Save to MyEPLS Your search returned no results. Back New Search Printer - Friendly https : / /www.epls.gov /epls /searc Packet Page -2114- Resources > Search Help > Advanced Search Tips > Public User's Manual • FAQ • Acronyms • Privacy Act Provisions • News System for Award Management ' (SAM) Reports > Advanced Reports • Recent Updates • Dashboard Archive Search - Past Exclusions > Advanced Archive Search • Multiple Names • Recent Updates • Browse All Records Contact Information > For Help: Federal Service Desk 1/23/2012 2/14/2012 Item 16.G.2. CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Airfield Western, L.L.C. ( "Contractor") of 66907 Solar Road, Montrose, Colorado 81403, a Colorado corporation, authorized to do business in the State of Florida, to perform all work ('Work") in connection with Immokalee Runway 18 -36 Lighting Rehabilitation, Bid No. 12 -5824 ( "Project "), as said Work is set forth in the Plans and Specifications prepared by Hole Montes, Inc., the Engineer and /or Architect of Record ( "Design Professional ") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract "). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount "), in accordance with the terms of this Agreement: One hundred forty -eight thousand three hundred forty -one dollars and no cents ($148,341.00). 31 Construction Services Agreement: Revised 6/1/2011 Packet Page -2115- 2/14/2012 Item 16.G.2. Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and .Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at wv,/w.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within ninety (90) calendar days from the Commencement Date (herein "Contract Time "). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to 32 Construction Services Agreement: Revised 6/112011 Packet Page -2116- 1a _ ,:«,_,k_,� 2/14/2012 Item 16.G.2. definitely ascertain and quantify. Should Contractor fail to achieve Substantial »I Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Four hundred fifty - eight dollars and fifteen cents ($458.13) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his /her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. Packet Page -2117- 33 Construction Services Agreement: Revised 611/2011 2/14/2012 Item 16.G.2. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Hole Montes, Inc. and identified as follows: Immokalee Runway 18 -36 Lighting Rehabilitation as shown on Plan Sheets 1 through 11. Exhibit N: Contractor's List of Key Personnel Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Thomas Vergo, Airport/Project Manager Immokalee Regional Airport 165 Airpark Boulevard Immokalee, Florida 34142 34 Construction Services Agreement: Revised 6/1/2011 Packet Page -2118- 2/14/2012 Item 16.G.2. Telephone: 239- 657 -9003 Facsimile: 239 -657 -9191 Email: thomasvergo @colliergov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: David P. Hoops Airfield Western, L.L.C. 66907 Solar Road Montrose, CO 81403 Phone: (970) 252 -1747; Fax: (970) 252 -1106 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. 35 Construction Services Agreement: Revised 611!2011 Packet Page -2119- 2/14/2012 Item 16.G.2. Section 11. Governing_ Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated,, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the 36 Construction Services Agreement: Revised 6/1/2011 Packet Page -2120- 2/14/2012 Item 16.G.2. Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 37 Construction Services Agreement: Revised 6/1/2011 Packet Page -2121- 2/14/2012 Item 16.G.2. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates) indicated below. TWO WITNESSES: FIRST WITNESS Type /Print Name SECOND WITNESS Type /Print Name Date: ATTEST: Dwight E. Brock, Clerk BY: CONTRACTOR: Airfield Western, LLC Type /Print Name and Title OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Fred W. Coyle, Chairman Approved As To Form and Legal Sufficiency: Print Name: S Assistant County Attorney 38 Construction Services Agreement: Revised 6/1/2011 Packet Page -2122- 2/14/2012 Item 16.G.2. EXHIBIT A 1: PUBLIC PAYMENT BOND Immokalee Runway 18 -36 Lighting Rehabilitation Bond No. Contract No. 12 -5824 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Suretv. located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20_, with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of — 20 —, the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. 39 Construction Services Agreement: Revised 611/2011 Packet Page -2123- Signed, sealed and delivered in the presence of: Witnesses as to Principal 2/14/2012 Item 16.G.2. PRINCIPAL BY: NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by as of a corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety NAME: (Legibly Printed) Notary Public, State of Commission No.: SURETY: Packet Page -2124- (Printed Name) (Business Address (Authorized Signature) (Printed Name) 40 Construction Services Agreement: Revised 6/112011 •- Witnesses STATE OF COUNTY OF 2/14/2012 Item 16.G.2. As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20r, by , as Of Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: Packet Page -2125- 41 Construction Services Agreement: Revised 6/1/2011 EXHIBIT A 2: PUBLIC PERFORMANCE BOND Immokalee Runway 18 -36 Lighting Rehabilitation KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as 2/14/2012 Item 16.G.2. Bond No. Contract No. 12 -5824 Surety, located at (Business Address) are r held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 20_, with Obligee day of for in accordance with drawings and specifications, which contract is incorporated ey reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. 42 Construction Services Agreement: Revised 6/1/2011 Packet Page -2126- In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by 1 Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL NAME: ITS: The foregoing instrument was acknowledged before me this , 20_, by personally known to My Commission Expires: (AFFIX OFFICIAL SEAL) of corporation, on behalf of the corporation. me OR has produced as identification and did (did not) take an oath. (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: Packet Page -2127- day of , as , a He /she is 43 Construction Services Agreement: Revised 6/1/2011 2/14/2012 Item 16.G.2. ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by , as Of , a Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: as construction Services Agreement: Revised 6/112011 Packet Page -2128- EXHIBIT B• INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be Vendor's sole responsibility. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and /or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverages purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance 45 Construction Services Agreement: Revised 6/1/2011 Packet Page -2129- 2/14/2012 Item 16.G.2. :ompany or companies used. The decision of the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than - ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 46 Construction Services Agreement: Revised 6/1/2011 Packet Page -2130- 2/14/2012 Item 16.G.2. ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. ❑ Pollution $ Per Occurrence $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 47 Construction Services Agreement: Revised 6/1/2011 Packet Page -2131- Collier County Florida Insurance and Bonding Requirements fnsrarancel$ondwTYRe��~ required "Lirrjits - 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1;000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1.000,000 single limit per occurrence ISO form 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. ❑ Pollution $ Per Occurrence $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 47 Construction Services Agreement: Revised 6/1/2011 Packet Page -2131- 2/14/2012 Item 16.G.2. �. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number 48 Construction Services Agreement: Revised 6/1/2011 Packet Page -2132- 2/14/2012 Item 16.G.2. EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER) STATE OF FLORIDA) Before me, the undersigned authority, personally appeared — who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor') releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated 1 20_ for the period from to excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, - material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. CONTRACTOR BY: ITS: DATE: Witnesses STATE OF COUNTY OF President The foregoing instrument was acknowledged before me this day of 20r, by , as of corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: Packet Page -2133- a 49 Construction Services Agreement: Revised 6/1/2011 2/14/2012 Item 16.G.2. EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Bid No. _ Project No. Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ _ Percent Work completed to Date: % Percent Contract Time completed to Date % Liquidated Damages to be Accrued $ (Project Name) Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Remaining Contract Balance ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION .;ONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Packet Page -2134- 50 Construction Services Agreement: Revised 6/1/2011 2/14/2012 Item 16.6.2. �\ \ � k A 2 � ! $ / ) ) }� k « §/ O u- e� E it %0 / 2 § �� $8 @ °d (0) k M k � �E ,« IM §/ \■ §§ )\ §k §k ° .& �0 #Lu�\ k5 §\ �) R®® .jw \k #0 � ,■ \! © \ & E = z 2 §g U) } �k) ®w S / CL z§. E 5, - o S p °@ CL E Jk �2 � _ 2� k Co / \ LU oc \\ wx a. e o §w �/ \% ) / _$ S \$a CM > §tea \.@ = „e 0 =moo CD § :3 E Q @]7 & 2 =% S k \�S \ o �I c w i2D ƒ $m; .o ) 0- 2 E m �w � m ƒ; 'U - § / / f k �\ \ � k A 2 � ! $ / ) ) W 0 U m Q t� 75 E 0 LL O 0 d H l4 m O Cn a� 0 U_ O L X w Packet Page -2136- 2/14/2012 Item 16.G.2. N LO O N a N V1 d) N C E d d O a a� U N O U CD c 0 U O w m R l0 m 'O O ai L � d: y d C H Z H o.2 d > — CL 'Q O > m M 'd a U N � t F >+ .a 3 j Q O 'y > V d d m � m > E > c = Z m c 0 CL d O m r.. cc 0 Packet Page -2136- 2/14/2012 Item 16.G.2. N LO O N a N V1 d) N C E d d O a a� U N O U CD c 0 U TO: Project Name: Bid No. Change Order No.: Change Order Description 2/14/2012 Item 16.G.2. EXHIBIT E: CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount ............................. ..............................$ Sum of previous Change Orders Amount ......... ..............................$ This Change Order Amount ............................. ..............................$ Revised Agreement Amount ............................ ............................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Project Manager Recommended by: Design Professional Accepted by: Contractor Approved by: Department Director Approved by: Division Administrator Approved by: Purchasing Department Date: Date: Date: Date: Date: Date: 53 Construction Services Agreement: Revised 6/1/2011 Packet Page -2137- 2/14/2012 Item 16.G.2. EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. 54 Construction Services Agreement: Revised 6/1/2011 Packet Page -2138- 2/14/2012 Item 16.G.2. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, r heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on By: Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on By: CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on By: OWNER Type Name and Title Packet Page -2139- 20 20 20 55 Construction Services Agreement: Revised 611/2011 2/14/2012 Item 16.G.2. EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract uocumenis. Original Contract Amount: Commencement Date: Final Contract Amount: Substantial Completion Time as set forth in the Agreement: Actual Date of Substantial Completion: Calendar Days. Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. 2. 3. 4 5. 6. 7. 8, 9. �m All Punch List items completed on Warranties and Guarantees assigned to Owner (attach to this form). Effective date of General one year warranty from Contractor is: 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). As -Built drawings obtained and dated: Owner personnel trained on system and equipment operation. Certificate of Occupancy No.: issued on (attach to this form). Certificate of Substantial Completion issued on Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N /A, If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: By Design Packet Page -2140- (Company Name) (Signature) (Typed Name & Title) 57 Construction Services Agreement: Revised 6/1/2011 Professional: By Owner: Packet Page -2141- 2/14/2012 Item 16.G.2. (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 58 Construction Services Agreement: Revised 6/1/2011 2/14/2012 Item 16.G.2. EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws .or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself conceming the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; 59 Construction Services Agreement: Revised 6/1/2011 Packet Page -2142- 2/14/2012 Item 16.G.2. availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub - Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. if Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 60 Construction Services Agreement: Revised 6/1/2011 Packet Page -2143- 2/14/2012 Item 16.G.2. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 61 Construction Services Agreement: Revised 6/112011 Packet Page -2144- 2/14/2012 Item 16.G.2. 4.3 Contractor shall submit all Applications for Payment to Luc Carriere, Hole Montes, Inc., located at 600 Whiskey Creek Drive, Fort Myers, Florida 33919. 4.4 Unless expressly approved by Owner in Owner's sole discretion, Owner is not required equipment that have not been incorporated into the basis of materials and equipment not inco and suitably stored at the site or at another Ic have been agreed to by Owner in writing, the accompanied by a bill of sale, invoice or other d has received the materials and equipment free interests and encumbrances, together with evic are covered by appropriate property insuram Owner's interest therein, all of which shall b Thereafter, with each Application for Paymer idvance and in writing, saia approvai ai to make any payment for materials or the Project. If payment is requested on -porated into the Project, but delivered ration, and such payment and storage Application for Payment also shall be >cumentation warranting that the Owner and clear of all liens, charges, security ence that the materials and equipment e and other arrangements to protect subject to the Owner's satisfaction. t, Contractor also shall complete and submit to Owner as part of its Application for Nayment, the 5torea nmaienais mecum attached hereto and made a part hereof as Exhibit D. 4.5 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50 %) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 62 Construction Services Agreement: Revised 6/1 /2011 Packet Page -2145- 2/14/2012 Item 16.G.2. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the. current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: 63 Construction Services Agreement: Revised 6J112011- Packet Page -2146- 2/14/2012 Item 16.G.2. (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g). any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 64 Construction Services Agreement: Revised 6/1/2011 Packet Page -2147- 2/14/2012 Item 16.G.2. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if 'sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 65 Construction Services Agreement: Revised 6/1/2011 Packet Page -2148- 2/14/2012 Item 16.G.2. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS- BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub - Contractor's personnel; 8.1.4 The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 66 Construction Services Agreement: Revised 6/1/2011 Packet Page -2149- 8.2 Contractor shall maintain in a safe place at the Project site one record copy of - the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field- Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation,. strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be 67 Construction Services Agreement: Revised 6/1/2011 Packet Page -2150- 2/14/2012 Item 16.G.2. deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor 68 Construction Services Agreement: Revised 6/1/2011 Packet Page -2151- 2/14/2012 Item 16.G.2. disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. ' 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or sub- subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the 6s Construction Services Agreement: Revised 6/1/2011 Packet Page -2152- 2/14/2012 Item 16.G.2. Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed. to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall procee d Owner, regardless of any pending unless otherwise agreed to by the payments in accordance with the Claim. 12. OTHER WORK. diligently with its performance as directed by the Claim, action, suit or administrative proceeding, Owner in writing. Owner shall continue to make Contract Documents during the pendency of any 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty -eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty -eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 70 Construction Services Agreement: Revised 6/1/2011 Packet Page -2153- 2/14/2012 Item 16.G.2. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder- is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et se-1.. and regulations relating thereto, as either may be amended. 71 Construction Services Agreement: Revised 611/2011 Packet Page -2154- 2/14/2012 Item 16.G.2. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing both the acceptable E -Verify evidence and the executed affidavit the bidder's / vendor's proposal may be deemed non - responsive. Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http• / /www.dhs- gov/E- Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or 72 Construction Services Agreement: Revised 6/1/2011 Packet Page -2155- 2/14/2012 Item 16.G.2. the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected-by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in 73 Construction Services Agreement: Revised 611/2011 Packet Page -2156- 2/14/2012 Item 16.G.2. part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) .fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re- letting the Work, and in 74 Construction Services Agreement: Revised 6/1/2011 Packet Page -2157- 2/14/2012 Item 16.G.2. settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 75 Construction Services Agreement: Revised 6/1/2011 Packet Page -2158- 2/14/2012 Item 16.G.2. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying 76 Construction Services Agreement: Revised 6/1/2011 Packet Page -2159- 2/14/2012 Item 16.G.2. materials equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager,, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 77 Construction Services Agreement: Revised 6/1/2011 Packet Page -2160- 2/14/2012 Item 16.G.2. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 7s Construction Services Agreement: Revised 6/1/2011 Packet Page -2161- 2/14/2012 Item 16.G.2. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal. or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 79 Construction Services Agreement: Revised 6/1/2011 Packet Page -2162- 2/14/2012 Item 16.G.2. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control x` the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as, if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss. or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 80 Construction Services Agreement: Revised 6/1/2011 Packet Page -2163- 2/14/2012 Item 16.G.2. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and /or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all 81 Construction Services Agreement: Revised 6/1/2011 Packet Page -2164- 2/14/2012 Item 16.G.2. necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall 82 Construction Services Agreement: Revised 6/1/2011 Packet Page -2165- 2/14/2012 Item 16.G.2. comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre- construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre- construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by 83 Construction Services Agreement: Revised 6/1/2011 Packet Page -2166- 2/14/2012 Item 16.G.2. reference. Copies are available through Risk Management and /or Purchasing Departments, and is available on -line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders. by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. sa Construction Services Agreement: Revised 6/1/2011 Packet Page -2167- 2/14/2012 Item 16.G.2. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sales tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self - performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are 85 Construction Services Agreement: Revised 6/1/2011 Packet Page -2168- 2/14/2012 Item 16.G.2. subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 86 Construction Services Agreement: Revised 611/2011 Packet Page -2169- 2/14/2012 Item 16.G.2. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES, 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal /Approval Logs 34.1.4 Equipment Purchase /Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost - Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As- Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists - 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements 87 Construction Services Agreement: Revised 611/2011 Packet Page -2170- 2/14/2012 Item 16.G.2. The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND /UNDERGROUND TANKS. An underground 62 -761, Florida Administrative Code (F.A.C.) or aboveground 62 -762, F.A.C. regulated tank requires notification to the `County prior to installation or closure of the tank. The Pollution Control Department (239- 252 - 2502), via contract GC -690 sa Construction Services Agreement: Revised 6/1/2011 Packet Page -2171- 2/14/2012 Item 16.G.2. with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the 'county' local program thirty (30) days prior to installation and again forty -eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty-eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation /closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor /project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62 -761, F.A.C. and 62 -762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. , The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well - groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision- making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or ss Construction Services Agreement: Revised 6/1/2011 Packet Page -2172- 2/14/2012 Item 16.G.2. state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 90 Construction Services Agreement: Revised 6/112011 Packet Page -2173- 2/14/2012 Item 16.G.2. EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 1. The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and /or services purchased as a part of this contract. 2. See FDOT Division I — General Provisions as separate document and marked Exhibit I. 91 Construction Services Agreement: Revised 6/1/2011 Packet Page -2174- 2/14/2012 Item 16.G.2. F.XHIRIT I DIVISION I -GENERAL PROVISIONS SECTION 10 - DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the Contract, in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows: 10 -01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO. 10 -02 ACCESS ROAD. The right -of -way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10 -03 AIP. The Airport Improvement Program, a grant -in -aid program, administered by the Federal Aviation Administration. 10 -04 ADDENDUM. A modification of the plans or other Contract documents issued by the Engineer and distributed to prospective bidders prior to the opening of the proposal. 10 -05 ADVERTISEMENT. A public announcement, (Notice to Bidders) as required by local law, inviting bids for work to be performed and materials to be furnished. 10 -06 ADVISORY CIRCULAR. A document issued by the FAA containing informational material and guidance, when referred to in the drawings (Plans) and Specifications, advisory circulars shall have the same force as supplemental Specifications. 10 -07 AIR OPERATIONS AREA. For the purpose of these specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft, and contiguous safety areas. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft, and contiguous safety areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10 -08 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any. 10 -09 ASTM. The American Society for Testing and Materials. 10 -10 AWARD. The acceptance, by the Owner, of the successful bidder's proposal. 10 -11 BID BOND (PROPOSAL GUARANTY). The security furnished with a proposal to guarantee that the bidder will enter into a contract if his proposal is accepted by the Owner. 10 -12 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. DIV I - 1 Packet Page -2175- 10 -13 BUILDING AREA. An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights -of -way together with all airport buildings and facilities located thereon. 10 -14 CALENDAR DAY. Every day shown on the calendar. 10 -15 CERTIFICATES OF COMPLIANCES. Written statements by the manufacturer stating the material furnished is in conformance with the Specifications. 10 -16 CHANGE ORDER A written order to the Contractor covering changes in the Plans, Specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the scope of the Contract. 10 -17 CONTRACT. The written agreement covering the work to be performed. The awarded Contract shall include, but is not limited to: the Advertisement; the Contract Form; the Proposal; the Performance Bond; the Payment Bond; any required insurance certificates; the Specifications; the Plans, and any addenda issued to bidders. 10 -18 CONTRACT DOCUMENTS. Documents applicable to and specific to the performance of the Contract, including but not limited to the Contract Form, the Proposal, the Supplemental Agreements, and addenda issued to bidders, all of which constitutes one instrument. 10 -19 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the Contract. 10 -20 CONTRACT TIME. The number of calendar days stated in the proposal, allowed for completion of the Contract, including authorized time extensions. 10 -21 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the Contract work. 10 -22 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area. 10 -23 ENGINEER. The individual(s), partnership, firm, or corporation duly authorized by the Owner (Sponsor) to act as the contractual representative. 10 -24 EQUIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10 -25 EXTRA WORK. An item of work not provided for in the awarded Contract as previously modified by change order or supplemental agreement, but which is found by the Engineer to be necessary to complete the work within the intended scope of the Contract as previously modified. DIV I - 2 Packet Page -2176- 2/14/2012 Item 16.G.2. 10-26 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his duly authorized representative. 10 -27 FEDERAL SPECIFICATIONS. The Federal. Specifications and Standards, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. 10 -28 INSPECTOR. An authorized representative of the Engineer assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. 10-29 INTENTION OF TERMS. Whenever, in these Specifications or on the Plans, the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of the like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the Owner. Any reference to a specific requirement of a numbered paragraph of the Contract Specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference. 10 -30 LABORATORY. The official testing laboratories of the Owner or such other laboratories as may be designated by the Engineer. 10 -31 LIGHTING. A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface. 10 -32 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20 percent of the total amount of the award Contract. All other items shall be considered minor Contract items. 10 -33 MATERIALS. Any substance specified for use in the construction of the Contract work. 10 -34 MIL SPECIFICATIONS. The Military Specifications and Standard, and indices thereto, that are prepared and issued by the Department of Defense. 10 -35 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual Contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the Contract time begins. 10 -36 OWNER (SPONSOR). The term Owner shall mean the party of the first part or the contracting agency signatory to the Contract. For AIP contracts, the term Sponsor shall have the same meaning as the term Owner. DIV I - 3 Packet Page -2177- 2/14/2012 Item 16.G.2. 10 -37 PAVEMENT. The combined surface course, base course, and sub -base course, if any, considered as a single unit. 10 -38 PAYMENT BOND. The approved form of security furnished by the Contractor and his surety as a guaranty that he will pay in full all bills and accounts for materials and labor used in the construction of the work. 10 -39 PERFORMANCE BOND. The approved form of security furnished by the Contractor and his surety as a guaranty that the Contractor will complete the work in accordance with the terms of the Contract. 10 -40 PLANS. The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the Contract, supplementary to the Specifications. 10 -41 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport. 10 -42 PROPOSAL. The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the Plans and Specifications. 10 -43 PROPOSAL GUARANTY. The security furnished with a proposal to guarantee that the bidder will enter into a contract if his proposal is accepted by the Owner. 10=44 RUNWAY. The area on the airport . prepared for the landing and takeoff of aircraft. 10 -45 SPECIAL PROVISIONS. The specific clauses setting forth conditions or requirements peculiar to the project under consideration, covering work or materials involved in the proposal and estimate, which are not thoroughly or satisfactorily stipulated in these Specifications. 10 -46 SPECIFICATIONS. A part of the Contract containing the written directions and requirements for completing the Contract work. Standards for specifying materials or testing which are cited in the Contract Specifications by reference shall have the same force and effect as if included in the Contract physically. 10 -47 SPONSOR. Shall mean the same as Owner. 10 -48 SUBCONTRACTOR. Any individual, partnership or corporation supplying the Contractor with labor, materials, and supplies, used directly or indirectly by the said Contractor or subcontractor in the prosecution of the work. 10 -49 STRUCTURES. Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; flexible and rigid pavements; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 10 -50 SUBGRADE. The soil which forms the pavement foundation. DIV I - 4 Packet Page -2178- 2/14/2012 Item 16.G.2. 10 -51 SUPERINTENDENT. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction. 10 -52 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and the Owner covering: (1) work that would increase or decrease the total amount of the awarded Contract, or any major Contract item, by more than 25 percent, such increased or decreased work being within the scope of the originally awarded Contract; or (2) work that is not within the scope of the originally awarded Contract. 10 -53 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds which are furnished to the Owner by the Contractor. 10 -54 TAXIWAY. For the purpose of this document, the term taxiway means the portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport's runways or aircraft parking areas. 10 -55 WORK. The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the Contract, Plans, and Specifications. 10 -56 WORKING DAY. A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least 6 hours toward completion of the Contract. Unless work is suspended for causes beyond the Contractor's control, Saturdays, Sundays and holidays on which the Contractor's forces engage in regular work, requiring the presence of an inspector, will be considered as working days. SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS 20 -01 NOTICE TO BIDDERS. An official notice to bidders stating the time and place for the submission of sealed proposals on designated projects or proposed work. This notice shall contain a description of the proposed work, instructions to the bidder regarding proposal forms, proposal guaranty, Plans, Specifications, and the reservation of the right of the Owner to reject any or all bids. 20 -02 PREQUALIFICATION OF BIDDERS. Each bidder shall furnish the Owner satisfactory evidence of his 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 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. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed, the bidder shall qualify the public accountant's statement or report to reflect his (bidder's) true financial condition at the time such qualified statement or report is submitted to the Owner. DIV I - 5 Packet Page -2179- 2/14/2012 Item 16.G.2. 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 prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports hereinbefore specified. Each bidder shall submit "evidence of competency" and "evidence of financial responsibility" to the Owner no later than 10 days prior to the specified date for opening bids. 20 -03 CONTENTS OF PROPOSAL FORMS. The Owner shall furnish bidders with proposal forms. All papers bound with or attached to the proposal forms are necessary parts and must not be detached. The Plans, Specifications, and other documents designated in the proposal form shall be considered a part of the proposal whether attached or not. 20 -04 ISSUANCE OF PROPOSAL FORMS. The Owner reserves the right to refuse to issue a proposal form to a prospective bidder should such bidder be in default for any of the following reasons: (a) Failure to comply with any prequalification regulations of the Owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. (b) Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the Owner) at the time the Owner issues the proposal to a prospective bidder. (c) Contractor default under previous contracts with the Owner. (d) Unsatisfactory work on previous contracts with the Owner. 20 -05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of quantities of work to be done and materials to be furnished under these Specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the Contract. The Owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the Plans and Specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices. 20 -06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is expected to carefully examine the site of the proposed work, the proposal, Plans, Specifications, and Contract forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed Contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed Contract, Plans, and Specifications. Boring logs and other records of subsurface investigations and tests are available for inspection ofbidders. It is understood and agreed that such subsurface information, whether included in the Plans, Specifications, or otherwise made available to the bidder, was obtained and is intended for the Owner's design and estimating DIV I - 6 Packet Page -2180- 2/14/2012 Item 16.G.2. purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner. 20 -07 PREPARATION OF PROPOSAL. The bidder shall submit his proposal on the forms furnished by the Owner. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals for which he proposes to do each pay item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. The bidder shall sign his proposal correctly and in ink. If the proposal is made by an individual, his name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state under the laws of which the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his authority to do so and that the signature is binding upon the firm or corporation. 20 -08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following reasons: (a) If the proposal is on a form other than that furnished by the Owner, or if the Owner's form is altered, or if any part of the proposal form is detached. (b) If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the proposal incomplete, indefinite, or otherwise ambiguous. (c) If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. (d) If the proposal contains unit prices that are obviously unbalanced. (e) If the proposal is not accompanied by the proposal guaranty specified by the Owner. The Owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the Owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20 -09 PROPOSAL GUARANTY. Each separate proposal shall be accompanied by a certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such check, or collateral, shall be made payable to the Owner. 20 -10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport, and name and business address of the bidder on the outside. When sent by mail, preferably registered, the sealed proposal, marked as indicated above, should be enclosed in an additional envelope. No proposal will be considered unless received at the place specified in the advertisement before the time specified for opening all bids. Proposals received after the bid opening time shall be returned to the bidder unopened. DIV I - 7 Packet Page -2181- 2/14/2012 Item 16.G.2. 20 -11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the bidder's request for withdrawal is received by the Owner in writing or by telegram before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids. 20 -12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read, publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be returned to the bidder unopened. 20 -13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for any of the following reasons: (a) Submitting more than one proposal from the same partnership, firm, or corporation underthe same or different name. (b) Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the Owner until any such participating bidder has been reinstated by the Owner as a qualified bidder. (c) If the bidder is considered to be in "default" for any reason specified in the subsection titled ISSUANCE OF PROPOSAL FORMS of this section. SECTION 30 - AWARD AND EXECUTION OF CONTRACT 30 -01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder's proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in words shall govern. Until the award of a contract is made, the Owner reserves the right to reject a bidder's proposal for any of the following reasons: (a) If the proposal is irregular as specified in the subsection titled IRREGULAR PROPOSALS of Section 20. (b) If the bidder is disqualified for any of the reasons specified in the subsection titled DISQUALIFICATION OF BIDDERS of Section 20. In addition, until the award of a contract is made, the Owner reserves the right to reject any or all proposals, waive technicalities, if such waiver is in the best interest of the Owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise. All such actions shall promote the Owner's best interests. DIV I - 8 Packet Page -2182- 2/14/2012 Item 16.G.2. 30 -02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be made within 30 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. Award of the Contract shall be made by the Owner to the lowest, qualified bidder whose proposal conforms to the cited requirements of the Owner. 30 -03 CANCELLATION OF AWARD. The Owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the Owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 30 -04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the Owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two lowest bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful Bidder's proposal guaranty will be returned. The successful bidder's proposal guaranty will be returned as soon as the Owner receives the Contract Bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS. 30 -05 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the Contract, the successful bidder shall furnish the Owner a surety bond or bonds which have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work. The surety and the form of the bond or bonds shall be acceptable to the Owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the Contract. The successful bidder shall furnish separate performance and payment bonds each in the full bid amount, unless otherwise specified in the Contract Documents. 30 -06 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the necessary agreements for entering into the Contract and return such signed Contract to the Owner, along with the fully executed surety bond or bonds specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section, within 15 calendar days from the date mailed or otherwise delivered to the successful bidder. If the Contract is mailed, special handling is recommended. 30 -07 APPROVAL OF CONTRACT. Upon receipt of the Contract and Contract bond or bonds that have been executed by the successful bidder, the Owner shall complete the execution of the Contract in accordance with local laws or ordinances, and return the fully executed Contract to the Contractor. Delivery of the fully executed Contract to the Contractor shall constitute the Owner's approval to be bound by the successful bidder's proposal and the terms of the Contract. 30 -08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the Contract and furnish an acceptable surety bond or bonds within the 15 calendar day period specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the Owner. SECTION 40 - SCOPE OF WORK DIV I - 9 Packet Page -2183- 2/14/2012 Item 16.G.2. 40 -01 INTENT OF CONTRACT. The intent of the Contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the Plans, Specifications, and terms of the Contract. 40 -02 ALTERATION OF WORK AND QUANTITIES. The Owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded Contract quantities, provided that the aggregate of such alterations does not change the total Contract cost or the total cost of any major Contract item by more than 25 percent (total cost being based on the unit prices and estimated quantities in the awarded Contract). Alterations which do not exceed the 25 percent limitation shall not invalidate the Contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original Contract. These alterations which are for work within the general scope of the Contract shall be covered by "Change Orders" issued by the Engineer. Change orders for altered work shall include extensions of Contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of added work. Should the aggregate amount of altered work exceed the 25 percent limitation hereinbefore specified, such excess altered work shall be covered by supplemental agreement. If the Owner and the Contractor are unable to agree on a unit adjustment for any Contract item that requires a supplemental agreement, the Owner reserves the right to terminate the Contract with respect to the item and make other arrangements for its completion. All supplemental agreements shall be approved by the FAA or FDOT, as applicable, and shall include valid wage determinations of the U.S. Secretary of Labor when the amount of the supplemental agreement exceeds $2000. However, if the Contractor elects to waive the limitations of work that increases or decreases the originally awarded Contract or any major Contract item by more than 25 percent, the supplemental agreement shall be subject to the same U.S. Security of Labor wage determination as was included in the originally awarded Contract. 40 -03 OMITTED ITEMS. The Engineer may, in the Owner's best interest, omit from the work any Contract item, except major Contract items. Major Contract items may be omitted by a supplemental agreement. Such omission of Contract items shall not invalidate any other Contract provision or requirement. Should a Contract item be omitted or otherwise ordered to be nonperformed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. 40 -04 EXTRA WORK. Should acceptable completion of the Contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original Contract or previously issued change orders or supplemental agreements, the same shall be called Extra Work. Extra Work that is within the general scope of the Contract shall be covered by written change order. Change orders for such Extra Work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the Contract time that, in the Engineer's opinion, is necessary for completion of such Extra Work. DIV I - 10 Packet Page -2184- 2/14/2012 Item 16.G.2. When determined by the Engineer to be in the Owner's best interest, he may order the Contractor to proceed with Extra Work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. Extra Work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original Contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment of Extra Work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the Owner. 40 -05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the Contract that the safety of aircraft, as well as the Contractor's equipment and personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the airport with respect to his own operations and the operations of all his subcontractors as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. With respect to his own operations and the operations of all his subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying: personnel; equipment; vehicles; storage areas; and any work area or condition that may be hazardous to the operation of aircraft, fire- rescue equipment, or maintenance vehicles at the airport. When the Contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor's performance of work that is otherwise provided for in the Contract, Plans, and Specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic. The Contractor shall furnish erect, and maintain barricades, warning signs, flagmen, and other traffic control devices in reasonable conformity with the manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office), unless otherwise specified herein. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise specified herein, the Contractor will not be required to furnish snow removal for such existing road, street, or highway. The Contractor shall make his own estimate of all labor, materials, equipment, and incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified in this subsection. The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be measured or paid for directly, but shall be included in the various Contract items. 40 -06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various Contract items. DIV I - 11 Packet Page -2185- 2/14/2012 Item 16.G.2. Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the Plans, the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the Contract. Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be utilized in the work as otherwise provided for in the Contract and shall remain the property of the Owner when so utilized in the work. 40 -07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the Contract to be either embankment or waste, he may at his 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 own temporary construction on site; or, (d) Use such material as intended by the terms of the Contract. Should the Contractor wish to exercise option (a), (b), or (c), he shall request the Engineer's approval in advance of such use. Should the Engineer approve the Contractor's request to exercise option (a), (b), or (c), the Contractor shall be paid for the excavation or removal of such material at the applicable Contract price. The Contractor shall replace, at his own expense, such material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the Contract work. The Contractor shall not be charged for his use of such material so used in the work or removed from the site. Should the Engineer approve the Contractor's exercise of option (a), the Contractor shall be paid, at the applicable Contract price, for furnishing and installing such material in accordance with requirements of the Contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of his exercise of option (a), (b), or (c). The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the Contract, Plans, or Specifications. 40 -08 FINAL CLEANING UP. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. He shall cut all brush and woods within the DIV I - 12 Packet Page -2186- 2/14/2012 Item 16.G.2. limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property Owner. SECTION 50 - CONTROL OF WORK 50 -01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. He shall decide all questions which may arise as to the interpretation of the specifications of Plans relating to the work, the fulfillment of the Contract on the part of the Contractor, and the rights of different Contractors on the project. The Engineer shall determine the amount and qualify of the several kinds of work performed and materials furnished which are to be paid for the under contract. 50 -02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the Contact, Plans or Specifications. If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the Plans and Specifications but that the portion of the work affected will, in his opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, he will advise the Owner of his determination that the affected work be accepted and remain in place. In this event, the Engineer will document his determination and recommend to the Owner a basis of acceptance which will provide for an adjustment in the Contract price for the affected portion of the work. The Engineer's determination and recommended Contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in his opinion, needed. Changes in the Contract price shall be covered by Contract modifications (change order or supplemental agreement) as applicable. If the Engineer finds the materials furnished, work performed, or the finished product are not in "reasonably close conformity" with the Plans and Specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the Contract, Plans, and Specifications. The term shall not be construed as waiving the Engineer's right to insist on strict specifications during the Contractor's prosecution of the work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Engineer with the authority to used good engineering judgment in his determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the Contract, Plans, and Specifications. DIV I - 13 Packet Page -2187- 2/14/2012 Item 16.G.2. For AIP contracts, the Engineer should advise the Sponsor if he accepts work that is not in "reasonably close conformity" to the Contract, Plans, and Specifications. The Sponsor will in turn advise the FAA. Change orders or supplemental agreements must bear the written approval of the FAA. 50 -03 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The Contract, Plans, Specifications, and all referenced standards cited are essential parts of the Contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; Contract technical Specifications shall govern over Contract General Provisions, Plans, cited standards for materials or testing, and cited FAA advisory circulars; Contract general provisions shall govern over Plans, cited standards for materials or testing, and cited FAA advisory circulars; Plans shall govern over cited standards for materials or testing and cited FAA advisory circulars. The Contractor shall not take advantage of any apparent error or omission on the Plans or Specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his interpretation and decision, and such decision shall be final. 50 -04 COOPERATION OF THE CONTRACTOR. The Contractor will be supplied with two copies each of the Plans and Specifications. He shall have available on the work at all times one copy each of the Plans and Specifications. Additional copies of Plans and Specifications may be obtained by the Contractor for the cost of reproduction. The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Engineer and his inspectors and with other Contractors in very way possible. The Engineer shall allocate the work and designate the sequence of construction in case of controversy between Contractors. The Contractor shall havb a competent superintendent on the work at all times who is fully authorized as his agent on the work. The superintendent shall be capable of reading and thoroughly understanding the Plans and Specifications and shall receive and fulfill instructions from the Engineer or his authorized representative. 50 -05 COOPERATION BETWEEN CONTRACTORS. The Owner reserves the right to contract for and perform other or additional work on or near the work covered by this Contract. When separate contracts are let within the limits of any one project, each Contractor shall conduct his work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same projects shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection his Contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of the other Contractors working within the limits of the same project. The Contractor shall arrange his work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. He shall join his work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50 -06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish horizontal and vertical control only. The Contractor must establish all layout required for the construction of the work. Such stakes DIV I - 14 Packet Page -2188- 2/14/2012 Item 16.G.2. and markings as the Engineer may set for either his own or the Contractor's guidance shall be preserved by the Contractor. In case of negligence on the part of the Contractor, or his employees, resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the Contractor at the discretion of the Engineer. 50 -07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is required to be operated automatically under the Contract and a breakdown or malfunction of the automatic controls occurs, the equipment may be operated manually or by other methods for a period 78 hours following the breakdown or malfunction, provided this method of operations will product results which conform to all other requirements of the Contract. 50 -08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the Owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials- to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the Contract. Inspectors are not authorized to issue instructions contrary to the Plans and Specifications or to act as foreman for the Contractor. Inspectors employed by the Owner are authorized to notify the Contractor or his representative of any failure of the work or materials to conform to the requirements of the Contract, Plans, or Specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for his decision. The presence of an inspector or the Engineer during any construction phase shall not in any way be used by the Contractor as an excuse for final acceptance of the work or any phase of the work; nor shall the inspector or Engineer be held responsible for any of the Contractor's work because of his presence during execution of the work. 50 -09 OBSERVATION OF THE WORK. All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed observation. If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by Specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as Extra Work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized representative of the Owner may be ordered removed and replaced at the Contractor's expense unless the Owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. Should the Contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (Contract) Owner, authorized representatives of the Owners of such facilities shall have -the right to inspect such work. Such inspection shall in no sense make any facility Owner a party to the Contract, and shall in no way interfere with the rights of the parties to this Contract. DIV I - 15 Packet Page -2189- 2/14/2012 Item 16.G.2. 50 -10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does not form to the requirements of the Contract, Plans, and Specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled Contractor's RESPONSIBILITY FOR WORK of Section 70. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the Plans or as given, except as herein specified, or any Extra Work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the Contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the Owner) from any monies due or to become due the Contractor. 50 -I1 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the contractor of liability for damage which may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over a the base course or surface under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor shall be responsible for all damage done by his hauling equipment and shall correct such damage at his own expense. 50 -12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work buring construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All cost of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various Contract items, and the Contractor will not be paid an additional amount for such work. 50 -13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the condition that exists. DIV I - 16 Packet Page -2190- 2/14/2012 Item 16.G.2. Should the Contractor fail to respond to the Engineer's notification, the Engineer may suspend any work necessary for the Owner to correct such unsatisfactory maintenance condition, depending on the condition that exists. Any maintenance cost incurred by the Owner, shall be deducted from monies due or to become due the Contractor. 50 -14 .PARTIAL ACCEPTANCE. If any time during the prosecution of the project the Contractor substantially complete a usable unit or portion of the work, the occupancy of which will benefit the Owner, he may request the Engineer to examine the unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the Contract, he may accept it as being completed, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the Owner shall not void or alter any provision of the Contract. 50 -15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire project, the Engineer and Owner will review the complete project. If all construction provided for and contemplated by the Contract is found to be completed in accordance with the Contract, Plans, and Specifications, such review shall constitute the final review. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final review. If, however, the review 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 review will be made which shall constitute the final review, provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final review. 50 -16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due him for work or materials not clearly provided for in the Contract, Plans, or Specifications or previously authorized as Extra Work, he shall notify the Engineer in writing of his intention to claim such additional compensation before he begins the work on which he bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within 10 calendar days, submit his written claim to the Engineer who will present it to the Owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. 50 -17 WARRANTY AND GUARANTEE. The Contractor warrants to the Owner that all materials furnished under this Contract shall be new unless specified and defects and in conformance with Contract requirements. Any work not so conforming to these standards may be considered defective. If, within one year after the date of final acceptance of the work, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract, any of the work is found to be defective or not in accordance with Contract requirements, the Contractor shall correct it promptly after receipt of written notice form the Owner to do so. DIV I - 17 Packet Page -2191- 2/14/2012 Item 16.G.2. The obligations of the Contractor in this paragraph titled WARRANTY AND GUARANTEE shall be in addition to and not in limitation of any obligations imposed upon him by special guarantees required by the Contract or otherwise prescribed bylaw. 50 -18 CONCEALED CONDITIONS. Should conditions encountered below the surface of the ground or should concealed or unknown conditions in an existing structure vary to an unreasonable extent from the conditions indicated by the drawings and Specifications, the Engineer shall be notified by the Contractor and instructions shall be equitably adjusted upon claim of either party made within thirty (30) days after the first observation of the conditions if shown on the drawings or attached to these Specifications, are presented only as information that is available indicating certain conditions found and limited to the exact locations and dates shown. Neither the Owner nor the Engineer shall be responsible for making the determination of water table variations prior to bidding and shall not assume that any water levels shown by the aforesaid core boring data will necessarily by maintained at the level indicated. 50 -19 RECORD SET DRAWINGS. The Contractor shall, without additional cost, keep a separate copy of all Specifications, drawings, addenda, modifications, and shop drawings at the site in good order and annotated currently to show all changes made during the construction process. These shall be available to the Engineer for review of record information thereon each month prior to approval of monthly application for payment, and shall be delivered to him for the Owner upon completion of the Project. Record information shall include but not be limited to record dimensions, finished pavement grades, finished elevation of structures, record inverts, etc. The Contractor shall, without additional cost, furnish to the Owner three (3) complete sets of all maintenance manuals, parts lists, and operating instructions covering materials, equipment and installations having moving parts. It is mandatory that all of the aforesaid be delivered at the same time and with the materials, equipment, and installations, so that proper installation and operation can be promptly made. 50 -20 TERMINATION OF CONTRACTOR'S RESPONSIBILITY. The Contact will be considered complete when all work has been completed and has been accepted by the Owner. The Contractor will then be released from further obligation except as set forth in his bond. SECTION 60 - CONTROL OF MATERIALS 60 -01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on the work shall conform to the requirements of the Contract, Plans, and Specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished within 30 calendar days after execution of the Contract but, in all cases, prior to delivery of such materials. . At the Engineer's option, materials may be approved at the source of supply before delivery is stated. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. DIV I - 18 Packet Page -2192- 2/14/2012 Item 16.G.2. The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited materials specifications. In addition, where an FAA specification for airport lighting equipment is cited in the Plans or Specifications, the Contractor shall furnish such equipment that is: (a) Listed in FAA Advisory Circular (AC) 150/5345 -1, Approved Airport Equipment, that is in effect on the date of advertisement; and, (b) Produced by the manufacturer qualified (by FAA) to produce such specified and listed equipment. Airport lighting equipment, if any, required for this Contract and to be furnished by the Contractor in accordance with this subsection, is listed by equipment name, cited FAA specification, and effective FAA Advisory Circular or approval letter for equipment and manufacturer in the Special Provisions of this Contract. 60 -02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. All materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of AASHTO or ASTM which are current on the date of advertisement for bids will be made by and at the expense of the Owner. Samples will be taken by a qualified representative of the Owner. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at his request. 60 -03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the Contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with Contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. When a material or assembly is specified by "brand name or equal" and the Contractor elects to furnish the specified "brand name," the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: (a) Conformance to the specified performance, testing, quality or dimensional requirements; and, (b) Suitability of the material or assembly for the use intended in the Contract work. Should the Contractor propose to furnish an "or equal" material or assembly, he shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or DIV I - 19 Packet Page -2193- 2/14/2012 Item 16.G.2. assembly. However, the Engineer shall be the sole judge as to whether the proposed "or equal" is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60 -04 PLANT INSPECTION. The Engineer or his authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for his acceptance of the material or assembly. Should the Engineer conduct plant inspections, the following conditions shall exist: (a) The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials. (b) The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. (c) If required by the Engineer, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to the plant. It is understood and agreed that the Owner shall have the right to retest any material which has been tested and approved at the source of supply after it has been delivered to the site. The Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the Contract, Plans, or Specifications. 60 -05 REVIEW AND ACCEPTANCE OF MATERIALS. The Contractor shall furnish to the Engineer, for review, all Contractor's, subcontractor's and manufacturer's drawings, which shall be deemed to include shop material lists and performance data, which may be required by the Specifications, requested by the Engineer or otherwise necessary for the proper execution of the work. At the time of each submission, the Contractor shall in writing call the Engineer's attention to any deviations that the shop drawings may have from the requirements of the Contract documents. Where called for, the Contractor shall furnish two samples of each material, texture, color, etc., clearly labeled as to name and quality of material, manufacturer and application on the job. No work requiring a shop drawing or sample submission shall be started until the submission has been reviewed by the Engineer. The Engineer's review of shop drawings or samples will not relieve the Contractor from his responsibility for any deviations from the requirements of the Contract documents unless the Contractor has in writing called the Engineer's attention to such deviations at the time of submission and the Engineer has given written comments on the specific deviation, nor will it relieve the Contractor from errors or omissions in the shop drawings. 60 -06 ENGINEER'S FIELD OFFICE AND LABORATORY. When specified and provided for as a Contract item, the Contractor shall furnish a building for the exclusive use of the Engineer as a field office and DIV I - 20 Packet Page -2194- 2/14/2012 Item 16.G.2. field testing laboratory. The building shall be furnished and maintained by the Contractor as specified herein and shall become property of the Contractor when the Contract work is completed. 60 -07 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the Plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the Owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property Owner's permission. All storage sites on private or airport property shall be restored to their original condition by the Contractor at his entire expense, except as otherwise agreed to in writing by the owner or lessee of the property. 60 -08 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the Contract, Plans, or Specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the Engineer has approved its used in the work. 60 -09 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required to complete the work, except those specified herein (if any) to be furnished by the Owner. Owner - furnished materials shall be made available to the Contractor at the location specified herein. All costs of handling, transportation from the specified location to the site of work, storage, and installing Owner furnished materials shall be included in the unit price bid for the Contract item in which such Owner furnished material is used. After any Owner furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur during the Contractor's handling, storage, or use of such Owner - furnished material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the Contractor's handling, storage, or use of Owner - furnished materials. SECTION 70 - LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70 -01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner and all his officers, agents, or DIV I - 21 Packet Page -2195- 2/14/2012 Item 16.G.2. servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his employees. 70 -02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. 70 -03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or Owner. The Contractor and the surety shall indemnify and save harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work. 70 -04 RESTORATION OF SURFACES DISTURBED BY OTHERS. Except as listed in the drawings, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of work without the written permission of the Engineer. Should the owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such Owners by arranging and performing the work in this Contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed elsewhere in the Contract documents. When ordered as Extra Work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the Contract, Plans, or Specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. 70 -05 FEDERAL AID PARTICIPATION. For AIP/WPI contracts, the United States Government (FAA) and /or the State of Florida (FDOT) has agreed to reimburse the Owner for some portion of the Contract costs. Such reimbursement is made from time to time upon the Owner's (Sponsor's) request to the FAA/FDOT. In consideration of the United Sates Government's (FAA) and/or the State of Florida's (FDOTs) agreement with the Owner, the Owner has included provisions in this Contract pursuant to the requirements of the Airport Improvement Act (Act) of 1982, as amended, and /or the Joint Participation Agreement (JPA) and the Rules and Regulations of the FAA and FDOT that pertain to the work. As required by the Act/JPA, the Contract work is subject to the inspection and approval of duly authorized representatives of the FAA/FDOT, and is further subject to those provisions of the rules and regulations that are cited in the Contract, Plans, or Specifications. No requirement of the Act/JPA, the rules and regulations implementing the Act/JPA, or this Contract shall be construed as making the United States Government/State of Florida a party to the Contract nor will any such requirement interfere, in any way, with the rights of either party to the Contract. DIV I - 22 Packet Page -2196- 2/14/2012 Item 16.G.2. 70 -06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions are unsanitary, hazardous, or dangerous to his health or safety. 70 -07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his operations and those of his subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to his own operations and those of his subcontractors and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified ' in the subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter. 70 -08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably illuminated. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office). When the work requires closing an air operations area of the airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 150/5340 -1, Marking of Paved Areas on Airports, latest edition. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stock piles, and his parked construction equipment that may be hazardous to the operation of emergency fire- rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370 -2, Operational Safety on Airports During Construction Activity, latest edition. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to FAA Advisory Circular 150/5370 -2, latest edition. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work which requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer.. Open -flame type lights shall not be permitted within the air operations areas of the airport. 70 -09 WORK ACCESS. Any haul roads, ditch crossings, storage areas, etc., that the Contractor may require shall be constructed and maintained at the Contractor's expense. DIV I - 23 Packet Page -2197- 2/14/2012 Item 16.G.2. The Contractor shall not use runways, taxiways or other paved areas on the air operations portions of the airport for access to and from the job site unless authorized by the Owner. No equipment or vehicles will be allowed on the air operations portions of the airport except as authorized by the Owner. Any runways, taxiways or other paved areas damaged by the Contractor's vehicles or equipment shall be repaired by the Contractor at no cost to the Owner. From time to time when required, the Contractor shall be Contractor's vehicles or equipment and men from along the edge of the runway /taxiway /apron to allow aircraft operations on the pavement. 70 -10 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and, in general, not closer than 1,000 feet from the work or from any building, road, or other place of human occupancy. The Contractor shall notify each property owner and public utility company having structures or facilities in proximity to the site of the work of his intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. The use of electrical blasting caps shall not be permitted on or within 1,000 feet of the airport property. 70 -11 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer has witnessed or otherwise referenced their location and shall not move them until directed. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the work, resulting from any act, omission, neglect, or misconduct in his manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the nonexecution thereof by the Contractor, he shall restore, at his own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. 70 -12 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the Owner and their officers, and employees from all suits actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the DIV I - 24 Packet Page -2198- 2/14/2012 Item 16.G.2. "Workmen's Compensation Act," or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his contract as may be considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due, his surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the Owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. 70 -13 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the Contract that it is not intended by any of the provisions of any part of the Contract to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the Contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the Contract. 70 -14 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for-the Contractor to complete portions of the Contract work for the beneficial occupancy of the Owner prior to completion of the entire Contract, such "phasing" of the work shall be specified herein and indicated on the Plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. Upon completion of any portion of the work listed above, such portion shall be accepted by the Owner in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50. No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the Contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the Owner shall be repaired by the Contractor at his expense. 70 -15 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final. acceptance and shall bear the expense thereof except damage to the work due to unforeseeable 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. If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage - and shall erect necessary temporary structures, signs, or other facilities at his expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seedings, and sodding furnished under his Contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. DIV I - 25 Packet Page -2199- 2/14/2012 Item 16.G.2. 70 -16 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the Owner of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA), or a utility service of another government agency that may be authorized by the Owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control his operations to prevent the unscheduled interruption of such utility services and facilities. To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the Contract work, the approximate locations have been indicated on the Plans and the Owners and THE PERSON TO CONTACT are indicated as follows: Utility, Service or Facility: . Collier County Airport Authority Person to ( :intact Executive Director Underground Utilities Call Sunshine Emergency Telephone Number: (239) 642 -7878 (800) 4324770 It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the Plans or encountered in the Work. Any inaccuracy or omission in such information shall not relieve the Contractor of his responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the Contract, notify the Owners of all utility services or other facilities of his plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition to the general written notification hereinbefore provided, it shall be the responsibility of the Contractor to keep such individual Owners advised of changes in his plan of operations that would affect such owners. Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such Owner of his plan of operation. If, in the Contractor's opinion, the Owner's assistance is needed to locate the utility service or facility or the presence of a representative of the Owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility Owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the Engineer to suspend the Contractor's operations in the general vicinity of a utility service or facility. DIV I - 26 Packet Page -2200- 2/14/2012 Item 16.G.2. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet of such outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility Owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his operations whether or not due to negligence or accident. The Contract Owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his surety. 70 -17 FURNISHING RIGHTS -OF -WAY. The Owner will be responsible for furnishing all rights -of -way upon which the work is to be constructed in advance of the Contractor's operations. 70 -18 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the Contract provisions or in exercising any power or authority granted to him by this Contract, there shall be no liability upon the Engineer, his authorized representatives, or any officials of the Owner either personally or as an official of the Owner. It is understood that in such matters they act solely as agents and representatives of the Owner. 70 -19 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or estop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the Owner be precluded or estopped from recovering from the Contractor or his surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his obligations under the Contract. A waiver on the part of the Owner of any breach of any part ofthe Contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the Contract, shall be liable to the Owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Owner's rights under any warranty or guaranty. 70 -20 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. In the event of conflict between Federal, State or local laws, codes, ordinances, rules and regulations concerning pollution control, the most restrictive applicable ones shall apply. The Contractor shall pay special attention to the pollution control requirements of the several specifications. Work items which may cause excessive pollution and shall be closely controlled by the Contractor are: (a) Clearing, grubbing, burning or other disposal. (b) . Stripping, excavation, and embankment. DIV I - 27 Packet Page -2201- 2/14/2012 Item 16.G.2. (c) Drainage and ditching. (d) Aggregate production, handling and placing. (e) Cement, lime or other stabilization. (f) Concrete and bituminous materials handling, production, and paving. (g) Seeding, fertilizing, mulching and use of herbicides or insecticides. (h) Contractor's own housekeeping items; haul roads; sanitary facilities; water supply; equipment fueling, servicing and cleaning; job clean up and disposal. When the Contractor submits his tentative progress schedule in accordance with PROSECUTION and PROGRESS, Section 80, he shall also submit for acceptance of the Engineer, his schedules for accomplishment of temporary and permanent erosion control work, as are applicable for clearing, grading, structures at watercourses, construction, and paving, and his proposed method of erosion control schedules and methods of operations have been accepted by the Engineer. All bituminous and portland cement concrete proportioning plants shall meet state requirements. The following listed stipulations shall apply to this Contract unless more restrictive ones are specified by the Plans, special provisions, laws, codes, ordinance, etc. Cost of pollution control shall be incidental to the appropriate work items unless otherwise specified. (1) Control of Water Pollution and Siltation. a. All work of water pollution and siltation control is subject to inspection by the local and/or state governmental enforcing agent. b. All applicable regulations of fish and Wildlife agencies and statues relating to the prevention and abatement of pollution shall be complied with in the performance of the Contract. c. Construction operations shall be conducted in such manner as to reduce erosion to the practicable minimum and to prevent damaging siltation of watercourses, streams, lakes or reservoirs. The surface area of erodible land, either on or off the airport site, exposed to the elements by clearing, grubbing or grading operations, including gravel pits, waste or disposal areas and haul roads, at any on time, for this Contract, shall be subject to approval of the Engineer and the duration of such exposure prior to final trimming and finishing of the areas shall have full authority to order the suspension of grading and other operations pending adequate and proper performance of trimming, fmishing and maintenance work or to restrict the area of erodible land exposed to the elements. d. Materials used for permanent erosion control measures shall meet the requirements of the applicable Specifications. Gravel or stone, consisting of durable particles of rock and containing only negligible quantities of fines, shall be used for construction pads, haul roads and temporary roads in or across streams. DIV I - 28 Packet Page -2202- 2/14/2012 Item 16.G.2. e. Where called for on the Plans, a stilling basin shall be constructed to prevent siltation in the stream from construction operations. f. The disturbance of lands and waters that are outside the limits of construction as staked in prohibited, except as found necessary and approved by the Engineer. g. The Contractor shall conduct his work in such manner as to prevent the entry of fuels, oils, bituminous materials, chemicals, sewage or other harmful materials into streams, rivers, lakes or reservoirs. h. Water form aggregate washing or other operations containing sediment shall be treated by filtration, by use of a settling basin or other means to reduce the sediment content to a level acceptable to the local and/or state governmental enforcing agent. i. All waterways shall be cleared as soon as practicable of falsework, piling, debris or other obstructions placed during construction operations and not a part of the finished work. Care shall be taken during construction and removal of such barriers to minimize the muddying of a stream. j. The Contractor shall care for the temporary erosion and siltation control measures during the period that the temporary measures are required and for the permanent erosion control measures until the Contract has been completed and accepted. Such care shall consist of the repair of areas damaged by erosion, wind, fire or other causes. k. Permanent and temporary erosion control work that is damaged due to the Contractor's operations or where the Work required is attributed to the Contractor's negligence, carelessness or failure to install permanent controls at the proper time, shall be repaired at the Contractor's expense. (2) Open Burning of Combustible Wastes. a. The Contractor shall obtain a burning permit from local authorities, where applicable, prior to any burning. b. All burning shall conform to the conditions of the permit, except that the conditions herein shall apply if they are more restrictive. c. No tires, oils (except atomized fuels applied by approved equipment), asphalt, paint, or coated metals shall be permitted in combustible waste piles. d. Burning will not be permitted within 1,000 feet of a residential or built -up area nor within 100 feet of any standing timber or flammable growth unless otherwise specified. e. Burning shall not be permitted unless the prevailing wind is away from a nearby town or built -up area. f. Burning shall not be permitted during a local air inversion or other climatic condition as would result in a pall of smoke over a nearby town or built -up area. DIV I - 29 Packet Page -2203- 2/14/2012 Item 16.G.2. g. Burning shall not be permitted when the danger of brush of forest fires is made known by Federal, State, or local officials. h. The size and number of fires shall be restricted to avoid the danger of brush or forest fires. Burning shall be done under surveillance of a watchman who shall have fire- fighting equipment and tools readily available. (3) Control of Other Air Pollutants. a. Minimum possible areas of open grading, borrow or aggregate excavation shall be exposed at one time, consistent with the progress of the Work. b. Grading areas shall be kept at proper moisture conditions. c. Sand or dust blows shall be temporarily mulched, with or without seeding, or otherwise controlled with stabilizing agents. d. Temporary roads, haul routes, traffic or work areas shall be stabilized with dust palliative, penetration asphalt, wood chips, or other approved measures to prevent dust pollution. e. Cements, fertilizers, chemicals, volatiles, etc., shall be stored in proper containers or with proper coverings to prevent accidental discharge into the air. f. Aggregates bins, cement bins, and dry material batch trucks shall be properly covered to prevent loss of material to the air. g. Drilling, grinding and sand blasting apparatus shall be equipped with water, chemical, or vacuum dust controlling systems. h. Applications of chemicals and bitumens shall be held to recommended rates. i. Bituminous mixing plants shall be equipped with dust collectors as noted in the Specifications. j. Quarrying, batching, and mixing operations and the transfer of material between trucks, bins, or stockpiles shall be properly controlled to minimize dust diffusion. k. When necessary, certain operations shall be delayed until proper wind or climatic conditions exist to dissipate or inhibit potential pollutants to the satisfaction of the Engineer. 70 -21 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his operations, any building, part of a building, structure,. or object which is incongruous with its surroundings, he shall immediately cease operations in that location and notify DIV I - 30 Packet Page -2204- 2/14/2012 Item 16.G.2. the Engineer. The Engineer will immediately investigate the Contractor's finding and will direct the Contractor to either resume his operations or to suspend operations as directed. Should the Engineer order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform Extra Work, such shall be covered by an appropriate contract modification (change order or supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If appropriate, the Contract modification shall include an extension of Contract time in accordance with the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. 70 -22 LIENS. Neither the final payment nor any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the Owner a complete release of all liens arising out of this Contract, or receipts in full in lieu thereof, and, if required in either case, an affidavit that so far as he has knowledge or information the releases and receipts include all the labor and materials for which a lien could be filed: but the Contractor may, if any Subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the Engineer, to indemnify the Owner against any lien. If any lien remains unsatisfied after all payment are made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney's fee. 70 -23 INSURANCE. The Contractor shall not commence work under this Contract until he has obtained and provided insurance of the character specified in the special provisions which will provide adequate protection to the Owner and the Contractor against all liabilities, damages and accidents, nor shall he commence work until such insurance has been approved by the Owner. Neither approval by the Owner, nor a failure to disapprove insurance furnished by a Contractor shall release the Contractor of full responsibility for liability, damages and accidents as set forth herein. The Contractor shall maintain such required insurance in force during the life of this Contract, and no modification or change in insurance coverage and provisions shall be made without thirty (30) days written advance notice to the Owner. The Contractor shall furnish certificates of insurance to the Owner prior to commencing any operations under this Contractor, which certificates shall clearly indicate that the Contractor has obtained insurance, in this type, amount and classification, in strict compliance with this subsection. 70 -24 SUBMITTAL OF WAGE RATE SUMMARY. It shall be a condition of this Contract and shall be made a condition of all Subcontractors entered into pursuant to this Contract, that the Contractor and any Subcontractor will submit to the Owner weekly, one copy of the Summary of Wage Rates. SECTION 80 - PROSECUTION AND PROGRESS 80 -01 SUBLETTING OF CONTRACT. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by a other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. Should the Contractor elect to assign his Contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the Owner, and shall be consummated only on the written DIV I - 31 Packet Page -2205- 2/14/2012 Item 16.G.2. approval of the Owner. In case of approval, the Contractor shall file copies of all subcontracts with the Engineer. 80 -02 PRE - CONSTRUCTION CONFERENCE. After the award of the Contract and prior to the issuance of the "Notice to Proceed ", a conference will be held to discuss the "Notice to Proceed" date, to establish procedures for handling shop drawings and other submissions and for processing applications for payment, and to establish a working understanding between the parties as to the project. 80 -03 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date Contract time will be charged. The Contractor shall begin the Work to be performed under the Contract within 10 calendar days of the date set by the Engineer in the written notice to proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction will begin. 80 -04 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit his progress schedule for the Engineer's approval within 10 days after the effective date of the notice to proceed. The Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the Plans and Specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the Contract time and modify his operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. The Contractor shall not commence any work prior to the date set forth in the notice to proceed. 80 -05 LIMITATION OF OPERATIONS. The Contractor shall control his operations and the operations of his subcontractors and all suppliers so as to provide for the free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport. When the work requires the Contractor to conduct his operations within an AIR OPERATIONS AREA of the airport, the work shall be coordinated with airport management (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an AIR OPERATIONS AREA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70. When the Contract work requires the Contractor to work within an AIR OPERATIONS AREA of the airport on an intermittent basis .(intermittent opening and closing of the AIR OPERATIONS AREA), the Contractor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the AIR OPERATIONS AREA; immediately obey all instructions to resume work in such AIR OPERATIONS AREA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AIR OPERATIONS AREA until the satisfactory conditions are provided. DIV I - 32 Packet Page -2206- 2/14/2012 Item 16.G.2. 80 -06 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the Contract, Plans, and Specifications. All workers shall have sufficient skill and experience to perform properly the Work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. All equipment which is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to met requirements of the Work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use. Any person employed by the Contractor or by any subcontractor who, in the opinion of the Engineer, does not perform his work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Engineer, be removed forthwith by the Contractor or subcontractor employing such person, and shall not be employed again in any portion of the work without the approval of the Engineer. Should the Contractor fail to remove such person or persons or fail to furnish suitable and sufficient personnel for the proper prosecution of the work, the Engineer may suspend the work by written notice until compliance with such orders. All Equipment which is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use. When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the Contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the Contract, Plans, and Specifications. When the Contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the Contract, he may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with Contract requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet Contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the Contract items involved nor in Contract time as a result of authorizing a change in methods or equipment under this subsection. 80 -07 TEMPORARY SUSPENSION OF THE WORK. The Owner shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is DIV I - 33 Packet Page -2207- 2/14/2012 Item 16.G.2. necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the Contract. In the event that the Contractor is ordered by the Owner, in writing, to suspend work for some unforeseen cause not otherwise provided for in the Contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the Owner's order to suspend work to the effective date of the Owners' order to resume the work. The Contractor shall submit with his claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim to the Owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Contractor, or for any other delay provided for in the Contract, Plans, or Specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport. 80 -08 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar days allowed for completion of the work shall be stated in the proposal and Contract and shall be known as the Contract Time. Should the Contract Time require extension for reasons beyond the Contractor's control, it shall be adjusted as follows: (a) CONTRACT TDAE based on WORKING DAYS shall be calculated weekly by the Engineer. The Engineer will furnish the Contractor a copy of his weekly statement of the number of working days charged against the Contract Time during the week and the number of working days currently specified for completion of the Contract (the original Contract Time plus the number of working days, if any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). The Engineer shall base his weekly statement of Contract Time charged on the following considerations: (1) No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least 6 hours with the normal work force employed on such principal item. Should the normal work force be on a double -shift, 12 hours shall be used. Should the normal work force be on a triple -shift, 18 hours shall apply. Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered by the Engineer for reasons not the fault of the Contractor shall not be charged against the Contract Time. (2) The Engineer will not make charges against the Contract Time prior to the effective date of the notice to proceed. (3) The Engineer will begin charges against the Contract Time on the first working day after the effective date of the Notice to Proceed. DIV I - 34 Packet Page -2208- 2/14/2012 Item 16.G.2. (4) The Engineer will not make charges against the Contract Time after the date of final acceptance as defined in the subsection title FINAL ACCEPTANCE of Section 50. (5) The Contractor will be allowed I week in which to file a written protest setting forth his objections to the Engineer's weekly statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor. Contract Time (stated in the proposal) is based on the originally estimated quantities as described in the subsection titled INTERPRETATION OF PROPOSAL QUANTITIES of Section 20. Should the satisfactory completion of the Contract require performance of work in greater quantities than those estimated in the proposal, the Contract Time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in Contract Time shall not consider either the cost of work or the extension of Contract Time that has been covered by change order or supplemental agreement and shall be made at time of final payment. (b) Contract Time based on Calendar Days shall consist of the number of calendar days stated in the Contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and non -work days. All Calendar Days elapsing between the effective dates ofthe Owner's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. At the time of final payment, the Contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the Contract time shall not consider either cost of work or the extension of Contract Time that has been covered by a change order or supplemental agreement. Charges against the Contract Time will cease as of the date of final acceptance. (c) When the Contract Time is a specified completion date, it shall be the date on which all Contract Work shall be substantially completed. If the Contractor finds it impossible for reasons beyond his control to complete the work within the Contract Time as specified, or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the Contract time as extended, make a written request to the Engineer for an extension of time setting forth the reasons which he believes will justify the granting of his request. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may extend the time for completion in such amount as the conditions justify. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion. 80 -09 FAILURE TO COMPLETE ON TIME. For each calendar day, as specified in the Contract, that any Work remains uncompleted after the Contract time (including all extensions and adjustments as provided in the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this section) the sum specified in the Contract and proposal as liquidated damages will be deducted from any money due or to become due the Contractor or his surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in his Contract. DIV I - 35 Packet Page -2209- f .— .:.w.+.m e..xw xwx., + #*MYAAhR=2'.k 'w­ , .'.,. ,. . . . 2/14/2012 Item 16.G.2. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the Owner of any of its rights under the Contract. One dollar ($1) a day damages. 80 -10 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his Contract and such default will be considered as cause for the Owner to terminate the Contract for any of the following reasons if the Contractor: (a) Fails to begin the work under the Contract within the time specified in the "Notice to Proceed," Ki (b) Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the Contract, or (c) Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or or (d) Discontinues the prosecution of the work, or (e) Fails to resume work which has been discontinued within a reasonable time after notice to do so, (f) Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or (g) Allows any final judgment to stand against him unsatisfied for a period of 10 days, or (h) Makes an assignment for the benefit of creditors, or (i) For any other cause whatsoever, fails to carry on the work in an acceptable manner. Should the Engineer consider the Contractor in default of the Contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the Contractor's surety as to the reasons for considering the Contractor in default and the Owner's intentions to terminate the Contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed. in accordance therewith, then the Owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the Contract, to take the prosecution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said Contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said Contract in an acceptable manner. All costs and charges incurred by the Owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the Contract, then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess. DIV I - 36 Packet Page -2210- 2/14/2012 Item 16.G.2. 80 -11 TERMINATION FOR NATIONAL EMERGENCIES. The Owner shall terminate the Contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction Contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of National Defense. When the Contract, or any portion thereof, is terminated before completion of all items of work in the Contract, payment will be made for the actual number of units or items of work completed at the Contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the Contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer. Termination of the Contract or a portion thereof shall neither relieve the Contractor of his responsibilities for the completed work nor shall it relieve his surety of its obligation for and concerning any just claim arising out of the work performed. SECTION 90 - MEASUREMENT AND PAYMENT 90 -01 MEASUREMENT OF QUANTITIES. All work completed under the Contract will be measured by the Engineer, or his authorized representatives, using units of measurement specified in the Contract Documents. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the Contract will be those methods generally recognized as conforming to good Engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave -outs) having an area of 9 square feet (1 sq. meter) or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the Plans or ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the Plans or as altered to fit field conditions. Unless otherwise specified, all Contract items which are meas ured by the linear foot (meter) such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. In computing volumes of excavation the average end area method or other acceptable methods will be used. The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inches. DIV I - 37 Packet Page -2211- 2/14/2012 Item 16.G.2. The term "ton" will mean the short ton consisting of 2,000 pounds (907 kilograms) avoirdupois. All materials which are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designed by the Engineer. If material is shipped by rail, the car weight may accepted provided that only the actual weight of material be paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable to the Engineer, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery. When requested by the Contractor and approved by the Engineer in writing, material specified to be measured by the cubic yard (meter) may be weighed, and such weights will be converted to cubic yards (meters) for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. Bituminous materials will be measured by the gallon, ton or liter. When measured by volume, such volumes will be measured at 60° F (15° C) or will be corrected to the volume at 60° F (15° C) using ASTM D 1250 for asphalts or ASTM D 633 for tars. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton (kilogram) or hundredweight (kilogram). Timber will be measured by the thousand feet board measure (M.F.B.M.) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the Contract. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Engineer in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT work of this section. DIV I - 38 Packet Page -2212- 2/14/2012 Item 16.G.2. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited Specifications, manufacturing tolerances established by the industries involved will be accepted. Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. Scales shall be accurate within one -half percent of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the inspector before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one -tenth of 1 percent of the nominal rated capacity of the scale, but not less than 1 pound (454 grams). The use of spring balances will not be permitted. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them. Scale installations shall have available ten standard 50 -pound (23 kilogram) weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales 'overweighing" (indicating more than correct weight) will not be permitted to operate, and all materials received subsequent to the last previous correct weighing- accuracy test will be reduced by the percentage of error in excess of one -half of one percent. In the event inspection reveals the scales have been "underweighing" (indicating less than correct weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit Contract prices for the various items of the project. When the estimated quantities for a specific portion of the work are designated as the pay quantities in the Contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the Plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 90 -02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the Contract as full payment for furnishing all materials, for performing all work under the Contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70. DIV I - 39 Packet Page -2213- 2/14/2012 Item 16.G.2. When the "basis of payment" subsection of a technical specification requires that the Contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other Contract item which may appear elsewhere in the Contract, Plans, or Specifications. 90 -03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40, will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his unbalanced allocation of overhead and profit among the contract, items, or from any other cause. 90 -04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any Contract item, except major Contract items, in the best interest of the Owner. Should the Engineer omit or order nonperformance of a Contract item or portion of such item from the work, the Contractor shall accept payment in full at the Contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or nonperform such Contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted Contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted Contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. 90 -05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK, Extra Work, performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the Contract prices or agreed prices specified in the change order or supplemental agreement authorizing the Extra Work. When the change order or supplemental agreement authorizing the Extra Work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials plus a negotiated and agreed upon allowance for overhead and profit. a. Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. b. Comparison of Record. The Contractor and the Engineer shall compare records of the cost of force account work at the end of each day. Agreement shall be indicated by signature of the Contractor and the Engineer or their duly authorized representatives. DIV I - 40 Packet Page -2214- 2/14/2012 Item 16.G.2. e. Statements. No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer with duplicate itemized statements of the cost of such force account work detailed as follows: (1) Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman. (2) Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment. (3) Quantities of materials, prices, and extensions. (4) Transportation of materials. (5) Cost of property damage, liability and workman's compensation insurance premiums, unemployment insurance contributions, and social security tax. Statements shall be accompanied and supported by a receipted invoice for all materials used and transportation charges. However, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from his stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor. 90 -06 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the work progresses. Said payments will be based upon estimates prepared by the Engineer of the value of the work performed and materials complete in place in accordance with the Contract, Plans, and Specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than five hundred dollars. From the total of the amount determined to be payable on a partial payment, 10 percent of such total amount will be deducted and retained by the Owner until the final payment is made, except as may be provided (at the Contractor's option) in the subsection titled PAYMENT OF WITHHELD FUNDS of this section. The balance (90 percent) of the amount payable, Iess all previous payments, shall be certified for payment. Should the Contractor exercise his option, as provided in the subsection titled PAYMENT OF WITHHELD FUNDS of this section, no such 10 percent retainage shall be deducted. When not less than 95 percent of the work has been completed the Engineer may, at his discretion and with the consent of the surety, prepare an estimate from which will be retained an amount not less than twice the Contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. DIV I - 41 Packet Page -2215- 2/14/2012 Item 16.G.2. No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of fmaI payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section. 90 -07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the Contract, Plans, and Specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the Owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: (a) The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. (b) The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. (c) The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. (d) The Contractor has furnished the Owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. (e) The Contractor has furnished the Owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at anytime prior to use in the work. It is understood and agreed that the transfer of title and the Owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his responsibility for furnishing and placing such materials in accordance with the requirements of the Contract, Plans, and Specifications. In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the Contract price for the contract item in which the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection. 90 -08 PAYMENT OF WITHHELD FUNDS. At the Contractor's option, he may request that the Owner accept (in lieu of the 10 percent retainage on partial payments described in the subsection titled PARTIAL PAYMENTS of this section) the Contractor's deposits in escrow under the following conditions: (a) The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the Owner. (b) The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the Owner and having a value not less than the 10 percent retainage that would otherwise be withheld from partial payment. DIV I - 42 Packet Page -2216- 2/14/2012 Item 16.G.2. (c) The Contractor shall enter into an escrow agreement satisfactory to the Owner. (d) The Contractor shall obtain the written consent of the surety to such agreement. 90 -09 ACCEPTANCE AND FINAL PAYMENT. When the Contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the Contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30 -day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection,. such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. DIV I - 43 Packet Page -2217- F-.:ro. .. - «m�•.�rra::. ;N.vems�e.«w...?., w, x ,,,: .... „-. �..-,....-+. wv�� ....�.w� ;,�.r..wmw,»..a:.»... 2/14/2012 Item 16.G.2. MODIFICATION TO GENERAL PROVISIONS Notwithstanding anything to the contrary in either the General Provisions or other Supplemental General Conditions, the following General Provisions are hereby added to, deleted from or otherwise modified and supplemented as follows: ADD TO SECTION 10 - DEFINITION OF TERMS BID - A completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. BIDDING DOCUMENTS - The Legal Advertisement, Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. DESIGN PROFESSIONAL - Refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the'construction of the project. Any or all duties of the Design Professional referenced under this Agreement may be assumed, at any time, by the Project Manager on behalf of the Owner. Conversely, the Project Manager may formally assign any of his/her duties specified in this Agreement to the Design Professional. The Design Professional may also be referred to as the Engineer for contractual purposes. PROJECT MANAGER - Used herein refers to the Owner's duly authorized representative and shall mean a Division Administrator or Department Director acting directly or through duly authorized representatives. GC- CA -I -1 Packet Page -2218- 2/14/2012 Item 16.G.2. SUCCESSFUL BIDDER - The lowest qualified, responsible and responsive Bidder who is awarded the contract by the Collier County Airport Authority, on the basis of the Owner's evaluation. ADD TO SECTION 30 -02, AWARD OF CONTRACT Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation shall file his protest with the Purchasing Director, in writing, prior to the time of the bid opening. ADD TO BOTH SECTION 40 -2 AND SECTION 40 -4 the following: Notwithstanding anything to the contrary in this Section, any change in the cost of the work, whether deemed to be an increase in quantities, an alteration, or extra work and whether accomplished by the stated change order procedure, supplemental agreement or otherwise, that exceeds 10% of the original contract amount or Fifty Thousand Dollars ($50,000) must be submitted to and approved by the Board of County Commissioners. ADD TO SECTION 50 -04 the following: The superintendent shall not be replaced without prior written notice to the Owner except under extraordinary circumstances. The Owner shall have the right to direct Contractor to remove and replace the superintendent, with or without cause. GC- CA -I -2 Packet Page -2219- 2/14/2012 Item 16.G.2. ADD TO SECTION 50 -17 the following: Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractor by any materialmen supplying materials, equipment or fixtures to be incorporated in or used for the project and /or work. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or work which may be damaged as a result of correcting any work in accordance with this Section. No later than 30 days prior to expiration of the warranty, the Project Manager, Engineer, Design Professional, or any other representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the- inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the County to disqualify the Contractor from future County bid opportunities. ADD TO SECTION 70 -02 the following: To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to this work through an internal budget transfer (s). Hence, bidder shall not include these permit/fee amount(s) in their bid offer. However, the successful bidder shall retain the responsibility to initiate and complete all necessary appropriate actions to obtain the required permits other than payment for the items identified in this section. GC- CA -I -3 Packet Page -2220- 2/14/2012 Item 16.G.2. The successful bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Collier County, Florida, as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. All successful bidders will be provided a copy of Collier County's Certificate of Exemption ( #21- 07- 019995 -53c) upon contract award. Corporations, individuals, and other entities are impacted by Chapter 212, Florida Statutes, according to the type of service, sale or commodity, or other contractual arrangement to be made with Collier County. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida, the bidder is acknowledging that it is aware of its statutory responsibilities for sales tax under Chapter 212, Florida Statutes. Collier County is also exempt from most Federal excise taxes. By submittal of a properly executed response to a Bid Proposal from Collier County, Florida, the bidder is acknowledging that it is aware of its responsibilities for Federal excise taxes. DELETE SECTION 70 -12 AND SUBSTITUTE AS NEW SECTION 70 -12 the following: Contractor agrees to save harmless, indemnify and defend the Owner and the Engineer and their respective officers and employees from any and all claims, loses, penalties, demands, judgments and costs of suit, including attorneys' fees and paralegals' fees for any expense, damage or liability incurred by any of them, whether for personal injury, property damage, direct or consequential damages, or economic loss, arising directly or indirectly on account of or in connection with work done by Contractor under this contract or by any person, firm or corporation to whom any portion of the work is subcontracted by Contractor or resulting from the use by Contractor, or by anyone for - GC- CA -I -4 Packet Page -2221- 2/14/2012 Item 16.G.2. whom Contractor is legally liable, of any materials, tools, machinery or other property of Owner. This provision is intended to apply even if the injury or damages are caused in whole or in part, by any act, omission or default of the Owner or its consultants, agents, officers and employees. Owner and Contractor agree that the first $100.00 of the amount paid by Owner to Contractor under this Contract shall be given as separate consideration for this indemnification, and any other indemnification of Owner by Contractor as provided for within the Contract Documents, the sufficiency of such separate consideration being acknowledged by Contractor by Contractor's execution of the Contract. Contractor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor's limit of, or lack of, sufficient insurance protection. Money due the Contractor under and by virtue of the Contract may be considered necessary by the Owner for purposes of the Contractor's obligation under this section and may be retained for the use of the Owner or, in case no money is due, his surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evident to that effect furnished to the Owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by comprehensive liability and property damage insurance. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. GC- CA -I -5 Packet Page -2222- 2/14/2012 Item 16.G.2. DELETE FROM SECTION 70 -23 THE PHRASE 'IN THE SPECIAL PROVISIONS' IN THE FIRST SENTENCE AND SUBSTITUTE the following: in the Contract Exhibit entitled "Insurance Requirements" ADD TO SECTION 80 -7 the following: Under no circumstances will Contractor be entitled to any damages (other than possible reimbursement for actual money spent on the work during a period of shutdown) as a result of any suspension or shutdown of the project and /or work, regardless of the reason or cause for the suspension or shutdown of the project and/or work. Contractor's sole and exclusive remedy, if any, in the event of a shutdown or suspension of the project and/or work shall be to seek an extension of time to its schedule in accordance with procedures set forth in the Contract Documents. ADD TO SECTION 80 -8 the following: (d) No interruption, interference, inefficiency, or delay in the commencement or the progress of the Work for any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension of Contract time; provided, however, the granting of any such extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. GC- CA -I -6 Packet Page -2223- 2/14/2012 Item 16.G.2. ADD TO SECTION 80 -10 the following: Contractor also shall be considered to be in default of this Contract and such default will be considered as cause for the Owner to terminate the Contract where Contractor fails to obey any applicable codes, laws, ordinances, rules and regulations with respect to the work and project or materially breaches any other provision of the Contract Documents. In addition, Owner shall have the right to terminate this Contract without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to the portion of the amount earned by Contractor under the Contract through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the work and project not performed. ADD SECTION 90 -06 the following: As an additional condition for any partial payment, Contractor will be responsible for submitting to the Engineer a release and affidavit in the form provided as a Contract Exhibit waiving claims against the Owner on behalf of the Contractor and its subcontractors, materialmen, successors and assigns and also certifying on behalf of itself and subcontractors, materialmen, successors and assigns that all charges for labor, material, supplies, lands, licenses, and other expenses for which Owner may be sued or for which a lien or demand against any payment may be filed have been fully satisfied and paid. In executing and submitting any such release or affidavit, the Contractor agrees to GC- CA -I -7 Packet Page -2224- 2/14/2012 Item 16.G.2. indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or served against the Owner arising out of the performance of Contractor of the work covered by the release and affidavit. Contractor further agrees that Owner may decline to approve any partial payment because of subsequently discovered evidence or subsequent inspections. Owner may also nullify the whole or any part of any approval previously issued and Owner may withhold any payments otherwise due Contractor under the Contract or any other agreement between Owner and Contractor to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective work not remedied; (b) third party claims filed or evidence indicating the probability of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the work will be completed for the unpaid balance of the amount due under the Contract; (e) reasonable indication that the work will not be completed within the Contract time; (f) unsatisfactory performance of the work by the Contractor; or (g) any other material breach of the Contract Documents. Contractor shall submit six (6) copies it its monthly Application for Payment to the Project Manager. Within ten (10) calendar days after receipt of each Application for Payment, the Project Manager shall either: (1) indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices shall be processed in accordance with Section 218.70, F.S. and the administrative procedures established by the County's Purchasing and Finance Departments, respectively. GC- CA -I -6 Packet Page -2225- 2/14/2012 Item 16.G.2. In the event of a total denial and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and resubmit the Application for Payment. The Owner shall, within thirty (30) calendar days after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. ADD TO SECTION 90 -9 the following: As additional conditions to final payment, Contractor agrees to submit a final release and affidavit in the same form as is to be submitted for partial payments and further agrees that Contractor's Surety's consent will be required before final payment is made. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is enclosed in the agreement and labeled Exhibit G. GC- CA -I -9 Packet Page -2226- 2/14/2012 Item 16.G.2. EXHIBIT J: TECHNICAL SPECIFICATIONS 92 Construction Services Agreement: Revised 6/1/2011 Packet Page -2227- 2/14/2012 Item 16.G.2. RUNWAY 18 -36 LIGHTING REHABILITATION AT IMMOKALEE REGIONAL AIRPORT IMMOKALEE, FLORIDA FDOT FM# 414298 -1 -9401 TECHNICAL SPECIFICATIONS FOR Collier County Airport Authority Packet Page -2228- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER, 2011 TABLE OF CONTENTS SPECIFICATIONS Page Numbers Item M -100 Mobilization 100 -1 — 100 -2 Item L -101 Airport Rotating Beacons 101 -1 — 101 -5 Item L -108 Underground Power Cable For Airports 108 -1 — 108 -10 Item L -109 Airport Transformer Vault and Vault Equipment 109 -1 — 109-4 Item L -110 Airport Underground Electrical Duct Banks and Conduits 110 -1 — 110 -6 Item L -115 Electrical Manholes and Junction Structures 115 -1 — 115 -6 Item L -125 Installation of Airport Lighting Systems 125 -1 — 125 -7 SPECIAL PROVISIONS No.1 Airport Safety & Security Requirements No. 3 Protection of Cables, Controls, NAVAIDS & Weather Bureau Facilities CONSTRUCTION SAFETY PLAN Aviation Safety Requirements During Construction TOC -1 Packet Page -2229- SP1 -1 - SP1-4 SP3 -1 — SP3 -3 CSP -1 — CSP -4 2/14/2012 Item 16.G.2. 1MM0KALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER- 2011 ITEM M -100 MOBILIZATION DESCRIPTION 100 -1 GENERAL The Work specified in this section consists of the preparatory work and operations in mobilizing for beginning work on the project including, but not limited to, those operations necessary for the movement of personnel, transport of equipment, safety and security measures, temporary work equipment, supplies, and incidentals to the project site, and for the establishment of temporary offices, and as required by these Specifications, the special provisions and local laws and regulations. Any costs associated with the removal of equipment, temporary offices, signage, access gages, all toilet facilities and incidentals at the end of the project are to be included in this Item. The Contractor shall also purchase one (1) hand held radio and two (2) sets of two runway closure markers for this project that will become the property of the Owner at the time of final payment. The cost of bonds, transport of equipment, loading/unloading costs, required insurance, and any other pre - construction expense necessary for the start of the work, excluding the cost of construction materials, shall also be included in this section. This item will also include runway closure and the furnishing and installation of barricades, flagging, and flashers by the contractor. MATERIALS 100 -2.1 GENERAL Such works as required that are not to be a part of the completed Contract shall be as determined by the Contractor, except that they shall conform to any pertinent local laws, regulations, and/or codes. 100 -2.2 HAND HELD RADIOS The Contractor shall furnish one (1) hand held radio to monitor the Air Traffic Unicom Frequency of 122.9 MHz. The radios shall be Sporty's Brand, Model SP 400 or approved equal. The radio will be turned over to the Owner upon final payment for work done under this Contract. The radio shall have a spare battery pack, a 12 volt battery charging device, 120 volt battery charging device, external vehicle mounted antenna, and a water resistant carrying case. The Contractor shall instruct that the radio operator, to be trained in proper procedures by the Owner, are to maintain a listening watch on the Ground Frequency at all times when the Contractor has work forces inside the aircraft movement area of the Immokalee Regional Airport. The radio operator is to visually monitor and control the movement of men, materials and equipment on the airport. The Contractor shall have the radio operator near the work areas at all times, without exception. The radio operator shall visually monitor aircraft movements. The Contractor shall not be responsible for aircraft guidance. The Contractor shall not directly contact any aircraft except in extreme cases. There will be no separate measurement or payment for training, procuring or use of the radio. 100 -2.3 RUNEAY CLOSUIRE MARKERS The Contractor shall furnish two (2) sets of water ballasted runway closure markers as shown on the plans. The markers shall be as manufactured by Multi- Barrier Sherwin Industries, Inc. or approved equal. The Contractor shall have the markers for use during the project and will deliver said markers to Owner at end of project. The Contractor is to furnish and maintain onstruction barricades and markers as shown on the plans as directed by the engineer. M -100 -1 Packet Page -2230- 2/14/2012 Item 16.G.2. WMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER, 2011 CONSTRUCTION METHODS 100 -3.1 GENERAL Such work as is done in providing the facilities and service under this item shall be done in a safe and workmanlike manner and shall conform to any pertinent local or local laws, regulations, or code. Good housekeeping, to include trash removal and site clean up, shall be consistent with safety and shall be maintained for the full duration of the project. Contractor is responsible for the clean up of any spillage onto operations surfaces. All taxiway, runway and apron pavement areas shall be kept clean of any construction debris or tracked materials from the construction sites. This clean up shall be immediate and shall require verification of effectiveness by the Engineer. The Contractor shall be required to perform investigative work on site and will be required to contact local utility companies in order to move the project successfully ahead. This coordination is an expectation of this item of work. The Contractor will be required to have personnel attend training in airport safety communication and normal aircraft movements on the airport as presented by CCAA. There will be Contractor employee movement training specific to this airport that will be part of this item of work. METHOD OF MEASUREMENT 100 -4.1 Measurement will be made at the lump sum price bid for this item. BASIS OF PAYMENT 100 -5.1 The lump sum price bid for Mobilization will include the furnishing and maintaining of any plant, services or other facilities noted under "Description" to the extent and at the time the Contractor deems them necessary for his operations, consistent with the requirements of this item and this Contract. The Contractor's Mobilization payment shall be made as follows: Fifty percent (50 %) of the amount bid for these total lump sum items shall be payable to the Contractor whenever the Contractor shall have installed and completed twenty-five percent (25 %) of the work of the contact. 100 -5.2 For the purpose of this item, twenty-five percent (25 %) of the work shall be considered completed when the total of payments earned, as reflected by estimates of work done, not including the amount bid for this item, shall exceed twenty-five percent (25 %) of the total amount of the Contractor's bid, including Bid Alternates, for this contract. 100 -5.3 The remaining fifty percent (50 %) of this item shall be payable to the Contractor distributed in each pay estimate based on percentage of project complete after fifty (50 %) of the monetary value of the work has been completed. For example, ten percent (10 %) of the remaining fifty percent (50 %) of Mobilization, will be paid when sixty percent (60 %) of the project monetary value is complete, etc. 100 -5.4 Payment shall be made under: Item M -100.1 Mobilization —per lump sum. END OF ITEM M -100 M -100 -2 Packet Page -2231- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER. 2011 ITEM L -101 AIRPORT ROTATING BEACONS DESCRIPTION 101 -1.1 This item shall consist of furnishing and installing airport rotating beacons. This work shall include the mounting, leveling, wiring, and painting, servicing, and testing of the beacon and all materials and incidentals necessary to place the beacons in operating condition as a completed unit to the satisfaction of the Engineer. This item shall include a mounting platform if specified in the plans. EQUIPMENT AND MATERIALS 101 -2.1 GENERAL. a. Airport lighting equipment and materials covered by Federal Aviation Administration (FAA) specifications shall be certified and listed under Advisory Circular (AC) 15015345 -53, Airport Lighting Equipment Certification Program. b. All other equipment and materials covered by other referenced specifications shall be subject to acceptance through manufacturer's certification of compliance with the applicable specification when requested by the Engineer. c. Manufacturer's certifications shall not relieve the Contractor of the Contractor's responsibility to provide materials in accordance with these specifications and acceptable to the Engineer. Materials supplied and/or installed that do not materially comply with these specifications shall be removed, when directed by the Engineer and replaced with materials, which do comply with these specifications, at the sole cost of the Contractor. d. All materials and equipment used to construct this item shall be submitted to the Engineer for approval prior to ordering the equipment. Submittals consisting of marked catalog sheets or shop drawings shall be provided. Submittal data shall be presented in a clear, precise and thorough manner. Original catalog sheets are preferred. Photocopies are acceptable provided they are as good a quality as the original. Clearly and boldly mark each copy to identify pertinent products or models applicable to this project. Indicate all optional equipment and delete non - pertinent data. Submittals for components or electrical equipment and systems shall identify the equipment for which they apply on each submittal sheet. Markings shall be boldly and clearly made with arrows or circles (highlighting is not acceptable). Contractor is solely responsible for delays in project accruing directly or indirectly from late submissions or resubmissions of submittals. e. The data submitted shall be sufficient, in the opinion of the Engineer, to determine compliance with the Contract Documents plans and specifications The Engineer reserves the right to reject any and all equipment, materials or procedures, which, in the Engineer's opinion, does not meet the system design and the standards and codes, specified herein. L All equipment and materials furnished and installed under this section shall be guaranteed against defects in materials and workmanship for a period of at least twelve (12) months from final acceptance by the Owner. The defective materials and /or equipment shall be repaired or replaced, at the Owner's discretion, with no additional cost to the Owner. 101 -2.2 BEACON. The beacon shall meet the requirements of AC 150/5345 -12, Specification for Airport and Heliport Beacons for L801A Class lbeacon. 101 -2.3 PANEL BOARDS AND BREAKERS. Panel boards and breakers shall conform to the requirements of Fed. Spec. W -P -115. L -101 -1 Packet Page -2232- 2/14/2012 Item 16.G.2. ROMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER 2011 101 -2.4 WEATHERPROOF CABINETS. The weatherproof cabinets shall conform to National Electrical Manufacturers Association Standards and shall be constructed of steel not less than No. 16 USS gauge. 101 -2.5 WIRE. Wire in conduit rated up to 5,000 volts shall conform to AC 150/5345 -7, Specification for L -824 Underground Electrical Cable for Airport Lighting Circuits for Rubber Insulated Neoprene Covered Wire, or Fed. Spec. J -C -30, Type RHW, for rubber insulated fibrous covered wire. For ratings up to 600 volts, the thermoplastic wire conforming to Fed. Spec. J -C -30, Types TW, THW, and THWN, shall be used. The wires shall be of the type, size, number of conductors, and voltage shown in the plans or in the proposal. 101 -2.6 CONDUIT. Rigid steel conduit and fittings shall conform to the requirements of Underwriters Laboratories Standard 6, 514, and 1242. 101 -2.7 PAINT. a. Priming paint for ungalvanized metal surfaces shall be a high solids alkyd primer conforming to TT- P -664D. b. Priming paint for galvanized metal surfaces shall be zinc dust -zinc oxide primer paint conforming to MIL- DTL- 24441/19B. If necessary, add not more than %2 pint (0.06 liter) of turpentine to each gallon (liter). c. Orange paint for the body and the finish coats on metal and wood surfaces shall consist of a ready -mixed non - fading paint meeting the requirements of Fed. Spec. TT -E -489. The color shall be in accordance with Federal Standard 595, Aviation Gloss Orange Number 12197. d. White paint for body and finish coats on metal and wood surfaces shall be ready -mixed paint conforming to the Master Painter's Institute, Reference #9, Exterior Alkyd, Gloss, VOC Range E2. e. Priming paint for wood surfaces shall be mixed on the job by thinning the above - specified orange or white paint with 1/2 pint (0.06 mm) of raw linseed oil to each gallon (liter). CONSTRUCTION METHODS 101 -3.1. PLACING THE BEACON. The beacon shall be mounted on a beacon tower, platform, or building roof as shown in the plans. 101 -3.2 HOISTING AND MOUNTING. The beacon shall be hoisted to the mounting platform by using suitable slings and hoisting tackle. Before fastening the beacon to the mounting platform, the mounting holes shall be checked for correct spacing. Beacon base or mounting legs shall not be strained or forced out of position to fit incorrect spacing of mounting holes. 101 -3.3 LEVELING. After the beacon has been mounted in place, it shall be accurately leveled following manufacturer's instructions. The leveling shall be checked in the presence of the Engineer and shall be to the Engineer's satisfaction. 101 -3.4 SERVICING. Before placing the beacon in operation, the Contractor shall check the manufacturer's manual for proper servicing requirements. Follow the manufacturer's servicing requirements for each size beacon. 101 -3.5 BEAM ADJUSTMENT. After the beacon has been mounted and leveled, the elevation of the beams shall be adjusted. The final beam adjustments shall be made at night so that results can be readily observed. The beams shall be adjusted to the elevation directed by the Engineer or as shown in the plans, except that, in no case shall the elevation of the beams be less than 2 degrees above the horizontal. 101 -3.6 BEACON MOUNTING PLATFORM. Where the beacon is to be mounted at a location other than the beacon tower and where a special mounting platform is required, the construction of this mounting platform and any necessary lightning protection equipment shall be in accordance with the details shown in the plans. L -101 -2 Packet Page -2233- 2/14/2012 Item 16.G.2. ININ40KALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER, 2011 101 -3.7 WIRING. The Contractor shall furnish all necessary labor and materials and shall make complete above ground electrical connections in accordance with the wiring diagram furnished with the project plans. The electrical installation shall conform to the requirements of the latest edition of National Fire Protection Association, NFPA -70, National Electric Code. Copies of the National Electric Code may be obtained form the National Fire Protection Associations, Inc., One Batterymarch Park, Quincy, Massachusetts 02269. If underground cable for the power feed from the transformer vault to the beacon site and duct for this cable installation is required, the cable, ground rods and duct shall be installed in accordance with and paid for as described in Item L -108, Underground Power Cable for Airports, and Item L -110, Airport Underground Electrical Duct Banks and Conduit. Unless otherwise specified, the Contractor shall connect the tell -tale relay mechanism in the beacon to energize the tower obstruction light circuit when failure of the beacon service (primary) lamp occurs. 101 -3.8 PANEL AND CABINET. Unless otherwise specified, the Contractor shall furnish and install at the top of the beacon tower or mounting platform a circuit - breaker panel consisting of four 15- ampere breakers mounted in a weather -proof cabinet to provide separate protection for the circuits to the beacon lamps, motor, obstruction lights, and other equipment. The cabinet shall be located on the side of the beacon platform, as directed by the Engineer. 101 -3.9 CONDUIT. All exposed wiring shall be run in not less than '/4 inch (19 mm) galvanized rigid steel conduit. No conduit shall be installed on top of a beacon platform floor. All conduits shall be installed to provide for drainage. If mounted on a steel beacon tower, the conduit shall be fastened to the tower members with "wraplock" straps, clamps, or approved fasteners, spaced approximately 5 feet (150 cm) apart. The conduit shall be fastened to wooden structures with galvanized pipe straps and with galvanized wood screws not less than No. 8 or less than 1 -'/4 inches (31 mm) long. There shall be at least two fastenings for each 10 -foot (3 m) length. 101 -3.10 BOOSTER TRANSFORMER If shown in the plans or specified in job specifications, a booster transformer to compensate for voltage drop to the beacon shall be installed in a suitable weatherproof housing under or on the tower platform or at the base of the tower. The installation shall be as indicated in the plans and described in the proposal. If the booster transformer is required for installation remote from the beacon, it shall be installed in accordance with and paid for (as incidental) to the airport rotating beacon item. 101 -3.11 PHOTOELECTRIC CONTROL. If shown in the plans or specified in job specifications, the Contractor shall furnish and install an automatic control switch at the location indicated in the plans. The switch shall be a photoelectric type. It shall be a standard commercially available unit that will energize when the northern sky luminance falls below 60 foot - candles (645.8 lux) but before reaching a level of 35 foot - candles (367.7 lux). The photoelectric switch should de- energize when the northern sky luminance rises to a level of not more than 60 foot - candles (645.9 lux). It shall be installed, connected, and adjusted in accordance with the manufacturer's instructions. 101 -3.12 OBSTRUCTION LIGHTS. Unless otherwise specified, the Contractor shall install on the top of the beacon tower or mounting platform two L -810 obstruction lights on opposite corners. These lights shall be mounted on conduit extensions to a height of not less than 4 inches (100 mm) above the top of the beacon. They shall be connected in series into the tell -tale circuit with the necessary relay and wiring connections. 101 -3.13 PAINTING. If construction of a wooden mounting platform is stipulated in the proposal as part of this item, all wooden parts of the platform shall be given one priming coat of white or aviation - orange paint after fabrication but before erection and one body and one finish coat of aviation - orange paint after erection. Steel mounting platforms shall be given one priming coat of corrosion - inhibiting primer before erection and one body and one finish coat of aviation - orange paint after erection. All equipment installed under this contract and exposed to the weather shall be given one body and one finish coat of aviation -orange or white paint as required. This shall include beacon (except glass surfaces), beacon base, breaker cabinet, all conduit, and transformer cases. It shall not include air terminals or obstruction light globes. L -101 -3 Packet Page -2234- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER 2011_ The paint shall be applied uniformly in the proper consistency by skilled painters. The finished paint shall be free from sags, holidays, and smears. Each coat of paint shall be given ample time to dry and harden before the next coat of paint is applied. A minimum of 3 days shall be allowed for drying on wood surfaces, and a minimum of 4 days shall be allowed for drying on metal surfaces. Painting shall not be done in cold, damp, foggy, dusty, or frosty atmospheres, or when air temperature is below 40° F (4° C), nor started when the weather forecast indicates such conditions for the day. All surfaces shall be cleaned before painting. The surfaces shall be dry and free from scale, grease, rust, dust, and dirt when paint is applied. All knots in wood surfaces shall be covered with shellac immediately before applying the priming coat of paint. Nail holes and permissible imperfections shall be filled with putty. The ready -mixed paint shall be thinned for the priming and body coats in accordance with the manufacturer's recommendations. In the absence of such recommendations, the following shall apply: a. Body coats (for both wood and steel surfaces) - add '/2 pint (0.06 liter) of turpentine to each gallon (liter) of ready -mixed paint for body coats. b. Finish coats (for both wood and steel surfaces) the ready -mixed paint shall be used as it comes from the container for finish coats. 101 -3.14 TESTING. The installation shall be fully tested in operation as a completed unit prior to acceptance. These tests shall include operation of the lamp - changer operation and taking megger and voltage readings. The insulation resistance to ground of the beacon supply circuit shall be not less than 50 megohms. Testing equipment shall be furnished by the Contractor. Tests shall be conducted in the presence of the Engineer and shall be to the Eneineer's satisfaction. METHOD OF MEASUREMENT 101 -4.1 The quantity to be paid for shall be the number of beacons installed as completed units in place, accepted, and ready for operation. BASIS OF PAYMENT 101 -5.1 Payment will be made at the contract unit price for each completed and accepted job. This price shall be full compensation for furnishing all materials and for all preparation, assembly, and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete this item. Payment will be made under: Item L- 101 -5.1 Airport Rotating Beacon, in place —per unit MATERIAL REQUIREMENTS AC 150/5345 -7E Specification for L -824 Underground Cable for Airport Lighting Circuits AC 150/5345 -12F Specification for Airport and Heliport Beacons FED SPEC J -C -30 Cable and Wire, Electrical (Power, Fixed Installation) (cancelled; replaced by A -A -59544 Cable and Wire, Electrical (Power, Fixed Installation)) FED SPEC TT-E -489 Enamel, Alkyd, Gloss, Low VOC Content L -101 -4 Packet Page -2235- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER. 2011 FED SPEC TT- P -664D Primer Coating, Alkyd, Corrosion - Inhibiting, Lead and Chromate Free, VOC- Compliant FED SPEC W -P -115 Panel, Power Distribution FED STD 595 Colors Used in Government Procurement MIL- P- 24441/19B Paint, Epoxy - Polyamide, Zinc Primer, Formula 159, Type III Underwriters Laboratories Standard 6 Rigid Metal Conduit Underwriters Laboratories Standard 514 Fittings for Conduit and Outlet Boxes Underwriters Laboratories Standard 1242 Intermediate Metal Conduit NFPA -70 National Electric Code NFPA -780 Standard for the Installation of Lightning Protection Systems Master Painter's Institute END OF ITEM L -101 L -101 -5 Packet Page -2236- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER, 2011 ITEM L -108 UNDERGROUND POWER CABLE FOR AIRPORTS DESCRIPTION 108 -1.1 This item shall consist of furnishing and installing power cables direct buried and furnishing and /or installing power cables within conduit or duct banks -in accordance with these specifications at the locations shown on —the plans. It includes excavation and backfill of trench for direct -buried cables only. Also included are the installation of counterpoise wires, ground wires, ground rods and connections, cable splicing, cable marking, cable testing, and all incidentals necessary to place the cable in operating condition as a completed unit to the satisfaction of the Engineer. This item shall not include the installation of duct banks or conduit, trenching and backfilling for duct banks or conduit, or furnishing or installation of any cable for FAA facilities. Requirements and payment for trenching and backfilling for the installation of underground conduit and duct banks are covered under Item L -110 "Airport Underground Electrical Duct Banks and Conduits." EQUIPMENT AND MATERIALS 108 -2.1 GENERAL. a. Airport lighting equipment and materials covered by Federal Aviation Administration (FAA) specifications shall be approved under the Airport Lighting Equipment Certification Program described in Advisory Circular (AC) 15015345 -53, current version. b. All other equipment and materials covered by other referenced specifications shall be subject to acceptance through manufacturer's certification of compliance with the applicable specification, when requested by the Engineer. c. Manufacturer's certifications shall not relieve the Contractor of the Contractor's responsibility to provide materials in accordance with these specifications and acceptable to the Engineer. Materials supplied and/or installed that do not materially comply with these specifications shall be removed, when directed by the Engineer and replaced with materials, which do comply with these specifications, at the sole cost of the Contractor. d. All materials and equipment used to construct this item shall be submitted to the Engineer for approval prior to ordering the equipment. Submittals consisting of marked catalog sheets or shop drawings shall be provided. Submittal data shall be presented in a clear, precise and thorough manner. Original catalog sheets are preferred. Photocopies are acceptable provided they are as good a quality as the original. Clearly and boldly mark each copy to identify pertinent products or models applicable to this project. Indicate all optional equipment and delete non - pertinent data. Submittals for components of electrical equipment and systems shall identify the equipment for which they apply on each submittal sheet. Markings shall be boldly and clearly made with arrows or circles (highlighting is not acceptable). Contractor is solely responsible for delays in project accruing directly or indirectly from late submissions or resubmissions of submittals. e. The data submitted shall be sufficient, in the opinion of the Engineer, to determine compliance with the plans and specifications. The Contractor's submittals shall be neatly bound in a properly sized 3 -ring binder, tabbed by specification section. The Engineer reserves the right to reject any and all equipment, materials or procedures, which, in the Engineer's opinion, does not meet the system design and the standards and codes, specified herein. f. All equipment and materials furnished and installed under this section shall be guaranteed against defects in materials and workmanship for a period of at least twelve (12) months from final acceptance by the Owner. The defective materials and/or equipment shall be repaired or replaced, at the Owner's discretion, with no additional cost to the Owner. The Contractor shall be responsible to maintain an insulation resistance of 500 megohms minima, (1000V megger) with isolation transformers connected in new circuits and new segments of existing circuits through the end of the contract warranty period. L -108 -1 Packet Page -2237- 2/14/2012 Item 16.G.2. FvIMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER 2011 108 -2.2 CABLE. Underground cable for airfield lighting facilities (runway and taxiway lights and signs) shall be Type B, No. 8 AWG, copper, 7 strand single conductor cable with 5,000 volt ethylene propylene rubber insulation and shall conform to the requirements of AC 150/5345 -7, Specification for L -824 Underground Electrical Cable for Airport Lighting Circuits. Cable shall have strand screen per NEMA -WC71 Specification. Cable shall have chlorinated polyethylene or chlorosulfonated polyethylene cable jacket or sheath. Conductor sizes noted above shall not apply to leads furnished by manufacturers on airfield lighting transformers and fixtures. Cable for electrical circuits up to 600 volts shall be Type B and comply per the requirement of AC 150/5345 -7, Specification L -824. Cable type, size, number of conductors, strand and service voltage shall be as specified on the plans. 108 -2.3 BARE COPPER WIRE (COUNTERPOISE OR GROUND) AND GROUND RODS. Wire for counterpoise or ground - installations for airfield lighting systems shall be No. 6 AWG solid for counterpoise and or No. 6 AWG stranded for ground wire conforming to ASTM B 3 and ASTM B 8, and shall be bare copper wire conforming to the requirements of ASTM D 33. Ground rods shall be copper or copper -clad steel. The ground rods shall be of the length and diameter specified on the plans, but in no case shall they be less than 8 -feet (240 cm) long nor less than 5/8 inch (15 mm) in diameter. 108 -2.4 CABLE CONNECTIONS. In -line connections of underground primary cables shall be of the type called for on the plans, and shall be one of the types listed below. No separate payment will be made for cable connections. a. Not Used. b. The Field- attached Plug -in Splice. Figure 3 of AC 150/5345 -26, Specification for L -823 Plug and Receptacle, Cable Connectors, employing connector kits, is acceptable —for field attachment to single conductor cable. It shall be the Contractor's responsibility to determine the outside diameter of the cable to be spliced and to furnish appropriately sized connector kits and/or adapters and heat shrink tubing with integral sealant. c. The Factory- Molded Plug -in Splice. Specification for L -823 Connectors, Factory- Molded to Individual Conductors, is acceptable. d. Not Used. e. In all the above cases, connections of cable conductors shall be made using crimp connectors utilizing a crimping tool designed to make a complete crimp before the tool can be removed. All L -823/L -824 splices and terminations shall be made in accordance with the manufacturer's recommendations and listings. f. All connections of counterpoise, grounding conductors and ground rods shall be made by the exothermic process or approved equivalent, except the base can ground clamp connector shall be used for attachment to the base can. All exothermic connections shall be made in accordance with the manufacturer's recommendations and listings. 108 -2.5 SPLICER QUALIFICATIONS. Every airfield lighting cable splicer shall be qualified in making cable splices and terminations on cables rated above 5,000 volts AC. The Contractor shall submit to the Engineer proof of the qualifications of each proposed cable splicer for the cable type and voltage level to be worked on. Cable splicing /terminating personnel shall have a minimum of three (3) years continuous experience in terminating/splicing medium voltage cable. 108 -2.6 CONCRETE. Concrete for cable markers shall conform to FDOT Class 1 — 3,000 psi. 108 -2.7 Not Used. L -108 -2 Packet Page -2238- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER, 2011 108 -2.8 CABLE IDENTIFICATION TAGS. Cable identification tags shall by made from a non - corrosive material with the circuit identification stamped or etched onto the tag. The tags shall be of the type as detailed on the plans. 108 -2.9 TAPE. Electrical tapes shall be Scotch Electrical Tapes — number Scotch 88 (1 -1/2" wide) and Scotch 130C linerless rubber splicing tape (2" wide), as manufactured by the Minnesota Mining and Manufacturing Company, or approved equivalent: 108 -2.10 ELECTRICAL COATING. Scotchkote shall be as manufactured by Minnesota Mining and Manufacturing Company, or approved equivalent. 108 -2.11 EXISTING CIRCUITS. Whenever the scope of work requires, connection to an existing circuit, the circuit's insulation resistance shall be tested, in the presence of the Engineer. The test shall be performed in accordance with this item and prior to any activity affecting the respective circuit. The Contractor shall record the results on forms acceptable to the engineer. When the work affecting the circuit is complete, the circuit's insulation resistance shall be checked again, in the presence of the Engineer. The Contractor shall record the results on forms acceptable to the engineer. The second reading shall be equal to or greater than the first reading or the Contractor shall make the necessary repairs to the circuit to bring the second reading above the first reading. All repair costs including a complete replacement of the L -823 connectors, L -830 transformers and L -824 cable, if necessary, shall be borne by the Contractor. All test results shall be submitted in the Operation and Maintenance (O &M) Manual. CONSTRUCTION METHODS 108 -3.1 GENERAL. The Contractor shall install the specified cable at the approximate locations indicated on the plans. Unless otherwise shown on the plans, all cable required to cross under pavements expected to carry aircraft loads shall be installed in concrete encased duct banks. Wherever possible, cable shall be run without splices, from connection to connection. Cable connections between lights will be permitted only at the light locations for connecting the underground cable to the primary leads of the individual isolation transformers. The Contractor shall be responsible for providing cable in continuous lengths for home runs or other long cable runs without connections, unless otherwise authorized in writing by the Engineer or shown on the plans. In addition to connectors being installed at individual isolation transformers, L -823 cable connectors for maintenance and test points shall be installed at locations shown on the plans. Cable circuit identification markers shall be installed on both sides of the L -823 connectors installed or at least once in each access point where L -823 connectors are not installed. Provide not less than 3 feet of cable slack on each side of all connections, isolation transformers, light units, and at points where cable is connected to field equipment. Where provisions must be made for testing or for future above grade connections, provide enough slack to allow the cable to be extended at least one foot vertically above the top of the access structure. This requirement also applies where primary cable passes through empty base cans, junction and access structures to allow for future connections, or as designated by the Engineer. 108 -3.2 INSTALLATION IN DUCT BANKS OR CONDUITS. This item includes the installation of the cable in duct banks or conduit as described below. The maximum number and voltage ratings of cables installed in each single duct or conduit, and the current- carrying capacity of each cable shall be in accordance with the latest National Electric Code, or the code of the local agency or authority having jurisdiction. The Contractor shall make no connections or splices-of any kind in cables installed in conduits or duct banks. Unless otherwise designated in the plans, where ducts are in tiers, use the lowest ducts to receive the cable first, with spare ducts left in the upper levels. Check duct routes prior to construction to obtain assurance that the shortest routes are selected and interferences are avoided. L -108 -3 Packet Page -2239- 2/14/2012 Item 16.G.2. EVINIOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER 2011 Duct banks or conduits shall be installed as a separate item in accordance with Item L -110, "Airport Underground Electrical Duct Banks and Conduit." The Contractor shall run a mandrel through duct banks or conduit prior to installation of cable to insure that the duct bank or conduit is open, continuous and clear of debris. Mandrel size shall be compatible with conduit size. The Contractor shall swab out all conduits/ducts and clean base can, manhole, etc. interiors IMMEDIATELY prior to pulling cable. Once cleaned and swabbed the base cans and all accessible points of entry to the duct/conduit system shall be kept closed except when installing cables. Cleaning of ducts, base cans, manholes, etc. is incidental to the pay item of the item being cleaned. All raceway systems left open, after initial cleaning, for any reason shall be recleaned at the Contractor's expense. All accessible points shall be kept closed when not installing cable. The Contractor shall verify existing ducts proposed for use in this project as clear and open. The Contractor shall notify the Engineer of any blockage in the existing ducts. The cable shall be installed in a manner to prevent harmful stretching of the conductor, injury to the insulation, or damage to the outer protective covering. The ends of all cables shall be sealed with moisture -seal tape providing moisture -tight mechanical protection with minimum bulk, or alternately, heat shrinkable tubing before pulling into the conduit and it shall be left sealed until connections are made. Where more than one cable is to be installed in a conduit, all cable shall be pulled in the conduit -at the same time. The pulling of a cable through duct banks or conduits may be accomplished by handwinch or power winch with the use of cable grips or pulling eyes. Maximum pulling-tensions shall -be governed by cable manufacturer's recommendations. A non - hardening lubricant recommended for the type of cable being installed shall be used where pulling lubricant is required. The manufacturer's minimum bend radius or the NEC requirements whichever is more restrictive shall apply. Cable installation, handling and storage shall be per manufacturer's recommendations. During cold weather, particular attention shall be paid to the manufacturer's minimum installation temperature. Cable shall not be installed when the temperature is at or below the manufacturer's minimum installation temperature. At the Contractor's option, the Contractor may submit a plan, for review by the Engineer, for heated storage of the cable and maintenance of an acceptable cable temperature during installation when temperatures are below the manufacturer's minimum cable installation temperature. Cable shall not be dragged across base can or manhole edges, pavement or earth. When cable must be coiled, lay cable out on a canvas tarp or utilize other appropriate means to prevent abrasion to the cable jacket. 108 -3.3 INSTALLATION OF DIRECT- BURIED CABLE IN TRENCHES. Unless otherwise specified, the Contractor shall not use a cable plow for installing the cable. Cable(s) shall be unreeled uniformly in place alongside or in the trench and shall be carefully placed along the bottom of the trench. The cable(s) shall not be unreeled and pulled into the trench from one end. Slack cable sufficient to provide strain relief shall be placed in the trench in a series of S curves. Sharp bends or kinks in the cable shall not be permitted. Where cables must cross over each other, a minimum of 3 -inch vertical displacement shall be provided with the topmost cable depth at or below the minimum required depth below finished grade. Primary airfield lighting cables installed shall have cable circuit identification markers attached on both sides of each L -823 connector and on each airport lighting cable entering or leaving cable access points, such as manholes, handholes, pullboxes, junction boxes, etc. Markers shall be of sufficient length for imprinting the cable circuit identification legend on one line, using letters not less than '/. inch in size. The cable circuit identification shall match the circuits noted on the construction plans. a. Trenching. Where turf is well established and the sod can be removed, it shall be carefully stripped and properly stored. Trenches for cables may be excavated manually or with mechanical trenching equipment. Walls of trenches shall be essentially vertical so that a minimum of surface is disturbed. Graders shall not be used to excavate the trench with their blades. The bottom surface of trenches shall be essentially smooth and free from coarse aggregate. Unless otherwise specified, cable trenches shall be excavated to a minimum depth of 18 inches below finished grade, except as follows: (1) When off the airport or crossing under a roadway or driveway, the minimum depth shall be 36 inches unless otherwise specified. L -108 -4 Packet Page -2240- 2/14/2012 Item 16.G.2. HvfMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER 2011 (2) Minimum cable depth when crossing under a railroad track, shall be 42 inches unless otherwise specified. Dewatering necessary for cable installation, erosion and turbidity control, in accordance with Federal, State, and Local requirements is incidental to its respective pay items as part of Item L -108. The cost of all excavation regardless of type of material encountered, shall be included in the unit price bid for the L -108 Item. The Contractor shall excavate all cable trenches to a width not less than 6 inches. Unless otherwise specified on the plans, all cables in the same location and running in the same general direction shall be installed in the same trench. When rock is encountered, the rock shall be removed to a depth of at least 3 inches below the required cable depth and it shall be replaced with bedding material of earth or sand containing no mineral aggregate particles that would be retained on a 1/4 -inch sieve. Flowable backfill material may alternatively be used. The Contractor shall ascertain the type of soil or rock to be excavated before bidding. All such rock removal shall be incidental to Pay Items as part of Item L -108. Duct bank or conduit markers temporarily removed for trench excavations shall be replaced as required. It is the Contractor's responsibility to locate existing utilities within the work area prior to excavation. Where existing active cable(s) cross proposed installations, the Contractor shall insure that these cable(s) are adequately protected. Where crossings are unavoidable, no splices will be allowed in the existing cables, except as specified on the plans. Installation of new cable where such crossings must occur shall proceed as follows: (1) Existing cables shall be located manually. Unearthed cables shall be inspected to assure absolutely no damage has occurred. (2) Trenching, etc., in cable areas shall then proceed, with approval of the Engineer, with care taken to minimize possible damage or disruption of existing cable, including careful backfilling in area of cable. In the event that any previously identified cable is damaged during the course of construction, the Contractor shall be responsible for the complete repair or replacement. b. Backfilling. After the cable has been installed, the trench shall be backfilled. The first layer of backfill in the trench shall be 3 inches deep, loose measurement, and shall be either earth or sand containing no mineral aggregate particles that would be retained on a 1/4 -inch sieve. This layer shall not be compacted. The second layer shall be 5 inches deep, loose measurement, and shall contain no particles that would be retained on a 1 -inch sieve. The remaining 3`d and subsequent layers of backfill shall not exceed 8 inches of loose measurement and be excavated or imported material and shall not contain stone or aggregate larger than 4 inches maximum diameter. The second and subsequent layers shall be thoroughly tamped and compacted to at least the density of the adjacent undisturbed soil, and to the satisfaction of the Engineer. If necessary to obtain the desired compaction, the backfill material shall be moistened or aerated as required. Trenches shall not contain pools of water during backfilling operations. The trench shall be completely backfilled and tamped level with the adjacent surface, except that when turf is to be established over the trench, the backfilling shall be stopped at an appropriate depth consistent with the type of turfing operation to be accommodated. A proper allowance for settlement shall also be provided. Any excess excavated material shall be removed and disposed of in accordance with the plans and specifications. Underground electrical warning (caution) tape shall be installed in the trench above all direct -buried cable. Contractor shall submit a sample of the proposed warning tape for acceptance by the Engineer. If not shown on the plans, the warning tape shall be located six inches above the direct- buried cable or the counterpoise wire if present. A 4 -6 inch wide polyethylene. film detectable tape, with a metalized foil core, shall be installed above all direct buried cable or counterpoise. The tape shall be of the color and have a continuous legend as indicated on the plans. The tape shall be installed 8 inches minimum below finished grade. L -108 -5 Packet Page -2241- 2/14/2012 Item 16.G.2. RVfMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER, 2011 c. Restoration. Where soil and sod has been removed, it shall be replaced as soon as possible after the backfilling is completed. All areas disturbed by work shall be restored to its original condition. The restoration shall include the seeding and mulching as shown on the plans. The Contractor shall be held responsible for maintaining all disturbed surfaces and replacements until final acceptance. When trenching is through paved areas, restoration shall be equal to existing conditions and compaction. Restoration shall be considered incidental to the pay item of which it is a component part. 108 -3.4 CABLE MARKERS FOR DIRECT - BURIED CABLE. The location of direct buried circuits shall be marked by a concrete slab marker, 2 feet (60 cm) square and 4 -6 inches (100 -150 mm) thick, extending approximately 1 inch (25 mm) above the surface. Each cable run from a -line of lights and signs to the equipment vault shall be marked at approximately every 200 feet (60 m) along the cable run, with an additional marker at each change of direction of cable run. All other direct -buried cable shall be marked in the same manner. Cable markers shall be installed directly -above the cable. The Contractor shall impress the word "CABLE" and directional arrows on each cable marking slab. The letters shall be approximately 4 inches (100 mm) high and 3 inches (75 mm) wide, with width of stroke 1/2 inch (12 mm) and 1/4 inch (6 mm) deep. The location of each underground cable connection, except at lighting units, or isolation - transformers, or power adapters shall be marked by a concrete marker slab placed above the connection. The Contractor shall impress the word "SPLICE" on each slab. The Contractor -also shall impress additional circuit identification symbols on each slab as directed -by the Engineer. All cable markers and splice markers shall be painted international orange. Paint shall be specifically manufactured for uncured exterior concrete. Furnishing and installation of cable markers is incidental to the respective cable pay item. 108 -3.5 SPLICING. Connections of the type shown on -the plans shall be made by experienced personnel regularly engaged in this type of work and shall be made as follows: a. Field- attached Plug -in Splices. These shall be assembled in accordance with manufacturer's instructions. All crimping shall be done with an approved tool that shall not release until proper pressure is applied. These splices shall be made by plugging directly into mating connectors. In all cases the joint where the connectors come together shall be wrapped with at least one layer of rubber or synthetic rubber tape and one layer of plastic tape, on- half lapped, extending at least 1 -1/2 inches (37 mm) on each side of the joint. After taping, the entire assembly, cable end to cable end, shall be covered with shrinkable tubing of the required rating. When preparing conductor ends, remove insulation and jacket allowing for bare conductor of proper length to fit compression sleeve connector with %4 inch (6 mm) of bare conductor on each side of the connector. Approved airfield cable strippers and pencillers shall be used for preparing cable ends. Razor or pocket knives shall not be used. Care must be taken to avoid nicking or injuring the conductor during removal of insulation or penciling. Do not use emery paper on splicing operation since it contains metallic particles. The copper conductors shall be thoroughly cleaned. Join the conductors by inserting them equidistant into the compression connection sleeve. Crimp conductors firmly in place with crimping tool that requires a complete crimp before tool can be removed.; Test the crimped connection by pulling on the cable. Make two crimps each opposite side of the connecting barrel. Scrape the insulation to assure that the entire surface over which the tape will be applied (plus 3 inches (75 mm) on each end) is clean. After scraping wipe the entire area with a clean lint -free cloth. Do not use solvents. c. Factory- Molded Plug -in Splices to Individual 5 KV Series Conductors. These shall be made by plugging directly into mating connectors. In all cases, the joint where the connectors come together shall be wrapped with at least one layer of rubber or synthetic rubber tape and one layer of plastic tape, one -half lapped, extending at least 1 -1/2 inches (37 mm) on each side of the joint. After taping, the entire assembly, cable end to cable end, shall be covered with shrinkable tubing of the required rating. When preparing field attached conductor end, remove insulation and jacket allowing for bare conductor of proper length to fit compression sleeve connector with 1/4 inch (6 mm) of bare conductor showing. Approved airfield cable strippers and pencillers shall be used for preparing cable ends. Razor or pocket knives shall not be used. Care must be taken to avoid nicking or injuring the conductor during removal of insulation or penciling. Do not use emery paper on splicing operation since it contains metallic particles. The copper conductors shall be thoroughly cleaned. Crimp conductors firmly in place with crimping tool that requires a complete crimp before tool can be removed. L -108 -6 Packet Page -2242- 2/14/2012 Item 16.G.2. IIvfMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER, 2011 Test the crimped connection by pulling on the cable. Make two crimps each opposite side of the connecting barrel. Scrape the insulation to assure that the entire surface over which the tape will be applied (plus 3 inches (75 mm) on each end) is clean. After scraping wipe the entire area with a clean lint -free cloth. Do not sue solvents. 108 -3.6 BARE COUNTERPOISE WIRE INSTALLATION FOR LIGHTNING PROTECTION AND GROUNDING. If shown on -the plans or included -in the job specifications, bare counterpoise copper wire shall be installed for lightning protection of the underground cables. Counterpoise wire shall be installed in the same trench for the entire length of buried cable, conduits and duct banks that are installed to contain airfield cables. Where the cable or duct/conduit trench runs parallel to the edge of pavement, the counterpoise shall be installed in a separate trench located half the distance between the pavement edge and the cable or duct/conduit trench. In trenches not parallel to pavement edges, counterpoise wire shall be installed continuously a minimum of 4 inches above the cable, conduit or duct bank, or as shown on the plans if greater. Additionally, counterpoise wire shall be installed at least 8 inches below the top of subgrade in paved areas or 10 inches below finished grade in un -paved areas. This dimension may be less than 4 inches where conduit is to be embedded in existing pavement. Counterpoise wire shall not be installed in conduit. The counterpoise wire shall be routed around to each light fixture base, mounting stake, or junction/access structures. The counterpoise wire shall also be exothermically welded to-ground rods installed as shown on the plans but not more than 200 feet (60 m) apart around the entire circuit. The counterpoise system shall be continuous and terminate at the transformer vault or at the power source. It shall be securely attached to the vault or equipment external ground ring or other made electrode grounding system. The connections shall be made as shown on -the plans and in the specifications. If shown on the plans or in the specifications, a separate equipment (safety) ground system shall be provided in addition to the counterpoise wire using one of the following methods: (1) A ground rod installed at and securely attached to each light fixture base, mounting stake if painted, and to all metal surfaces at junction/access structures. (2) Install an insulated equipment ground conductor internal to the conduit system and securely attached it to each light fixture base and to all metal surfaces at junction/access structures. This equipment ground conductor shall also be exothermically welded to ground rods installed not more than 500 feet (150 m) apart around the circuit. a. Counterpoise Installation Above Multiple Conduits and Duct Banks. Counterpoise wires shall be installed above multiple conduits /duct banks for airfield lighting cables, with the intent being to provide a complete cone of protection over the airfield lighting cables. When multiple conduits and/or duct banks for airfield cable are installed in the same trench, the number and location of counterpoise wires above the conduits shall be adequate to provide a complete cone of protection measured 22 '/ degrees each side of vertical. Where duct banks pass under pavement to be constructed in the project, the counterpoise shall be placed above the duct bank. Reference details on the construction plans. b. Counterpoise Installation at Existing Duct Banks. When airfield lighting cables are indicated on the plans to be routed through existing duct banks, the new counterpoise wiring shall be terminated at ground rods at each end of the existing duct bank where the cables being protected enter and exit the duct bank. The new counterpoise conductor shall be bonded to the existing counterpoise system. 108 -3.7 EXOTHERMIC BONDING. Bonding of counterpoise wire shall be by the exothermic welding process. Only personnel experienced in and regularly engaged in this type of work shall make these connections. Contractor shall demonstrate to the satisfaction of the Engineer, the welding kits, materials and procedures to be used for welded connections prior to any installations in the field. The installations shall comply with the manufacturer's recommendations and the following: L -108 -7 Packet Page - 2243 - i 2/14/2012 Item 16.G.2. IIv1MOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER. 2011 All slag shall be removed from welds. For welds at light fixture base cans, all galvanized coated surface areas and "melt" areas, both inside and outside of base cans, damaged by exothermic bond process shall be restored by coating with a liquid cold - galvanizing compound conforming to U.S. Navy galvanized repair coating meeting Mil. Spec. MIL - P- 21035. Surfaces to be coated shall be prepared and compound applied in accordance with manufacturer's recommendations. All buried copper and weld material at weld connections shall be thoroughly coated 6 mil of 3M "Scotchkote," or approved equivalent, or coated with coal tar bitumastic material to prevent surface exposure to corrosive soil or moisture." 108 -3.8 TESTING. The Contractor shall furnish all necessary equipment and appliances for testing the airport electrical systems and underground cable circuits before and after installation. The Contractor shall perform all tests in the presence of the Engineer. The Contractor shall demonstrate the electrical characteristics to the satisfaction of the Engineer. All costs for testing are incidental to the respective item being tested. For phased projects, the tests must be completed by phase and results meeting the specifications below must be maintained by the Contractor throughout the entire project as well as during the ensuing warranty period. Earth resistance testing methods shall be submitted to the Engineer for approval. Earth resistance testing results shall be recorded on an approved form and testing shall be performed in the presence of the Engineer. All such testing shall be at the sole expense of the Contractor. Should the counterpoise or ground grid conductors be damaged or suspected of being damaged by construction activities the Contractor shall test the conductors for continuity with a low resistance ohmmeter. The conductors shall be isolated such that no parallel path exists and tested for continuity. The Engineer shall approve of the test method selected. All such testing shall be at the sole expense of the Contractor. After installation, the - Contractor shall test and demonstrate to the satisfaction of the Engineer the following: a. That all affected lighting power and control circuits (existing and new) are continuous and free from short circuits. b. That all affected circuits (existing and new) are free from unspecified grounds. c. That the insulation resistance to ground of all new non - grounded series circuits or cable segments is not less than 5,000 megohms. d. That the insulation resistance to ground of all non - grounded conductors of new multiple circuits or circuit segments is not less than 5,000 megohms. e. That all affected circuits (existing and new) are properly connected in accordance with applicable wiring diagrams. f. That all affected circuits (existing and new) are operable. Tests shall be conducted that include operating each control not less than 10 times and the continuous operation of each lighting and power circuit for not less than 1/2 hour. g. That the impedance to ground of each ground rod does not exceed 25 ohms prior to establishing connections to other ground electrodes. The fall -of- potential ground impedance test shall be utilized, as described by ANSI/IEEE Standard 81, to verify this requirement. Two copies of tabulated results of all cable tests performed shall be supplied by the Contractor to the Engineer. Where connecting new cable to existing cable, ground resistance tests shall be performed on the new cable prior to connection to the existing circuit. L -108 -8 Packet Page -2244- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER, 2011 There are no approved "repair" procedures for items that have failed testing other than complete replacement. METHOD OF MEASUREMENT 108 -4.1 Trenching shall be measured by the linear feet (meters) of trench, including the excavation, backfill, and restoration, completed, measured as excavated, and accepted as satisfactory. When specified, separate measurement shall be made for trenches of various specified widths. The cost of all excavation, backfill, dewatering and restoration regardless of the type of material encountered shall be included in the unit price bid for the work. 108 -4.2 Cable or counterpoise wire installed in trench, duct bank or conduit shall be measured by the number of linear feet (meters) of cable or counterpoise wire installed in trenches, duct bank or conduit, including ground rods and grounding connectors, and trench marking tape ready for operation, and accepted as satisfactory. Separate measurement shall be made for each cable or counterpoise wire installed in trench, duct bank or conduit. The measurement for this item shall not include additional quantities required for slack. "Cable and counterpoise slack is considered incidental to this item and is included in the contractor's unit price. No separate measurement or payment will be made for cable or counterpoise slack." BASIS OF PAYMENT 108 -5.1 Payment will be made at the contract unit price for trenching, cable and bare counterpoise wire installed in trench (direct- buried), or cable and equipment ground installed in duct bank or conduit, in place by the Contractor and accepted by the Engineer. This price shall be full compensation for furnishing all materials and for all preparation and installation of these materials, and for all labor, equipment, tools, and incidentals, including ground rods and ground connectors and trench marking tape, necessary to complete this item. Payment will be made under: Item L- 108 -5.1 Trenching for direct - buried cable —per linear foot (meter) Item L- 108 -5.2 L -824B 5KV Cable, installed in trench, duct bank or conduit —per liner foot (meter) Item L- 108 -5.3 L -824B 600V Cable, installed in trench, duct bank or conduit – per linear foot (meter) Item L- 108 -5.4 Bare Counterpoise Wire, installed in trench, duct bank or conduit, including ground rods and ground connectors —per linear foot (meter) MATERIAL REQUIREMENTS AC 150/5345 -7E Specification for L -824 Underground Electrical Cable for Airport Lighting Circuits AC 150/5345 -26D Specification for L -823 Plug and Receptacle Cable Connectors FED SPEC J -C -30 Cable and Wire, Electrical Power, Fixed Installation (cancelled; replaced by A -A -59544 Cable and Wire, Electrical (Power, Fixed Installation)) FED SPEC A -A -55809 Insulation Tape, Electrical, Pressure- Sensitive Adhesive, Plastic L -108 -9 Packet Page -2245- 2/14/2012 Item 16.G.2. IIVIMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER. 2011 ASTM B 3 Soft or Annealed Copper Wire ASTM D 4388 Rubber tapes, Nonmetallic Semiconducting and Electrically Insulating REFERENCE DOCUMENTS NFPA No. 70 National Electrical Code (NEC) MIL- S- 23586C Sealing Compound, Electrical, Silicone Rubber Building Industry Consulting Service International (BICSI) ANSI/IEEE Std 81 IEEE Guide for Measuring Earth Resistivity, Ground Impedance, and Earth Surface Potentials of a Ground System END OF ITEM L -108 L- 108 -10 Packet Page -2246- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER 2011 ITEM L -109 AIRPORT TRANSFORMER VAULT AND VAULT EQUIPMENT DESCRIPTION 109 -1.1 This item shall consist of modifying an airport transformer vault in an existing building, per these specifications in accordance with the design and dimensions. shown in the plans and, the furnishing of all incidentals necessary to produce a completed unit. Included under this item, where an existing vault is to be utilized, shall be the furnishing vault equipment, wiring, electrical buses, cable, conduit, potheads, and grounding systems. This work shall also include the painting of equipment and conduit; the marking and labeling of equipment and the labeling or tagging of wires; the testing of the installation; and the furnishing of all incidentals necessary to place it in operating condition as a completed unit to the satisfaction of the Engineer. EQUIPMENT AND MATERIALS 109 -2.1 GENERAL. a. Airport lighting equipment and materials covered by Federal Aviation Administration (FAA) specifications shall be certified and listed under Advisory Circular (AC) 150/5345 -53, Airport Lighting Equipment Certification Program. b. All other equipment and materials covered by other referenced specifications shall be subject to acceptance through manufacturer's certification of compliance with the applicable specification when requested by the Engineer. c. Manufacturer's certifications shall not relieve the Contractor of the Contractor's responsibility to provide materials in accordance with these specifications and acceptable to the Engineer. Materials supplied and/or installed that do not materially comply with these specifications shall be removed, when directed by the Engineer and replaced with materials, which do comply with these specifications, at the sole cost of the Contractor. d. All materials and equipment used to construct this item shall be submitted to the Engineer for approval prior to ordering the equipment. Submittals consisting of marked catalog sheets or shop drawings shall be provided. Submittal data shall be presented in a clear, precise and thorough manner. Original catalog sheets are preferred. Photocopies are acceptable provided they are as good a quality as the original. Clearly and boldly mark each copy to identify pertinent products or models applicable to this project. Indicate all optional equipment and delete non - pertinent data. Submittals for components of electrical equipment and systems shall identify the equipment for which they apply on each submittal sheet. Markings shall be boldly and clearly made with arrows or circles (highlighting is not acceptable). Contractor is solely responsible for delays in project accruing directly or indirectly from late submissions or resubmissions of submittals. e. The data submitted shall be sufficient, in the opinion of the Engineer, to determine compliance with the plans and specifications. The Engineer reserves the right to reject any and all equipment, materials or procedures, which, in the Engineer's opinion, does not meet the system design and the standards and codes, specified herein. L All equipment and materials furnished and installed under this section shall be guaranteed against defects in materials and workmanship for a period of at least twelve (12) months from final acceptance by the Owner. The defective materials and/or equipment shall be repaired or replaced, at the Owner's discretion, with no additional cost to the Owner. L -109 -1 Packet Page -2247- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER, 2011 109 -2.2 Not Used. 109 -2.3 Not Used. 109 -2.4 Not Used. 109 -2.5 RIGID STEEL CONDUIT. Rigid steel conduit and fittings shall be in accordance with Underwriters Laboratories Standard 6 and 514. 109 -2.6 Not Used. 109 -2.7 Not Used. 109 -2.8 Not Used. 109 -2.9 Not Used. 109 -2.10 Not Used. 109 -2.11 Not Used. 109 -2.12 Not Used. 109 -2.13 GROUND BUS. Ground bus shall be 1/8 - x' /< -inch (3 x 18 mm) minimum copper bus bar. 109 -2.14 SQUARE DUCT. Duct shall be square similar to that manufactured by the Square D Company (or equivalent), or the Trumbull Electric Manufacturing Company (or equivalent). The entire front of the duct on each section shall consist of hinged or removable cover for ready access to the interior. The cross section of the duct shall be not less than 4 x 4 inches (100 x 100 mm) except where otherwise shown in the plans. 109 -2.15 GROUND RODS. Ground rods shall be copper or copper -clad of the length and diameter specified in the plans. 109 -2.16 Not Used. 109 -2.17 Not Used. 109 -2.18 FAA- APPROVED EQUIPMENT. Certain items of airport lighting equipment installed in vaults are covered by individual FAA equipment specifications. The specifications are listed below: AC 15015345 -3 Specification for L -821 Panels for Remote Control of Airport Lighting AC 15015345 -5 Circuit Selector Switch AC 150/5345 -7 Specification for L -824 Underground Electrical Cable for Airport Lighting Circuits AC 150/5345 -13 Specification for L -841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits. 109 -2.19 OTHER ELECTRICAL EQUIPMENT. Constant - current regulators, distribution transformers, oil switches, cutouts, relays, terminal blocks, transfer relays, circuit breakers, and all other regularly used commercial items of electrical equipment not covered by FAA equipment specifications shall conform to the applicable rulings and standards of the Institute of Electrical and Electronic Engineers or the National Electrical Manufacturers Association. When specified, test reports from a testing laboratory indicating that the equipment meets the specifications shall be supplied. In all cases, equipment shall be new and a first -grade product. This equipment shall be supplied in the quantities required for the specific project and shall incorporate the electrical and mechanical characteristics specified in the proposal and plans. 109 -2.20 WIRE. Wire in conduit rated up to 5,000 volts shall conform to AC 150/5345 -7, Specification for L -824 Underground Electrical Cables for Airport Lighting Circuits, for rubber insulated neoprene- covered wire, or Fed. Spec. J -C -30, Type RHW, for rubber insulated fibrous- covered wire. For ratings up to 600 volts, thermoplastic wire conforming to Fed. Spec_ J -C -30, Types TW, THW, and THWN, shall be used. The wires shall be of the type, size, number of conductors, and voltage shown in the plans or in the proposal. L -109 -2 Packet Page -2248- 2/14/2012 Item 16.G.2. UvM40KALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER 2011 a. Control Circuits. Unless otherwise indicated on the plans, wire shall be not less than No. 12 AWG and shall be insulated for 600 volts. If telephone control cable is specified, No. 19 AWG telephone cable conforming to ICEA S -85- 625 -1996 specifications shall be used. b. Power Circuits. (1) 600 volts maximum -Wire shall be No. 6 AWG or larger and insulated for at least 600 volts. (2) 3,000 volts maximum -Wire shall be No. 6 AWG or larger and insulated for at least 3,000 volts. (3) Over 3,000 volts -Wire shall be No. 6 AWG or larger and insulated for at least the circuit voltage. CONSTRUCTION METHODS INSTALLATION OF EQUIPMENT IN VAULT OR PREFABRICATED METAL HOUSING 109 -3.10 GENERAL. The Contractor shall furnish, install, and connect all equipment, equipment accessories, conduit, cables, wires, buses, grounds, and support necessary to insure a complete and operable electrical distribution center for the airport lighting system as specified herein and shown in the plans. When specified, an emergency power supply and transfer switch shall be provided and installed. The equipment installation and mounting shall comply with the requirements of the National Electrical Code and local code agency having jurisdiction. 109 -3.11 POWER SUPPLY EQUIPMENT. Transformers, regulators, booster transformers, and other power supply equipment items shall be furnished and installed at the location shown in the plans or as directed by the Engineer. The power supply equipment shall be set on steel "H" sections, "I" beams, channels, or concrete blocks to provide a minimum space of 1 -' /z inches (37 mm) between the equipment and the floor. The equipment shall be placed so as not to obstruct the oil- sampling plugs of the oil - filled units; and name- plates shall, so far as possible, not be obscured. 109 -3.12 Not Used. 109 -3.13 DUCT AND CONDUIT. The Contractor shall furnish and install square -type exposed metallic ducts with hinged covers for the control circuits in the vault. These shall be mounted along the walls behind all floor - mounted equipment and immediately below all wall- mounted equipment. The hinged covers shall be placed to open from the front side with the hinges at the front bottom. Wall brackets for square ducts shall be installed at all joints 2 feet (60 cm) or more apart with intermediate brackets as specified. Conduit shall be used between square ducts and equipment or between different items of equipment when the equipment is designed for conduit connection. When the equipment is not designed for conduit connection, conductors shall enter the square -type control duct through insulating bushings in the duct or on the conduit risers. 109 -3.14 Not Used. 109 -3.15 WIRING AND CONNECTIONS. The Contractor shall make all necessary electrical connections in the vault in accordance with the wiring diagrams furnished and as directed by the Engineer. In wiring to the terminal blocks, the Contractor shall leave sufficient extra length on each control lead to make future changes in connections at the terminal block. This shall be accomplished by running each control lead the longest way around the box to the proper terminal. Leads shall be neatly laced in place. 109 -3.16 MARKING AND LABELING. All equipment, control wires, terminal blocks, etc., shall be tagged, marked, or labeled as specified below: L -109 -3 Packet Page -2249- 2/14/2012 Item 16.G.2. UvIMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER, 2011 a. Wire Identification. The Contractor shall furnish and install self - sticking wire labels or identifying tags on all control wires at the point where they connect to the control equipment or to the terminal blocks. Wire labels, if used, shall be of the self - sticking preprinted type and of the manufacturer's recommended size for the wire involved. Identification - markings designated in the plans shall be followed. Tags, if used, shall be of fiber not less than '/4-inch (13 mm) in diameter and not less than 1/32 -inch (1 mm) thick. Identification markings designated in the plans shall be stamped on tags by means of small tool dies. Each tag shall be securely tied to the proper wire by a nonmetallic cord. b. Labels. The Contractor shall stencil identifying labels on the cases of regulators, breakers, and distribution and control relay cases with white oil paint as designated by the Engineer. The letters and numerals shall be not less than 1 inch (25 mm) in height and shall be of proportionate width. The Contractor shall also mark the correct circuit designations in accordance with the wiring diagram on the terminal marking strips, which are a part of each terminal block. METHOD OF MEASUREMENT 109 -4.1 Not Used. 109 -4.2 Not Used. 109 -4.3 The quantity of vault modification to be paid for under this item shall consist of all equipment installed, connected, and accepted as a complete unit ready for operation. BASIS OF PAYMENT 109 -5.1 Payment will be made at the contract lump sum price for the completed and accepted vault equipment installation. This price shall be full compensation for furnishing all materials and for all preparation, assembly, and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete the item. Payment will be made under: Item L- 109 -5.2 Airport Transformer Vault Modification in Place -Lump Sum MATERIAL REQUIREMENTS AC 150/5345 -3 Specification for L -821 Panels for Remote Control of Airport Lighting AC 15015345 -5 Circuit Selector Switch AC 150/5345 -7 Specification for L -824 Underground Electrical Cable for Airport Lighting Circuits AC 150/5345 -13A Specification for L -841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits FED SPEC J -C -30 Cable and Wire, Electrical (Power, Fixed Installation) (cancelled; replaced by AA -59544 Cable and Wire, Electrical (Power, Fixed Installation)) END OF ITEM L -109 L -109 -4 Packet Page -2250- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER 2011 ITEM L -110 AIRPORT UNDERGROUND ELECTRICAL DUCT BANKS AND CONDUITS DESCRIPTION 110 -1.1 This item shall consist of underground electrical conduits and duct banks (single or multiple conduits encased in concrete) installed in accordance with this specification at the locations and in accordance with the dimensions, designs, and details shown on the plans. This item shall include furnishing and installing of all underground electrical duct banks and individual and multiple underground conduits. It shall also include all turfing trenching, backfilling, removal, and restoration of any paved or turfed areas; concrete encasement, mandreling, pulling lines, duct markers, plugging of conduits, and the testing of the installation as a completed system ready for installation of cables in accordance with the plans and specifications. This item shall also include furnishing and installing conduits and all incidentals for providing positive drainage of the system. Verification of existing ducts is incidental to the pay items provided in this specification. EQUIPMENT AND MATERIALS 110 -2.1 GENERAL. a. All equipment and materials covered by referenced specifications shall be subject to acceptance through manufacturer's certification of compliance with the applicable specification when so requested by the Engineer. b. Manufacturer's certifications shall not relieve the Contractor of the Contractor's responsibility to provide materials in accordance with these specifications and acceptable to the Engineer. Materials supplied and/or installed that do not materially comply with these specifications shall be removed, when directed by the Engineer and replaced with materials, which do comply with these specifications, at the sole cost of the Contractor. c. All materials and equipment used to construct this item shall be submitted to the Engineer for approval prior to ordering the equipment. Submittals consisting of marked catalog sheets or shop drawings shall be provided. Submittal data shall be presented in a clear, precise and thorough manner. Original catalog sheets are preferred. Photocopies are acceptable provided they are as good a quality as the original. Clearly and boldly mark each copy to identify pertinent products or models applicable to this project. Indicate all optional equipment and delete non - pertinent data. Submittals for components of electrical equipment and systems shall identify the equipment for which they apply on each submittal sheet. Markings shall be boldly and clearly made with arrows or circles (highlighting is not acceptable). Contractor is solely responsible for delays in project accruing directly or indirectly from late submissions or resubmissions of submittals. d. The data submitted shall be sufficient, in the opinion of the Engineer, to determine compliance with the plans and specifications. The Engineer reserves the right to reject any and all equipment, materials or procedures, which, in the Engineer's opinion, does not meet the system design and the standards and codes, specified herein. e. All equipment and materials furnished and installed under this section shall be guaranteed against defects in materials and workmanship for a period of at least twelve (12) months from final acceptance by the Owner. The defective materials and/or equipment shall be repaired or replaced, at the Owner's discretion, with no additional cost to the Owner. 110 -2.2 STEEL CONDUIT. Rigid galvanized steel conduit and fittings shall be hot dipped galvanized inside and out and conform to the requirements of Underwriters Laboratories Standard 6, 514B, and 1242. 110 -2.3 PLASTIC CONDUIT. Plastic conduit and fittings -shall conform to the requirements of Fed. Spec. W - -C- 1094, Underwriters Laboratories Standards UL -651 and Article 347 of the current National Electrical Code shall be one of the following, as shown on the plans: a. Type I— Schedule 40 PVC suitable for underground use either direct -buried or encased in concrete. L -110 -1 Packet Page -2251- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER. 2011 b. Type II— Schedule 40 PVC suitable for either above ground or underground use. The type of adhesive shall be as recommended by the conduit/fitting manufacturer. 110 -2.4 SPLIT CONDUIT. Split conduit shall be pre - manufactured for the intended purpose and shall be made of steel or plastic. 110 -2.5 CONDUIT SPACERS. Conduit spacers shall be prefabricated interlocking units manufactured for the intended purpose. They shall be of double wall construction made of high grade, high density polyethylene complete with interlocking cap and base pads, They shall be designed to accept No. 4 reinforcing bars installed vertically. 110 -2.6 CONCRETE. Concrete shall conform to FDOT Class 1 Non - Structural, using 1 inch maximum size coarse aggregate with a minimum 28 day compressive strength of 3,000 psi. Where reinforced duct banks are specified, reinforcing steel shall conform to ASTM A 615 Grade 60. Concrete and reinforcing steel are incidental to the respective pay item of which they are a component part. 110 -2.7 FLOWABLE BACKFILL. Flowable material used to back fill conduit and duct bank trenches shall conform to the requirements of Item P -153 "Controlled Low Strength Material ". 110 -2.8 DETECTABLE WARNING TAPE Plastic, detectable, color as noted magnetic tape shall be polyethylene film with a metalized foil core and shall be 4 -6 inches (75 -150 MM) wide. Detectable tape is incidental to the respective bid item. 110 -2.8 DIRECTIONAL BORE. Materials for directional bore shall conform to FDOT Standard Specifications for Road and Bridge Construction (2010) Section 555 -2. CONSTRUCTION METHODS 110 -3.1 GENERAL. The Contractor shall install underground duct banks and conduits at the approximate locations indicated on the plans. The Engineer shall indicate specific locations as the work progresses, if required to differ from the plans. Duct banks and conduits shall be of the size, material, and type indicated on the plans or specifications. Where no size is indicated on the plans or in the specifications, conduits shall be not less than 2 inches (50 mm) inside diameter or comply with the National Electrical Code based on cable to be installed, whichever is larger. All duct bank and conduit lines shall be laid so as to grade toward access points and duct or conduit ends for drainage. Unless shown otherwise on the plans, grades shall be at least 3 inches (75 mm) per 100 feet (30 m). On runs where it is not practicable to maintain the grade all one way, the duct bank and conduit lines shall be graded from the center in both directions toward access points or conduit ends, with a drain into the storm drainage system. Pockets or traps where moisture may accumulate shall be avoided. No duct bank or underground conduit shall be less than 18 inches below finished grade. Where under pavement, the top of the duct bank shall not be less than 18 inches below the subgrade. The Contractor shall mandrel each individual conduit whether the conduit is direct- buried or part of a duct bank. An iron -shod mandrel, not more than 1/4 -inch (6 mm) smaller than the bore of the conduit shall be pulled or pushed through each conduit. The mandrel shall have a leather or rubber gasket slightly larger than the conduit hole. The Contractor shall swab out all conduits /ducts and clean base can, manhole, pull boxes, etc. interiors IMMEDIATELY prior to pulling cable. Once cleaned and swabbed the base cans, manhole, pull boxes, etc. and all accessible points of entry to the duct/conduit system shall be kept closed except when installing cables. Cleaning of ducts, base cans, manholes, etc. is incidental to the pay item of the item being cleaned. All raceway systems left open, after initial cleaning, for any reason shall be recleaned at the Contractor's expense. All accessible points shall be kept closed when not installing cable. The Contractor shall verify existing ducts proposed for use in this project as clear and open. The Contractor shall notify the Engineer of any blockage in the existing ducts. L- 110 -2 Packet Page -2252- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER. 2011 For pulling the permanent wiring, each individual conduit, whether the conduit is direct -buried or part of a duct bank, shall be provided with a 200 pound test polypropylene pull rope. The ends shall be secured and sufficient length shall be left in access points to prevent it from slipping back into the conduit. Where spare conduits are installed, as indicated on the plans, the open ends shall be plugged with removable tapered plugs, designed for this purpose. All conduits shall be securely fastened in place during construction and shall be plugged to prevent contaminate from entering the conduits. Any conduit section having a defective joint shall not be installed. Ducts shall be supported and spaced apart using approved spacers at intervals not to exceed 5 feet. Unless otherwise shown on the plans, concrete encased duct banks shall be utilized when crossing under pavements expected to carry aircraft loads. Where turf is well established and the sod can be removed, it shall be carefully stripped and properly stored. Trenches for conduits and duct banks may be excavated manually or with mechanical trenching equipment unless in pavement, in which case they shall be excavated with mechanical trenching equipment. Walls of trenches shall be essentially vertical so that a minimum of shoulder surface is disturbed. Blades of graders shall not be used to excavate the trench. Underground electrical warning (caution) tape shall be installed in the trench above all underground duct banks and conduits in unpaved areas. Contractor shall submit a sample of the proposed warning tape for approval by the Engineer. If not shown on the plans, the warning tape shall be located six inches above the duct/conduit or the counterpoise wire if present. Joints in plastic conduit shall be prepared in accordance with the manufacturer's recommendations for the particular type of conduit. Plastic conduit shall be prepared by application of a plastic cleaner and brushing a plastic solvent on the outside of the conduit ends and on the inside of the couplings. The conduit fitting shall then be slipped together with a quick one - quarter turn twist to set the joint tightly. Where more than one conduit is placed in a single trench, or in duct banks, joints in the conduit shall be staggered a minimum of 2 feet. Changes in direction of runs exceeding 10 degrees, either vertical or horizontal, shall be accomplished using manufactured sweep bends. Whether or not specifically indicated on the drawings, where the soil encountered at established duct bank grade is an unsuitable material, as determined by the Engineer, the unsuitable material shall be removed and replaced with suitable material. Alternatively, additional duct bank supports that are adequate and stable shall be installed, as approved by the Engineer. All excavation shall be unclassified and shall be considered incidental to the respective L -110 pay item of which it is a component part. Dewatering necessary for duct installation, erosion and turbidity control, in accordance with Federal, State, and Local requirements is incidental to its respective pay item as a part of Item L -I 10. The cost of all excavation regardless of type of material encountered, shall be included in the unit price bid for the L -110 Item. Unless otherwise specified, excavated materials that are deemed by the Engineer to be unsuitable for use in backfill or embankments shall be removed and disposed of off -site. Any excess excavation shall be filled with suitable material approved by the Engineer and compacted. It is the Contractor's responsibility to locate existing utilities within the work area prior to excavation. Where existing active cables) cross proposed installations, the Contractor shall insure that these cable(s).are adequately protected. Where crossings are unavoidable, no splices will be allowed in the existing cables, except as specified on the plans. Installation of new cable where such crossings must occur shall proceed as follows: L- 110-3 Packet Page -2253- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER. 2011 (1) Existing cables shall be located manually. Unearthed cables shall be inspected to assure absolutely no damage has occurred (2) Trenching, etc., in cable areas shall then proceed with approval of the Engineer, with care taken to minimize possible damage or disruption of existing cable, including careful backfilling in area of cable. In the event that any previously identified cable is damaged during the course of construction, the Contractor shall be responsible for the complete repair. 110 -3.2 DIRCTIONAL BORE. Method of construction for directional bore shall be performed in accordance to FDOT Section 555. 110 -33 CONDUITS WITHOUT CONCRETE ENCASEMENT. Trenches for single- conduit lines shall be not less than 6 inches (150 mm) nor more than 12 inches (300 mm) wide, and the trench for 2 or more conduits installed at the same level shall be proportionately wider. Trench bottoms for conduits without concrete encasement shall be made to conform accurately to grade so as to provide uniform support for the conduit along its entire length. Unless otherwise shown on the plans, a layer of fine earth material, at least 4 inches (100 mm) thick (loose measurement) shall be placed in the bottom of the trench as bedding for the conduit. The bedding material shall consist of soft dirt, sand or other fine fill, and it shall contain no particles that would be retained on a 1/4 -inch (6 mm) sieve. The bedding material shall be tamped until firm. Flowable backfill may alternatively used. Unless otherwise shown on plans, conduits shall be installed so that the tops of all conduits are at least 18 inches (45 cm) below the finished grade. When two or more individual conduits intended to carry conductors of equivalent voltage insulation rating are installed in the same trench without concrete encasement, they shall be spaced not less than 2 inches (50 mm) apart (measured from outside wall to outside wall) in a horizontal direction and not less than 6 inches (150 mm) apart in a vertical direction. Where two or more individual conduits intended to carry conductors of differing voltage insulation rating are installed in the same trench without concrete encasement, they shall spaced not less than 3 inches (75 mm) apart (measured from outside wall to outside wall) in a horizontal direction and lot less than 6 inches (150 mm) apart in a vertical direction. Trenches shall be opened the complete length between normal termination points before conduit is installed so that if any unforeseen obstructions are encountered, proper provisions can be made to avoid them. Conduits shall be installed using conduit spacers. No. 4 reinforcing bars shall be driven vertically into the soil a minimum of 6 inches to anchor the assembly into the earth while backfilling. For this purpose, the spacers shall be fastened down with locking collars attached to the vertical bars. Spacers shall be installed at 5 -foot intervals. Spacers shall be in the proper sizes and configurations to fit the conduits. Locking collars and spacers shall be submitted to the Engineer for review prior to use. 110 -3.4 MARKERS. The location of each end and of each change of direction of conduits and duct banks shall be marked by a concrete slab marker 2 feet (60 cm) square and 4 -6 inches (100 -150 mm) thick extending approximately I inch (25 mm) above the surface. The markers shall also be located directly above the ends of all conduits or duct banks, except where they terminate in a junction/access structure or building. The Contractor shall impress the word "DUCT' or "CONDUIT' on each marker slab. The Contractor shall also impress on the slab the number and size of conduits beneath the marker along with all other necessary information as determined by the Engineer. The letters shall be 4 inches (100 mm) high and 3 inches (75 mm) wide with width of stroke 1/2 -inch (12 mm) and 1/4 -inch (6 mm) deep or as large as the available space permits. Furnishing and installation of duct markers is incidental to the respective duct pay item. 110 -3.5 BACKFILLING FOR CONDUITS. For conduits, 8 inches (200 cm) of sand, soft earth, or other fine fill (loose measurement) shall be placed around the conduits ducts and carefully tamped around and over them with L -110 -4 Packet Page -2254- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER, 2011 hand tampers. The remaining trench shall then be backfilled and compacted except that material used for back fill shall be select material not larger than 4 inches in diameter. Flowable backfill may alternatively be used Trenches shall not contain pools of water during back, filling operations. The trench shall be completely backfilled and tamped level with the adjacent surface: except that, where sod is to be placed over the trench, the backfilling shall be stopped at a depth equal to the thickness of the sod to be used, with proper allowance for settlement. Any excess excavated material shall be removed and disposed of in accordance with instructions issued by the Engineer. 110 -3.6 BACKFILLING FOR DUCT BANKS. After the concrete has cured, the remaining trench shall be backfilled and compacted except that the material used for backfill shall be select material not larger than 4 inches in diameter. Flowable backfill may alternatively be used Trenches shall not contain pools of water during backfilling operations. The trench shall be completely backfilled and tamped level with the adjacent surface: except that, where sod is to be placed over the trench, the backfilling shall be stopped at a depth equal to the thickness of the sod to be used, with proper allowance for settlement. Any excess excavated material shall be removed and disposed of in accordance with instructions issued by the Engineer. 110 -3.7 RESTORATION. Where sod has been removed, it shall be replaced as soon as possible after the backfilling is completed. All areas disturbed by the work shall be restored to its original condition. The restoration shall include sodding and mulching shown on the plans. The Contractor shall be held responsible for maintaining all disturbed surfaces and replacements until final acceptance. All restoration shall be considered incidental to the respective L -110 pay item. METHOD OF MEASUREMENT 110 -4.1 Underground conduits and duct banks shall be measured by the linear feet (meter) of conduits and duct banks installed, including encasement, locator tape, trenching and backfill with designated, resolution, and for drain lines, the termination at the drainage structure, all measured in place, completed, and accepted. Separate measurement shall be made for the various types and sizes. BASIS OF PAYMENT 110 -5.1 Payment will be made at the contract unit price per linear foot for each type and size of conduit and duct bank completed and accepted, including trench and backfill with the designated material, and, for drain lines, the termination at the drainage structure. This price shall be full compensation for furnishing all materials and for all preparation, assembly, and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete this item in accordance with the provisions and intent of the plans and specifications. Payment will be made under: Item L- 110 -5.1 Directional Bore – 4 each – 2 inch conduit —per linear foot Item L- 110 -5.2 Directional Bore – 2 each – 2 inch conduit – per linear foot Item L- 110 -5.3 Electrical Conduit –1 each- 2 inch conduit —per linear foot L -110 -5 Packet Page -2255- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER 2011 Fed. Spec. W -C -1094 Underwriters Laboratories Standard 6 Underwriters Laboratories Standard 514B Underwriters Laboratories Standard 1242 Underwriters Laboratories Standard 651 Underwriters Laboratories Standard 651A MATERIAL REQUIREMENTS Conduit and Conduit Fittings; Plastic, Rigid (cancelled; replaced by UL 514 Boxes, Nonmetallic Outlet, Flush Device Boxes, & Covers, and UL 651 Standard for Conduit & Hope Conduit, Type EB & A Rigid PVC) Rigid Metal Conduit Fittings for Cable and Conduit Intermediate Metal Conduit Schedule 40 and 80 Rigid PVC Conduit (for Direct Burial) Type EB and A Rigid PVC Conduit and HDPE Conduit (for concrete encasement) END OF ITEM L -110 L -110 -6 Packet Page -2256- 2/14/2012 Item 16.G.2. RvfMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER, 2011 ITEM L -115 ELECTRICAL MANHOLES AND JUNCTION STRUCTURES DESCRIPTION 115 -1.1 This item shall consist of electrical manholes and junction structures (handholes, pullboxes, junction cans, etc.) installed in accordance with this specification, at the indicated locations and conforming to the lines, grades and dimensions shown on the plans or as required by the Engineer. This item shall include the installation of each electrical manhole and/or junction structures with all associated excavation, backfilling, sheeting and bracing, concrete, reinforcing steel, ladders, appurtenances, testing, dewatering and restoration of surfaces to the satisfaction of the Engineer. EQUIPMENT AND MATERIALS 115 -2.1 GENERAL. a. All equipment and materials covered by referenced specifications shall be subject to acceptance through manufacturer's certification of compliance with the applicable specification when so requested by the Engineer. b. Manufacturer's certifications shall not relieve the Contractor of the Contractor's responsibility to provide materials in accordance with these specifications and acceptable to the Engineer. Materials supplied and/or installed that do not materially comply with these specifications shall be removed, when directed by the Engineer and replaced with materials, which do comply with these specifications, at the sole cost of the Contractor. c. All materials and equipment used to construct this item shall be submitted to the Engineer for approval prior to ordering the equipment. Submittals consisting of marked catalog sheets or shop drawings shall be provided. Submittal data shall be presented in a clear, precise and thorough manner. Original catalog sheets are preferred. Photocopies are acceptable provided they are as good a quality as the original. Clearly and boldly mark each copy to identify pertinent products or models applicable to this project. Indicate all optional equipment and delete non - pertinent data. Submittals for components of electrical equipment and systems shall identify the equipment for which they apply on each submittal sheet. Markings shall be boldly and clearly made with arrows or circles (highlighting is not acceptable). Contractor is solely responsible for delays in project accruing directly or indirectly from late submissions or resubmissions of submittals. d. The data submitted shall be sufficient, in the opinion of the Engineer, to determine compliance with the plans and specifications. The Engineer reserves the right to reject any and all equipment, materials or procedures, which, in the Engineer's opinion, does not meet the system design and the standards and codes, specified herein. e. All equipment and materials furnished and installed under this section shall be guaranteed against defects in materials and workmanship for a period of at least twelve (12) months from final acceptance by the Owner. The defective materials and/or equipment shall be repaired or replaced, at the Owner's discretion, with no additional cost to the Owner. 115 -2.2 CONCRETE STRUCTURES. Cast -in -place concrete structures shall conform to the details and dimensions shown on the plans. Provide precast concrete structures where shown on the plans. Precast concrete structures shall be an approved standard design of the manufacturer. Precast units shall have mortar or bitumastic sealer placed between all joints to make them watertight. The structure shall be designed to withstand 34,000 lb aircraft loads, unless otherwise shown on the plans. Openings or knockouts shall be provided in the structure as detailed on the plans. Threaded inserts and pulling eyes shall be cast in as shown. If the Contractor chooses to propose a different structural design, signed and sealed shop drawings, design calculations, and other information requested by the Engineer shall be submitted by the Contractor to allow for a full L -115 -1 Packet Page -22S7- 2/14/2012 Item 16.G.2. UvIN10KALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER. 2011 evaluation by the Engineer. The Engineer shall review in accordance with the process defined in the General Provisions. 115 -2.3 JUNCTION CANS. Junction Cans shall be L -867 Class 1 (non -load bearing) or L -868 Class 1 (load bearing) cans encased in concrete. The cans shall have a galvanized steel blank cover, gasket, and stainless steel hardware. Covers shall be 3/8" thickness for L -867 and 3/4" thickness for L -868. 115 -2.4 MORTAR. The mortar shall be composed of one part of Portland cement and two parts of mortar sand, by volume. The Portland cement shall conform to the requirements of ASTM C 150, Type I. The sand shall conform to the requirements of ASTM C 144. Hydrated lime may be added to the mixture of sand and cement in an amount not to exceed 15 percent of the weight of cement used. The hydrated lime shall meet the requirements of ASTM C 6. The water shall be clean and free of deleterious amounts of acid, alkalies or organic material. If the water is of questionable quality, it shall be tested in accordance with AASHTO T -26. 115 -2.5 CONCRETE. All concrete used in structures shall conform to the requirements of FDOT Class III„ Structural Portland Cement Concrete, 5,000 PSI minimum strength. 115 -2.6 FRAMES AND COVERS. The frames shall conform to one of the following requirements: a. Gray iron castings shall meet the requirements of ASTM A 48. b. Malleable iron castings shall meet the requirements of ASTM A 47. C. Steel castings shall meet the requirements of ASTM A 27. d. Structural steel for frames shall conform to the requirements of ASTM A -283, Grade D. e. Ductile iron castings shall conform to the requirements of ASTM A 536. f. Austempered ductile iron castings shall conform to the requirements of ASTM A 897. All castings specified shall withstand a maximum load of 34,000 pounds. All castings or structural steel units shall conform to the dimensions shown on the plans and shall be designed to support the loadings specified. Each frame and cover unit shall be provided with fastening members to prevent it from being dislodged by traffic, but which will allow easy removal for access to the structure. All castings shall be thoroughly cleaned_ Auer fabrication, structural steel units shall be galvanized to meet the requirements of ASTM A 123. Each cover shall have the word "ELECTRIC" or other approved designation cast on it. Each frame and cover shall be as shown on the plans or approved equivalent. No cable notches are required. 115 -2.7 Not Used. 115 -2.8 REINFORCING STEEL. All reinforcing steel shall be deformed bars of new billet steel meeting the requirements of ASTM A 615, Grade 60. 115 -2.9 BEDDING /SPECIAL BACKFILL. Bedding or special backfill shall be as shown on the plans. 115 -2.10 Not Used. 115 -2.11 Not Used. L -115 -2 Packet Page -22S8- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER 2011 115 -2.12 PLASTIC CONDUIT. Plastic conduit shall comply with Item L -110 - Airport Underground Electrical Duct Banks and Conduits. 115 -2.13 CONDUIT TERMINATORS. Conduit terminators shall be pre- manufactured for the specific purpose and sized as required or as shown on the plans. 115 -2.14 PULLING -IN IRONS. Pulling -in irons shall be manufactured with 7/8 -inch (22mm) diameter hot - dipped galvanized steel or stress- relieved carbon steel roping designed for concrete applications (7 strand, 1/2 -inch diameter with an ultimate strength of 270,000 psi). Where stress - relieved carbon steel roping is used, a rustproof sleeve shall be installed at the hooking point and all exposed surfaces shall be encapsulated with a polyester coating to prevent corrosion. 115 -2.15 GROUND RODS. Ground rods shall be one piece, copper or copper clad. The ground rods shall be of the length and diameter specified on the plans, but in no case shall they be less than 8 -feet (240 cm) long nor less than 5/8 inch (15 mm) in diameter. CONSTRUCTION METHODS 115 -3.1 UNCLASSIFIED EXCAVATION. It is the Contractor's responsibility to locate existing utilities within the work area prior to excavation. Damage to utility lines, through lack of care in excavating, shall be repaired or replaced to the satisfaction of the Engineer without additional expense to the Owner. The Contractor shall perform excavation for structures and structure footings to the lines and grades or elevations shown on the plans or as staked by the Engineer. The excavation shall be of sufficient size to permit the placing of the full width and length of the structure or structure footings shown. All excavation shall be unclassified and shall be considered incidental to the respective L -115 pay item of which it is a component part. Dewatering necessary for L -115 structure installation, erosion and turbidity control, in accordance with Federal, State, and Local requirements is incidental to its respective pay item as a part of Item L -115. The cost of all excavation regardless of type of material encountered, shall be included in the unit price bid for the L -115 Item. Prior to installation the Contractor shall provide a minimum of 6 inches of sand or a material approved by the Engineer as a suitable base to receive the structure. The base material shall be compacted and graded level and at proper elevation to receive the structure in proper relation to the conduit grade or ground cover requirements, as indicated on the plans. 115 -3.2 Not Used. 115 -3.3 PRECAST UNIT INSTALLATIONS. Precast units shall be installed plumb and true. Joints shall be made watertight by use of sealant at each tongue- and - groove joint and at roof of manhole. Excess sealant shall be removed and severe surface projections on exterior of neck shall be removed. 115 -3.4 PLACEMENT AND TREATMENT OF CASTINGS, FRAMES AND FITTINGS. All castings, frames and fittings shall be placed in the positions indicated on the Plans or as directed by the Engineer and shall be set true to line and to correct elevation. If frames or fittings are to be set in concrete or cement mortar, all anchors or bolts shall be in place and position before the concrete or mortar is placed. The unit shall not be disturbed until the mortar or concrete has set. Field connections shall be made with bolts, unless indicated otherwise. Welding will not be permitted unless shown otherwise on the approved shop drawings and written permission is granted by the casting manufacturer. Erection equipment shall be suitable and safe for the workman. Errors in shop fabrication or deformation resulting from handling and transportation that prevent the proper assembly and fitting of parts shall be reported immediately to the Engineer and approval of the method of correction shall be obtained. Approved corrections shall be made at Contractor's expense. L -115 -3 Packet Page -2259- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER 2011 Anchor bolts and anchors shall be properly located and built into connection work. Bolts and anchors shall be preset by the use of templates or such other methods as may be required to locate the anchors and anchor bolts accurately. Pulling -in irons shall be located opposite all conduit entrances into structures to provide a strong, convenient attachment for pulling -in blocks when installing cables. Pulling -in irons shall be set directly into the concrete walls of the structure. 115 -3.5 Not Used. 115 -3.6 Not Used. 115 -3.7 BACKFILLING. After a structure has been completed, the area around it shall be backfilled in horizontal layers not to exceed 6 inches in thickness measured after compaction. Each layer shall be deposited all around the structure to approximately the same elevation. The top of the fill shall meet the elevation shown on the plans or as directed by the Engineer. Where required, the Engineer may direct the Contractor to add, at his own expense, sufficient water during compaction to assure a complete consolidation of the backfill. The Contractor shall be responsible for all damage or injury done to conduits, duct banks, structures, property or persons due to improper placing or compacting of backfill. 115 -3.8 CONNECTION OF DUCT BANKS. To relieve stress of joint between concrete - encased duct banks and structure walls, reinforcement rods shall be placed in the structure wall and shall be formed and tied into duct bank reinforcement at the time the duct bank is installed. 115 -3.9 GROUNDING. A ground rod shall be installed in the floor of all concrete structures so that the top of rod extends 6 inches (154 mm) above the floor. The ground rod shall be installed within 1 foot of a corner of the concrete structure. Ground rods shall be installed prior to casting the bottom slab. Where the soil condition does not permit driving the ground rod into the earth without damage to the ground rod, the Contractor shall drill a 4 -inch diameter hole into the earth to receive the ground rod. The hole around the ground rod shall be filled throughout its length, below slab, with Portland cement grout. Ground rods shall be installed in precast bottom slab of structures by drilling a hole through bottom slab and installing the ground rod. Bottom slab penetration shall be sealed watertight with Portland cement grout around the ground rod. A grounding bus of 4/0 bare stranded copper shall be exothermically bonded to the ground rod and loop the concrete structure walls. The ground bus shall be a minimum of 1 foot above the floor of the structure and separate from other cables. No. 2 AWG bare copper pigtails shall bond the grounding bus to all cable trays and other metal hardware within the concrete structure. Connections to the grounding bus shall be exothermic. Hardware connections may be mechanical, using a lug designed for that purpose. 115 -3.10 CLEANUP AND REPAIR. After erection of all galvanized items, damaged areas shall be repaired by applying a liquid cold - galvanizing compound conforming MIL -P- 21035. Surfaces shall be prepared and compound applied in accordance with manufacturer's recommendations, Prior to acceptance, the entire structure shall be cleaned of all dirt and debris 115 -3.11 RESTORATION. After the backfill is completed, the Contractor shall dispose of all surplus material, dirt and rubbish from the site. The Contractor shall restore all disturbed areas equivalent to or better than their original condition. All sodding, grading and restoration shall be considered incidental to the respective L -115 pay item. The Contractor shall grade around structures as required to provide positive drainage away from the structure. Areas with special surface treatment, such as roads, sidewalks, or other paved areas shall have backfill compacted to match surrounding areas, and surfaces shall be repaired using materials comparable to original materials. L -115 -4 Packet Page -2260- 2/14/2012 Item 16.G.2. LMMOKALEE REGIONAL AIRPORT RUNWAY 18-36 LIGHTING REHABILITATION NOVEMBER, 2011 After all work is completed, the Contractor shall remove all tools and other equipment, leaving the entire site free, clear and in good condition. 115 -3.12 INSPECTION. Prior to final approval, the electrical structures shall be thoroughly inspected for conformance with the plans and this specification. Any indication of defects in materials or workmanship shall be further investigated and corrected. The earth resistance to ground of each ground rod shall not exceed 25 ohms. Each ground rod shall be tested utilizing the fall -of- potential ground impedance test as described by ANSI IEEE Standard 81. This test shall be performed prior to establishing connections to other ground electrodes. 115 -3.13 Not Used. 115 -3.14 Not Used. METHOD OF MEASUREMENT 115 -4.1 Electrical manholes and junction structures shall be measured by each unit completed in place and accepted. The following additional items are specifically included in each unit. • All Required Excavation, Dewatering • All Required Backfilling with On -Site Materials • Restoration of All Surfaces and Finished Grading, Sodding • All Required Connections • Dewatering If Required • Temporary Cables and Connections • Ground Rod Testing BASIS OF PAYMENT 115 -5.1 The accepted quantity of electrical manholes and junction structures will be paid for at the Contract unit price per each, complete and in place. This price shall be full compensation for furnishing all materials and for all preparation, excavation, backfilling and placing of the materials, furnishing and installation of appurtenances and connections to duct banks and other structures as may be required to complete the item as shown on the plans and for all labor, equipment, tools and incidentals necessary to complete the structure. 115 -5.2 Payment will be made under: Item L- 115 -5.2 Electrical Junction Structure -Per Each MATERIAL REQUIREMENTS ANSI/IEEE Std 81 IEEE Guide for Measuring Earth Resistivity, Ground Impedance, and Earth Surface Potentials of a Ground System AC 150/5345 -7 Specification for L -824 Underground Electrical Cable for Airport Lighting Circuits AC 150/5345 -26 Specification for L -823 Plug and Receptacle Cable Connectors L -115 -5 Packet Page -2261- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER, 2011 FED SPEC J -C -30 Cable and Wire, Electrical Power, Fixed Installation (cancelled; replaced by AA -59544 Cable and Wire, Electrical (Power, Fixed Installation)) ASTM B.3 Soft or Annealed Copper Wire ASTM B.8 Concentric- Lay - Stranded Copper Conductor, Hard, Medium -Hard, or Soft END OF ITEM L -115 L -115 -6 Packet Page -2262- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER, 2011 ITEM L -125 INSTALLATION OF AIRPORT LIGHTING SYSTEMS DESCRIPTION 125 -1.1 GENERAL. This item shall consist of airport lighting systems furnished and installed in accordance with this specification, any referenced specifications, and the applicable Federal Aviation Administration Advisory Circulars. The systems shall be installed at the location and in accordance with the dimensions, layout, design, and details shown in the plans. This item shall include furnishing and installing all lights, transformers, base cans, mounting assemblies, base plates, adapter rings, concrete work, cable connections, all lamps, testing of the installation and all incidentals and appurtenances necessary to place the systems in operation as completed units to the satisfaction of the Engineer during Final Inspection. 125 -1.2 REFERENCED MATERIALS. Additional details pertaining to specific systems covered in this section are contained in the Federal Aviation Administration (FAA) Advisory Circulars (AC's), latest edition, listed below: 150/5340 -30E Design and Installation Details for Airport Visual Aids. 150/5345 -7E Specification for L -824 Underground Electrical Cable for Airport Lighting Circuits 150/5345 — 12F Specifications for Airport and Heliport Beacons 150/5345 -26D Specification for L -823 Plug and Receptacle, Cable Connectors 150/5345 — 28G Precision Approach Path Indicator (PAPI) Systems 150/5345 -42F Specification for Airport Light Bases, Transformer, Houses, Junction Boxes and The Contractor is responsible for obtaining and using the latest edition of the referenced FAA Advisory Circulars. Accessories 150/5345 -46D Specification for Runway and Taxiway Light Fixtures 150/5345 -47C Specification for Series to Series Isolation Transformers for Airport Lighting Systems 150/5345 — 51B Specifications for Discharge — Type Flashing Light Equipment 150/5345 -53C Airport Lighting Equipment Certification Program 150/5370 -2E Operational Safety on Airports During Construction 150 /5370 -1OF Standards for Specifying Construction of Airports The Contractor is responsible for obtaining and using the latest edition of the referenced FAA Advisory Circulars. 125 -1.3 SUBMITTALS. Shop drawings of each airfield lighting component, indicating FAA approval, shall be submitted for approval and be approved prior to ordering any materials for this section. This submittal shall include the proposed method of installation for all airfield lighting components. The submittal shall include data on all component parts of the item or system. The data submitted shall be sufficient, in the opinion of the Engineer, to determine compliance with the contract documents. 125 -1.4 QUALIFICATIONS. The Engineer reserves the right to reject any and all equipment which, in his L -125 -1 Packet Page -2263- 2/14/2012 Item 16.G.2. RVIMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER, 2011 opinion, does not meet the system design and the standards and codes specified herein. MATERIALS 125 -2.1 GENERAL. a. Airport lighting equipment and materials covered by FAA specifications shall have prior approval of the Federal Aviation Administration, Airports Service, Washington, D.C. 20591, and shall be listed in Advisory Circular 15015345 -1, Latest Edition, Approved Airport Equipment. All items that are FAA/Engineering Test Laboratories approved at the time of bidding, which otherwise meet the project specifications are acceptable. b. All other equipment and materials covered by other referenced specifications shall be subject to acceptance through the manufacturer's certification of compliance with the applicable specifications. The Contractor shall submit the manufacturer's certificates of compliance with the applicable specifications to the Engineer for approval before the equipment and material are ordered. c. Manufacturer's certifications shall not relieve the Contractor of his responsibility to provide materials in accordance with these specifications and acceptable to the Engineer. Materials supplied and/or installed that do not materially comply with these specifications shall be removed and replaced with materials which do comply with these specifications, at the sole cost of the Contractor. d. Lists of the equipment and materials required for a particular system are contained in the applicable Advisory Circulars and specifications and as shown in the plans. e. All items required per this section are for use on a 6.6 amp primary series circuit unless specifically noted otherwise. *4904Elll"Mr.' `►11IT:* sul a. Except as modified below, all equipment and materials furnished and installed under this section shall be guaranteed against defects in materials and workmanship for a period of twenty four (24) months or the manufacturer's standard guarantee period whichever is greater, from final acceptance by the Owner. The defective materials and/or equipment shall be repaired or replaced, at the Owner's discretion, with no additional cost to the Owner. b. The lamp life, as rated by the manufacturer (not the supplier), shall be warranted for the specified number of hours. Should ten percent (10 %) of the lamps fail prior to the rated life of the lamp, then the entire system using the failing lamp type shall be relamped, at the contractor's expense, and the warranty time shall start over. At the Owner's option, the contractor may elect to supply 100% spares. 125 -2.3 BASIS OF DESIGN. The airfield lighting systems are designed using the below listed maximum fixture wattages. Approved airfield lighting fixtures with higher wattages area permissible provided the contractor assumes all costs for the redesign of the airfield lighting and necessary power distribution systems and all costs incurred furnishing and installing any additional equipment. In no case shall the contractor be allowed to reduce the size of the constant current regulators or the power distribution systems. Taxiway Edge Light 30W 125 -2.4 TAXIWAY EDGE LIGHTS. The taxiway edge lights shall be L -861T with quartz lamps. L -125 -2 Packet Page -2264- 2/14/2012 Item 16.G.2. I1v1MOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER. 2011 125 -2.5 ISOLATION TRANSFORMER. The isolation transformers shall be L -830, 6.6 amp primary to 6.6 amp secondary, sized per the fixture manufacturer's recommendations and conforming to AC 150/5345-47C, latest edition. 125.6 STAKE MOUNTS. All stakes for stake mounted lights shall be 3/16" thick Class 1, hot - dipped galvanized steel constructed to the dimensions as shown on the plans. 125 -2.7 LIGHT BASES. All light bases (base cans), when specified, shall meet the requirements of FAA AC 150 /5345 -42, latest edition. The light bases for base mounted light fixtures shall be L -867, Type I. The sizes of the units shall be as shown on the contract drawing and in this specification. All light bases, transformer houses and junction boxes shall be Class 1, galvanized steel. 125.2.8 REILS. The runway end identifier units shall be of a type that receives its power from the series lighting circuit and shall operate properly regardless of the type of constant current regulator. The units shall be L -849 LED REIL Type 1 Style C conforming to requirements of AC -150 /5345 -51B. 125 -2.9 PAPIs. PAPIs shall be four box L -880 Precision Approach Path Indicators, Style A, Class I conforming to requirements of AC- 150/5345 -28G and include aiming device. 125 -2.10 CABLES. Cables shall comply with Specification L -108. 125 -2.11 CONNECTORS. Connectors shall comply with Specifications L -108. 125 -2.12 PLUG CUTOUTS. The SI plug cutouts shall be a polymer based type unit. Porcelain is not acceptable. 125 -2.13 FRANGIBLE COUPLINGS. All elevated items shall be installed on frangible couplings in accordance with the respective Federal Aviation Advisory Circular. 125.2.14 TAPE. Plastic electrical tapes shall be Scotch Electrical Tape number 88 as manufactured by the Minnesota Mining and Manufacturing Company, or an approved equal. 125.2.15 CONCRETE. Concrete for backfill shall comply with FDOT Specification Class 1, Structural 3,000 psi. 125.2.16 CONDUIT. Conduit shall be as indicated on the drawings. 125.2.17 HEAT SHRINK KIT. Heat shrinkable tubing with integral sealant on each end for waterproofing L -823 connectors shall be equal to Sigmform Corporation Type APL, or Raychem Corporation Type ADL, or Crouse Hinds Type HSK or approved equal. 125.2.18 IDENTIFICATION/NUMBER PLATES. Identification tags shall be in accordance with the plans. 125.2.19 BOLTING HARDWARE. All airfield bolting hardware shall be stainless steel and shall meet FAA requirements. All bolts '/4" and larger shall be hex head type. All bolts smaller than '/4" trade size shall be recessed Allen type. All bolted connections shall utilize an anti - rotational locking type device. The base can cover and fixture mounting bolts shall extend thru the base can mounting flange into the base can a minimum of 0.5 ". The bolts shall have enough thread length so they do not shoulder out before the fixture is securely tightened. 125.2.20 ANTI -SEIZE COMPOUND. The anti -seize compound shall be GE Dielectric Compound, G624, or approved equal. L -125 -3 Packet Page -2265- 2/14/2012 Item 16.G.2. Ilv1MOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER. 2011 125.2.21 FILLERS AND ADHESIVES. Joint sealing filler shall be FAA type P -605 and adhesive compounds shall be FAA type P -606. 125.2.22 DELIVERY, STORAGE AND HANDLING Ship materials and equipment disassembled only to the extent necessary for reasons of shipping limitation, handling facilities, and to avoid damage during shipment. Maintain materials and equipment in new condition. This shall include the use of heat lamps suitable coverings, indoor storage, etc. to properly protect the equipment and materials. Any equipment or materials in the opinion of the Owner or Engineer, damaged during construction or storage periods shall be replaced by and at the cost of the Contractor. CONSTRUCTION METHODS 125 -3.1 INSTALLATION. 125 -3.1.1 Replace isolation transformer on stake mounted taxiway edge light Expose existing transformer and cable connections. Replace L -823 primary connector on cable, prepare proper connection and install new transformer as shown on the plans. Cable connections shall be made in accordance to Specification L -108. Bury transformer primary cable connectors at least 10 inches deep and adjacent to the stake. Do not attach cable connectors to the stakes. Install primary cable connectors, splices, and transformers at the same depth and in the same horizontal plane as the primary cable with adequate slack provided. The radius of cable bends shall not be less than 10 inches. Place the secondary leads from the transformer to the lamp socket in a loose spiral with excess slack at the bottom. 1253.1.2 Replace Isolation Transformer for base mounted taxiway edge lights and sign. Remove cover from base to expose transformer and cable connections. Replace L -823 primary connectors on cable, prepare proper connections and install new transformer as shown on the plans. Cable connections shall be made in accordance to specification L- 108. Install transformer in light base can ,connect secondary leads from the transformer to the lamp socket and, re- mount cover on base. 125.3.1.3 REIL System. The REIL system shall be installed in accordance with the applicable portions of Advisory Circular 15015340 -30E, latest edition, and shown on the plans. The Contractor shall furnish all materials and construct new bases for the new REILS in the locations indicated on the plans and as directed by the Engineer and manufacturer. The Contractor shall also furnish, install and connect all specified equipment, equipment accessories, conduit, cables, wires, grounds and support necessary to insure a complete and operable REIL system. 125.3.1.4 PAPI System. The PAPI system shall be installed in accordance with the applicable portions of Advisory Circular 15015340 -30E, latest edition, and shown on the plans. The Contractor shall furnish all materials and construct new bases for the new PAPIS in the locations indicated on the plans and as directed by the Engineer and manufacturer. The Contractor shall also furnish, install and connect all specified equipment, equipment accessories, conduit, cables, wires, grounds, step -down transformer and support necessary to insure a complete and operable PAPI system. 125 -3.2 TESTING This section describes the testing and demonstrations furnished by this Contractor. All items furnished and/or installed by this Contractor shall be tested and demonstrated in accordance with these specifications. All equipment and labor required for testing and demonstrations shall be furnished by this Contractor. a. Fully test the installation by continuous operation for a period of not less than twenty-four (24) hours as a completed unit, prior to acceptance by the Owner. b. Up to two (2) walk - through may be initiated by the Owner or the Engineer during which the airfield lighting units would be required to be in operation. Additional walk - through may be necessary depending upon the number of discrepancies found on the previous walk - through. L -125 -4 Packet Page -2266- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18-36 LIGHTING REHABILITATION NOVEMBER 2011 C. The Contractor is responsible for lamp replacements and necessary maintenance of airfield items during the testing, construction and walk - through periods. d. Test cabling per specification L -108. e. Demonstrate all features and functions of all systems and instruct the Owner's personnel in the proper and safe operation of the systems. 1. With the REIL in Remote, the test shall include operating the constant current regulator in each step not less than 10 times at the beginning and end of the 24 -hour test. The REEL shall illuminate properly during each portion of the test. At the end of this test, the REIL. shall be checked for proper operation in Local control. 2. The PAPI test shall include the functioning of each intensity control in both Remote and Local not less than 10 times at the beginning and end of the 24 hour test. f. The Contractor shall perform the necessary inspection and tests for some items concurrently with the installation because of subsequent inaccessibility of some components. The Engineer shall be notified by the Contractor forty-eight (48) hours in advance of any testing. g. The PAPIs must be flight checked by FAA. The Contractor will coordinate with Authority on notifying FAA when ready. h. Contractor to test segments of taxiway edge light circuit between light bases after replacement of isolation transformers and connectors and indicate results on as- built. There are no approved repair procedures for items that have failed testing other than complete replacement. Any other corrective measures shall be approved in writing by the Engineer. 125.3. GROUNDING. A ground rod shall be installed as shown on the plans. Where the soil condition does not permit driving the ground rod into the earth without damage to the ground rod, the Contractor shall drill a 4 -inch diameter hole into the earth to receive the ground rod. The hole around the ground rod shall be filled throughout its length, below slab, with Portland cement grout. A grounding bus of 4/0 bare stranded copper shall be exothermically bonded to the ground rod and structure. 125.4 CLEANUP AND REPAIR. After erection of all galvanized items, damaged areas shall be repaired by applying a liquid cold - galvanizing compound conforming M1L -P- 21035. Surfaces shall be prepared and compound applied in accordance with manufacturer's recommendations. Prior to acceptance, the entire structure shall be cleaned of all dirt and debris. 125.5 RESTORATION. After the backfill is completed, the Contractor shall dispose of all surplus material, dirt and rubbish from the site. The Contractor shall restore all disturbed areas equivalent to or better than their original condition. All Sodding, grading and restoration shall be considered incidental to the respective L -125 pay item. 125.3.6 OPERATION AND MAINTENANCE MANUALS. The Contractor shall provide data for all equipment, material and components supplied or furnished under this section in the Operation and Maintenance Manuals. This data shall include cut sheets from the manufacturer and the manufacturer's installation, operation L -125 -5 Packet Page -2267- 2/14/2012 Item 16.G.2. FVI MOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER. 2011 and maintenance manuals, recommended spare parts lists, any required test results, and other data. Final payment for any contract amounts shall not be processed without proper submittal of these manuals and review and approval by the Engineer. METHOD OF MEASUREMENT 125 -4.1 GENERAL. The quantity of airfield lighting units to be paid for under this item shall be the number of each type installed, complete and in place, ready for operation, and accepted by the Engineer. Each airfield lighting unit shall include the installation of an identification plate or tag as detailed in the plans. 125 -4.2 TAXIWAY EDGE LIGHTS. The quantity of runway edge lights to be paid for under this item shall be the number of each type installed, including light fixture, stake mounting system, concrete encased base can, base plate, transformers, connectors, and all incidentals, complete and in place, ready for operation, and accepted by the Engineer. 125 -4.3 REPLACEMENT OF ISOLATION TRANSFORMER. The quantity of isolation transformers replaced for taxiway edge lights or signs, to be paid for under this item shall be the number units replaced including excavation, connectors, transformers and all incidental, complete, tested and in place, ready for operation and accepted by the Engineer. 1254.4 REIL SYSTEM The quantity of runway end identifier lights (REILS) system to be paid for under this item shall be the number of units complete, ready for operation and accepted by the Engineer. This shall include installing new power connections to the REILs, installing new foundations, power supplies, transformers, removal of existing units and all other incidental materials and work required. 125 -4.5 PAPI SYSTEM The precision approach path indicator (PAPI) system to be paid for under this item shall be the number of units complete, ready for operation and accepted by the Engineer. This shall include installing new power connections to the PAPIs, installing new foundations, power supplies, transformers, and all other incidental materials and work required. BASIS OF PAYMENT 125 -5.1 GENERAL. Payment will be made at the contract unit price for each item completed in accordance with the plans and specifications that is installed by the Contractor and accepted by the Engineer. This price shall be full compensation for furnishing all materials and for all preparation, assembly and installation of these materials, and for all labor, equipment, tools, incidentals, and appurtenances necessary to complete these items. Payment will be made under: L- 125 -5.1 Replace Isolation Transformer for Stake Mounted Taxiway Edge Light — per each L- 125 -5.2 Replace Isolation Transformer for Base Mounted Taxiway Edge Light — per. each L- 125 -5.3 Replace Isolation Transformer for Airfield Guidance Signs L- 125 -5.4 L -849 REIL System — per each L- 125 -5.5 L -880 PAPI System — per each L- 125 -5.6 L -861 Stake Mounted Taxiway Edge Light -- per each L- 125 -5.7 L -861 Base Mounted Taxiway Edge Light — per each L -125 -6 Packet Page -2268- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION _ NOVEMBER, 2011 END OF ITEM L -125 L -125 -7 Packet Page -2269- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER. 2011 SPECIAL PROVISION NO. 1 Safety and Security Safet 1. I Initial Orientation The Contractor shall acquaint his /her supervisors and employees with the Airport activities and operations that are -inherent to this active general aviation airport and shall conduct his /her construction activities to conform to all routine operating procedures and emergency air traffic requirements and guidelines on safety specified in Paragraph 11 of this Special Provision. 2.Contractor Vehicles All contractor vehicles that are authorized to operate on the airport outside of the designated construction area limits or haul routes as specified on the plans and in the Active Aircraft Operations Area (AOA) shall display in full view above the vehicle a 3' X 3' or larger orange and white checkered flag, each check color being one (1') foot square. All vehicles operating in the active AOA during the hours of darkness shall be equipped with a flashing amber (yellow) dome -type light, mounted on top of the vehicle and of such intensity to conform to local codes for maintenance and emergency vehicles. 3.Ground Control /Active AOA Cross All Contractor vehicles that are required to cross active runways, taxiways, and Runway Protection Zones (RPZ' s ) shall do so under the direct control of a flagman in radio contact with the channel frequencies of the airport and with extreme caution. The flagmen shall be trained and instructed by Airport Operations in the regulations governing operations on the AOA and the radio procedures on the airport. It shall be understood by the Contractor that all aircraft traffic on runways, taxiways and aprons shall have priority over contractor's traffic. This will be clarified in detail at the Pre- Construction Conference and at the regular job meetings. The Contractor shall obtain a 2 -way radio for use by Contractor's personnel during normal working hours throughout the contract time period. 4.Runway and Taxiway Closures No runway, taxiway, apron or airport roadway shall be closed without approval of Airport Operations to enable necessary "Notices to Airmen" (NOTAM) or advisories to airport services or tenants. A minimum of seventy -two (72) hours' notice of requested closing shall be provided to the Engineer to allow the Engineer to give at least a 48 -hour notice to the Airport Owner. SP1 -1 Packet Page -2270- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER 2011 5. Construction Setbacks From Runways and Taxiways Any construction activity or open trenches within two hundred feet (200') of an active runway centerline or sixty six feet (66') from an active taxiway centerline will require closure of the affected runway or taxiway, unless otherwise approved by Airport Manager. Closures require the same provisions as Paragraph 4 above. In addition, during IFR conditions (weather with ceiling less than 3,000 feet and /or visibility less than three (3) statute miles), the Contractor shall suspend any operations within two hundred fifty feet (250') of Runway 18 -36 or Runway 9 -27 centerline unless the runway is physically closed for construction. Special exceptions may be made on a case -by -case basis which allow for construction activities adjacent to the edge of the existing active taxiways subject to contractor "pull- back" of equipment for passage of aircraft. Special exceptions shall require prior approval by the Airport Manager and Engineer. Their determination is final. No Contractor equipment shall be left within 500 feet of an active runway centerline when work is suspended or within. 70 feet of a taxiway or apron. 6.Open Flame Open flame, welding or torch - cutting operations are prohibited unless adequate fire and safety precautions have been taken and the procedure approved by Airport Operations. 7.Material Stockpiles Stockpile locations and heights shall be located outside and below any adjacent runway or taxiway safezy areas and shall be approved in advance by the Engineer and Airport Operations. Stockpiled material shall be constrained in a manner to prevent movement resulting from aircraft blast or wind conditions in excess of ten (10) knots. S.Open Trenches, excavations and stockpiled material located in the AOA shall be prominently marked with flags and lighted by approved light units during hours of restricted visibility and darkness. In special situations where crossings of the taxiway must be restored to service at the end of the day's work, steel plates or other materials shall be provided to cover the trenches within the taxiway safety area. These covers shall have such strength as to support the weight of a 50,000 pound gross weight aircraft on a dual -gear type undercarriage. 9.Debris Control Debris, waste and loose material shall not be allowed on aircraft movement areas. If observed to be on active aircraft areas, the material will be removed immediately by the Contractor. The Engineer may direct the debris problems during construction which are not corrected by the Contractor be SP1 -2 Packet Page -2271- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER. 2011 corrected by others at the expense of the Contractor. 10.Pavement Cleaning Prior to opening any pavement for aircraft use, the Engineer will arrange with Airport Operations for inspection of any runway, taxiway or apron that has been closed for work or that has been used for a crossing point or haul route by the Contractor. 11.Related Materials In the interest of safety, the Contractor is also directed to acquaint his /her employees with the provisions of the following Federal Aviation Administration Advisory Circulars. O 150/5200 -18 Airport Safety Self Inspection ® 150/S370 -2E Operational Safety on Airports During Construction © 150 /S210 -5B Painting, Marking and Lighting of Vehicles Used on Airport 12.Barricades The Contractor shall provide barricades across or along pavements to delineate construction activities from aircraft movement areas generally along the areas shown on the Safety Plan or as agreed upon issuance of the Contractor's schedule and phasing plan. Barricades shall be orange and white striped "low -boy" timber or saw -horse type with integral battery operated amber lights. Each barricade shall have a minimum of two flashing lights with intensities such that they can be readily identified during hours or darkness or low visibility. Barricades shall be sandbagged to prevent tipping due to jet blast or wind. The barricades shall be removed from the various areas as soon as the paving and striping are completed so as to return the area to aircraft movements as soon as possible. All construction barricades shall be inspected by the Contractor's superintendent on the site at the conclusion of each day's work to ensure proper operation prior to leaving the site. 13.Payment All costs related to compliance with the safety provisions of the contract shall be included in the various bid items contained in the proposal. No separate measurement or payment will be made for any of the above provisions. Security l.Gene: ~al Notes The Contractor shall comply with all security requirements specified herein. SP1 -3 Packet Page -2272- 2/14/2012 Item 16.G.2. B4N40KALEE REGIONAL AIRPORT RUNWAY 18-36 LIGHTING REHABILITATION NOVEMBER 2011 The Contractor shall designate to the Engineer in writing the name of his /her "Contractor Security Officer." The Contractor Security Officer shall represent the Contractor on the security requirements of the contract. 2.Access to the Site Contractor's access to the site shall be as shown on the plans or as directed by the Engineer. The Contractor shall not permit any unauthorized construction personnel or traffic on the site. The Contractor shall be responsible for traffic control to and from the various construction areas on the site. The contractor is responsible for immediate clean -up of any debris deposited along the access road as a result of construction traffic. Directional signing at the access gate along the delivery route to the storage area or work site shall be as directed by the Engineer. 3.Materials Delivery to the Site All Contractors' material orders for delivery to the site will use as a delivery address the access point at the Contractor's storage site at the airport. This will oreclude delivery trucks from entering into the airport or taking short cuts through the perimeter gates and entering into aircraft operations areas inadvertently. 4.Construction Area Limits The limits of construction material storage areas, equipment storage area, parking areas and other areas as required for the Contractor's exclusive use during construction shall be marked by the Contractor and approved by the Engineer. The Contractor shall erect and maintain suitable fencing, marking and /or warning devices suitable for both day /night use to delineate the perimeter of all such areas. Measurement or Payment No separate measurement or payment shall be made for this special provision. All costs are to be included in the respective bid items as part of the contract work. SP1 -4 Packet Page -2273- 2/14/2012 Item 16.G.2. IMMOKALEE REGIONAL AIRPORT RUNWAY 18 -36 LIGHTING REHABILITATION NOVEMBER 2011 SPECIAL PROVISION NO. 3 Protection of Airport Cables, Controls, NAVAIDS, and Weather Bureau Facilities A. The Contractor is hereby informed that there may be NAVAID facilities installed on the Airport including, without limitation, UHF and VHF receivers and transmitters, U.S. Weather Bureau facilities, airfield lighting systems, and electrical cables and controls relating to such NAVAIDS and facilities. Approval is subject to withdrawal at any time because of changes in the weather, emergency conditions on the airfield areas, anticipation of emergency conditions, and any other reason determined by the Engineer acting under the orders and instructions of the airport management and the designated FAA representative. Any instructions to the Contractor to clear any given area, at any time, by the Engineer or the Airport Management, shall be immediately executed. Construction work will commence in the cleared area only when additional instructions are issued by the Engineer. B. Power and control cables leading to and from any NAVAIDS, Weather Bureau, and other facilities will be marked in the field by the Contractor, with the assistance of the Engineer, before starting any work in their general vicinity. Thereafter, throughout the entire time of this construction, the Contractor shall not allow any construction equipment to cross these cables without first protecting the cable with steel boiler plate, or similar structural devices, for three feet (3') on either side of the marked cable route. All excavation within three feel (3') of existing cables shall be accomplished by hand digging only. C. This Special Provision is included to clarify the Contractor's responsibility to protect NAVAIDS, Weather Bureau, and other facilities and airport cables at all times. D. The Contractor shall immediately repair, with identical material by skilled workmen, at the Contractor's own expense, any underground cables serving NAVAIDS, weather reporting equipment, and other airport facilities which are damaged by the Contractor's workmen or equipment. E. Prior approval from the Engineer must be obtained for the materials, workmen, time or day or night, and method of repairs for any temporary or permanent repairs the Contractor proposes to make to any NAVAID or facility damaged by the Contractor. This also applies to any other airport facilities and /or cables damaged by the Contractor. F. Should the repair require splicing, it shall be at the discretion of the Engineer as to who shall perform the work. Where a third party performs the work, it shall be at the Contractor's expense. G. No repair or splice work shall be backfilled or covered prior to final operational approval by the Engineer. H. No separate payment for the above shall be made. All costs necessary to cover these items and services shall be included as _part of other bid items quoted in the bid proposal. SP3 -1 Packet Page -2274- 2/14/2012 Item 16.G.2. Runway 18 -36 Lighting Rehabilitation Immokalee Regional Airport Construction Safety Plan Aviation Safety Requirements During Construction 1. GENERAL SAFETY REQUIREMENTS. Airport Authority Director, verify the cancellation of all notices issued via the NOTAM System. Throughout the construction project, the following safety and Throughout the duration of the construction project, operational practices should be observed. the contractor must— Operational safety should be a standing agenda item during progress meetings throughout the construction project. • The contractor and airport operator shall perform onsite inspections throughout the project, with immediate remedy of any deficiencies, whether caused by negligence, oversight, or project scope change. • Airport runways and taxiways remain in use by aircraft to the maximum extent possible. Aircraft use of areas near the contractor's work will be controlled to minimize disturbance to the contractor's operation. • Contractor, sub - contractor, and supplier employees or any other unauthorized persons must be restricted from entering or remaining in an airport area that would be hazardous. • Construction that is within the safety area of an active runway, taxiway, or apron that is performed under normal operational conditions must be performed when the runway, taxiway, or apron is closed or use restricted and initiated only with prior permission from the airport operator. • The contracting officer, airport operator, or other designated airport representative may order the contractor to suspend operations; move personnel, equipment, and materials to a safe location; and stand by until aircraft use is completed. 2. CONSTRUCTION MAINTENANCE AND FACILITIES MAINTENANCE. Before beginning any construction activity, the contractor must, through the Airport Authority Director, give notice (using the Notice to Airmen ( NOTAM) System) of proposed location, time, and date of commencement of construction. Upon completion of work and return of all such areas to standard conditions, the contractor must, through the CSP -1 a. Be aware of and understand the safety problems and hazards described in AC 150/5370 -2, Operations Safety on Airports During Construction. b. Conduct activities so as not to violate any safety standards contained in AC 150/5370 -2 or any of the references therein. c. Inspect all construction and storage areas as often as necessary to be aware of conditions. d. Promptly take all actions necessary to prevent or remedy and unsafe of potentially unsafe conditions as soon as they are discovered. 3. APPROACH CLEARANCE TO RUNWAYS. Runway thresholds must provide an unobstructed approach surface ratio over equipment and materials. (See table 3.1). 4. RUNWAY AND TAXIWAY SAFETY AREA (RSA and TSA). A runway must be closed/partially closed if construction activity will occur within the 200 feet of Runway centerline (see AC 150/5370 -2 for exceptions). Construction activity within the TSA/obstacle free zone is permissible when the taxiway is open to aircraft traffic if adequate wingtip clearance exists between the aircraft and equipment/material; evacuations, trenches, or other conditions are conspicuously marked and lighted; and local NOTAMs are in effect for the activity (see AC 150 - 5300 -13 for wingtip clearance requirements.) The NOTAM should state that, "personnel and equipment are working adjacent to Taxiway A." a. Procedures for protecting runway edges. • Limit construction to no closer than 200 feet (60M) from the runway centerline, unless the runway is closed or restricted to aircraft operations requiring a lesser standard RSA that is equal to the RSA available during construction. Packet Page -2275- 2/14/2012 Item 16.G.2. • Coordinate construction activity with the Airport Authority Director. • Prevent personnel, material and/or equipment, as defined in AC 15015300 -13, Paragraph -306, from penetrating the OFZ. Table 3.1 RUNWAY Airplane Aircraft Approach MINIMUM SAFETY MINIMUM UNOBSTRUCTED END Design Category AREA BEHIND APPROACH SLOPE NUMBER Group A, B, C, or D I, II, III, or IV 9 11 B 300 FEET 20: 1 to (threshold) 27 11 B 300 FEET 20: 1 to (threshold) 18 11 B 300 FEET 34: 1 to (threshold) 36 II B 300 FEET 20: 1 to (threshold) b. Runway Ends. Maintain the RSA from the runway threshold to a point at least the distance from the runway threshold as existed before construction activity, unless the runway is closed or restricted to aircraft operations requiring a RSA that is equal to the RSA width available during construction in accordance with AC 15015300 -13. (See table 3.1). • Ensure all personnel, materials, and/or equipment are clear of the applicable threshold siting criteria surface as defined in Appendix 2 "Threshold Siting Requirements," of AC 150/5300 -13 • Prevent personnel, material, and/or equipment as defined in AC 150 15300 -13, from penetrating the OFZ. c. Excavations. • Ensure adequate distance for blast protection is provided, as needed. • Coordinate construction activity with the FAA Regional Division Office, or Airport District Office, and, through the Airport Authority Director, issue an appropriate NOT.AM. Provide a drawing showing the profile of the appropriate surfaces of each runway end where construction will take place. Where operations by turbojet aircraft are anticipated, review takeoff procedures and jet blast characteristics of aircraft, and incorporate safety measures for construction workers in the contract documents. • Construction contractors must prominently mark open trenches and excavations at the construction sites with red or orange flags, as approved by the airport operator, and light them with red lights during hours of restricted visibility or darkness. • Open trenches or excavations are not permitted within 200 feet (60m) of the runway centerline and at least the existing RSA distance from the runway threshold while the runway is open. If the runway must be CSP -2 Packet Page -2276- 2/14/2012 Item 16.G.2. opened before the excavations are backfilled, cover the excavations with coverings of sufficient strength to support the weight of the heaviest aircraft operating on the runway. Table 4.1 RUNWAY Aircraft Approach Airplane RSA WIDTH IN FEET Category Design Group Divided by 2 A, B, C,orD I, II; III, or IV 9 -27 B II 75' 18 -36 B II 75' 5. MARKING AND LIGHTING FOR TEMPORARY THRESHOLDS. Marking and lighting for a temporary threshold is not required for this project. Ensure that markings for temporary threshold are clearly visible to pilots approaching the airport to land. When construction personnel and equipment are located close to any threshold, a temporary visual NAVAID, such as runway end identifier lights (REIL), shall be required (even on unlighted runways) to define the new beginning of the runway clearly. 6. CLOSED RUNWAY MARKINGS AND LIGHTING. Closed runway marking are required. Closed runway markings will be furnished by the airport owner and installed by contractor as needed. Barricades, flagging, and flashers are required and will be supplied by the contractor. 7. HAZARDOUS AREA MARKING AND LIGHTING. Hazardous areas on the movement area will be marked with barricades and flashers. These markings restrict access and make hazards obvious to aircraft, personnel, and vehicles. During periods of low visibility and at night, identify hazardous areas with yellow omnidirectional flashing lights. The hazardous area marking and lighting will be supplied by the contractor, as specified in the contract and will be depicted on the plans. CSP -3 8. TEMPORARY LIGHTING AND MARKING. Temporary Lighting and Marking is not required for this project. 9. VEHICLE OPERATION MARKING AND CONTROL. a. When any vehicle, other than one that has prior approval from the airport operator, must travel over any portion of an aircraft movement area, it shall be escorted and properly identified. To operate in those areas the vehicle must have an orange and white flag and an amber rotating beacon attached to it. b. Any construction vehicle operating over any portion of the aircraft movement area must be clearly identified with the contractor's logo and must be insured by the contractor of his subcontractor. No personal vehicles are permitted on the airfield. c. Contractor Employee parking shall be at the at Contractor's staging area. d. Access to the job site shall be via the main access gate and route as shown on the plans. 10. NAVIGATIONAL AIDS. The contractor must not conduct any construction activity within navigational aids' restricted areas without prior approval. Packet Page -2277- 11. LIMITATIONS ON CONSTRUCTION. Additional limitations on construction shall include— a. Prohibit open -flame welding or torch cutting operations unless adequate fire safety precautions are provided and these operations have been authorized by the engineer (as tailored to conform to local requirements and restrictions). b. Prominently mark open trenches, excavations, and stockpiled materials at the construction site with alternating orange and white flags and light these obstacles during hours of restricted visibility and darkness. c. Marking and lighting of closed, deceptive, and hazardous areas on airports, as appropriate. CSP -4 2/14/2012 Item 16.G.2. d. Constrain stockpiled material to prevent its movement as a result of the maximum anticipated aircraft blast and forecast wind conditions. 12. RADIO COMMUNICATIONS. The contractor must have a working two -way Unicom radio and continuously monitor the 122.90 M.H.Z. frequency to ensure construction does not interfere with airport operations. 13. DEBRIS Waste and loose material must not be placed in active movement areas. Materials tracked onto these areas must be removed continuously during the work project. Packet Page -2278- 2/14/2012 Item 16.G.2. EXHIBIT K: PERMITS Not Applicable 93 Construction Services Agreement: Revised 6/1/2011 Packet Page -2279- 2/14/2012 Item 16.G.2. EXHIBIT L: STANDARD DETAILS Not Applicable 94 Construction Services Agreement: Revised 6/112011 Packet Page -2280- 2/14/2012 Item 16.G.2. EXHIBIT M: PLANS AND SPECIFICATIONS Supporting documents found at: http: / /bid.colliergov.net/bid/ 95 Construction Services Agreement: Revised 6/1/2011 Packet Page -2281- 2/14/2012 Item 16.G.2. EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 96 Construction Services Agreement: Revised 6/1/2011 Packet Page -2282-