Backup Documents 10/12/2010 Item #14B
148 . · ~
MEMORANDUM
Date:
April 6, 2011
To:
Lyn Wood, Contract Specialist
Purchasing Department
From:
Teresa Polaski, Deputy Clerk
Minutes and Records Department
Re:
Contract #10-5498 "Marco Island Executive Airport
Construction of Taxiway and Ramp Expansion"
Contractor: DeAngelis Diamond Construction, Inc.
Attached one Original of the Contract, referenced above (Item #14B)
approved by the Board of County Commissioners on October 12,2010.
One original has been kept by the Minutes and Records Department to
be kept as part of the Boards Official Records.
If you should have any questions please contact me at 252-8411.
Thank you.
Co~ Coumy_
AdminislJBtive Services CAvision
Purchaslhg
148
Purchasing Department
3327 Tamiami Trail East
Naples. Florida 34112
Telephone: (239) 252-2667
FAX: (239) 252-6593
Email: LynWood@collieraov.net
www.collieraov. neVDurchasina
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ITEM NO.: \ \ ' V{Lt' 01 &'18-
DATE RECEIVED:
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FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
Request for Legal Services
Date:
~
i/ /1/11
To:
From:
Re:
DeAngelis Diamond Construction, Inc.
BACKGROUND OF REQUEST: ;;
This contract was approved by the BCC on October 12, 2010; Agenda Item 14.B V~
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions concerning the document.
please contact me at the telephone number or email address above. Purchasing would appreciate
notification when the documents exit your office.
C:
Robert Tweedie. Airport Authority
~~
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G/Acquisitions/AgentFormsandLetters/RiskMgmtReviewoflnsurance4/15/2Q1 0/16/09
Co~Coum,--
Administrative Services Ovision
Purchasing
Purchasing Department
3327 Tamiami Trail East
Naples. Florida 34112
Telephone: (239) 252-2667
FAX: (239) 252-6593
Email: LynWood@collieraov.net
www.collieraov. neVDurchasina
J.48
Memorandum
Subject:
Date:
Contract #10-5498 "Marco Island Executive Airport Construction of Taxiway and Ramp Expansion"
Mar~ 4/I/fI_
Lyn M. Wood. C.P.M. Procurement Strategist/~. /.~
I/.'r
Ray Carter. Risk Manager
From:
To:
This Contract was approved by the BCC on October 12,2010; Agenda Item 14.B
The County is in the process of executing this contract with DeAngelis Diamond Construction, Inc.
Please review the Insurance Certificate(s) and Performance & Payment Bonds for the referenced Contract.
. If the insurance is not in order please contact the vendorlinsurance company to obtain a proper
certificate. Once you receive the proper certificate(s). please acknowledge your approval and send to the
County Attorney's office via the attached Request for Legal Services.
. If the insurance is in order please acknowledge your approval and send to the County Attorney's office via
the attached Request for Legal Services.
If you have any questions, please contact me at the above referenced information.
ance & Payment Bonds Approved By:
~
Da~e
C: Robert Tweedie. Airport Authority
(Please route to County Attorney via attached Request for Legal Services)
G/Acquisitions/AgentFormsandLetters/RiskMgmtReviewofl nsurance4/15/201 0/16/09
14B
Co~CoumY_
Adrrinistrative Services Division
Purchasing
Marco Island Executive Airport Construction of Taxiway and Ramp Expansion
COLLIER COUNTY BID NO. 10-5498
COLLIER COUNTY, FLORIDA
Design Professional:
URS Corporation
CD
".,",,"
Purd1~~I' 3301 Tamiami Trail East. N:)ples. Florida 34112. www,coWergov.oet'purChasing
148 .'i .,~
TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
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 URS Corporation
and identified as follows: Marco Island Executive Airport
Construction of Taxiway and Ramp Expansion
as shown on Plan Sheets 1 through 43.
EXHIBIT N: Contractor's List of Key Personnel
14B
Colt,. County
~. -
Adrrinistrative Services Division
Purr;hasing
PUBLIC NOTICE
INVITATION TO BID
Marco Island Executive Airport Construction of Taxiway and Ramp Expansion
COUNTY BID NO. 10-5498
Separate sealed bids for the construction of Marco Island Executive Airport
Construction of Taxiway and Ramp Expansion, addressed to Mr. Steve Carnell,
Purchasing Director, will be received at the Collier County Government Complex, 3301
Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida
34112, until 2:30 P.M. LOCAL TIME, on the 26th day of May, 2010, 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 Purchasing Department,
Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 12th
day of May, 2010, 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, Marco Island Executive Airport Construction of Taxiway
and Ramp Expansion Bid No. 10-5498 and Bid Date of May 26,2010". No bid shall be
considered unless it is made on an unaltered Bid form which is included in the Bidding
Documents. The Bid Schedule (GC-P-1 through GC-P-15) 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.collierQov.neUbid.
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 cashiers 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 fifteen (15) 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
GC-PN-1
(Construction Services Agreement_Revised July 2009)
148
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 two hundred
seventy (270) 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 28th day of April, 2010.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Isl Stephen Y. Carnell. C.P.M.
Purchasing and General Services Director
GC-PN-2
(Construction Services Agreement_Revised Jury 2009)
14B
,1
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 GC-P-1 to GC-P-15 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 Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East. Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
GC-IB-1
148
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 Reauirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers 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, all 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 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 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) 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. Riqht 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.
GC-IB-2
14B
Section 5. Sianina 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
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, 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 sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
GC-IB-3
148
, .
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 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.
GC-IB-4
14B
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 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
Purchasing Agent 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 Certificate of Authoritv 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.orq/search.html). A copy of the document shall be submitted
GC-IB-5
148
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 permit/fee 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,
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.
GC-IB-6
14B
15.4 Notwithstanding anything in the Contract Documents to the contrary. the Bidders
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.
Section 17. Public Entitv 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."
GC-IB-7
14B
Co.... County
~,.,.-
Adrrinistrative Services Division
Purchasing
Email: scottjohnson@colliergov.net
Telephone: (239) 252-8995
FAX: (239) 252-6588
ADDENDUM 5
Memorandum
Date:
May 25. 2010
From:
Scott D. Johnson. Purchasing Agent
To:
Interested Bidders
Subject:
Addendum #5 -ITB #10-5498
"Marco Island Executive Airport Construction of Taxiway and Ramp Expansion"
The following clarifications are issued as Addendum #5 identifying the following change
(s) for the referenced bid:
1. The proposal due date has been modified: Proposals are due at 2:30PM Naples
Local Time on Wednesday, June 9th, 2010.
2. Questions will be accepted until Tuesday June 1st, 2010 until 12Noon Naples
Local Time.
If you require additional information please post a question on the eBid site or contact me
(contact information above).
c: Robert Tweedie
AddendumTemp!ate
Revised: 3/25/09
1
148
Co1tr County
~ --
Adninistrative Services Division
Purchasing
Email: scottjohnson@colliergov.net
Telephone: (239) 252-8995
FAX: (239) 252-6588
ADDENDUM
Memorandum
Date:
May 24. 2009
From:
Scott D. Johnson. Purchasing Agent
To:
I nterested Bidders
Subject:
Addendum #4 - ITB #10-5498
"Marco Island Executive Airport Construction of Taxiway and Ramp Expansion"
The following clarifications are issued as Addendum #4 identifying the following change
(s) for the referenced bid:
. Add Exhibit "0" as clarified
If you require additional information please post a question on the eBid site or contact me
(contact information above).
c: Robert Tweedie
AddendumTemplate
Revised: 3/25/09
1
9/30/2009
AC 150/5370~0~ B Ifa
EXHIBIT "0"
Be advised that this Exhibit 0 represents the known project conditions for Bid # 10-5498 at the time of issuance.
Subsequent modifications to this Exhibit 0 may be made by mutual agreement between grantor agency and Collier
County.
PART 1- GENERAL PROVISIONS
SECTION 10
DEFINITION OF TERMS
Whenever the following terms are used in these specifications, in the contract, or in any documents or other
instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted
as follows:
10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor
association to AASHO.
10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed thereon connecting the
airport to a public highway.
10-03 ADVERTISEMENT. A public announcement. as required by local law, inviting bids for work to be
performed and materials to be furnished.
10-04 AlP. The Airport Improvement Program, a grant-in-aid program, administered by the Federal Aviation
Administration.
10-05 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. An
air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed
movement of aircraft in addition to its associated runway, taxiway, or apron.
10-06 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and
takeoff of aircraft; an appurtenant area used or intended to be used for airport buildings or other airport facilities or
rights of way; and airport buildings and facilities located in any of these areas, and includes a heliport.
10-07 ASTM. The American Society for Testing and Materials.
1 0-08 AWARD. The acceptance, by the Owner, of the successful bidder's proposal.
10-09 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized
representative, who submits a proposal for the work contemplated.
10-10 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.
10-11 CALENDAR DAY. Every day shown on the calendar.
10-12 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.
10-13 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.
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10-14 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the contract.
10-15 CONTRACT TIME. The number of calendar days or working days, stated in the proposal, allowed for
completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the
proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date.
10-16 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.
10-17 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters
are collected and conducted from the airport area.
10-18 ENGINEER. The individual, partnership, firm, or corporation duly authorized by the Owner to be
responsible for engineering inspection of the contract work and acting directly or through an authorized
representative.
10-19 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.
10-20 EXTRA WORK OR "ADDITIONAL WORK". An item of work not provided for in the awarded contract
as previously modified by change order, but which is found by the Engineer to be necessary to complete the work
within the intended scope of the contract as previously modified.
10-21 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to
designate a person, FAA shall mean the Administrator or his/her duly authorized representative.
10-22 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, Commercial Item Descriptions,
and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration
of the Federal Government.
10-23 FORCE ACCOUNT. Force account construction work is construction that is accomplished through the use
of material, equipment, labor, and supervision provided by the Owner or by another public agency pursuant to an
agreement with the Owner.
10-24 INSPECTOR. An authorized representative of the Engineer assigned to make all necessary inspections
andlor tests of the work performed or being performed, or of the materials furnished or being furnished by the
Contractor.
10-25 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the words "directed,"
"required," "permitted," "ordered," "designated," "prescribed," or words of like import are used, it shall be
understood that the direction, requirement, permission, order, designation, or prescription of the Engineer 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.
10-26 LABORATORY. The official testing laboratories of the Owner or such other laboratories as may be
designated by the Engineer.
10-27 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
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eVlCes use on or near t e airport or to at In t e operatIOn 0 aIICra t an mg at, ng 0 om, or taxnng on t e
airport surface.
10-28 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.
10-29 MATERIALS. Any substance specified for use in the construction of the contract work.
10-30 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.
10-31 OWNER. The term "Owner" shall mean the party of the first part or the contracting agency signatory to the
contract. For ATP contracts, the term "sponsor" shall have the same meaning as the term "Owner." Where the term
"Owner" is capitalized in this document, it shall mean airport owner or sponsor only.
10-32 PAVEMENT. The combined surface course, base course, and subbase course, if any, considered as a single
unit.
10-33 PAYMENT BOND. The approved form of security furnished by the Contractor and hislher 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,
10-34 PERFORMANCE BOND, The approved form of security furnished by the Contractor and his/her surety as
a guaranty that the Contractor will complete the work in accordance with the terms of the contract.
10-35 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.
10-36 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a
particular airport.
10-37 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.
10-38 PROPOSAL GUARANTY OR "BID BOND". The security furnished with a proposal to guarantee that the
bidder will enter into a contract if his/her proposal is accepted by the Owner.
10-39 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft.
10-40 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.
10-41 SPONSOR See definition above of "Owner."
10-42 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.
10-43 SUBGRADK The soil that forms the pavement foundation.
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10-44 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.
10-46 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or
performance bonds that are furnished to the Owner by the Contractor.
10-47 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.
10-48 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.
10-49 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. When work is suspended for causes beyond the Contractor's control, Saturdays, Sundays
and holidays on which the Contractor's forces engage in regular work, requiring the presence of an inspector, will be
considered as working days.
END OF SECTION 10
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SECTION 20
PROPOSAL REQUIREMENTS AND CONDITIONS
20-01 ADVERTISEMENT (Notice to Bidders). The Owner, or hislher authorized agent, shall publish the
advertisement at such places and at such times as are required by local law or ordinances.
20-02 PREQUALlFICA TION OF BIDDERS. Not applicable to this solicitation
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
requiremenl<; of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder
has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to
the requirements of the proposed contract, plans, and specifications.
Boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is
understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise
made available to the bidder, was obtained and is intended for the Owner's design and estimating purposes only.
Such information has been made available for the convenience of all bidders. It is further understood and agreed
that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain
from his/her examination of the boring logs and other records of subsurface investigations and tests that are
furnished by the Owner.
20-07 PREPARATION OF PROPOSAL. The bidder shall submit hislher proposal on the forms furnished by the
Owner. All blank spaces in the proposal fonns must be correctly filled in where indicated for each and every item
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for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals
for which he proposes to do each pay item furnished in the proposal. In case of conflict between words and
numerals, the words, unless obviously incorrect, shall govern.
The bidder shall sign his/her proposal correctly and in ink unless submitted electronically. If the proposal is made
by an individual, his/her name and post office address must be shown. If made by a partnership, the name and post
office address of each member of the partnership must be shown. If made by a corporation, the person signing the
proposal shall give the name of the state under the laws of which the corporation was chartered and the name, titles,
and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file
evidence of his/her authority to do so and that the signature is binding upon the firm or corporation.
20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following reasons:
a. If the proposal is on a form other than that furnished by the Owner, or if the Owner's form is altered, or if
any part of the proposal form is detached.
b. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind that 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 BID GUARANTEE. Each separate proposal shall be accompanied by a certified check, or other specified
acceptable collateral, in the amount specified in the proposal form. Such check, or collateral, shall be made payable
to the Owner.
20-10 DELIVERY OF PROPOSAL. (fproposal is not submitted electronically, 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.
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:
3. Submitting more than one proposal from the same partnership, firm, or corporation under the same or
different name.
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b. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders
for any future work of the Owner until any such participating bidder has been reinstated by the Owner as a qualified
bidder.
c. If the bidder is considered to be in "default" for any reason specified in the subsection titled ISSUANCE OF
PROPOSAL FORMS of this section.
END OF SECTION 20
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SECTION 30
AWARD AND EXECUTION OF CONTRACT
30-01 CONSlDERA nON OF PROPOSALS. After the proposals are puhlicly 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.
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.
A ward of the contract shall be made by the Owner to the lowest, responsive, qualified bidder whose proposal
conforms to the cited requirements of the Owner.
30-03 CANCELLATION OF AWARD. The Ownerreserves 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. Proposal guaranties of the bidders will be retained by the
Owner until such time as an award is made, at which time, the unsuccessful bidders' proposal guaranty will be
returned. The successful bidder's proposal guaranty will be returned as soon as the Owner receives the contracts
bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section.
30-05 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the contract, the successful
bidder shall furnish the Owner a surety bond or bonds that have been fully executed by the bidder and the surety
guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the
Contractor's performance of the work. The surety and the form of the bond or bonds shall be acceptable to the
Owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full
amount of the contract.
30-06 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the necessary agreements for
entering into the contract and return such signed contract to the owner, along with the fully executed surety bond or
bonds specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section, within 15
calendar days from the date mailed or otherwise delivered to the successful bidder. If the contract is mailed, special
handling is recommended.
30-07 APPROVAL OF CONTRACT. Upon receipt of the contract and contract bond or bonds that have been
executed by the successful bidder, the Owner shall complete the execution of the contract in accordance with local
laws or ordinances, and return the fully executed contract to the Contractor. Delivery of the fully executed contract
to the Contractor shall constitute the Owner's approval to be bound by the successful bidder's proposal and the terms
of the contract.
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30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the contract and
furnish an acceptable surety bond or bonds within the 15 calendar day period specified in the subsection titled
REQUIREMENTS OF CONTRACT BONDS of this section shall be just cause for cancellation of the award and
forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the Owner.
END OF SECTION 30
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SECTION 40
SCOPE OF WORK
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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. These alterations that are for work within the general scope of the contract shall be covered by
"Change Orders" issued by the Project Manager. Change orders for altered work shall include extensions of
contract time where, in the Engineerts opinion, such extensions are commensurate with the amount and difficulty of
added work.
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 Change Order. 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 shaH be caHed "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 shaH contain agreed unit
prices for performing the change order work in accordance with the requirements specified in the order, and shall
contain any adjustment to the contract time that, in the Engineer's opinion, is necessary for completion of such Extra
Work.
When determined by the Owner 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 shaH be covered by a Change Order.
Any claim for payment of Extra Work that is not covered by written agreement (change order) shaH be rejected by
the Owner.
40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety of aircraft, as
well as the Contractor's equipment and personnel, is the most important consideration. It is understood and agreed
that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the
airport with respect to his/her own operations and the operations of all his/her subcontractors as specified in the
subsection titled LIMITATION OF OPERATIONS of Section 80. [t is further understood and agreed that the
Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies
thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection
titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in
Section 70.
With respect to his/her own operations and the operations of all his/her subcontractors, the Contractor shall provide
marking, lighting, and other acceptable means of identifying: personnel; equipment; vehicles; storage areas; and anya
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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,
flagperson, and other traffic control devices in reasonable conformity with the manual of Uniform Traffic Control
Devices for Streets and Highways (published by the United States Government Printing Office), unless otherwise
specified herein. The Contractor shall also construct and maintain in a safe condition any temporary connections
necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless
otherwise specified herein, the Contractor will not be required to furnish snow removal for such existing road, street,
or highway.
The Contractor shall make his/her own estimate of all labor, materials, equipment, and incidentals necessary for
providing the maintenance of aircraft and vehicular traffic as specified in this subsection.
The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be measured or paid
for directly, but shall be included in the various contract items.
40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within the established
lines, grades, or grading sections shall be removed by the Contractor. unless such existing structures are otherwise
specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in
place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included
in the various contract items.
Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition
is not indicated on the plans, the Engineer shall be notified prior to disturbing such structure. The disposition of
existing structures so encountered shall be immediately determined by the Engineer in accordance with the
provisions of the contract.
Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of
this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades,
or grading sections established for completion of the work) shall be utilized in the work as otherwise provided for in
the contract and shall remain the property of the Owner when so utilized in the work.
40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter
any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines,
grades, or grading sections, the use of which is intended by the terms of the contract to be either embankment or
waste, he may at his/her option either:
3. 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 Owner; or
c. Use such material for his/her own temporary construction on site; or,
d. Use such material as intended by the terms of the contract.
Should the Contractor wish to exercise option a., b., or c., he shall request the Owner's approval in advance of such
use.
Should the Owner approve the Contractor's request to exercise option a., b., or c., the Contractor shall be paid for the
excavation or removal of such material at the applicable contract price. The Contractor shall replace, at his/her own
expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in
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constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete
the contract work. The Contractor shall not be charged for his/her use of such material so used in the work or
removed from the site.
Should the Owner approve the Contractor's exercise of option a., the Contractor shan 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 hislher exercise of option
3., 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.
40-09 FINAL CLEANING UP. Upon completion of the work and before acceptance and final payment will be
made, the Contractor shan remove from the site all machinery, equipment, swplus and discarded materials, rubbish,
temporary structures, and stumps or portions of trees. He shan cut all brush and woods within the limits indicated
and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent
property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the
written pennission of such property owner.
END OF SECTION 40
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SECTION 50
CONTROL OF WORK
50-01 AUTHORITY OF THE ENGINEER. The Engineer and the County Project Manager 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. The Engineer and the County Project Manager shall
decide all questions that may arise as to the interpretation of the specifications or plans relating to the work. The
Engineer and the County Project Manager shall determine the amount and quality of the several kinds of work
performed and materials furnished which are to be paid for the under contract.
The Engineer does not have the authority to accept pavements that do not conform to FAA specification
requirements.
50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be
in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material
requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans or
specifications.
If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close
conformity with the plans and specifications but that the portion of the work affected will, in hislher opinion, result
in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, he
will advise the Owner of his/her determination that the affected work be accepted and remain in place. In this event,
the Engineer will document his/her determination and recommend to the Owner a basis of acceptance that 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 test..'i or retests
of the affected work as are, in his/her opinion, needed. Changes in the contract price shall be covered by contract
modifications 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 and County Project Manager'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 responsibility to insist on strict compliance with the requirements of
the contract, plans, and specifications during the Contractor's prosecution of the work, when, in the Engineer's
opinion, such compliance is essential to provide an acceptable finished portion of the work.
For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Engineer
with the authority, after consultation with the FAA, to use good engineering judgment in his/her determinations as to
acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that
intended by the requirements of the contract, plans and specifications.
The Engineer will not be responsible tor the Contractor's means, methods, techniques, sequences, or procedures of
construction or the safety precautions incident thereto.
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
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testing and cited FAA advisory circulars. If any paragraphs contained in the Special Provisions conflict with
General Provisions or Technical Specifications, the Special Provisions shall govern.
The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the
event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for
his/her interpretation and decision, and such decision shall be final.
50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with five copies each of the plans
and specifications. He shall have available on the work at all times one copy each of the plans and specifications.
Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction.
The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with
the Engineer and his/her inspectors and with other contractors in every way possible. The Contractor shall have a
competent superintendent on the work at all times who is fully authorized as his/her agent on the work. The
superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall
receive and fulfill instructions from the Engineer or hislher 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 anyone project, each Contractor shall conduct his/her work so as
not to interfere with or hinder the progress of completion of the work being performed by other Contractors.
Contractors working on the same project shall cooperate with each other as directed.
Each Contractor involved shall assume all liability, financial or otherwise, in connection with his/her contract and
shall protect and save hannless the Owner from any and all damages or claims that may arise because of
inconvenience, delays, or loss experienced by him because of the presence and operations of other Contractors
working within the limits of the same project.
The Contractor shall arrange his/her work and shall place and dispose of the materials being used so as not to
interfere with the operations of the other Contractors within the limits of the same project. He shall join his/her
work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others.
50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish horizontal and vertical control
only. The Contractor must establish all layout required for the construction of the work. Such stakes and markings
as the Engineer may set for either his/her own or the Contractor's guidance shall be preserved by the Contractor. In
case of negligence on the part of the Contractor, or his/her employees, resulting in the destruction of such stakes or
markings, an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the
Contractor at the discretion of the Engineer.
The Contractor will be required to furnish all lines, grades and measurements from the control points necessary for
the proper prosecution and control of the work contracted for under these specifications.
The Contractor must give weekly copies of the survey notes to the Engineer so that the Engineer may check them as
to accuracy and method of staking. All areas that are staked by the Contractor must be checked by the Engineer
prior to beginning any work in the area. The Engineer will make periodic checks of the grades and alignment set by
the Contractor. In case of error on the part of the Contractor, or his/her employees, resulting in establishing grades
and/or alignment that are not in accordance with the plans or established by the Engineer, all construction not in
accordance with the established grades and/or alignment shall be replaced without additional cost to the Owner.
No direct payment will be made, unless otherwise specified in contract documents, for this labor, materials, or other
expenses therewith. The cost thereof shall be included in the price of the bid for the various items of the Contract.
Construction Staking and Layout includes but is not limited to:
Clearing and Grubbing perimeter staking.
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Rough Grade slope stakes at 100-foot stations.
Drainage Swales slope stakes and flow line blue tops at 50-foot stations.
Subgrade blue tops at 25 foot stations and 25 foot offset distance (max.) for the following section locations:
a. Runway - minimum 5 per station
b. Taxiways - minimum 3 per station
c. Holding apron areas - minimum 3 per station
d. Roadways - minimum 3 per station
Base Course blue tops at 25 foot stations and 25 foot offset distance (max.) for the following section locations:
a. Runway -- minimum 5 per station
b. Taxiways - minimum 3 per station
c. Holding apron areas - minimum 3 per station
Pavement areas:
a. Edge of Pavement hubs and tacks (for stringline by Contractor) at 100 toot statious
b. Between Lifts at 25 foot stations for the following section locations:
(1). Runways - each paving lane width
(2). Taxiways - each paving lane width
(3). Holding areas - each paving lane width
c. After finish paving operations at 50 foot stations
(I). All paved areas - Edge of each paving lane prior to next paving lot
d. Shoulder and safety area blue tops at 50 foot stations and at all break points with maximum of 50
foot offsets
Fence lines at 100 foot stations
Electrical and Conununications System locations, lines and grades including but not limited to duct runs,
connections, fixtures, signs, lights, V ASI's, PAPI's, REIL's, Wind Cones, Distance Markers (signs), pull
boxes and manholes.
Drain lines, cut stakes and alignment on 25-foot stations, inlet and manholes.
Painting and Striping layout (pinned with 1.5 inch PK nails) marked for paint Contractor. (All nails shall be
removed after painting)
Laser, or other automatic control devices, shall be checked with temporary control point or grade hub at a
minimum of once per 400 feet per pass (i.e. paving lane).
NOTE: Controls and stakes disturbed or suspect of having been disturbed shall be checked and/or reset as directed
by the Engineer without additional cost to the Owner.
50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is
required to be operated automatically under the contract and a breakdown or malfunction of the automatic controls
occurs, the equipment may be operated manually or by other methods for a period 48 hours following the
breakdown or malfunction, provided this method of operations will produce results which conform to all other
requirements of the contract.
50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the Owner shall be authorized
to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to
the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke,
alter, or waive any provision of the contract. Inspectors are not authorized to issue instructions contrary to the plans
and specifications or to act as foreman for the Contractor.
Inspectors employed by the Owner are authorized to notify the Contractor or his/her representatives of any failure of
the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such
nonconforming materials in question until such issues can be referred to the Engineer for his/her decision.
50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work shall be subject to
inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished
with such information and assistance by the Contractor as is required to make a complete and detailed inspection.
If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such
portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the
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work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable,
the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for
as extra work; but should the work so exposed or examined 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 \\'riting that the work was to be performed.
Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the
property of the (contract) Owner, authorized representatives of the owners of such facilities shall have the right to
inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no
way interfere with the rights of the parties to this contract.
50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work that does not conform
to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise
determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND
SPECIFICATIONS of this section.
Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through
carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed
immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled
CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70.
No removal work made under provision of this subsection shall be done without lines and grades having been given
by the Engineer. Work done contrary to the instructions of the Engineer or the County Project Manager, work done
beyond the lines shown on the plans or as given, except as herein specified, or any extra work done without
authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so
done may be ordered removed or replaced at the Contractor's expense.
Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer or County Project
Manager made under the provisions of this suhsection, the Engineer or County Project Manager will have authority
to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to
deduct the costs (incurred by the Owner) from any monies due or to become due the Contractor.
50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of
materials on public roads heyond the limits of the work. A special permit will not relieve the Contractor of liability
for damage that may result from the moving of material or equipment.
The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of
construction will not be permitted. Hauling of materials over the base course or surface course under construction
shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the
expiration of the curing period. The Contractor shall be responsible for all damage done by his/her hauling
equipment and shall correct such damage at his/her own expense.
50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during
construction and until the work is accepted. This maintenance shall constitute continuous and effective work
prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition
at all times.
In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor
shall maintain the previous course or subgrade during all construction operations.
All costs of maintenance work during construction and before the project is accepted shall be included in the unit
prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work.
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50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as
provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall
immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within
which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified
will give due consideration to the exigency that exists.
Should the Contractor fail to respond to the Engineer's notification, the Owner may suspend any work necessary for
the Owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any
maintenance cost incurred by the Owner, shall be deducted from monies due or to become due the Contractor.
50-14 PARTIAL ACCEPTANCE. Ifat any time during the prosecution of the project the Contractor substantially
completes a usable unit or portion of the work, the occupancy of which will benefit the Owner, he may request the
Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been
satisfactorily completed in compliance with the contract, he may accept it as being completed, and the Contractor
may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the
Owner shall not void or alter any provision of the contract.
50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire
project, the Engineer and Owner will make an inspection. If all construction provided for and contemplated by the
contract is found to be completed in accordance with the contract, plans, and specifications, such inspection shall
constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date
of the final inspection.
If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give
the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with
and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute
the final inspection, provided the work has been satisfactorily completed. In such event, the Engineer will make the
final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection.
50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional
compensation is due him for work or materials not clearly provided for in the contract, plans, or specifications or
previously authorized as extra work, he shall notify the Engineer in writing of his/her intention to claim such
additional compensation before he begins the work on which he bases the claim. If such notification is not given or
the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as
required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by
the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be
construed as proving or substantiating the validity of the claim. When the work on which the c1sim for additional
compensation is based has been completed, the Contractor shall, within 10 calendar days, submit his/her written
claim to the Engineer who will present it to the Owner for consideration in accordance with local laws or
ordinances.
Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on
differences in measurements or computations.
50-17 COST REDUCTION. The provisions of this subsection may not apply to this solicitation.
On projects with original contract amounts in excess of $100,000, the Contractor may submit to the Engineer, in
writing, proposals for modifying the plans, specifications or other requirements of the contract for the sole purpose
of reducing the cost of construction. The cost reduction proposal shall not impair, in any manner, the essential
functions or characteristics of the project, including but not limited to service life, economy of operation, ease of
maintenance, desired appearance, design and safety standards. This provision shall not apply unless the proposal
submitted is specifically identified by the Contractor as being presented for consideration as a value engineering
proposal.
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Not eligible for cost reduction proposals are changes in the basic design of a pavement type, runway and taxiway
lighting, visual aids, hydraulic capacity of drainage facilities, or changes in grade or alignment that reduce the
geometric standards of the project.
As a minimum, the following information shall be submitted by the Contractor with each proposal:
a. A description of both existing contract requirements for performing the work and the proposed changes. with
a discussion of the comparative advantages and disadvantages of each;
b. An itemization of the contract requirements that must be changed if the proposal is adopted;
c. A detailed estimate of the cost of performing the work under the existing contract and under the proposed
changes;
d. A statement of the time by which a change order adopting the proposal must be issued;
e. A statement of the effect adoption of the proposal will have on the time for completion of the contract; and
f. The contract items of work affected by the proposed changes, including any quantity variation attributable to
them.
The Contractor may withdraw, in whole or in part, any cost reduction proposal not accepted by the Engineer, within
the period specified in the proposal. The provisions of this subsection shall not be construed to require the Engineer
to consider any cost reduction proposal that may be submitted.
The Contractor shall continue to perform the work in accordance with the requirements of the contract until a
change order incorporating the cost reduction proposal has been issued. If a change order has not been issued by the
date upon which the Contractor's cost reduction proposal specifies that a decision should be made, or such other date
as the Contractor may subsequently have requested in writing, such cost reduction proposal shall be deemed
rejected.
The Engineer shall be the sole judge of the acceptability of a cost reduction proposal and of the estimated net
savings from the adoption of all or any part of such proposal. In determining the estimated net savings, the Engineer
may disregard the contract bid prices if, in the Engineer's judgment such prices do not represent a fair measure of the
value of the work to be performed or deleted.
The Owner may require the Contractor to share in the Owner's costs of investigating a cost reduction proposal
submitted by the Contractor as a condition of considering such proposal. Where such a condition is imposed, the
Contractor shall acknowledge acceptance of it in writing. Such acceptance shall constitute full authority for the
Owner to deduct the cost of investigating a cost reduction proposal from amounts payable to the Contractor under
the contract.
If the Contractor's cost reduction proposal is accepted in whole or in part, such acceptance will be by a contract
change order that shall specifically state that it is executed pursuant to this subsection. Such change order shall
incorporate the changes in the plans and specifications which are necessary to permit the cost reduction proposal or
such part of it as has been accepted and shall include any conditions upon which the Engineer's approval is based.
The change order shall also set forth the estimated net savings attributable to the cost reduction proposal. The net
savings shall be determined as the difference in costs between the original contract costs for the involved work items
and the costs occurring as a result of the proposed change. The change order shall also establish the net savings
agreed upon.
Acceptance of the cost-reduction proposal and performance of the cost-reduction work shall not extend the time of
completion of the contract unless specifically provided for in the contract change order.
END OF SECTION 50
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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 fumish complete statements to the
Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements
shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials.
At the Engineer's option, materials may be approved at the source of supply before delivery is stated. If it is found
after trial that sources of supply for previously approved materials do not produce specified products, the Contractor
shall furnish materials from other sources.
The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited materials
specifications. In addition, where an FAA specification for airport lighting equipment is cited in the plans or
specifications, the Contractor shall furnish such equipment that is:
a. Listed in FAA Advisory Circular (AC) 150/5345-53, Airport Lighting Equipment Certification Program, that
is in effect on the date of advertisement; and,
b. Produced by the manufacturer qualified (by FAA) to produce such specified and listed equipment.
The following airport lighting equipment is required for this contract and is to be furnished by the Contractor in
accordance with the requirements of this subsection:
EQUIPMENT NAME
CITED FAA SPECIFICATIONS
EFFECTIVE FAA AC OR APPROVAL LETTER FOR EQUIPMENT AND
MANUFACTURER
60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. Unless otherwise designated, 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 ASTM, AASHTO, Federal Specifications, Commercial Item Descriptions, and all other
cited methods, which are current on the date of advertisement for bids. will be made by and at the expense of the
Engineer. The testing organizations performing on site field tests shall have copies of all referenced standards on
the construction site for use by all technicians and other persOIUlel, including the Contractor's representative at
his/her request. Unless otherwise designated, samples will be taken by a qualified representative of the Engineer.
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 rus/her request.
The Contractor shall employ a testing organization to perform all Contractor required tests. The Contractor shall
submit to the Engineer resumes on all testing organizations and individual persons who will be performing the tests.
The Engineer will determine if such persons are qualified. All the test data shall be reported to the Engineer after
the results are known. A legible, handwritten copy of all test data shall be given to the Engineer daily, along with
printed reports, in an approved format, on a weekly basis. After completion of the project, and prior to final
payment, the Contractor shall submit a final report to the Engineer showing all test data reports, plus an analysis of
all results showing ranges, averages, and corrective action taken on all failing tests.
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60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to sampling and lti~ B
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,'t the Contractor shall be required to furnish the manufacturer's certificate of compliance for
each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify
each lot delivered and shall certify as to:
a. Conformance to the specified performance, testing, quality or dimensional requirements; and,
b. Suitability of the material or assembly for the use intended in the contract work.
Should the Contractor propose to furnish an "or equal" material or assembly, he shall furnish the manufacturer's
certificates of compliance as hereinbefore described for the specified brand name material or assembly. However,
the Engineer shall be the sole judge as to whether the proposed" or equal" is suitable for use in the work.
The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of
compliance.
60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect, at its source, any
specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for
the purpose of determining compliance with specified manufacturing methods or materials to be used in the work
and to obtain samples required for his/her acceptance of the material or assembly.
Should the Engineer conduct plant inspections, the following conditions shall exist:
3. 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 that 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 ENGINEER'S FIELD OFFICE. Not Applicable to this solicitation
60-06 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
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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
hislher entire expense, except as otherwise agreed to (in writing) by the O\\mCf or lessee of the property.
60-07 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.
60-08 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-fumished 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 that may occur during the Contractorts 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 Contractor1s handling, storage, or
use of Owner-furnished materials.
END OF SECTION 60
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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/her officers, agents, or servants against any claim
or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether
by himself or his/her employees.
70-02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and licenses, pay all
charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work.
70-03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the Contractor is required or desires to
use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use
by suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save
harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of
the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify
the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any
time during the prosecution or after the completion of the work.
70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The Owner reserves the right to
authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National
Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any
time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been
coordinated with the Owner, such authorized work (by others) is indicated as follows:
Owner (Utility or Other Facility)
Location (See Plan Sheet No.)
Person to Contact (Name, Title, Address and Phone)
Except as listed above, the Contractor shall not permit any individual, finn, or corporation to excavate or otherwise
disturb such utility services or facilities located within the limits of the work without the written permission of the
Engineer.
Should the owner of public or private utility service, FAA, or NOAA facility, or a utility service of another
government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the
progress of the work, the Contractor shall cooperate with such owners by arranging and performing the work in this
contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by
others is listed above. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs
to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or
specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages
due to such authorized work by others or for any delay to the work resulting from such authorized work.
70-05 FEDERAL AID PARTICIPATION. For AlP contracts, the United States Government has agreed to
reimburse the Owner for some portion of the contract costs. Such reimbursement is made from time to time upon
the Owner's request to the FAA. In consideration of the United States Government's (FAA's) agreement with the
Owner, the Owner has included provisions in this contract pursuant to the requirements of Title 49 of the United
States Code (USC) and the Rules and Regulations of the FAA that pertain to the work.
As required by the USC, the contract work is subject to the inspection and approval of duly authorized
representatives of the Administrator, FAA, and is further subject to those provisions of the rules and regulations that
are cited in the contract, plans, or specifications.
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No requirement of the USC, the rules and regulations implementing the USC, or this contract shall be construed as
making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with the
rights of either party to the contract.
70-06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a
neat, sanitary condition such accommodations for the use of his/her employees as may be necessary to comply with
the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction.
Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health
standards. The Contractor shall not require any worker to work in surroundings or under conditions that are
unsanitary, hazardous, or dangerous to his/her health or safety.
70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her operations and those of
hislher subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all
circumstances, safety shall be the most important consideration.
The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to
his/her own operations and those of his/her subcontractors and all suppliers in accordance with the subsection titled
MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the
convenience and safety of the traveling public as specified in the subsection titled LIMITATION OF OPERATIONS
of Section 80 hereinafter.
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. Unless otherwise specified, barricades, warning signs, and markings for hazards that are in the air
operations area shall be a maximum of 18 inches high. Unless otherwise specified, barricades shall be spaced not
more than 25 feet apart. Barricades, warning signs, and markings shall be paid for under Section 40-05.
For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs,
lights and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control
Devices for Streets and Highways (published by the United States Government Printing Office).
When the work requires closing an air operations area of the airport or portion of such area, the Contractor shall
furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC
150/5340-1, Standards for Airport Markings.
The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations,
temporary stock piles, and his/her parked construction equipment that may be hazardous to the operation of
emergency fire-rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2,
Operational Safety on Airports During Construction.
The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance
to AC 15015370-2.
The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing
work that 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 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.
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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 leet (300 m) from the work or from any building, road, or other
place of human occupancy.
The Contractor shall notify each property owner and public utility company having structures or facilities in
proximity to the site of the work of his/her intention to use explosives. Such notice shall be given sufficiently in
advance to enable them to take such steps as they may deem necessary to protect their property from injury.
The use of electrical blasting caps shall not be permitted on or within] ,000 feet (300 m) of the airport property.
70-10 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be
responsible for the preservation of all public and private property, and shall protect carefully from disturbance or
damage all land monuments and property markers until the Engineer has witnessed or otherwise referenced their
location and shall not move them until directed.
The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of
the work, resulting from any act, omission, neglect, or misconduct in his/her manner or method of executing the
work, or at any time due to defective work or materials, and said responsibility will not be released until the project
shall have been completed and accepted.
When or where any direct or indirect damage or injury is done to public or private property by or on account of any
act, omission, neglect, or misconduct in the execution of the work, or in consequence of the nonexecution thereof by
the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing
before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or he shall make
good such damage or injury in an acceptable manner.
70-11 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 "Workmen's Compensation Act," or any
other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his/her contract as may be
considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money
is due, his/her surety may be held until such suit(s), action(s), or c1aim(s) for injuries or damages as aforesaid shall
have been settled and suitable evidence to that eflect lurnished 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.
70-12 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 provlsions of the contract.
70-13 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to
complete portions of the contract work for the beneficial occupancy of the Owner prior to completion of the entire
contract, such "phasing" of the work shall be specified herein and indicated on the plans. When so specified, the
Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. The
Contractor shall make his/her own estimate of the difficulties involved in arranging his/her work to permit such
beneficial occupancy by the Owner as described below:
Phase or Description
Required Date or Sequence of Owner's Beneficial Occupancy
Work Shown on Plan Sheet
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See appendix A of ACI5015370-2e, Operational Safety on Airports Dnring Construction.
Upon completion of any portion of the work listed above, such portion shall be accepted by the Owner in
accordance with the subsection titled P ARTlAL 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 trafnc. Temporary or intermittent openings are considered to be inherent in the work and
shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the
contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by
the Owner shall be repaired by the Contractor at his/her expense.
The Contractor shall make his/her own estimate of the inherent difficulties involved in completing the work under
the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due
to opening a portion of the contract work
Contractor shall be required to conform to safety standards contained AC 15015370-2, Operational Safety on
Airports During Construction (See Special Provisions.)
Contractor shall refer to the approved safety plan to identify barricade requirements and other safety requirements
prior to opening up sections of work to traffic.
70-14 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final written acceptance of the
entire completed work, excepting only those portions of the work accepted in accordance with the subsection titled
PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every
precaution against injury or damage to any part due to the action of the elements or from any other cause, whether
arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, and
make good all injuries or damages to any portion of the work occasioned by any of the above causes before final
acceptance and shall bear the expense 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 hislher 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 soddings furnished under hislher contract, and shall take
adequate precautions to protect new tree growth and other important vegetative growth against injury.
70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS.
As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section,
the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility
service of another government agency that may be authorized by the o\VUer to construct, reconstruct or maintain
such utility services or facilities during the progress of the work. In addition, the Contractor shall control his/her
operations to prevent the unscheduled interruption of such utility services and facilities.
To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another
governmental agency are known to exist within the limits of the contract work, the approximate locations have been
indicated on the plans and the owners are indicated as follows:
Utility Service or Facility:
Person to Contract
Owner's Emergency Contact:
COLLIER COUNTY AIRPORT AUTHORITY
Robert Tweedie - Airport Manager
(239) 642-7878
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It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location
information relating to existing utility services, facilities, or structures that may be shown on the plans or
encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of his/her
responsibility to protect such existing features from damage or unscheduled interruption of service.
It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the owners of all
utility services or other facilities of hislher 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 SURF ACES DISTURBED BY OTHERS of this section. A copy of each notification shall be
given to the Engineer.
In addition to the general written notification hereinbefore provided, it shall be the responsibility of the Contractor to
keep such individual owners advised of changes in his/her plan of operations that would affect such owners.
Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall
again notify each such owner of his/her plan of operation. If, in the Contractor's opinion, the owner's assistance is
needed to locate the utility service or facility or the presence of a representative of the owner is desirable to observe
the work, such advice should be included in the notification. Such notification shall be given by the most
expeditious means to reach the utility owner's PERSON TO CONTACT no later 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 Owner to suspend
the Contractor's operations in the general vicinity of a utility service or facility.
Where the outside limits of an underground utility service have been located and staked on the ground, the
Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet (90 em) of such
outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations.
Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he
shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent
further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or
facility owner and the Engineer continuously until such damage has been repaired and service restored to the
satisfaction of the utility or facility owner.
The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to
his/her operations whether or not due to negligence or accident. The Owner reserves the right to deduct such costs
from any monies due or which may become due the Contractor, or his/her surety.
70-15.1 FAA FACILITIES AND CABLE RUNS. The Contractor is hereby advised that the construction limits of
the project include existing facilities and buried cable runs that are owned, operated and maintained by the FAA.
The Contractor, during the prosecution of the project work, shall comply with the following:
a. The Contractor shall permit FAA maintenance personnel the right of access to the project work site for
purposes of inspecting and maintaining all existing FAA owned facilities.
b. The Contractor shall notify the above named FAA Airway Facilities Point-of-Contact seven (7) calendar
days prior to commencement of construction activities in order to permit sufficient time to locate and mark existing
buried cables and to schedule any required facility outages.
c. If prosecution of the project work requires a facility outage, the Contractor shall contact the above named
FAA Point-of-Contact a minimum of 48 hours prior to the time of the required outage.
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d. If prosecution of the project work results in damages to existing FAA equipment or cables, the Contractor
shall repair the damaged item in conformance with FAA Airway Facilities' standards to the satisfaction of the above
named FAA Point-of-Contact.
e. If the project work requires the cutting or splicing ofF AA owned cables, the above named FAA Point-of-
Contact shall be contacted a minimum of 48 hours prior to the time the cable work commences. The FAA reserves
the right to have a FAA Airway Facilities representative on site to observe the splicing of the cables as a condition
of acceptance. All cable splices are to be accomplished in accordance with FAA Airway Facilities' specifications
and require approval by the above named FAA Point-of-Contact as a condition of acceptance by the Owner. The
Contractor is hereby advised that FAA Airway Facilities restricts the location of where splices may be installed. If a
cable splice is required in a location that is not permitted by FAA Airway Facilities, the Contractor shall furnish and
install a sufficient length of new cable that eliminates the need for any splice.
70-16 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.
70-17 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract provisions or in
exercising any power or authority granted to him by this contract, there shall be no liability upon the Engineer,
his/her authorized representatives, or any officials of the Owner either personally or as an official of the Owner. It is
understood that in such matters they act solely as agents and representatives of the Owner.
70-18 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the Owner will expeditiously make
final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or
stop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the
work, nor shall the Owner be precluded or stopped from recovering fTom the Contractor or his/her surety, or both,
such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill hislher obligations under
the contract. A waiver on the part of the Owner of any breach of any part of the contract shall not be held to be a
waiver of any other or subsequent breach.
The Contractor, without prejudice to the terms of the contract, shall be liable to the Owner for latent defects, fraud,
or such gross mistakes as may amount to fraud, or as regards the owner's rights under any warranty or guaranty.
70-19 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.
70-20 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 oflnterior.
Should the Contractor encounter, during his/her operations, any building, part of a building, structure, or object that
is incongruous with its surroundings, he shall immediately cease operations in that location and notify the Engineer.
The Engineer will immediately investigate the Contractor's finding and the Owner will direct the Contractor to either
resume his/her operations or to suspend operations as directed.
Should the Owner 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
(chsnge 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.
END OF SECTION 70
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SECTION 80
PROSECUTION AND PROGRESS
14B
80-01 SUBLETTING OF CONTRACT. The Owner will not recognize any subcontractor on the work. The
Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent,
or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer.
Should the Contractor elect to assign his/her contract, said assignment shall be concurred in by the surety, shall be
presented for the consideration and approval of the Owner, and shall be consummated only on the written approval
of the Owner. In case of approval, the Contractor shall file copies of all subcontracts with the Engineer.
The Contractor shall perform, with his organization, an amount of work equal to at least [ 25 ] percent of the total
contract cost.
80-02 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor
will begin the construction and from which date contract time will be charged. The Contractor shall begin the work
to be performed under the contract within 10 days of the date set by the Engineer in the written notice to proceed,
but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction
operations will begin.
80-03 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit his/her
progress schedule for the Engineer's approval within 10 days after the effective date of the notice to proceed. The
Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction
operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment,
and labor to guarantee the completion of the project in accordance with the plans and specifications within the time
set forth in the proposal.
If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request,
submit a revised schedule for completion of the work within the contract time and modify his/her operations to
provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the
prosecution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in
advance of resuming operations.
For AlP contracts, the Contractor shall not commence any actual construction prior to the date on which the notice
to proceed is issued by the Owner.
80-04 LIMITATION OF OPERATIONS. The Contractor shall control his/her operations and the operations of
hislher 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 hislher operations within an AIR OPERATIONS AREA of the
airport, the work shall be coordinated with airport operations (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 (AOA) 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.
Contractor shall be required to conform to safety standards contained in AC 150/5370-2, Operational Safety on
Airports During Construction.
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80-04.1 OPERATIONAL SAFETY ON AIRPORT DURING CONSTRUCTION. All Contractors' operations
shall be conducted in accordance with the project safety plan and the provisions set forth within the current version
of Advisory Circular 150/5370-2. The safety plan included within the contract documents conveys minimum
requirements for operational safety on the airport during construction activities. The Contractor shall prepare and
submit a plan that details how it proposes to comply with the requirements presented within the safety plan.
The Contractor shall implement all necessary safety plan measures prior to commencement of any work activity.
The Contractor shall conduct routine checks of the safety plan measures to assure compliance with the safety plan
measures.
The Contractor is responsible to the Owner for the conduct of all subcontractors it employs on the project. The
Contractor shall assure that all subcontractors are made aware of the requirements of the safety plan and that they
implement and maintain all necessary measures.
No deviation or modifications may be made to the approved safety plan unless approved in writing by the Owner or
Engineer.
80-05 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.
Any person employed by the Contractor or by any subcontractor who violates any operational regulations and, 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 approval of the Engineer.
Should the Contractor fail to remove such persons or person, 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 that 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.
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.
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80-06 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 necessary due to the
failure on the part of the Contractor to cany 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 Engineer's order to
suspend work to the effective date of the Engineer's order to resume the work. Claims for such compensation shall
be filed with the Engineer within the time period stated in the Engineer's order to resume work. The Contractor
shall submit with his/her claim information substantiating the amount shown on the claim. The Engineer will
forward the Contractor's claim to the Owner for consideration in accordance with local laws or ordinances. No
provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement
weather, for suspensions made at the request of the Owner, 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.
80-07 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working
days allowed for completion of the work shall be stated in the proposal and contract and shall be known as the
CONTRACT TIME.
Should the contract time require extension for reasons beyond the Contractor's control, it shall be adjusted as
follows:
a. CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer. The Engineer
will furnish the Contractor a copy of his/her weekly statement of the number of working days charged against the
contract time during the week and the number of working days currently specified for completion of the contract
(the original contract time plus the number of working days, if any, that have been included in approved CHANGE
ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK).
The Engineer shall base his/her weekly statement of contract time charged on the following considerations:
(I) 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 Owner for reasons not the fault of the Contractor,
shall not be charged against the contract time.
(2) The Engineer will not make charges against the contract time prior to the effective date of the notice to
proceed.
(3) The Engineer will begin charges against the contract time on the first working day after the effective
date of the notice to proceed.
(4) The Engineer will not make charges against the contract time after the date of final acceptance as
defined in the subsection titled FINAL ACCEPTANCE of Section 50.
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(5) The Contractor will be allowed I week in which to file a written protest setting forth his/her 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.
The coutract time (stated in the proposal) is based on the originally estimated quantities as described in the
subsection titled INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the
satisfactory completion of the contract require performance of work in greater quantities than those estimated in the
proposal, the contract time shall be increased in the same proportion as the cost of the actually completed quantities
bears to the cost of the originally estimated quantities in the proposal. Such increase in contract time shall not
consider either the cost of work or the extension of contract time that has been covered by change order or
supplemental agreement and shall be made at the time of final payment.
b. CONTRACT TIME based on CALENDAR DAYS shall consist of the number of calendar days stated in the
contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays,
and nonwork days. All calendar days elapsing between the effective dates of the 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/her control to complete the work within the contract time
as specified, or as extended in accordance with the provisions of this subsection, he may, at any time prior to the
expiration of the contract time as extended, make a written request to the Engineer for an extension of time setting
forth the reasons which he believes will justify the granting of his/her request. Requests for extension of time on
calendar day projects, caused by inclement weather, shall be supported with National Weather Bureau data showing
the actual amount of inclement weather exceeded which could normally be expected during the contract period. 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.
80-08 FAILURE TO COMPLETE ON TIME. For each calendar day or working day, as specified in the
contract, that any work remains uncompleted after the contract time (including all extensions and adjustments as
provided in the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section)
the sum specified in the contract and proposal as liquidated damages will be deducted from any money due or to
become due the Contractor or his/her surety. Such deducted sums shall not be deducted as a penalty but shall be
considered as liquidation of a reasonable portion of damages including but not limited to additional engineering
services that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in
his/her contract.
SCHEDULE LIOUIDATED DAMAGES COST ALLOWED CONSTRUCTION TIME
$1,145.10 Der calendar day after 240 Calendar days
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.
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80-09 DEFAULT AND TERMINATION O~- CONTRACT. The Contractor shall be considered in default of
his/her contract and such default will be considered as cause for the Owner to terminate the contract for any of the
following reasons if the Contractor:
a. Fails to begin the work under the contract within the time specified in the "Notice to Proceed," or
b. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion
of work in accordance with the terms of the contract, or
c. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as
may be rejected as unacceptable and unsuitable, or
d. Discontinues the prosecution of the work, or
e. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or
f. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or
g. Allows any final judgment to stand against him unsatisfied for a period of 10 days, or
h. Makes an assignment for the benefit of creditors, or
i. For any other cause whatsoever, fails to carry on the work in an acceptable manner.
Should the Engineer consider the Contractor in default of the contract for any reason hereinbefore, he shall
immediately give written notice to the Contractor and the Contractor's surety as to the reasons for considering the
Contractor in default and the Owner's intentions to terminate the contract.
If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith,
then the Owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and
the Contractor's failure to comply with such notice, have full power and authority without violating the contract, to
take the prosecution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all
materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an
agreement for the completion of said contract according to the terms and provisions thereof, or use such other
methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable
manner.
All costs and charges incurred by the Owner, together with the cost of completing the work under contract, will be
deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which
would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the
Owner the amount of such excess.
80-10 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 tor 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.
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Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work
shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and
actual cost records at such points of delivery as may be designated by the Engineer.
Termination of the contract or a portion thereof shall neither relieve the Contractor of his/her responsibilities for the
completed work nor shall it relieve his/her surety of its obligation for and concerning any just claim arising out of
the work performed.
80-11 WORK AREA, STORAGE AREA AND SEQUENCE OF OPERATIONS. The Contractor shall obtain
approval from the Engineer prior to beginning any work in all areas of the airport. No operating runway, taxiway, or
Air Operations Area (AOA) shall be crossed, entered, or obstructed while it is operational. The Contractor shall
plan and coordinate his/her work in such a manner as to insure safety and a minimum of hindrance to flight
operations. All Contractor equipment and material stockpiles shall be stored a minimum or [ ] feet from the
centerline of an active runway. No equipment will be allowed to park within the approach area of an active runway
at any time. No equipment shall be within [ ] feet of an active runway at any time.
END OF SECTION 80
Intentionally Left Blank
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AC 150/5370-IOE 14 B
SECTION 90
MEASUREMENT AND PAYMENT
90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the
Engineer, or hislher authorized representatives, using United States Customary Units of Measurement or the
International System of Units.
The method of measurement and computations to be used in determination of quantities of material furnished and of
work performed under the contract will be those methods generally recognized as conforming to good engineering
practice.
Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no
deductions will be made for individual fixtures (or leave-outs) having an area of9 squsre feet (0.8 squsre meter) or
less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown
on the plans or ordered in writing by the Engineer.
Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions.
Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts,
conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon
which such items are placed.
In computing volumes of excavation the average end area method or other acceptable methods will be used.
The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe
culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inches.
The term' 'ton" will mean the short ton consisting of 2,000 pounds (907 kilograms) avoirdupois. All materials that
sre measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified
personnel at locations designed by the Engineer. If material is shipped by rail, the car weight may be accepted
provided that only the actual weight of material is paid for. However, csr 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 ysrd (cubic meter) may be weighed, and such weights will be converted to cubic ysrds (cubic meters) for
payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by
the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities is used.
Bituminous materials will be measured by the gallon (liter) or ton (kilogram). When measured by volume, such
volumes will be measured at 60 F (15 C) or will be corrected to the volume at 60 F (15 C) using ASTM D 1250 for
asphalts or ASTM D 633 for tars.
Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis
of measurement, subject to correction when bituminous material has been lost from the car or the distributor,
wasted, or otherwise not incorporated in the work.
When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction
for loss or foaming, may be used for computing quantities.
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Cement will be measured by the ton (kilogram) or hundredweight (kilogram).
Timber will be measured by the thousand feet board measure (M.F.B.M.) actually incorporated in the structure.
Measurement will be based on nominal widths and thicknesses and the extreme length of each piece.
The term" lump sum" when used as an item of payment will mean complete payment for the work described in the
contract.
When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement,
the unit will be construed to include all necessary fittings and accessories.
Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the
equipment within the limits of the work. Special equipment ordered by the Engineer in connection with force
account work will be measured as agreed in the change order or supplemental agreement authorizing such force
account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of
this section.
When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and
these items are identified by gage, unit weight, section dimensions, etc., such identification will be considered to be
nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications,
manufacturing tolerances established by the industries involved will be accepted.
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 I pound
(454 grams). The use of spring balances will not be permitted.
Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely
and conveniently view them.
Scale installations shall have available ten standard 50-pound (2.3 kilogram) weights for testing the weighing
equipment or suitable weights and devices for other approved equipment.
Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and
maintained with the platform level and rigid bulkheads at each end.
Scales "overweighing" (indicating more than correct weight) will not be permitted to operate, and all materials
received subsequent to the last previous correct weighting-accuracy test will be reduced by the percentage of error in
excess of one-half of I 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
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result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the
amount represented by the authorized changes in the dimensions.
90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the contract
as full payment for furnishing all materials, for performing all work under the contract in a complete and acceptable
manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the
prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section
70.
When the "basis of payment" subsection of a technical specification requires that the contract price (price bid)
include compensation for certain work or material essential to the item, this same work or material will not also be
measured for payment under any other contract item which may appear elsewhere in the contract, plans, or
specifications.
90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the
quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned,
payment at the original contract price for the accepted quantities of work actually completed and accepted. No
allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of
Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits
suffered or claimed by the Contractor which results directly from such alterations or indirectly from his/her
unbalanced allocation of overhead and profit among the contract items, or from any other cause.
90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section
40, the Engineer shall have the right to omit from the work (order nonperformance) any contract item, except major
contract items, in the best interest of the Owner.
Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the
Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to
the Engineer's order to omit or 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.
c. Statement. No payment will be made for work performed on a force account basis until the Contractor has
furnished the Engineer with duplicate itemized statements of the cost of such force account work detailed as follows:
(1) Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman.
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w
(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 workmants compensation insurance premiums, unemployment
insurance contributions, and social security tax.
Statements shall be accompanied and supported by a receipted invoice for all materials used and transportation
charges. However, if materials used on the force account work are not specifically purchased for such work but are
taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that
such materials were taken from his/her stock, that the quantity claimed was actually used, and that the price and
transportation claimed represent the actual cost to the Contractor.
90-06 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the work progresses.
Said payments will be based upon estimates prepared by the Engineer of the value of the work performed and
materials complete in place in accordance with the contract, plans, and specifications. Such partial payments may
also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection
titled PAYMENT FOR MATERIALS ON HAND of this section.
No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than
five hundred dollars.
From the total of the amount determined to be payable on a partial payment, 10 percent of such total amount will be
deducted and retained by the Owner 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, less all previous payments, shall be certified for payment. Should the Contractor exercise hislher
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 the Owner's discretion and with
the consent of the surety, prepare an estimate from which will be retained an amount not less than twice the contract
value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous
payments and deductions, will then be certified for payment to the Contractor.
It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on
quantities of work in excess of those provided in the proposal or covered by approved change orders or
supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of
the final quantity for the item of work in question.
No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or
quantity_ All partial payments are subject to correction at the time of final payment as provided in the subsection
titled ACCEPTANCE AND FINAL PAYMENT of this section.
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:
3. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site.
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b. Tbe 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/her responsibility for furnishing and placing such materials in
accordance with the requirements of the contract, plans, and specifications.
In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or
the contract price for the contract item in which the material is intended to be used.
No partial payment will be made for stored or stockpiled living or perishable plant materials.
The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in
accordance with the provisions of this subsection.
90-08 PAYMENT OF WITHHELD FUNDS. At the Contractor's option, he/she may request that the Owner
accept (in lieu of the 10 percent retainage on partial payments described in the subsection titled PARTIAL
PAYMENTS of this section) the Contractor's deposits in escrow under the following conditions.
a. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow
agreement acceptable to the Owner.
b. The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of
deposit as are acceptable to the Owner and having a value not less than the 10 percent retainage that would
otherwise be withheld from partial payment.
c. The Contractor shall enter into an escrow agreement satisfactory to the Owner.
d. The Contractor shall obtain the written consent of the surety to such agreement.
90-09 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with
the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final
estimate of the items of work actually performed. The Contractor shall approve the Engineer's final estimate or
advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or
computations of the final quantities to be paid under the contract as amended by change order or supplemental
agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation
of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If,
after such 30-day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of
the quantities in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance
with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50.
After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be
processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the
Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior
partial estimates and payments shall be subject to correction in the final estimate and payment.
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[fthe Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS
FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will
be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims,
any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate.
END OF SECTION 90
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AC 150/51-*EB
SECTION 100
CONTRACTOR QUALITY CONTROL PROGRAM
100-01 GENERAL. Should the Grantor agency require a Contractor Quality Control Program, the Contractor shall
establish, provide, and maintain an effective Quality Control Program that details the methods and procedures that
will be taken to assure that all materials and completed construction required by this contract conform to contract
plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from
subcontractors or vendors. Although guidelines are established and certain minimum requirements are specified
herein and elsewhere in the contract technical specifications, the Contractor shall assume full responsibility for
accomplishing the stated purpose.
The intent of this section is to enable the Contractor to establish a necessary level of control that will:
a. Adequately provide for the production of acceptable quality materials.
b. Provide sufficient information to assure both the Contractor and the Engineer that the specification
requirements can be met.
c. Allow the Contractor as much latitude as possible to develop his or her own standard of control.
The Contractor shall be prepared to discuss and present, at the preconstruction conference, hislher understanding of
the quality control requirements. The Contractor shall not begin any construction or production of materials to be
incorporated into the completed work until the Quality Control Program has been reviewed by the Engineer. No
partial payment will be made for materials subject to specific quality control requirements until the Quality Control
Program has been reviewed.
The quality control requirements contained in this section and elsewhere in the contract technical specifications are
in addition to and separate from the acceptance testing requirements. Acceptance testing requirements are the
responsibility of the Engineer.
100-02 DESCRIPTION OF PROGRAM.
a. General Description. The Contractor shall establish a Quality Control Program to perform inspection and
testing of all items of work required by the technical specifications, including those performed by subcontractors.
This Quality Control Program shall ensure conformance to applicable specifications and plans with respect to
materials, workmanship, construction, finish, and functional performance. The Quality Control Program shall be
effective for control of all construction work performed under this Contract and shall specifically include
surveillance and tests required by the technical specifications, in addition to other requirements of this section and
any other activities deemed necessary by the Contractor to establish an effective level of quality control.
b. Quality Control Program. The Contractor shall describe the Quality Control Program in a written
document that shall be reviewed by the Engineer prior to the start of any production, construction, or off-site
fabrication. The written Quality Control Program shall be submitted to the Engineer for review at least I 5 ]
calendar days before the I start of work I.
The Quality Control Program shall be organized to address, as a minimum, the following items:
3. Quality control organization;
b. Project progress schedule;
c. Submiltals schedule;
d. Inspection requirements;
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e. Quality control testing plan;
f. Documentation of quality control activities; and
g. Requirements for corrective action when quality control and/or acceptance criteria are not met.
The Contractor is encouraged to add any additional elements to the Quality Control Program that he/she deems
necessary to adequately control all production and/or construction processes required by this contract.
100-03 QUALITY CONTROL ORGANIZATION. The Contractor Quality Control Program shall be
implemented by the establishment of a separate quality control organization. An organizational chart shall be
developed to show all quality control personnel and how these personnel integrate with other
management/production and construction functions and personnel.
The organizational chart shall identify all quality control staff by name and function, and shall indicate the total staff
required to implement all elements of the Quality Control Program, including inspection and testing for each item of
work. If necessary, different technicians can be utilized for specific inspection and testing functions for different
items of work. If an outside organization or independent testing laboratory is used for implementation of all or part
of the Quality Control Program, the personnel assigned shall be subject to the qualification requirements of
paragraph 100-03a and 100-03b. The organizational chart shall indicate which personnel are Contractor employees
and which are provided by an outside organization.
The quality control organization shall consist of the following minimum personnel:
a. Program Administrator. The Program Administrator shall be a full-time employee of the Contractor, or a
consultant engaged by the Contractor. The Program Administrator shall have a minimum of 5 years of experience in
airport and/or highway construction and shall have had prior quality control experience on a project of comparable
size and scope as the contract.
Additional qualifications for the Program Administrator shall include at least I of the following requirements:
(I) Professional engineer with I year of airport paving experience acceptable to the Engineer.
(2) Engineer-in-training with 2 years of airport paving experience acceptable to the Engineer.
(3) An individual with 3 years of highway and/or airport paving experience acceptable to the Engineer,
with a Bachelor of Science Degree in Civil Engineering, Civil Engineering Technology or Construction.
(4) Construction materials technician certified at Level 111 by the National Institute for Certification in
Engineering Technologies (NICET).
(5) Highway materials technician certified at Level 111 by NICET.
(6) Highway construction technician certified at Level 111 by NlCET.
(7) A NICET certified engineering technician in Civil Engineering Technology with 5 years of highway
and/or airport paving experience acceptable to the Engineer.
The Program Administrator shall have full authority to institute any and all actions necessary for the successful
implementation of the Quality Control Program to ensure compliance with the contract plans and technical
specifications. The Program Administrator shall report directly to a responsible officer of the construction finn.
The Program Administrator may supervise the Quality Control Program on more than one project provided that
person can be at the job site within 2 hours after being notified of a problem.
b. Quality Control Technicians. A sufficient number of quality control technicians necessary to adequately
implement the Quality Control Program shall be provided. These personnel shall be either engineers, engineering
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AC 150153t-~EB
technicians, or experienced craftsman with qualifications in the appropriate field equivalent to NICET Level II or
higher construction materials technician or highway construction technician and shall have a minimum of 2 years of
experience in their area of expertise.
The quality control technicians shall report directly to the Program Administrator and shall perform the following
functions:
(I) Inspection of all materials, construction, plant, and equipment for conformance to the technical
specifications, and as required by Section 100-06.
(2) Performance of all quality control tests as required by the technical specifications and Section 100-07.
Certification at an equivalent level, by a state or nationally recognized organization will be acceptable in lieu of
NICET certification.
c. Staffing Levels. The Contractor shall provide sufficient qualified quality control personnel to monitor each
work activity at all times. Where material is being produced in a plant for incorporation into the work, separate
plant and field technicians shall be provided at each plant and field placement location. The scheduling and
coordinating of all inspection and testing must match the type and pace of work activity. The Quality Control
Program shall state where different technicians will be required for different work elements.
100-04 PROJECT PROGRESS SCHEDULE. The Contractor shall submit a coordinated construction schedule
for all work activities. The schedule shall be prepared as a network diagram in Critical Path Method (CPM), PERT,
or other format, or as otherwise specified in the contract. As a minimum, it shall provide information on the
sequence of work activities, milestone dates, and activity duration.
The Contractor shall maintain the work schedule and provide an update and analysis of the progress schedule on a
twice monthly basis, or as otherwise specified in the contract. Submission of the work schedule shall not relieve the
Contractor of overall responsibility for scheduling, sequencing, and coordinating all work to comply with the
requirements of the contract.
100-05 SUBMITTALS SCHEDULE. The Contractor shall submit a detailed listing of all submittals (e.g., mix
designs, material certifications) and shop drawings required by the technical specifications. The listing can be
developed in a spreadsheet format and shall include:
8. Specification item number;
b. Item description;
c. Description of submittal;
d. Specification paragraph requiring submittal; and
e. Scheduled date of submittal.
100-06 INSPECTION REQUIREMENTS. Quality control inspection functions shall be organized to provide
inspections for all definable features of work, as detailed below. All inspections shall be documented by the
Contractor as specified by Section 100-07.
Inspections shall be performed daily to ensure continuing compliance with contract requirements until completion of
the particular feature of work. These shall include the following minimum requirements:
8. During plant operation for material production, quality control test results and periodic inspections shall be
utilized to ensure the quality of aggregates and other mix components, and to adjust and control mix proportioning
to meet the approved mix design and other requirements of the technical specifications. All equipment utilized in
proportioning and mixing shall be inspected to ensure its proper operating condition. The Quality Control Program
shall detail how these and other quality control functions will be accomplished and utilized.
b. During field operations, quality control test results and periodic inspections shall be utilized to ensure the
quality of all materials and workmanship. All equipment utilized in placing, finishing, and compacting shall be
GP-O-43
AC l5015370-IOE
Jo~JJ
inspected to ensure its proper operating condition and to ensure that all such operations are in conformance to the
technical specifications and are within the plan dimensions, lines, grades, and tolerances specified. The Program
shall document how these and other quality control functions will be accomplished and utilized.
100-07 QUALITY CONTROL TESTING PLAN. As a part of the overall Quality Control Program, the
Contractor shall implement a quality control testing plan, as required by the technical specifications. The testing
plan shall include the minimum tests and test frequencies required by each technical specification Item, as well as
any additional quality control tests that the Contractor deems necessary to adequately control production and/or
construction processes.
The testing plan can be developed in a spreadsheet fashion and shall, as a minimum, include the following:
a, Specification item number (e.g., P-401);
b. Item description (e.g., Plant Mix Bituminous Pavements);
c. Test type (e.g., gradation, grade, asphalt content);
d. Test standard (e.g., ASTM or AASHTO test number, as applicable);
e. Test frequency (e.g., as required by technical specifications or minimum frequency when requirements are
not stated);
f. Responsibility (e.g., plant technician); and
g. Control requirements (e.g., target, permissible deviations).
The testing plan shall contain a statistically-based procedure of random sampling for acquiring test samples in
accordance with ASTM 0 3665. The Engineer shall be provided the opportunity to witness quality control sampling
and testing.
All quality control test results shall be documented by the Contractor as required by Section 100-08.
100-08 DOCUMENTATION. The Contractor shall maintain current quality control records of all inspections and
tests performed. These records shall include factual evidence that the required inspections or tests have been
performed, including type and number of inspections or tests involved; results of inspections or tests; nature of
defects, deviations, causes for rejection, etc.; proposed remedial action; and corrective actions taken.
These records must cover both conforming and defective or deficient features, and must include a statement that all
supplies and materials incorporated in the work are in full compliance with the terms of the contract. Legible copies
of these records shall be furnished to the Engineer daily. The records shall cover all work placed subsequent to the
previously furnished records and shall be verified and signed by the Contractor's Program Administrator.
Specific Contractor quality control records required for the contract shall include, but are not necessarily limited to,
the following records:
a. Daily Inspection Reports, Each Contractor quality control technician shall maintain a daily log of all
inspections performed for both Contractor and subcontractor operations on a form acceptable to the Engineer. These
technician's daily reports shall provide factual evidence that continuous quality control inspections have been
performed and shall, as a minimum, include the following:
(1) Technical specification item number and description;
(2) Compliance with approved submittals;
(3) Proper storage of materials and equipment;
(4) Proper operation of all equipment;
(5) Adherence to plans and technical specifications;
(6) Review of quality control tests; and
(7) Safety inspection.
The daily inspection reports shall identify inspections conducted, results of inspections, location and nature of
defects found, causes for rejection, and remedial or corrective actions taken or proposed.
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AC 150/5370-14 B
The daily inspection reports shall be signed by the responsible quality control technician and the Program
Administrator. The Engineer shall be provided at least one copy of each daily inspection report on the work day
following the day of record.
b. Daily Test Reports. The Contractor shall be responsible for establishing a system that will record all
quality control test results. Daily test reports shall document the following information:
(1) Technical specification item number and description;
(2) Test designation;
(3) Location;
(4) Date of test;
(5) Control requirements;
(6) Test results;
(7) Causes for rejection;
(8) Recommended remedial actions; and
(9) Retests.
Test results from each day's work period shall be submitted to the Engineer prior to the start of the next day's work
period. When required by the technical specifications, the Contractor shall maintain statistical quality control charts.
The daily test reports shall be signed by the responsible quality control technician and the Program Administrator.
100-09 CORRECTIVE ACTION REQUIREMENTS. The Quality Control Program shall indicate the
appropriate action to be taken when a process is deemed, or believed, to be out of control (out of tolerance) and
detail what action will be taken to bring the process into control. The requirements for corrective action shall
include both general requirements for operation of the Quality Control Program as a whole, and for individual items
of work contained in the technical specifications.
The Quality Control Program shall detail how the results of quality control inspections and tests will be used for
determining the need for corrective action and shall contain clear sets of rules to gauge when a process is out of
control and the type of correction to be taken to regain process control.
When applicable or required by the technical specifications, the Contractor shall establish and utilize statistical
quality control charts for individual quality control tests. The requirements for corrective action shall be linked to
the control charts.
100-10 SURVEILLANCE BY THE ENGINEER. All items of material and equipment shall be subject to
surveillance by the Engineer at the point of production, manufacture or shipment to determine if the Contractor,
producer, manufacturer or shipper maintains an adequate quality control system in conformance with the
requirements detailed herein and the applicable technical specifications and plans. In addition, all items of
materials, equipment and work in place shall be subject to surveillance by the Engineer at the site for the same
purpose.
Surveillance by the Engineer does not relieve the Contractor of performing quality control inspections of either
on-site or off-site Contractor's or subcontractor1s work.
100-11 NONCOMPLIANCE.
a. The Engineer will notify the Contractor of any noncompliance with any of the foregoing requirements. The
Contractor shall, after receipt of such notice, immediately take corrective action. Any notice, when delivered by the
Engineer or his/her authorized representative to the Contractor or his/her authorized representative at the site of the
work, shall be considered sufficient notice.
b. In cases where quality control activities do not comply with either the Contractor Quality Control Program
or the contract provisions, or where the Contractor fails to properly operate and maintain an effective Quality
Control Program, as determined by the Engineer, the Engineer may:
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AC l50/5370-10E
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(I) Order the Contractor to replace ineffective or unqualified quality control personnel or subcontractors.
(2) Order the Contractor to stop operations until appropriate corrective actions are taken.
END OF SECTION 100
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AC 15015370-~E 4 B
SECTION 110
METHOD OF ESTIMATING PERCENTAGE OF MATERIAL
WITHIN SPECIFICATION LIMITS (PWL)
110-01 GENERAL. When the specifications provide for acceptance of material based on the method of estimating
percentage of material within specification limits (PWL), the PWL will be determined in accordance with this
section. All test results for a lot will be analyzed statistically to determine the total estimated percent of the lot that
is within specification limits. The PWL is computed using the sample average (X) and sample standard deviation
(S,) of the specified number (n) of sublots for the lot and the specification tolerance limits, L for lower and U for
upper, for the particular acceptance parameter. From these values, the respective Quality index(s), Qr. for Lower
Quality Index and/or QlJ for Upper Quality Index, is computed and the PWL for the lot for the specified n is
determined from Table 1. All specification limits specified in the technical sections shall be absolute values. Test
results used in the calculations shall be to the significant figure given in the test procedure.
There is some degree of uncertainty (risk) in the measurement for acceptance because only a small fraction of
production material (the population) is sampled and tested. This uncertainty exists because all portions of the
production material have the same probability to be randomly sampled. The Contractor's risk is the probability that
material produced at the acceptable quality level is rejected or subjected to a pay adjustment. The Owner's risk is
the probability that material produced at the rejectable quality level is accepted.
IT IS THE INTENT OF THIS SECTION TO INFORM THE CONTRACTOR THAT, IN ORDER TO
CONSISTENTLY OFFSET THE CONTRACTOR'S RISK FOR MATERIAL EVALUATED, PRODUCTION
QUALITY (USING POPULATION AVERAGE AND POPULATION STANDARD DEVIATION) MUST BE
MAINTAINED AT THE ACCEPTABLE QUALITY SPECIFIED OR HIGHER. IN ALL CASES, IT IS THE
RESPONSIBILITY OF THE CONTRACTOR TO PRODUCE AT QUALITY LEVELS THAT WILL MEET THE
SPECIFIED ACCEPTANCE CRITERIA WHEN SAMPLED AND TESTED AT THE FREQUENCIES
SPECIFIED.
110-02 METHOD FOR COMPUTING PWL. The computational sequence for computing PWL is as follows:
a. Divide the lot into n sublots in accordance with the acceptance requirements of the specification.
b. Locate the random sampling position within the sublat in accordance with the requirements of the
specification.
c. Make a measurement at each location, or take a test portion and make the measurement on the test portion in
accordance with the testing requirements of the specification.
d. Find the sample average (X) for all sublot values within the lot by using the following formula:
X ~ (x, + x, + X3 C . . .x,) 1 n
Where: X ~ Sample average of all subJot values within a lot
XI. X2 = Individual sublot values
n ~ Number of sub lots
e. Find the sample standard deviation (S,) by use of the following formula:
S, ~ [(d,' + d22 + d3' + . . .d,,')/(n_I)]'/2
Where: S, ~ Sample standard deviation of the number of sublot values in the set
dl, d2, = Deviations of the individual sublat values XI. X2,... from the average value X
that is: d, ~ (x, - X), d, ~ (x, - X) ... d. ~ (x, - X)
n ~ Number of sublots
f. For single sided specification limits (i.e., L only), compute the Lower Quality Index QL by use of the
following formula:
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AC 15015370-IOE
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QI. ~ (X - L) I S,
148
Where: L = specification lower tolerance limit
Estimate the percentage of material within limits (PWL) by entering Table 1 with QL, using the column
appropriate to the total number (n) of measurements. If the value ofQI. falls between values shown on the table, use
the next higher value of PWL.
g. For double-sided specification limits (i.e. Land U), compute the Quality Indexes QL and Qu by use of the
following formulas:
QL ~ (X - L) 1 Sn and Qu ~ (U - X) 1 Sn
Where: L and U = specification lower and upper tolerance limits
Estimate the percentage of material between the lower (L) and upper (U) tolerance limits (PWL) by entering
Table I separately with QI. and Qu, using the column appropriate to the total number (n) of measurements, and
determining the percent of material above PL and percent of material below PI] for each tolerance limit. If the values
of QL fall between values shown on the table, use the next higher value of PI. or Pu. Determine the PWL by use of
the following formula:
PWL ~ (Pu + P,) - 100
Where: PL = percent within lower specification limit
Pu = percent within upper specification limit
EXAMPLE OF PWL CALCULATION
Project: Example Project
Test Item: Item P-401, Lot A.
A, PWL Determination for Mat Density.
1. Density of four random cores taken from Lot A.
A-I 96.60
A-2 97.55
A-3 99.30
A-4 98.35
n~4
2, Calculate average density for the lot.
X ~ (x I + x2 + x3 + . . .xn) 1 n
X ~ (96.60 + 97.55 + 99.30 + 98.35) 1 4
X ~ 97.95 percent density
3, Calculate the standard deviation for the lot.
Sn ~ [((96.60 - 97.95)2 + (97.55 - 97.95)' +(99.30 -97.95)' + (98.35 -97.95)')) 1 (4 - I))'!'
Sn~ [(1.82 + 0.16 + 1.82 + 0.16) 13]l!2
Sn~ 1.15
4, Calculate the Lower Quality Index QL for the lot. (L~96.3)
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AC 150/5370-1 OE
913012009
QJ ~ (X -L) 1 Sn
QL ~ (97.95 - 96.30) 11.15
QL ~ 1.4348
5. Determine PWL by entering Table I with QL ~ 1.44 and n~ 4.
PWL ~ 98
B. PWL Determination for Air Voids.
1. Air Voids offour random samples taken from Lot A.
A-I 5.00
A-2 3.74
A-3 2.30
A-4 3.25
2. Calculate the average air voids for the lot.
X ~ (x 1 + x + x3 . . .n) 1 n
X ~ (5.00 + 3.74 + 2.30 + 3.25) 14
X ~ 3.57 percent
3. Calculate the standard deviation Sn for the lot.
Sn ~ [((3.57 - 5.00)' + (3.57 - 3.74)' + (3.57 - 2.30)2 + (3.57 -3.25)') 1 (4 - I))'!'
Sn ~ [(2.04 + 0.03 + 1.62 + 0.10) 13]1/2
Sn~ 1.12
4. Calculate the Lower Quality Index QL for the lot. (L~ 2.0)
QJ ~ (X - L) 1 Sn
QL ~ (3.57 - 2.00) 11.12
QL ~ 1.3992
5. Determine PL by entering Table 1 with QJ ~ 1.41 and n ~ 4.
PL ~ 97
6. Calculate the Upper Quality Index Qu for the lot. (U~ 5.0)
Qu ~ (U - X) 1 Sn
Qu ~ (5.00 - 3.57) 11.12
Qu ~ 1.2702
7. Determine Pu by entering Table I with Qu ~ 1.29 and n ~ 4.
Pu ~ 93
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AC 15015370-10E
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9/3012009
8. Calculate Air Voids PWL
PWL ~ (P, + Pu) - 100
PWL ~ (97 + 93) - 100 ~ 90
EXAMPLE OF OUTLIER CALCULATION (Reference ASTM E 178)
Project: Example Project
Test Item: Item P-401, Lot A.
A. Outlier Determination for Mat Density.
1. Density of four random cores taken from Lot A. arranged in descending order.
A-3 99.30
A-4 98.35
A-2 97.55
A-I 96.60
2. Use n=l and upper 5 percent significance level of to find the critical value for test criterion ~ 1.463.
3. Use average density, standard deviation, and test criterion value to evaluate density measurements.
3. For measurements greater than the average:
If: (measurement - average)/(standard deviation) is less than test criterion,
Then: the measurement is not considered an outlier
for A-3 Check if (99.30 - 97.95 ) 11.15 greater than 1.463
1.174 is less than 1.463, the value is not an outlier
b. For measurements less than the average:
If (average - measurement)/(standard deviation) is less than test criterion,
the measurement is not considered an outlier
for A-I Check if( 97.95 - 96.60) 11.15 greater than 1.463
1.0 is less than 1.463, the value is not an outlier
NOTE: In this example, a measurement would be considered an outlier if the density was:
greater than (97.95+1.463x1.l5) ~ 99.63 percent or,
less than (97.95-1.463x1.l5) ~ 96.27 percent
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AC 150/5370-10E
TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL)
T ,;:J ,:J,:.I~::. f ,::. I ;::- -----
Limits n~3 , n~1O
_.1~J all<ll'u) ---- i -
99 1.1541 2 0362
98 1.1524 1.4400 , 16016 1.6982 1.7612, 18053 18379 18630
97 1.1496 1.4100 1.5427 1.6181 1.6661 1.6993 1.7235 1.7420
96 1.1456 1.3800 1.4897 1.5497 1.5871 1.6127 1.6313 1.6454
95 1.1405 1.3500 1.4407 1.4887 1.5181 1.5381 1.5525 1.5635
94 1.1342 i 1.3200 1.3946 1.4329 ! 1.4561 1.4717 1.4829 1.4914
93 "'" l ''"'" ! 1.3508 1.3810 1.3991 1.4112 1.4199 1.4265
92 1.1184 1.2600 1.3088 1.3323 1.3461 1.3 5 54 1.3620 1.3670
91 1.1 089 1.2300 1.2683 1.2860 1.2964 1.3032 1.3081 1.3118
90 1.0982 1.2000 1.2290 , " 1.241~ jJ2492 _ 1.2541 1.2576 1.2602
-----_......------- --,
89 1.0864 : 1.1700 1.1909 1.1995 1.2043 1.2075 1.2098 1.2115
88 1.0736 1.1400 1.1537 1.1587 1.1613 1.1630 1.1643 ! 1.1653
87 1.0597 1.1100 , 1.1173 1.1192 1.1199 1.1204 1.1208 1.1212
86 1.0448 1.0800 , 1.0817 1.0808 1.0800 1.0794 1.0791 1.0789
85 1.0288 1.0500 1.0467 1.0435 1.0413 1.0399 1.0389 1.0382
84 1.0119 1.0200 1.0124 1.0071 1.0037 1.0015 1.0000 0.9990
83 0.9939 ! 0.9900 0.9785 0.9715 0.9671 0.9643 0.9624 , 0.9610
82 0.9749 0.9600 0.9452 0.9367 0.9315 0.9281 0.9258 I 0.9241
81 0.9550 0.9300 0.9123 , 0.9025 0.8966 i 0.8928 I 0.8901 0.8882
80 0.9342 0.9000__'_ 0.8799 0.8_690 0.8625 0.8583 0.8554 0.8533
------- -------.......-
percentWithix
79 0.9124 0.8700 0.8478
78 0.8897 , 0.8400 0.8160
77 0.8662 0.8100 0.7846
76 0.8417 0.7800 0.7535
75 0.8165 0.7500 0.7226
74 0.7904 0.7200 0.6921
73 0.7636 0.6900 0.6617
72 0.7360 0.6600 0.6316
71 0.7077 0.6300 0.6016
70 0.6787 0.6000 0.5719
69 0.6490 0.5700 0.5423
68 0.6187 0.5400 0.5129
67 0.5878 0.5100 0.4836
66 0.5563 0.4800 0.4545
65 0.5242 0.4500 0.4255
64 0.4916 0.4200 0.3967
63 0.4586 I 0.3900 0.3679
62 0.4251 0.3600 0.3392
61 0.3911 0.3300 0.3107
60 0.3568 0.3000 0.2822
-..------..--------
59 0.3222 0.2700 0.2537
58 0.2872 0.2400 0.2254
57 02519 0.2100 0.1971
56 0.2164 , 0.1800 0.1688
55 0.1806 0.1500 0.1406
54 0.1447 0.1200 0.1125
53 0.1087 0.0900 0.0843
52 0.0725 0.0600 0.0562
51 0.0363 0.0300 0.0281
50 0.0000 0.0000 0.0000
GP-O-51
Positive Values ofQ (QJ and Qu)
0.8360 i 0.8291 0.8245 i 0.8214
0.8036 I 0.7962 0.7915 0.7882
0.7716 , 0.7640 0.7590 0.7556
I 0.7401 0.7322 0.7271 0.7236
0.7089 0.7009 0.6958 0.6922
0.6781 0.6701 0.6649 0.6613
0.6477 0.6396 0.6344 0.6308
0.6176 0.6095 0.6044 0.6008
0.5878 0.5798 0.5747 0.5712
0.5582 , 0.5504 . 0.5454 ! 0.5419
~mn 1mIT~~:~~r i ~.:m
0.4424 , 0.4355 I 0.4310 0.4280
0.4139 0.4073 0.4030 0.4001
0.3856 0.3793 0.3753 0.3725
0.3575 0.3515 0.3477 0.3451
0.3295 0.3239 0.3203 0.3179
0.3016 0.2964 0.2931 0.2908
0.2738_: 0.262_L_O.2660 011i?9
0.2461 0.2418. 0.2391 02372
0.2186 0.2147 0.2122 I 02105
0.1911 0.1877 0.1855 0.1840
0.1636 0.1607 0.1588 0.1575
0.1363 0.1338 0.1322 0.1312
0.1090 0.1070 0.1057 0.1049
0.0817 0.0802 0.0793 0.0786
0.0544 0.0534 0.0528 0.0524
0.0272 0.0267 0.0264 0.0262
0.0000 0.0000 0.0000 0.0000
0.8192
0.7858
0.7531
0.7211
0.6896
0.6587
0.6282
0.5982
0.5686
0.5394
0.5105
0.4820
0.4537
0.4257
0.3980
0.3705
0.3432
0.3161
02892
02624
0.2358
0.2093
0.1829
0.1566
0.1304
0.1042
0.0781
0.0521
0.0260
0.0000
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TABLE l. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL)
Percent Within Negative Values ofQ (QL and Qu)
Limits n~3 n~4 n~5 n~6 n~7 n~8 n~9 n~10
(PL and Pu)
49 -0.0363 -0.0300 -0.0281 -0.0272 -0.0267 -0.0264 -0.0262 -0.0260
48 -0.0725 -0.0600 -0.0562 -0.0544 -0.0534 -0.0528 -0.0524 -0.0521
47 -0.1087 -0.0900 -0.0843 -0.0817 -0.0802 -0.0793 -0.0786 -0.0781
46 -0.1447 -0.1200 -0.1125 -0.1090 -0.1070 -0.1057 -0.1049 -0.1042
45 -0.1806 -0.1500 -0.1406 -0.1363 -0.1338 -0.1322 -0.1312 -0.1304
44 -0.2164 -0.1800 -0.1688 -0.1636 -0.1607 -0.1588 -0.1575 -0.1566
43 -0.2519 -0.2100 -0.1971 -0.1911 -0.1877 -0.1855 -0.1840 -0.1829
42 -0.2872 -0.2400 -0.2254 -0.2186 -0.2147 -0.2122 -0.2105 -0.2093
41 -0.3222 -0.2700 -0.2537 -0.2461 -0.2418 -0.2391 -0.2372 -0.2358
40 -0.3568 -0.3000 -0.2822 -0.2738 -0.2691 -0.2660 -0.2639 -0.2624
39 -0.3911 -0.3300 -0.3107 -0.3016 -0.2964 -0.2931 -0.2908 -0.2892
38 -0.4251 -0.3600 -0.3392 -0.3295 -0.3239 -0.3203 -0.3179 -0.3161
37 -0.4586 -0.3900 -0.3679 -0.3575 -0.3515 -0.3477 -0.3451 -0.3432
36 -0.4916 -0.4200 -0.3967 -0.3856 -0.3793 -0.3753 -0.3725 -0.3705
35 -0.5242 -0.4500 -0.4255 -0.4139 -0.4073 -0.4030 -0.4001 -0.3980
34 -0.5563 -0.4800 -0.4545 -0.4424 -0.4355 -0.4310 -0.4280 -0.4257
33 -0.5878 -0.5100 -0.4836 -0.4710 -0.4638 -0.4592 -0.4560 -0.4537
32 -0.6187 -0.5400 -0.5129 -0.4999 -0.4924 -0.4877 -0.4844 -0.4820
31 -0.6490 -0.5700 -0.5423 -0.5290 -0.5213 -0.5164 -0.5130 -0.5105
30 -0.6787 -0.6000 -0.5719 -0.5582 -0.5504 -0.5454 -0.5419 -0.5394
29 -0.7077 -0.6300 -0.6016 -0.5878 -0.5798 -0.5747 -0.5712 -0.5686
28 -0.7360 -0.6600 -0.6316 -0.6176 -0.6095 -0.6044 -0.6008 -0.5982
27 -0.7636 -0.6900 -0.6617 -0.6477 -0.6396 -0.6344 -0.6308 -0.6282
26 -0.7904 -0.7200 -0.6921 -0.6781 -0.6701 -0.6649 -0.6613 -0.6587
25 -0.8165 -0.7500 -0.7226 -0.7089 -0.7009 -0.6958 -0.6922 -0.6896
24 -0.8417 -0.7800 -0.7535 -0.7401 -0.7322 -0.7271 -0.7236 -0.7211
23 -0.8662 -0.8100 -0.7846 -0.7716 -0.7640 -0.7590 -0.7556 -0.7531
22 -0.8897 -0.8400 -0.8160 -0.8036 -0.7962 -0.7915 -0.7882 -0.7858
21 -0.9124 -0.8700 -0.8478 -0.8360 -0.8291 -0.8245 -0.8214 -0.8192
20 -0.9342 -0.9000 -0.8799 -0.8690 -0.8625 -0.8583 -0.8554 -0.8533
19 -0.9550 -0.9300 -0.9123 -0.9025 -0.8966 -0.8928 -0.8901 -0.8882
18 -0.9749 -0.9600 -0.9452 -0.9367 -0.9315 -0.9281 -0.9258 -0.9241
17 -0.9939 -0.9900 -0.9785 -0.9715 -0.9671 -0.9643 -0.9624 -0.9610
16 -1.0119 -1.0200 -1.0124 -1.0071 -1.0037 -1.0015 -1.0000 -0.9990
15 -1.0288 -1.0500 -1.0467 -1.0435 -1.0413 -1.0399 -1.0389 -1.0382
14 -1.0448 -1.0800 -1.0817 -1.0808 -1.0800 -1.0794 -1.0791 -1.0789
13 -1.0597 -1.1100 -1.1173 -1.1192 -1.1199 -1.1204 -1.1208 -1.1212
12 -1.0736 -1.1400 -1.1537 -1.1587 -1.1613 -1.1630 -1.1643 -1.1653
11 -1.0864 -1.1700 -1.1909 -1.1995 -1.2043 -1.2075 -1.2098 -1.2115
10 -1.0982 -1.2000 -1.2290 -1.2419 -1.2492 -1.2541 -1.2576 -1.2602
9 -1.1089 -1.2300 -1.2683 -1.2860 -1.2964 -1.3032 -1.3081 -1.3118
8 -1.1184 -1.2600 -1.3088 -1.3323 -1.3461 -1.3554 -1.3620 -1.3670
7 -1.1269 -1.2900 -1.3508 -1.3810 -1.3991 -1.4112 -1.4199 -1.4265
6 -1.1342 -1.3200 -1.3946 -1.4329 -1.4561 -1.4717 -1.4829 -1.4914
5 -1.1405 -1.3500 -1.4407 -1.4887 -1.5181 -1.5381 -1.5525 -1.5635
4 -1.1456 -1.3800 i -1.4897 I -1.5497 -1.5871 -1.6127 -1.6313 -1.6454
3 -1.1496 -1.4100 ' -1.5427 I -1.6181 -1.6661 -1.6993 -1.7235 -1.7420
2 -1.1524 -1.4400 -1.6016 I -1.6982 -1.7612 -1.8053 -1.8379 -1.8630
1 -1.1541 -1.4700 -1.6714 I -1.8008 -1.8888 -1.9520 -1.9994 -2.0362
END OF SECTION 110
GP-0-52
9/30/2009
AC 150/5370-IOE
SECTION 120
NUCLEAR GAGES
148
120-01 TESTING. When the specifications provide for nuclear gage acceptance testing of material for Items P-
152, P-154, P-208, and P-209, the testing shall be performed in accordance with this section. At each sampling
location, the field density shall be determined in accordance with ASTM D 2922 using the Direct Transmission
Method. The nuclear gage shall be calibrated in accordance with Annex A!. Calibration and operation of the gage
shall be in accordance with the requirements of the manufacturer. The operator of the nuclear gage must show
evidence of training and experience in the use of the instrument. The gage shall be standardized daily in accordance
with ASTM D 2922, paragraph 8.
Use of ASTM D 2922 results in a wet unit weight, and when using this method, ASTM D 3017 shall be used to
determine the moisture content of the material. The moisture gage shall be standardized daily in accordance with
ASTM D 3017, paragraph 7.
The material shall be accepted on a lot basis. Each Lot shall be divided into eight (8) sub lots when ASTM D 2922 is
used.
120-02. When PWL concepts are incorporated, compaction shall continue until a PWL of 90 percent or more is
achieved using the lower specification tolerance limits (L) below.
The percentage of material within specificatiou limits (PWL) shall be determined in accordance with the procedures
specified in Section 110 of the General Provisions.
The lower specification tolerance limit (L) for density shall be:
Specification Item Number
Item P-152
Item P-154
Item P-208
Item P-209
Specification Tolerance (L) for Density, (percent oflaboratory maximum)
90.5 for cohesive material, 95.5 for non-cohesive
95.5
97.0
97.0
If the PWL is less than 90 percent, the lot shall be reworked and recompacted by the Contractor at the Contractor's
expense. After reworking and recompaction, the lot shall be resampled and retested. Retest results for the lot shall
be reevaluated for acceptance. This procedure shall continue until the PWL is 90 percent or greater.
120-03 VERIFICATION TESTING. (For Items P-152 and P-154 only.) The Engineer will verifY the maximum
laboratory density of material placed in the field for each lot. A minimum of one test will be made for each lot of
material at the site. The verification process will consist of; (1) compacting the material and determining the dry
density and moisture-density in accordance with [ASTM D 698 for aircraft gross weights less than 60,0000 pounds]
[ASTM D 1557 for aircraft gross weights 60,000 pounds or more], and (2) comparing the result with the Isboratory
moisture-density curves for the material being placed. This verification process is commonly referred to as a "one-
point Proctor". If the material does not conform to the existing moisture-density curves, the Engineer will establish
the laboratory maximum density and optimum moisture content for the material in accordance with [ASTM D 698
for aircraft gross weights less than 60,0000 pounds] [ASTM D 1557 for aircraft gross weights 60,000 pounds or
more].
Additional verification tests will be made, if necessary, to properly classifY all materials placed in the lot.
The percent compaction of each sampling location will be determined by dividing the field density of each sub lot by
the Isboratory maximum density for the lot.
END OF SECTION 120
GP-G-53
AC 150/5370-IOE
GP-G-54
9/30/.1-4 B
14B
e&,County
~. -
Adrrinistrative Services Division
Purchasing
Email: scottjohnson@colliergov.net
Telephone: (239) 252-8995
FAX: (239) 252-6588
ADDENDUM
Memorandum
Date:
May 24. 2009
From:
Scott D. Johnson, Purchasing Agent
To:
Interested Bidders
Subject:
Addendum #3 -ITB #10-5498
"Marco Island Executive Airport Construction of Taxiway and Ramp Expansion"
The following clarifications are issued as Addendum #2 identifying the following change
(s) for the referenced bid:
. Delete Exhibit 0
If you require additional information please post a question on the eBid site or contact me
(contact information above).
c: Robert Tweedie
AddendumTempfate
Revised: 3/25/09
1
14B
Colt,. County
~-- ..~
Adninislralive Services Division
Purchasing
Email: scottjohnson@colliergov.net
Telephone: (239) 252-8995
FAX: (239) 252-6588
ADDENDUM
Memorandum
Date:
May 21.2009
From:
Scott D. Johnson, Purchasing Agent
To:
I nterested Bidders
Subject:
Addendum #2 - ITB #10-5498
"Marco Island Executive Airport Construction of Taxiway and Ramp Expansion"
The following clarifications are issued as Addendum #2 identifying the following change
(s) for the referenced bid:
Modification to the technical specifications
1) Delete table of content and
Replace with the revised table of content.
2) Delete item 104 "Prevention, control. and abatement of erosion and water pollution".
3) Delete item 145 "Geosyntetic reinforcement" and
Replace with the revised item 145 "Geosyntetic reinforcement".
4) Delete item 160 "Stabilizing".
5) Delete item 327 "Milling of existing asphalt pavement".
6) Add new item P-150 "Asphalt and concrete pavement milling".
7) Delete item 530 "Riprap" and
Replace with the revised item 530 "Riprap"
8) Add new item P-156 "Temporary air and water pollution. soil erosion, and siltation
control".
AddendumTemplate
Revised: 3/25/09
1
148
9) Delete item P-620 "Runway and taxiway painting" and
Replace with the revised item P-620 "Runway and taxiway painting".
Modification to drawinas
1) Delete drawing Sheet No. C-2 "Summary of quantities and index of drawings" and
Repace with the revised Sheet No. C-2 "Summary of quantities and index of
drawings"
2) Delete drawing Sheet No. C-4 "Project Layout, clearing and grubbing plan
Repace with the revised Sheet No. C-4 "Project Layout, clearing and grubbing plan
3) Delete drawing Sheet No. C-14 "Typical sections" and
Repace with the revised Sheet No. C-14 "Typical sections".
Response to Questions
1) Were on the plans do you show relocating the existing utilities?
On plan sheet C-7:
-Demolition key legend numbers 1. 2, 5. and 7: These utilities will be relocated close to the
northwest corner of the 6 units hangar. Final utilities location shall be directed by AlE in the
field upon approval by the City Utility Owner.
-Demolition key legend number 12: The existing cover marker shall be re-installed at the
new grade elevation above the existing cables.
-Demolition key legend numbers 16 and 36: Water line utilities will be installed at the same
location and shall have a minimum cover of 36", contractor shall conform to Collier County
Code for piping and components requirements (see attachment A "Design criteria for
potable water. non-potable irrigation water and wastewater facilities". 'Technical
specification for PVC pipe and fittings". and "Pipe separation detail").
2) Will FPL advise what they will be doing for electrical primary revisions?
The contractor shall coordinate this work with FP&L. See general note 3 on plan sheet
E-2.
3) What is included in item # 56, is only plan sheet E-1 included?
All electrical work shown on plan sheets E-1, E-2, and E-3 is part of the pay item #56.
4) Will the Pre Bid sign in sheet and the walkthru sign in sheet be available on line?
It can be requested directly from the County
148
5) Will site storage be made available for material and equipment storage?
Yes. see plan sheet C-4 for the contractor staging area. Final location shall be coordinated
with the airport personnel
6) Will there be a clean fresh water source be made available?
A clean water source will be available. however a meter will have to be installed by the
contractor at no additional cost to the owner, and payment for the water use will be back
charged to the contractor unless the County approves different.
7) Will the watering of seed after it is applied be acceptable?
The contractor shall comply with the technical specification T-904 and shall be accepted by
AlE prior final payment.
8) What variety of bermuda seed is specified?
See technical specification T-901 for the type of seed that contractor can use.
9) Please verify that the proposed 2" duct banks placed under the new pavement (pay items L-ll0-5.1 & L-
110-5.2) are not concrete encased.
They are not concrete encased.
10) Item #44, Ll08-5.1 Cable Trench: The specifications indicate that this item should include trench only,
with any conduit paid under the L-110 items. The two L-ll0 items that are included on the schedule of bid
items are for the quantities of conduit under the new pavement. This would indicate the new L-824 cable is
to direct bury. However, the plans (legend note sheet C-15 and details sheet C-21) indicate that the new L-
824 cable is to be installed in 2" PVC conduit. Which installation method is correct and if we are to install in
2" conduit, under which item is this conduit paid for?
The cable will be installed in 2" PVC and the new quantity is reflected in item L-ll0-5.1: 9,354lF.
10) How will the actual quantity of soil mixing be measured for payment? 2. Will any "means and
methods" other than specified be considered for the soil mixing?
Method of Measurement
The quantity to be paid for will be the volume of soil treated and accepted. as logged in
the records of the mixing operation and verified by the Engineer.
The quantities should also be confirmed by the owner's representative as described in
section 9.0-Records and Certification. Please see below.
148
9.0 Records and Certification
The Contractor shall provide the Engineer records of the mixing operations on a daily
basis. For each area treated, these records will include the location of the area mixed, the
binder details, the depth of mixing. the start time, finish time. binder injection rate,
amount of binder injected. speed of the mixing tool during injection, and descriptions of
any obstructions. interruptions, or remedial measures.
The owner will also contract with a qualified enqineer to provide QNQC. testinq, testinq
observation and qeneral observation. The contractor is to coordinate testinq and provide
information directlv to the enqineer as directed by the owner.
Question 2
"Any means and methods" other than specified will not be accepted.
12) Is a floridastate builders license acceptable to bid this?
The Contractor shall have the qualification required by the County to bid this project - Verify with
the purchasing department
All items and conditions of the original contract documents shall remain unchanged.
Exhibit 0 shall not supersede any County provisions instead should only enhance the
County provision.
Modification to the contract documents
Add at the end of PUBLIC NOTICE "INVITATION TO BID" on Sheet GC-PN-2 after "....without the
consent of the successful Bidder." the fOllowing Paragraph
"Construction under this contract will be funded, in part, by Federal Grant under Airports
Improvements Program (A.I.P) and will be subject to all applicable requirements of the U.S.
Department of Transportation/Federal Aviation Administration.
Wages paid to employees must comply with the minimum established by the U.S.
Department of Labor Wage Determination. The contractor must comply with the Davis-
Bacon Act, Anti-Kickback Act, the Occupational Safety and Health Act, the Contract Work
Hours and Safety Standard Act, Title VI of the Civil Rights Act of 1964 and Executive Order
11246.
The Collier County Airport Authority has an approved Disadvantage Business Enterprise
(DBE) program for Airports Improvements projects which the successful bidder must
comply with. A copy of the program may be reviewed at the office of the Collier County
Airport Authority during business hours, with specific goals for this job being listed within
the contact documents
148
Add at the end of Section 2 "Preparation of bids" on Sheet GC-1 B-2 after" ... bidder unopened and
shall not be considered." the following Paragraph
Each bid must be prepared in strict accordance with the requirements of Section 20 of General
Conditions of these specifications.
The bidder is specifically advised that any person, firm, or other party to whom it proposes to
award a subcontract under this contract:
a) Must be acceptable to the Owner, the Federal Aviation Administration, and the
Florida Department of Transportation, Aviation Division, and;
b) Must submit Certification bv Provosed Subcontractor Reflardinfl Equal Emvlovment
Ovvortunitv. Approved of the proposed subcontract award cannot be given by the Owner unless
and until the proposed subcontractor has submitted the Certification and/or the evidence showing
that it has fully complied with any reporting requirements to which it is or was subject. Although
the bidder is not required to attach such Certification by proposed subcontractor to his bid, the
bidder is here advised of this required so that appropriate action can be taken to prevent
subsequent delay in subcontract awards.
Delete Last sentence of section 9.2 on sheet GC-1 B-5 'This pTfnisisR sha!1lJe sulJjeGt ts
SeGtisR 2.3 sf the GeReral CSRditiSRS ts the Ag:-eemeRt."
Add a new Section after the end of Section 17 "Public Entity Crimes" on sheet GC-IB-7 as follows:
State and Federal Requirements
The Contractor shall comply with the following requirements and shall insert these
requirements in all subcontractors.
Equal Employment Opportunity: In connection with the carrying out of this project, the
Contractor shall not discriminate against any employee or application 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
payor other forms of compensation; and selection for training, including apprenticeship.
Women will be afforded equal opportunity in all areas of employment. However, the
employment of women shall not diminish the standard of requirements for the employment
of minorities.
1. Each bidder will be required to comply with the affirmative action plan for equal
employment opportunity prescribed by the OFCC, United States Department of Labor
(41 CFR 60)or by other designated trades used in the peiformance of the contract and
other non-:federally involved contracts in the area geographically defined in the plan.
14B
2. The Bidder agrees to abide by the requirements under Executive Orderno. 11246, as
amended, including specifically the provision of the equal opportunity clause.
3. The successful bidder with be required to submit a Certification of Nonsegregated
Facilities prior to award of a contract, and to notifY prospective subcontractors of the
requirement for such a certification where the subcontract exceeds $10,000. Samples
of the certification and notices to subcontractors appear in the specification.
4. When a determination has been made to award a contract or subcontract to a specific
contractor, such contractor is required, prior to the award or after the award, or both,
to furnish such other information as the FAA, the sponsor, or the Director of OFCC
requests.
5. A bidder must indicate whether he/she has previously had a contract subject to the
equal opportunity clause, and if not, compliance report (Standard Form (SF) 100)
must be submitted with his bid.
6. Equal Opportunity (EEO) and labor provisions, when applicable, are included in the
bidding documents of specifications and are available for inspection at the office of
the Collier County Airport Authority.
7. Contractors and subcontractors may satisfy EEO requirements of paragraph 2 of the
EEO Contract clause by stating in all solicitations or advertisements for employee
that:
"A qualified applicants will receive consideration for employment without regard to race, color,
language, sex or national origin. "
Or by using a single advertisement in which appears in clearly distinguished type, the phrase:
"an equal opportunity employer. "
8. A contractor having 50 or more employees and his subcontractors having 50 or more
employees and who may be awarded a subcontract of $50,000 or more will, within 120
days from contract commencement, be required to develop a written affirmative action
compliance program for each of its establishments (state and local government are
exempt).
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.
Restriction on Lobbying
Contractor Federal: The Contractor agrees that no funds have been paid by or will be paid by 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,
tlte making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and tlte extension, continuation, renewal, amendment or modification of
any federal contract, grant, loan or cooperative agreement.
14B
State: No funds received pursuant to this contract may be expended for lobbying the Legislature
or any state agency.
Add A new forms after the "BID BOND" sheet GC-P-13 as follows:
Prevailing Language: Wherever the terms and lor conditions of this Agreement and/or
Attachments duplicate or overlap, the provisions of the terms and/or conditions that are
most favorable to the County and/or provide the greatest protection to the County shall
govern.
BUY AMERICAN CERTIFICATE (JAN 1991)
By submitting a bid/proposal under this solicitation, except for those items listed by the
offeror below or on a separate and clearly identified attachment to this bid/proposal, the
offeror certifies that steel and each manufacture product, is produced in the United States
(as defined in the clause Buy American - Steel and Manufactured Products For
Construction contracts) and that components of unknown origin are considered to have
been produced or manufactured outside the United States.
Offerors shall refer to the lists of articles, materials, and supplies accepted from this
provision included in Exhibit I, Supplement General Provisions, pages 11-24 through 11-28
PRODUCT:
COUNTRY OF ORIGIN:
(Date)
(Name of Bidder)
14B
By:
Title:
EQUALEMPLOYMENTOPPORTUNITYCERTIRCATION
1. Section 60-1.7(b) of the Regulations of the Secretary of Labor requires each bidder or
prospective prime contractor and proposed subcontractor, where appropriate, to state in
the bid whether it has participated in any previous contract or subcontract subject to the
equal opportunity clause; and if so, whether is has filed with Joint Reporting Committee, the
Director, an agency, or the former President's Committee on Equal Employment
Opportunity all reports due under the applicable filling requirements. In any case in which a
bidder or prospective prime contractor or proposed subcontractor has participated in a
previous contract subject to the Executive Orders 10925, 11114, or 11246 and has not filed
a report due under the applicable filing requirements, no contract or subcontract shall be
awarded unless such contractor submits a report covering the delinquent period or such
other period specified by the FAA or the Direcfor, OFCC.
2. To effectuate these requirements, the Bidder shall complete and sign the following
statements by checking the appropriate boxes.
a. The Bidder _ has _ has not participated in a previous contract subject to the
equal opportunity clause prescribed by Executive Order 10625, or Executive Order
11246, or Executive Order 11114.
b. The Bidder _ has _ has not submitted all compliance reports in connection
with any such contract due under the applicable filing requirements; and that
representation indicating submission of required compliance report signed by
proposed subcontractors will be obtained prior to award of subcontracts.
c. If the Bidder has participated in a previous contract subject to the equal
opportunity clause and has not submitted compliance reports due under applicable
filing requirements, the Bidder shall submit a compliance report on Standard Form
100, "Employee Information EEO-1" prior to the award of contract.
Dated:
, 2010
Legal Name of Person, Firm or Corporation
By:
Title:
148
DISADVANTAGED BUSINESS ENTERPRISES ASSURANCE
To meet the requirements of the US Department of Transportation Regulations Part 23 all
bidders will provide evidence of the methods they have used to meet the disadvantaged
owned and controlled business goal as published in the City of Naples Airport Authority
Disadvantaged Business Enterprise Plan and approved by the US Department of
Transportation.
The goal for utilization of Disadvantaged Business Enterprises for this project shall be III
of the total dollar value of the general contractor's bid.
The bidder shall submit WITH THE PROPOSAL, an assurance stating the percentages of
disadvantaged businesses they intend to employ on this project. At opening of bids, the
two (2) lowest apparent bidders, or as requested by the Owner, shall submit the following
information:
1. Name(s) of disadvantaged owned and controlled business subcontractor(s).
2. Description of work that each is to perform.
3. Dollar value of each proposed disadvantaged business subcontractor(s).
THE FOLLOWING STA TEMENT MUST BE COMPLETED AND EXECUTED BY ALL BIDDERS.
This firm assures that it will utilize no less than _ % Disadvantaged Business
Enterprise (DBE) participation for this project.
(Name of Bidder)
(Signature and Title)
(Date)
148
If you require additional information please post a question on the eBid site or contact me
(contact information above).
c: Robert Tweedie
148
MARCO ISLAND EXECUTIVE AIRPORT-COLLIER COUNTY
PARALLE TAXIWAY AND APRON EXPANSION
SCHEDULE OF BID ITEMS
19-May-10
I No. II Pay Item II Description II Unit II Quantity II Unit Price II Subtotal I
1 101-2.1 Mobilization Is 1 $ - $ -
2 P-156-5.1 Baled Hav laround inlet) Is 1 $ - $ -
3 P-156-5.2 Floatino Turbiditv Barrier If 5,407 $ - $ -
4 P-156-5.3 Staked Silt Fence If 586 $ - $ -
5 145-1 Geosvnthetic Reinforced Over Soft Soil IGeogrid) sv 43,351 $ - $ -
6 P-150-4.1 Milling existing asphalt pavement sy 8,413 $ - $ -
7 P.151-4.1 Clearino And Grubbino ac 13.46 $ - $ -
8 P-151-4.2 Existina Fire Hvdrant to be relocated ea 1 $ - $ -
9 P-151-4.3 Existing Water Meter to be relocated ea 1 $ - $ -
10 P.151-4.4 Existina Electrical Meter to be relocated ea 1 $ - $ -
11 P.151-4.5 Existing Electrical Awos Meter to be relocated ea 1 $ - $ -
12 P-151-4.6 Existing backflow preventer to be relocated ea 1 $ - $ -
13 P-151-4.7 Existina Reaulato~s Transformers to be relocated ea 2 $ - $ -
14 P-151-4.8 Existina Fence to be removed If 61 $ - $ -
15 P-151-4.9 Existing OillWater Separator to be modified to match proposed ea 1 $ - $ -
finish grade
16 P.151.4.10 Existina ASDhalt Pavement to be remDved sv 1.290 $ - $ -
17 P-151-4.11 Existina Orainaae Structure and PiDe to be removed Is 1 $ - $ .
18 P-151-4.12 Existing Electrical Box to be relDcated ea 1 $ - $ .
19 P-151-4.13 Existing Concrete Monument to be modified to match proposed ea 1 $ - $ -
finish grade
20 P-152-4.1 Unclassified Excavation cv 47,000 $ - $ -
21 P-152-4.2 Unsuitable Excavation NIC cv - $ . $ -
22 P-152-4.3 Borrow Excavation cv 105000 $ - $ -
23 P-211-5.1 12" Limerock Base Course sv 41.619 $ - $ -
24 P-401-8.1 4" Bituminous Surface Course (314" Maximum Aggregate) sv 35.027 $ - $ -
25 P-401-8.2 1 112" Overlav bituminous surface course sv 8,413 $ . $ -
26 P-602-5.1 Bituminous Prime Coat aal 17.514 $ - $ -
27 P-603-5.1 Bituminous Tack CDat aal 1,262 $ - $ -
28 P-620-5.1 Final Markin9 (yellow or white with reflective beads Type III. at sf 4.539 $ - $ -
100% aDDlication rate)
29 0-701-5.1 18" Reinforced Concrete PiDe If 14 $ - $ -
30 0-701-5.2 24" Reinforced Concrete Pipe If 608 $ - $ -
31 0-701-5.3 36" Reinforced Concrete Pipe If 226 $ . $ -
32 0-701-5,4 42" Reinforced Concrete Pipe If 316 $ - $ -
33 0-701-5.5 48" Reinforced Concrete PiDe If 147 $ - $ .
34 0.701-5.6 8" Polvvinvl Choride PiDe If 30 $ - $ -
35 0-703-5.1 Trench Drain (aircraft rated) If 630 $ - $ -
36 0-751-5.1 Inlet Tvpe "G" (aircraft rated) ea 7 $ - $ -
37 0-751-5.2 ManhDle TVDe J-7 (aircraft rated) ea 4 $ - $ -
7-Ft Type "E" Galv. Chain Link Fence w/galv. posts, tDp rail, No.
38 F-162-5.1 7 ga. bottom tension wire and 3 strands of galv. barbed wire on if 225 $ - $ -
type "1" extension arms (fabric. posts and all fence parts coated
in black DVC. installed in turf or oavement)
39 T-901-5.1 Seedina ac 16.36 $ - $ .
40 T-904-11.1 Sodding sv 16.164 $ - $ -
C:\Oocuments and Settings\lynwood\Local Settings\Temporary Internet Files\Content.lE5\179UNF4S\1 0-5498 addendum -
Revised Bid Schedule[1].xls
148
Guidance Sign. One Module. Single Face. Size I, complete with
foundation. This shall include new foundation. L-867 base. brick.
41 L-100-A secondary extension lead cable. frangible couplings, lamps. L- ea 10 $ - $ -
823 connectors. anchor bolts. setting of anchor bolts. conduit.
tether, grounding identification tag and all incidentals
Guidance Sign. Two Modules. Single Face, Size I, complete with
foundation. This shall include new foundation. L-867 base. brick.
42 L-100-B secondary extension lead cable. frangible couplings, lamps. L- ea 5 $ - $ -
823 connectors, anchor bolts, setting of anchor bolts. conduit.
tether. grounding identification tag and all incidentals
Guidance Sign. Three Modules, Double Face. Size I, complete
with foundation. This shall include new foundation. L-867 base,
43 L-100-C brick. secondary extension lead cable, frangible couplings. lamps, ea 2 $ - $ -
L-823 connectors. anchor bolts. setting of anchor bolts. conduit.
tether. grounding identification tag and all incidentals
44 L-108-5.1 Cable Trench If 9,457 $ - $ -
45 L-108-5.2 Furnish and Install Cable (1/C, #8. 5kv. L-824 , Type C). In trench, If 15.318 $ - $
duct or conduit. comolete in olace -
46 L-108-5.3 Furnish and Install Counterpoise Wire (#6. bsd copper stranded), If 11.054 $ - $ -
600 volt with Qround rods. comnlete in Glace
47 L-110-5.1 1w2 Duct Bank 12" Pvc. Schedule 40. Tvne 1\ If 9354 $ - $ -
48 L-110-5.2 2w2 Duct Bank 12" Pvc. Schedule 40. -rvoe j) if 103 $ - $ -
49 L-125-5.1 Furnish and Install L-861 T Taxiway Edge Light (base mounted), ea 90 $ - $ -
comolete in olace
50 L-125-5.2 Remove Existing L-861 T Taxiway Edge Light (base or staked ea 27 $ - $
mounted), comolete in olace -
51 L-125-5.3 Replace Existing Runway Edge Light to a new semifiush L-850C ea 1 $ - $
(vellow) Runwav Edoe Liaht Base Mounted -
52 L-125-5,4 Furnish and Install Cable Junction Box (Side D, L-867, Class I. ea 5 $ $
load bearino) - -
53 Tie-Downs Cable If 1,400 $ - $ -
54 Concrete Tie-Downs ea 32 $ - $ -
55 Pioe Bollards ea 4 $ - $ -
56 Electrical Is 1 $ - $ -
57 Soil Mixina cv 80,952 $ - $ -
58 530-1 Riorac sv 1,289 $ - $ -
TOTAL $ -
C:IDocuments and SettingsllynwoodlLocal SettingslTemporary Internet Files1Content.lE5\179UNF4S110-5498 addendum-
Revised Bid Schedule[1].xls
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148
MARCO ISLAND EXECUTIVE AIRPORT
AIRPORT CONSTRUCTION SAFETY PLANNING GUIDE
Aviation Safety Requirements During Construction
1. GENERAL SAFETY REQUIREMENTS.
Throughout the construction project, the following safety
and operational practices should be observed:
. Operational safety should be a standing agenda
item during progress meetings throughout the
construction project.
. The contractor and airport operator must 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 should remain in
use by aircraft to the maximum extent possible.
. Aircraft use of areas near the contractor's work
should be controlled to minimize disturbance to
the contractor's operation.
. Contractor, subcontractor, and supplier
employees or any unauthorized persons must be
restricted from entering 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 operator, 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 airport operator, verifY the cancellation of all
notices issued via the NOT AM System. Throughout the
duration of the construction project, the contractor must-
a. Be aware of and understand the safety problems
and hazards described in AC 150/5370-2, Operational
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 any unsafe or potentially unsafe conditions as
soon as they are discovered.
3. APPROACH CLEARANCE TO RUNWAYS.
Runway thresholds must provide an unobstructed
approach surface over equipment and materials. (Refer to
Appendix 2 in AC 15015300-13, Airporr Design, for
guidance in this area.)
4. RUNWAY AND TAXIWAY SAFETY AREA
(RSA AND TSA).
Limit construction to outside of the approved RSA, as
shown on the approved airport layout plan-unless the
runway is closed or restricted to aircraft operations,
requiring a lesser standard RSA that is equal to the RSA
available during construction (see AC 150/5370-2 for
exceptions). Construction activity within the TSA 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 NOT AMs are in effect for the activity (see AC
150/5300-13 for wingtip clearance requirements). The
NOT AM should state that, "personnel and equipment are
working adjacent to Runway 17-35."
a. Procedures for protecting runwsy 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
14B
that is equal to the RSA available during
construction.
. Coordinate construction activity with the
Airport Traffic Control Tower (A TCT) and
FAA Regional Airports Division Office or
Airports District Office, and through the
airport operator, issue an appropriate
NOTAM.
. Prevent personnel, material, and/or
equipment, as defined in AC 150/5300-13,
Paragraph 306, "Obstacle Free Zone
(OFZ)," from penetrating the OFZ.
Complete the following chart to derermine the area rhat must be proteered along rhe runway edges:
17
B
II
75'
35
B
II
75'
*See AC 150/5300-13, Airport Design, to complete the chart for a specific runway.
b. Procedures for protecting 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 an RSA that is equal to the RSA
length available during construction in
accordance with AC 150/5300-13. This
may involve the use of declared distances
and partial runway closures (see AC
150/5370-2 for exceptions).
. Prevent personnel, material, and/or equipment,
as defined in AC 150/5300-13, from penetrating
the obstacle-free zone.
. Ensure all personnel, materials, and/or
equipment are clear of the applicable
threshold siting criteria surface, as defmed
in Appendix 2, "Threshold Siting
Requirements," of AC 15015300-13.
. Ensme adequate distance for blast protection. is
provided, as needed.
. Coordinate construction activity with the A TCT
and FAA Regional Airports Division Office or
Airports District Office, and through the airport
operator, 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 andjet blast characteristics of
aircraft and incorporate safety measures for
construction workers in the contract documents.
Complete the following charr to determine the area rhat must be protected before rhe runway threshold:
Aircraft
Approach
Category*
Minimum Safety Area
Prior to the Threshold*
Minimum Unobstructed
Approach Slope
A, B, C, or D
17
II
B
300 FEET
34 : 1 to (threshold)
35
II
B
300 FEET
34 : I to (threshold)
*See AC 150/5300-13, Airport Design, to complete the chart for a specific runway.
A-2
5. MARKING AND LIGHTING FOR
TEMPORARY THRESHOLDS.
Marking and lighting for a temporary threshold is -",is
not _X_required. The airport owner or contractor, as
specified in the contract, will furnish and maintain
markings for temporary thresholds. Precision approach
path indicators (P APIs) or runway end identification
lights (REIL) are-",are not~ required. The airport
owner or contractor, as specified in the contract, will
furnish and install all temporary lighting. Include
appropriate items per AC 150/5370-2, Chapter 3, "Safety
Standards and Guidelines." If marking and lighting for
the temporary threshold is not required, delete this
section of the safety plan. If visual aids and/or markings
are necessary, provide details. (Include applicable 14
CFR parr 77 surfaces in the conrract documents.)
6. CLOSED RUNWAY MARKINGS AND
LIGHTING.
The following must be specified for closed runways.
Closed runway marking are X lare not~ required.
Closed runway markings will be as shown on the plans
X las furnished by the airport owner X lother~
(specifY). Barricades, flagging, and flashers are X lare
not~required at Taxiway X and Runway X and will be
supplied by the airport -",other contractor (specifY).
7. HAZARDOUS AREA MARKING AND
LIGHTING.
Hazardous areas on the movement area will be marked
with barricades, traffic cones, flags, or flashers (specifY).
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 red
flashing or steady-burning lights (specifY). The
hazardous area marking and lighting will be supplied by
the airport operator/contractor, as specified in the
contract, and will be depicted on the plans.
8. TEMPORARY LIGHTING AND MARKING.
Airport markings, lighting, andlor signs will be altered in
the following manner (specifY) during the period from
~ to __' The alterations are depicted on the
plans.
9. VEHICLE OPERATION MARKING AND
CONTROL.
Include the following provisions in the construction
contract, and address them in the safety plans:
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 will be escorted
and properly identified. To operate in those areas during
148
daylight hours, the vehicle must have a flag or beacon
attached to it. Any vehicle operating on the movement
areas during hours of darkness or reduced visibility must
be equipped with a flashing dome-type light, the color of
which is in accordance with local or state codes.
b. It may be desirable to clearly identifY the
vehicles for control purposes by either assigned initials or
numbers that are prominently displayed on each side of
the vehicle. The identification symbols should be at
minimum 8-inch (20-cm) block-type characters of a
contrasting color and easy to read. They may be applied
either by using tape or a water-soluble paint to facilitate
removal. Magnetic signs are also acceptable. In addition,
vehicles must display identification media, as specified in
the approved security plan. (This section should be
revised to conform to the airport operator '5
requirements.)
c. Employee parking shall be
(specifY
location), as designated by the airport manager XI project
engineer~_~/other _ (specifY).
d. Access to the job site shall be via
(specifY route), as shown on the plans X Idesignated by
the engineer ~designated by the
superintendent_/designated by the airport
manager~other__ (specifY).
e. At 14 CFR part 139 certificated and towered
airports, all vehicle operators having access to the
movement area must be familiar with airport procedures
for the operation of ground vehicles and the consequences
of noncompliance.
f. If the airport is certificated andlor has a security
plan, the airport operator should check for guidance on
the additional identification and control of construction
equipment.
10. NA VIGA T10NAL AIDS.
The contractor must not conduct any construction activity
within navigational aid restricted areas without prior
approval from the local FAA Airway Facilities sector
representative. Navigational aids include instrument
landing system components and very high-frequency
omnidirectional range, airport surveillance radar. Such
restricted areas are depicted on construction plans.
II. LIMITATIONS ON CONSTRUCTION.
Additional limitations on construction include~
a. Prohibiting open-flame welding or torch cutting
operations unless adequate fire safety precautions are
provided and these operations have been authorized by
the airport operator (as tailored to conform to local
requirements and restrictions).
b. Prominently marking open trenches, excavations,
and stockpiled materials at the construction and lighting
these obstacles during hours of restricted visibility and
darkness.
c. Marking and lighting closed, deceptive, and
hazardous areas on airports, as appropriate.
d. Constraining stockpiled material to prevent its
movement as a result of the maximum anticipated aircraft
blast and forecast wind conditions.
12. RADIO COMMUNICATIONS.
Vehicular traffic located in or crossing an active
movement area must have a working two-way radio in
contact with the control tower or be escorted by a person
in radio contact with the tower. The driver, through
A-4
148
personal observation, should confmn that no aircraft is
approaching the vehicle position. Construction personnel
may operate in a movement area without two-way radio
communication provided a NOTAM is issued closing the
area and the area is properly marked to prevent
incursions. Two-way radio communications are X lare
not_required between contractors and the Airport
Traffic Control Tower -------..-rF AA Flight Service
Station _...I Airport Aeronautical Advisory Stations
(UNICOM/CT AF) 122.9 M.H.Z. Radio contact is X lis
not_ required between the hours of7:00 am and 7:00
.mn. Continuous monitoring is required _lor is
required only when equipment movement is necessary in
certain areas __" (This section may be tailored to suit
the specific vehicle and safety requirements of the airport
sponsor.)
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.
FAA NOTAM#
AIRPORT I.D. #
APPENDIX 4. SAMPLE NOTAM
NOT AM TEXT:
NOTIFICATON:
# # # # TOWER
PHONE #
# # # # FSS
PHONE #
CANCELLED:
NOTIFICATON:
# # # # TOWER
PHONE #
# # # # FSS
PHONE #
INITIALS
INITIALS
TIME
TIME
AIRLINES
AIRPORT
DATE:
TIME:
CALLED IN BY
CALLED IN BY
INITIALS
INITIALS
TIME
TIME
AIRLINES
CALLED IN BY
CALLED IN BY
14B
148
Co. County
~....~
Adrrirlsllative Services Division
Purchasing
Email: scottjohnson@colliergov.net
Telephone: (239) 252-8995
FAX: (239) 252-6588
ADDENDUM
Memorandum
Date:
May 13.. 2009
From:
Scott D. Johnson, Purchasing Agent
To:
Interested Bidders
Subject:
Addendum #1 - ITB #1 0-5498
"Marco Island Executive Airport Construction of Taxiway and Ramp Expansion"
The following clarifications are issued as Addendum #1 identifying the following change
(s) for the referenced bid:
1. Site Visit will be held May 14. 2010 @ 10:00 am. Participants should meet at the
airport tenminal building located at 2005 Mainsail Drive.
If you require additional information please post a question on the eBid site or contact me
(contact information above).
c: Robert Tweedie
AddendumTemplate
Revised; 3/25/09
1
148
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
Marco Island Executive Airport Construction of Taxiway and Ramp Expansion
BID NO.1 0-5498
Full Name of Bidder DeAngelis Diamond Construction Ine.
Main Business Address 6635 willow Park Drive Naples, Fl 34109
Place of Business
Collier County
Telephone No. 239-594-1994 Fax No. 239-594-1995
State Contractor's License # CGC058S00
State of Florida Certificate of Authority Document Number P6000008535
Federal Tax Identification Number
65-0634426
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 seNices
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.
GC-P-1
l4B
BID SCHEDULE
Marco Island Executive Airport Construction of Taxiway and Ramp Expansion
Bid No. 10-5498
Please insert your prices online via www.colliergov.netJbid
GC-P-2
148
MARCO ISLANO EXECUTIVE AIRPORT-COLLIER COUNTY
PARALLE TAXIWAY ANO APRON EXPANSION
SCHEOULE OF BIO ITEMS
19-May-10
No. Pay Item Oescription Unit Price Subtotal
1 101-2.1 Mobilization Is 1 $ 342.055.77 $ 342.055.77
2 P-156-5.1 Baled Hav (around inlet) Is 1 $ 772.50 $ 772.50
3 P-156-5.2 Floating Turbidity Barrier If 5,407 $ 5.15 $ 27.846.05
4 P-156-5.3 Staked Silt Fence If 586 $ 2.06 $ 1.207.16
5 145-1 Geosvnthetic Reinforced Over Soft Soil (Geogrid) sv 43,351 $ 2.51 $ 108,949.73
6 P-150-4.1 Millino existino asohalt Davement sv 8,413 $ 1.96 $ 16,464.24
7 P-151-4.1 Clearina And Grubbina ac 13.46 $ 1.545.00 $ 20,795.70
8 P-151-4.2 Existino Fire Hvdrant to be relocated ea 1 $ 1.176.67 $ 1.176.67
9 P-151-4.3 Existina Water Meter to be relocated ea 1 $ 803.40 $ 803.40
10 P-151-4.4 Existing Electrical Meter to be relocated ea 1 $ 1,359.60 $ 1.359.60
11 P-151-4.5 Existina Electrical Awes Meter to be reiocated ea 1 $ 1,359.60 $ 1.359.60
12 P-151-4.6 Existing backflow oreventer to be relocated ea 1 $ 1,416.25 $ 1,416.25
13 P-151-4.7 Existina Reaulator's Transformers to be relocated ea 2 $ 9,505.87 $ 19.011.74
'14 f'ot~a Existino'Fencetabe removed . '- If ' '61 "$ - ..'.4.12 $'- - 25'1:32' -
15 P-151-4.9 Existing OillWater Separator to be modified to match proposed ea 1 $ 1,030.00 $ 1,030.00
finish orade
16 P-151-4.10 Existing ASDhalt Pavement to be removed sv 1,290 $ 2.06 $ 2.657.40
17 P-151-4.11 Existina Orainaae Structure and Pioe to be removed Is 1 $ 1,081.50 $ 1,081.50
18 P-151-4.12 Existino Electrical Box to be relocated ea 1 $ 3,400.03 $ 3,400.03
19 P-151-4.13 Existing Concrete Monument to be modified to match proposed ea 1 $ 309.00 $ 309.00
finish orade
20 P-152-4.1 Unclassified Excavation cy 47,000 $ 1.79 $ 84,308.85
21 P-152-4.2 Unsuitable Excavation NIC cv - $ -
22 P-152-4.3 Borrow Excavation cy 105,000 $ 6.51 $ 683.590.40
23 P-211-5.1 12" Limerock Base Course sv 41,619 $ 10.09 $ 420.102.19
24 P-401-8.1 4" Bituminous Surface Course (3/4" Maximum Aggregate) sv 35.027 $ 17.97 $ 629,557.78
25 P-401-8.2 1 1/2" Overiav bituminous surface course sv 8,413 $ 7.57 $ 63.690.62
26 P-602-5.1 Bituminous Prime Coat qal 17.514 $ 2.32 $ 40,588.70
27 P-603-5.1 Bituminous Tack Coat aal 1,262 $ 2.32 $ 2,924.69
28 P-620-5.1 Final Marking (yellow or white with reflective beads Type III, at sf 4.539 $ 1.32 $ 5.984.22
100% aooiication rate)
29 0-701-5.1 18" Reinforced Concrete Pipe If 14 $ 29.47 $ 412.56
30 0-701-5.2 24" Reinforced Concrete Pice If 608 $ 34.25 $ 20.822.48
31 0-701-5.3 36" Reinforced Concrete Pipe If 226 $ 62.58 $ 14.143.71
32 0-701-5.4 42" Reinforced Concrete Pioe If 316 $ 84.67 $ 26,754.46
33 0-701-5.5 48" Reinforced Concrete Pipe If 147 $ 101.87 $ 14.974.45
34 0-701-5.6 8" POlYVinyl Choride Pipe If 30 $ 19.31 $ 579.38
35 0-703-5.1 Trench Drain (aircraft rated) If 630 $ 196.73 $ 123,939.90
36 0-751-5.1 Inlet Tvoe "G" laircraft rated) ea 7 $ 9.512.05 $ 66.58435
37 0-751-5.2 Manhole TVDe J-7 (aircraft rated) ea 4 $ 5,134.55 $ 20,538.20
7-Ft Type"E" Galv. Chain Link Fencewlgaiv. posts. top rail. No.
38 F-162-5.1 7 9a. bottom tension wire and 3 strands of galv. barbed wire on If 225 $ 21.37 $ 4.808.81
type "1" extension arms (fabric. posts and all fence parts coated
in black pvc. installed in turf or pavement)
39 T-901-5.1 Seedina ac 16.36 $ 1,413.30 $ 23.121.66
40 T-904-11.1 Soddino sv 16,164 $ 1.39 $ 22,476.04
W:IEstimating & PreconstructionlCommerciai JobslMarco Island Executive Airport Taxiway Construction and Ramp
ExpansionlOOCI 06-08-10 Bid Tabs Revised Bid Schedule from Owner
14B
Guidance Sign. One Module. Single Face. Size I. complete with
foundation. This shali include new foundation. L-867 base. brick.
41 L-100-A secondary extension lead cable, frangible couplings. lamps. L- ea 10 $ 3.995.78 $ 39,957.82
823 connectors. anchor bolts. setting of anchor bolts, conduit,
tether. grounding identification tag and all incidentals
Guidance Sign, Two Modules. Singie Face. Size I, complete with
foundation. This shall inciude new foundation. L-867 base. brick.
42 L-100-B secondary extension lead cable, frangible coupiings. lamps, L- ea 5 $ 4,762.51 $ 23,812.57
823 connectors. anchor bolts, setting of anchor bolts. conduit.
tether, grounding identification tag and all incidentais
Guidance Sign, Three Modules. Double Face. Size I, complete
with foundation. This shall include new foundation, L-867 base,
43 L-100-C brick. secondary extension lead cable. frangible couplings. ea 2 $ 5,597.02 $ 11,194.04
lamps. L-823 connectors. anchor bolts. setting of anchor bolts,
conduit. tether. grounding identification tag and all incidentais
44 L-108-5.1 Cable Trench If 9,457 $ 7.13 $ 67,42380
45 L-108-5.2 Furnish and Install Cable (1IC, #8, 5kv. L-824. Type C). In If 15,318 $ 0.95 $ 14,476.65
trench. duct or conduit. comolete in olace
46 L-108-5.3 Furnish and Install Counterpoise Wire (#6. bsd copper If 11.054 $ 1.11 $ 12,304.38
stranded). 600 volt with oround rods. comalete in alace
47 L-110-5.1 1w2 Duct Bankl2" Pvc, Schedule 40. TvDe j) If 9,354 $ 2,77 $ 25.865.36
48 .~-110-5.2 2w2 Duct Bank 12" pvc, Schedule 40. Tvae n , . . jf 103. $ 5,41 $ 55,_23
49 L-125-5.1 Furnish and Install L-861 T Taxiway Edge Light (base mounted). ea 90 $ 1,170.85 $ 105.376.21
comnlete in nlace
50 L-125-5.2 Remov~)Existing L-861 T Taxiway Edge Light (base or staked ea 27 $ 343.45 $ 9.273.09
mounted. comnlete in nlace
51 L-125-5.3 Replace Existing Runway Edge Light to a new semiflush L-850C ea 1 $ 1,744.82 $ 1,74482
{veil ow' Runwav Edae Liaht Base Mounted
52 L-125-5.4 Furnish and Install Cable Junction Box (Side D, L-867. Class I, ea 5 $ 780.33 $ 3,901.64
load bearina)
53 Tie-Downs Cable If 1,400 $ 2.37 $ 3,316.60
54 Concrete Tie-Downs ea 32 $ 257.50 $ 8.24000
55 Pine Bollards ea 4 $ 1,287.50 $ 5,150.00
56 Electrical Is 1 $ 37.865.89 $ 37,865.89
57 Soil Mixinn "" 80.952 $ 34.06 $ 2,757.395.12
58 530-1 Riorao sv 1,289 $ 7.21 $ 9,293.69
TOTAL $ 5.959,000.00
W:\Estimating & Preconstruction\Commercial Jobs\Marco Island Executive Airport Taxiway Construction and Ramp
ExpansionlDDCi 06-08-10 Bid Tabs Revised Bid Schedule from Owner
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 manufacture nd materials in Bid specifications)
S8 all manufacturers and materials
s.
Company:
Date:
06/09/10
Signature:
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.
Company:
Signature:
Date:
GC-P-3
148
14B
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/egal 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.
Major Category of Work
~.... (.l 'ft.!. ~..~ E.A'e.-T\U,I302.-1t-
Subcontractor and Address
2
Sou," f''''o~1>1\ lC:t~jI."TIo'"
3.
SOL"- M\XU3La
~"'I...,jI,~ ~lI.G.'L
4.
ulo.)nc:~R..OO~ UTtL-1Tl<='s..
1!.~U4<.WI'-~~"'"
5.
S~t:> + 501:>
c.UUO" (.0/1& T Wtt>u:>
.ction Inc.
Date: 06/09/10
GC-P-4
14b
STATEMENT OF EXPERIENCE OF BIDDER
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
Ihe Agreement.
Proiect and Location
Pine Ridge Government Center
1. 15650 Pine Ridge Road Ft.Myers, Fl
Reference
Lee County Government
239-533-8303
South Regional Library
2. 8065 Lely Cultural Parkway Naples, FI
collier County
Hank Jones
239-774-8380
3.
Estero Fire & Rescue Administration
Building & Sitework
21500 Three Oaks Parkway Estero, PI
Estero Fire & Rescue District
Ed Dwyer
239-947~3473
Golden Gate Fire Rescue
Chief Donald Peterson
239-348-7540
4.
Golden Gate Fire Station #73 &
Central Admin. Headquarters
14579 Collier Blvd Naples, FI
5.
Golden Gate Library
4898 Coronado Parkway Naples, FI
Collier County
Blake Thomas
239-774-13380
6.
Lexington Middle School
Access Road & Sitework
16800 Bass Road Ft Myers, FI
School Board of Lee County
Bill Moore
239-479-4201
BY:
Dated
06/09/10
GC-P-5
14B
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:
Failure too::~:~:~ the above may result in the Bid being declared non?ponslve
Dated e onstru on Ine.
BY
GC-P-6
148
ccI$~r Coum)'
_...-..,'.--";",....-......,''''''''"'''-''_.~-.-,.=~"
AdlllnistraliVe ServiCES Division
=>Ur:ll;:locing
Affidavit for Claiming Status as a Local Business
BID #:10-5498 (CHECK ApPROPRIATE BOXES BELOW)
State of Florida (Select County if Vendor is described as a Local Business
lID Collier County
o Lee County
Vendor affirms thai il Is a local business as defined by the Purchasing Policy of the Collier County Board of County
Commissioners and the Regulations Thereto.
As defined in Section XI of the Collier County Purchasing Policy;
A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee
County for a minimum of one (1) year prior to a CoWer County bid or proposal submission that authorizes the
businefiS to provide the commodities or services to be purchased, and a physical business address located within
the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are
not verifiable and shall not be used for the purpose of establishing said physical address. tn addition to the
foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development
and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be
limited la, the retention and expansion of employment opportunities, the support and increase to either Collier or
Lee County's tax base, and residency of employees and principals ofthe business within Collier or Lee County.
Vendors shall affirm In writing their compliance with the foregoing at the time of submitting their bid or proposal to
be eligible for consideration as a "local business" under this section
Vendor must complete the following infonnation:
Year Business Established in rKICollier County or 0 Lee County: ~
Number of Employees (Including Owner(s) or Corporate Officers):
Number of Employees Living in Q9 Collier Co ry.y or 0 lee (Including Owner(s) or Corporate Officers): 24
If requested by the County,
this affidavit. Failure to d
48
Signature:
Inc -Dale:
06/09/10
Title. Vice President
IX! COLLIER COUNTY
D LEE COUNTY
Swomt
Jun
nd Subscribed Before Me, a Notary Public, for the above State and County, on this
10 .-;;41/L
a~ dO\~
,
9
Day of
Notary Public
My Commission Expires: ~h.
(AFFIX OFFICIAL SEAL)
''d\i1.~~ TARA BUSCHUA
!.'f~' .:~ MY COMMISSION * DO 964359
~:. :~S EXPIRES: February 23, 2014
~1Il"""'" BondedTIlruNolaryPublicUnderwrilers
. ",
GC-P-7
14b
ColN~r County
-_.----.,<,----~._~"'-------~
1,r:ininistraj~Je ServiCE.'; Dllisi8n
::..w:I1:;rh~
Immigration Affidavit Certification
Bid # :10M5498
Title: Marco Island Executive Airport Construction of Taxiway and
Ramp Expansion
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 Requesl for Proposals (RFP) submittals. Failure 10 include this Affidavit with
proposal will delay in Ihe consideration and reviewing of vendor's proposals and could result in the vendor's
proposal being deemed non-responsive.
Collier County will not intentionally award Counly 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 aCe) 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 10 abid Collier County Employment Eligibility Verification
System requirements regarding this so' italian.
Ine,
Company Name
Print Name
Signalure
entry
Title Vice President
Dale 06/09/10
STATE OF Florida
COUNTY OF rnll ier
The foregoing instrument was signed and acknowledged before me this ~day of June
20.l:..Q, by
who has produced
as identification.
,'~':i~''H::-. TARA BUSCt<<JR
f!'Ji.:f). MY COMMISSION It DO 964359
~~.~.W EXPIRES: February 23, 2014
""l.?I,P.I.,'fr,~ BoodedT~nJNoIaryPubicUnderv<<ilers
The signee of this Affidavit guarantees, as evidenced by the sworn affidavil required herein, the truth and accuracy
of this affidavit to interrogatories hereinafter made. Collier County reserves the right, at any time, to request
supporting documentation as evidence of the vendor's compliance with this sworn affidavit.
GC-P-8
148
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 jf 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 jf 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 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 two hundred forty (240) 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.
Respectfullv Submitted:
State of
County of
Florida
Collier
Norman Gentry , 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.
Norman Gentry
, also deposes and says that it
has examined 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.
(a) Corporation
The Bidder is
Florida
DeAngelis
as follows:
a corporation organized and
, which operates
Diamond Construction Inc.
eXisting under the laws of the State of
under the legal name of
, and the full names of its officers are
GC-P-9
148
President David Diamond
~.
Secretary John DeAngelis
Treasurer David Diamond
Manager Norman Gentry
Vice President)
The Vice President
contracts for the company
is authorized to sign construction bids and
by action of its Board of Directors taken
, a certified copy of which is hereto attached (strike out this
last sentence if not applicable).
N!A
The Bidder is a co-partnership consisting of individual partners whose full names are as follows:
(b) Co-Partnershio
The co-partnership does business under the legal name of:
(e) Individual N!A
The Bidder is an individual whose full name is
operating under a trade name, said trade name is
, and jf
DATED
legal entity
BY:
Witness
Name of Bidder (Typed)
Witness
Signature
Title
GC-P.10
14B
STATE OF
Florida
COUNTY OF
Collier
The foregoing instrument was acknowledged before me this ~ day of June , 2010,
by Norman Gentry , as Vi ~p PrF!Ri rlRnr of
DeAnqelis Diamond Construction IDe. , a Florida corporation, on behalf of the
corporation. He/she is personally known to me or has produced
personally known as identification and did
(did not) take an oath. A
My Commission Expires Q .d 3/ dO \ L1'~ lYJu !.1.])r ~1/\.-
(S~ign ture of N.otary)
,"~':?~:';."!<." TARA BUSCHUR 11 ,-.-
f."t.JJ:.~~ MY COMMISSION 100 964359 NAME: :L\Cl (10"'(' Jiv(
~':.~~s EXPIRES; February 23, 2014
?~fp'.';""~-~ BondedThruNolarypubiicUnderwriters (Legibly Printed)
'..,,1"
(AFFIX OFFICIAL SEAL)
Notary Public, State of 'FL
Commission No.:l>D c{loLj:sG~
GC-P-11
14t,
BID BOND
KNOW All MEN BY THESE PRESENTS, that we DeAnaelis Diamond
Construction. Inc. 6635 Willow Park Dr Naples. FL. 34109 (herein after called
the Principal) and Liberty Mutual Insurance Company. 175 Berkely Rd. Boston.
MA 02116 ,(herein called the Surety), a corporation chartered and existing
under the laws of the State of Massachusetts with its principal offices in the city
of Boston and authDrized to dD business in the State of
Florida are held and firm Iy bDund unto the CDllier CDunty
Purchasina Department 3301 Tamiami Trail. Naples. FL 34112 (hereinafter
called the Owner), in the full and just sum Df Five Percent of Total Bid dDllars
($ 5% of tDtal bid ) gODd and lawful mDney of the United States Df America, tD
be paid upon demand of the Owner, to which payment well and truly to be made,
the Principal and the Surety bind themselves, their heirs, and executors,
administrators, and assigns, jointly and severally and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid
for furnishing all labor, materials, equipment and incidentals necessary to furnish,
install, and fully complete the Work on the Project known as #10-5498:
Marco Island Executive Airport Construction of Taxiway and Ramp Expansion
Bid No. 10-5498
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL
and the PRINCIPAL shall enter into the required Agreement with the Owner and
within ten days after the date of a written Notice of Award in accordance with the
terms of such Bid, and give such bond or bonds in an amount of 100% the total
Contract Amount as specified in the Bidding Documents or Contract Documents
with good and sufficient surety for the faithful performance of the Agreement and
for the prompt payment of labor, materials and supplies furnished in the
prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into
such Agreement or to give such bond or bonds, and deliver tD Owner the required
certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum
of $ 5% of total bid noted above as liquidated damages, and not as a penalty, as
provided in the Bidding Documents, then this obligation shall be null and void,
otherwise to remain in full force and effect.
IN TESTIMONY Thereof, the Principal and Surety have caused these
presents to be duly signed and sealed this 20th day of Mav ,2010.
BY
(Seal)
Principal
(Seal)
Surety
Countersigned
Local Resident Producing Agent for Dawson of Florida, LLC, 1615 SE 47th
Terrace, Cape Coral. FL 33904
14B
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2633921
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
UBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company, pursuant to and by authority of the By.law and Authorization hereinafter set forth, does hereby name, constitute and appoint
D. MICHAEL SHERMAN, JOSEPH C. BRICKNER, MATTHEW D. BEVINS, STEVEN C. BUELTEL, ALL OF THE CITY OF
CAPE CORAL, STATE OF FLORIDA ..................................................................................................................................
........................................;.......,-..............................................................................................................._.~...................................
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, each individually if there be more than onel1arned, its trpe ~.nd lawful attorney-in-fact to make, exec~te, seal, acknowledge and deliver, for and on its
behalf as surew and as its act and:.dee.d, anv. an.- dall uncfert., akings, bonds, recognizances and othe(surety obligations in the penal sum not exceeding
SEVENTY FIVE MILLION ANDOOI100*~**..*u*********** . DOLLARS($ 75~OOO.OOO.OO*****: .. .. ) each, and the
execution of such undertakings, bcif1d~-,recognizances and other surety obligations, in pursuance of: these presElnts,,_shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company!n their own proper persons.
That this power is made and executed.pursuailt to and by authoTityof the following By-law and Authorization:
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company t6 make,
execqte, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact
Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys-in~fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
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That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 27th day of Auaust .. ,
?009
UBERTY MUTUAL INSURANCE COMPANY
0~'''.
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~"-&
Byr:2.-4,v- a?~
Garnet W, Elliott, Assistant Secretary
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
On this 27th day of August , 2009 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the aboVe
Power of Attorney and affixed the corporate seal of Uberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
~~si;~~~~r7tt::~~r. 119. . :O:~~'.i5i.~. .~..~ unto SUbs.c.ribed. m.Y n a.....me an. d.a. ff.. ix.e. d my notarial seal at Plymo. uth Meeting,..pe n. n sylvania, on the day and year
{:!.J~ '....-;q("t \. -1c;Q:~.Q~'!c~f~:~:7!~~~~.~~y~y1:~'AJ.. . ~~................. ~.. ................ .
OF T~.'''s~ P<1\llel:li. N,,1a''1 Publ;~
, PlyrnoulhT\\"p"t""l]l~G'TI;W>'Ccll~r,' By _... . ,
~ ~ ... \~.. . :':~,:.::~:~~~~:~_~~.~~~:.::~~ Teresa PasteJla, Notary Public
A ~~tvsY\..~~";:'>:.~. fMml:l~', f'"m')lh.,,-~..k5.~c,~t,~~cr No",;I.,
CERTiFICATE 'tJj;qi;'V pU~V I
I, the undersigned, Assistant ecretal)'olUberty Mutualln~urance Company; do hereby certify thatthe_-original po_We(of attorney of which the foregoing
is a full, true and correct copy, is in fullfqrceand effect on the date of this certificate; andldo further certify that the,Clfficer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or thepresident-to appoint"attorneys-in-fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this
""''''-'i ' 1..6l0 .
'2.0"'<'-
day of
<;;"'Y1'
1";''"0.'.
i~'F ".. 'c1':
~7'!Y
148
State: No funds received pursuant to this contract may be expended for lobbying the Legislature
or any state agency.
Add A new forms after the "BID BOND" sheet GC-P-13 as follows:
Prevailing Language: Wherever the terms and lor conditions of this Agreement and/or
Attachments duplicate or overlap, the provisions of the terms and/or conditions that are
most favorable to the County and/or provide the greatest protection to the County shall
govern.
BUY AMERICAN CERTIFICATE (JAN 1991)
By submitting a bid/proposal under this solicitation, except for those items listed by the
offeror below or on a separate and clearly identified attachment to this bid/proposal, the
offeror certifies that steel and each manufacture product, is produced in the United States
(as defined in the clause Buy American - Steel and Manufactured Products For
Construction contracts) and that components of unknown origin are considered to have
been produced or manufactured outside the United States.
Offerors shall refer to the lists of articles, materials, and supplies accepted from this
provision included in Exhibit I, Supplement General Provisions, pages 11-24 through 11-28
PRODUCT:
COUNTRY OF ORIGIN:
~/A
06/09/1 0
(Name of Bidder)
(Date)
14B
Title :Vice President
EQUAL EMPLOYMENT OPPORTUNITY CERTlFlCA TlON
1. Section 60-1.7(b) of the Regulations of the Secretary of Labor requires each bidder or
prospective prime contractor and proposed subcontractor, where appropriate, to state in
the bid whether it has participated in any previous contract or subcontract subject to the
equal opportunity clause; and if so, whether is has filed with Joint Reporting Committee, the
Director, an agency, or the former President's Committee on Equal Employment
Opportunity all reports due under the applicable filling requirements. In any case in which a
bidder or prospective prime contractor or proposed subcontractor has participated in a
previous contract subject to the Executive Orders 10925, 11114, or 11246 and has not filed
a report due under the applicable filing requirements, no contract or subcontract shall be
awarded unless such contractor submits a report covering the delinquent period or such
other period specified by the FAA or the Director, OFCC.
2. To effectuate these requirements, the Bidder shall complete and sign the following
statements by checking the appropriate boxes.
a. The Bidder lL has _ has not participated in a previous contract subject to the
equal opportunity clause prescribed by Executive Order 10625, or Executive Order
11246, or Executive Order 11114.
b. The Bidder L has _ has not submitted all compliance reports in connection
with any such contract due under the applicable filing requirements; and that
representation indicating submission of required compliance report signed by
proposed subcontractors will be obtained prior to award of subcontracts.
c. If the Bidder has participated in a previous contract subject to the equal
opportunity clause and has not submitted compliance reports due under applicable
filing requirements, the Bidder shall submit a compliance report on Standard Form
100, "Employee Information EEO-1" prior to the award of contract.
Dated:
06/09
2010
By: Norman Gent
Title: Vice President
14B
DISADVANTAGED BUSINESS ENTERPRISES ASSURANCE
To meet the requirements of the US Department of Transportation Regulations Part 23 all
bidders will provide evidence of the methods they have used to meet the disadvantaged
owned and controlled business goal as published in the City of Naples Airport Authority
Disadvantaged Business Enterprise Plan and approved by the US Department of
Transportation.
The goal for utilization of Disadvantaged Business Enterprises for this project shall be 3;!!%;
of the total dollar value of the general contractor's bid.
The bidder shall submit WITH THE PROPOSAL, an assurance stating the percentages of
disadvantaged businesses they intend to employ on this project. At opening of bids, the
two (2) lowest apparent bidders, or as requested by the Owner, shall submit the following
information:
1. Name(s) of disadvantaged owned and controlled business subcontractor(s).
2. Description of work that each is to perform.
3. Dollar value of each proposed disadvantaged business subcontractor(s).
THE FOLLOWING STA TEMENT MUST BE COMPLETED AND EXECUTED BY ALL BIDDERS.
This firm assures that it will utilize no less than "1.0 % Disadvantaged Business
Enterprise (DBE) participation for this project.
uction Inc
06/09/10
(Date)
148
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
7. Certificate of Authority to Conduct Business in State of Florida
8. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers
check has been included.
9. Any addenda have been signed and included.
10. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
11. The mailing envelope must be sealed and marked with:
<::>Bid Number; 10~5498
<::;>Project Name; Marco Island Executive Airport Construction of
Taxiway and Ramp Expansion
<::>Opening Date
12. The Bid will be mailed or delivered in time to be received no later than the specified
ooenino date and time, otherwise Bid cannot be considered.
ction Inc.
Date: 06/09/10
GC-P-14
148
Co11f:r County
Email: scottjohnson@colliergov.net
Telephone: (239) 252-8995
FAX: (239) 252-6588
Administrative Serv1ces Dfvisicn
Purchasing
ADDENDUM
Memorandum
Date:
May 13" 2009
From:
Scott D. Johnson, Purchasing Agent
To:
Interested Bidders
Subject:
Addendum #1-ITB #10-5498
"Marco Island Executive Airport Construction of Taxiway and Ramp Expansion'
The following clarifications are issued as Addendum #1 identifying the following change
(s) for the referenced bid:
1. Site Visit will be held May 14, 2010 @ 10:00 am. Participants should meet at the
airport terminal building located at 2005 Mainsail Drive.
If you require additional information please post a question on the eBid site or contact me
(contact information above).
c: Robert Tweedie
~,
AddendumTemplale
Revised: 3125109
1
14B
cortf:r County
Email: scottjohnson@colliergov.net
Telephone: (239) 252-8995
FAX: (239) 252-6588
Mninistrafule SerJices o,'vision
Purchasing
ADDENDUM
Memorandum
Date:
May 21, 2009
From:
Scott D. Johnson, Purchasing Agent
To:
Interested Bidders
Subject:
Addendum #2 - ITB #10-5498
"Marco Island Executive Airport Construction of Taxiway and Ramp Expansion"
The following clarifications are issued as Addendum #2 identifying the following change
(s) for the referenced bid:
Modification to the technical specifications
1) Delete table of content and
Replace with the revised table of content.
2) Delete item 104 "Prevention, control, and abatement of erosion and water pollution",
3) Delete item 145 "Geosyntetic reinforcement" and
Replace with the revised item 145 "Geosyntetic reinforcement".
4) Delete item 160 "Stabilizing",
5) Delete item 327 "Milling of existing asphalt pavement",
6) Add new item P-150 "Asphalt and concrete pavement milling",
7) Delete item 530 "Riprap" and
Replace with the revised item 530 "Riprap"
8) Add new item P-156 "Temporary air and water pollution, soil erosion, and siltation
control",
~
ii,
~j!I1!L"
~ddendumTemplate
evised: 3/25/09
1
'I
,
14B
Cortfr:r Cou.nty
Email: scoltjohnson@colliergov.net
Telephone: (239) 252-8995
FAX: (239) 252-6588
Administrative Services Division
PUfi:ha.sing
ADDENDUM
Memorandum
Date:
May 24, 2009
From:
Soott D. Johnson, Purchasing Agent
To:
Interested Bidders
Subject:
Addendum #3 -ITB #10-5498
"Marco Island Executive Airport Construction of Taxiway and Ramp Expansion"
The following clarifications are issued as Addendum #2 identifying the following change
(s) for the referenced bid:
. Delete Exhibit 0
If you require additional information please post a question on the eBid site or contact me
(contact information above).
c: Robert Tweedie
;/ pumTemPlate
r jJ17 "~'~
'1f!A
148
eof':rCounty
.~.... --
AdmlnistIallve Services DMsion
Porchas;ng
Email: scotljohnson@colliergov.net
Telephone: (239) 252-8995
FAX: (239) 252-6588
ADDENDUM
Memorandum
Date:
May 24, 2009
From:
Scott D. Johnson, Purchasing Agent
To:
Interested Bidders
Subject:
Addendum #4 -ITB #10-5498
"Marco Island Executive Airport Construction of Taxiway and Ramp Expansion"
The following clarifications are issued as Addendum #4 identifying the following change
(s) for the referenced bid:
. Add Exhibit "0" as clarified
If you require additional information please post a question on the eBid site or contact me
(contact information above). '
c: Robert Tweedie
1Ifr-
AddendumTempJate
Revised: 3/25/09
1
J4B
colrer Count;y
Email: scottjohnson@colliergov.net
Telephone: (239) 252-8995
FAX: (239) 252-6588
Administralive Services OMs ion
PUrdlasing
ADDENDUM 5
Memorandum
Date:
May 25,2010
From:
Scott D. Johnson, Purchasing Agent
To:
Interested Bidders
Subject:
Addendum #5 - ITS #10-5498
"Marco Island Executive Airport Construction of Taxiway and Ramp Expansion'
The following clarifications are issued as Addendum #5 identifying the following change
(s) for the referenced bid:
1. The proposal due date has been modified: Proposals are due at 2:30PM Naples
Local Time on Wednesday. June 9th, 2010.
2. Questions will be accepted until Tuesdav June 1st, 2010 until 12Noon Naples
Local Time.
If you require additional information please post a question on the eBid site or contact me
(contact information above).
c: Robert Tweedie
Add~;t. J mTemP.ratB
cl1~JT
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DEPARTMENT OF:,,::1ttrsi1.:iE~~fE(.,-.ANnPROFESSIONAL REGULATIONx;,~.. j"::~ ';';'\',':',0,::;.
CClNSTRUCTIONrJ::NDUSTRY; LICENSING BOARD ..........:. ..... ""';;;;'L.~
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The GENERAL "CONTRACTOR . .. ,-t.::.."..... .
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EXPi::::: ~a::~I:u: 31.'...20~r:i~~~t~l~f~;7'.'"
DEANGELIS DIAMOND .'CONSTRUGtj1IOn"ThrC ..
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BONITA SPRINGS FL 3413!;i
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DEPARTMENT OF :atrS3:NESS'AN.DPROFESSIONAL REGULATION
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The GENERAL CONTRACTOR . .;::.' .. .
Named below IS CERTIFIED ...!. ':'c~ ..'
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Expiration date: AUG 31, 201,0,;{';\":':':" .'. _ -
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DE ANGELIS I JOHNM .' ',' . ';:'.; . }:., .;.
DE ANGELIS DIAMOND,.CONSTRUCTiLON INC
6635 WILLOW PARI{ DRIVE' --'~I - "-:-c-~:. ::~>
NAPLES FL 34109 .
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CHARLIE CRIST
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CHUCK DRAGO
INTERIM SECRETARY
- DIS~LP:.YA~'REQUIRED BY LAW
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STATE OF flORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD .
SEQ#L1.0032500845
: - LICENSENBR
03/25/2010 090379298 CGC151B492
The GENERAL CONTRACTOR
Named below IS CERTIFIED
Under the provisions .of
Expiration date:AUG 31, 2
GENTRY, NORMAN EDWARD
DEANGELIS DIAMOND CONSTRUCTION
6635 WILLOW PARK DR
NAPLES FL 34109
CHARLIE CRIST
GOVERNOR
DISPLAY AS REQUIRED BY LAW
CHARLIE LIEM
INTERIM SECRETARY
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~-'/ib" CERTIFICATE OF LIABILITY INSURANCE DP 10 MN I PATE{MMJDDiYYYY}
DElING-4 12/21/09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Dawson of Flori.da; Naples HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENO OR
6609 Willow Park Drive ALTER lliE COVERAGE AFFORDED BY lliE POUCIES BELOW.
Naples Ii'L 34109
Phone: 239-261-6116 Fax:239-261-2B03 INSURERS AFFORDING COVERAGE NAlC#
INSURED INSURER k C~t1 Insur&nDG CotDpBny 10677
DeAn%Slis Diamond INSURER B: BddgGfiold: illlployG.t'8 Ina. Co.
Cons ructiont -Inc. and LLC INSURER c:
DD Partnersh>.p of Naples,
6635 Willow Park Drive INSURm 0:
Naples Ii'L 34109
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE UST8) BELOW HAVE BEEN ISSUED TO TIe'INSURED NAMED ABOVE FOR THE POUC.Y PERIOD INDICATED. NOTWm-tSTAND1NG
ANY REQUIREMENT, TERM OR CDNo.maN OF ANY CONTRACT OR OTHER [JOCUMENT WITH RE"SPECTTO vvHlCH TI..ns CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, lHE INSURANCE AFFORDED BY lliE POLICIES DESCRIBED HERelN IS SUBJECTTO ALL THE TffiMS, ExCLUSIONS AND CONOlTlON5 OF SUCH
PCUCIES.. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. OATE"M~
'r'ffi ..SRI lYPE OF INSURANCE POUCY NUMBER lJATE MMlDD UMITS
GENERAL UABltfTY EACH OCCURRENCE 01,000000
- CPP0891579 01/01/10 01/01/11 PRfMISES Ea ~i;:;~nce'
A ~ :iMERCW. GENERAl.llABIUTY .500,000
X CLAIMS MADE ~ OCCUR MED EXP (Any ono parson) 010.000
XCO & contractual. PERSONAl & ADV INJURY .1,000.000
GENERAl AGGREGATE 02,000,000
. ~'~A~5f1ILlMrrAPPUESPER: -, PRODUCTS ~ COMPIO? AGG 02,,000~000
POLrCY X r~g: n lOC ..
~OMOBfLE UABIUTY COMBINED SINGLE UMIT 01,000,000
A ~ ANY AUTO CAAS819431 01/01/10 01/01/11 (ElIsccldentJ
X ALLOWNEDAUT08 eaOIL Y INJURY
=- ,
SCHEDutEDAUTOS_. (Per perm1)
X .----
HIRED ALITOS eQOIL Y INJURY
=- 0
~ NON-oWNED AUTOS (Perscci::lBnl~
-I PROPERTY DAMAGE ,
(Perao::ldenl)
GARAGE UABILITY AUTO ONLY ~EAACCIDENT 0
~ANY AUTO OTHER THAN EA ACe 0
Amo ONLY: AGO 0
fJ~5S1 UMBRELLA UABllfFY EACH OCCURRENCE 01,000.000
A X OCCUR. D ClAlMSMADE CPPOB91579 01/01/10 01/01/11 AGGREGATE 0
.
~ IDEDUCTIBlE 0
X RETENTION 00 ;
WORKERS COMPENSATION X IT~;WY~~I~~ I IU~.
AND EIlIIPLOYERS' LIABILITY Y I III
B follY PROPRJeroR1PARTNER1EXEC~ 830310BB 01/01/10 01/01/11 E.L EACH ACCIDENT $1,000,000
OFFICERfMEMBER EXCLUDED?
(Mandatol)' In NH) E.L DISEASE-EAEMplOYE ;1.000 000
Ir~as, ducrl.bdUl'1d6r 01 000,000
S EClAl PROVISIONS belOW" E.L DISEASE- POLICY LIMIT
OTIIER
DESCRlPllON Of OPERATIONS I LOCA110NS I VEHICLES f EXCLUSIONS ADDBl BY ENDORSEMENT I SPECIAL PROVlSlONS
THIS CE~IFICATE IS ISSUED FOR
BIDDING PUPOSES ONLY. ,
CE~IFICATES WILL BE ISSUED TO
INDIVIDUAL HOLDERS BY REQUEST
CAN CELLA TION
SHOULD ANY OF TliE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL !.2.- DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBUGATlON OR L!ABIUlY OF ANY KlND UPON THE INSURER, ITS AGENTS OR
REPRESENTA TIVE5.
AUTHORIZED REPRESENTATIVE
~~
@l198S.2009ACORDCORPORATION. All rights reserved.
The ACORD name and fogo are registered marks of ACORD
BIDDING
CERTIFICATE HOLDER
,
ACORD 25 (2009/01)
148
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ("Owner") hereby contracts with DeAngelis Diamond Construction, Inc.
("Contractor") of 6635 Willow Park Drive, Naples, Florida 34109, a corporation,
authorized to do business in the State of Florida, to perform all work ("Work") in
connection with Marco Island Executive Airport construction of Taxiway and Ramp
Expansion, Bid No. 10-5498("Project"), as said Work is set forth in the Plans and
Specifications prepared by URS Corporation, 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: Five Million Nine Hundred Fifty-Nine
Thousand Dollars ($5,959,000.00).
GC-CA-1
14B
Section 4. Bonds.
A. Contractor shall provide Periormance 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 Periormance 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
www.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 DamaQes.
A. Time of Periormance.
Time is of the essence in the periormance 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
periormed at the Project site prior to the Commencement Date. Any Work periormed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within two hundred forty (240)
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
GC-CA-2
148
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, one thousand one
hundred forty-five dollars and ten cents ($1,145.10) 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.
GC-CA-3
148
G. Final Acceptance by Owner.
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:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Section 7. Notices
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by URS Corporation
and identified as follows: Marco Island Executive Airport
Construction of Taxiway and Ramp Expansion
as shown on Plan Sheets 1 through 43.
Contractor's List of Key Personnel
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:
GC.CA.4
14L
Robert Tweedie
Collier County Airport Authority Manager
2005 Mainsail Drive
Naples, FL 34114
Telephone: 239/642-7878
Facsimile: 239/394-3515
Roberttweedie@.collierqov.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:
Norman Gentry, Vice President
DeAngelis Diamond Construction, Inc.
6635 Willow Park Drive
Naples, Florida 34109
Telephone: 239-594-1994
Facsimile: 239-594-1995
Email: normang@.deangelisdiamond.com
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.
GC-CA-5
14B
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.
Section 11. Governinq 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 anyone 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 Aqreement.
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. Chanqe 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.
GC-CA-6
148
'"". '
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
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.
****
GC.CA.?
148
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below,
CONTRACTOR:
/
'lA, ~ X-
ST WITNESS
N"/!.MA-N ~-II/~c:r
~e/print,Name;)
~,J~L"
SECOND ~ITNESS
-
By:
DeAngeli~Di~mond Constrl:~lnc,
-- ." ---'-' .---;:;..--~
",/"" ~'?-----------~0'-?
;~:_,~:;- - "_ ,/ '---',' ~2__~~-~--~
./ __ ~ \ i, .!.' i /
J,,'f; I_/_~.-t,/_~,( (,
Type/Print Name and Title
L"'V<~I C1.-1!.7 _"l::>
Type/Print Name
Date:
4 ~Wl~
OWNER:
ATTEST:
Collier County Board of County Commissioners
Collier County Florida
'" JulL Lv (~~
BY: .
Fred W. Coyle, Chairm
~tJ- QJ~L
Print Name: SCOTT R. TEACH
~County Attorney
DEPUTY
Item # J1.f2
Ag.oda \D I '\ - I
Data ~~I()
ci~'
Deputy Cler~
GC-CA-8
-.,.,<,."",=,..-.-'-."'"'' .." '-_.._~'''''.'
148
EXHIBIT A
PUBLIC PAYMENT BOND
Marco Island Executive Airport Construction of Taxiway and Ramp Expansion
Bond No. 964009307
Contract NO.1 0-5498
KNOW ALL MEN BY THESE PRESENTS: That _[).eAngelisDiamond Construction, Inc.,
6635 Willow Park Drive, Naples, FL 34109 _._._._.....__, as Principal,
and .Liberty Mutual Insurance Company , as
Surety, located at 175 Berkely Rd, Boston, MA 02 Ui.._. n'_'_ ..___u__u...__.___
(Business Address) are held and firmly bound to The Board ofCoullty Commissioners of Collier COUllly Florida
as Obligee in the sum of Five million, nine hundred fifty nine thousand dollars.
($ 5.959.000.00 ) 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 I '2- day of
Oc+v/3..e..-C' 2010, with Obligee for ~arco Island ~xecutjve Airport Construction of Taxiway & RampEx~ion
in ......_...____. accordance with drawings and specifications, which
contract is incorporated by reference and made a part 11ereof, 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 WIT~':Y~~EOF, the above parties have executed [his instrument thisl~.
day of I~ 2010, the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authonty of its governing
body.
GC.CA.A..1
14B
Signed, sealed and delivered
in the presence of
~- //1f</r:-_~
C{i(1l1/7 CRYf}::;} / / ,
Wi nesses as to Principal
PRINCIPAL
DeAngelis Diamond Construction, Inc.
-, /'
BY' .. /~
." . ,-'-? --- .//" -
NAME:/::-<:::::::{~ .'
IT$<'/ -::c,' ",<sid"""
STATE OF ?IDy,M,
COUNTY OF C "lilt[
The foregoing instrument was acknowledged before me this I -r:day of l}lo..vd,
20~, by ~Y\ bi1~':I _' as _'ll(~ ~(e'iVJwt_____________ of
_t'II~'-) \)~Y:d.;tr~h6Y1 , a corporation, on behalf of the
corpora Ion, He/she IS personally known to me OR has produced._. as
identification and did (did not) take an oath.
My Commission Expires 0';'(0'3/1'2-
/
................
~1"'''''tJ.J. -i~J!,fI!','f........:.. In'" :
: S't1i'.,ti!;.I-t K. MA1URV :.
: Ill~) I:omm# Dl10784482 :
c.)';; . .
i "p Expires 3I3fl012 i
: '#/I F\Orida NolBtY ABsn" Inc ;
\'(~ "~X'ClF'r'Cr)l,r'~~A[i'""
NAME:
~V\~I\ah \'-. MGt.~rO
(Legibly Printed)
Notary Public, State of F L
Commission No.: tlj")<2m;'..jL/'bl-
A TIEST:
SURETY:
Liberty Mutual Insurance Company
(Printed Name)
175 Berkely Rd
J:l.QslQn, MA 021 16
(Business Address
(Authorized Signature)
Witnesses to Surety
(Printed Name)
GC-CA-A-2
148
OR
M7Y~
As Attorney in Fact
(Attach Power of Attorney)
/ "
o.-II~ .~
fitne ses ~ .
Matthew D. Bevins
(Printed Name)
Dawson of Florida, LLC
1615_~.1Z!h Terrace
Cape Coral, FL 33904
(Business Address)
(239) 542.1533
(Telephone Number)
STATE OF Florida
COUNTY OF --.l&L__________
aCknowledged before me this
Matthew D Bevins _____~...,. ._~_~
. of Dawson ofFlQri<:la, LLC ________.
He/She is p.ersonally ~~own to me OR has produced
__.._______.__ as identification and who did (did not)
'110
_t:1_. day of
. as
The foregoing
\nurLh
____President
Surety, on behalf of Surety.
Personally Known
take an oath.
instrument was
_, 201~, by
My Commission Expires:
~\t&v\/~ J~E~?f
(Slg dure) I .
Name: '::.I-\X. \ \~h '(.. 1"\0.),-\ r()
(Lc:qlbly Printed)
..............................................
! SHEILAH K. MATURO !
! .'"~..''' Comm# 000764482 :
: ~ :
! . ~ Expires 3/312012 !
: '" :
. ~ rf a 100 .
(tiIi ~1f,IC.W.~~;:.....;
Notary Public, State of: l"-L
Comm:ssion No: !)Da1t<4L/n--
This bond has been furnished to comply with the rL _,,, lenla
of Section 255.05, 713.23 or 713.245, Florid:- .;tutu.
whichever is applicable. It is hereby amended ""ell ~'Iat an
provisiona end limitations, including conditions, nOI . '. ,d time
fimillllionl of the applicable statute are incorporate' em !IV
reference. Any provision of this bond which con' , 'lith or
PUI'pOl1ll111 grant broader or more expanded cove', dlCllell
of the minimum requirements of the appliCilbli' shell be
deemed deleted herefrom This bond IS a sl',nd. note
common law bond.
GC-CA-A-:'.
148
EXHIBIT A
PUBLIC PERFORMANCE BOND
Marco Island Executive Airport Construction of Taxiway and Ramp Expansion
Bomi No. 964009307
Contract No. 10.5498
KNOW ALL MEN BY THESE PRESENTS: That
661'\ wmow Pork Dr Noples...EL3AJO\llS Principal. and
as
DeAngelis Diamond ConstrucJlQJ1JJn.c.
Liberty Mutual Insurance Company
Surety, located
at
175 Berkely Rd. Boston. MA 02116
(Business Address) are held and firmly bound to
The Board 01 County Commissioners 01 Collier County FI.2rid"--___ m~.' as Obligee in the sum of
Five milliolh nine hundrj:d fifty nine thousand dollars ..........m....m......................,....................
($ 5 95900000 ) 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 / d-- _ day of
OAloI5~ ' 2010. with Obligee for
Marco l,hmcl Fxec.lltive A irpnrt rnMtrllc.tion nfT~xiwl'lY l'Ind Ramp~Expansion -"-...-....-
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:
1. Perfonns the Contract at the times ,md 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 tenns 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 Contrnct or te work or to
the specifications.
GC,CA-A,4
148
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,
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
Obligee,
IN WITNES~S ~HEREOF, the above parties have executed this instrument thislC!::.
day of ~~r ~._, 2010, 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 ,esence of: "
_~i --- -//JV/r~~,
~~~!s~~' acf!J!!:~~f(
PRINCIPAL
DeAngelis DiafDond Constructi9lJ.di1C,
BY: . ;;;/-;=;:~:=/
,< ~/..--- /"" ~~----
/~. ,~.-/-
NAfV1E:p< 'IDiA" D.U\~A,''''
,tiS: -iW.(( vn1.'> \ ...l+____.._~__
STATE OF Pluy'&it.
COUNTY OF Co\\~U
My Commission Expires: o?,!cn!,1-
..........................................11..
; SHEiLAH K MATURO !
: ~\~~~J~:~", '~""# 000764482 :
:lit.W'~~' :
; .. . '. "as 3/312012 ;
. \"l.~ Of" .
: ~.;z0f'":,,,,>, !C~Orb3 Notary AIIn.. lnc :
~..li:i'i=rlnJFr:rCI)l.r.~~Ar)..;
The foregoing instrument was acknowledged, before me this ....L::!!.f1 day of
.J'\'\:, (L.~\ , 201~, by ---1'2tjD D.eAI'UL\A') , as
j/i.u..V{t."\~\'-\- _,.,_____ of ~~~b:ti,':n:G:rJ& ((:SY\s::tru.c,j-(~Y)a
_,_ corporation, on beh If of the corporation. He/she is
personally known to me OR has produced
___ .___._._..____.__. as identification and did (dip not) take an oath.
~/}A i~
( (I alure) J -.-
Narne_,~ \a.\;I..'L.b.~~~tl__
(Legibly Printed)
Notary Public, State of: F~
Commission No.: D'DcnL> 4l{i(L
GC.CA-A-5
148
ATTEST:
SURETY
Liberty Mutual Insurance Company
(Printed Name)
175 Berkely Rd
Boston. MA 021 16
(Business Address)
(Authorized Signature)
(Printed Name)
OR
/JVf,9Y~
As Attorney in Fact
(Attach Power of Attorney)
Matthew D. Bevins
(Printed Name)
Dawson of Florida, LLC
1615 SE 47th Terrace
Cape Coral, FL 33904
(Business Address)
(239) 542-1533
(Telephone Number)
STATE OF Florida
COUNTY OF Lee
The foregoing instrument was acknowledged before me this_l:r" day of
I'Vw d\ . 201" by Matthew D Bevins _ __________, as _president
of Dawsol1..2fFlorida. LL_<-:.___.__._______. a _ __________________ Surety, on
behalf of Surety_ He/She is. persgnaJl.y known to __ mil OR has produced
~onally known as identification and who did (did not) take an oath.
My Commission Expires: (;~10"'\ (L ' . ~~ .-v~
.........n..... (Sl nature)
--.....................K...::~:ru' RO:' . ,:
", SHEILAH. """ .
" <I"" eomm# 000764482 :
= ll:rid~ :
: "':~ Expires 3/312012 :
:~. .
: "'~ Florida Notary Assn., lne :
(AF~;.:.5FF1t::r)\r.~~A.C)............
Name: <,,'W:.; \r,...V\ '{. -- fv\...j...LrV
(Legibly Printed)
Notary Public, State of: I" L--
Commission No_: D\)U1V-14~1-
GC-CA-A-6
AMllalSlallmenrlbrlll8yw2009oflle L1~.~!~.U.~~'!)'.
ASSETS
I. Bmds(Sdw;JtSJleD)
2. Sb:b (SdIIcll1e D~
2.1 Pref8mldalDd<l
2.2 Ccmnonlb:k8
3.1Acrlgagebnonrealllll\ale(~le8i:"
3.1 Rr!t1M$
3.2 OIhlrlhanlrstln
4. RealesIalt(S::IleduIeA): .,
4.1 Propertiss;CICalpedbytl\e:eompln~ (less'
4.2 F'rOl:*Hshlldb'theprodldicnoflnccme{illsaS
4.3 ~heIdloraale(lesfS, , " ,,08flwmlRlcei)
5. Cash{$ _~,~,Sct\8juJeE.p'1'(1),Ca.hllQllival8nl8{$ '~,ii9,~.
~E.Pa12l.8nd8bort-lellTllrweslmenb($ .~~,8q3.SqheduieCA}
a~IoIlnS(lldudi1J$. ,... . ,0 prtllT1lumnole8) .
7. OhrI1'1llSllldllAels(SchedulllBA)
8. Rflcl!t.4tIIes,bllClJrilies.
9. AggtegaleW'il&-isbrllNOllWdmetJ
1o.Suttotals,ClShlll'ldilwesledanebi{~1to9). ......
11. TIlIeplaiU_S . Odwged~(b'TitleInMlI'ttIO'\I~1
12. .,...estmenlinmmedueendaccruecl
13.Premium$andttl~
13.1 Uncollllcted premiums a'ld agenlli'balnes In theCOJrsectOOlleClial
13.2DeIemld~,lI9fI"lII'llIIIa'ICelSandinslll"mentsboolcedbullielerred
Mdl'((yeI~IWdudingS .. _O.eamedbuttmllledprel'lliums)
13.3 Accruedl'lllrospedlveprernilllT\8
1-4. ReInsurance:
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14.3 OlIlerlloolmlsrlll2ivableUnderl'!iMurancecon1racts.
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148
2942273
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON REO BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Uberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
MATTHEW D. BEVINS, D. MICHAEL SHERMAN, JOSEPH C. BRICKNER, STEVEN C. BUELTER, ERIN MCELROY, ALL
OF THE CITY OF CAPE CORAL, STATE OF FLORIDA ....................................................................................................
...............................................................................................................................................................................................
, each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as suretY. and as its act and deed, anv and all undertakinas, bonds, recoanizances and other surety obligations in the oenal sum not exceeding
SEVENTY FIVE MILLION AND OO/100*"******u**,***,*,***",*,************'ii DOLLARS ($ 75,000,000.00********************** ) each, and the
execution of such undertakings, bondS, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
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ARTICLE Xlii - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 9th day of June
2010
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By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
LIBERTY MUTUAL INSURANCE COMPANY
Bye. 4 b./ _ ~...5tA:
Garnet W. Elliott, Assistant Secretary
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
On this...IDb.- day of June ,~, before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and a~~~orporafe seal of Liberty Mutual Insurance Company thereto With the authOrity and at the direction of said corporatIOn.
p "
IN TESTIMONY WH unto subSCribed my name and affixed my notanal seal at Plymouth Meeting, Pennsylvania, on the day and year
first above wntten. ;<'
iV' '".~I''''' By ~ ~
) 2$ Teresa Pastalla, Notary Public
t, the undersigned, Assistant tary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
CERTIFICATE
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this
day of
~ 14B
A~RD CERTIFICATE OF LIABILITY INSURANCE DA~~':~I
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDlll0NAL INSURED, the pOlicy(ies) must be endorsed. If SUBROGAll0N IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorseme s.
PRODUCER 239-261-6116
Dawson of Florida; Naples 239-261-2803
6609 Willow Park Drive
Naples, FL 34109
Steven C. Bueltel
OP ID: MN
CON ACT
NAME:
PHONE
(,lJC, No, E~I:
E-MAIL
PoPDRESS:
PRODUCER D G-4
CUSTpMER 10 Ii: EAN
I FAX
L.(A1C, No):
INSURED
INSUR~R{S) AFFOR,[).lr.I_G_C.QYER:AGE
INSURER A : Cint::~nnati 1_r1_~~~f'1ce C~~_P_~_r1Y
I~SUl!~R B: Bridgefield Emp~_()yers Ins. CO.
INSURER C :
INSURER 0 :
1~~URER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUErI TO THF INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION or A.NY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
DeAngelis Diamond
Construction, Inc.
6635 Willow Park Drive
Naples, FL 34109
NAIe'
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, DESCRIPTION OF OPERATIONS! l.OI:ATIONS i VEHICLES (Ali.1ch ACORD 101, Addit;(\'l"l Remarks Scn~dul<:" if ,..,"'''' sruu' j., ''''q<~;',,<1)
iCollier County Board of County Commissioners is named as additional insured
tin regard to general iiability on any and all work performed on behalf
~of COllier County, but only when required by written contract
,
GERTiFiGA TE HOLDER
GANCELl.A T .ON
SOARD42
SHOULD ANY o!-" :H.E A80'.!E DES':P..!BED POLICIES BE '.:,'-',NCELLED BEFORE
THE EXPIR.A,TION I)ATF THEREOF NOTICE WIll BE' OEUVEREn IN
ACCORDANCE WITH THE POLlCY PRO~SIONS.
CoW<:r Count:.' BO~H'=
of County Cnmmissinr.rlr~
3299 Tamiami Trail
Naples, FL 34104
1l.HnWR!1~D REI>RESF.N1.D..lfVf
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~C0~U .25 (~oui;iui;j
.s' ! ~tm .wu:::t ASaRO (;UH.PUhATlUN. All ngnts reserVCCL
,in~ M.C0~iJ lIdlll~ cllllj ;U~I.I dl~ jl".'~i~il;tI~Li 1L1<1t;"'~ vi M.CCr\U
148
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.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate
Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
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.
Coverageill 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.
GC-CA-C-1
148
Should at any time the Vendor not maintain the insurance coverage~ required herein, the County may
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage~ and charge
the Vendor for such coverage~ 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 coverage~ purchased or the insurance
company or companies used. The decision of the County to purchase such insurance coverage~ 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.
GC-CA-C-2
Insurance! Bond Type
1. [8J Worker's
Compensation
2. [8J Employer's Liability
3. [8J Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
4. [8J Indemnification
4. [8J Automobile Liability
14B
Collier County Florida
Insurance and Bonding Requirements
Required Limits
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
$1.000.000 single limit per occurrence
Bodily Injury and Property Damage
$2.000.000 single limit per occurrence
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,
iosses 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 availabie 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.
$ 1.000.000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobiie Included
$
Per Occurrence
5. D Other insurance as D Watercraft
noted:
D United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
D Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$
Per Occurrence
D Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the compietion of the Services
under this Agreement.
D Pollution
$
$
Per Occurrence
Per Occurrence
.-
D Professional Liability $
. $ 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
Per Occurrence
D Project Professional Liability
D Valuable Papers Insurance
Per Occurrence
$
$
Per Occurrence
GC-CA-C-3
14
I 6. g..X 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. i:8J Performance and
Payment Bonds
For projects in excess of $200,000, bonds shall be submitted with the
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.
8. 18I 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. 18I Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
10. 18I Collier County Board of County Commissioners shall be named as the Certificate Holder and the
certificate must read "For any and all work performed on behalf of Collier County.
NOTE: The "Certificate" should read as follows:
. For any and all work performed on behalf of Collier County.
. Collier County Board of County Commissioners, Naples, Florida
No County Division, Department or individual name should appear on the Certificate.
11. 18I 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.
'~""'rn DE~.d aL'5i.J,j;~
Vendor Signature ~- ~ -4
No/?m#N ~ v77W
PIt450 1\/ .rnJ~#;Vf1vG€..
6-hve.r1 gl/e/fej
3-~t:~1/
Print Name
Insurance Agency
Agent Name
Telephone Number,,;l3 q 02f;/ r; I ( f,
GC-CA-C-4
148
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 , 2010 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:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2010, by
,as of l 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)
NAME:
(Legibly Printed)
GC-CA-C-5
(AFFIX OFFICIAL SEAL)
GC-CA-C-6
Notary Public, State of
Commissioner No.:
148
148
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:
(Project Name)
Original Contract Time:
Revised Contract Time:
=
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 $
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 $
Remaining Contract Balance $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'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)
GC-CA-D-1
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14B
EXHIBIT E
CHANGE ORDER
TO:
Project Name:
Bid No.:
Change Order No.:
FROM: Collier County Government
Construction Agreement Dated:
Date:
Change Order Description
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: Date:
Project Manager
Recommended by: Date:
Design Professional
Accepted by: Date:
Contractor
Approved by: Date:
Department Director
Approved by: Date:
Division Administrator
Approved by: Date:
Purchasing Department
GC-CA-E.5
Authorized by
Director
(For use by Owner: Fund
Number: )
Cost Center:
Date:
Object Code:
GC-CA-E-6
148
Project
148
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
PROJECT:
Design Professional's Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
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.
GC-CA-F-1
148
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
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
,2010
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2010
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2010
OWNER
By:
Type Name and Title
GC-CA-F-2
14 B IW"
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.:
Contractor:
Project No.:
Date:
,2010
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 Documents.
Original Contract Amount:
Final Contract Amount:
Commencement Date:
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:
Actual Final Completion Date:
Calendar Days.
YES
NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. 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:
(Company Name)
(Signature)
(Typed Name & Title)
GC-CA-G-1
By Design
Professional:
By Owner:
GC-CA-G.2
148
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
14B
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 concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
GC-CA-H-1
148
those affecting transportation, access, disposal, handling and storage of materials;
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.
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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 7:00 a.m, to 6:00 p.m., Monday
through Saturday. 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.
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4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction,
Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record
attached hereto and made a part hereof as Exhibit D,
4.4 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.
4,5 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 through out 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.
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4,6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work,
4.7 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.
4.8 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,
4.9 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,
4.10 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:
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(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.
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.
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.
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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.
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
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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-BUlL TS 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
8.1,3
personnel;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
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.
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
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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
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
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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
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
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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
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 10A,
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14B
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing, Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim,
12. OTHER WORK.
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.
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
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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 seq, and regulations relating thereto, as either may be amended.
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.
15. CLEANUP AND PROTECTIONS.
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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
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
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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-Ietting the Work, and in
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
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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.
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
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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
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
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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.
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
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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.
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
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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.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
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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 5,8, 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
anyone 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,
26. EMERGENCIES.
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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
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
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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
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
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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 (OS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.neUpurchasing,
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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.
32,3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
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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
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
GC-CA-H-26
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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 for~going 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.
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
GC-CA-H-27
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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
34.12
34.1.3
34,1.4
34.1.5
34.1.6
34,1.7
34.1.8
34.1.9
34,1.10
34.1,11
34.1.12
34.1.13
34,1,14
34.1.15
34.1.16
34,1.17
34.1.18
34.1.19
34,1.20
34,1,21
34.1.22
34.1.23
34.1.24
34.1.25
34.1,26
34.1.27
34,1.28
34.1.29
34.1.30
34,1,31
34.1.32
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PM IS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
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
GC-CA-H-28
148
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, Contractor shall be responsible for the costs of providing background checks
and drug testing 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 (FAC.) or aboveground 62-762,
FAC. 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
with the Florida Department of Environmental Protection (FDEP), is the County (local
program) for the purposes of these rules.
GC-CA-H-29
148
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, FAC. and 62-762,
FAC. 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.
GC-CA-H.30
148
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, Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work
on any projects funded under the grant agreement which involve labor, provisions
establishing minimum rates of wages, to be predetermined by the Secretary of
Labor, in accordance with the Davis-Bacon Act, as amended (40 U,S,C. 276a-276a-
5), which contractors shall pay to skilled and unskilled labor, and such minimum
rates shall be stated in the invitation for bids and shall be included in proposals or
bids for the work.
3. Veteran's Preference. It shall include in all contracts for work on any project funded
under the grant agreement which involve labor, such provisions as are necessary to
insure that, in the employment of labor (except in executive, administrative, and
supervisory positions), preference shall be given to Veterans of the Vietnam era and
disabled veterans as defined in Section 47112 of Title 49, United States Code,
However, this preference shall apply only where the individuals are available and
qualified to perform the work to which the employment relates.
4. See Federal Requirements, Construction Contracts, $100,000 and Over as
attached,
140; I
FEDERAL REQUIREMENTS
CONSTRUCTION CONTRACTS
$100,000 AND OVER
CIVIL RlGHTS ACT OF 1964, TITLE VI -49 CFRPART 21
CONTRACTUAL REQUIREMENTS
(VERSION I, lI5/90)
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
I. Compliance with Regulations, The contractor shall comply with the Regulations
relative to nondiscrimination in federally assisted programs of the Department of Transportation
(hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended
from time to time (hereinafter referred to as the Regulations), which are herein incorporated by
reference and made a part of this contract.
2, Nondiscrimination. The contractor, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, color, or national origin in the selection
and retention of subcontractors, including procurements of materials and leases of equipment.
The contractor shall not participate either directly or indirectly in the discrimination prohibited by
section 21.5 of the Regulations, including employment practices when' the contract covers a
program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In
all solicitations either by competitive bidding or negotiation made by the contractor for work to
be performed under a subcontract, including procurements of materials or leases of equipment,
each potential subcontractor or supplier shall be notified by the contractor of the contractor's
obligations under this contract and the Regulations relative to nondiscrimination on the grounds
of race, color, or national origin,
4, Information and Reports, The contractor shall provide all information and reports
required by the Regulations or directives issued pursuant thereto and shaJJ permit access to its
books, records, accounts, other sources of information and its facilities as may be detennined by
the Sponsor or Federal Aviation Administration (FAA) to be pertinent to ascertain compliance
with such Regulations, orders, and instructions. Where any information required of a contractor
is'in the exclusive possession of another who fails or refuses to furnish this information, the
contractor shall so certifY to the sponsor or the FAA, as appropriate, and shall set forth what
efforts it has made to obtain the information,
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5. Sanctions for Noncompliance. In the event ofthe contractor's noncompliance with the
nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as
it or the FAA may detennine to be appropriate, including, but not limited to:
a. Withholding of payments to the contractor under the contract until the contractor complies,
and/or
b. Cancellation, tennination, or suspension of the contract, in whole or in part,
6, Incorporation of Provisions. The contractor shall include the provisions of paragraphs
1 through 5 in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take
such action with respect to any subcontract or procurement as the sponsor or the FAA may direct
as a means of enforcIng such provisions includillg sanctions for noncompliance. Provided,
however, that in the event a contractor becomes involved in, or is threatened with, litigation with
a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to
enter into such litigation to protect the interests of the sponsor and, in addition, the contractor
may rcquest the United States to enter into such litigation to protect the interests of the United
States.
AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520
GENERAL CNIL RIGHTS PROVISIONS
(VERSION I, 1/5/90)
The contractor/tenant/concessionaire/lessee assures that it will comply with pertinent statutes,
Executive orders and such rules as are promulgated to assure that no person shall, on the grounds
ofrace, creed, color, national origin, sex, age, or handicap be excluded from participating In any
activity conducted with or benefiting from Federal assistance. This provision obligates the
tenant/concessionairellessee or its transferee for the period during which Federal assistance is
extended to the airport a program, except where Federal assistance is to provide, or is In the form
of personal property or real property or interest therein or structures or improvements thereon, In
these cases the provision obligates the party or any transferee for the longer of the following
periods: (a) the period during which the property is used by the airport sponsor or any transferee
for a purpose for which Fcderal assistance is extended, or for another purpose involving the
provisions of similar services or benefits or (b) the period during which the airport sponsor or
any transferee retains ownership or possession of the property. In the case of contractors, this
provision binds the contractors from the bid solicitation period through the completion of the
contract.
INSPECTION OF RECORDS - 49 CFR PART 18
(VERSION 1, 1/5/90)
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The contractor shall maintain an acceptable cost accounting system. The Sponsor, the FAA, and
the Comptroller General of the United States shall have access to any books, documents, paper,
and records of the contractor which are directly pertinent to the specific contract for the purposes
of making an audit, examination, excerpts, and transcriptions. The contractor shall maintain all
required records for three years after the Sponsor makes final payment and all other pending
matters are closed.
RlGHTS TO INVENTIONS - 49 CFR PART 18
(VERSION 1,1/5/90)
All rights to inventions and materials generated under this contract are subject to regulations
issued by the FAA and the Sponsor of the Federal grant under which this contract is executed.
Information regarding these rights is available from the FAA and the Sponsor,
BREACH OF CONTRACT TERMS
SANCTIONS - 49 CFR PART 18
(VERSION 1, 1/5/90)
Any violation or breach of the terms of this contract on the part of the contractor or subcontractor
may result in the suspension or termination of this contract or such other action which may be
necessary to enforce the rights of the parties of this agreement.
DBE REQUIRED STATEMENTS - 49 CFR PART 23
(VERSION I, 1/5/90)
Policy. .it is the policy of the Department of Transportation that disadvantaged business
enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in
the performance of contracts financed in whole or in part with Federal funds under this
agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement.
~
DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business
enterprises as defined in 49 CFR Part 23 have the maximum opportunity to partiCipate in the
penormance of contracts financed in whole or in part with Federal funds provided under this
agreement. In this regard all recipients or contractors shall take all necessary and reasonable
steps in accordance with 49 CFR Part 23 to en;'Ure tlmt disadvantaged business enterprises have
the maximum opportunity to compete for and perform contracts. Recipients and their contractors
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shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of DOT-assisted contracts,
.,
TRADE RESTRICTION CLAUSE - 49 CFR PART 30
(VERSION I, 115190)
The contractor or subcontractor, by submission of an offer and/or execution of a contract,
certifies that it:
a is not owned or controlled by one or more citizens of a foreign country included in the list
of countries that discriminate against U,S. firms published by the Office of the United
States Trade Representative (USTR);
b. has not knowingly entered into any contract or subcontract for this project with a person
that is a citizen or national of a foreign country on said list, or is owned or controlled
directly or indirectly by one or more citizens or nationals of a foreign country on said list;
c. has ilIot procured any product nor subcontracted for the supply of any product for use on
the project that is produced in a foreign country on said list,
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance
with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable
to certiJy to the above, If the contractor knowingly procures or subcontracts for the supply of any
product or service of a foreign country on said list for the use on the project, the Federal Aviation
Administration may direct through the Sponsor cancellation of the contract at no cost to the
Government.
FurthI'I', the contractor agrees that, if awarded a contract resulting from this solicitation, it will
incorporate this provision for certification without modification in each contract and in all lower
. tier subcontracts. The contractor may rely on the certification of a prospective subcontractor
unless it has knowledge that the certification is erroneous.
The contractor shall provide immediate written notice to the sponsor if the contractor learns that
its certification or that of a subcontractor was erroneous when submitted or has become
erroneous by reason of changed cii-cumstances. The subcontractor agrees. to provide written
notice to the contractor if at any time it learns that its certification was erroneous by reason of
changed circumstances.
This certification is a material representation of fact upon which reliance was placed when
making the award. If it is later determined that the contractor or subcontractor knowingly
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rendered an erroneous certification, the Federal Aviation Administration may direct through the
Sponsor cancellation of the contract or subcontract for default at no cost to the Government.
Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render, in good faith, the certification required by this provision, The
knowledge and information of a contractor is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
This certification concerns a matter within the jurisdiction of an agency of the United States of
America and the making of a false, fictitious, or fraudulent certification may render the maker
subject to prosecution under Title 18, United States Code, Section 1001,
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29
(VERSION 1, 1/5/90)
The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that
neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency. It further agrees by submitting this proposal that it will include this clause
without modification in all lowcr tier transactions, solicitations, proposals, contracts, and
subcontracts. Where the bidder/offeror/contractor or any lower tier participant is unable to
certifY to this statement, it shan attach an explanation to this solicitation/proposal.
AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 515
VETERAN'S PREFERENCE
(VERSION 1, 1/5/90)
In the employment of labor (except in executive, administrative, and supervisory positions),
preference shall be given to veterans of the Vietnam era and disabled veterans. However, this
preference shall apply only where the individuals are available and qualified to perform the work
to which the employment relates.
TERMINATION OF CONTRACT - 49 CFR PART 18
(VERSION 1, 1/5/90)
1I-5
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1. The Sponsor may, by written notice, terminate this contract. in whole or in part at any
time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations.
Upon receipt of such notice services shall be immediately discontinued (unless the notice directs
otherwise) and all materials as may'have been accumulated in performing this contract, whether
completed or in progress, delivered to the Sponsor.
2, If the termination is for the convenience of the Sponsor, an equitable adjustment in the
contract price shall be made, but no amount shall be allowed for anticipated profit on
unperformed services.
3. If the termination is due. to failure to fulfill the contractor's obligations, the Sponsor
may take over the work and prosecute the same to completion by contract or otherwise. In such
case, the contractor shall be liable to the Sponsor for any additional cost occasioned to the
Sponsor thereby.
4. If, after notice of termination for failure to fulfill contract obligations, it is determined
that the contractor had not so failed, the termination shall be deemed to have been effected for
the convenience of the Sponsor. In such event, adjustment in the contract price shall be made as
provided in paragraph 2 of this clause,
5. The rights and remedies of the Sponsor provided in this clause are in addition to any
other rights and remedies provided by law or under this contract.
CLEAN AIR AND W A 'fER POLLUTION CONTROL REQUIREMENTS
(VERSION 1,1/5/90)
Contractors and subcontractors agree:
a. That any facility to be used in the perfurmance of the contract or subcontract or to
benefit from the contract is not listed on the Environmental Protection Agency (EP A) List of
Violating Facilities;
b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended,
42 U,S,C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended,
33 U.S,C. 1251 et seq, relating to inspection, monitoring, entry, reports, and information, as well
as all other requirements specified in Section 114 and Section 308 of the Acts, respectfully, and
all other regulations and guidelines issued thereunder;
c. That, as a condition for the award of this contract, the contractor or subcontractor will
notifY the awarding official of the receipt of any communications from the EP A indicating that a
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facility to be used for the performanee of or benefit from the eontract is under consideration to be
listed on the EP A List of Violating Facilities;
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d. To include or cause to be included in any construction contract or subcontract which
"
i exceeds $100,000 the aforementioned criteria and requirements.
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DAVIS BACON REQUIREMENTS -29 CFR PART 5
(VERSION I, 1/5/90)
)
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(I) Minimum Wages.
J
(i) All Laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deductions
or rebate on any account (except such payroll deductions as are permitted by the Secretary
of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona
fide fringe benefits (or cash equivalent thereof) due at the time of payment computed at
rates not less then those contained in the wage determination of the Secretary of Labor
which is attached hereto and made part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and such laborers and mechanics,
Contributions made or costs reasonably anticipated for bona fide fringe benefits under
Section I (b )(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered
wages paid to laborers or meehanics, subject to the provisions of paragraph (1)(iv) of this
section; also, regular contributions made or costs incurred for more than a weekly period
(but not less often then quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and
fringe benefits on the wage determination for the classification of work actually
performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers
or meehanics performing work in more than one classification may be compensated at the
rate specified for each classification for the time actually worked therein; Provided, that
the employer's payroll records accurately set forth the time spent in each classification in
which work is performed. The wage detennination (including any additional
classification and wage rates conformed under (I)(ii) of this section) and the Davis-Bacon
poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at
the site ofthe work in a prominent and accessible place where it can easily be seen by the
workers.
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(ii)(A) The contracting officer shall require that any class ofJaborcrs or mechanics which is not
listed in the wage determination and which is to be employed under the contract shall be
classified in eonformance with the wage determination. The contracting officer shan
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approve an additional classification and wage rate and fringe benefits therefore only when
the following criteria have been met:
(I) The work to be performed by the classification requested is not performed by
classification in the wage determinations; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if
knpwn), or their representatives, and the contracting officer agree on the classification
and wage rate (including the amount designated for fringe benefits where appropriate), a
report of the action taken shall be sent by the contracting officer to the Administrator of
.the Wage and Hour Division, Employment Standards Administration, U.S. Department of
Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification action within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within
the 30-day period that additional time is necessary. (Approved by the Office of
Management and Budget under OMB Control Number 1215-0140).
(C) In the event the contractor, the laborers or mechanics to be employed in the classification
or their representatives and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits where
appropriate), the contracting officer shall refer the questions, including the views of all
interested parties and the recommendation of the contracting officer, to the Administrator
for determination. The Administrator, or an' authorized representative, will issue a
determination within 30 days of receipt and so advise the contracting officer or will notify
the contracting officer within the 30-day period that additional time is necessary.
(Approved by the Office of Management and Budget under OMB Control Number 1215-
0140).
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (I)(B) or (C) of this paragraph, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is
performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the wage detennination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
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(iv)
If the contractor does not make payments to a trustee or other third person, the contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a plan or program,
provided that the Secretary of Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis-Bacon Act have been met. The Secretary of
Labor may require the contractor to set aside in a separate account assets for the meeting
of obligations under the plan or program. (Approved by the Office of Management and
Budget under OMB Control Number 1215-0140).
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(2) Withholding, The Federal Aviation Administration or the Sponsor shall upon its own action
or upon written request of an authorized representative of the Department of Labor withhold or
cause to be withheld from the contractor under this contract or any other Federal contract with
the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon
prevailing wage requirements, which is held by the same prime contractor, so much of the
accrued payments or advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the
full amount of wages required by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee, or helper, employed or working on the site of work,
all or part of the wages required by the contract, the Fcderal Aviation Administration may, after
written notice to the contractor, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee of funds until
such violations have ceased.
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(3) Payrolls and basic records.
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(i) Payrolls and basic records relating thereto shall be maintained by the contractor
during the course of the work and preserved for a period of three years thereafter for all
laborers and mechanics working at the site of the work. Such records shall contain the
milne, address, and social security number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of the types described
in 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the Secretary of Labor has found
under 29 CFR 5,5(a)(I)(iv) that the wages of any laborer or mechanic include the anlount
of any costs reasonably anticipated in providing benefits under a plan or program
described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain
records which show that the CDmmitment to provide such benefits is enforceable, that the
plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show
the costs anticipated Or the actual costs incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain written
evidence of the registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and the ratios and wage rates
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prescribed in the applicable programs. (Approved by the Office of Management and
Budget under OMB Control Numbers 1215-0140 and 1215-0017).
(ii)(A) The contractor shall submit weekly, for each week in which any contract work is
performed, a copy of all payrolls to the applicant, sponsor, or owner, as the case may be,
for transmission to the Federal Aviation Administration. The payrolls submitted shall set
out accurately and completely all of the information required to .be maintained under
paragraph 5.5(a)(3)(i) above. This information may be submitted in any form described.
Optional Form WH-347 is available for this purpose and may be purchased from the
Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S.
Government Printing Office, Washington, D,C. 20402. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors. (Approved by
the Office of Management and Budget under OMB Control Number 1215-0149).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance",
sigued by the contractor or subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall certij'y the following:
(1) That the payroll for the payroll period contains the infonnation required to be
maintained under paragraph (3)(i) above and that such information is correct and
complete;
(2) That each laborer and mechanic (including each helper, apprentice and trainee)
employed on the contract during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly, and that no deductions
have been made either directly or indirectly from the full wages earned, other than
pennissible deductions as set forth in Regulations 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage
rates and fringe benefits or cash equivalents for the classification of work
performed, as specified in the applicable wage determination incorporated into the
contract.
(C) The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisj'y the requirement for submission of the
"Statement of Compliance" required by paragraph (3 )(ii)(B) of this section,
(D) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section
231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall malce the records required under paragraph (3)(i) of
this section available for inspection, copying or transcription by authorized
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representatives of the Sponsor, the Federal Aviation Administration or the Department of
Labor, and shaH permit such representatives to interview employees during working
hours on the job. If the contractor or subcontractor fails to submit the required records or
to make them available, the Federal agency may, after written notice to the contractor,
sponsor, applicant or owner, take such action as may be necessary to cause the suspension
of any further payment, advance, or guarantee of funds, Furthermore, failure to submit
the required records upon request or to make such records available may be grounds for
debarment actions pursuant to 29 CFR 5,12,
(4)
(i)
Apprentices and Trainees,
Apprentices. Apprentices will be permitted to work at less than the predetermined rate
for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the V,S, Department of
Labor, Employment and Training Administration, Bureau of Apprenticeship and
Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person
is employed in his or her first 90 days of probationary employment as an apprentice in
such an apprentice program, who is not individually registered in the program, but who
has been certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment
as an apprentice, The allowable ratio of apprentices to journeymen On the job site in any
craft classification shall not be greater than the ratio permitted to the contractor as to the
entire work force under the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise employed as stated above, shall
be paid not less then the applicable wage rate on the wage deter'mination for the
classification of work actually performed. In addition, any apprentice performing work
on the job site in excess of the ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage determination for the work actually
performed. Where a contractor is performing construction on a project in a locality other
than that in which its program is registered, the ratios and wage rates (expressed in
percentages of the journeyman's hourly rate) specified in the contractor's or
subcontractor's registered program shall be observed. Every apprentice must be paid at
not less than the rate specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Apprentices shall be paid flinge benefits in accordance
with the provisions of the apprenticeship program, If the apprenticeship program does
not specify fringe benefits, apprentices must be paid the full amount of fringe benefits
listed on the wage deteimination for the applicable classification, If the Administrator
determines that a different practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination, In the event the Bureau of
Apprenticeship and Training, or a State Apprenticeship Agency recognized by the
Bureau, withdraws approval of an apprenticeship program, the contractor will no longer
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be permitted to utilize apprentices at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
(ii) Trainees, Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior approval,
evidenced by formal certification by the U.S. Department of Labor, Employment and
Training Administration, The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the
approved program for the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage detennination, Trainees shall be
paid fringe benefits in accordance with the provisions of the trainee program, If the
trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage detennination which provides for less
than full fringe benefits for apprentices. Any employce listed on the payroll at a trainee
rate who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually performed. In
addition, any trainee perfonning work on the job site in excess of thc ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In the event the Employment and
Training Administration withdraws approval of a training program, the contractor v,ilI no
longer be permitted to utilize trainees at less than the applicable predetennined rate for
the work performed until an acceptable program is approved,
(Hi) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
(5) Compliance With Copeland Act Requirements, The contractor shall comply with the
requirements of 29 CFR Part 3, which are inCorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR Part 5.5(a)(I) through (10) and such other clauses as the Federal Aviation
Administration may by appropriate instructions reqnire, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall
be responsible for the compliance by any subcontractor or lower tier subcontractor with all the
contract clauses in 29 CFR Part 5.5.
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(7) Contract Tennination: Debarment. A breach of the contract clauses in paragraph (I) through
(10) of this section and paragraphs (1) through (5) of the next section below may be grounds for
tennination of the contract, and for the debarment as a contractor and a subcontractor as provided
in 29 CFR 5.12.
(8) Compliance With Davis-Bacon and Related Act Requirements. All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1,3, and 5 are
herein incorporated by reference in this contract.
(9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions
of this contract shall not be subject to the general disputes clause of this contract. Such disputes
shall be resolved in accordance with the procedures of the Department of Labor set forth in 29
CFR Parts 5,6, and 7. Disputes within the meaning of this clause include disputes between the
contractor (or any of its subcontractors) and the contracting agency, the U,S, Department of
Labor, or the employees or their representatives. .
(10) Certification of Eligibility,
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any
person or firm who has an interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29
CFR 5.12(a)(I),
(ii)
No part of this contract shall be subcontracted to a person or firm ineligible JPr award ofa
Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR
5.I2(a)(I).
(iii) The penalty for making false statements is prescribed in the D.S, Criminal Code, 18
D.S.C. 1001.
CONTRACT WORKH01)RS AND SAFETY STANDARDS
ACT REQUIREMENTS - 29 CFR PART 5
(VERSION I, 1/5/90)
(I) Overtime Requirements, No contractor or subcontractor contracting for any part of the
contract work which may require or involve thc employment of laborers or mechanics shall
require or pennit any such laborer or mechanic, including watchmen and guards, in any
workweek in \vhieh he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than one and
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one-half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek. .
(2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of
the clause set forth in paragraph I above, the contractor or any subcontractor responsible therefor
shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be
liable to the United States (in the case of work done under contract for the District of Columbia
or a territory, to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the
sum of $1 0 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of forty hours without payment of the overtime wages required
by the clause set forth in paragraph I above.
(3) Withholding for Unpaid Wages and Liquidated Damages. the Federal Aviation
Administration or the Sponsor shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to withheld, from any monies
payable on account of work performed by the contractor or subcontractor under any such contract
or any other Federal contract with the same prime contractor, or any other Federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be necessary to satisJY any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as provided in the
clause set forth in paragraph 2 above,
(4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses
set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance
by any subcontractor or iower tier subcontractor with the clauses set forth in paragraphs 1
through 4.
(5) Working Conditions. No contractor or subcontractor may require any laborer or mechanic
employed in the performance of any contract to work in surroundings or under working
conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under
constrnction safety and health standards (29 CFR Part 1926) issued by the Department cifLabor,
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EQUAL EMPLOYMENT OPPORTUNITY - 41 CFRPART 60-1.4(b)
(VERSION 1,115/90)
During the performance of this contract, the contractor agrees as follows:
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I. The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The contractor will take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or national origin. Sucb action
shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of payor other forms of compensation;
and selection for training, including apprenticeship. The contractor agrees to post
in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the prqvisions of this nondiscrimination
clauses.
2, The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive considerations for
employment without regard to race, color, religion, sex, or national origin.
3. The contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to be'
provided advising the said labor union or workers' representatives of the contractor's
commitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4, The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
5. The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
, pursuant thereto, and will permit access to his books, records, and accounts by the administering
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders,
6. In the event of the contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law,
7.. The contractor will include the portion of the sentence immediately preceding
paragraph (I) and the provisions of paragraphs (1) through (7) in every subcontract or purchase
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order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be
binding upon each subcontractor or vendor, The contractor will take such action with respect to
any subcontract or purchase order as the administering agency may direct as a means of enforcing
such provision, including sanctions for noncompliance: Provided, however, that in the event a
contractor becomes involved in, or is threatened with, litigation \vith a subcontractor or vendor as
a result of such direction by the administering agency the contractor may request the United
States to enter into such litigations to protect the interests of the United States.
NOTICES TO BE POSTED PER PARAGRAPHS
(1) AND (3) OF THE EEO CLAUSE - 41 CFR PART 60-1.4(b)
(VERSION I, 1/5190)
Equal Employment Opportunity is the Law . Discrimination is Prohibited by the Civil Rights Act
of 1964 and by Executive Order No. 11246.
Title vn of the Civil Rights Act of 1964 - Administered by:
The Equal Employment Opportunity Commission
Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin by Employers
with 25 or more employees, by Labor Organizations with a hiring hall of 25 or more members,
by Employment Agencies, and by Joint Labor-Management Committee for Apprenticeship or
Training,
Any person who believes he or she has been discriminated against should contact:
The Office of Fcderal Contract Compliance Programs
U.S. Department of Labor
Washington, D,C. 20210
NOTICE FOR SOLICITATION FOR BIDS
(BIDNOTICE)-41 CFRPART60-4.2
(VERSION 1, 1/5190)
1. TI1e Offeror's or Bidders's attention is called to the "Equal Opportunity Clause" and the
"Standard Federal Equal Employment Opportunity Construction Contract Specifications" set
forth herein.
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2, The goals and timetables for the minority and female participation, expressed in percentage
terms for the contractor's aggregate workforce in each trade on all construction work in the
covered areas, are as follows:
Timetables
Goal for minority
participation for
each trade
Goal for female
participation in
each trade
Effective until
further notice
1.6%
6,9%
These goals are applicable to all contractor's construction work (whether or not it is Federal or
federally-assisted) perfonned in the covered area. If the contractor perfonns construction work in
a geographical area located outside of the geographical area where the work is actually
perfonned. With regard to this second area, the contractor also is subject to the goals for both its
FederaIly involved and non-federally involved construction.
The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4
shall be based on its implementation of the Equal Opportunity Clause, specific affinnative action
obligations required by the specifications set forth in 41 CFR 60-4.3( a), and its efforts to meet
the goals. The hours on minority and female employment and training shall be substantially
unifonn throughout the length of the contract, and in each trade, and the contractor shall make a
good faith effort to employ minorities and women evenly on each of its projects, The transfer of
minority or female employees or trainees from contractor to contractor or from project to project,
for the sole purpose of meeting the contractor's goals, shall be a violation of the contract, the
Executive Order, and the regulations in 41 CFR Part 60-4, Compliance with the goals will be
measured against the total work hours performed.
3, The contractor shall provide written notification to the Director, OFCCP, within 10 working
days of award of any construction subcontract in excess of $10,000 at any tier for eonstruction
work under the contract resulting from this solicitation. The notification shall list the name,
address, and telephone number of the subcontractor; employer identification number of the
subcontractor; estimated dollar amount of the subcontract; estimated starting and completion
dates of subcontract; and the geographic area in which the subcontract is to be performed.
4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is
BeVerly, Massachusetts, Essex County.
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NOTICE TO PROSPECTIVE FEDERALLY ASSISTED
CONSTRUCTION CONTRACTORS - 41 CFR 60-1.8
(VERSION 1, 1/5/90)
1. A Certification of Nonsegregated Facilities shall be submitted prior to the award of a
federally-assisted construction contract exceeding $10,000 which is not exempt from the
provisions of the Equal Opportunity Clause.
2, Contractors receiving federally-assisted construction contract awards exceeding $10,000
which are not exempt from the provisions of the Equal Opportunity Clause will be required to
provide for the forwarding of the following notice to prospective subcontractors for supplies and
construction contracts where the subcontracts exceed $10,000 and are not exempt from the
provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in
offers is prescribed in 18 U.S,C. 1001.
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS
FOR CERTIFICATION OF NONSEGREGATED FACILITIES
1. A Certification of Nonsegregated Facilities shall be submitted prior to the award of a
subcontract exceeding $10,000 which is not exempt from the provisions of the Equal
Opportunity Clause,
2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the
provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this
notice to prospective subcontractors for supplies and construction contracts where the
subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity
Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U,S.C.
1001.
CERTIFICATION TO BE SUBMITfED BY FEDERALLY ASSISTED CONSTRUCTION
CONTRACTORS AND THEIR SUBCONTRACTORS (APPLICABLE TO FEDERALLY
ASSISTED CONSTRUCTION CONTRACTS AND RELATED SUBCONTRACTS
EXCEEDING $10,000 WHICH ARE NOT EXEMPT FROM THE EQUAL OPPORTUNITY
CLAUSE)
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CERTIFICATION OF NONSEGREGATED FACILITIES
f'
The federally-assisted construction contractor certifies that he does not maintain or provide, for
his employees, any segregated facilities at any of his establislnnents and that he does not pennit
his employees to perform their services at any location, under his control, where segregated
facilities are maintained, The federally-assisted construction contractor certifies that he will not
maintain or provide, for his employees, segregated facilities at any of his establishments and that
he will not pennit his employees to perform their services at any location under his control where
segregated facilities are maintained, The federally-assisted construction contractor agrees that a
breach of this certification is a violation of the Equal Opportunity Clause in this contract.
l
As used in this certification, the term "segregated facilities" means any waiting rooms, work
areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms
and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment
areas, transportation, and housing facilities provided for employees which are segregated on the
basis of race, color, religion, or national origin because of habit, local custom, or any other
reason. The federally-assisted construction contractor agrees that (except where he has obtained
identical certifications from proposed subcontractors for specific periods) he will obtain identical
certifications from proposed subcontractors prior to award of subcontracts exceeding $10,000
which are not exempt from the provisions of the Equal Opportunity Clause and that he will retain
such certifications in his files,
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STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION
CONTRACT SPECIFICATIONS (41 CFR 60-4.3)
(VERSION I, 1/5/90)
I. As used in these specifications:
a, "Covered area" means the geographic area described in the solicitation from which this
contract resulted;
b, "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S.
Department of Labor, or any person to whom the Director delegates authority;
c. "Employer identification number" means the Federal social security number used on the
Employer's Quarterly Federal Tax Return, D,S, Treasury Department Form 941;
d. "Minority" includes:
(1)
Black (all) persons having origins in any of the Black African racial groups not of
Hispanic origin);
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(2)
Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South
American, or other Spanish culture or origin regardless of race);
(3)
Asian and Pacific Islander (all persons having origins in any of the original
peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific
Islands); and
(4)
American Indian or Alaskan native (all persons having origins in any of the
original peoples of North America and maintaining identifiable tribal affiliations
through membership and participation or community identification).
2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, it shall physically include in each subcontract in excess of
$10,000 the provisions of these specifications and the Notice which contains the applicable goals
for minority and female participation and which is set forth in the solicitations from which this
'contract resulted.
,
3, If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved
by the U.S. Department of Labor in the covered area either individually or through an
association, its affirmative action obligations on all work in the Plan area (including goals and
timetables) shall be in accordance with that Plan for those trades which have unions participating
in the Plan. Contractors shall be able to demonstrate their participation in and compliance with
the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an
approved plan is individually required to comply with its obligations under the EEO clause and
make a good faith effort to achieve each goal under the Plan in each trade in which it has
employees. The overall good faith performance by other contractors or subcontractors toward a
goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to
take good faith efforts to achieve the Plan goals and timctables,
4. The contractor shall implement the specific affillllative action standards provided in
paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from
which this contract resulted are expressed as percentages of the total hours of employment and
training of minority and female utilization the contractor should reaSonably be able to achieve in
each construction trade in which it has employees in the covered area. Covered construction
contractors perfolllling construction work in a geographical area where they do not have a
Federal or federally-assisted construction contract shall apply the minority and female goals
cstablished for the geographical area where the work is being performed. Goals are published
periodically in the federal Register in notice form, and such notices may be obtained from any
Office of Federal Contract Compliance Programs office or from Federal procurement contracting
officers. The contractor is expected to make substantially unifollll progress in meeting its goals
in each craft during the period specified.
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5. Neither the provisions of any collective bargaining agreement nor the failure by a union with
whom the contractor has a collective bargaining agreement to refer either minorities or women'
shall excuse the contractor's obligations under these specifications, Executive Order I 1246 or the
regulations promulgated pursuant thereto.
6, In order for the nonworking training hours of apprentices and trainees to be counted in
meeting the goals, such apprentices and trainees shall be employed by the contractor during the
training period and the contractor shall have made a commitment to employ the apprentices and
trainees at the completion of their training, subject to the availability of employment
opportunities. Trainees shall be trained pursuant to training programs approved by the u.s.
Department of Labor.
7, The contractor shall take specific affinnative actions to ensure equal employment opportunity,
The evaluation of the contractor's compliance with these specifications shall be based upon its
effort to achieve maximum results from its actions. The contractor shall document these efforts
fully and shall implement affirmative action steps at least as extensive as the following:
a Ensure and maintain a working environment free of harassmcnt, intimidation, and
coercion at all sites, and in all faCilities at which the contractor's employees are assigned
to work. The contractor, where possible, will assign two or more womcn to each
construction project. The contractor shall specifically ensure that all foremen,
superintendents, and other onsite supervisory personnel are aware of and carry out the
contractor's obligation to maintain such a working environment, with specific attention to
minority or female individuals working at such sites or in such facilities,
b. Establish and maintain a current list of minority and female recruitment sources,
. provide written notification to minority and female recruitment sources and to community
organizations when the contractor or its unions have employment opportunities available,
and maintain a record of the organizations' responses,
c. Maintain a current file of the names, addresses, and telephone numbers of each
minority and female off-the-street applicant and minority or female referral from a union,
a recruitment source, or community organization and of what action was taken with
respect to each such individual, If such individual was sent to the union hiring hall for
referral and was not referred back to the contractor by the union or, if referred, not
employed by the contractor, this shall be documented in the file with the reason therefore
along with whatever additional actions the contractor may have taken,
d. Provide immediate written notifieation to the Director when the union or unions with
which the contractor has a collective bargaining agreement has not referred to the
contractor a minority person or female sent by the contractor, or when the contractor has
other information that the union referral process has impeded the contractor's efforts to
meet its obligations.
II-21
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e, Develop on-the-job training opportunities and/or participate in training programs for
the area which expressly include minorities and women, including upgrading programs .~
and apprenticeship and trainee programs relevant to the contractor's employment needs,
especially those programs funded or approved by the Department of Labor. The
contractor shall provide notice of these programs to the sources complied under 7b above,..,
f. Disseminate the contractor's EEO policy by providing notice of the policy to unions
and training programs and requesting their cooperation in assisting the contractor in
meeting its EEO obligations; by including it in any policy manual and collective
bargaining agreement; by publicizing it in the company newspaper, annual report, etc,; by
specific review of the policy with all management personnel and with ail minority and
female employees at least once a year; and by posting the company EEO policy on
bulletin boards accessible to all employees at each location where construction work is
perfonned.
g. Review, at least annually, the company's EEO policy and aftinnative action
obligations under these specifications with all employees having any responsibility for
hiring, assignment, layoff, tennination, or other employment decisions including specific
review of these items with onsite supervisory personnel such as superintendents, general
foremen, etc., prior to the initiation of construction work at any job site. A written record
shall be made and maintained identifying the time and place of these meetings, persons
attending, subject matter discussed, and disposition of the subject matter.
h. Disseminate the contractor's EEO policy externally by including it in any advertising
in the news media, specifically including minority and female news media, and providing
written notification to and discussing the contractor's EEO policy with other contractors
and subcontractors with whom the contractor does or anticipate doing business:
i. Direct its recruitment efforts, both oral and written, to minority, female, and
conununity organizations, to schools with minority and female students; and to minority
and female recruitment and training organizations serving the contractor's recruitment
area and employment needs. Not later than one month prior to the date for the acceptance
of applications for apprenticeship or other training by any recruitment source, the
contractor shall scnd written notification to organizations, such as the above, describing
the openings, screening procedures, and tests to be used inn the selection process.
j. Encourage present minority and female employees to recruit other minority persons
and women and, where reasonable provide after school, sununer, and vacation
employment to minority and female youth both on the site and in other areas of a
contractor's workforce.
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k. Validate all tests and other selection requirements where there is an obligation to do so
under 41 CFR Part 60-3.
1. Conduct, at least annually, an inventory and evaluation at least of all minority and
female personnel, for promotional opportunities and encourage these employees to seek
or to prepare for, through appropriate training, etc., such opportunities,
m, Ensure that seniority practices, job classifications, work assignments, and other
personnel practices do not have a discriminatory effect by continually monitoring all
personnel and employment related activities to ensure that the EEO policy and the
contractor's obligations under these specifications are being carned out.
n, Ensure that all facilities and company activities are nonsegregated except that separate
or single user toilet and necessary changing facilities shall be provided to assure privacy
between thc sexes.
0, Document and maintain a record of all solicitations of offers for subcontraetors from
minority and female construction contractors and suppliers, including circulation of
solicitations to minority and female contractor associations and other business
associations.
p. Conduct a review, at least annually, of all supervisor's adherence to and performance
under the contractor's EEO policies and affirmative action obligations.
8. Contractors are encourages to participate in voluntary associations which assist in fulfilling
one or more of their affirmative action obligations (7a through p). The efforts of a contractor
association, joint contractor union, contractor community, or other similar groups of which the
contraetor is a member and participant may be asserted as fulfilling anyone or more of its
obligations under 7a through p of these specifications provided that the contractor actively
participates in the group, makes every effort to assure that the group has a positive impact on the
employment of minorities, and women in the induslty, ensures that the concrete benefits of the
program are reflected in the contractor's minority and female workforce participation, makes a
good faith effort to meet its individual goals and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions taken on behalf of the contractor,
The obligation to comply, however, is the contractor's and failure of such group to fulfill an
obligation shall not be a defense for the contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The
contractor, however, is required to provide equal employment opportunity and to take affirmative
aetion for all minority groups, both malc and female, and all women, both minority and
nonrninority. Consequently, if the particular group is employed in a' substantially disparate
manner (for example, even though the contractor has'achieved its goals for women generally,)
II-23
148
the contractor may be in violation of the Executive Order if a specific minority group of women
is underutilized.
10. The contractor shall not use the goals and timetables or affinnative action standards to
discriminate against any person because of race, color, religion, sex, or national origin.
~,.-. ~
II. The contractor shall not enter into any subcontract with any person or filin debarred from
Government contracts pursuant to Executive Order 11246.
12. TIle contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension, tennination, and
cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order
11246, as amended, and its implementing regulations, by the Office of Federal Contract
Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall
be in violation of these specifications and Executive Order 11246, as amended.
13. The contractor, in fulfilling its obligations under these specifications, shall implement
specific affinnative action steps, at least as extensive as those standards prescribed in paragraph 7
of these specifications, so as to achieve maximum results from its efforts to ensure equal
employment opportunity. If the contractor fails to comply with the requirements of the Executive
Order, the implementing regulations, or these specifications, the Director shall proceed in
accordance with 41 CFR 60-4,8,
14, The contractor shall desiguate a responsible official to monitor all employment related
activity to ensure that the company EEO policy is being carried out, to submit reports relating to
the provisions hereof as may be required by the Government, and to keep records. Records shall
at least include for each employee, the name, address, telephone number, construction trade,
union affiliation if any, employee identification number when assigned, social security number,
race, sex, status (e.g, mechanic, apprentice, trainee, helper, or laborer), dates of changes in status,
hours worked per week in the indicated trade, rate of pay, and locations at which the work was
performed. Records shall be maintained in an easily understandable and retrievable fonn;
however, to the degree that existing records satisfY this requirement, contractors shall not be
required to maintain separate records,
15. Nothing herein provided shall be construed as a limitation upon the application of other laws
which establish different standards of compliance or upon the application of requirements for the
hiring of local or other area residents (e.g. those under the Public Works Employment Act of
1977 and the Community Development Block Grant Program),
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INSTRUCTIONS TO BIDDERS
1. Section 60-1.7(b) of the regulations of the Secretary of Labor requires each bidder or
prospective prime contractor and proposed subcontractor, where appropriate, to state in the
bid whether it has participated in any previous contract or subcontract subject to the equal
opportunity clause; and if so whether it has filed with the Joint Reporting Committee, the
Director, an agency, or the fonner President's Committee on Equal Employment Opportunity
all reports due under the applicable filing requirements, In any case in which a bidder or
prospective prime contractor or proposed subcontractor has participated in a previous
contract subject to Executive Orders 10925, 11114, or 11246 and has not filed a report due
under the applicable filing requirements, no contract or subcontract shall be awarded unless
such contractor submits a report covering the delinquent period or such other period specified
by the FAA or the Director, OFCC.
2. To effectuate these requirements, the Bidder shall complete and sign the following statement
by checking the appropriate boxes,
The bidder has [ ] has not [ ] participated in a previous contract subject to the equal
opportunity clause prescribed by Executive Order 10925, Executive Order 11246,
Executive Order 11114.
The bidder has [ ] has not [ ] submitted all compliance reports in connection with
any Such contract due under the applicable filing requirements; and that
representations indicating submission of required compliance reports signed by
proposed subcontractors will be obtained prior to award of subcontracts.
If the bidder has participated in a previous contract subject to the equal opportunity
clause and has not submitted compliance reports due under applicable filing
requirements, the bidder shall submit a compliance report on Standard Form 100,
"Employee Information Report EEO-I " prior to the award of contract.
Dated
,2006
Legal Name ofP,erson, Finn, or Corporation
By
Title
II-25
148
NOTICE TO PROSPECTIVE CONTRACTORS OF REOUIREMENT FOR CERTIFICATION
FOR NONSEGREGATED FACILITIES:
The Following:
...",
- "
Certification of Nonsegregated Facilities must be submitted prior to the award of a contract
or subcontract exceeding $10,000 which is not exempt from the provisions of the equal
opportunity clause.
~,
Certification - the information above is true and complete to the best of my knowledge and
belief,
Name and Title of Signer (Please type)
Signature
Date
INTERNAL
NUMBER
REVENUE
SERVICE
EMPLOYER
IDENTIFICATION
Note: The penalty for making false statements in offers is prescribed in
]8 V.S.C. 1001.
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BUY Ac'-1ERICAN REQUIREMENTS
NOTICE TO BIDDERS
BUY AMERICAN - STEEL AND MANUFACTURED
PRODUCTS FOR CONSTRUCTION CONTRACTORS (JAN 1991)
(a) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given
to steel and manufactured products produced in the United States when funds are expended
pursuant to a grant issued under the Airport Improvement Program, The following terms apply:
1. Steel and manufactured products. As used in this clause, steel and manufactured
products include (I) steel produced in the United States or (2) a manufactured product
produced in the United States, if the cost of its components mined, produced or
manufactured in the United States exceeds 60 percent of the cost of all its components
and final assembly has taken place in the United States, Components of foreign origin
of the same class or kind as the products referred to in subparagraphs (b)(I) or (2) shall
be treated as domestic,
2. Comoonents. As used in this clause, components mean those articles, materials, and
supplies incorporated directly into steel and manufactured products.
3. Cost of Comoonents. 1bis means the costs for production of the components, exclusive
of final assembly labor costs.
(b) The successful bidder will be required to assure that only domestic steel and manufactured
products will be used by the Contractor, subcontractors, materialmen, and suppliers in the
performance of this contract, except those _
(1) that the U,S. Department of Transportation has determined, under the Aviation Safety
and Capacity Expansion Act of 1990, are not produced in the United States in sufficient
and reasonably available quantities and of a satisfactory quality;
(b). that the U,S. Department of Transportation has determined, under the Aviation Safety
and Capacity Expansion Act of 1990, that domestic preference would bc inconsistent
with the public interest; or
( c) that inclusion of domestic material will increase the cost of the overall project contract
by more than 25 percent.
(End of Clause)
II-27
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BUY AMERICAN CERTIFICATE (JAN 1991)
, By submitting a bid/proposal under this solicitation, except for those items listed by the offeror
below or on a separate and clearly identified attachment to this bid/proposal, the offeror certifies
that steel and each manufactured product, is produced in the United States (as defined in the clause
Buy American - Steel and Manufactured Products or Buy American - Steel and Manufactured
Products For Construction Contracts) and that components of unknown origin are considered to
have been produced or manufactured outside the United States.
Offerors shall refer to the lists of articles, materials, and supplies accepted from this provision
included in Exhibit I, Supplemental General Provisions, pages II-26 through II-29
PRODUCT:
COUNTRY OF ORIGIN:
.- (Date)
(Name of Bidder)
By:
Title:
1I-28
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List of Supplies/Materials that the U.S, Government Has Determined Are Not Produced In The
United State In Sufficient and Reasonably Available Quantities and Of Sufficient Quality (Ian
1991).
Acetylene, black.
Agar, bulk.
Anise,
Antimony, as metal or oxide.
Asbestos, amosite, chrysolite and crocidolite.
Bananas.
Bauxite.
Beef, corned, canned.
Beef extract.
Bephenium Hydroxynapthoate.
Bismuth.
Books, trade, text, technical or scientific;
newspapers; pamphlets; magazines;
periodicals; printed briefs and films; not
printed in the United States and for which
domestics editions are not available,
Brazil nuts, unroasted.
Cadmium, ores and flue dust.
Calcium Cyanamide.
Capers.
Cashew nuts.
Castor beans and castor oiL
Chalk, English.
Chestnuts.
Chicle,
Chrome ore or chromite,
Cinchona bark,
Cobalt, in cathodes, rondelles,
or other primary ore and metal forms.
Cocoa beans,
Coconut and coconut meat, unsweetened, in
shredded, desiccated or similarly prepared
fonn,
Coffee, raw or green bean.
Cochicine alkaloid, raw.
Copra.
Cork, wood or bark and waste.
Cover glass, microscope slide.
Cryolite, natural,
Dammar gum.
Diamonds, industrial, stones and abrasives,
Emetine, bulk.
Ergot, crude.
Erthrltyl tetranitrate.
Fair linen, altar.
Fibers of the following types:
abaca, abace, agave, cori, flax, jute, jute
burlaps, palmyra and sisal,
Goat and kidskins
Graphite, nature, crystalline, crucible grade.
Handsewing needles.
Hemp yam.
Hog bristles for brushes,
Hyoscine, bulk.
Ipecac, root.
Iodine, crude,
Kaurigum.
Lac.
Leather, sheepskin, hair type,
Lavender oil.
Manganese.
Menthol, natural bulk.
Mica.
Microprocessor chips (brought onto a
construction site as separate' units, for
incorporation into building systems during
construction or repair and alteration of real
property.)
Nickel, primary, in ingots, pigs, shots,
cathodes orsimiJar forms; nickel oxide and
nickel saJts, Nitroguanidine (also known as
picrite).
11-29
14B-
List of SuppliesJMaterials that the U,S. Government Has Determined Are Not Produced In The
United States In Sufficient and Reasonable Available Quantities and Of Sufficient Quality, (Jan
1991) (CONTINUED)
Nux vomica, crude.
Oiticica oil.
Olive oil.
Tantalum,
Tapioca flour and cassava.
Tartar, crude; tartaric acid and cream of tartar
in bulk. Tea in bulk.
Olives (green), pitted or unpitted, or stuffed,
in bulk.
Thread, metallic (gold).
Thyme oil.
Tin in bars, blocks, and pigs.
Triprolidine hydrochloride.
Tungsten,
Vanilla beans.
Venom, cobra
Wax, canauba,
Opium, crude,
Oranges, mandarin, canned.
Petroleum, crude oil, unfinished oils, and
finished products (see definitions below).
Pine needle oil.
Platimnn and related group metals, refined, as
sponge, powder, ingots, or cast bars.
Woods; logs, veneer, and lumber of the
following species: Alaskan yellow cedar,
angelique, balsa, ekki, greenhart, lignum
vitae, mahogany, and teak.
Pyrethrum flowers.
Quartz crystals.
Quebracho.
Quinidine.
Quinine,
Rabbit fur fell
Radium salts, source and
special nuclear materials.
Rosettes.
Rubber, crude and latex.
Rutile.
Santonin, crude.
Secretin.
Shellac.
Silk, raw and unmanufactured.
Yam, 50 Denier rayon.
Spare and replacement parts for equipment of
foreign manufacture, and for which domestic
parts are not available,
Spices and herbs, in bulk.
Sugars, raw.
Swords and scabbards.
Talc, block, steatite,
II-3D
14B
hydrocarbons that existed in a vaporous phase in a reservoir; and
(2) when recovered and without processing in a refinery, definitions of
products contained in subdivision (B), (C), and (0) ahove,
(1)
"Residual fuel oil" - a topped crude oil or viscous residuum that, as obtained in refining
or after blending with other fuel oil, meets or is the equivalent of MlLSPEC Mil-F-859
for Navy Special Fuel Oil and any more viscous fuel oil, such as No.5 or Bunker C,
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hydrocarbons that existed in a vaporous phase in a reservoir; and
(2) when recovered and without processing in a refinery, definitions of
products contained in subdivision (B), (e), and (G) above.
(I) "Residual fuet oil" - a topped crude oil or viscous residuum that, as obtained in refining
or after blending with other fuel oil, meets or is the equivalent of MILSPEC MiI-F-859
for Navy Special Fuel Oil and any more viscous fuel oil, such as No.5 or Bunker C,
"Unfinished oils" means one or more of the petroleum oils listed under "Finished products"
above, or a mixture or combination of these oils, that are to be further processed other than by
blending by mechanical means.
II - 32
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EXHIBIT J
TECHNICAL SPECIFICATIONS
Please download separate file from www.colliergov.netlbid
GC-CA-J-1
148
148
EXHIBIT K
PERMITS
Please download separate file from www.colliergov.net /bid
GC- CA -K -1
14B
DEPARTMENT OF THE ARMY PERMIT
Permittee: Collier County Airport Authority
2005 Mainsail Drive, Suite I
Naples, Florida 34112
Permit No: SAJ-1997-2362(IP-HWB)
Issuing Office: US Army Engineer District, Jacksonville
JAN 0 8 2007
NOTE: The term "you" and its derivatives, as used in this permit, mean the permittee or
any future transferee. The term "this office" refers to the appropriate district or division
office of the US Army Corps of Engineers having jurisdiction over the permitted activity
or the appropriate official of that office acting under the authority of the commanding
officer.
You are authorized to perform work in accordance with the terms and conditions
specified below.
Project Description: Construct a parallel taxiway and other improvements at the Marco
Island Executive Airport. Project also includes the mowing and trimming of mangroves
and other vegetation to maintain open airspace in accordance with FAA Regulations.
The project would require the discharge of approximately 33,514 cubic yards of fill
material into 13.60± acres of mangrove wetlands and approximately 46,190 cubic yards
of fill material into 7.78± acres of open water estuarine habitat. The work is to be
completed in accordance with the attached plans numbered SAJ-1997-2662 in 13 sheets
dated October 2, 2006 and the Vegetation Management Plan numbered SAJ-1 997-2662
in 4 sheets dated October 2, 2006. These drawings can be found in Attachment A and
Attachment E, which is attached to, and becomes part of, this permit.
Project Location: The project is located at Marco Island Executive Airport at the end of
Mainsail Drive in Section 26, Township 51 South, Range 26 East, Collier County, Florida
and involves tidal mangrove wetlands adjacent to Mclivane Bay, Gulf of Mexico.
Latitude 25059'38" N, Longitude 81040'20" W
DEPARTINIENT OF THE AR-N,1Y
JACKSONVILLE DISTRICT CORPS OF ENG EERS
FORT INIYERS REGL. LATORYOFFICE
1-520 ROYAL PALM SQI.-:ARE BOULEVARD. SUITE 310
FORT NIVERS, FLORIDA 33919
.
DEPARTMENT OF THE ARMY PERMIT
Permittee: Collier County Airport Authority
2005 Mainsail Drive, Suite I
Naples, Florida 34112
Permit No: SAJ-1997-2362(IP-HWB)
Issuing Office: US Army Engineer District, Jacksonville
JAN 0 8 2007
NOTE: The term "you" and its derivatives, as used in this permit, mean the permittee or
any future transferee. The term "this office" refers to the appropriate district or division
office of the US Army Corps of Engineers having jurisdiction over the permitted activity
or the appropriate official of that office acting under the authority of the commanding
officer.
You are authorized to perform work in accordance with the terms and conditions
specified below.
Project Description: Construct a parallel taxiway and other improvements at the Marco
Island Executive Airport. Project also includes the mowing and trimming of mangroves
and other vegetation to maintain open airspace in accordance with FAA Regulations.
The project would require the discharge of approximately 33,514 cubic yards of fill
material into 13.60± acres of mangrove wetlands and approximately 46,190 cubic yards
of fill material into 7.78± acres of open water estuarine habitat. The work is to be
completed in accordance with the attached plans numbered SAJ-1997-2662 in 13 sheets
dated October 2, 2006 and the Vegetation Management Plan numbered SAJ-1 997-2662
in 4 sheets dated October 2, 2006. These drawings can be found in Attachment A and
Attachment E, which is attached to, and becomes part of, this permit.
Project Location: The project is located at Marco Island Executive Airport at the end of
Mainsail Drive in Section 26, Township 51 South, Range 26 East, Collier County, Florida
and involves tidal mangrove wetlands adjacent to Mclivane Bay, Gulf of Mexico.
Latitude 25059'38" N, Longitude 81040'20" W
14Bi'V I
SAJ- 1997- 2362(1 P -HW B)
Marco Island Executive Airport
General Conditions:
1. The time limit for completing the work authorized ends on NOVEMBER 24. 2011. if
you find that you need more time to complete the authorized activity, submit your
request for a time extension to this office for consideration at least one month before
the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish
to cease to maintain the authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and State coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for
listing in the National Register of Historic Places.
4. if you sell the property associated with this permit, you must obtain the signature and
mailing address of the new owner in the space provided and forward a copy of the
permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must
comply with the conditions specified in the certification as special conditions to this
permit. For your convenience, a copy of the certification is attached (Attachment B).
6. You must allow representatives from this office to inspect the authorized activity at
any time deemed necessary to ensure that it is being or has been accomplished in
accordance with the terms and conditions of your permit.
7. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structures or work herein
authorized, or if, in the opinion of the Secretary of the Army or his authorized
representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the permittee will be required, upon due notice from
the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions
caused thereby, without expense to the United States. No claim shall be made against
the United States on account of any such removal or alteration.
2
SAJ -1997- 2362(1P -HWB)
Marco island Executive Airport
Special Conditions:
146
1. The permittee shall notify the Corps in writing at least 48 hours prior to
commencement of the work authorized by this permit and shall provide a written status
report every six months until the authorized work has been completed. This
commencement notification, status reports, monitoring reports, and all other reports
regarding this permit shall be submitted to the U.S. Army Corps of Engineers,
Regulatory Division, Enforcement Section, P.Q. Box 4970, Jacksonville, Florida 32232-
0419 and shall reference the permit number.
2. The applicant shall provide compensatory mitigation for unavoidable wetland
impacts by enhancing an off -site parcel owned by The Rookery Bay National Estuarine
Research Reserve known as the "Trash Road Mitigation Site" (Attachment C). The
parcel is 324.16 acres and is located along the west side of Barefoot Williams Road in
Section 5, 8 & 9, Township 51 South, Range 26 East, in Collier County, Florida. The
mitigation plan includes 7.56 acres of wetland restoration, 213.97 acres of wetland
enhancement, 79.41 acres of upland enhancement, backfilling of 1.0 acre of ditches to
restore natural hydrology, and geo- webbing of two sites along a 1.23 acre Florida Power
and Light easement road to re- establish surface water sheet flow. These mitigation
activities shall be completed prior to wetland impacts occurring at Marco Island
Executive Airport.
3. Unless identified in the Trash Road Mitigation Plan (Attachment C) or otherwise
specifically stated in the Special Conditions of the permit, the Trash Road Mitigation
Site shall remain in a natural state in perpetuity and shall not be disturbed by any
dredging, filling, land clearing, agricultural activities, planting, or other construction work
whatsoever. Any deviation from the mitigation plan shall require Department of Army
authorization, either as a modification to any permit issued or a separate authorization,
and may require additional mitigation.
4. The 324.16 Trash Road Mitigation Site shall be enhanced and managed in
perpetuity for the control of invasive exotic vegetation as defined by the Florida Exotic
Pest Plant Council's 2001 List of invasive Species (Category 1) (http: / /www.fleppc.o[gi).
There shall be no invasive exotic vegetation or nuisance plant species of seed bearing
size in the mitigation area. Plants over three feet in height are considered to be seed
bearing size. At no time shall the density of invasive exotic vegetation or nuisance plant
species smaller than seed bearing size exceed 2% of the aerial cover in any individual
stratum. At no time shall the total density of invasive exotic vegetation or nuisance plant
species smaller than seed bearing size exceed a total of 4% for all strata.
3
SAJ- 1997- 2362(IP -HWB) 14B
Marco island Executive Airport
5. The permittee shall monitor the 321.16 -acre Trash Road Mitigation Site.
Monitoring shall consist of baseline monitoring (prior to mitigation construction), time -zero
monitoring (within 30 days following completion of the mitigation work), and annual
monitoring reports thereafter. All monitoring reports shall be mailed to the U.S. Army
Corps of Engineers, Regulatory Division, Enforcement Section, Post Office Box 4970,
Jacksonville, Florida 32232 -0019. Each monitoring report shall include data collected on
vegetation, wildlife, rainfall, and wetland water levels, and other information as described
in Attachment C and must also include the following items:
(1) Department of the Army Permit number,
(2) Sequence number of the report being submitted,
(3) Date the next report is expected to be submitted, and
(4) Brief summary of the status of the mitigation including any problems
encountered and the remedial actions taken.
6. Annual monitoring shall continue for a minimum of five years. After five years of
monitoring, additional monitoring would be required unless and until the success criteria
has been met for three consecutive years. A request for a final inspection shall be
submitted with the last monitoring report. The Corps of Engineers shall make the
success determination.
7. Prior to the commencement of any construction on the project site, the applicant
shall purchase the 26.04 acres of mangrove islands (three separate
islands)(Attachment D) and donate /convey the ownership of the 26.04 acres of
mangroves islands to the Rookery Bay National Estuarine Research Reserve (or the
appropriate office of the Florida Department of Environmental Protection),
8. The mitigation areas shall be considered successful when the following is met:
• The vegetative cover, within the wetland mitigation areas, shall be at least 80%
coverage continuously for a period of three years with native wetland vegetation.
• Nuisance and exotic species shall be limited to less than 4% of the total vegetative
cover in any and all areas.
• A statement from Rookery Bay National Estuarine Research Reserve that the
Trash Road Parcel has been enhanced and restored in accordance with the
mitigation plan and that Rookery Bay National Estuarine Research Reserve
assumes full responsibility for the perpetual maintenance and management of the
parcel as a natural area free of exotic vegetation.
• The 26.04 acres of mangrove islands has been purchased and donatediconveyed
to the State of Florida.
91
14B
SAJ-1 997-2362(IP-HWB)
Marco island Executive Airport
9. Your responsibility to complete the required compensatory mitigation as set forth in
the Special Conditions above, will not be considered fulfilled until you have demonstrated
mitigation success and have received written verification from the U.S. Army Corps of
Engineers. '
10. Mowing, clearing and trimming of mangroves within or around the project site
shall be conducted in accordance with the Vegetation Management Plan (Attachment
E). Any deviation from the Vegetation Management Plan shall require Department of
Army authorization, either as a modification to any permit issued or a separate
authorization, and may require additional mitigation.
11. If during the progress of this project, prehistoric or historic artifacts, such as pottery
or ceramics, stone tools or metal implements, or any other physical remains that could be
associated with Native American cultures are encountered at any time within the project
site area, work should cease in the immediate vicinity of such discoveries. The permittee,
or other designee, should contact the Florida Department of State, Division of Historical
Resources, Review and Compliance Section at 850/245 -6333 or 800/847 -7278, as well
as the appropriate permitting, agency office. Project activities should not resume without
verbal and /or written authorization from the Division of Historical Resources. In the event
that unmarked human remains are encountered during permitted activities, all work shall
stop immediately and the proper authorities notified in accordance with Section 872.05,
Florida Statutes.
12. No construction or mangrove trimming shall occur during the American crocodile
nesting season between the months of March through September.
13. Within 60 days of completion of the work authorized and mitigation, the permittee
shall provide to the US Army Corps of Engineers as -built drawings of the authorized work,
including mitigation, and a completed As -Built Certification Form (Attachment F).
14. If the approved permit drawings conflict with the specific conditions, then the
specific conditions should prevail.
5
148
SAJ- 1997- 2362(IP -HWB)
Marco Island Executive Airport
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity
described above pursuant to:
() Section 10 of the Rivers and Harbors Act of 1809
(33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State, and local
authorization required by law,
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal
projects.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not
assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation
of this permit.
N
GAJ-1987-2362//P'HVVB\
Marco Island Executive Airport
14B
4. Reliance on Applicant's Data: The determination of this office that issuance of this
permit is not contrary to the public interest was made in reliance on the information you
5. Reevaluation of Permit Decision: This office may reevaluate its decision Onthis
permit at any time the circumstances warrant. Circumstances that could require a
reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b' The information provided by you in support of your permit application proves to
have been false, incomplete, or inaccurate (see 4 above).
the original public interest, decision.
C. Significant new information surfaces, which this office did not consider inreaching
Such a reevaluation may result ine determination that itia appropriate fO use the
suspension, modification, and revocation procedures contained in33CFR325.7or
enforcement procedures such oo those contained /nJ3CFR326.4 and 3205 The
re��renoedenfbrc*nnentprocedures pnovkjefor the issuance ofaOadrniniat—'iweorder
requiring You comply with the terms and conditions of your pen-nit and for th=ir�iabon
Of legal action where appnophate. You wiUbe required to pay for any cone~~
measures ordered by this nfhce.and if you fail tocornp/yvv�h such dine[ti*s-this ofhce
rnayin certain situa�ona(auoh�atho�e specified �3CFFl2O9 ' '
` �pe� 8 n .�7O)ao�Ornp|iSh the
co�ectiverneaourasby contract orotherwise and bU|you for the cost.
'
{l Extensions: General Condition 1 establishes a time limit for the nnfthe
activity authorized by this permit. Unless there are Ci[cuDlSt8DCeo[equi�.g-a�h8r8
prompt oz �huncfUleaudlor�ed orareeva/uabonof the public ��--
decision, the Corpmv�U � nonna/|ygivetevonab/eoon�ideratonto� requaat r---'
extension of this time limit.
7
SAJ- 1997- 2362(IP -HWB)
Marco Island Executive Airport
JAN 0 8 2007 14B
Your signature below, as permittee, indicates that you accept and agree to comply with
the terms and conditions of this permit.
(PE rE} (DATE)
Theresa �'Joo�� C K cv -iyc imec-6s-, �I1 '� eL -Coin
(TYPE OR PRINT PERMITTEE NAME AND TITLE) ko c- i
This permit becomes effective when the Federal official, designated to act for the
Secretary of the Army, has sign d below.
Z�n /f i 9 ...
(,_ (Di TRICT EN } (DATE) -
P L L. GROSS GER
Colonel, U.S. Ar
THIS PERMIT CONTAINS 6 ATTACHMENTS, TOTALING 41 PAGES
Attachment A — PERMIT DRAWINGS (13 pages dated October 2, 2006)
Attachment B — SPECIFIC CONDITIONS from FDEP (Permit 11- 0129042 -002 dated
June 26, 2003 - 5 pages)
Attachment C — TRASH ROAD MITIGATION PLAN (13 pages dated October 2, 2006)
Attachment D — MANGROVE ISLANDS TO BE PURCHASED (3 pages)
Attachment E — VEGETATION MANAGEMENT PLAN (4 pages dated October 2, 2006)
Attachment F — AS BUILT CONDITIONS (3 pages)
SAJ - 1997- 2362(IP -HVbB)
Marco Island Executive Airport
Permit Transfer: When the structures or work authorized by this permit are still in
existence at the time the property is transferred, the terms and conditions of this permit
will continue to be binding on the new owner(s) of the property. To validate the transfer
of this permit and the associated liabilities associated with compliance with its terms
and conditions, have the original permittee and the new transferee sign and date below.
(PERMITTEE — SIGNATURE AND TITLE
PERMIT NUMBER: SAJ - 1997- 2362([P-HWB)
DATE
LOCATION & AUTHORIZED WORK: The project is located at Marco Island Executive
Airport at the end of Mainsail Drive in Section 26, Township 51 South, Range 26 East,
Collier County, Florida and involves the construction of a parallel taxiway and other
improvements in tidal mangrove wetlands adjacent to Mcllvane Bay, Gulf of Mexico.
Latitude 25 059'38" N, Longitude 81040'20" W
(TRANSFEREE - SIGNATURE)
(NAME AND TITLE - PRINTED/TYPED)
( DATE)
(NAME AND ADDRESS (CITY, STATE, AND ZIP CODE) - PRINTED/TYPED)
(TELEPHONE NUMBER)
The above transfer agreement should be completed and mailed to the local Corps of
Engineers Regulatory Office or to:
U.S. Army Corps of Engineers, Jacksonville District
ATTN: Regulatory Division, Enforcement Section
P.O. Box 4970
Jacksonville, Florida 32232 -0019
N
14B
SAJ -1 997 - 2362(1 P -HWB)
Marco Island Executive Airport
ATTACHMENT A:
PERMIT DRAWINGS
(13 pages dated 2 October 2906)
SAM 997- 2362(IP -HW B)
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ATTACHMENT B:
WATER QUALITY CERTIFICATION
Florida Department of Environmental Protection
Environmental Resource Permit trio_ 11- 0129042 -002 dated June 26, 2003
23 Specific Conditions (5 pages)
Permittee: Collier County Ai,,,irt Authority
Permit No. 11- 4129042 -002
Page 6 of I I
16_ The permittee shall notify the Department in writing within 30 days of any sale,
conveyance, or other transfer of ownership or control of a permitted system or the real property on
which the permitted system is located. All transfers of ownership or transfers of a permit are
subject to the requirements of Section 62- 343.130, F.A.C. The permittee transferring the permit
shall remain liable for corrective actions that may be required as a result of any violations prior to
the sale, conveyance or other transfer of the system.
17. Upon reasonable notice to the permittee, Department authorized staff with proper
identification shall have permission to enter, inspect, sample and test the system to insure
conformity with the plans and specifications approved by the permit.
18. If historical or archaeological artifacts are discovered at any time on the project site, the
permittee shall immediately notify the appropriate Department office.
19. The permittee shall immediately notify the Department in writing of any previously
submitted information that is later discovered to be inaccurate.
SPECIFIC CONDITIONS:
Construction
I. Deposition of fill shall be completed in those areas adjacent to crocodile inhabited areas
immediately after nesting season to allow the crocodiles to become accustomed to the change prior
to the next nesting season. No construction activities shall take place in or adjacent to crocodile
inhabited area between the months of March and September, or whenever active crocodile nesting
occurs. Precautions shall be taken to avoid all crocodile/human interactions.
2. Staked filter cloth shall be positioned at the edge of the permitted fill slopes in order to
contain turbid run -off and erosion prior to commencement of construction. This filter cloth shall be
maintained in place until all slopes are completely stabilized by sod, 'seed or affirmative plantings.
3. AH slopes/areas disturbed by constriction shall be sodded or otherwise stabilized as
necessary to prevent erosion, siltation and turbid discharges in the surrounding wetlands.
4. The limits of fill shall be clearly flagged to ensure no inadvertent impacts occur to
waters of the State and wetlands pursuant to 62 -340 Florida Administrative Code (FAC) other than
what is authorized in this perinit. All construction activities shalt be confined to the permitted limits
of fill. Any incidental filling or impacting of wetlands beyond the Iimits of construction far this
authorization are not permitted. Those portions of the applicant's property that are wetlands as
defined in Chapter 62 -340 FAC, and not subject to permanent impacts authorized by this permit
shall be left in their natural state. These areas shalt not be used for parking, equipment storage,
construction corridors, building supply storage or as a staging area for construction. These
areas shall not be filled, sodded, or cleared without prior written consent from the Department in the
fort of an Environmental Resource Permit or a modification of this permit. These areas shall be
kept free and clear of maiunade trash and debris-in perpetuity.
}4B
Permittee: Collier County Aiit,,,rt Authority
Permit No. 11- 0129042 -002
Page 7 of 1 I
5. All activities authorized by this permit shall be implemented as set forth in the plans,
specifications and performance criteria as approved by this permit. Any deviation from the
permitted activity and the conditions for undertaking that activity shall constitute a violation of this
permit and a violation Qf Part Four of Chapter 373, Florida Statutes (F.S.).
Mitigation
b. The permittee shall donate /convey to the State of Florida the land shown on Figure 6
(attached) the 25.04 acres of land. This shall be accomplished within 270 days of issuance of this
permit. The Department may extend this time in writing provided sufficient cause is shown in the
submitted "Land Conveyance Status Reports" as noted in the Monitoring Section of this permit
without a formal modification to this permit.
7. Prior to utilization of those areas authorized by this permit, the permittee shall mitigate
for the approximate 35.6 acres of permanent wetland impact by implementing the attached "Marco
Island Executive Airport Trash Road (West) Mitigation Area Wetland Mitigation/Monitoring PIan"
(Plan) in Rookery Bay National Estuarine Research Reserve (RBNERR), Collier County. The
permittee shall submit to the Florida Department of Environmental Protection, South District
Office, SLERP Compliance and Enforcement Section, P.O. Box 2549, Fort Myers, FL 33902 -2549
Progress reports, every 6 months, starting from the issuance date of this permit. The reports shall
contain information, including but not Iimited to, the following. (1) a label indicating: "Progress
Report for the implementation of the Marco Island Executive Airport Trash Road (West) Mitigation
Area Wetland Mitigation/Monitoring Plan, FDEP Permit No. 11- 0129402 -002" and (2) a statement
indicating the current status and expected completion date. Implementation is defined as
completing all enhancement and restoration work. It shall not include the monitoring provision of
the Plan.
Monitoring
8. The permittee shall monitor the mitigation site by implementing the attached Plan in
RBNERR, Collier County.
9. The permittee shall monitor /evaluate adjacent mangrove wetlands before and after
surcharging to detect any change in adjacent elevations (as referenced to NGVD). The results of the
monitoring shall be submitted to the Florida Department of Environmental Protection, South
District Office, SLERP Compliance and Enforcement Section, P.O. Box 2549, Fort Myers, FL
33902 -2549 within 30 days of completion of surcharging. The reports shall contain information,
including but not limited to, the following: (1) a label indicating: "Monitoring/Evaluation Report
for Surcharging Operation for the Marco Island Executive Airport, FDEP Permit No. 11- 0129402-
002"; (2) a plan view drawing of the Marco Island Executive Airport with elevations, as
referenced above, noted (before and after surcharging operations); (3) a statement indicating the
change in elevation (if applicable) and square footage of the area(s) that were impacted; and (4) if
the results of the monitoring show a significant increase in elevation, as determined by the
Department, that could potentially result in adverse impacts, the permittee shall submit a plan
Permittee: Collier County AjifjonAuthority 14B
Permit NO. I 1- 4129042 -002
Page 8 of I I
acceptable, to the Department to mitigate for those impacts and to ensure the area(s) . are kept free of
nOxiousfinvasive exotic vegetation as listed by the most recent list of the Florida Exotic Pest Plant
Council within 90 days of notification.
10. The permittee shall submit to the Department, every 60 days after the issuance of this
permit a Land Conveyance Status Reports that indicates the status of the conveyance of e 26'.04
acres o, th
f land as noted in Figure 6 (attached). The reports shall contain information, including but
Marco Island Ex th
not limited to, the following: (1) a label indicating: "Land Conveyance Status Report for e
Executive Airport, FDEP Pen-nit No. 11- 0129402 -002" and (2) a statement indicating
the status of the conveyance and the expected conveyance sate. These reports shall continue
the land is fully conveyed to the State and shall be submitted to the Florida unti
Environmental Protection, South District Office, SLERP Compliance da Department of and Enforcement Section,
P.O. Box 2549, Fort My=, FL 33902-2549. 1
STORMWATER:
11. S tOrrnwater Treatment Facilities (Basins DA I through DA5):
a_ Detention Area:
Bottom Elevation
Minimum Side Slopes
3.50 Feet, NGVD
Bottom/Slopes/Berms
4:1
Sod or Seed and Mulch
b. Outfall (Discharge) Control Structures (3
each):
FDOT Structure Type:
Type "D"
Aluminum Baffle Elevations:
Grate (Overflow) Elevation:
Varies per structure (see drawings)
3-inch Bleeder Invert Elevation:
3.80 Feet, NGVD
2.50 Feet NGVD
Discharge Culvert:
Invert Elevation:
19" x 30"' ERCP
1.00 Feet, NGVD
C. Spreader Swale:
Bottom Elevation:
Rip- Rapped Crest - Elevation:
1.0 Feet, NGVD
Swale Stabilization
1.5 Feet NGVD
Seed and Mulch (per drawings)
Receiving Body: Rookery Bay Aquatic Preserve, a Class II Outstanding Florida
Waterbody (OFNV) Prohibited From Shellfish Harvesting.
12- Storrnwater Treatment Facility (Basin DA6):
a. Retention Area:
Bottom Elevation 3.50 Feet, NGVD
Minimum Side Slopes 4:1
Bottom/Slopes/Berms Seed and Mulch
Permittee: Collier County Aiif.irt Authority
Permit No. 11-0129042-002
Page 9 of 1 I
Receiving Body: Rookery Bay Aquatic Preserve, a Class II Outstanding Florida
Waterbody (QFt) Prohibited From Shellfish Harvesting.
Wet Season Water Table Elevation: 2.5 Feet, NGVD
148
13. For Basin DAI only, the minimum top of berm will be constructed at Elevation 5.00
Feet, NGVD, and to the section shown in the permit drawings.
14. A stable, ,permanent and accessible elevation reference (benchmark) shall be established
on or within one hundred (l 0o) feet of all permitted discharge structures no later than the
submission of the statement of completion and certification. The location of the elevation reference
must be noted on or with the certification statement.
15. Best management practices for erosion and turbidity control, including, but not limited
to, the use of staked hay bales, silt screens, and turbidity curtains shall be used and maintained as
necessary at all times during project construction.
16. All areas disturbed by construction shall be sodded or otherwise stabilized within 48
hours Of attaining final grades or at any other time as necessary to prevent erosion, siltation and
turbid discharges in violation of State water quality standards in waters of the State.
17_ All detention area bottoms and slopes shall receive full sod as noted on the drawings.
All other disturbed areas not receiving sod shall receive seeding and mulching.
18. Specific Condition No. 9 of Permit No. 11- 0138940 -002 (Marco Island Executive
Airport T- Hangar) remains in full effect and is incorporated here. SPECIFICALLY, The oil/water
separator shall be inspected on a regular basis and the skimmer socks replaced and sediment
removed, as necessary. Any evidence of oil in the detention area, outfall structure or spreader swale
will require such an inspection and replacement of the skimmer socks. A determination of the
source of the oil shall be made and corrected immediately.
19. The removal of the existing outfall control structure and associated spreader Swale for
the T- Hangar project shall be coordinated with the construction of the proposed system. The
culvert from the oil/water separator to the temporary detention area shall be modified so that it
properly connects to the proposed DA I detention area.
20. Facilities other than those stated herein shall not be constructed without an approved
modification of this permit.
21. As presented in the permit application and supporting documents, the operation and
maintenance of the stormwater treatment system shall be the responsibility of Collier County
Airport Authority. Therefore, operation and maintenance of the permitted activity shall be the
responsibility of Collier County Airport Authority.
ermittee: Collier County A.-port Authority
Permit No. 11-0129042-002
Page 10 of I I
22.- All required submittals, such as certifications, monitoring reports, notifications, etc.,
shall be sumitted to the Florida Department of Environmental Protection, South District Office,
P.O. Box 2549, Fart Myers, FL 33902 -2549. All submittals shall include the project name and
indicated permit number when referring to this project.
23. The project shall comply with applicable State Water Quality standards, namely:
62 -302 -500 - Minimum Criteria for All Waters at All Times and All Places; General
Criteria.
62- 202.550 - Criteria - Class iI Waters.
Executed in Fort Myers, Florida
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Richard W. Cantrell
Director of
District Management
RWC/LB /CA/ca
Enclosures
I t pages attached
I 1 drawings attached
One (1) reduced (I 1 "xi 7") drawing, Figure 6, which indicates those lands to be conveyed.
One (1) reduced (8 '% "x 11") drawing, which indicates the wetland impacts.
Four (4) reduced (8 1r3 "x i I ") drawings, which indicates mitigation areas.
Five (5) reduced (i I "xI7 ") drawings as signed and sealed by David'S. Wil"on, P.E., on January 30, 2003.
Copies furnished to:
CC: U.S. Army Corps of Engineers,
Collier County Property Appraiser
Florida Fish and Wildlife Conservation Commission
Deltona Signatories
The Conservancy of Southwest Florida, Attn: Elinor V. Krier, 1450 Men -lue Drive, Naples, F1 34 IO2
The National Audubon Society, Attn: Stuart Stahl, 444 Brickell Ave., Ste 850, Miami, FI 33131
The Florida Audubon Society, 1331 Palmetto Ave., Ste 110, Winter Park, F132789
Environmental Defense Fund, Attn: J. Tripp, 257 Park Avenue, South, New York, NY 100 10
Izaak Walton League, Florida Division, Attn: J. Green, 700 Biltmore Way, Apt. 407, Coral Gables, Fl 33134
South Florida Water Management District, Amt: Henry Dean, 3301 Gun Club Rd., West Palm Beach, FI 33406
Florida Department of Community Affairs, Amt: Ray Eubanks, 2555 Shumard Oak BIvd., Tallahassee, FI
2399 -21 oo
The Deltona Corporation, Attn: Sharon Hummerhielm, 999 Bricked Ave., Suite 700, Miami, Fl 33131
Bd Of CO Commissioners, Attn: Honorable Carter, 3301 Tamiami Trail, East, Naples, Fl 341124942
14B
14B
SAJ -1997- 2362(! P -HW B)
Marco Island Executive Airport
ATTACHMENT C:
SPECIAL CONDITIONS
Trash Road Mitigation Plan
(13 Pages dated 2 October 2006)
MARCO ISLAND EXECUTIVE AIRPORT
TRASH ROAD (WEST) MITIGATION AREA
WETLAND MITIGATIONIMONITORING1 MAINTENANCE PLAN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
PERMIT APPLICATION NO. 11- 0129042 -002
Revised November 12, 2002
INTRODUCTION
The following outlines the wetland mitigation, monitoring, and maintenance plan for the 324.16E
acre Trash Road (West) mitigation site located along on the west side of Barefoot Williams Road
in Sections 5, 9, and 9, Township 5I South; Range 26 East; Collier County (Figure I). The
expansion of the Marco Island Executive Airport will result in unavoidable wetland impacts to
Florida Department of Environmental Protection (FDEp
offset these impacts, it is proposed to restore and enhance�the cTrash Rowetlands.
d (West) order
roeerty
located within the Rookery Bay National Estuarine Research Reserve (West) Trash p d
(West) mitigation plan includes 7.56+ acres of wetland restoration; 2I 3 9 �) acres of wettlland
enhancement, 1$.96+ acres of upland restoration; 20.991 acres of "other surface waters"
preserve; 60.45+ acres of upland enhancement; backfilling of ditches to restore natural
hydrology; and geo- webbing of two sites along the FPL easement road to the southwest of the
property. A mitigation plan is provided as Figure 2. These mitigation activities will be
completed prior to wetland impacts occurring at the Marco Island Executive Airport.
MITIGATION PLAN
Exotic Removal and Nuisance Vegetation Removal
The mitigation plan for the Trash Road (West) mitigation site includes enhancing 213.971 acres
of wetlands by hand removal of exotics and nuisance vegetation, regrading an existing
unimproved road for easier maintenance access and enhancing 60.45E acres of upland preserves
by hand removal of exotics and nuisance vegetation. The enhancement will include the removal
Of exotic and nuisance vegetation from wetland and upland
eradicated include those listed by the Exotic Pest plant Council (EPPC),whicheincludesbut are to be
not limited to melaieuea, Brazilian pepper, Australian pine, downy rose - myrtle, primrose willow,
old world climbing fern, and cattail.
The hand removal of exotic and nuisance vegetation will include one or more of the following
methods: (1) cut exotics within 12 inches of ground elevation, hand remove cut vegetation, and
treat remaining stump with approved herbicide
Pine with diameter at breast height BH a (�� girdle standing melaleuca and Australian
(D ) greater than four inches and apply approved herbicide
to cambium; (3) foliar application of approved herbicide to melaleuca (saplings only), Brazilian
Pepper, Australian pine, downy rose myrtle, and nuisance and exotic vegetation as defined by
EPPC; and (4) foliar application of approved herbicide or hand pulling of exotic seedlings and
SAJ- 1997- 2362(IP -HWB) PERMI "# R c2 r_
Marco Island Executive Airport
Trash Road Mitigation Plan
2 October 2006 � 1 0 1 Z-9-
9 4-2 -0-0-2 JAN 3 Q 2003 t of 6
Page l of 13 h rw w.
nuisance vegetation as defined by the FLEPPC.
nearby native vegatation.
Overspray precautions will be taken to protect
In areas where the density of melaleuca trees exceeds 50 percent, cuttings will either be removed
from the site or stacked in piles at approximately 75 foot intervals. If left on the site, smaller
cuttings will be stacked butt end to the ground into a nearly vertical position (i.e., teepee
method). Larger cuttings will be cut and stacked side by side into an area approximately six feet
on a side. Cuttings will be stacked perpendicular to the previous layer up to a height of
approximately four feet (i.e., log cabin method). Cuttings will be stacked in upland areas or in
areas where the most disturbance has occurred.
Farm Field Wetland and Upland Restoration
Farm field restoration will include mechanized land clearing of exotics. Mechanized equipment
will be brought in the farm field using the ingressJegress easement road known as "Trash Road ".
After clearing, the areas designated as wetland restoration will be contoured to match adjacent
wetland ground elevations, and areas designated as upland restoration will be graded to match
adjacent upland elevations. An as -built survey of the graded site will be performed to ensure the
desired elevations have been obtained. After review and approval of the final grades, the area
will be planted with native wetland and upland vegetation. The planting of native vegetation will
be the responsibility of the FDEP NERR. A topographic survey of the contoured wetlands -will
be provided to the FDEP for review and written approval prior to initiation of planting. Silt
fencing will be installed where grading activities are adjacent to native wetland and upland
habitats.
Table I Iists the native upland and wetland species to be planted within the restored areas. The
planting list provided in Table I is a minimum planting list. Additional native species may be
planted after authorization by FDEP.
Table 1. Planting List for the Trash Road (West) Mitigation Site
Co. S
Mmon Name ` cientiFc Name
Sash
Wax
Gulfdune p
Needlerush
Saw grass
Gulfdune paspalum
Farm Field
Minimun' i
Height.
Prnus elltottu
3 f},
Myyrica ceri era
3 ft.
Spartina baker
12 in.
Paspalum monostachyum
12 in.
Juncus roemerianus 1
12 in
Farm Field Herbaceous Wetland
Cladium jamaicense
12 in.
Pas alum monostach m
12 in.
Pickerelweed Pontederia cordata 12 in.
S ikerush Eleocharis interstintca 12 in.
Needlerush Juncus roemerianus 12 in.
SAJ- 1997- 2362(IP -HW B)
Minimum
Container
Size
Planting
Instruction
14B
I al.
loft. O.C.
I al.
10 ft. O.C.
4 in.
3 ft. O.C.
4 in.
3 ft. 0. C.
4 in.
3 ft. Q.C.
4 in.
4 in.
4 in.
4 in.
4 in.
3 ft. O.C.
3 ft. Q.C.
3 ft. O.C.
3 ft. O.C.
3 ft. O.C.
Marco Island Executive Airport ___�'�`� nr•,� -,�t� s.
Trash Road Mitigation Plan "� 2 of 6
2 October 2006 0129042 002 r A M-4 n
1D111.,. ') „C i '7
14B
Table I. (Continued)
Common Name
Scientific Name 14Zinimurn
Minimum
Planting
F�eigllt
Container
Instruction
Size
Farm Field Herbaceous Wetland Plantin s Continued
Leather fern
VA istichum l2 in.
4 in.
aei olium
3 f1.O.C.
Farm Field Forested Upland Piautin -s
Slash ine
Wax m to
Finus elliotlii 311. i
M rzca Geri
1 gal.
10 .ft. O.C.
Wiregrass
era 3 ft.
�ristida stricta 12 in.
1 gal.
10 $. Q.C.
Saw almetto
Serenoa re ens 12 in.
4 in.
3 ft. O.C.
I al.
5 ft. O.C.
Backfilling Ditch
The ditch backfilling will include the mechanical removal of the existing berm and ditch, as
shown on the nxiti gation plans. The material from the berm will be used to backftll the adjacent
ditch. The berm removal and backfilled ditch will be graded to match adjacent wetland and
upland ground elevations. An as -built survey of the graded site will be performed to ensure the
desired elevations have been obtained. The backflled ditch area will be planted per the planting
list in Table I.
Geo- Webbing
In addition to mitigation work on the Trash Road (West) parcel, three geo -web, sections will be
constructed within the FPI, easement located along the southwest boundary of the property. The
construction of the three geo -web sections will re- establish surface water sheet flows in this area.
The location and details of the geo -web sections are provided in the mitigation plans.
MITIGATION SUCCESS CRITERIA
The mitigation areas shall be considered successful if at the end of five years the wetland
enhancement areas contain at least 80 percent cover by desirable obligate and facultative wetland
plant species. The wetland and upland areas shall be free from exotic and nuisance vegetation
immediately following a maintenance activity and will consist of no more than three percent
cover for exotics and nuisance species. Exotic and nuisance vegetation species are identified as
those species listed by the EPPC at the time of permit issuance.
I1
SAJ- 1997- 2362(IP -HWQ)
Marco Island Executive airport
Trash Road Mitigation Plan
2 October 2008
I'age 3 of 13
PER M, IT 1,
0129012 Oat
D Ep.
RECEIVED
JAN 3 0 2003
D.E.P. Punta Garda
3 of 6
RECEL'VED
MONITORING
Monitoring Methodology
14B
The proposed monitoring of the enhanced and restored wetlands and uplands will consist of
baseline, time -zero, and annual monitoring of vegetation, wildlife, rainfall, and wetland water
levels. Baseline monitoring will document conditions in the project site as they currently exist.
Time -zero monitoring will document conditions immediately following wetland and upland
enhancement and restoration. The annual . reports will document conditions following
enhancement and restoration activities and document the extent of success of the project. If
needed, the annual reports will iden #ify specific actions to be taken to improve the conditions
within the project area. Sampling transects and methodology for the baseline, time -zero, and
annual reports will utilize identical methods of data collection from identical sampling stations.
Vegetation Monitoring
Wetland and upland vegetation will be monitored prior to and following enhancement and
restoration activities. Sampling in wetland and upland areas will involve canopy, sub- canopy,
and ground cover stratum along monitoring transects established within the enhancement and
restoration areas.
Canopy and sub - canopy vegetation species will be monitored within 20 x 50 foot plots
established along the monitoring transects. Species richness and visual estimate of percent cover
will be calculated for canopy and sub -canopy stratum..
To facilitate an intensive, accurate, and repeatable sampling program, the point frame method
(Bonham 1989) will be utilized for the ground cover strata. Point frames will be sampled at
approximately 25 foot intervals along each monitoring transect. Each point frame consists of 1 m
square wire grid with 25 cross points. Any plant species directly below a cross point will be
recorded, including bare ground. Each cross point represents four percent of the square meter.
Water depths will also be recorded at each sampling station. For each sampling station,
identified species will be listed and percent cover computed and discussed.
Wildlife Monitoring
Regular observations of wildlife will be made during the monitoring event by qualified
ecologists. Observations will consist of recording evidence and sign of wildlife (i.e., direct
sightings, vocalizations, burrows, nests, tracks, droppings, etc.).
Fish and Aquatic Ma croinverteb rate Monitoring
Qualitative sampling of fish and aquatic macro invertebrates will be conducted using a standard
D -frame aquatic dip net, mesh size 1.0 mm. Sampling will be conducted along vegetation
monitoring transects with a minimum of 2 cm. standing water. The collector will work the net
vigorously within the vegetation, open water, and surficial bottom sediments. Net contents will
be placed in a white Dan and sorted with forceps. Hard substrate, if any, will also be examined
SAJ- 1997 - 2362(1 P -H W B)
Marco Island Executive Airport PERMIT'#
Trash Road [Mitigation Plan
2 October 2006 11 0129042 002 d of 6
Par.,- d of 1T
148
for the presence of aquatic macroinvertebrates. Sampling will continue until no new species are
encoitintered for ten minutes. Sample size and collection times will not exceed 200 organisms or
one hour, respectively. Samples will be preserved in alcohol, returned to the laboratory, and
identified to the lowest taxonomic level possible, usually species. When possible, fish will be
identified in the field and released.
Photographic Documentation
Permanent fixed -point photograph stations will. be established in the monitored areas providing
physical documentation of the condition and appearance of an area, as well as any changes
taking place within it. Panoramic photographs will accompany vegetation data in each report.
Locations of photo stations will remain the same throughout the duration of the monitoring
program.
Rainfall and Staff Gauge
Hydrological monitoring for the mitigation area will include the installation of a rain gauge and
staff gauges/monitoring wells. Staff gauges /monitoring wells will be read once every two weeks
from May through November (i.e., approximate wet season) and once a month during the
remainder of the year. Water level data will be included in the annual wetland mitigation
monitoring reports.
MONITORING REPORTS
The permittee will submit annual monitoring reports to the FDEP documenting the success of the
mitigation program and general condition of the Trash Road (West) Mitigation area. Within 60
days of permit issuance, the baseline monitoring for the mitigation areas will be submitted to the
FDEP. The time -zero monitoring report will be submitted within 60 days of completion of the
mitigation activities. Annual monitoring reports will be prepared for a period of five years and
will include. the following information:
• Brief description of mitigation and maintenance work performed since the previous report
along with a discussion of any modifications to the mitigation or maintenance program_
Brief description of anticipated mitigation and maintenance work to be conducted over the
next year.
• Results of quantitative vegetation monitoring conducted in the enhanced and restored
wetlands and uplands. A list of observed wildlife species.
* Panoramic photographs taken at photo stations within the enhanced and restored wetlands
and uplands.
* Staff gauge and available local rainfall data.
SAJ- 1997- 2362(1 P -HWB)
Marco Island Executive Airport
Trash Road Mitigation Plan
2 October 2006
Page 5 of 13
RECENED
JAN 3 0 2003
D.E.F. Punta Garda
00 4 e 002 5of6
146
MAINTENANCE AND LONGTERM MANAGEMENT
Following the completion of the initial exotic removal effort, semi - annual inspections of the
mitigation site will occur for the first two years. During these inspections, the enhancement and
restoration areas will be traversed by qualified ecologists. Locations of nuisance and/or exotic
species will be identified for immediate treatment with an appropriate herbicide. Any additional
potential problems will also be noted and corrective actions taken. Once exotic /nuisance species
levels have been reduced to acceptable limits (i.e., less than three percent cover), inspections the mitigation areas will be conducted annually. P ns of
Maintenance will be conducted in perpetuity to ensure that the enhanced and restored w etIands
and uplands are free of exotic vegetation (as currently defined by the EPPC) immediately
following maintenance and that exotic and nuisance species will constitute no more than three
percent of total combined cover.
REFERENCES
Bonham, C.D. 1989. Measurements for Terrestrial Vegetation.
York, New York. John Wiley and goes, New
RECEIVED
F9IT JAN 3 Oj 29 03
1 (� 9 Q jl, 0 Q 2 J. E.F. Punta Cordi.
SAJ -1997- 2362 {iP -HW B)
Marco Island Executive Airport ® �;
Trash Road Mitigation Plan
2 October 2006
Page 6 of 13 6 of 6
14B
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N.T.S.
R 27 E
PROJ' SAJ- 1997- 2362 {IP -HWB)
PROJECT NAME: TRASH ROAD (WEST) MITIGATION SITE - --- —
DWG. Marco Island Executive airport 7
Trash Road Mitigation Plan
APPLICANT: COLLIER COUNTY AIRPORT AUTHORITY �RREVV RA4 2 October 2006 Oz
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Marco Island Executive Airport
Trash Road Mitigation Plan
2 October 2006
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Marco Island Executive Airport
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Marco Island Executive Airport
Trash Road Mitigation Plan
2 October 2006
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SAJ -1 997- 23G2(lP -HW B)
Marco Island Executive Airport
ATTACHMENT D:
SPECIAL CONDITIONS
(Mangroves Islands to be Purchased)
(3 Page)
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PROJECT NAME: MANGROVE ISLANDS TO BE PURCHASED LOCATION MAP
DWG. No. 99HMA449 -01 SHEET: I OF
APPLICANT: COLLIER COUNTY AIRPORT AUTHORITY DRAWN BY: P.F. DATE: 913/02
REVISIONS: SCALE: N.T.S.
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PROJECT NAME: MANGROVE ISLANDS To BE PURCHASED
APPLICANT: COLLIER COUNTY AIRPORT AUTHORITY
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DWG. No. 99HMA449-02
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SHEET: 2 OF
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SAJ- 1997- 2362(IP -HWB)
Marco Island Executive Airport
ATTACHMENT E:
SPECIAL CONDITIONS
Vegetation Management Plan
(4 Pages dated 2 October 2006)
7IL Q
Collier County Airport.Autliority
?Marco Island Executive Airport
Vegetation Man agenzent Plan
General
This vegetation management plan for the Marco Island. Executive Airport has been
developed as a method and means of identifying and complying with the requirements of
the Federal Aviation Administration. (FAA) Federal Aviation Regulations (FAR) part 77
and State of Florida Administrative Code Chapter 14 -60 ( "Airport Licensing,
Registration and Airspace Protection " ). This plan identifies where and how the Collier
County Airport Authority will maintain vegetation on and around the airport upon
completion of all airport development in order to protect the airspace in accordance with
the aforementioned FAA and State of Florida regulations. The attached "exhibit I"
depicts the Marco Island Executive Airport upon the completion of all proposed
development projects and identifies all areas of vegetation to be maintained. The legend
in exhibit 1 depicts areas to be trimmed, cleared and mowed.
Airspace Protection Requirements
The fol lowing areas of airspace or "imaginary surfaces" as defined and depicted below
and on the attached "exhibit 1" shall be maintained clear of vegetation at all times in
accordance with the aforementioned Federal and State aviation regulations:
I. Frinzury Surface — Generally defined as an area of airspace surrounding the
landing/takeoff area (runway) designed to prevent an aircraft from flying into an
object while trying to takeoff or land. The primary surface only extends down to
the runway surface elevation, not to the ground.. No objects are permitted to
extend vertically above the level of the runway in the primary surface. The Marco
Island E tiv Airport primary surface extends 250 ft. east and Nest of the
Runup 17133 nterline and 300 ft. North and. South of either end of the runway.
e attar e exhibit I depicts the defined. areas of mowing and vegetation
-- clearing within the primary surface. The "mowing" areas generally consist of
1 grass and weeds, which will be maintained at or below runway surface elevation.
Collier County Airport Authority staff -,will conduct mowing. The "vegetation
clearing" areas are primarily areas of mangrove growth and shall be maintained at
or below runway surface elevation at all times. Licensed professional mangrove
trimmers contracted by the Collier County Aizport Authority will conduct
vegetation maintenance in this area.
SAJ- 1997- 2362(!P -HW B)
Marco Island Executive Airport
Vegetation Management Plan
2 October 2006
Page I of 4
14B
?. Approach Surfaces — Generally defined as an area of airspace designed to prevent
aircraft from flying into an object while trying to land. The approach surface
dimensions are based on the most precise approach to that end of the runway. It
has a length, inner width, outer width and a height above the runway expressed. as
a ratio or slope. No objects are allowed to penetrate the approach surface. The
approach surfaces precede the primary surface at the approach ends to the
y. Referring to the attached exhibit 1, the approach surfaces for Runway
17/33 at Marco Island Executive Airport are depicted by the hatched areas
ding beyond the primary surface at either end of the runway (700ft. to the
North of the approach end of .runway 17 and 770 ft. south of the approach end of
runway 35). These approach surfaces require a slope of 31:1 to be maintained
j clear of all objects. No vegetation shall be permitted to exceed this slope within
t r the vertical and lateral limits of these approach surfaces. For the purpose of
C physically performing the trimming work required to maintain these areas in a
safe and effective manner, all vegetation shall be trimmed to a height of 5 ft.
above the surface. These areas consist primarily of mangrove growth and
licensed professional mangrove trimmers contracted by the Collier County
Airport Authority shalt perform all trimming.
3. Transitional Surface — Generally defined as an area of airspace designed to
provide an added buffer along the length of the primary surface. It begins at the
outer edge of the primary surface and the approach surface and. extends upward at
an angle expressed as a ratio or slope until it reaches a maximum of 150 ft. A 50
ft. "buffer" is depicted in the attached exhibit 1. For the purpose of physically
performing this work in a safe and effective manner while preventing penetrations
to the airspace surface, vegetation in this area shall be cleared to the runway
surface elevation. Vegetation in this area consists, primarily of mangrove growth
and shall be maintained by Iicensed professional mangrove trimmers contracted
by the Collier County Airport Authority.
Vegetation .Maintenance .Methods (Mangroves)
L General— The Collier County Airport Authority shall on an annual basis retain
the services of a licensed professional mangrove trimmer either through the
Collier County Government term. —bid list if one is listed or through a separate
formal bid process if one is not listed. The contractor will be provided with a
copy of this plan and shall conduct all clearing/trimming operations in accordance
with this plan. Prior to the commencemetit of any clearing/trimiming work
Airport Authority Staff shall meet with the contractor to go over the details of this
plan. The contractor hired to perform the required clearing and trimming work
shall stake the areas denoted to be cleared or trimmed on the ground. No
mechanized equipment or machinery except for hand held machinery (i.e.
chainsaws, trimmers etc.) will be permitted.
SAJ -1997- 2362(1 P -HW B)
Marco Island Executive Airport
Vegetation Management Plan
2 October 2006
Pape 2 of 4
14B
Z Clearing— The contractor shall hand clear the staked or indicated area of all
vegetation materials. Trees unavoidably falling outside the specified limits must
be cut up, removed and disposed of In order to minimize damage to trees that re
to be left standing, trees shall be felled toward the center of the area being
cleared. The contractor shall preserve and protect from injury all trees not being
removed. The grubbing of stumps and roots will not be permitted. The clearing
of exotics shall also include the application of approved herbicide to remaining
stumps.
3. Trimming— The contractor shall cut the top of the mangroves to a height of five
(5) feet in the staked or indicated areas. The contractor will clear cut all exotics
within the area designated for trimming. The remains of the exotics shall be
treated with an approved herbicide.
Schedule
1, Mowing —;will generally be conducted in those areas designated in exhraibit 1,
according to the schedule below, however it may be adjusted from time to
time due to the amount of rainfall and other meteorological conditions which
affect .grow -th.
• May I through September 30 - -Bi- weekly.
• October 1 through April 30 - Monthly
2 Clearing and Irl;innzing — shall be conducted annually, as necessary to
prevent the vertical growth of vegetation within the primary, approach and
transitional surfaces as described above. Each of these areas shall be cleared
and trimmed concurrently each year so as to m.iiiimize intrusion and impact to
these areas and in order to maintain uniformistable growth patterns. All
clearing and trimming will be conducted during the period commencing not
prior to October I and Concluding prior to March 1 each year so as to avoid
interference with the nesting season of the endangered. North American
Crocodile.
SAJ- 1997- 2362(1 P -I-IW B)
Marco Island Executive Airport
Vegetation Management Plan
2 October 2006
Page 3 of 4
I
LEGEND
RIMMED TO 5'
MOWING
ii
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7-1 VEGITATION
CL---ARIN-
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RIM ISOLATED TREES
BUFFER THAT
IETRATE AIRSPACE
ZFACES AS NEEDED
148
EXHIBIT j' 2004559
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SAJ-1997-2362(IP-HWB)
Marco Island Executive Airport it Court FIGURE
Vegetation Management Plan .33919 VEGETATION MANAGEMENT o.
;5-1200
2 October 2006 *,Cate of Marco Island Executive Airport
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SAJ-1997-2362(IP-HWB)
Marco Island Executive Airport it Court FIGURE
Vegetation Management Plan .33919 VEGETATION MANAGEMENT o.
;5-1200
2 October 2006 *,Cate of Marco Island Executive Airport
Page 4 of 4 ;o.1772
146
SAJ -199 7- 2362(1 P -H W B )
Marco Island Executive Airport
ATTACHMENT F:
SPECIAL CONDITIONS
As Built Conditions
(3 pages)
14B
SAJ- 1997- 2362(IP -HWB)
Marco Island Executive Airport
AS -BUILT SPECIAL CONDITIONS
1. The permittee shall provide as -built drawings of the authorized work, including
mitigation, and a completed As -Built Certification Form. The drawings and Certification
Form are to be submitted within 60 days of completion of the authorized work, including
mitigation, or at the expiration of the construction authorization of the permit, whichever
comes first. The drawings and Certification Form must be signed and sealed by a
professional engineer registered in the State of Florida. In the event that the completed
work deviates from the approved permit drawings and special conditions, the permittee
shall describe, on the Certification Form, the deviations between the work authorized by
the permit and the work as constructed. A blank forrn is attached. Please note that the
depiction and description of the deviations on the drawings and Certification Form does
not necessarily mean that the Corps will approve of them.
2. As -built drawings shall include:
a. Location of the authorized work footprint (as shown on the permit drawings)
with an overlay of the work as constructed.
b. Clear indication of any deviations, which have been described on the As -Built
Certification Form.
c. The Department of the Army Permit Number.
d. A plan view of the overall footprint of the project showing all "earth
disturbance ", including wetland impacts, water management structures, and any on -site
mitigation areas.
e. A detailed plan view of all created and /or restored or enhanced mitigation
areas showing planting zones, and cross - sections of the mitigation areas showing
elevations corresponding to the plantings, elevations of the inverts of any control
structures (inflow and outflow) servicing the mitigation areas.
f) Any stormwater management system, that is a part of a wetland creation,
restoration or enhancement mitigation project, especially elevations of the inverts of the
control structures.
14B
SAJ- I 997-2362(IP-HWB)
Marco Island Executive Airport
AS-BUILT CERTIFICATION BY PROFESSIONAL ENGINEER
Submit this form and one set of as-built engineering drawings to the U.S. Army Corps of
Engineers, Enforcement Section, Post Office Box 4970, Jacksonville, Florida 32232-
0019. If you have questions regarding this requirement, please contact the Enforcement
Section at 904-232-3697.
1. Department of the Army Permit Number
2. Permittee Information:
Name
Address
3. Project Site Identification:
Physical location; address
4. As-Built Certification:
I hereby certify that the authorized work, including any mitigation required by Special
Conditions to the permit, has been accomplished in accordance with the Department of
the Army permit with any deviations noted below. This determination is based upon on-
site observation, scheduled and conducted by me or by a project representative under my
direct supervision. I have enclosed one set of as-built engineering drawings.
Signature of Engineer
jName _(Please type}
(FL, PR or V0 Reg Number_
Address
Company Name
City State
(Affix Sea!)
Date Telephone Number
PA,
sae
SAJ- 1997- 2362(IP -HWB)
Marco Island Executive Airport
Deviations from the approved permit drawings and special conditions: (attach additional
pages if necessary)
3
December 3, 2009
Collier County Airport Authority
c/o URS Corporation
7650 Corporate Center Drive
Suite 400
Miami, FL 33126
Attention: Mr. Juan C. Garcia, P.E.
Re: Collier County - ERP
File No. 11-0129042-004
Modification of Permit No. 11-0129042-002
Marco Island Executive Airport:
Terminal Apron Expansion and Auto
Parking Lot Modification -
Stormwater Management System
Dear Mr. Garcia:
Your request to modify this permit has been received and reviewed by Department
staff. The proposed permit modifications are for:
The construction of a new stormwater management system to serve the expansion of
the existing aircraft apron at the Marco Island Executive Airport into the existing
vehicular parking lot and a new parking lot adjacent to this apron expansion.
After thorough review by staff, the proposed modifications are not expected to
adversely affect water quality and will not be contrary to the public interest, provided
the permit is amended as follows:
EXPIRATION OF CONSTRUCTION PHASE:
From: June 26, 2013
To: December 3, 2014
PROJECT DESCRIPTION:
"More Protection, Less Process"
www.dep.state.fl.u.s
148
Florida Department of
Charlie Gov rnor
Governor'
Environmental Protection
Jefl'Kottkarap
South District Office
Lt. Governor
P.O. Box 2549
Fort Myers, FL 33902 -2549
Michael N. Sole
Secretary
Collier County Airport Authority
c/o URS Corporation
7650 Corporate Center Drive
Suite 400
Miami, FL 33126
Attention: Mr. Juan C. Garcia, P.E.
Re: Collier County - ERP
File No. 11-0129042-004
Modification of Permit No. 11-0129042-002
Marco Island Executive Airport:
Terminal Apron Expansion and Auto
Parking Lot Modification -
Stormwater Management System
Dear Mr. Garcia:
Your request to modify this permit has been received and reviewed by Department
staff. The proposed permit modifications are for:
The construction of a new stormwater management system to serve the expansion of
the existing aircraft apron at the Marco Island Executive Airport into the existing
vehicular parking lot and a new parking lot adjacent to this apron expansion.
After thorough review by staff, the proposed modifications are not expected to
adversely affect water quality and will not be contrary to the public interest, provided
the permit is amended as follows:
EXPIRATION OF CONSTRUCTION PHASE:
From: June 26, 2013
To: December 3, 2014
PROJECT DESCRIPTION:
"More Protection, Less Process"
www.dep.state.fl.u.s
Collier County Airport Authority
File No.: 11 -0129042 -004
Page 2 of 8
From:
14B
The above named Permittee is hereby authorized to construct the work shown
on the application and approved drawing(s), plans, and other documents attached
hereto or on file with the Department and made a part hereof. This permit is subject to
the limits, conditions, and locations of work shown in the attached drawings, and is
also subject to the attached 19 General and 23 Specific Conditions, which are a
binding part of this permit. You are advised to read and understand these drawings
and conditions prior to commencing the authorized activities, and to ensure the work is
conducted in conformance with all the terms, conditions, and drawings. If you are
utilizing a contractor, the contractor also should read and understand these drawings
and conditions prior to commencing the authorized activities. Failure to comply with
all drawings and conditions shall constitute grounds for revocation of the permit and
appropriate enforcement action.
To:
The above named Permittee is hereby authorized to construct the work shown
on the application and approved drawing(s), plans, and other documents attached
hereto or on file with the Department and made a part hereof. This permit is subject to
the limits, conditions, and locations of work shown in the attached drawings, and is
also subject to the attached 19 General and 24 Specific Conditions, which are a
binding part of this permit. You are advised to read and understand these drawings
and conditions prior to commencing the authorized activities, and to ensure the work is
conducted in conformance with all the terms, conditions, and drawings. If you are
utilizing a contractor, the contractor also should read and understand these drawings
and conditions prior to commencing the authorized activities. Failure to comply with
all drawings and conditions shall constitute grounds for revocation of the permit and
appropriate enforcement action.
From:
The permit authorizes the disturbance of approximately 35.6± acres of wetlands
and other surface waters within wetlands and other surface waters. These impacts
include filling 13.05± acres of forested saltwater wetlands, 12.37± acres if herbaceous,
disturbed wetlands, 2.4± acres of wetland secondary impacts, and 7.78± acres of other
surface water including ditches and borrow areas.
The stormwater portion of the project is to construct a stormwater management
system (system) to serve 52.4 acres of the total upland area of approximately 58.6 acres.
There are six drainage basins designated DA1 through DA6, which contribute
Collier County Airport Authority
File No.: 11- 0129042 -004
Page 3 of 8
148
stormwater runoff to the proposed system. A seventh Basin (DA 7), which serves the
existing terminal area and associated parking, has historically discharge stormwater
runoff offsite and does not contribute to the system permitted herein. The basin
boundaries are as shown on the permit drawings. Treatment for stormwater runoff
from basins DA1 through DA5 will be provided by dry detention before discharging
though one of three outfall control structures, each with its own spreader swale.
Treatment for stormwater runoff from basin DA6 (east of the existing airport runway)
will be provided by dry retention with any runoff volume in excess of the required
treatment volume discharging by sheetflow to the receiving body.
To:
The permit authorizes the disturbance of approximately 35.6± acres of wetlands
and other surface waters within wetlands and other surface waters. These impacts
include filling 13.05± acres of forested saltwater wetlands, 12.37± acres if herbaceous,
disturbed wetlands, 2.4± acres of wetland secondary impacts, and 7.78± acres of other
surface water including ditches and borrow areas. With the addition of the Terminal
Basin under this permit modification, no additional wetland impacts are proposed or
authorized.
The stormwater management system portion of the overall project will be
expanded with the addition of the Terminal Basin system to serve a combined 54.4 acres
of the total upland area of approximately 58.6 acres. There are six drainage basins
designated DA1 through DA6, which contribute stormwater runoff to the system
permitted under Permit No. 11 -0129042 -002. The seventh Basin (DA 7), which contains
the existing terminal area and associated parking, has historically discharge stormwater
runoff offsite and did not contribute to the system permitted under Permit No. 11-
0129042-002. With this modification, the Terminal Basin (located partially in Basin DA
7) stormwater management system will provide stormwater runoff treatment by dry
retention for the 1.963 -acre basin project area before discharging though its outfall
structure to an on- property treatment swale.
Treatment for stormwater runoff from basins DA1 through DA5 is provided by dry
detention before discharging though one of three outfaIl control structures, each with its
own spreader swale. Treatment for stormwater runoff from basin DA6 (east of the
existing airport runway) is provided by dry retention with any runoff volume in excess
of the required treatment volume discharging by sheetflow to the receiving body.
The basin boundaries for Basins DA1 through DA6 are as shown on the permit
drawings attached to Permit No. 11-0129042-002. The basin boundary for the Terminal
Collier County Airport Authority
File No.: 11- 0129042 -004
Page 4 of 8
Basin is as shown on the permit drawings, as incorporated by reference and attached to
this Permit Modification No. 11-0129042-004.
SPECIFIC CONDITIONS:
STORMWATER:
ADD:
24. Stormwater Treatment Facility (Terminal Basin -1.963 acres) (see Permit drawings):
a. Retention Area:
Bottom Elevation:
Minimum Side Slopes (Vert:Horiz):
Bottom Stabilization:
Slope Stabilization:
Berm Top and Outside Slope Stabilization:
Berm Top Elevation:
b. Outfall (Discharge) Structure (S-6):
FDOT Structure Type:
Skimmer Top/ Bottom Elevations:
Weir (Grate) Elevation:
Discharge Culvert:
Invert Elevation:
2.19 Feet NAVD [3.50 Feet, NGVD]
l:l'h
Sod
Rip Rap
Sod
5.00 Feet, NAVD
Type "G"
3.75/ -0.75 Feet, NAVD
4.39 Feet, NAVD
30 -Inch RCP
-0.75 Feet, NAVD
Receiving Body: Existing On- Property Treatment Swale
Wet Season Water Table Elevation: 1.19 Feet, NAVD [2.5 Feet, NGVD]
NOTE: The NGVD 29 Elevation is equal to the NAVD 88 Elevation + 1.31 feet.
The elevations shown in Permit No. 11-0129042-002 are NGVD.
ADD:
Nineteen (19) drawings (11 "x17' reduced drawings) prepared by URS Corporation, as
signed and sealed by Andres Gutierrez, P.E., on October 19, 2009, are incorporated by
reference and attached to this permit modification. These added drawings do not
modify, replace or supersede the permit drawings attached to Permit No. 11- 0129042-
002.
Collier County Airport Authority
File No.: 11- 0129042 -004
Page 5 of 8
14B
Since the proposed modifications along with the above amended permit conditions and
monitoring requirements are not expected to result in any adverse environmental
impact and water quality degradation, the permit is hereby modified as requested. By
copy of this letter and the attached drawings, we are notifying all necessary parties of
the modification.
This letter does not alter the permit other than as described above. This letter and
referenced enclosures must be attached to the original permit.
This modification is hereby granted unless a timely petition for an administrative
hearing is filed under Sections 120.569 and 120.57, Florida Statutes, (F.S.), before the
deadline for filing a petition. The procedures for petitioning for a hearing are set forth
below.
Mediation is not available.
A person whose substantial interests are affected by the Department's action may
petition or an administrative proceeding (hearing) under Sections 120.569 and 120.57,
F.S. The petition must contain the information set forth below an must be filed
(received by the clerk) in the Office of General Counsel, 3900 Commonwealth
Boulevard, Mail Station 35, Tallahassee, Florida 32399 -3000.
Because the administrative hearing process is designed to redetermine final agency
action on the application, the filing of a petition for an administrative hearing may
result in a modification of the permit or even a denial of the application. If a sufficient
petition for an administrative hearing or request for an extension of time to file a
petition is timely filed, this permit automatically becomes only proposed agency action
on the application, subject to the result of the administrative review process.
Accordingly, the applicant is advised not to commence construction or other activities
under this permit until the deadlines noted below for filing a petition for an
administrative hearing, or request for an extension of time have expired.
Under Rule 62- 110.106(4), Florida Administrative Code (F.A.C.), a person whose
substantial interests are affected by the Department's action may also request an
extension of time to file a petition for an administrative hearing. The Department may,
for good cause shown, grant the request for an extension of time. Requests for
extension of time must be filed with the Office of General Counsel, 3900
Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399 -3000, before the
applicable deadline. A timely request for extension of time shall toll the running of the
time period for filing a petition until the request is acted upon.
Collier County Airport Authority
File No.: 11- 0129042 -004
Page 6 of 8
148 4 1
In the event that a timely and sufficient petition for an administrative hearing is filed,
other persons whose substantial interests will be affected by the outcome of the
administrative process have the right to petition to intervene in the proceeding. Any
intervention will be only at the discretion of the presiding officer upon the filing of a
motion in compliance with Rule 28- 106.205, F.A.C.
In accordance with Rules 28- 106.111(2) and 62- 110.106(3)(a)(4), F.A.C., petitions for an
administrative hearing by the applicant or any of the parties listed below must be filed
within 21 days of receipt of this written notice. Petitions filed by any persons other than
those entitled to written notice under Section 120.60(3), F.S., must be filed with 21 days
of publication of the notice or within 21 days of receipt of the written notice, whichever
occurs first.
Under Section 120.60(3), F.S., however, any person who has asked the Department for
notice of agency action may file a petition with 21 days of receipt of such notice,
regardless of the date of publication.
- The petitioner shall mail a copy of the petition to the applicant at the address indicated
above at the time of filing. The failure of any person to file a petition for an
administrative hearing within the appropriate time period shall constitute a waiver of
that persons right to request an administrative determination (hearing) under Sections
120.569 and 120.57, F.S.
A petition that disputes the material facts on which the Department's action is based
must contain the following information:
(a) The name and address of each agency affected and each agency's file or
identification number, if known;
(b) The name, address and telephone number of the petitioner; the name, address and
telephone number of the petitioner's representative, if any which shall be the
address for service purposes during the course of the proceeding; and an
explanation of how the petitioner's substantial interests are or will be affected by the
agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition
must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the
petitioner contends warrant reversal or modification of the agency's proposed
action;
(f) A statement of the specific rules and statutes that the petitioner contends require
reversal or modification of the agency's proposed action; and
Collier County Airport Authority
File No.: 11 -0129042 -004
Page 7 of 8
14B
(g) A statement of the relief sought by the petitioner, stating precisely the action that the
petitioner wishes the agency to take with respect to the agency's proposed action.
A petition that does not dispute the material facts on which the Department's action is
based shall state that no such facts are in dispute and otherwise shall contain the same
information as set forth above, as required by Rule 28- 106.301, F.A.C. Under Sections
120.569(2)(c) and (d), F.S., a petition for administrative hearing must be dismissed by
the agency if the petition does not substantially comply with the above requirements or
is untimely filed.
The action is final and effective on the date filed with the Clerk of the Department
unless a petition is filed in accordance with the above. Upon the timely filing of a
petition this order will not be effective until further order of the Department.
This permit constitutes an order of the Department. The applicant has the right to seek
judicial review of the order under Section 120.68, F.S., by the filing of a notice of appeal
under Rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the
Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail-
Station 35, Tallahassee, Florida 32399 -3000; and by filing a copy of the notice of appeal
accompanied by the applicable filing fees with the appropriate district court of appeal.
The notice of appeal must be filed within 30 days from the date when the final order is
filed with the Clerk of the Department. The applicant, or any party within the meaning
of Section 373.114(1)(a), F.S., may also seek appellate review of this order Section
373.114(1), F.S. Requests for review before the Land and Water Adjudicatory
Commission must be filed with the Secretary of the Commission and served on the
Department within 20 days from the date when the final order is filed with the Clerk of
the Department.
Sincerely,
- -7 J
Jon M. Iglehart
Director of District Management
JMI /JDM /JR /jdm
19 valid drawings (11 "x17' reduced) attached
3 DEP forms attached
cc: U.S. Army Corps of Engineers
Collier County Property Appraiser
Collier County Airport Authority
File No.: 11- 0129042 -004
Page 8 of 8
Florida Fish and Wildlife Conservation Commission
Deltona Signatories
The Conservancy of Southwest Florida, Am: Elinor V. Krier,1450 Merrihue Drive, Naples, F134102
The National Audubon Society, Ann: Stuart Stahl, 444 Brickell Ave., Ste 850, Miami, F133131
The Florida Audubon Society, 1331 Palmetto Ave., Ste 110, Winter Park, Fl 32789
Environmental Defense Fund, Attn: J. Tripp, 257 Park Avenue, South, New York, NY 10010
Izaak Walton League, Florida Division, Attn: J. Green, 700 Biltmore Way, Apt. 407, Coral Gables, F133134
South Florida Water Management District Ann: Henry Dean, 3301 Gun Club Rd., West Palm Beach, Fl 33406
Florida Department of Community Affairs, Attn: Ray Eubanks, 2555 Shumard Oak Blvd., Tallahassee, Fl
2399 -2100
The Deltona Corporation, AWL Sharon Hummerhiehn, 999 Brickell Ave., Suite 700, Miami, Fl 33131
Bd of Co Commissioners, Attn: Honorable Carter, 3301 Tamiami Trail, East, Naples, F1341124902
Rookery Bay Aquatic Preserve
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this document,
- including copies, was mailed before. the close of business 2009, to
the above listed persons.
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52(7), F.S., with the designated Department
clerk, receipt of which is hereby acknowledged.
fCOk Date
148
Form M62- 343,900(3) FAC
Form Title: Construction Commencement
Notice
Effective Date: October 3.1995
t
ENVIRONMENTAL RESOURCE PERMIT
Construction Commencement Notice
Project: Phase:
1 hereby notify the Department of Environmental Protection that the construction of the surface water
management system authorized by Environmental Resource Permit Number has commenced I is
expected to commence on and will require a duration of approximately months weeks
days to complete. It is understood that should the construction term extend beyond one year, I aln
obligated to submit the Annual Status Report for surface Water Management System Construction.
PLEASE NOTE: If the actual construction commencement date is not known, Department staff should be
so notified in writing in order to satisfy permit conditions.
Permittee or Authorized Agent Title and Company Date
Phone Address
62- 343,900(3)
On -Line Document
Formatted 12/01197 kag
lob
Forth 962. 343.900(5), F.A.C.
Fotm Title: As -Built Certification by a
Regive ed Pmfeaionai
BHlctive Date: October 3, 1995
ENVIRONMENTAL RESOURCE PERMIT
AS -BUILT CERTIFICATION BY A REGISTERED PROFESSIONAL
Permit Number:
Project Name:
I hereby certify that all components of this surface water management system have been built substantially
in accordance with the approved plans and specifications and are ready for inspection. Any substantial
deviations (noted below) from the approved plans and specifications will not prevent the system from
functioning as designed when properly maintained and operated. These determinations are based upon
on -site observation of the system conducted by me or by my designee under my direct supervision and/or
my review of as -built plans certified by a registered professional or Land Surveyor licensed in the State of
Florida.
Name (please print) - Signature of Professional
Company Name Florida Registration Number
Company Address Date
City, State, Zip Cade
Telephone Number (Affix Seal)
Substantial deviations from the approved plans and specifications:
(Note: attach two copies of as -built plans when there are substantial deviations)-
Within 30 days of completion of the system, submit two copies of the forth to:
62- 343.900(5)
On -Line Document
Formatted 12/01197 kag
Form M 62- 353.900(7)F.A.C. ❑
Form Title: Request for Transfer to D
Operation Phase
Effective Date: September 25, 1995
Request for Transfer of Environmental Resource Permit
Construction Phase to Operation Phase
(To be completed and submitted by the operating entity)
or Environmental Protection
It is requested that Department Permit Number _authorizing the construction and operation of a
surface water management system for the below mention project be transferred from the construction phase
permittee to the operation phase operating entity.
Project:
From: Name:
Address:
City: State: Zip:
To: Name:
Address:
City: State: Zip:
The surface water management facilities are hereby accepted for operation and maintenance in accordance
with the engineers certification and as outlined in the restrictive covenants and articles of incorporation for
the operating entity. Enclosed is a copy of the document transferring title of the operating entity for the
common areas on which the surface water management system is located. Note that if the operating entity
has not been previously approved, the applicant should contact the Department staff prior to filing for a
permit transfer.
The undersigned hereby agrees that all terms and conditions of the permit and subsequent modifications, if
any, have been reviewed, are understood and are hereby accepted. Any proposed modifications shall be
applied for and obtained prior to such modification.
Operating Entity:
Title:
Name
Telephone
Enclosure
❑ copy of recorded transfer of title surface water management system
❑ Coy of plat(s)
El Copy of recorded restrictive covenants, articles of incorporation, and certificate of incorporation.
62- 343.900(7)
On -Line Document
Formatted 12/01/97 kag
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Department of
Environmental Protection
14B
Job Bush
Governor
South District
P.O. Box 2549
Fort Myers. Florida 33902-2549
David B. Struhs
Secretary
SUBMERGED LANDS AND ENVIRONMENTAL RESOURCE PROGRAM
ENVIRONMENTAL RESOURCE PERMIT
CERTIFIED MAIL NO. 7001 2510 0001 48029752
RETURN RECEIPT REQUESTED
PERMITTEE/AUTHORIZED ENTITY:
Collier County Airport Authority
2003 Mainsail Drive
Naples, FL 34IJ4
Permit! Authorization Number:
11-0129042-002
Date ofIssue: June 26, 2003
Expiration Date of Construction Phase:
June 26, 2013
County: Collier
Project: To expand an existing aiIport
This permit is issued under the authority of Part IV of Chapter 373, Florida Statutes (F.S.),
and Title 62, Florida Administrative Code (F.A.C.). The activity is not exempt from the
requirement to obtain an Environmental Resource Permit. Pursuant to Operating Agreements
executed between the Department and the water management districts, as referenced in Chapter 62-
113, F.A.C., the Department is responsible for reviewing and taking fInal agency action on this
activity.
This permit also constitutes a finding of consistency with Florida's Coastal Zone
Management Program, as required by Section 307 of the Coastal Management Act.
This permit also constitutes certifIcation compliance with water quality standards under
Section 401 of the Clean Water Act, 33 U.S.C. 1341.
Please be advised that this permit does not constitute the issuance of a NPDES Stormwater
. Permit or acceptance of an NPDES Stormwater Pollution Prevention Plan. For additional
information regarding this matter please contact Department personnel in Tallahassee at (850) 245-
7521 or toll free at (866) 336-6312.
The Title and Land Records Section, Department of Environmental Protection, has reviewed
the location of the proposed project as described in the above referenced application and has
"More Protection, Less Process"
Printed on recycled paper.
Permittee: Collier County Airport Authority
Permit No. 11-0129042-002
Page 2 of! 1
14e
determined that the project, as described, does not involve the use of sovereign submerged lands.
Accordingly, no further authorization will be required from the Submerged Lands and
Environmental Resources Program, designated agent to the Board of Trustees of the Internal
Improvement Trust Fund, pursuant to Chapter 253.77, F.S.
This permit constitutes a determination, pursuant to Section 380.065 I (3)(e), F.S., that the
facility is located so that it will not adversely impact Outstanding Florida Waters or Class II waters,
and will not contribute to boat traffic in a manner that will adversely impact the manatee.
A copy of this authorization also has been sent to the U.S. Army Corps of Engineers
(USACOE) for review. The USACOE may require a separate permit. Failure to obtain this
authorization prior to construction could subject you to enforcement action by the USACOE. You
are hereby advised that authorizations also may be required by other federal, state and local entities.
This authorization does not relieve you from the requirements to obtain all other required permits
and authorizations.
The above named Permittee is hereby authorized to construct the work shown on the
application and approved drawing(s), plans and other documents attached hereto or on file with the
Department and made a part hereof. . This permit is subject to the limits, conditions, and
locations of work shown in the attached drawings, and is also subject to the attached 19
General and 23 Specific Conditions, which are a binding part of this permit. You are advised
to read and understand these drawings and conditions prior to commencing the authorized activities,
and to ensure the work is conducted in conformance with all the terms, conditions and drawings. If
you are utilizing a contractor, the contractor also should read and understand these drawings and
conditions prior to commencing the authorized activities. Failure to comply with all drawings and
conditions shall constitute grounds for revocation of the permit and appropriate enforcement action.
Operation of the facility is not authorized except when determined to be in conformance
with all applicable rules and with the general and specific conditions of this
permit/certification/authorization, as specifically described below.
ACTIVITY DESCRIPTION:
The permit authorizes the disturbance of approximately 35.6~ acres of wetlands and other
surface waters within wetlands and other surface waters. These impacts include filling 13.05~
acres of forested saltwater wetlands, 12.37~ acres of herbaceous, disturbed wetlands, 2.4~ acres of
wetland secondary impacts, and 7.78010 acres of other surface waters including ditches and borrow
areas.
The stormwater portion of the project is to construct a stormwater management system
(system) to serve 52.4 acres of the total upland area of approximately 58.6 acres. There are six
drainage basins designated DAl through DA6, which contribute stormwater runoff to the proposed
system. A seventh basin (DA7), which serves the existing terminal area and associated parking, has
historically discharged stormwater runoff offsite and does not contribute to the system permitted
herein. The basin boundaries are as shown on the permit drawings. Treatment for stormwater
..
Permittee: Collier County Airport Authority
Permit No. 11-0129042-002
Page 3 of 11
14B
runofffrom basins DAI through DA5 will be provided by dry detention before discharging through
one of three outfall control structures, each with its own spreader swale. Treatment for stormwater
runoff from basin DA6 (east of the existing airport runway) will be provided by dry retention with
any runoff volume in excess of the required treatment volume discharging by sheetflow to the
receiving body.
ACTIVITY LOCATION:
Located at 2003 Mainsail Drive, Naples, FL 341 14, Collier County, Section 25, 26, 35 and
36, Township 51 South, Range 26 East, Rookery Bay Aquatic Preserve, Class II Waters.
GENERAL CONDITIONS:
I. All activities authorized by this permit shall be implemented as set forth in the plans,
specifications and performance criteria as approved by this permit. Any deviation from the
permitted activity and the conditions for undertaking that activity shall constitute a violation of this
permit and a violation of Part Four of Chapter 373, Florida Statutes (F.S.).
. _..2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and
modifications shall be kept at the work site of the permitted activity. The complete permit shall be
available for review at the work site upon request by the Department staff. The permittee shall
require the contractor to review the complete permit prior to commencement of the activity
authorized by this permit.
3. Activities approved by this permit shall be conducted in a manner which does not cause
violations of state water quality standards. The permittee shall implement best management
practices for erosion and pollution control to prevent violations of state water quality standards.
Temporary erosion control shall be implemented prior to and during construction, and permanent
control measures shall be completed within seven (7) days of any construction activity. Turbidity
barriers shall be installed and maintained at all locations where the possibility of transferring
suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers
shall remain in place at all locations until construction is completed and soils are stabilized and
vegetation has been established. All practices shall be in accordance with the guidelines and
specifications described in Chapter Six of the Florida Land Development Manual; A Guide to
Sound Land and Water Management (Department of Environmental Regulation, 1988), unless a
project-specific erosion and sediment control plan is approved as part of the permit. Thereafter the
permittee shall be responsible for the removal of the barriers. The permittee shall correct any
erosion or shoaling that causes adverse impacts to the water resources.
4. The permittee shall notifY the Department of the anticipated construction start date within
thirty (30) days ofthe date that this permit is issued. At least forty-eight (48) hours prior to
commencement of the activity authorized by this permit, the permittee shall submit to the
Department an "Environmental Resource Permit Construction Commencement" notice (Form No.
62-343.900(3), Florida Administrative Code (F.AC.)) indicating the actual start date and expected
completion date.
Permittee: Collier County Airport Authority
Permit No. 11-0129042-002
Page 4 of 11
148
5. When the duration of construction will exceed one year, the permittee shall submit
construction status reports to the Department on an annual basis utilizing an "Annual Status Report
Form" (Form No. 62-343.900(4), F.A.C.). Status Report Forms shall be submitted the following
June of each year.
6. Within thirty (30) days after completion of construction of the permitted activity, the
permittee shall submit a written statement of completion atld certification by a registered
. professional engineer or other appropriate individual as authorized by law utilizing the supplied
"Environmental Resource Permit As-Built Certification by a Registered Professional" (Form No.
62-343.900(5), F.A.C.). The Statement of completion and certification shall be based on on-site
observation of construction or review of as-built drawings for the purpose of determining if the
work was completed in compliance with permitted plans and specifications. This submittal shall
serve to notifY the Department that the system is ready for inspection. Additionally, if deviations
from the approved drawings are discovered during the certification process, the certification must
be accompanied by a copy of the approved permit drawings with deviations note. Both the original
and revised specifications must be clearly shown. The plans must be clearly labeled as "as-built" or
"record" drawing. All surveyed dimensions and elevations shall be certified by a registered
surveyor.
7. The operation phase of this permit shall not become effective: until the permittee has
complied with the requirements of condition number six (6) above, has submitted a "Request for
Transfer of EnvironmentaI Resource Permit Construction Phase to Operation Phase" (Form
'62-343.900(7), F.A.C.); the Department determines the system to be in compliance with the
permitted plans and specifications; and the entitY approved by the Department in accordance with
Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications
Within the South Florida Water Management District--August 1995, accepts responsibility for
operation and maintenance of the system. The permit shall not be transferred to such approved
operation and maintenance entity until the operation phase of the permit becomes effective.
Following inspection and approval of the permitted system by the Department, the permittee shall
initiate transfer of permit to the approved responsible operation entity if different from the
permittee. Until the permit is transferred pursuant to Section 62-343.110(J)(d), F.A.C., the
pennittee shall be liable for compliance with the terms ofthe permit.
8. Each phase or independent portion of the permitted system must be completed in
accordance with the permitted plans and permit conditions prior to the initiation of the permitted use
of site infrastructure located within the area served by that portion or phase of the system. Each
phase or independent portion of the system must by completed in accordance with the permitted
plans and permit conditions prior to transfer of responsibility for operation and maintenance of the
phase or portion of the system to a local government or other responsible entity.
9 . For those systems that will be operated or maintained by an entity that will require an
easement or deed restriction in order to enable that entity to operate or maintain the system in
conformance with this permit, such easement or deed restriction must be recorded in the public
records and submitted to the Department along with any other [mal operation and maintenance
Permittee: Collier County Airport Authority
Permit No. 11-0129042-002
Page 5 of 11
148
documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource
Permit Applications Within the South Plorida Water Management District--August 1995, prior to
lot or unit sales or prior to the completion of the system, whichever occurs first. Other documents
concerning the establishment and authority of the operation entity must be filed with the Secretary
of State where appropriate. Por those systems which are proposed to be maintained by the county
or municipal entities, final operation and maintenance documents must be received by the
Department when maintenance and operation of the system is accepted by the local government
entity. Pailure to submit the appropriate final documents will result in the permittee remaining
liable for carrying out maintenance and operation of the permitted system and any other permit
conditions.
10. Should any other regulatory agency require changes to the permitted system, the
permittee shall notify the Department in writing of the changes prior to implementation so that a
determination can be made whether a permit modification is required.
1 I. This permit does not eliminate the necessity to obtain any required federal, state, local
and special district authorizations prior to the start of any activity approved by this permit. This
permit does not convey to the permittee or create in the permittee any property right, or any interest
in real property, nor does it authorize any entrance upon or activities on property which is not
owned or controlled by the permittee, or convey any rights or privileges other than those specified
in the permit and Chapter 40E-4 or Chapter 40E-40, P.A.C.
12. The permittee is hereby advised that Section 253.77, P.S. states that a person may not
. commence any excavation, construction, or other activity involving the use of sovereign or other
lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement
Trust Pund without obtaining the required lease, license, easement, or other form of consent
authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary
authorization from the Board of Trustees prior to commencing aetivity on sovereignty lands or other
state owned lands.
13. The permittee is advised that the rules of the South Plorida Water Management District
require the permittee to obtain a water use permit from the South Florida Water Management
District prior to construction dewatering, unless the work qualifies for a general permit pursuant to
subsection 40E-20.302( 4), P.A.C., also known as the "No Notice" rule.
14. The permittee shall hold and save the Department harmless from any and all damages,
claims, or liabilities which may arise by reason of the construction, alteration, operation,
maintenance, removal, abandonment or use of any system authorized by this permit.
15. Any delineation of the extent of a wetland or other surface water submitted as part of
the permit application, including plans or other supporting documentation, shall not be considered
binding unless a specific condition of this permit or a formal determination under Section
373.421(2). P.S., provides otherwise.
148
Permittee: Collier County Airport Authority
Permit No. 11-0129042-002
Page 6 ofll
16. The permittee shall notifY the Department in writing within 30 days of any sale,
conveyance, or other transfer of ownership or control of a permitted system or the real property on
which the permitted system is located. All transfers of ownership or transfers of a permit are
subject to the requirements of Section 62-343.130, F.A.C. The permittee transferring the permit
shall remain liable for corrective actions that may be required as a result of any violations prior to
the sale, conveyance or other transfer of the system.
17. Upon reasonable notice to the permittee, Department authorized staff with proper
identification shall have permission to enter, inspect, sample and test the system to insure
conformity with the plans and specifications approved by the permit.
18. Ifhistorical or archaeological artifacts are discovered at any time on the project site, the
pennittee shall immediately notifY the appropriate Department office.
. 19. The permittee shall immediately notifY the Department in writing of any previously
submitted information that is later discovered to be inaccurate.
SPECIFIC CONDITIONS:
Construction
1. Deposition offill shall be completed in those areas adjacent to crocodile inhabited areas
immediately. after nesting season to allow the crocodiles to become accustomed to the change prior
to the .next nesting season. No construction activities shall take place in or adjacent to crocodile
inhabited area between the months of March and September, or whenever active crocodile nesting
occurs. Precautions shall be taken to avoid all crocodile/lllunan interactions.
2. Staked filter cloth shall be positioned at the edge of the permitted fill slopes in order to
contain turbid run-off and erosion prior to commencement of construction. This filter cloth shall be
maintained in place until all slopes are completely stabilized by sod, seed or affirmative plantings.
3. All slopes/areas disturbed by construction shall be sodded or otherwise stabilized as
necessary to prevent erosion, siltation and turbid discharges in the surrounding wetlands.
4. The limits of fill shall be clearly flagged to ensure no inadvertent impacts occur to
waters of the State and wetlands pursuant to 62-340 Florida Administrative Code (F AC) other than
what is authorized in this permit. All construction activities shall be confined to the permitted limits
offill. Any incidental filling or impacting of wetlands beyond the limits of construction for this
authorization are not permitted. Those portions of the applicant's property that are wetlands as
defined in Chapter 62-340 F AC, and not subject to permanent impacts authorized by this permit
shall be left in their natural state. These areas shall not be used for parking, equipment storage,
construction corridors, building supply storage or as a staging area for construction. These
areas shall not be filled, sodded, or cleared without prior written consent from the Department in the
form of an Environmental Resource Permit or a modification of this permit. These areas shall be
kept free and clear of manmade trash and debris in perpetuity.
w .~_._~..___"." _ ........,,_._._.,,_
14a
Permittee: Collier County Airport Authority
Permit No. 11-0129042-002
Page 70fl!
5. All activities authorized by this permit shall be implemented as set forth in the plans,
specifications and performance criteria as approved by this permit. Any deviation from the
permitted activity and the conditions for undertaking that activity shall constitute a violation of this
permit and a violation of Part Four of Chapter 373, Florida Statutes (F.S.).
Mitigation
6. The permittee shall donate/convey to the State of Florida the land shown on Figure 6
(attached) the 26.04 acres ofland. Ibis shall be accomplished within 270 days of issuance of this
permit. The Department may extend this time in writing provided sufficient cause is shown in the
submitted "Land Conveyance Status Reports" as noted in the Monitoring Section of this permit
without a formal modification to this permit.
7. Prior to utilization of those areas authorized by this permit, the permittee shall mitigate
for the approximate 35.6 acres of permanent wetland impact by implementing the attached "Marco
Island Executive Airport Trash Road (West) Mitigation Area Wetland MitigationIMonitoring Plan"
(plan) in Rookery Bay National Estuarine Research Reserve (RBNERR), Collier County. The
permittee shall submit to the Florida Department of Environmental Protection, South District
Office, SLERP Compliance and Enforcement Section, P.O. Box 2549, Fort Myers, FL 33902-2549
progress reports, every 6 months, starting from the issuance date of this permit. The reports shall
contain information, including but not limited to, the following: (1) a label indicating: "Progress
;Report for the implementation of the Marco Island Executive Airport Trash Road (West) Mitigation
Area Wetland MitigationIMonitoring Plan, FDEP Permit No. 11-0129402-002" and (2) a statement
indicating the current status and expected completion date. Implementation is defined as
completing all enhancement and restoration work. It shall not include the monitoring provision of
the Plan.
Monitoring
8. The permittee shall monitor the mitigation site by implementing the attached Plan in
RBNERR, Collier County.
9. The permittee shall monitor/evaluate adjacent mangrove wetlands before and after
surcharging to detect any change in adjacent elevations (as referenced to NGVD). The results of the
monitoring shall be submitted to the Florida Department of Environmental Protection, South
District Office, SLERP Compliance and Enforcement Section, P.O. Box 2549, Fort Myers, FL
33902-2549 within 30 days of completion of surcharging. The reports shall contain information,
including but not limited to, the following: (1) a label indicating: "MonitoringJEvaluation Report
for Surcharging Operation for the Marco Island Executive Airport, FDEP Permit No. 1 1-0129402-
002"; (2) a plan view drawing of the Marco Island Executive Airport with elevations, as
referenced above, noted (before and after surcharging operations); (3) a statement indicating the
change in elevation (if applicable) and square footage of the area(s) that were impacted; and (4) if
the results of the monitoring show a significant increase in elevation, as determined by the
Department, that could potentially result in adverse impacts, the permittee shall submit a plan
Permittee: Collier County Airport Authority
Permit No. 11-0129042-002
Page 8 of 11
14B
acceptable to the Department to mitigate for those impacts and to ensure the area(s) are kept free of
noxious/invasive exotic vegetation as listed by the most recent list of the Florida Exotic Pest Plant
Council within 90 days of notification.
10. The permittee shall submit to the Department, every 60 days after the issuance of this
permit, a Land Conveyance Status Reports that indicates the status of the conveyance of the 26.04
acres of land as noted in Figure 6 (attached). The reports shall contain information, including but
not limited to, the following: (1) a label indicating: "Land Conveyance Status Report for the
Marco Island Executive Airport, FDEP Permit No. 11-0 I 29402-002" and (2) a statement indicating
the status of the conveyance and the expected conveyance sate. These reports shall continue until
the land is fully conveyed to the State and shall be submitted to the Florida Department of
Environmental Protection, South District Office, SLERP Compliance and Enforcement Section,
P.O. Box 2549, Fort Myers, FL 33902-2549.
STORMW ATER:
11. Stormwater Treatment Facilities (Basins DAI through DA5):
a.
Detention Area:
Bottom Elevation
Minimwn Side Slopes
Bottom/Slopes/Berms
3.50 Feet, NGVD
4:1
Sod or Seed and Mulch
b. Outfall (Discharge) Control Structures (3 each):
FDOT Structure Type: Type "D"
Alwninwn Baffle Elevations: Varies per structure (see drawings)
Grate (Overflow) Elevation: 3.80 Feet, NGVD
3-inch Bleeder Invert Elevation: 2.50 Feet, NGVD
Discharge Culvert: 19" x 30" ERCP
Invert Elevation: 1.00 Feet, NGVD
c.
Spreader Swale:
Bottom Elevation:
Rip-Rapped Crest - Elevation:
Swale Stabilization
1.0 Feet, NGVD
1.5 Feet, NGVD
Seed and Mulch (per drawings)
Receiving Body: Rookery Bay Aquatic Preserve, a Class II Outstanding Florida
Waterbody (OFW) Prohibited From Shellfish Harvesting.
12. Stormwater Treatment Facility (Basin DA6):
a.
Retention Area:
Bottom Elevation
Minimwn Side Slopes
Bottom/Slopes/Berms
3.50 Feet, NGVD
4:1
Seed and Mulch
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Permittee: Collier County Airport Authority
Permit No. Il-O 129042-002
Page 9 001
148
Receiving Body: Rookery Bay Aquatic Preserve, a Class II Outstanding Florida
Waterbody (OFW) Prohibited From Shellfish Harvesting.
Wet Season Water Table Elevation:
2.5 Feet, NGVD
13. For Basin DAl only, the minimwn top of berm will be constructed at Elevation 5.00
Feet, NGVD, and to the section shown in the permit drawings.
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14. A stable, permanent and accessible elevation reference (benchmark) shall be established
on or within one hundred (J 00) feet of all permitted discharge structures no later than the
submission of the statement of completion and certification. The location of the elevation reference
must be noted on or with the certification statement.
15. Best management practices for erosion and turbidity control, including, but not limited
to, the use of staked hay bales, silt screens, and turbidity curtains shall be used and maintained as
necessary at all times during project construction.
16. All areas disturbed by construction shall be sodded or otherwise stabilized within 48
hours of attaining final grades or at any other time as necessary to prevent erosion, siltation and
turbid discharges in violation of State water quality standards in waters of the State.
17. All detention area bottoms and slopes shall receive full sod as noted on the drawings.
All other disturbed areas not receiving sod shall receive seeding and mulching.
18. Specific Condition No.9 of Permit No. 1I-0138940-002 (Marco Island Executive
Airport T-Hangar) remains in full effect and is incorporated here. SPECIFICALLY, The oil/water
separator shall be inspected on a regular basis and the skimmer socks replaced and sediment
removed, as necessary. Any evidence of oil in the detention area, outfall structure or spreader swale
will require such an inspection and replacement of the skimmer socks. A determination of the
source of the oil shall be made and corrected immediately.
19. The removal of the existing outfall control structure and associated spreader swale for
the T-Hangar project shall be coordinated with the construction of the proposed system. The
culvert from the oil/water separator to the temporary detention area shall be modified so that it
properly connects to the proposed DAI detention area.
20. Facilities other than those stated herein shall not be constructed without an approved
modification of this permit.
2 I. As presented in the permit application and supporting docwnents, the operation and
maintenance of the stormwater treatment system shall be the responsibility of Collier County
Airport Authority. Therefore, operation and maintenance of the permitted activity shall be the
responsibility of Collier County Airport Authority.
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Permittee: Collier County Airport Autbority
Permit No. 11-0129042-002
Page 10 ofll
22. All required submittals, such as certifications, monitoring reports, notifications, etc.,
shall be submitted to the Florida Department of Environmental Protection, South District Office,
P.O. Box 2549, Fort Myers, FL 33902-2549. All submittals shall include the project name and
indicated permit number when referring to this project.
23. The project shall comply with applicable State Water Quality standards, namely:
62-302.500 - Minim1Iil1 Criteria for All Waters at All Times and All Places; General
Criteria.
62-202.550 - Criteria - ClassIl Waters.
Executed in Fort Myers, Florida
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
w.>?ff~
Richard W. Cantrell
Director of
District Management
RWC/LB/CAlca
Enclosures
II pages attached
II drawings attached
One (1) reduced (II "x17") drawing, Figure 6, which indicates those lands to be conveyed.
One (I) reduced (8 y,"xll ") drawing, which indicates the wetland impacts.
Four (4) reduced (8 lI,"xl1 ") drawings, which indicates mitigation areas.
Five (5) reduced (11 "xl 7") drawings as signed and sealed by David S. Wilkison, P.E., on January 30, 2003.
Copies furnished to:
CC: u.s. Army Corps of Engineers,
Collier County Property Appraiser
Florida Fish and Wildlife Conservation Commission
Deltona Signatories
The Conservancy of So nth west Florida, Attn: Elinor V. Krier, 1450 Merrihue Drive, Naples, FI34102
The National Audubon Society, Attn: Stuart Stahl, 444 Brickell Ave., Ste 850, Miami, FI3313l
The Florida Audubon Society, 1331 Palmetto Ave., Ste 110, Winter Park, FI 32789
Environmental Defense Fund, Attn: J. Tripp, 257 Park Avenue, South, New York, NY 10010
Izaak Walton League, Florida Division, Attn: J. Green, 700 Bilttnore Way, Apt. 407, Coral Gables, F133134
South Florida Water Management District, Attn: Hellly Dean, 330 I Gun Club Rd., West Palm Beach, FI33406
Florida Department of Community Affairs, Attn: Ray Eubanks, 2555 Shnmard Oak Blvd., Tallahassee, Fl
2399-2100
The Deltona Corporation, Attn: Sharon Hummerhielm, 999 Brickell Ave., Suite 700, Miami, FI 33131
Bd of Co Commissioners, Attn: Honorable Carter, 3301 Tamiami Trail, East, Naples, F134112-4902
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Permittee: Collier County Airport Authority
Permit No. 11-0129042-002
Page 11 of I 1
CERTIFICATE OF SERVICE
The undersigned duIy designated deputy clerk hereby certifies that this permit, including all copies
were mailed before the close of business on 9'''<'v.;t. &, ,2003, to the above listed persons.
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52(9),
F.S., with the designated Department clerk,
receipt of which is hereby acknowledged.
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MARCO ISLAND EXECUTIVE AIRPORT
TRASH ROAD (WESl) MITIGATION AREA
WETLAND MITIGATION/MONITORINGI MAINTENANCE PLAN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
PERMIT APPLICATION NO. 11-0129042-002
Revised November 12, 2002
INTRODUCTION
The following outlines the wetland mitigation, monitoring, and maintenance plan for the 324.1600
acre Trash Road (West) mitigation site located along on the west side of Barefoot Williams Road
in Sections 5, 8, and 9, Township 51 South; Range 26 East; Collier County (Figure 1). The
expansion of the Marco Island Executive Airport will result in unavoidable wetland impacts to
Florida Department of Environmental Protection (FDEP) jurisdictional wetlands. In order to
offset these impacts, it is proposed to restore and enhance the Trash Road (West) property
located within the Rookery Bay National Estuarine Research Reserve (NERR). The Trash Road
(West) mitigation plan includes 7.5600 acres of wetland restoration; 213.9700 acres of wetland
enhancement; 18.9600 acres of upland restoration; 20.9900 acres of "other surface waters"
preserve; 60.4500 acres of upland enhancement; backfilling of ditches to restore natural
hydrology; and geo-webbing of two sites along the FPL easement road to the southwest of the
property. A mitigation plan is provided as Figure 2. These mitigation activities will be
completed prior to wetland impacts occurring at the Marco Island Executive Airport.
MITIGATION PLAN
Exotic Removal and Nuisance'Vegetation Removal
The mitigation plan for the Trash Road (West) mitigation site includes enhancing 213.9700 acres
of wetlands by hand removal of exotics and nuisance vegetation, regrading an existing
unimproved road for easier maintenance access and enhancing 60.4500 acres of upland preserves
by hand removal of exotics and nuisance vegetation. The enhancement will include the removal
of exotic and nuisance vegetation from wetland and upland preserves. The exotics to be
eradicated include those listed by the Exotic Pest Plant Council (EPPC), which include but are
not limited to melaleuca, Brazilian pepper, Australian pine, downy rose-myrtle, primrose willow,
old world climbing fern, and cattail.
Passarella and Associates, Inc.
#99HMA449 Revised J 1/12102
The hand removal of exotic and nuisance vegetation will include one or more of the following
methods: (I) cut exotics within 12 inches of ground elevation, hand remove cut vegetation, and
treat remaining stump with approved herbicide; (2) girdle standing melaleuca and Australian
pine with diameter at breast height (DBH) greater than four inches and apply approved herbicide
to cambium; (3) foliar application of approved herbicide to melaleuca (saplings only), Brazilian
pepper, Australian pine, downy rose myrtle, and nuisance and exotic vegetation as defined by
EPPC; and (4) foliar application of approved herbicide or hand pulling of exotic seedlings and
IP'IERM3i iJ RECE!VED
11 0129U42 002
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nuisance vegetation as defmed by the FLEPPC. Overspray precautions will be taken to protect
nearby native vegatation.
In areas where the density of melaleuca trees exceeds 50 percent, cuttings will either be removed
from the site or stacked in piles at approximately 75 foot intervals. If left on the site, smaller
cuttings will be stacked butt end to the ground into a nearly vertical position (i.e., teepee
method). Larger cuttings will be cut and stacked side by side into an area approximately six feet
on a side. Cuttings will be stacked perpendicular to the previous layer up to a height of
approximately four feet (i.e., log cabin method). Cuttings will be stacked in upland areas or in
areas where the most disturbance has occurred.
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Farm Field Wetland and Upland Restoration
Farm field restoration will include mechanized land clearing of exotics. Mechanized equipment
will be brought in the farm field using the ingress/egress easement road known as "Trash Road".
After clearing, the areas designated as wetland restoration will be contoured to match adjacent
wetland ground elevations, and areas designated as upland restoration will be graded to match
adjacent upland elevations. An as-built survey of the graded site will be performed to ensure the
desired elevations have been obtained. After review and approval of the final grades, the area
will be planted with native wetland and upland vegetation. The planting of native vegetation will
be the responsibility of the PDEP NERR. A topographic survey of the contoured wetlands will
be provided to the FDEP for review and written approval prior to initiation of planting. Silt
fencing will be installed where grading activities are adjacent to native wetland and upland
habitats.
Table I lists the native upland and wetland species to be planted within the restored areas. The
planting list provided in Table 1 is a minimum planting list. Additional native species may be
planted after authorization by FDEP.
Table 1.
Planting List for the Trash Road (West) Mitigation Site
Sash pine
Wax myrtle
Cordgrass
Gulfdune paspalum
Needlerush
3 ft.
3 ft.
12 in.
12 in.
Juncus roemerianus 12 in.
1<'atnl. J!'ietd.<J-le*!ia.~e9I1sWetlllIid .Pl;m.tiil
Cladiumjamaicense 12 in.
Paspalum monostachyum 12 in.
Pontederia cordata 12 in.
Eleocharis interstintca 12 in.
Juncus roemerianus 12 in.
I gal.
1 gal.
4 in.
4 in.
4 in.
S
4in.
4 in.
4in.
4 in.
4 in.
lOft. O.c.
10 ft. a.c.
3 ft. O.c.
3 ft. a.c.
3 ft. a.c.
Saw grass
Gulfdune asp alum
Pickerelweed
Spikerush
Needlerush
3 ft. a.c.
3 ft. a.c.
3 ft. a.c.
3 ft. O.C.
3 ft. a.c.
Passarella and Associates, Inc.
#99HMA449 Revised 11112/02
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Table 1. (Continued)
14B
Common Name
Scientific Name . M:~f'~ni ~:::
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. Farm.li'jeli(Hiwb<ice'O,'i1s.We'tIand:PlantiD s'Cb~titil,lell
Acristichum 12 in. 4 in.
danaei o/ium
Planting
Instruction
Leather fern
3 ft. O.c.
Slash pine
Waxm Ie
Wire ass
Saw palmetto
3 ft.
3 ft.
12 in.
12 in.
1 gal.
1 gal.
4 in.
I gal.
10 ft. O.C.
10 ft. O.C.
3 ft. O.C.
5 ft. O.C.
Pinus elliottii
Myrica ceri era
Aristida stricta
Serenoa re ens
Backfilling Ditch
The ditch backfilling will include the mechanical removal of the existing berm and ditch, as
shown on the mitigation plans. The material from the berm will be used to backfill the adjacent
ditch. The berm removal and backfilled ditch will be graded to match adjacent wetland and
upland ground elevations. An as-built survey of the graded site will be performed to ensure the
desired elevations have been obtained. The backfilled ditch area will be planted per the planting
list in Table I.
Geo-Webbing
In addition to mitigation work on the Trash Road (West) parcel, three geo-web sections will be
constructed within the FPL easement located along the southwest boundary of the property. The
construction of the three geo-web sections will re-establish surface water sheet flows in this area.
The location and details of the geo-web sections are provided in the mitigation plans.
MITIGATION SUCCESS CRITERIA
The mitigation areas shall be considered successful if at the end of five years the wetland
enhancement areas contain at least 80 percent cover by desirable obligate and facultative wetland
plant species. The wetland and upland areas shall be free from exotic and nuisance vegetation
immediately following a maintenance activity and will consist of no more than three percent
cover for exotics and nuisance species. Exotic and nuisance vegetation species are identified as
those species listed by the EPPC at the time of permit issuance.
PERMiT /;
11 0129042 002
D EP
RECEIVED
JAN 3 0 2003
D.E.P. Punti Gord~
Passarella and Associates, Inc.
#99HMA449 Revised 11/12/02
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MONITORING
48
RECEl1
JAN 3 0 2003
D.E.P. ~Uftt~ Cords
Monitoring Methodology
The proposed monitoring of the enhanced and restored wetlands and uplands will consist of
baseline, time-zero, and annual monitoring of vegetation, wildlife, rainfall, and wetland water
levels. Baseline monitoring will document conditions in the project site as they currently exist.
Time-zero monitoring will document conditions immediately following wetland and upland
enhancement and restoration. The annual reports will document conditions following
enhancement and restoration activities and document the extent of success of the project. If
needed, the annual reports will identifY specific actions to be taken to improve the conditions
within the project area. Sampling transects and methodology for the baseline, time-zero, and
annual reports will utilize identical methods of data collection from identical sampling stations.
Vegetation Monitoring
Wetland and upland vegetation will be monitored prior to and following enhancement and
restoration activities. Sampling in wetland and upland areas will involve canopy, sub-canopy,
and ground cover stratum along monitoring transects established within the enhancement and
restoration areas.
Canopy and sub-canopy vegetation species will be monitored within 20 x 50 foot plots
established along the monitoring transects. Species richness and visual estimate of percent cover
will be calculated for canopy and sub-canopy stratum.
To facilitate an intensive, accurate, and repeatable sampling program, the point frame method
(Bonham 1989) will be utilized for the ground cover strata. Point frames will be sampled at
approximately 25 foot intervals along each monitoring transect. Each point frame consists of 1m
square wire grid with 25 cross points. Any plant species directly below a cross point will be
recorded, including bare ground. Each cross point represents four percent of the square meter.
Water depths will also be recorded at each sampling station. For each sampling station,
identified species will be listed and percent cover computed and discussed.
Wildlife Monitoring
Regular observations of wildlife will be made during the monitoring event by qualified
ecologists. Observations will consist of recording evidence and sign of wildlife (i.e., direct
sightings, vocalizations, burrows, nests, tracks, droppings, etc.).
Fish and Aquatic Maeroinvertebrate Mouitoring
Qualitative sampling of fish and aquatic macroinvertebrates will be conducted using a standard
D-frame aquatic dip net, mesh size 1.0 mm. Sampling will be conducted along vegetation
monitoring transects with a minimum of 2 em. standing water. The collector will work the net
vigorously within the vegetation, open water, and surficial bottom sediments. Net contents will
be placed in a white pan and sorted. with forceps. Hard substrate, if any, will also be examined
Passarella and Associates, Inc.
#99HMA449 Revised 11/12/02
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for the presence of aquatic macro invertebrates. Sampling will continue until no new species are
encountered for ten minutes. Sample size and collection times will not exceed 200 organisms or
one hour, respectively. Samples will be preserved in alcohol, returned to the laboratory, and
identified to the lowest taxonomic level possible, usually species. When possible, fish will be
identified in the field and released.
Photographic Documentation
Permanent fixed-point photograph stations will be established in the monitored areas providing
physical documentation of the condition and appearance of an area, as well as any changes
taking place within it. Panoramic photographs will accompany vegetation data in each report.
Locations of photo stations will remain the same throughout the duration of the monitoring
program.
Rainfall and Staff Gauge
Hydrological monitoring for the mitigation area will include the installation of a rain gauge and
staff gauges/monitoring wells. Staff gauges/monitoring wells will be read once every two weeks
from May through November (i.e., approximate wet season) and once a month during the
remainder of the year. Water level data will be included in the annual wetland mitigation
monitoring reports.
MONITORING REPORTS
The permittee will submit annual monitoring reports to the FDEP documenting the success of the
mitigation program and general condition of the Trash Road (West) Mitigation area. Within 60
days of permit issuance, the baseline monitoring for the mitigation areas will be submitted to the
FDEP. The time-zero monitoring report will be submitted within 60 days of completion of the
mitigation activities. Annual monitoring reports will be prepared for a period of five years and
will include the following information:
. Brief description of mitigation and maintenance work performed since the previous report
along with a discussion of any modifications to the mitigation or maintenance program.
. Brief description of anticipated mitigation and maintenance work to be conducted over the
next year.
. Results of quantitative vegetation monitoring conducted III the enhanced and restored
wetlands and uplands. A list of observed wildlife species.
. Panoramic photographs taken at photo stations within the enhanced and restored wetlands
and uplands.
. Staff gauge and available local rainfall data.
HECE1VED
JAN 3 0 2003
,:;
1Z'1l~,",Il'W\l" .~
~- e;.il1ii'ff5ct U ~'f
D.E.P, Punta Gorda
11 UU9042 002
!) b;;; p/
5of6
Passarella and Associates, Inc.
#99HMA449 Revised 11112/02
14a
MAINTENANCE AND LONG-TERM MANAGEMENT
Following the completion of the initial exotic removal effort, semi-annual inspections of the
mitigation site will occur for the first two years. During these inspections, the enhancement and
restoration areas will be traversed by qualified ecologists. Locations of nuisance and/or exotic
species will be identified for immediate treatment with an appropriate herbicide. Any additional
potential problems will also be noted and corrective actions taken. Once exotic/nuisance species
levels have been reduced to acceptable limits (i.e., less than three percent cover), inspections of
the mitigation areas will be conducted annually.
Maintenance will be conducted in perpetuity to ensure that the enhanced and restored wetlands
and uplands are free of exotic vegetation (as currently defined by the EPPC) immediately
following maintenance and that exotic and nuisance species will constitute no more than three
percent oftotal combined cover.
REFERENCES
Bonham, C.D. 1989. Measurements for Terrestrial Vegetation. John Wiley and Sons, New
York, New York.
~E!f1l\1!l1' :[j
11 012904,2 002
Du E PJ
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Fonn #62-343.900(7) FAC.
Fonn Title: Reauest for Transfer
to Ooeration Phase
Date: October 3 1995
REQUEST FOR TRANSFER OF ENVIRONMENTAL RESOURCE
PERMIT CONSTRUCTION PHASE TO OPERATION PHASE
(To be completed and submitted by the operating entity)
Florida Department of Environmental Protection
It is requested that Department Permit No. authorizing the construction and operation of a
surface water management system for the below mentioned project be transferred from the construction phase permittee to
the operation phase operating entity.
PROJECT:
FROM: Name:
Address:
City:
Zipcode:
State:
TO:
Name:
Address:
City:
Zipcode:
State:
The surface water management facilities are hearby accepted for operation and maintenance in accordance with the
engineers certification and as outlined in the restrictive covenants and articles of incorporation for the operating entity.
Enclosedis a copy of the document transferring title of the operating entity for the common areas on which the surface
water management system is located. Note that if the operating entity has not been previously approved, the applicant
should contact the Department staff prior to filing for a permit transfer.
The undersigned hearby agrees that all terms and conditions of the permit and subsequent modifications, if any, have been
reviewed, are understood and are hearby accepted. Any proposed modifications shall be applied for and obtained prior to
such modification.
Operating Entity
Name
Title
Telephone
Enclosure:
o Copy of recorded transfer oftitle surface water management system
() Copy ofplat(s)
() Copy of recorded restrictive covenants, articles of incorporation, and certificate of incorporation
4.8'
Fann 62-343.900 (&)
Application for TransferofERP Permit
Effective Pate:
t
APPLICATION FOR TRANSFER OF ENVIRONMENTAL RESOURCE PERMIT AND NOTIFICATION
OF SALE OF A FACILITY OR SURFACE WATER MANAGEMENT.SYSTEM
Pennit No.
Date Issued
Date Expires
FROM (Name of Current Pennit Holder):
Mailing Address:
City:
State:
Zip Code:
Telephone: ( )
Identification or Name ofFacility/Swface Water Management System:
Phase of Facility/Surface Water Management System (if applicable):
The undersigned hereby notifies the Department of the sale or legal transfer of this facility, or surface-water management
system, and further agrees to assign all rights and obligations as permittee to the applicant in the event the Department agrees
to the transfer of pennit.
Signature of the current pennittee:
Title (if any):
Date:
TO (Name of Proposed Pennit Transferee):
Mailing,Address:
City:
State:
Zip Code:
Telephone: ( )
The undersigned hereby notifies the Department of having acquired the title to this facility. or sunace-water management
system. The tmdersigned also states he or she has examined the application and docwnents submitted by the current permittee.
the basis ofwbich the pennit was issued by the Department, and states they accurately and completely describe the pennitted
activity or project. The Wldersigned further attests to being familiar with the permit, agrees to comply with its terms and with
its conditions. and agrees to assume the rights and liabilities contained in the pennit. The undersigned also agrees to promptly
notify the Department of any future changes in o'WIlership of. or responsibility for. the permitted activity or project.
Signature of the applicant (Transferee):
~
Title (if any):
Date:
Project Engineer Name (if applicable)
Mailing Address:
Telephone: (
i
,I
Form #62-343.900(5), PAC.
Form TItle: As~BuiJt Certification by a
Registeied Profe!>Sional
Effective Date: October 3. 1995
148
ENVIRONMENTAL RESOURCE PERMIT
AS-BUILT CERTIFICATION BY A REGISTERED PROFESSIONAL
Permit Number:
Project Name:
I hereby certify that all components of this surface water management system have been built substantially
in accordance with the approved plans and specifications and are ready for inspection. Any substantial
deviations (noted below) from the approved plans and specifications will not prevent the system from
functioning as designed when properly maintained and operated. These determinations are based upon on-
site observation of the system conducted by me or by my designee under my direct supervision and/or my
review of as-built plans certified by a registered professional or Land Surveyor licensed in the State of
Florida.
Name (please print)
Signature of Professional
Company Name
Florida Registration Number
Company Address
Date
City, State, Zip Code
Telephone Number
(Affix Seal)
Substantial deviations from the approved plans and specifications:
(Note: attach two copies of as-built plans when there are substantial deviations)
Within 30 days of completion of the system, submit two copies of the form to:
DEPT OF ENVIRONMENTAL PROTECTION
SOUTH DISTRICT
POBOX 2549
FT MYERS Fl33902-2549
62-343.900(5)
On-Line Document
Formatted 12/01197 kag
"
149 "I j
Fonn # 62-343.900(4)
Form Title: Annual Status Report
Effective Date: October 3; 1995
Environmental Resource Permit
Annual Status Report'
Florida Denartment of Environmental Protection
PERMIT NUMBER:
PROJECT NAME:
COUNTY:
PHASE:
The following activity has occurred at the above referenced poroject during the past year, between June 1,
and May 30,
Permit Condition! Activitv
% of ComoJetion
Date of Anticioated
CornoIetion
Date of
Co""HiDietion
(Use Additional Sheels As Necessary)
Benchmark Description (one per major control s~ture): _
Print Name
Phone
Pennittee's or Aurthorized Agent's Signature
Title and Company
Date
This form shall be submitted to the above referenced Department OffiCe during June of each year for activities whose duration of
construction exceeds one year.
62-343.900(4)
On-Une Document
Formatted 12101197 kag
"'
Form #62-343 900(3) F.A C
Form Title: Cons'trudion
Commencement Notice
Dale: October 3 1 995
ENVIRONMENTAL RESOURCE PERMIT
Construction Commencement Notice
PROJECT:
PHASE:
I hereby notify the Department of Environmental Protection that the construction of
the surface water management system authorized by Environmental Resource Permit
No.
has commenced I is expected to commence on
200_. and will require a duration of approximately
months
weeks
days to complete. It is Wlderstood that should the construction term
extend beyond one year, I am obligated to submit the Annual Status Report for Surface
Water Management System Construction.
PLEASE NOTE: .If the actual construction commencement date is not known, Department
staff should be so notified in writing in order to satisfy permit conditions.
Permittee or
Authorized Agent
Title and Company
Date
Phone
Address
.l4B
I
,
j
I
!
I
'\
--I
-,
148
EXHIBIT L
STANDARD DETAILS
GC-CA-L-1
EXHIBIT M
PLANS AND SPECIFICATIONS
Please download separate file from www.colliergov.netlbid
GC-CA-M-1
14B
PRINCIPLE IN CHARGE:
NORMAN GENTRY
OFFICE: 239-594-1994
PROJECT MANAGER:
BRIAN MCKENZIE
OFFICE: 239-594-1994
SUPERINTENDENT:
JAMES GREENBLATT
MOBilE: 239-571-1628
148
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
i!J\!\;iONi) (
ANCir ')j "jAMOr~i)
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