Active SLED Opportunity · FLORIDA · ORLANDO AVIATION
AI Summary
Invitation for Bids for the rehabilitation of Taxiways E & F at Orlando International Airport, including pavement, lighting, drainage, and safety upgrades. Responses due May 5, 2026. Project start November 2026.
Originally placed into service in 1989, Taxiways E and F function as vital cross‑field parallel taxiways centrally located within the airfield, providing a primary connection between the East and West Airfields at Orlando International Airport. The project includes comprehensive rehabilitation to restore pavement performance, improve infrastructure, and ensure continued compliance with current Federal Aviation Administration (FAA) design and safety standards.
Construction activities will include milling and overlaying the existing asphalt pavement, removal and replacement of designated concrete slabs, and rehabilitation of the taxiway shoulders. The project also incorporates installation of new electrical ductbank infrastructure to support airfield lighting and navigational aids, as well as drainage improvements to enhance stormwater conveyance and maintain compliance with FAA and airport requirements. Additional upgrades will address taxiway geometry, safety areas, pavement markings, lighting, and signage to fully align with the FAA’s current standards and ensure safe, efficient, and reliable aircraft operations well into the future.
The Procurement Services Point of Contact is: Kerry Gray-Brown, Sr. Procurement Agent, Capital Programs, kerry.gray-brown@goaa.org.
Addendum for 26-614-IFB Taxiway E & F Rehabilitation and Related Improvements at MCO - Phase I (BP-00514)
1.0 ACCESS TO RECORDS AND REPORTS.
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.
2.0 BREACH OF CONTRACT TERMS.
Any violation or breach of terms of this contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this contract in accordance with GP 80-08, or such other action that may be necessary to enforce the rights of the parties of this agreement. The Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the contract. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.
3.0 GENERAL CIVIL RIGHTS CLAUSE AND TITLE VI SOLICITATION NOTICE.
In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin, creed, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
The Aviation Authority in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4), 28 CFR § 50.3, and 49 CFR Part 21, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, all contractors will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of the owner’s race, color, national origin, sex, creed, age, or disability in consideration for an award.
Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR Part 21 (Non-discrimination in Federally-Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964) including amendments thereto; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 .U.S.C. § 6101 et seq.) (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982 (49 U.S.C. § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (P.L. 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR Parts 37 and 38; • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681, et seq).
4.0 CONTRACTUAL REQUIREMENTS PURSUANT TO CIVIL RIGHTS ACT OF 1964, TITLE VI (49 CFR PART 21).
Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:
5.0 CLEAN AIR AND WATER POLLUTION CONTROL.
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC §§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 USC§§ 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.
Contractor must include this requirement in all subcontracts that exceed $150,000.
6.0 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS.
7.0 COPELAND “ANTI-KICKBACK” ACT.
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration.
8.0 DAVIS-BACON REQUIREMENTS (29 CFR PART 5).
A copy of the current Davis-Bacon Wage Determination applicable to this Project is included as Attachment C.
1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for 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, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(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.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall
pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(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.
(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 the work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 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)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the 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 29 CFR § 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site.
The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, Sponsor, or Owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3;(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Sponsor, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, Sponsor, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR § 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has 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 determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
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§§5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR § 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for 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.
By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR § 5.12(a)(1). No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR § 5.12(a)(1). The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC § 1001.
9.0 DISADVANTAGED BUSINESS ENTERPRISE - CONTRACT ASSURANCE (49 CFR § 26.13)
The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
1) ,Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
Prompt Payment (49 CFR § 26.29)
The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from the Owner. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Owner. This clause applies to both DBE and non-DBE subcontractors.
Termination of DBE Subcontracts (49 CFR § 26.53(f))
The prime contractor must not terminate a DBE subcontractor listed in Exhibit D (or an approved substitute DBE firm) without prior written consent of the Owner. This includes, but is not limited to, instances in which the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non-DBE firm, or with another DBE firm.
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains written consent of the Owner. Unless the Owner’s consent is provided, the prime contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.
The Owner may provide such written consent only if the Owner agrees, for reasons stated in the concurrence document, that the prime contractor has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53.
Before transmitting to the Owner its request to terminate and/or substitute a DBE subcontractor, the prime contractor must give notice in writing to the DBE subcontractor, with a copy to the Owner, of its intent to request to terminate and/or substitute, and the reason for the request.
The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise the Owner and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the Owner should not approve the prime contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), the Owner may provide a response period shorter than five days.
In addition to post-award terminations, the provisions of this section apply to preaward deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements.
10.0 TEXTING WHEN DRIVING.
In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $10,000 that involve driving a motor vehicle in performance of work activities associated with the project.
11.0 OCCUPATIONAL SAFETY AND HEALTH ACT.
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.
12.0 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT.
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].
13.0 PROCUREMENT OF RECOVERED MATERIALS.
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.
The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-procurement- guidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or
c) Is only available at an unreasonable price.
14.0 RIGHTS TO INVENTIONS.
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR § 401.14. Contractor must include this requirement in all sub-tier contracts involving experimental, developmental, or research work.
15.0 SEISMIC SAFETY IN DESIGN.
In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code.
Seismic Safety in Construction
The Contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.
16.0 VETERANS PREFERENCE.
In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC § 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.
(End of clause)
All acknowledgments / certifications are to be completed in Section 9: Vendor Questionnaire.
Originally placed into service in 1989, Taxiways E and F function as vital cross‑field parallel taxiways centrally located within the airfield, providing a primary connection between the East and West Airfields at Orlando International Airport. The project includes comprehensive rehabilitation to restore pavement performance, improve infrastructure, and ensure continued compliance with current Federal Aviation Administration (FAA) design and safety standards.
Construction activities will include milling and overlaying the existing asphalt pavement, removal and replacement of designated concrete slabs, and rehabilitation of the taxiway shoulders. The project also incorporates installation of new electrical ductbank infrastructure to support airfield lighting and navigational aids, as well as drainage improvements to enhance stormwater conveyance and maintain compliance with FAA and airport requirements. Additional upgrades will address taxiway geometry, safety areas, pavement markings, lighting, and signage to fully align with the FAA’s current standards and ensure safe, efficient, and reliable aircraft operations well into the future.
The Procurement Services Point of Contact is: Kerry Gray-Brown, Sr. Procurement Agent, Capital Programs, kerry.gray-brown@goaa.org.
The following is included in the Vendor Questionnaire and is provided here in a format that is more easily readable.
Bidder must select one or the other (i.e., not both).
By selecting this certification statement, the bidder or offeror agrees:
Required Documentation
Type 2 Waiver (Nonavailability) - The iron, steel, manufactured goods or construction materials or manufactured goods are not available in sufficient quantity or quality in the United States. The required documentation for the Nonavailability waiver is
Type 3 Waiver – The cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components and subcomponents of the “facility/project.” The required documentation for a Type 3 waiver is:
Type 4 Waiver (Unreasonable Costs) - Applying this provision for iron, steel, manufactured goods or construction materials would increase the cost of the overall project by more than 25 percent. The required documentation for this waiver is:
Refer to Attachment E.
Respondent shall have completed, as a Prime Contractor, a minimum of 2 recent, similar and verifiable airfield projects, within 5 years prior to the deadline of this Solicitation. The minimum value of each project must be at least $8,000,000. Respondent shall provide an affirmative statement and/or documentary proof of such experience in Section 9: Vendor Questionnaire.
The Prime Contractor should provide qualifications of all subcontractors who intends to perform work within the following disciplines:
| Solicitation Release Date: | April 5, 2026 |
| Pre-Submittal Meeting (Non-Mandatory): | April 14, 2026, 9:00am In-Person: |
| Question Submission Deadline: | April 21, 2026, 5:00pm |
| Response Submission Deadline: | May 5, 2026, 2:00pm Microsoft Teams meeting |
| Tentative Committee Recommendation for Award and Notice of Intent to Award: | May 19, 2026 |
| Tentative Aviation Board Approval Date: | October 21, 2026 |
| Tentative Notice to Proceed Date: | November 2, 2026 |
| Tentative Substantial Completion Date: | September 13, 2027 |
| Tentative Final Completion Date: | November 12, 2027 |
Dates and times are subject to change.
All times shown are EST.
This Solicitation requires the following License(s)/Certification(s): General Contractor’s license. Proof of such certification / license must be provided in Section 9: Vendor Questionnaire.
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 (AASHTO), 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 roadway.
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 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; airport buildings and facilities located in any of these areas, and a heliport.
10-05 AIRPORT IMPROVEMENT PROGRAM (AIP). A grant-in-aid program, administered by the Federal Aviation Administration (FAA).
10-06 AIR OPERATIONS AREA (AOA). The term air operations area (AOA) 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.
10-07 APRON. Area where aircraft are parked, unloaded or loaded, fueled and/or serviced.
10-08 ASTM. Formerly known as the American Society for Testing and Materials (ASTM).
10-09 AWARD. The Owner’s notice to the successful Bidder of the acceptance of the submitted Bid.
10-10 BID. The written offer of the Bidder (when submitted using the e-procurement platform) to perform the contemplated Work and furnish the necessary materials in accordance with the provisions of the plans and specifications. The bid consists of the Bidder's Certification, Pricing Table(s), Bid Security, Exhibits, schedules, certifications, forms, and other documents required to be submitted by a Bidder in accordance with the Solicitation.
10-11 BID DOCUMENTS. The Bid Documents consist of the documents provided to the bidders upon which the Bid is to be based, including the Advertisement, Bidder's Certification, Pricing Table(s), Project Manual, Drawings, Specifications, Addenda, and the documents, reports and information referenced in such Bid Documents, including all terms and conditions of the solicitation published on the e-procurement platform.
10-12 BID SECURITY. The bid security furnished with a Bid to guarantee that the Bidder will submit a responsive Bid, will not withdraw its Bid for a period time designated in GP-20 after the time and date fixed for the opening of Bids, and that if the Bidder is provided with a Notice of Award the Contract, it will enter into the Contract, will supply evidence of the authority of the person executing the Contract and the Bonds to do so; and will submit the required Payment and Performance Bonds and Certificates of Insurance, and all other required documents required by the Contract.
10-1013 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a Bid proposal for the work contemplated. Bidder is used interchangeably with Respondent throughout the Solicitation.
10-1114 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.
10-1215 CALENDAR DAY. Every day shown on the calendar.
10-1316 CERTIFICATE OF ANALYSIS (COA) The COA is the manufacturer’s Certificate of Compliance (COC) including all applicable test results required by the specifications.
10-1417 CERTIFICATE OF COMPLIANCE (COC) The manufacturer’s certification stating that materials or assemblies furnished fully comply with the requirements of the Contract. The certificate shall be signed by the manufacturer’s authorized representative.
10-18 CLAIM. A Claim is a demand or assertion by the Owner or Contractor seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. A Claim also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be made by written notice and quantified pursuant to Section 50. Daily reports, job coordination meeting minutes and Requests for Change Orders do not constitute written notice of a Claim.
10-19 CONFORMED CONTRACT DOCUMENTS: For ease of administration of the Contract, the Owner may elect to have the Designer conform the Contract Documents. Conformed Contract Documents consist of the Bid Documents which are revised to incorporate information contained within the Addenda. If the Contract Documents have been conformed, the Contractor is responsible for verifying that the Addenda are accurately incorporated into the Conformed Contract Documents before relying on them for purposes of construction. Conformed Contract Documents are for convenience and do not supersede the information contained within the Contract Documents.
10-1620 CONTRACT. A written agreement between the Owner and the Contractor that establishes the obligations of the parties including but not limited to performance of work, furnishing of labor, equipment and materials and the basis of payment. The awarded contract includes but may not be limited to: Advertisement, Contract form, Proposal, Performance bond, payment bond, General provisions, certifications and representations, Technical Specifications, Plans, Supplemental Provisions, standards incorporated by reference and issued addenda. The phrase Contract may be used as an abbreviation for Contract Documents, which together form the Contract for Construction.
10-21 CONTRACT DOCUMENTS: The Contract Documents consist of the executed Contract between the Owner and Contractor, the Bid Documents, the Bid, and Contract Modifications issued after execution of the Contract.
10-1722 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the contract.
10-1523 CHANGE ORDER CONTRACT MODIFICATION. 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 work within the scope of the contract and necessary to complete the project. A Contract Modification is (1) a Change Order, (2) a Construction Change Directive, or (3) a Field Change Order.
10-1824 CONTRACT TIME. The number of calendar days or working days, stated in the proposal Bid Documents, allowed for completion of the Contract for Substantial Completion and Final Completion of the Work, including authorized time extensions. If a calendar date of completion is stated in the proposal Bid Documents, in lieu of a number of calendar or working days, the Work, or specific component of the Work as defined in the Contract Documents, shall be completed by that date.
10-1925 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.
10-2026 CONTRACTORS QUALITY CONTROL (QC) FACILITIES. The Contractor’s QC facilities in accordance with the Contractor Quality Control Program (CQCP).
10-2127 CONTRACTOR QUALITY CONTROL PROGRAM (CQCP). Details the methods and procedures that will be taken to assure that all materials and completed construction required by the Ccontract conform to Ccontract plans, technical specifications, the Contract, and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors.
10-2228 CONTROL STRIP. A demonstration by the Contractor that the materials, equipment, and construction processes results in a product meeting the requirements of the specification.
10-2329 CONSTRUCTION PHASING SAFETY AND PHASING PLAN (CQSPP). The overall plan for safety and phasing of a construction project developed by the airport operator or Owner, or developed by the airport operator’s consultant and approved by the airport operator or Owner. It is included in the Invitation for to Bid and becomes part of the pProject sSpecifications.
10-2530 DESIGNER. ENGINEER. The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for engineering, inspection, and/or observation of the contract work and acting directly or through an authorized representative. The Designer is the person or entity lawfully licensed in Florida to provide architectural or engineering services identified as such in the Contract Documents and is referred to throughout the Contract Documents as if singular in number. The term "Designer" means the Designer or the Designer's authorized representative.
10-2431 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area.
10-2632 EQUIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance; and all tools and apparatus necessary for the proper construction and acceptable completion of the work.
10-2733 EXTRA WORK. An item of work not provided for in the awarded Ccontract as previously modified by Change Order or Contract Modification supplemental agreement, but which is found by the Owner’s Engineer or Resident Project Representative (RPR) OAR to be necessary to complete the Work within the intended scope of the Contract as previously modified.
10-2834 FAA. The Federal Aviation Administration. When used to designate a person, FAA shall mean the Administrator or their duly authorized representative.
10-2935 FEDERAL SPECIFICATIONS. The federal specifications and standards, commercial item descriptions, and supplements, amendments, and indices prepared and issued by the General Services Administration.
10-36 FINAL COMPLETION. Final Completion is the date when final acceptance of the Work in accordance with the Contract Documents is achieved and all other Contract requirements have been fully performed, including the delivery of all required close-out documentation.
10-3037 FORCE ACCOUNT. (a) Contract Force Account - A method of payment that addresses extra work performed by the Contractor on a time and material basis. (b) Owner Force Account - Work performed for the project by the Owner's employees.
10-38 GENERAL PROVISIONS. Whenever, in the Specifications or on the Plans, the words “General Condition”, “Special Conditions”, “Special Provisions”, it shall be understood that the intent and meaning shall be interpreted to be the same and refer to the General Provisions GP-10 to GP-120.
10-3139 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 Owner and/or Resident Project Representative (RPR) OAR 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 Designer Engineer Owner and/or RPR OAR, subject in each case to the final determination of the Owner.
Any reference to a specific requirement of a numbered paragraph of the Ccontract 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.
The intent of the Contract is to include all information necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one portion shall be as binding as if required by all. Performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable as being necessary to produce the intended results. The Drawings indicate arrangements and results to be accomplished and the Contractor shall provide such necessary fastenings and accessories. If a conflict exists between the Contract Documents, the Order of Precedence provision contained in Section 50 shall apply.
Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings or Plans shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.
10-3240 LIGHTING. A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface.
10-41 LIQUIDATED DAMAGES. Liquidated Damages are those damages identified in the GP-20 that the Owner may assess against the Contractor or its Surety for tardy Substantial or Final Completion of the Work and for the Contractor’s failure to achieve any other milestone date identified in the Contract Documents.
10-42 LUMP SUM CONTRACT. Based on single Bid amount including all allowances to complete the entire Work of the Project.
10-3343 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal Bid, the total cost of which is equal to or greater than 20% of the total amount of the award cContract. All other items shall be considered minor contract items.
10-3444 MATERIALS. Any substance specified for use in the construction of the Ccontract Wwork.
10-3645 NOTICE TO PROCEED (NTP). A written notice to the Contractor to begin the actual Ccontract Wwork on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins.
10-3746 OWNER. The term “Owner” shall mean the party of the first part or the contracting agency signatory to the Ccontract. Where the term “Owner” is capitalized in this document, it shall mean airport Sponsor only. The Owner for this project is the Greater Orlando Aviation Authority.
10-47 OWNER’S AUTHORIZED REPRESENTATIVE (OAR). The OAR is the individual, partnership, firm, or corporation duly authorized by the Owner and identified at the Project Kickoff Meeting to perform the OAR's responsibilities of the Contract Documents.
10-3848 PASSENGER FACILITY CHARGE (PFC). Per 14 Code of Federal Regulations (CFR) Part 158 and 49 United States Code (USC) § 40117, a PFC is a charge imposed by a public agency on passengers enplaned at a commercial service airport it controls.
10-3949 PAVEMENT STRUCTURE. The combined surface course, base course(s), and subbase course(s), if any, considered as a single unit.
10-4050 PAYMENT BOND. The approved form of security furnished by the Contractor and their own surety as a guaranty that the Contractor will pay in full all bills and accounts for materials and, labor or supplies used directly or indirectly in the construction of the Work.
10-4151 PERFORMANCE BOND. The approved form of security furnished by the Contractor and their own surety as a guaranty that the Contractor will complete the work in accordance with the terms of the Ccontract, including all applicable warranties.
10-4252 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 Ccontract, supplementary to the specifications. Plans may also be referred to as 'Ccontract Ddrawings’ and include all graphic and pictorial portions of the Contract Documents, wherever located, showing the Work, generally including elevations, sections, details, schedules and diagrams.
10-4353 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport and is the totality of the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors.
10-44 PROPOSAL See Bid 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.
10-45 PROPOSAL GUARANTY – See BID SECURITY The security furnished with a proposal to guarantee that the bidder will enter into a contract if their own proposal is accepted by the Owner.
10-54 PROJECT MANUAL: The Project Manual consists of one or more volumes of bound documents assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications.
10-4655 QUALITY ASSURANCE (QA). Owner’s responsibility to assure that construction Work completed complies with specifications for payment.
10-4756 QUALITY CONTROL (QC). Contractor’s responsibility to control material(s) and construction processes to complete construction in accordance with project specifications and the Contract.
10-4857 QUALITY ASSURANCE INSPECTOR (QA). An authorized representative of the Designer Engineer and/or Resident Project Owner’s Authorized Representative (OAR) RPR) assigned to make all necessary inspections, observations, tests, and/or observation of tests of the Work performed or being performed, or of the materials furnished or being furnished by the Contractor.
10-4958 QUALITY ASSURANCE LABORATORY (QA). The official quality assurance testing laboratories of the Owner or such other laboratories as may be designated by the Designer Engineer or RPR OAR. May also be referred to as Designer’s Engineer’s, Owner’s, or QA Laboratory.
10-59 RECORD DOCUMENTS: The Record Documents consist of those documents assembled by the Designer at the conclusion of the Contractor’s performance of construction or service. Record Documents are developed from as-built drawings, as-built specifications and any other documents required to be submitted by the Contractor for closing out the Project. The Record Documents shall accurately document the Work as constructed, including all Contract Modifications and Changes.
10-5060 RESIDENT PROJECT REPRESENTATIVE (RPR). See OAR. The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for all necessary inspections, observations, tests, and/or observations of tests of the contract work performed or being performed, or of the materials furnished or being furnished by the Contractor, and acting directly or through an authorized representative.
10-5161 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft.
10-5262 RUNWAY SAFETY AREA (RSA). A defined surface surrounding the runway prepared or suitable for reducing the risk of damage to aircraft. See the construction safety and phasing plan (CSPP) for limits of the RSA.
10-5363 SAFETY PLAN COMPLIANCE DOCUMENT (SPCD). Details how the Contractor will comply with the CSPP.
10-5464 SPECIFICATIONS. A part of the Contract containing the written directions and requirements for completing the Contract Work, including requirements for materials, equipment, construction systems, standards and workmanship, and performance of related services. 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.
10-5565 SPONSOR. A Sponsor is defined in 49 USC § 47102(24) as a public agency that submits to the FAA for an AIP grant; or a private Owner of a public-use airport that submits to the FAA an application for an AIP grant for the airport. See definition above of “Owner.”
10-5666 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; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein.
10-5767 SUBGRADE. The soil that forms the pavement foundation.
10-68 SUBSTANTIAL COMPLETION. Substantial Completion is the date when the Work, or designated portion thereof, is deemed by the Owner to be sufficiently complete in accordance with the requirements of the Contract Documents, and includes but is not limited to compliance with the requirements of Section 50 and Section 01 78 00, having been fulfilled.
10-5869 SUPERINTENDENT. The Contractor's executive representative who is present on the Work during progress, authorized to receive and fulfill instructions from the RPR Owner and/or OAR, and who shall supervise and direct the construction.
10-5970 SUPPLEMENTAL AGREEMENT. A written agreement Contract Modification between the Contractor and the Owner that establishes the basis of payment and Contract Ttime adjustment, if any, for: the work affected by the supplemental agreement. A supplemental agreement is required if: (1) in scope Work would that increases or decreases the total amount of the awarded Contract by more than 25%: (2) in scope Work would that increases or decreases the total of any major Contract item by more than 25%; (3) work that is not within the scope of the originally awarded Contractor (4) adding or deleting of a major Contract item. See CONTRACT MODIFICATION
10-6071 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds that are furnished to the Owner by the Contractor.
10-6172 TAXILANE. A Ttaxiway designed for low speed movement of aircraft between aircraft parking areas and terminal areas.
10-6273 TAXIWAY. The portion of the air operations area (AOA) of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport’s runways, aircraft parking areas, and terminal areas.
10-74 UNIT PRICE CONTRACT. Based on specific units of Work for which unit prices are provided in the Pricing Table(s) and totaled to provide the Bid amount. Unless otherwise specified in the Contract Documents, payment on a Unit Price Contract will be made on the basis of actual quantities of Work performed at the Unit Price defined in the Contract.
10-6475 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, whether completed or partially completed and includes all services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or part of the Project and may refer to all or a portion of the labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the Contract Documents, plans, and specifications. The terms “Work” and “work” may be interchangeable and shall have the same meaning throughout the Contract Documents.
10-6576 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 as set forth in GP Section 80. for at least six (6) hours toward completion of the contract. When Work is suspended for causes beyond the Contractor’s control, it will not be counted as a working day. Saturdays, Sundays and holidays on which the Contractor’s forces engage in regular work will be considered as working days.
END OF SECTION 10
All interpretations, corrections and supplemental instructions will be in the form of written Addenda to the Contract Documents which, if issued, will be through the e-Procurement Platform. All Addenda shall become part of the Contract Documents. Only the interpretation or correction issued in a written Addendum shall be binding, and Respondents are warned that no other source or form of communication is authorized to give information concerning, or to explain or interpret, or modify the Bid Documents. Acknowledgement of all Addenda issued (if any) is required in order to be considered responsive.
20-01 ADVERTISEMENT (Notice to Bidders).
Refer to Attachment E– ADVERTISEMENT FOR BIDS of the Project Manual for the advertisement relating to this Project. The Advertisement also refers to the entire solicitation published on the e- procurement platform.
20-02 QUALIFICATION OF BIDDERS.
Each bidder shall submit evidence of competency and evidence of financial responsibility to perform the work to the Owner at the time of bid opening.
Evidence of competency, unless otherwise specified, shall consist of statements covering the bidder’s past experience on similar work, and a list of equipment and a list of key personnel that would be available for the work.
The Owner reserves the right to request any additional supporting documents deemed necessary after the Bid opening regarding the Bidder’s previous work experience, and the Bidder shall provide such information within 48 hours of such request.
In addition, if required by the Bid Documents, each bidder shall furnish the Owner satisfactory evidence of their financial responsibility. Evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder’s financial resources and liabilities as of the last calendar year or the bidder’s last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether their financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder’s financial responsibility has changed, the bidder shall qualify the public accountant’s statement or report to reflect the bidder’s true financial condition at the time such qualified statement or report is submitted to the Owner.
Unless otherwise specified, a bidder may submit evidence that it is pre-qualified with the State Highway Division Florida Department of Transportation (FDOT) and are is on the current "bidder's list'' of the state in which the for the proposed Work is located. Evidence of State Highway Division Florida Department of Transportation (FDOT) prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports specified above.
20-03 TIME OF COMPLETION.
The time of completion is of the essence of the Contract and each Bidder, if delivered an executed Contract, shall proceed with the Work in accordance with the approved schedule and within the Contract Time period specified in the Contract. In the event of failure to complete the Work within the time specified, the Owner may assess damages as provided by law or the Contract, unless an appropriate extension of time has been granted in writing. This time period is inclusive of a 60 calendar day submittal period during which no work will be performed at the job site unless authorized by the Owner or OAR.
The Time of completion for this Work, as used throughout the Contract to achieve substantial Completion from the issuance of the Notice to Proceed is as follows: (1) 315 calendar days if awarded the Base Bid, or (2) 375 calendar days if awarded the Base Bid and Add Alt #01, or (3) 435 calendar days if awarded the Base Bid and Add Alt 02, or (4) 435 calendar days if awarded the Base Bid, Add Alt #01, and Add Alt #02.
Final Completion shall be achieved within 60 calendar days from the date of Substantial Completion.
20-04 LIQUIDATED DAMAGES.
The Owner and Contractor acknowledge and agree that time is of the essence in the completion of the Work. The Owner and the Contractor acknowledge and agree that the amount of damages for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract and will be difficult, if not impossible to quantify with any reasonable certainty. Therefore, Owner and Contractor acknowledge and agree that if a milestone date identified in the Contract Documents, including Substantial Completion or Final Completion and milestone dates identified in the Contract Documents are not achieved within the established time frame, as adjusted by Contract Modifications, if any, the Contractor and the Contractor’s surety shall be liable to the Owner for Liquidated Damages for such delay, not as a penalty but as compensation to the Owner for its damages incurred due to such delay, as follows: $11,700 per calendar day for each and every consecutive calendar day elapsing between the date fixed for Substantial Completion of the Work and the date Substantial Completion is actually achieved and if specified in the Contract Documents, every consecutive calendar day elapsing between the date fixed for a defined milestone and the date that the milestone is actually achieved; and $ 5,850 per calendar day for each and every consecutive calendar day beyond the calendar days fixed for Final Completion of the Work and the date Final Completion is actually achieved.
In the event the Contractor fails to perform any other covenant or condition of this Contract relating to the Work, the Contractor shall become liable to the Owner for any actual damages which the Owner may sustain as a result of such failure on the part of the Contractor. The Owner’s receipt of payment for such Liquidated Damages does not preclude the Owner from pursuing any other rights or remedies available to it under the Contract or Florida law.
20-05 COMPUTATION OF TIME.
Unless otherwise specified in the Bid Documents, the term “days” shall refer to calendar days. When any obligation or deadline is measured by the number of days and the deadline date falls on a legal holiday or weekend when the Owner’s office is closed, the obligation will be allowed to be completed on the next business day without penalty.
20-0306 CONTENTS OF PROPOSAL FORMS BID DOCUMENTS.
The Owner's proposal forms Bid Documents state the location and description of the proposed construction; the place, date, and time of opening of the proposals Bids; and, for a Unit Price Contract, the estimated quantities of the various items of wWork to be performed and materials to be furnished for which unit bid prices are asked. The proposal form Bid Documents states the time in which the Work must be completed, and the amount of the proposal guaranty Bid Security that must accompany the Bid. proposal. The Owner will accept only those Proposals Bids properly executed on physical forms or electronic forms provided by the Owner. Bidder actions that may cause the Owner to deem a proposal Bid irregular are given in paragraph 20-12 IRREGULAR proposals BIDS.
Bids shall be submitted by following the instructions on the Opengov e-procurement platform. The Bidder shall specify the Total Bid Price for the entire Work described in the Contract Documents. No modifications to the Bid Documents shall be permitted, unless made pursuant to an Addendum.
The Project Plans or Drawings, Specifications, and other documents designated in the Bid Documents shall be considered a part of the Bid whether attached or not. The Drawings and other Contract Documents set forth, among other factors, the location and description of the Work to be performed under this Contract, the quantity of Work for which Bids are invited, the time in which the Work must be completed, and the amount of the Bid Security.
20-0407 ISSUANCE OF PROPOSAL FORMS Acceptance of Bid.
The Owner reserves the right to refuse to accept a Bid issue a proposal form to a prospective bidder if the bidder is in default for any of the following reasons:
20-0508 INTERPRETATION OF ESTIMATED PROPOSAL BID QUANTITIES FOR UNIT PRICE CONTRACTS.
For Unit Price Contracts, an estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal Bid Documents. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals bids 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 at the unit prices defined in the Bid in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as provided in the GP 40-03 ALTERATION OF WORK AND QUANTITIES, without in any way invalidating the unit bid prices defined in the Bid.
20-0609 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE.
The Bidder is expected required to carefully examine the site of the proposed Work, the proposal Bid Documents, Plans, Specifications, and Contract Documents forms. Bidders shall satisfy themselves to the character, quality, and quantities of Work to be performed, materials to be furnished, and to the requirements of the proposed Contract. The submission of a proposal Bid 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. A site visit will be conducted either following the Pre-Bid Conference or at a time specified during the period allowed for bidding.
Boring logs and other records of subsurface investigations and tests are may be 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 it may make or obtain from his/her examination of the boring logs and other records of subsurface investigations and tests that are may be furnished by the Owner.
The Owner disclaims all responsibility whatsoever with respect to the sufficiency or accuracy of test borings made, or of the logs of test borings, or of other investigations or records of subsurface conditions (including but not limited to, underground utility locations, or of the interpretations made thereof), and there is no warranty or guaranty, expressed or implied, that the conditions indicated by such test borings, logs, investigations, records, or information are representative of conditions existing throughout the Work site, or any part thereof, or that unforeseen developments may not occur.
20-0710 PREPARATION OF PROPOSAL BID.
The Bidder shall submit his/her Bid on the forms and in the electronic format required by the Owner. All blank spaces in the proposal Pricing Table(s) and other forms must be correctly filled in where indicated for each and every item for which a quantity is given. The Bidder shall state the price for which it proposes to do each pay item furnished in the proposal Bid. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern.
No modifications to the Bid Documents shall be permitted, unless made pursuant to an Addendum. Bids must be submitted on an exact reproduction of the forms provided.
The Bidder shall correctly sign and upload the forms required by the Owner on the e-procurement platform. If the proposal Bid is made by an individual, their 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 forms shall give the name of the state where the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal Bid as an agent shall attest to their authority to do so and certify that the signature is binding upon the firm or corporation.
If the Bidder is a corporation that was incorporated outside of the State of Florida, the Bidder shall provide with its Bid a current Certificate of Good Standing issued by its state of incorporation, demonstrating that the corporation is in good standing. The Certificate must be dated within thirty days prior to the date of Bid opening.
If the Bidder is a joint venture, then the Bidder shall provide with the Bid, a copy of: 1) the Joint Venture Agreement; 2) Statements of Authority (as set out in the Florida Administrative Code, Rule 6164-15.002), giving the licensed Contractor full authority to conduct the contracting business of the joint venture; and, 3) documentation of approval from the Construction Industry Licensing Board of Items 1 and 2 above, if applicable.
20-0811 RESPONSIVE AND RESPONSIBLE BIDDER.
A responsive Bid conforms to all significant terms and conditions contained in the Owner’s Invitation for to Bid. It is the Owner’s responsibility to decide if the exceptions taken by a Bidder to the Bid Documents are material or not and the extent of deviation it is willing to accept.
20-0912 IRREGULAR PROPOSALS BIDS.
Proposals Bids shall may be considered irregular for, including, but not limited to, the following reasons:
The Owner reserves the right to reject or downgrade any irregular proposal Bid 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.
20-1013 BID GUARANTEE SECURITY.
Each separate proposal Bidder shall be accompanied by submit a bid bond Bid Security in the form of a certified cashier’s check made payable to the Owner or a Bid Security in the form contained in the Contract Documents, duly executed by the Bidder as Principal and a Surety thereon a surety company fulfilling the qualifications and Power of Attorney requirements described in GP 30. Cash will not be accepted as a Bid Security.
The Bid Security shall be in an amount not less than ten percent (10%) of the amount of the Total Bid Price. The Bidder shall upload a copy of the fully executed Bid Security on the e-procurement platform and mail or hand-deliver the original to: The Aviation Authority Annex Building, Procurement Services Department, 5855 Cargo Road, Orlando, FL 32827- 4399, clearly labeled: 26-614-IFB Taxiway E & F Rehabilitation and Related Improvements at MCO - Phase I (BP-00514) - BID SECURITY.
The Bid Security shall guarantee that the Bidder will not withdraw the Bid for a period of 180 calendar days after the time and date fixed for the opening of Bids. If the Bidder improperly withdraws its Bid or if the Bidder receives a Notice of Intent to Award the Contract, and fails to execute and deliver to the Owner any of the Contract Documents within ten (10) days after the date of the Notice of Intent to Award, the Owner shall be entitled to the full amount of the Bid Security, not as a penalty, but in liquidation of and compensation for damages. A Notice of Intent to Award may then be provided to the next lowest, qualified, responsible Bidder whose Bid is responsive to the Invitation to Bid.
20-1014 DELIVERY OF AND RECEIPT OF BIDS PROPOSAL.
Bids shall be hand delivered or mailed submitted to the exact place specified in the Invitation to Bid. Bids must be submitted in sealed envelopes and labeled with the name of the Bidder, the Bidder’s address, the time and date fixed for the opening of Bids and plainly marked as follows: "BID PACKAGE NO. BP-00048, ORL RUNWAY 7-25 REHABILITATION AND RELATED WORKS, ORLANDO EXECUTIVE AIRPORT."
Bids received after that time will not be considered and will be returned unopened. Bids transmitted by facsimile or electronic mail are non-responsive and will not be considered.
Bids must be submitted through the associated eProcurement portal at https://procurement.opengov.com/portal/goaa. To be considered responsive, submissions should include all requested information and documents.
20-1115 WITHDRAWAL OR REVISION OF PROPOSALS. BIDS.
A bidder may withdraw or revise (by withdrawal of one proposal bid and submission of another) a proposal bid 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 bids must be received at the place specified in the advertisement before the time specified for opening all bids. If the Bidder improperly withdraws its Bid, the Owner may seek recourse against the Bid Security as set forth in the Bid Security Section.
20-1216 PUBLIC OPENING OF PROPOSALS. BIDS
Proposals Bids shall be opened, and read, publicly at the time and place specified in the Advertisement or as modified via an Addendum. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals Bids 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.
Bids are due at 2:00 pm on Tuesday, May 5, 2026, via submission to the associated eProcurement portal at https://procurement.opengov.com/portal/goaa. The Bid Opening will occur at 2:00 pm on Tuesday, May 5, 2026 via a Microsoft Teams Meeting.
20-1317 DISQUALIFICATION OF BIDDERS.
A bidder shall be considered disqualified for any of the following reasons:
20-1518 DISCREPANCIES AND OMISSIONS Discrepancies and Omissions.
A Bidder who discovers discrepancies or omissions with the project Bid Documents shall immediately notify the Owner Engineer of the matter. A bidder that has doubt as to the true meaning of a project requirement may submit to the Owner Owner’s Engineer a written request submitted to the associated eProcurement portal at https://procurement.opengov.com/portal/goaa for interpretation no later than fourteen (14) days prior to bid opening.
Any interpretation of the project Bid Documents by the Owner’s Engineer Designer will be by written addendum issued by the Owner or Designer via the associated eProcurement portal at https://procurement.opengov.com/portal/goaa. The Owner will not consider any instructions, clarifications or interpretations of the Bid Documents in any manner other than written addendum.
20-19 OBLIGATION OF BIDDERS.
The Bidder must inform itself fully of the construction, labor and security conditions under which the Work is to be performed. The Bidder shall not be relieved of its obligation to furnish all material, equipment, labor, and services necessary to carry out the provisions of the Contract Documents and to complete the contemplated Work for the consideration set forth in its Bid by reason of having failed to inform itself with respect to those matters.
20-20 ADDENDA – CHANGES WHILE BIDDING.
Any questions or requests for interpretation of the drawings, specifications or other Contract Documents or correction of any apparent ambiguity, inconsistency or error therein, shall be submitted in writing to the associated eProcurement portal at https://procurement.opengov.com/portal/goaa, by the deadline set forth in Section 1: Timeline.
All interpretations, corrections and supplemental instructions will be in the form of written Addenda to the Contract Documents which, if issued, will be distributed via the associated eProcurement portal, https://procurement.opengov.com/portal/goaa, to all prospective Bidders.
All Addenda shall become part of the Contract Documents. Only the interpretation or correction issued in a written Addendum shall be binding, and prospective Bidders are warned that no other source or form of communication is authorized to give information concerning, or to explain, interpret, or modify the Bid Documents.
If the Bidder fails to acknowledge receipt of any such Addendum as required in the e-procurement platform, its Bid will nevertheless be construed as though the Addendum had been received and acknowledged, and the submission of its Bid will constitute acknowledgement of the receipt of the same.
20-21 REQUIRED LICENSES.
Each Bid shall include a copy of all necessary licenses, registrations or certifications that are required to perform the Work. As a minimum qualification for construction, Bidder shall possess the necessary license(s) and be certified in accordance with Chapter 489, Florida Statutes.
When a General Contractor’s license is required it shall be of the General Contracting type defined in Florida Statutes Section 489.105(3)(a).
20-22 POWER OF ATTORNEY AND COUNTERSIGNATURE
Attorneys-in-fact who sign the Bid Security, Performance Bond and Payment Bond, must file with such Bonds a certified copy of their power-of-attorney to sign the bonds. All bonds must be countersigned by an agent appointed by the Surety and licensed by the State of Florida, with Power of Attorney attached.
20-23 INSURANCE REQUIREMENTS The selected Bidder will be required to provide the following insurance in accordance with the GP-70.
Commercial General Liability: $5,000,000 Each Occurrence Maximum
Deductible or Self-insured Retention: $100,000
Coverage shall include Products & Completed Operations and Contractual liability for the entire period of the statute of repose contained in Florida Statutes 95.11.
Automobile Liability: $5,000,000 Combined Single Limit Maximum
Deductible or Self-insured Retention: $100,000
Workers Compensation and Employer's Liability: Statutory limit; $500,000 each accident; $500,000 disease-policy limit $500,000 disease-each employee
Pollution Liability Coverage: $1,000,000, each Claim Maximum
Deductible or Self-insured Retention: $100,000
Any deductible or self-insurance retention ($0.00 and higher) for each coverage line must be indicated on the Certificate of Insurance. See the General Provisions Section 70-25 for Additional Insured requirements.
20-24 FLORIDA SALES, OTHER TAXES AND PERMITS.
The Bidder is responsible for paying to the appropriate governmental entity all applicable taxes. Any applicable tax legally enacted when the bids are received shall be included in the Total Bid Price by the Bidder, whether or not yet effective or merely scheduled to go into effect.
20-25 PUBLIC ENTITY CRIMES ACT AND OWNER’S DEBARMENT LIST.
By signing the Bidder's Certification, the Bidder represents that it is not precluded from submitting a bid under Section 287.133(2)(a), which provides 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 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 set forth in Florida Statutes s.287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.”
Further, any entity or individual placed on the Owner’s Debarment List pursuant to the Owner Policy, Section 130.04, may not submit a response to any letter of intent, letter of interest, statement of qualifications, quote, proposal, or bid as a contractor, supplier, subcontractor, consultant or individual, of any tier, for any goods or services or contracts and may not provide any goods or services to the Owner, on behalf of the Owner, or on the Owner’s property, regardless of whether there is a contractual relationship with the Owner. The Owner will disqualify any submission, bid or proposal that includes a person or entity on the Owner’s Debarment List. You may request a copy of the Owner’s Debarment List for your review at the following email: debarmentlist@goaa.org.
20-29 Not Used
20-30 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION (2 CFR PART 1200 AND 2 CFR PART 180).
By submitting a Response, the Bidder certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.
20-31 CERTIFICATION REGARDING FOREIGN TRADE RESTRICTIONS (49 CFR PART 30) TRADE RESTRICTION CERTIFICATION (49 CFR PART 30).
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant Contract, the Offeror:
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, §1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.
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 an Offeror or subcontractor:
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.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.
20-32 BUY AMERICAN CERTIFICATION.
Each Bidder shall complete the Buy American Certification that is included in the Vendor Questionnaire.
20-33 Not Used.
20-34 CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (49 CFR 20).
The Bidder or offeror certifies by signing and submitting this Bid, or proposal, to the best of his or her knowledge and belief, that:
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
END OF SECTION 20
Do not contact Aviation Authority Board members or Staff concerning this Solicitation. Public meetings and public deliberations of the Evaluation Committee are the only acceptable forum for the evaluation of any Responses received pursuant to this Solicitation. Written correspondence concerning questions may be submitted to the Procurement Services Department via the e-Procurement Platform during the specified period. Any official communication from a Respondent during the Solicitation process should be submitted in writing to the Greater Orlando Aviation Authority via the e-Procurement Platform as directed in the Solicitation. Copies of the Administration Policies (Sections 180.01 and 180.03) are available at https://flymco.com/airport-business/policies/. Failure to adhere to these requirements could result in action to disqualify your firm from consideration of award. Respondents to this Solicitation or persons acting on their behalf may not contact, between the release of the Solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this Solicitation, except in writing to the procurement officer or as provided in the Solicitation documents. Violation of this provision may be grounds for rejecting a response. (F.S. 287.057 (25))
A Respondent which fails to propose the minimum DBE participation and fails to demonstrate good faith efforts will be deemed non-responsive. Affirmative statement or Good Faith Effort must be provided in Section 9: Vendor Questionnaire.
The minimum DBE Participation Goal for this solicitation is: 0%.
30-01 CONSIDERATION OF PROPOSALS BIDS.
After the proposals Bids are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices the Base Bid Price plus any combination of Add-Alternates that is most advantageous to the Owner. The award will be made to the responsive and responsible Bidder that has the lowest price for the maximum scope of work for which funding is available.
In determining the apparent low bid, the Owner reserves the right to correct, in all bids, obvious mathematical errors within the Base Price, the unit price extensions, page totals or any combination thereof, if applicable. If a bidder's proposal Bid contains a discrepancy between 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 bid for any of the following reasons:
If addition, until the award of a contract is made, the Owner reserves the right to reject any or all proposals bids, waive irregularities or 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 bids; or proceed with the Work otherwise. All such actions shall promote the Owner's best interests.
In addition, until the award of a contract is made, the Owner reserves the right to reject any or all proposals bids, waive irregularities or 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 bids; or proceed with the Work otherwise. All such actions shall promote the Owner's best interests.
30-02 AWARD OF CONTARCT.
The A Notice of Intent to Award of a the Contract, if it is to be awarded, shall be made within in accordance with 60 calendar days of the date specified for publicly opening proposals, the Bid Security (Guarantee) Period specified in Section 20, unless otherwise specified herein.
If the Owner elects to proceed with an award of contract, the Owner will make award to the responsible bidder whose Bid, conforming with all the material terms and conditions of the Bid Documents, is the lowest in price.
Bidders are hereby informed that the award of this Contract may be contingent upon Owner's receipt of grant funding. The Owner reserves the right not to proceed with the award of the Contract for any reason, including, but not limited to, if the lowest Total Bid Price exceeds the Owner’s estimates or budget or funding is otherwise unavailable. The Owner shall have the right to rescind its Notice of Award without liability, except for the return of the Bid Security to the Bidder, at any time before the Contract Documents have been fully executed by all parties and delivered to the Contractor.
The Owner also reserves the right to take into consideration the Bidder’s Qualifications and past performance with the Owner or any other entity in determining if the Bidder is responsible and qualified.
30-03 CANCELLATION OF AWARD.
The Owner reserves the right to cancel the award without liability to the bidder, except return of proposal Bid Security, at any time before a contract has been fully executed by all parties and is approved by the Owner in accordance with paragraph 30-07 APPROVAL OF CONTRACT.
30-04 RETURN OF PROPOSAL BID GUARANTY SECURITY.
All proposal Bid guaranties Securities, except those of the two three lowest bidders, will be returned immediately within ten (10) days after the Owner has made a comparison of Bids as specified in the paragraph 30-01, CONSIDERATION OF PROPOSALS BIDS. Proposal Bid guaranties Securities of the two three lowest bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful bidder's proposal Bid guaranty Security will be returned within seven (7) days. The successful bidder's proposal Bid guaranty Security will be returned as soon as the Owner receives the Contracts bonds as specified in paragraph 30-05, REQUIREMENTS OF CONTRACT BONDS.
30-05 REQUIREMENTS OF CONTRACT BONDS.
At the time of the execution of the Ccontract, 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 Wwork. 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.
Contractors are hereby informed that as a public entity, the Owner’s property is not subject to the Construction Lien Law contained in Chapter 713, Florida Statutes.
A Performance Bond and a Payment Bond satisfactory to the Owner, each in an initial amount of not less than the Total Contract Price, will be required from the successful Bidder for, among other, the following purposes: a) to guarantee faithful performance of the requirements of the Contract Documents, including all applicable warranties; b) to guarantee the payment of all labor, materials, or supplies used directly or indirectly in the prosecution of the Work provided for in the Contract; and c) to comply fully with the requirements of Florida law.
The Penal Sum of the Performance Bond and the Payment Bond shall be increased or decreased automatically during the course of the Work in the event that Contract Modifications or addenda increase or decrease the Total Contract Price so that the Penal Sum of each bond shall be in an amount equal to the Total Contract Price Sum at the completion of the Work.
The Bonds shall be written through a licensed Florida agency on behalf of a surety company licensed to do business in Florida meeting the following requirements:
If the Surety on any bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated or suspended in any state or it ceases to meet the requirements defined above, or any such bond is otherwise void or defective for any reason, the Contractor shall within ten (10) days thereafter substitute Performance and Payment Bonds from a different Surety, pursuant to the Contract Documents. The Owner may at its sole discretion suspend all Work pursuant to GP80-12 pending Contractor procuring substitute bonds.
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 paragraph 30-05, REQUIREMENTS OF CONTRACT BONDS, of this section, within 15 calendar days from the date mailed or otherwise delivered to the successful bidder. Unless all Bids are rejected, a Notice of Award the Contract will be issued to the apparent successful Bidder. The Notice of Award is not a commitment, but a procedure to enable the Bidder to assemble and deliver to the Owner the Contract Documents. The Bidder who receives a Notice of Award the Contract shall, within ten
days of the date of Notice of Award, execute and deliver to the Owner all of the required Contract Documents, including, but not limited to the following:
The above documents must be furnished, executed and delivered to the Owner before the Contract will be executed by the Owner. The Contract shall not be deemed awarded and shall not be binding upon the Owner until it has been executed by the Owner and a copy of the fully executed Contract Documents is delivered to the Contractor.
30-07 APPROVAL OF CONTRACT.
Upon receipt of the cContract and contract bond or bonds that have been executed by the successful bidder, the Owner shall complete the execution of the cContract in accordance with local laws or ordinances, and return the fully executed contract to the Contractor. Delivery of the fully executed Ccontract to the Contractor shall constitute the Owner's approval to be bound by the successful bBidder's proposal Bid and the terms of the cContract.
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 period specified in paragraph 30-06, EXECUTION OF CONTRACT, of this section ten (10) calendar days after the date of the Notice of Award shall be just cause for cancellation of the aAward and forfeiture of the proposal Bid Security, not as a penalty, but as liquidation of damages to the Owner. In such event, a Notice of Award the Contract may be provided to the next lowest, qualified Bidder whose Bid is responsive to the Advertisement.
30-09 ALLOWANCES.
The Contractor shall include in the Total Contract Price all allowances stated in the Contract. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct.
Unless otherwise provided in the Contract Documents:
30-10 OWNERSHIP AND USE OF DESIGNER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS.
All Drawings, Specifications and other documents prepared by the Designer are and shall remain the property of the Owner, and the Owner shall retain all common law, statutory and other reserved rights with respect thereto. They shall not be used on any other project without the prior written consent of the Owner, and the Contractor shall take such action as may be necessary to prevent their use on any other project or for additions to the Project outside the scope of the Work by any Subcontractor or material and equipment Supplier. The Contractor, Subcontractors, and material and equipment Suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Designer appropriate to and for use in the execution of their Work under the Contract Documents. Submittals or distributions necessary to meet official regulatory requirements or for other purposes relating to completion of the Project are not to be construed as a publication in derogation of the Owner's copyright or other reserved rights.
30-11 STANDARD FORMS.
The following forms shall be utilized in the execution of the Work:
30-12 INFORMATION AND SERVICES REQUIRED OF THE OWNER.
The Owner shall identify the OAR for the purpose of all communication required between the Owner and the Contractor.
The Owner shall not be responsible for furnishing surveys or other information as to the physical characteristics of or utility locations for the Project site.
The Owner shall secure and pay for any easements, transportation and sewer benefit fees, Orlando Utilities Commission charges for electrical transformer and primary service costs and water service inspection fees, and threshold inspections associated with the Work. The Contractor shall secure and pay for all other permits, inspections, fees and notices, as set forth more particularly in GP-70.
END OF SECTION 30
The Aviation Authority has adopted a Code of Ethics and Business Conduct Policy # 101-02, which addresses the obligation of the Aviation Authority’s Board members and employees to follow the Florida Statutes in reference to these issues. This includes, but is not limited to, the obligations of the Aviation Authority’s Board members and employees with respect to having an interest in business entities, outside employment, gratuities, divulgence of information, unauthorized compensation and acceptance of gifts. Please be aware that any violation of this policy by a Respondent and/or any attempt to influence an Aviation Authority Board member or employee to violate the policy is sufficient cause for the denial of the right of the Respondent to Respond on any contract or sell any materials, supplies, equipment, or services to the Aviation Authority for a period of time that is determined by the Chief Executive Officer. A copy of this policy (101.02) is available on the Aviation Authority’s website: https://flymco.com/airport-business/policies/
Each Bidder shall submit a Bid Security in the form of a cashier’s check made payable to the Owner or a Bid Security in the form contained in the Contract Documents, duly executed by the Bidder as Principal and a Surety thereon a surety company fulfilling the qualifications and Power of Attorney requirements described in GP 30. Cash will not be accepted as a Bid Security.
The Bid Security shall be in an amount not less than ten percent (10%) of the amount of the Total Bid Price. The Bidder shall upload a copy of the fully executed Bid Security on the e-procurement platform and mail or hand-deliver the original: The Aviation Authority Annex Building, Procurement Services Department, 5855 Cargo Road, Orlando, FL 32827- 4399, clearly labeled: 26-614-IFB Taxiway E & F Rehabilitation and Related Improvements at MCO - Phase I (BP-00514) - BID SECURITY.
The Bid Security shall guarantee that the Bidder will not withdraw the Bid for a period of 180 calendar days after the time and date fixed for the opening of Bids. If the Bidder improperly withdraws its Bid or if the Bidder receives a Notice of Award the Contract, and fails to execute and deliver to the Owner any of the Contract Documents within ten (10) days after the date of the Notice of Award, the Owner shall be entitled to the full amount of the Bid Security, not as a penalty, but in liquidation of and compensation for damages. A Notice of Award may then be provided to the next lowest, qualified, responsible Bidder whose Bid is responsive to the Invitation to Bid.
40-01 INTENT OF CONTRACT.
The intent of the Ccontract 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 provide and pay for all labor, services, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and all other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. The Contractor shall not be entitled, under any circumstances, to any increased cost of doing business, including but not limited to, increased costs of materials, trucking, and fuel.
40-02 AIRPORT LAYOUT PLAN CHANGE REQUEST.
Prior to the start of construction, the Contractor shall be required to review the FAA permit for the construction equipment and machinery planned to be used at the Airport for the Project. If there is any modification required, an amendment shall be filed to the FAA by the Contractor through the OAR. The review and approval process requires a minimum of forty-five (45) days. No construction equipment or machinery shall be permitted on the Airport property until after the Airport Layout Change Request, including any modifications or amendments required for the Contractor’s equipment, has been approved by the FAA. This construction equipment and machinery shall be marked and lighted in accordance with the FAA requirements or as shown and specified in the Contract Documents.
40-023 ALTERATION OF WORK AND QUANTITIES.
The Owner reserves the right to make such changes in quantities and Work as may be necessary or desirable to complete, in a satisfactory manner, the original intended Work. Unless otherwise specified in the Contract, the Designer shall submit a Bulletin to the OAR defining the change in the Work Work and variation of quantities, and the Owner shall process a Contract Modification to implement such change be and is hereby authorized to make, in writing, such in-scope alterations in the Work and variation of quantities as may be necessary to complete the Work. provided such action does not represent a significant change in the character of the Work.
For purpose of this section, a significant change in character of Work means: any change that is outside the current contract scope of Work; any change (increase or decrease) in the tTotal Contract Pricecost by more than 25%; or any change in the total cost of a major Contract item by more than 25%.
Work alterations and quantity variances that do not meet the definition of significant change in character of Work shall not invalidate the Ccontract nor release the surety. Contractor agrees to accept payment for such Work alterations and quantity variances in accordance with Section 90, paragraph 90-08, Compensation for Altered Quantities.
Should tThe value of altered Work or quantity variance meet the criteria for significant change in character of such altered Work and quantity variance shall be covered by a Contract Modification supplemental agreement. Supplemental agreements shall also require consent of the Contractor’s surety and shall be included under the Contract separate performance and payment bonds. If the Owner and the Contractor are unable to agree on a Change Order unit adjustment that meets the criteria for significant change in character of Work for any Contract item that requires a supplemental agreement, the Owner reserves the right to terminate the Contract with respect to the item and make other arrangements for its completion.
40-04 PROCEDURES FOR CHANGES IN THE WORK.
1. CONTRACT MODIFICATIONS
1. A Contract Modification may be made by (1) written Change Order ("CO"), (2) written Construction Change Directive ("CCD"), or (3) written Field Change Order ("FCO"). Both COs and CCDs must be approved by the Owner's Construction Committee or the Greater Orlando Aviation Authority Board in accordance with the Owner's Policies.
2. When the Contractor and Owner do not agree to the terms of a proposed CO, the Owner may unilaterally issue a CCD. Once issued by the Owner, a CCD changes the Work and the Contractor has a contractual obligation to complete the Work identified in the CCD.
3. The Owner may issue an FCO as necessary in accordance with the Owner’s Policies. An oral directive shall not constitute a Contract Modification.
4. Changes in the Work shall be performed in accordance with the applicable provisions of the Contract Documents.
5. For an FCO, CO or CCD to modify the Total Contract Price, the amount of the change shall be based upon one of the following methods to be selected by the Owner:
a) a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation which data shall include, at a minimum, copies of such books and records of the Contractor and its Subcontractors to verify actual material and equipment costs, labor costs, actual bond premiums, other allowable costs as defined in this GP40, and any estimates, work sheets, quotes, proposals or other data used by the Contractor in estimating the value of the changed Work; or
b) unit prices stated in the Contract Documents or subsequently agreed upon; or
c) an amount not to exceed in accordance with the Force Account provisions of Section 40-04; or.
d) in a manner otherwise agreed upon by the Owner and the Contractor
6. If unit prices are included in the Contract Documents, the Owner may authorize by FCO, CO or CCD increases or decreases in quantities of any Work Item without any change in the applicable unit price, provided that the aggregate change does not increase or decrease the aggregate quantity of a Work Item by an amount greater than twenty-five percent (25%). If the aggregate quantity of a Work Item changes (either increases or decreases) by more than twenty-five percent (25%), then the Owner and Contractor shall negotiate an agreement to an increase, decrease, or no change in the unit price for the Work Item.
7. Potential Change Order. When the Contractor believes an event has occurred or a condition exists that could result in a change in the Work, the Contractor shall serve written notice of the event or condition by submitting a Potential Change Order (PCO) to the OAR within seven (7) days initiating change document (such as a Bulletin or RFI response) or event. If a proper Request for Change Order (RCO) can be submitted within seven (7) days, a PCO is not necessary. Each PCO shall include the basis for the potential change in contract, the preliminary estimated cost and schedule impact information. A PCO does not constitute a formal request for change order and does not require the Owner or OAR to respond. The Contractor shall maintain a report that tracks all submitted PCOs.
8. Request for Change Order. For all proposed Contract Modifications, the Contractor shall submit a Request for Change Order (RCO) to the OAR, with a copy to the Owner’s Project Manager, within thirty (30) days of the initiating change document (such as Bulletin or RFI response) or event.
9. To be considered a proper RCO, for a Change Order the RCO must:
10. The OAR will deny a RCO that is not timely or that fails to include all required information and documentation The Contractor’s failure to timely submit a proper RCO shall result in the Contractor’s waiver of all Claims related to the subject of the RCO or that should have been submitted as a RCO.
11. Upon OAR receipt of a proper, timely, and complete RCO, if the OAR determines that there is no justification of entitlement to the proposed change in contract cost and contract time, the OAR will send to the Contractor written notice of the denial of the RCO with an explanation of the basis for denial. Following the OAR’s preliminary determination of entitlement, if the RCO is not within the allowed variance of the OAR independent cost estimate or independent schedule analysis, or if any required substantiation documentation is not in compliance with the Contract, the OAR will provide written notice of the denial to the Contractor and explain the deficiencies. If the Contractor cures the deficiencies, the Contractor may submit a revised RCO. A revised RCO will be evaluated for compliance as a new submission.
12. Each RCO shall include the proposed equipment rates for major equipment owned or leased by the Contractor or by its Subcontractors and the proposed labor rates, excluding burden, for all trades anticipated to be required on the Contract Modification, including those supplied by Subcontractors. This shall include written confirmation by the Contractor or Subcontractor where applicable, that the labor rates reflect actual compensation, excluding those items defined below to comprise labor burden. If the Contractor intends to request a labor burden rate greater than allowed by the Contract Documents, the complete substantiation for this request must also be submitted with the labor rates. The Contractor shall also provide, if requested by the OAR, actual payroll records to support the labor rates. After review and approval by the OAR, these approved labor and Contractor owned and leased equipment rates shall be used on subsequent change orders requiring work by these same trades and equipment. In the event that additional trades or equipment are required for a Contract Modification, the Contractor shall provide the same information defined above for these additional trades and equipment to the OAR for approval.
13. The RCO for a proposed change in contract cost must include a detailed breakdown of the allowable direct costs by Contractor, Subcontractors and Suppliers. The following allowable direct costs include direct labor, labor burden, equipment, material, sales taxes, additional bond costs and other costs further defined as follows:
iv. Material cost shall correspond to actual quantities of materials required to complete the Work. Invoices, prorated to these actual quantities, including freight to site, if not transported by trucks paid for otherwise, plus applicable sales tax, shall constitute the only reimbursable materials expenses. Material prices shall be consistent with or under values established by industry guides recording the lowest prices for Central Florida.
v. Actual increases in its performance and payment bond costs for the Project, but only to the extent supported by actual invoices which show the difference in cost resulting from the overall change in Total Contract Price. These additional costs are not included in change orders prior to the final change order for the Project. Contractor will be compensated for additional bonding costs, such as subcontractor default insurance or other similar bonding services, or for bonding costs for any Subcontractor or Supplier of any tier, but not both.
vi. Actual increases in the cost of general liability insurance, but only to the extent supported by actual invoices which show the difference in cost resulting from any increase in insurance limits or other insurance-related requests by the Owner. No payment will be made without this specific documentation.
vii. Actual increases in permitting costs, but only to the extent supported by actual invoices or receipts showing the difference between the permitting costs for the for the Work prior to any Contract Modifications and the final permitting cost after all Contract Modifications have been completed.
15. The Contractor, on behalf of itself and its Subcontractors and Suppliers, represents that all allowable costs furnished by the Contractor to the Owner for any CO, CCD, FCO or Force Account Work, shall be fair, reasonable, accurate, complete and current at the time of submission. In addition to any other rights and remedies provided to the Owner by the Contract Documents, the Owner shall have the right to adjust the Total Contract Price to (1) exclude any amounts by which the Owner determines any CO, CCD, FCO or Force Account Work was increased due to inaccurate information and (2) recover interest on all excess amounts paid to the Contractor at the legal rate of interest. The Contractor and its Subcontractors shall be required to include these provisions in any Subcontracts entered into for this Project.
16. Mark-up is defined as the amount to be included in the Contract Modification as the Contractor’s overhead and profit, and includes all compensation for all costs associated with general conditions, all home office costs, supervision (home office, project managers, project engineers and superintendents and all salaried employees of the Contractor that have been assigned to the Project), cost estimating services, consumables, small tools, layout, coordination, as-built drawings and all other costs not specifically allowed in GP-40-04.13. No separate payment shall be allowed for any expense that is included in the mark-up.
17. Unless otherwise agreed by the parties, the amount of mark-up shall be determined separately for each work item and is calculated as a percentage of the costs that are specifically allowed in GP-40-04.13. The amount of mark-up shall not exceed the following percentages:
| (A) | (B) | (C) |
Contractor’s | Contractor’s Mark-up on | First Tier Subcontractors’ | |
Mark-up on Work by | Work Performed by | Mark-up on All Work | |
Cost of Work Item | Contractor’s Own Forces | Subcontractors or Suppliers |
|
$1 to $25,000 | 15% | 10% | 15% |
$25,001 to $500,000 | 12% | 8% | 12% |
$500,001 and above | 10% | 6% | 10% |
7.2 CHANGE ORDERS (CO)
7.3 CONSTRUCTION CHANGE DIRECTIVES (CCD)
7.4 FIELD CHANGE ORDERS (FCO)
7.5 FORCE ACCOUNT WORK
7.6 MINOR CHANGES IN THE WORK
7.6.1 A minor change in the Work may be issued by the OAR when there is no cost for the change and when no adjustment to the Contract Time will be required. A minor change may be issued as a Designer’s Supplemental Instruction (DSI), as a written response to a Request for Information or in any other manner that the OAR deems appropriate.
40-035 OMITTED ITEMS.
The Owner , the Owner’s Engineer or the RPR may provide a Contract Modification written notice to the Contractor to omit from the wWork any cContract item that does not meet the definition of major Contract item. Major Contract items may be omitted by a supplemental agreement. Such omission of Contract items shall not invalidate any other Contract provision or requirement.
Should a Contract item be omitted or otherwise ordered to be nonperformed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with Section 90, paragraph 90-09, PAYMENT FOR OMITTED ITEMS.
40-046 EXTRA WORK.
Should acceptable completion of the Contract require the Contractor to perform an item of work not provided for in the awarded Contract as previously modified by a Contract Modification change order, or supplemental agreement Owner may issue a Contract Modification to cover the necessary Extra wWork. Change orders Contract Modification for eExtra wWork shall contain agreed unit prices for performing the change order Extra wWork in accordance with the requirements specified in the Contract Modification order and shall contain any adjustment to the Contract Time that, in the Owner’s opinion, is necessary for completion of the eExtra wWork.
When determined by the Owner to be in the Owner’s best interest, the RPROAR may order the Contractor to proceed with Extra wWork as provided in Section 90, paragraph 90-10, PAYMENT FOR EXTRA WORK. Extra wWork that is necessary for acceptable completion of the pProject, but is not within the general scope of the Work covered by the original Contract, shall be covered by a Change Order supplemental agreement as defined in Section 10, paragraph 10-70, SUPPLEMENTAL AGREEMENT.
If Extra Work is essential to maintaining the pProject critical path, RPR Owner may direct the OAR to order the Contractor to commence the Extra wWork under a Time and Material contract Force Account method. Once sufficient detail is available to establish the level of effort necessary for the eExtra Work, the Owner shall initiate a Contract Modification change order or supplemental agreement to cover the eExtra wWork.
Any claim whatsoever for payment of Extra Work that is not covered by a Contract Modification written agreement (change order or supplemental agreement) shall be rejected by the Owner.
40-57 MAINTENANCE OF TRAFFIC.
It is the explicit intention of the Contract that the safety of the public, aircraft, as well as the Contractor’s equipment and personnel, is the most important consideration. The Contractor shall maintain traffic in the manner detailed in the Construction Safety and Phasing Plan (CSPP).With respect to his/her own operations and the operations of all his/her subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying: personnel; equipment; vehicles; storage areas; and any work area or condition that may be hazardous to the operation of aircraft, fire-rescue equipment, or maintenance vehicles at the airport.
40-068 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 Resident Project Representative (RPR) Owner and OAR shall be notified. Written direction from the Owner or OAR is required prior to Contractor disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the RPR OAR in accordance with the provisions of the Contract.
Except as provided in Section 40, paragraph 40-09, RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK, 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 used in the Work as otherwise provided for in the contract and shall remain the property of the Owner when so used in the Work.
40-79 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 Ccontract to be either embankment, the Contractor may at their own option either:
Should the Contractor wish to exercise option a., b., or c., it shall request the RPR’s Designer’s approval in advance of such use.
Should the RPR Designer 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 Ccontract unit price. The Contractor shall replace, at their expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the Ccontract Wwork. The Contractor shall not be charged for use of such material so used in the Work or removed from the site.
Should the RPR Designer approve the Contractor's exercise of option a., the Contractor shall be paid, at the applicable Ccontract unit price, for furnishing and installing such material in accordance with requirements of the Ccontract item in which the material is used.
It is understood and agreed that the Contractor shall make no claim whatsoever for delays by reason of their own exercise of option a., b., or c.
The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the Work, except where such excavation or removal is provided for in the cContract, plans, or specifications.
40-10 CLEANING UP.
The Contractor, on a daily basis, shall keep the premises and surrounding area free from the accumulation of waste materials or rubbish caused by operations under the Contract. The Contractor shall not dispose of debris or waste material on the Owner’s property or in waste containers (dumpsters) leased by the Owner without prior approval of the Owner. If the Contractor fails to keep the site clean, then, following the Owner’s 48 hour written notice to the Contractor, the Owner may take appropriate action to clean the site and charge such costs to the Contractor.
40-0811 FINAL CLEANING UP.
Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. The Contractor shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property owner.
40-12 WARRANTY.
The Contractor warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly authorized by the Owner, may be considered defective. If required by the OAR or Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment provided in the Work. Warranties required by the Contract Documents shall commence on the Date of Substantial Completion, unless otherwise provided in the Contract Documents. The Contractor shall deliver all required warranty documents before submitting the final application for payment. When the specifications require that a warranty shall be for longer than one year, the Contractor shall ensure that the warranty is issued directly to the Owner as the original purchaser warrantee. Any breach of the warranties will be a breach of this Contract.
40-13 TAXES.
The Contractor shall pay all sales, consumer, use or similar taxes for the Work or portions thereof provided by the Contractor, unless otherwise specifically provided in the Contract Documents. The Contract Price shall be equitably adjusted by Change Order for additional costs resulting from any changes in taxes enacted after the date the bids were received.
Contractor covenants and agrees that the Work is owned by the Greater Orlando Aviation Authority and neither Contractor nor any successors in interest shall, or have any right to, claim depreciation deductions or investment tax credits for federal income tax purposes with regard to the Work.
40-14 GOVERNING LAW.
The Contract shall be governed by the laws of Florida.
40-15 SUCCESSORS AND ASSIGNS.
The Contractor binds itself, its successors, assigns and legal representatives to the Owner and the Owner’s successors, assigns and legal representatives in respect to covenants, agreements and obligations contained in the Contract Documents. The Contractor shall not assign the Contract in whole or in part without written consent of the Owner, which consent may be granted or withheld in the Owner’s sole discretion.
Any transfer of this Contract by merger, consolidation or liquidation or (unless the stock of the Contractor is traded on a national stock exchange or in a generally recognized over the counter securities market) any change in ownership of or power to vote a majority of the outstanding voting stock or ownership interests of the Contractor shall constitute an assignment of this Contract for the purposes of this Contract. In the event the Contractor assigns or attempts to assign any right or obligation arising under this Contract without the Owner’s prior written consent, the Owner shall be entitled to terminate this Contract, in the Owner’s sole discretion.
40-16 WRITTEN NOTICE.
Written notice shall be deemed to have been duly served to the Owner if delivered in person, by electronic mail (e-mail), accompanied with a duplicate copy of the notice sent via regular mail within three (3) business days to those persons identified as representatives of the Owner and OAR, unless changed through an acceptable means of written notice. Any written notice shall be deemed duly served upon the earlier of the date of receipt if sent via certified mail, or the date of transmission if sent via e-mail or delivered in person.
Written notice shall be deemed to have been duly served to the Contractor if delivered in person, by certified mail, or by electronic mail (e-mail) accompanied with a duplicate copy of the notice sent via regular mail within three (3) business days to those persons identified as representatives of the Contractor in the Contractor’s Bid, or to those persons the OAR and/or Owner reasonably believes are the active Program Manager or Project Executive (or similar) on the Project. Any written notice shall be deemed duly served upon the earlier of the date of receipt if sent via certified mail, or the date of transmission if sent via e-mail or delivered in person.
40-17 RIGHTS AND REMEDIES.
Duties and obligations imposed by the Contract and rights and remedies available thereunder shall be in addition to duties, obligations, rights and remedies otherwise imposed or available by law.
The invalidity or unenforceability of any portion or provision of this Contract shall in no way affect the validity or enforceability of any other portion or provision thereof. Any invalid or unenforceable portion or provision shall be deemed severed from this Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain such invalid or unenforceable portion or provision. In the event any such portion or provision of this Contract is declared invalid, the Parties shall promptly negotiate in good faith new provisions to eliminate such invalidity and to restore this Contract as near as possible to its original intent and effect.
In order that the Parties to this Contract may fully exercise their rights and perform their obligations hereunder arising from the performance of the Work, any provisions of this Contract that are required to ensure exercise of such rights or performance shall survive termination of this Contract regardless of the cause for such termination and regardless of whether such termination applies to all or only part of the Contract. Without limitation, all audit provisions shall survive termination of this Contract and all indemnification provisions shall survive the expiration of this Contract with respect to any acts or omissions occurring during the term of this Agreement and shall not be affected or reduced by any information with which the Owner has been provided or may otherwise obtain in the future. No provision of the Contract Documents shall be construed to limit the Contractor’s liability for, without limitations, defects (latent or patent) in the Work, warranty claims, or to limit recourse to the Contractor’s surety.
40-18 INTEREST.
All interest due and payable by the Owner to the Contractor or by the Contractor to the Owner shall be at the legal statutory rate of interest.
40-19 REPRESENTATIONS AND WARRANTIES.
The Parties represent and acknowledge that they have been provided with the opportunity to discuss and review the terms of this Contract with their respective attorneys before signing it and that they are freely and voluntarily signing this Contract in exchange for the benefits provided herein. The Parties further represent and acknowledge that they have been provided a reasonable period of time within which to review the terms of this Contract Bidder acknowledges that any unauthorized additions, conditions, limitations, or exceptions to the Bid Documents or Contract Documents or any unauthorized conditional or alternate pay items may render its Bid nonresponsive.
The Contractor and Owner represent and warrant to the other that (1) the execution and delivery of the Contract and the performance of the acts and obligations to be performed by each of them have been duly authorized by all necessary corporate (or, if appropriate, partnership) resolutions or actions; and (2) the Contract does not conflict with or violate any agreements to which either party is bound, or any judgment, decree or order of any court against or affecting such party.
The Contractor expressly warrants that no officer, employee, or agent of the Owner or of the Owner’s Board has any interest, either indirectly or directly, in the business of the Contractor. The Contractor further warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Contract, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Contract and that it has not agreed to employ or retain the services of any firm or person in connection with performing the Work hereunder.
Pursuant to Section 287.133(2) (a), Florida Statutes, 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 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 set forth in Florida Statutes s.287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. The Contractor hereby represents that it does not fall within the class of persons identified in the previous sentence such that Contractor would be precluded from entering into this Contract.
END OF SECTION 40
A Response may be considered irregular and may be rejected if, in the Owner’s sole discretion, it contains any omissions, alterations of form, additions not called for, conditions, reservations, qualifications, objections, limitations, unauthorized alternate bids or any other irregularities of any kind or any other cause, which, in the Owner's judgment and sole discretion, is sufficient to justify disqualification of a Respondent or the rejection of its Response. In addition, the Owner reserves the right to reject for any reason, in its sole discretion, all Responses at any time prior to full execution of Contract and delivery to the Respondent. The Owner reserves the right to reject any irregular Response, to reject any or all Responses, to re-advertise the Project or elect not to proceed with the Project. The Owner also reserves the right to waive irregularities if such waiver is in the best interest of the Owner.
50-01 AUTHORITY OF THE DESIGNER.
The RPR has final authority regarding the interpretation of project specification requirements. The RPR shall determine acceptability of the quality of materials furnished, method of performance of work performed, and the manner and rate of performance of the work. The RPR does not have the authority to accept work that does not conform to specification requirements.
The Designer shall decide all questions which may arise as to the interpretation of the Specifications or Plans relating to the Work.
The Designer will visit the Project site at appropriate intervals to become generally familiar with the progress and quality of the Work and to determine in general if the Work is being performed in a manner such that when the Work is completed it will be in accordance with the Contract Documents. The Designer will not make exhaustive or continuous on-site inspections to check quality or quantity of the Work unless otherwise provided in the Contract Documents.
Based on the Designer's periodic site observations, the Designer may review the amounts approved by the OAR due the Contractor on each Application for Payment and will advise the Owner of any apparent issues with the amount requested for payment or with the amount approved by the OAR for payment.
The Designer will review and take appropriate action upon the Contractor's Submittals that are defined in the Contract Documents, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Designer's action will be taken with such reasonable promptness as to avoid or minimize delay in the Work or in the activities of the Owner, Contractor, or separate contractors, while allowing sufficient time to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Designer's review of the Contractor’s Submittals shall not relieve the Contractor of the obligations of the Contract Documents. The Designer's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Designer, of any construction means, methods, techniques, sequences or procedures. The Designer's review of and action concerning a specific item shall not indicate review of and action concerning an assembly of which the item is a component.
The Designer is the interpreter of the technical requirements and intent of the Contract Documents. The Designer, within a reasonable period of time after receipt of a written request therefore, shall render such interpretations in writing or in the form of drawings to the OAR for forwarding to the Contractor.
The Designer will conduct inspections with the OAR and Contractor to determine if the requirements for Substantial Completion have been satisfied, to prepare the Designer’s Substantial Completion punch list, to ensure the Designer’s punch list work has been completed and to confirm the requirements for Final Completion have been satisfied. The OAR will receive and forward to the Designer for review written warranties and related close-out documents required by the Contract Documents and assembled by the Contractor.
The Designer will not have control over, charge of or be responsible for construction means, methods, techniques, or procedures, or for safety precautions and programs in connection with the Work. These are solely the Contractor's responsibility .
50-02 ROLE OF THE OWNER'S AUTHORIZED REPRESENTATIVE (OAR)
The OAR shall provide administration of the Contract as described in the Contract Documents and shall be selected by the Owner at the Project Kick-off Meeting. The specific person or entity which will perform the OAR's responsibilities shall be identified by the Owner. The Owner may be the OAR and the Owner has authority to perform any of the actions that the OAR may perform.
The OAR is the party through whom all communications shall be transmitted to and from the Contractor unless otherwise provided in the Contract Documents. However, the Owner and Contractor are not precluded from direct communications. The Contractor shall copy the OAR with all communications between the Owner and the Contractor if such direct communication occurs. Communications by and with Subcontractors and material Suppliers shall be through the Contractor. The Contractor's communications with the Designer or with separate contractors shall be through the OAR.
The OAR will receive and process the Contractor’s submittals, including transmitting the Submittals to the Designer and returning the Designer’s comments or approvals to the Contractor with such reasonable promptness as to avoid or minimize delay in the Work or the activities of the Owner, Contractor or separate contractors, while allowing sufficient time for the Designer’s review, but not less than 14 days after receipt unless otherwise specified in the Contract Documents. The OAR’s processing and review of the Submittals shall not relieve the Contractor of its obligations under the Contract Documents and shall not constitute approval of safety precautions or any means, methods, techniques, sequences or procedures.
The OAR is authorized to reject Work which does not conform to the Contract Documents. Whenever the OAR considers it necessary or advisable, the OAR is authorized to require additional inspection, examination or testing of the Work, regardless of the stage of completion or delivery of the Work. However, neither this authority of the OAR nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the OAR to the Contractor, Subcontractors, material and equipment Suppliers, their agents or employees, or other persons performing portions of the Work.
The OAR will prepare or assist the Owner in preparing Change Orders, Construction Change Directives, and Field Change Orders. The OAR may authorize minor changes in the Work as provided in these General Provisions.
The OAR, in conjunction with the Designer and the Contractor, will conduct inspections to determine the date or dates of Substantial Completion and the date of Final Completion, will receive and forward to the Owner, for the Owner's review and records, written warranties and other documents required by the Contract Documents and assembled by the Contractor, and will execute a final Certification for Payment upon the Contractor’s compliance with the requirements of the Contract Documents. Receipt by the OAR or Owner of warranties and other documents at variance with the requirements of the Contract Documents shall not be deemed acceptance of a modification to the Contract Documents or a waiver of any requirement of the Contract documents.
The OAR will not have control over, charge of or be responsible for construction means, methods, techniques, or procedures, or for safety precautions and programs in connection with the Work. These are solely the Contractor's responsibility. However, in the event the Contract Documents expressly require the Contractor to use specific means, methods, techniques, or procedures, the Contractor shall perform the Work in accordance with those express requirements.
The OAR does not have the authority to accept pavements that do not conform to FAA specification requirements.
50-023 CONFORMITY WITH PLANS AND SPECIFICATIONS.
All work Work and all materials furnished shall be in reasonably close conformity conform with to 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 RPR OAR finds the materials furnished, Work performed, or the finished product do not within reasonably close conformity with conform to the Plans and Specifications, but that the portion of the Work affected will, in their opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, the RPR they will advise the Owner of their determination that the affected Work be accepted and remain in place. The RPR OAR will document the determination and recommend to the Owner a basis of acceptance which will provide for an adjustment in the Contract Price for the affected portion of the Work. Changes in the Contract pPrice must be covered by a Contract Modification. contract change order or supplemental agreement as applicable.
If the RPR OAR finds the materials furnished, Work performed, or the finished product are not in reasonably close conformity with do not conform to 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 RPR’s OAR’s written orders.
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 Nothing in this section shall waive the RPR’s OAR’s responsibility to insist on strict compliance with the requirements of the Contract, Plans, and Specifications during the Contractor's execution of the Work, when, in the PRP’s OAR’s opinion, such compliance is essential to provide an acceptable finished portion of the Work.
The term "reasonably close conformity'' is also intended to provide the RPR Nothing in this section shall waive the OAR’s with the authority, after consultation with the Owner Sponsor and FAA, to use good engineering judgment in his/her determinations as to accept 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 OAR will not be responsible for the Contractor ’s shall be solely responsible for its means, methods, techniques, sequences, or procedures of construction or and the safety precautions incident thereto.
50-04 LIST OF SPECIAL PROVISIONS.
See Section 7 of the Solicitation (Division 0 - Special Provisions).
50-05 SUBMITTALS - SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, manufacturer, Supplier or distributor to illustrate some portion of the Work.
Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.
Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be accepted. Shop Drawings, Product Data,
Samples and similar submittals (all of which shall be referred to as "Submittals") are not changes to the Contract Documents, unless incorporated by a Contract Modification. The purpose of Submittals is to demonstrate for those portions of the Work for which Submittals are required, the manner in which the Contractor proposes to conform to the Contract Documents.
Unless the Specifications provide otherwise, the Contractor shall review, approve and submit to the OAR, for review, all Submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. The Contractor shall furnish the Submittals in the format and quantity required by the specifications. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such Submittals with the requirements of the Work and of the Contract Documents. Submittals that have not been approved by the Contractor shall be returned by the OAR to the Contractor without review.
The Contractor shall perform no portion of the Work nor purchase any materials requiring review of Submittals until the relevant Submittal has been reviewed and accepted in the manner set forth in the Contract Documents. All Work shall be performed in accordance with Submittals which have been reviewed and returned by the OAR in accordance with the Contract Document. Review and return of the submittal does not constitute acceptance by the Owner of any modification to the Contract Documents See GP-50. When Submittals are not fully accepted through no fault of the Owner, the Contractor shall revise and resubmit Submittals at no additional cost to the Owner; no Contract Time extensions shall be allowed for revisions and resubmission of Submittals.
If the Contractor proposes to deviate from the requirements of the Contract Documents, the Contractor shall separately submit, and identify prominently on the transmittal cover sheet(s) for the Submittal, all proposed deviations from the requirements of the Contract Documents. The Contractor shall provide detailed justification for any deviation request. The Contractor's transmittal cover sheet(s) shall direct, in writing, attention to the specific proposed deviations, and the Submittal shall contain all required data and supporting documentation necessary for evaluation of the proposed deviation. The Owner will make all final determinations for acceptance of the proposed deviation. Any Submittal containing deviations not identified as previously described shall be deemed rejected and require resubmission. When requesting a deviation, the Contractor shall also make the representations contained in the specifications. The Contractor's request for a deviation shall not entitle the Contractor to a time extension.
The Contractor shall direct specific attention, in writing, to any revision(s) on resubmitted Submittals, other than those requested on previous Submittals.
Informational submittals identified in the Contract Documents do not require responsive action. When the Contract Documents require the Contractor to submit professional certification of performance capabilities of materials, connections, assemblies, systems, equipment, or other aspects of the Work, the Owner shall be entitled to rely upon the accuracy and completeness of such calculations and certifications.
Review or acceptance of Submittals or any related documents by Owner or OAR (or those at their direction) shall not in any way relieve the Contractor of the technical adequacy and accuracy of the Work, nor shall it be construed as a waiver of any of the Contractor’s obligations or liability that may arise under the Contract or out of performance of the Work.
When Shop Drawings, Product Data or Physical Samples are returned to the Contractor stamped REJECTED, NOT APPROVED, RETURNED FOR CORRECTIONS or otherwise not accepted through no fault of the Owner, the Contractor may be required to reimburse the Owner for its additional expenses incurred as a result of the Contractor's failure to comply with submittal requirements up to a maximum of
Drawing Sheets - $400.00/Drawing Sheet
Product Data - $100.00/Cut Sheet
Physical Samples - $200.00/Sample
Such sums reflect the damages suffered by the Owner as a result of the Contractor's deficient performance, the actual amount of which cannot be accurately determined as of the time this Contract is awarded, and not as a penalty. The foregoing amounts may be withheld (cumulatively) from the Contractor's Application for Payment each month, as applicable. At or before Final Completion, a deductive Contract Modification may be issued to the Contractor by the Owner to reflect all such deductions. These damages shall be in addition to, and not in restriction of, the Owner’s other rights and remedies arising from the Contract Documents or law.
50-36 COORDINATION OF CONTRACTS, PLANS AND SPECIFICATIONS.
The Contract, plans, specifications, and all referenced standards cited are essential parts of the Contract requirements. If electronic files are provided and used on the project and there is a conflict between the electronic files and hard copy plans, the hard copy plans shall govern. 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 advisory circulars (ACs); contract general provisions shall govern over plans, cited standards for materials or testing, and cited ACs; plans shall govern over cited standards for materials or testing and cited ACs. If any paragraphs contained in the Special Provisions conflict with General Provisions or Technical Specifications, the Special Provisions shall govern the order of precedence for the Contract shall be as follows:
The more stringent requirements shall apply in the event any conflict cannot be resolved by applying the order of precedence.
From time to time, discrepancies within cited testing standards occur due to the timing of the change, edits, and/or replacement of the standards. If the Contractor discovers any apparent discrepancy within standard test methods, the Contractor shall immediately ask the RPR OAR for an interpretation and decision, and such decision shall be final.
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, Contractor shall immediately notify the Owner or the designated representative OAR in writing requesting their written interpretation and decision. The Contractor shall obtain written clarification from the OAR before proceeding with any Work affected by any conflict, error, ambiguity, discrepancy, inconsistency or omission. In addition, if the Contractor performs any construction activity which the Contractor knows or should have known contains an error, inconsistency or omission, the Contractor shall be responsible for such performance and shall bear the cost for correction.
50-07 REVIEW OF CONTRACT AND FIELD CONDITIONS BY CONTRACTOR.
The Contractor acknowledges and declares that the Contract Documents are sufficient to enable the Contractor to complete the Work as shown in the Contract Documents or, if not specifically shown, to perform the activities which may be reasonably inferred as necessary for completion of the Work in accordance with the requisite time frame, applicable laws, statutes, building codes, regulations, or as otherwise required by the Contract Documents.
The Contractor shall take field measurements, verify field conditions and carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be immediately reported in writing to the OAR, and in no event later than seven (7) days after discovery by the Contractor. If the Contractor performs any construction activity which the Contractor knows or should have known contains an error, inconsistency or omission, the Contractor shall be responsible for such performance and shall bear the cost for correction.
The Contractor represents that it is familiar with the Project site and has received all information it needs concerning the conditions of the Project site. The Contractor represents that it has inspected the location of the Work and has satisfied itself as to the location and condition thereof, including, without limitation, the location and condition of all structures, utilities, and surface and subsurface conditions. At no additional cost to the Owner, the Contractor shall undertake all further investigations and studies as may be necessary or useful to determine the location and condition of structures, utilities, surface and subsurface conditions. The Contractor shall exercise special care in executing Work in proximity of known utilities, improvements, and easements. The Contractor shall be solely responsible for the location of any existing utilities. Based upon the foregoing inspections, understandings, agreements and acknowledgments, the Contractor agrees and acknowledges: (i) that the Total Contract Price is just and reasonable compensation for all the Work, including all reasonably foreseen and foreseeable risks, hazards, and difficulties in connection therewith; (ii) that the Contract Time is adequate for the performance of the Work; and (iii) that the Work shall not result in any unintended lateral or vertical movement of any existing structure.
Use of Site and Coordination. The Contractor shall confine operations at the site to the limits of construction shown on the Drawings and shall not unreasonably clutter the site with materials or equipment. The Contractor shall not dispose of debris or waste material on the Owner's property. Hazardous materials shall be disposed of pursuant to applicable state and federal statutes. At no additional cost to the Owner, the Contractor shall take all actions necessary to coordinate the Work with other activities at the Project, including, but not limited to, the ongoing operations of the Owner, and users of the Owner’s facilities.
Concealed, Unforeseen, Unforeseeable, or Unknown Conditions. The Contractor shall have no claims for concealed or unknown conditions without strict compliance with this paragraph and GP 50-27. If the Contractor encounters conditions at the site that are (1) concealed physical conditions which differ materially from those indicated in the Contract or (2) 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, the Contractor shall give written notice in the form of an RFI to the OAR promptly before conditions are disturbed and in no event later than seven (7) days after first observing the conditions. This notice shall include a written description of and the proposed method to resolve the concealed or unknown condition. If the OAR determines that the conditions at the site are not materially different from those indicated in the Contract and that no change in the Work is justified, the OAR shall so notify the Owner and Contractor in writing. The Contractor may deliver an RCO in accordance with Article 7. At the Owner's request, the Contractor shall make available to the Owner the results of any surface or subsurface investigations of the site, test borings, analyses, studies or other tests conducted by or in possession of the Contractor or any of its agents.
At the Owner's request, the Contractor shall make available to the Owner the results of any surface or subsurface investigations of the site, test borings, analyses, studies or other tests conducted by or in possession of the Contractor or any of its agents
The Contractor shall review the Contract Documents to determine the applicability of any and all laws, ordinances, rules, regulations and lawful orders of public authorities that may govern the Work. The Contractor shall comply with all laws, ordinances, rules, regulations and lawful orders of public authorities governing the Work and shall give all notices required in connection therewith. In addition, the Contractor shall not knowingly violate any zoning or setback requirement or any provision of any recorded covenant.
The Contractor shall notify the Owner and OAR of any discrepancy or potential conflict between the Contract Documents and any building codes or other law or regulations of which the Contractor has knowledge of or should be reasonably able to determine and if the resolution of the conflict actually impacts the Total Contract Price or Contract Time, a Contract Modification shall be issued in accordance with GP-40. If the Contractor performs Work contrary to laws, statutes, ordinances, building codes, rules or regulations, the Contractor shall correct the Work and be responsible for all costs associated therewith.
Pursuant to Florida Statute 218.70, the “Public Bid Disclosure Act,” the Owner gives notice to the Contractor that the Owner does not issue permits for the Work and accordingly there is no fee assessed by the Owner. However, the City of Orlando and other governmental entities may require fees for building and other permits for the Work. Except for the Owner’s non-refundable deposit paid to the City of Orlando for commercial permitting referenced in Section 00 41 13, the Contractor shall secure and pay for all required permits that are necessary for the proper execution and completion of the Work, including, but not limited to, all applicable site permits, building permits, engineering, dewatering, National Pollution Discharge Elimination System (NPDES) stormwater management and all other permits required to complete the Work. In addition, except as defined under Owner’s responsibilities in GP-60, the Contractor shall procure all required certificates of inspection, use, occupancy and completion.
50-08 MAINTENANCE OF DOCUMENTS, SAMPLES AND AS-BUILT DRAWINGS AT THE SITE.
The Contractor shall maintain at the site all approved Shop Drawings, Product Data, Samples and other required submittals and make such documents available to the Owner, Designer and OAR.
The Contractor shall maintain at the site As-Built Documents comprised of one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to accurately reflect all as-built conditions, including, but not limited to, all locations of utilities as actually determined or installed and all changes to the Work. These As-Built Documents shall be available to the Owner, Designer and OAR at all times. All As-Built Documents shall be delivered to the OAR for review and acceptance upon completion of the Work, signed by the Contractor to certify that they show complete and exact as-built conditions, stating dimensions, sizes, kinds of materials, and similar matters (including, but not limited to, piping and conduit locations). The Contractor shall be held responsible for all damages arising directly or indirectly out of the Contractor's failure to maintain complete and accurate As-Built Documents and other information.
The Contractor shall maintain at the Work site all permit Drawings in a manner so as to make them accessible to governmental inspectors and other authorized agencies at all times. All final updated Permit Drawings shall be delivered to the OAR prior to Final Completion, unless another timeframe has been established by the OAR, in writing.
50-09 ACCESS TO WORK.
At all times, the Contractor shall, at no additional cost, provide the Owner, OAR and Designer access to the Work subject to the safety rules and insurance requirements of the particular work area. This access shall include the Contractor’s providing reasonable assistance; including, but not limited to, providing ladders, equipment and workers to remove/replace heavy objects.
50-0510 COOPERATION OF CONTRACTOR.
The Contractor shall be supplied with five hard copies or an electronic PDF of the plans and specifications. The Contractor shall have available on the construction site at all times one hardcopy each of the plans and specifications. Additional hard 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 shall cooperate with the RPR Designer, OAR and their inspectors and with other Contractors in every way possible. The Contractor shall have a competent Project Manager and Superintendent on the Work at all
The Contractor shall give constant attention to the Work to facilitate the progress thereof, and shall cooperate with the RPR Designer, OAR and their inspectors and with other Contractors in every way possible. The Contractor shall have a competent Project Manager and Superintendent on the Work at a times who is fully authorized as their 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 RPR OAR or their authorized representative.
The Contractor shall supervise and direct all portions of the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract including coordination of the duties of all Subcontractors and Suppliers, unless the Contract Documents give other specific instructions concerning these matters.
The Contractor shall control its operations and those of its Subcontractors and Suppliers to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration.
The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and all other persons performing portions of the Work for which the Contractor is responsible.
The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract either by activities or duties of the OAR in the OAR's administration of the Contract, or by tests, inspections, or approvals required or performed by persons other than the Contractor.
The Contractor shall be responsible for inspection or examination of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. The Contractor shall keep full detailed written records of all inspection or examination efforts. These written records shall include dates, subject matter, persons present, results of inspections or examinations and shall be made available to the Owner, if requested.
If any of the Work is required to be inspected or approved by the Contract Documents or by any laws, ordinances, rules, regulations or orders of public authorities, the Contractor shall cause such inspection or approval to be performed. No test, inspection or examination performed or failed to be performed by the Owner, shall be a waiver of the enforcement of any of the Contractor’s obligations.
The Contractor is fully responsible to provide a sufficient number of skilled workers, supervision, and project management personnel, to prosecute the Work and insure that the Work is completed within the Contract Time. Failure to fully staff the Project with skilled workers, supervision, or project management personnel shall be cause for termination of the Contract in accordance with GP-80 or such other remedies as set forth in the Contract Documents. The Contractor assumes all risks of delays or extra costs which may be associated with labor disputes involving the Contractor, its Subcontractors or Suppliers and in no event shall the Contractor be entitled to additional compensation or an extension of Contract Time due to any such labor disputes.
50-0611 COOPERATION BETWEEN CONTRACTORS.
The Owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract.
When separate contracts are let within the limits of any one project, each Contractor shall conduct the Work 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 harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same project.
The Contractor shall arrange their work and shall place and dispose of the materials being used to not interfere with the operations of the other Contractors within the limits of the same project. The Contractor shall join their work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. The Contractor shall promptly afford the Owner and separate contractors reasonable opportunity for storage of their materials and equipment and performance of their activities and shall coordinate the Contractor's construction and operations with theirs as required by the Contract.
If the proper execution of the Contractor’s Work depends upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with the affected portion of the Work, promptly report to the OAR, with a copy to the Owner, apparent discrepancies or defects in such other construction, if any, that would render it unsuitable for such proper execution. Failure of the Contractor to report discrepancies or defects shall constitute an acknowledgment that the Owner's or separate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects which are not discoverable at that time through the exercise of reasonable diligence.
The Contractor shall promptly remedy and repair damage caused by the Contractor to completed or partially completed construction, including, without limitation, the Work, or to property of the Owner or separate contractors. Such remedies and repairs shall be at the Contractor’s sole expense.
Claims and other disputes and matters in question between the Contractor and a separate contractor shall be subject to the provisions of this Contract with respect to entitlement and recoverable costs. If a separate contractor initiates legal or any other proceedings against the Owner on account of any damage alleged to have been solely caused by the Contractor, the Owner shall notify the Contractor, who shall defend and indemnify the Owner in such proceedings solely at its own expense (including, without limitation, attorneys’ fees and costs), or at the Owner’s option, pay all defense costs of the Owner including attorney’s fees and costs, and if any judgment or award against the Owner arises therefrom, the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorneys' fees and court or other costs which the Owner has incurred over and above those paid directly by the Contractor.
When separate contracts are performed within overlapping limits of construction, or areas which might result in congestion or interference, each contractor shall conduct its work so as not to interfere with or hinder the progress or completion of the work being performed by separate contractors.
Any difference or conflict which may arise between the Contractor and separate contractors related to the Work shall be referred to the OAR for resolution, unless otherwise stated in the Contract Documents. If the Work of the Contractor is delayed because of any work, acts, or omissions of any separate contractor, then only an extension of Contract Time sufficient to compensate for the delay, as determined by the OAR, shall be granted to the Contractor as its sole and exclusive remedy. In no event shall the extension of Contract Time exceed the day-for-day period of delay experienced by the Contractor. The Contractor's entitlement to an extension of Contract Time for such delays shall be conditioned upon timely receipt by the OAR of proper written notice from the Contractor of the cause of the delay, indicating what measures, if any, the Contractor has employed to minimize the effect of the delay.
The Contractor shall be responsible for controlling all labor employed by it and its Subcontractors for performance of the Work so as to avoid any disruption of or disharmony with other labor being used by separate contractors now or hereafter working on the Owner's property. The Contractor further agrees that this provision will be included in all of its subcontracts.
The OAR shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing related construction schedules when directed to do so. The Contractor shall make any revisions to the Progress Schedule deemed necessary after a joint review and mutual agreement. The Progress Schedules shall then be used by the Contractor, separate contractors and the Owner until subsequently revised.
The OAR will be responsible for coordinating the Work of all contractors on the Project when the Project involves more than one contractor. The OAR and Owner have the right to make changes in the Contractor's sequence of operations if in their judgment and sole discretion changing Project conditions require changes in sequence. The Contractor shall modify its sequence of operations and procedures, as required by the OAR and Owner.
The Contractor shall join its Work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. The Contractor shall not damage in whole or in part the Work, other Work of the Owner or of separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work.
If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials, debris, and rubbish, the Owner may clean up and allocate the cost, in its sole discretion, among those responsible.
50-0712 CONSTRUCTION LAYOUT AND STAKES.
The Designer shall establish necessary horizontal and vertical control. The establishment of survey control and/or reestablishment of survey control shall be by a State Licensed Land Surveyor. Contractor is responsible for preserving integrity of horizontal and vertical controls established by Designer. In case of negligence on the part of the Contractor or their employees, subcontractors, or anyone under the Contractor’s control, resulting in the destruction of any horizontal and vertical control, the resulting costs will be assessed deducted as a liquidated damage against the Contractor. 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.
Prior to the start of construction, the Contractor will check all control points for horizontal and vertical accuracy and certify in writing to the OAR that the Contractor concurs with survey control established for the project. All lines, grades and measurements from control points necessary for the proper execution and control of the Work on this project will be provided to the OAR. The Contractor is responsible to establish all layout required for the construction of the project.
Copies of survey notes will be provided to the OAR for each area of construction and for each placement of material as specified to allow the OAR to make periodic checks for conformance with plan grades, alignments and grade tolerances required by the applicable material specifications. Surveys will be provided to the OAR prior to commencing work items that cover or disturb the survey staking. Survey(s) and notes shall be provided in DWG and PDF the following formats.
Laser, GPS, String line, or other automatic control shall be checked with temporary control as necessary. In the case of error, on the part of the Contractor, their surveyor, employees or subcontractors, resulting in established grades, alignment or grade tolerances that do not concur with those specified or shown on the plans, the Contractor is solely responsible for correction, removal, replacement and all associated costs at no additional cost to the Owner.
No direct payment will be made, unless otherwise specified in Contract Documents, for this labor, materials, or other expenses. The cost shall be included in the price of the Bid for the various items of the Contract.
50-0813 AUTHORITY AND DUTIES OF QUALITY ASSURANCE (QA) INSPECTORS.
QA inspectors shall be authorized to inspect all Work done and all material furnished. Such QA inspection may extend to all or any part of the Work and to the preparation, fabrication, or manufacture of the materials to be used. QA inspectors are not authorized to revoke, alter, or waive any provision of the Contract. QA inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor.
QA Inspectors are authorized to notify, through the OAR, the Contractor or their 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 OAR for a decision.
50-0914 INSPECTION OF THE WORK.
All materials and each part or detail of the Work shall be subject to inspection by the RPR OAR, Designer and Owner. The RPR OAR, Designer and Owner shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor, at no additional cost, as is required to make a complete and detailed inspection. If requested at any time by the Owner, Designer or OAR, the Contractor shall furnish satisfactory evidence as to the kind and quality of material and equipment provided in the Work.
The Contractor shall be responsible for coordinating and scheduling all permitting agencies’ tests and inspections. All required certificates of inspection, use, occupancy and completion shall be delivered to the Owner by the Contractor in sufficient time for occupancy of the Project in accordance with the schedule for the Work. All costs incurred in connection with obtaining any permit, license, test or inspection, including any required overtime in connection therewith, shall be included within the Total Contract Price.
If any of the Work is required to be inspected or approved by the Contract Documents or by any laws, ordinances, rules, regulations or orders of public authorities, the Contractor shall cause such inspection or approval to be performed. No test, inspection or examination performed or failed to be performed by the Owner, shall be a waiver of the enforcement of any of the Contractor’s obligations.
For the purpose of determining whether the Work is acceptable (as opposed to the Contractor's quality control activities for which the Contractor is solely responsible) tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be performed at appropriate times. The Contractor shall be responsible for coordinating and scheduling all permitting agencies’ tests and inspections described GP-50. The Owner or OAR may make arrangements for any tests, examinations and inspections with such testing laboratories or entities and, except as provided in the GPs’. The Owner shall bear the costs of such tests, examinations and inspections that the Owner so arranges. The Contractor shall give the OAR timely notice of when each portion of the Work shall be ready and available for tests, examinations and inspections. All materials and each part or detail of the Work shall be subject to inspection by the OAR. The OAR shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor, at no additional cost, as is required to make a complete and detailed inspection. If requested at any time by the Owner or OAR, the Contractor shall furnish satisfactory evidence as to the kind and quality of material and equipment provided in the Work.
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 OAR failed to inspect after having been given reasonable notice in writing that the Work was to be performed.
Should the Work include relocation, adjustment, or any other modification to existing facilities, not the property of the 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.
In the event the testing, examination and inspection, or approval procedure performed under the GPs’ reveal that the Work fails to meet the requirements of the Contract Documents, the Contractor shall bear all costs arising from the failure, including, but not limited to, the costs to correct the Work and the costs of tests, examinations, inspections and services performed by the OAR, Designer and Owner in connection with such tests, examinations, inspections, or approval procedures necessary to establish that the Contractor's work conforms with the requirements of the Contract Documents.
Tests, inspections or approval procedures conducted pursuant to the Contract Documents shall be performed to avoid unreasonable delay in the Work.
The Contractor shall give the OAR timely notice of when each portion of the Work shall be ready and available for tests, examinations and inspections. The Contractor shall be responsible for inspection or examination of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. The Contractor shall keep full detailed written records of all inspection or examination efforts. These written records shall include dates, subject matter, persons present, results of inspections or examinations and shall be made available to the OAR or Owner, if requested.
Whenever the OAR considers it necessary or advisable, the OAR may require additional inspection, examination or testing of the Work, regardless of the stage of completion or delivery of the Work. However, neither this authority of the OAR nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the OAR to the Contractor, Subcontractors, material and equipment Suppliers, their agents or employees or other persons performing portions of the Work.
The OAR may make arrangements for any additional tests, examinations and inspections. The Owner shall bear the costs of such additional tests, examinations and inspections that the OAR so arranges provided, however, in the event the additional testing, examination and inspection, or approval procedure performed reveal that the Work fails to meet the requirements of the Contract, the Contractor shall bear all costs arising from the failure, including, but not limited to, the costs of tests, examinations, inspections and services performed by the OAR, Designer and Owner in connection with such tests, examinations, inspections, or approval procedures deemed necessary by the OAR.
All tests, inspections or approval procedures shall be performed to avoid unreasonable delay in the Work.
If the RPR OAR requests it, the Contractor, at any time before acceptance of the Work, shall remove or uncover such portions of the finished Work as may be directed. After examination, the Contractor shall restore said portions of the Work to the standard required by the specifications. Should the Work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the Work so exposed or examined 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.
Provide advance written notice to the OAR RPR of work the Contractor plans to perform each week and each day. Any Work done or materials used without written notice and allowing opportunity for inspection by the RPROAR may be ordered removed and replaced at the Contractor’s expense.
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.
50-1015 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK.
All work that does not conform to the requirements of the Ccontract, Pplans and Sspecifications will be considered unacceptable, unless otherwise determined acceptable by the RPR OAR as provided in paragraph 50-024, CONFORMITY WITH PLANS AND SPECIFICATIONS.
The Owner or OAR is authorized to reject Work which does not conform to the Contract. 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 Section 70, paragraph 70-14, CONTRACTOR’S RESPONSIBILITY FOR WORK.
No removal work made under provision of this subsection shall be done without lines and grades having been established by the RPR Designer. Work done contrary to the instructions of the RPR OAR, work done beyond the lines shown on the plans or as established by the RPR, OAR, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense.
Upon failure on the part of the Contractor to comply with any order of the RPR OAR made under the provisions of this subsection, the RPR OAR will have authority to cause unacceptable work to be remedied or removed and replaced; and unauthorized work to be removed and to recover the resulting costs as a liquidated damage will be assessed against the Contractor.
50-16 CORRECTION OF WORK.
The Contractor shall promptly correct Work rejected by the OAR, Owner or any governmental authority that fails to conform to the requirements of the Contract, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including additional testing and inspections and compensation for the OAR's and Designer’s services and expenses incurred by the Owner.
If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties or by terms of an applicable special warranty required by the Contract Documents, any of the work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall, at its cost, correct it promptly after receipt of written notice from the Owner or OAR to do so unless the Owner has previously given the Contractor a written acceptance of that specific condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the Final Completion of the Work. The obligations under this paragraph shall survive acceptance of the Work under the Contract and termination of the Contract. Even after the expiration of the one-year period, the Contractor shall cooperate with the Owner to resolve any issues that may arise with product warranties provided under this Contract.
The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract and are neither corrected by the Contractor nor accepted by the Owner.
If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from the OAR, the Owner may correct or remove such nonconforming Work and all costs for such corrections or removals shall be assessed against the Contractor.
The Contractor shall bear the cost of correcting destroyed or damaged Work, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's performing correction or removal of Work which is not in accordance with the requirements of the Contract.
Nothing contained in this subsection shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract. Establishment of the time period of one year as described above relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability and damages with respect to the Contractor's obligations other than specifically to correct the Work. Nor shall anything contained in this subsection be construed to limit any other remedies available to the Owner under the Contract or Florida law.
50-17 ACCEPTANCE OF NONCONFORMING WORK.
If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Price will be reduced in an equitable manner through a Contract Modification as determined by the OAR whether or not final payment has been made.
50-18 OWNER'S RIGHT TO STOP THE WORK.
If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents or fails to carry out orders given, fails to carry out Work in accordance with the Contract Documents, or fails to perform any or all provisions of the Contract within seven (7) days from the date of the OAR’s written notice to the Contractor describing such failure, the Owner may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. This right shall be in addition to, and not in restriction of, the Owner's other rights arising from the Contract Documents or law.
The Contractor shall not be entitled to receive any increase in the Contract Time or the Total Contract Price for work stopped or suspended by the Owner under GP-50 or for suspensions under GP-50 which are either: (1) made at the request of the Contractor for its own convenience; (2) attributable to circumstances caused by the Contractor or those for which the Contractor is responsible; (3) attributable to circumstances which reasonably could have been anticipated or avoided by the Contractor; (4) attributable to inclement weather conditions usually experienced at the project site during the relevant time period (as defined in GP- 40 attributable to circumstances otherwise anticipated in the Contract Documents.
50-19 OWNER'S RIGHT TO CARRY OUT THE WORK.
If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, commence and continue to carry out the Work or any portion thereof. In such case, an appropriate Change Order or Construction Change Directive shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the OAR's and Designer's additional services and for all other expenses made necessary by such default, neglect or failure and all damages, costs, expenses or losses caused by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts owed to the Owner, the Contractor shall pay the difference to the Owner within thirty days after receiving a demand for payment pursuant to a Contract Modification. The right of the Owner to carry out the Work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity.
The Owner may carry out the Work, in whole or in part, for such period of time as it may deem necessary in its sole discretion, due to abnormal inclement weather, or any other circumstances which, in the Owner's discretion, requires the Owner to immediately commence additional, substitute, or corrective Work. The Owner shall endeavor to give reasonably prompt notice under the circumstances (whether written or oral) to the Contractor of its intention to carry out the Work except in cases of emergencies, in which case reasonably prompt notice under the circumstances after the fact is permitted. If the Work performed under this Section arises out of or relates to default, neglect, errors, or other causes attributable to Contractor, then an appropriate Contract Modification shall be issued deducting from payment then or thereafter due to the Contractor the cost of such Work, including compensation for the OAR's and Designer's additional services and for all other expenses made necessary by the Contractor’s default, neglect or failure, and all damages, costs, expenses or losses caused by the Contractor’s default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts owed to the Owner, the Contractor shall pay the difference to the Owner within thirty (30) days after receiving a demand for payment pursuant to a Contract Modification. The right of the Owner to carry out the Work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity.
50-1120 LOAD RESTRICTIONS.
The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage 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, at their own expense, shall be responsible for the repair to equal or better than preconstruction conditions of any damage caused by the Contractor’s equipment and personnel.
50-1221 MAINTENANCE DURING CONSTRUCTION.
The Contractor shall maintain the Wwork during construction and until the Wwork is accepted. Maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the Wwork 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 Work is accepted shall be included in the unit prices bid on the various Ccontract items, and the Contractor will not be paid an additional amount for such work.
50-1322 FAILURE TO MAINTAIN THE WORK.
Should the Contractor at any time fail to maintain the work as provided in paragraph 50-22, MAINTENANCE DURING CONSTRUCTION, the RPR OAR 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 RPR’s OAR’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 assessed recovered as a liquidated damage against the Contractor.
50-1423 PARTIAL ACCEPTANCE.
If at any time during the execution of the Project the Contractor substantially completes a usable unit or portion of the Work, the occupancy of which will benefit the Owner, the Contractor may request the Owner to make final inspection of that unit. If the Owner finds upon inspection that the unit has been satisfactorily completed in compliance with the cContract, the Owner may accept it as being complete, 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.
The Owner may occupy or use any completed or partially completed portion of the Work at any stage and, if the Owner chooses such partial occupancy, the Contractor and Owner shall designate by an agreement the conditions of such partial occupancy, provided such occupancy or use is consented to by the Owner's insurer as required under GP-70 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is Substantially Complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, operations, cleaning and housekeeping, heating and cooling, utilities, damage to the Work, and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents.
Immediately prior to such partial occupancy or use, the Owner, OAR, Contractor and DCC shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. Partial occupancy or use of a portion or portions of the Work shall not constitute Substantial Completion. Even if a POUA is reached, the parties shall still comply with the requirements for Substantial Completion under the Contract Documents for that portion of the Work. Consent of the Contractor to partial occupancy or use by the Owner shall not be unreasonably withheld.
50-24 SUBSTANTIAL COMPLETION
The Substantial Completion date is the point at which, as certified in writing by the Contractor and agreed to by the Owner, the Work is at the level of completion and in conformance with the requirements of the Contract Documents, where:
When the Contractor considers that the Work or designated portion thereof is Substantially Complete and all three prerequisites listed in the above paragraph are anticipated by the date of Substantial Completion, the Contractor shall prepare and submit to the OAR a comprehensive list of items to be completed or corrected and the schedule to complete each item, in the format required by the Owner. The list shall be transmitted to the OAR a minimum of 15 business days prior to Contractor’s anticipated date of achieving Substantial Completion. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on the list does not alter the responsibility of the Contractor to complete all Work in accordance with the requirements of the Contract Documents.
Upon notice to the OAR by the Contractor that its list has been completed and the Work is ready for the Substantial Completion Inspection, the OAR will conduct a preliminary inspection to determine whether the Work or designated portion thereof is Substantially Complete. If the OAR’s preliminary inspection discloses that Substantial Completion has not been achieved, the OAR will inform the Contractor of the outstanding issues. If the OAR determines that the Work is ready for Substantial Completion inspection, the OAR will schedule the Substantial Completion Inspection with the Contractor, DCC and Owner Departments with a minimum of 10 business days notice of the inspection date and time, and will notify the Contractor of any item that is not in accordance with the requirements of the Contract Documents, whether or not included on the Contractor’s list, and the Contractor shall add the items to its list. The Contractor shall proceed to complete or correct every item on the revised list and request re-inspection from the OAR.
When the Work or designated portion thereof is Substantially Complete, the OAR shall prepare a Certificate of Substantial Completion (Construction Administration Form 007), obtain signatures of the Contractor, OAR, Designer (as applicable) and Owner. Upon the signature of the Owner’s Vice President of Construction, or higher position as indicated on the form, the Certificate establishes the date of Substantial Completion, the responsibilities of the Owner and Contractor for security, maintenance, operations, cleaning and housekeeping, heating and cooling, utilities, protection of the Work, and insurance, and establishes the time within which the Contractor shall finish all items on the Substantial Completion List (Form 008). Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Contract Documents.
The OAR, Owner and others, during and after the Substantial Completion Inspection, will develop the Owner’s Substantial Completion List of all remaining Work to be completed or corrected. The OAR shall combine the items from all parties into one Substantial Completion List, include an estimate of the cost of completion of the Substantial Completion List, and distribute the list to the Contractor within 30 days of the Substantial Completion date or other such time as may be set forth in Florida Statutes Section 218.735, that is in effect on the effective date of the contract, whichever is least stringent. Failure to include an item on the Substantial Completion list does not alter the responsibility of the Contractor to complete all Work in accordance with the requirements of the Contract Documents. All items on the Substantial Completion list must be completed prior to the date of Final Completion. Further, if items not compliant with the Contract Documents are discovered after the initial delivery of the Substantial Completion punch list to the Contractor, the OAR shall add these items to the punch list and Contractor shall complete all such items prior to Final Completion.
50-1525 FINAL ACCEPTANCE.
Upon due notice from the Contractor of presumptive completion of the entire project and upon receipt of a final application for payment, the PRP Designer, OAR and Owner will make an inspection. Final completion shall be achieved by the Contractor within the timeframe set forth in GP-20, unless otherwise required in the Contract. If all construction provided for and contemplated by the Contract is found to be complete in accordance with the Contract, plans, and specifications, and all close-out documentation has been delivered to the OAR, such inspection shall constitute the final inspection. The RPR OAR shall notify the Contractor in writing of final acceptance as of the date of the final inspection and the OAR shall execute a final Certification for Payment in the form acceptable to the Owner.
If, however, the inspection discloses any Work, in whole or in part, as being unsatisfactory, the RPR OAR will notify the Contractor and the Contractor shall correct the unsatisfactory work. 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 RPR OAR will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection.
Refer to GP-90-13, Acceptance and Final Payment for additional requirements for final acceptance.
50-1626 CLAIMS FOR ADJUSTMENT AND DISPUTES. See GP 50-27
If for any reason the Contractor deems that additional compensation is due for Work or materials not clearly provided for in the Contract, Plans, or Specifications or previously authorized as extra work, the Contractor shall notify the RPR OAR in writing of its intention to claim such additional compensation before it begins the work on which it bases the Claim. If such notification is not given or the RPR OAR 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 RPR OAR has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the Claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within l0 calendar days, submit a written claim to the RPR 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 Value Engineering Cost Proposal.
50-27 PROCEDURES FOR SUBMITTING CLAIMS AND DISPUTES
1. CLAIMS AND DISPUTES
1. Time Limits and Claim Substantiation. A claim for a change in the Work must first be timely submitted as a proper RCO in accordance with Section 40-04 and denied in writing more than once for lack of entitlement or denied more than three (3) times for insufficient documentation and substantiation by the OAR or Owner before the Contractor can submit a Claim under this Section GP 50-27. The Section 40-04 process is a strict condition precedent to submission of a Claim for a change in the Work. For such Claims, the Contractor shall submit written notice of the Claim within seven(7) days after the denial of the RCO as described in this provision. For other Claims not required to be initiated by an RCO, the Contractor shall submit written notice of the Claim within seven (7) days after the event giving rise to such Claim or within seven (7) days after the Contractor first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated by written notice and must contain a thorough description of the basis of the Claim with a copy to the Owner and the OAR. Daily reports, Applications for Payments, Requests for Information, and other administrative documents do not constitute written notice of a Claim.
2. The Contractor shall substantiate and quantify any Claim for denial of an RCO within thirty (30) days of the date the RCO was denied and all other Claims within thirty (30) days of the initial written notice. The Contractor shall substantiate and quantify the Claim by an itemized, detailed cost breakdown sufficient to analyze the cost and time impact of the Claim, stating applicable cost and time impacts in accordance with the requirements for substantiating a request for a change in the Work set forth in GP-40.
3. Failure to comply with the time requirements for providing written notice and substantiation of Claims shall result in a waiver of the applicable Claim. Under no circumstances shall the Contractor be entitled to any indirect, incidental, special, or consequential damages in any proceeding arising out of or relating to this Contract or the breach thereof.
4. Continuing Contract Performance. Pending final resolution of a Claim, including, but not limited to during the process set forth in Paragraphs 1.4 and 1.5, the Contractor shall proceed diligently with performance of the Work. Neither the Owner’s payment on an Application for Payment pending final resolution of a Claim nor the Owner’s agreement to relief in connection with a Claim, RCO, or otherwise shall be deemed to expressly, impliedly, by course of conduct or otherwise, waive the requirements for notice and substantiation of Claims.
5. By making final payment, the Owner does not waive any of its rights in law or under the Contract arising from: (a) liens, claims, security interests or encumbrances arising out of the Contract and unknown or unsettled at the time final payment is made; (b) latent defects; (c) failure of the Work to comply with the Contract Documents; (d) terms of special warranties required by the Contract Documents; or (e) any claim for overpayment, including, but not limited to, those resulting directly or indirectly from any erroneous measurement, estimate or quantity.
6. Injury or Damage to Person or Property. If Contractor suffers injury or damage to person or property because of an act or omission of the Owner, of Owner’s employees or agents, or of others for whose acts the Owner is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the Owner in accordance with this Contract no later than fourteen (14) days after first observance. The notice shall provide sufficient detail to enable the Owner to investigate the matter
2. CERTIFICATION OF SUBCONTRACTOR CLAIM
For any Claim made by the Contractor against the Owner, the basis of which includes a claim by a Subcontractor, or any other person or entity under the Contractor's control, for acts or omissions allegedly attributable to the Owner, the Contractor must certify by affidavit that it has carefully examined each Subcontractor's claim and has verified the truth and accuracy of each claim. Such certification under oath must be made by the Contractor prior to the submission of any Subcontractor claim to the Owner and shall constitute an express condition precedent to the Contractor having a cause of action against the Owner that includes a Subcontractor’s claim. A copy of such certification shall be provided to the Owner contemporaneous with the submission of any Subcontractor claim to the Owner. The Owner will not consider any Claim that has not been properly certified by the Contractor nor is the Contractor entitled to relief by the Owner unless the certification contemplated by this Section has been properly furnished to the Owner.
3. MEETING OF THE PRINCIPALS AND PRE-SUIT MEDIATION
All Claims, disputes, or other matters in question arising out of or relating to the Contract shall first be presented at meeting of the principals (“Meeting of the Principals”) in an attempt to resolve the disputes. Either party may demand a meeting of the principals by written notice including the fully documented and substantiated Claim and after the parties have completed a good faith attempt to settle the dispute through the assigned Project management personnel. Thereafter, upon written demand for a Meeting of the Principals, the parties shall schedule the meeting within ten (10) business days after the written demand to meet is delivered. If the parties have not settled the dispute within ten (10) days after the Meeting of the Principals takes place, either party may send written notice of their intent to mediate the dispute. The parties shall engage a mutually acceptable mediator who is a Florida certified mediator experienced in resolving construction disputes. Mediation shall take place in Orange County, Florida, and it must occur before a lawsuit may be filed. If the Contract includes a Dispute Review Board (DRB), the DRB may proceed concurrently with the Meeting of Principals. Mediation shall not occur until the conclusion of the DRB proceedings. Discovery prior to the scheduled mediation shall be limited to one (1) request for production of documents and two (2) depositions per party not exceeding 8 hours total time per deposition. Each party shall equally bear the costs of mediation and shall be solely responsible for its own attorneys’ fees and other legal costs prior to and during the mediation process. In the event the case does not settle at mediation, the parties may re-depose either or both witnesses on non-repetitive matters
4. RESOLUTION OF DISPUTES
50-28 MULTIPLE CONTRACTS WITH CONTRACTOR SETOFF.
The Owner and Contractor may enter into more than one contract for the performance of labor or the provision of materials, equipment or supplies. The Owner shall be entitled to setoff any claims against the Contractor which it may have pursuant to the terms of the Contract against any sums due or claimed to be due to the Contractor from the Owner under any other contract or agreement between the Owner and Contractor.
50-29 OWNER'S AUDIT RIGHTS.
The Contractor's records, including both electronic and traditional paper files, shall be open to inspection and subject to audit or reproduction by the Owner or its authorized representative to the extent necessary to adequately permit examination, evaluation and verification of the Cost of the Work, and any invoices, Change Orders, Construction Change Directives, Field Change Orders, Force Account payments or Claims submitted by the Contractor or any of its Subcontractors or Suppliers pursuant to the execution of the Contract. The Contractor’s records include but are not limited to the following: accounting records (including monthly job cost detail, detailed job cost history, monthly labor distribution detail, total job labor distribution, daily foreman reports, daily superintendent reports, detailed subcontract status reports, executed subcontracts, subcontract change orders and all documentation supporting all job costs, such as subcontractor payment applications, vendor invoices, internal cost charges), written policies and procedures, time sheets, payroll registers, payroll records, cancelled payroll checks, subcontract files (including proposals of successful and unsuccessful bidders, bid recaps and negotiation notes), original estimates, estimating work sheets, correspondence, change order files (including documentation covering negotiated settlements), backcharge logs and supporting documentation, the general ledger for the project along with all supporting data, information detailing cash and trade discounts and rebates earned, , documents described in GP-40 and any other data or evidence deemed necessary by the Owner or that may have a bearing on matters of interest to the Owner (all foregoing hereinafter referred to as "Contractor’s Records"). The Contractor’s records described above shall be maintained and made available to the Owner or its authorized representative for not less than ten (10) years after date of final payment or longer if required by law. Owner or its authorized representative may (without limitation) conduct verifications such as counting employees on the Project witnessing the distribution of payroll, verifying information and amounts through interviews and written confirmations with Contractor employees, field and agency labor, Subcontractors, and vendors.
Audits may require inspection, scanning and copying from time to time and at reasonable times and places of any and all information, materials and data of every kind and character, including without limitation, the Contractor’s Records listed in the preceding paragraph, books, papers, documents, subscriptions, recordings, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, superintendent reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may in the Owner's judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Contract Document. Such Contractor’s Records subject to audit shall also include, but not be limited to, those Contractor’s Records necessary to evaluate and verify direct and indirect costs (including overhead allocations), as they may apply to costs associated with this Contract.
The Owner or its authorized representative shall be afforded access to all of the Contractor's Records, and shall be allowed to interview any and all of the Contractor's current or former employees, pursuant to the provisions of this article throughout the term of this Contract and for a period of ten years after final payment.
The Contractor shall require all Subcontractors and Suppliers to comply with the provisions of this article by insertion of the requirements hereof in a written contract agreement between the Contractor and its Subcontractors and Suppliers. Such requirements will also apply to Sub-subcontractors and Subcontractors’ Suppliers. The Contractor will cooperate fully and will cause all of the Contractor's Subcontractors (including those entering into lump sum Subcontracts) to cooperate fully in furnishing or in making available to Owner from time to time whenever requested in an expeditious manner any and all such information, materials and data.
The Owner, OAR and Designer or their authorized representative shall have access to the Contractor's facilities, shall have access to all necessary Contractors’ Records, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with this article.
If an audit inspection or examination in accordance with this article, discloses overcharges (of any nature) by the Contractor to the Owner in excess of one percent (1%) of the total contract billings, the actual cost of the Owner's audit shall be reimbursed to the Owner by the Contractor. Any adjustments or payments which must be made as a result of any such audit or inspection of the Contractor's Records shall be made within a reasonable amount of time (not to exceed 90 days) from presentation of the Owner's finding to the Contractor. Any overpayments to the Contractor by the Owner shall include the legal rate of interest, from the date such additional amounts were overpaid by the Owner.
END OF SECTION 50
In accordance with the Aviation Authority's Policy 450.02, when a tie occurs, the following will be considered in an attempt to break the tie, in the order listed below:
60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS.
The materials used on the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed).
In order to expedite the inspection and testing of materials, the Contractor shall furnish documentation to the RPR OAR as to the origin, composition, and manufacture of all materials to be used in the Work. Documentation shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials.
At the RPR’s OAR’s option, materials may be approved at the source of supply before delivery. 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.
When applicable, the Contractor shall furnish airport lighting equipment that meets the requirements of the specifications; and is listed in AC 150/5345-53, AIRPORT LIGHTING EQUIPMENT CERTIFICATION PROGRAM ANDADDENDUM, that is in effect on the date of Advertisement.
60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS.
All materials used in the work shall be inspected, tested, and approved by the RPR OAR before incorporation in the work unless otherwise designated. Any work in which untested materials are used without approval or written permission of the RPR OAR 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 RPR, OAR, shall be removed at the Contractor’s expense.
Unless otherwise designated, quality assurance tests will be made by the OAR and at the expense of the Owner in accordance with the cited standard methods of ASTM, American Association of State Highway and Transportation Officials (AASHTO), federal specifications, Commercial Item Descriptions, and all other cited methods, which are current on the date of Advertisement for Bids.
The testing organizations performing on-site quality assurance field tests shall have copies of all referenced standards on the construction site for use by all technicians and other personnel. Unless otherwise designated, samples for quality assurance will be taken by a qualified representative of the RPR OAR. 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 their request after review and approval of the RPR OAR.
A copy of all Contractor QC test data shall be provided to the OAR 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 OAR showing all test data reports, plus an analysis of all results showing ranges, averages, and corrective action taken on all failing tests.
All test data from the Contractor shall be furnished in the Close-out Manuals, paper format and electronic format on an optical disk.
60-03 CERTIFICATION OF COMPLIANCE/ANALYSIS (COC/COA).
The RPR OAR may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer’s COC 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. The COA is the manufacturer’s COC and includes all applicable test results.
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 RPR OAR.
When a material or assembly is specified by “brand name or equal” and the Contractor elects to furnish the specified “or equal,” 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:
The RPR Designer shall be the sole judge as to whether the proposed “or equal” is suitable for use in the work.
The RPR Owner reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance.
60-04 PLANT INSPECTION.
The RPR OAR or their 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 acceptance of the material or assembly.
Should the RPR OAR conduct plant inspections, the following conditions shall exist:
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 OAR shall have the right to reject only material which, when retested, does not meet the requirements of the Contract, plans, or specifications.
60-05 OWNER’S AUTHORIZED REPRESENTATIVE (OAR) Engineer/Resident Project Representative FIELD OFFICE.
When required by the Contract, the Contractor shall provide dedicated space for the use of the engineer, OAR, and inspectors, as a field office for the duration of the project. This space shall be located conveniently near the construction and shall be separate from any space used by the Contractor. The Contractor shall furnish water, sanitary facilities, heat, air conditioning, and electricity.
60-06 STORAGE OF MATERIALS.
Materials shall be so stored as to assure the preservation of their quality and fitness for the wWork. Stored materials, even though approved before storage, may again be inspected prior to their use in the wWork. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the RPR OAR. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans, and/or CSPP, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the RPR OAR. Private property shall not be used for storage purposes without written permission of the oOwner 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 RPR OAR 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 their Contractor’s expense, except as otherwise agreed to (in writing) by the Owner or lessee of the property.
The Contractor shall be responsible for all loss or damage to the Contractor’s equipment and tools on the job site including, but not limited to, loss or damage from theft, malicious mischief or vandalism. The Contractor shall be responsible for all loss or damage of stored materials or equipment located on the Owner’s property until the Work reaches Final Completion, including but not limited to all loss or damage arising from theft, malicious mischief or vandalism.
At the Owner’s sole discretion, payment may be made for the cost of materials and equipment delivered and suitably stored at a location approved by Owner, in its sole discretion, for subsequent incorporation in the Work. . Payment for stored materials will be limited to the actual cost of the equipment or material as documented by invoices, excluding all other costs such as shipping, handling, and storage. In order for stored material to qualify for early payment hereunder, the value of the materials must exceed $10,000 and the stored materials must not be scheduled to be incorporated into the Work within sixty (60) days, unless otherwise allowed by Owner. Payment for such stored items shall not relieve the Contractor of its obligations to furnish and install the items in accordance with the Contract Documents and to adequately protect, insure, secure, and maintain such stored items until the Work reaches Final Completion. Payment for such stored items shall be conditioned upon the following information and documentation being obtained by Contractor and provided to Owner:
Contractor agrees to separately mark and identify the stored materials with the Project name and name of the Contractor. All such stored materials shall be made available for Owner’s periodic inspections. Contractor shall be responsible for all loss or damage to such stored materials until the Work reaches Final Completion, including but not limited to all loss or damage arising from theft, malicious mischief or vandalism. Contractor assumes all risk of transit with respectto such stored materials.
If so requested by the Owner, the Contractor shall submit, within 30 days after the date of commencement of the Work and thereafter as the Owner requires, material delivery schedules for each category or subcontract for which application for payment for stored materials will be made, which schedules shall include items, quantities, value or unit prices with extensions and the month in which Application for Payment with respect thereto is expected to occur. Schedules shall be updated on a monthly basis and submitted as an attachment to the Contractor’s Application for Payment. The Owner has no obligation to pay the Contractor if the updated monthly schedule is not provided.
The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment on such Application for Payment by the Owner to the Contractor, and that the Contractor shall retain all obligations under this Contract related to the Work, including but not limited to responsibility to adequately insure, maintain, secure and protect all Work and all materials and equipment related to the Work until the Work reaches Final Completion, including, but not limited to, adequately insuring, securing and protecting all such Work and materials and equipment related to the Work from weather damage. The Contractor further warrants that upon submission of an Application for Payment, all Work for which Certifications for Payment have been previously executed or all Work for which payments have been received from the Owner shall be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material Suppliers, or other persons or entities making a claim by reason of having provided labor, materials, and equipment relating to the Work.
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 RPR OAR.
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 RPR OAR 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, if any, to be furnished by the Owner. Owner-furnished materials shall be made available to the Contractor at the location specified.
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 Contractor’s handling, storage, or use of such Owner-furnished material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the Contractor’s handling, storage, or use of Owner-furnished materials.
END OF SECTION 60
Any Respondent who is adversely affected by a decision or intended decision concerning this competitive solicitation or award and who wants to appeal such specifications, decision, or intended decision shall file an appeal within five (5) business days of the date of any decision or intended decision in compliance with the Aviation Authority’s Policy 110.04, Appeal Process. Failure to file an appeal in accordance with the Aviation Authority’s Policy 110.04, shall constitute a waiver of the appeal process.
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. The Contractor 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 their 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 the Contractor or the Contractor’s employees.
70-02 FAA REQUIRED PROVISIONS.
70-023 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 execution of the work.
70-034 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, the Contractor shall provide for such use by suitable legal agreement with the Patentee or Owner. The Contractor and the surety shall defend against any lawsuits or claims made against the Owner and shall indemnify and hold 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 execution or after the completion of the Work.
70-045 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 shall be as indicated as follows: on the Project Plans or described in the Contract Documents.
Except as listed above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the Work without the written permission of the RPR OAR.
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 RPR OAR, 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.
70-056 FEDERAL PARTICIPATION.
The United States Government has agreed to reimburse the Owner for some portion of the Contract costs. The Contract Work is subject to the inspection and approval of duly authorized representatives of the FAA Administrator. No requirement of this Contract shall be construed as making the United States a party to the Contract nor will any such requirement interfere, in any way, with the rights of either party to the Contract
70-067 SANITARY, HEALTH, AND SAFETY PROVISIONS.
The Contractor’s worksite and facilities shall comply with applicable federal, state, and local requirements for health, safety and sanitary provisions.
70-078 PUBLIC CONVENIENCE AND SAFETY.
The Contractor shall control their operations and those of their 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 their own operations and those of their own subcontractors and all suppliers in accordance with Section 40, paragraph 40-07, MAINTENANCE OF TRAFFIC, and shall limit such operations for the convenience and safety of the traveling public as specified in Section 80, paragraph 80-05, LIMITATION OF OPERATIONS.
The Contractor shall remove or control debris and rubbish resulting from its work operations at frequent intervals, and upon the order of the RPR OAR If the RPR OAR determines the existence of Contractor debris in the work site represents a hazard to airport operations and the Contractor is unable to respond in a prompt and reasonable manner, the RPR OAR reserves the right to assign the task of debris removal to a third party and recover assess the resulting costs as a liquidated damage against the Contractor.
70-09 CONSTRUCTION SAFETY AND PHASING PLAN (CSPP).
The Contractor shall complete the Work in accordance with the approved Construction Safety and Phasing Plan (CSPP) developed in accordance with AC 150/5370-2, Operational Safety on Airports During Construction. The CSPP is on sheet(s) [ ] of the project plans.
70-0910 USE OF EXPLOSIVES.
USE OF EXPLOSIVES IS STRICTLY PROHIBITED
70-1011 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/RPR OAR 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 execution of the Work, resulting from any act, omission, neglect, or misconduct in manner or method of executing the Work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted.
When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the Work, or in consequence of the non- execution thereof by the Contractor, the Contractor shall restore, at their 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 the Contractor shall make good such damage or injury in an acceptable manner.
70-1112 INDEMNIFICATION RESPONSIBILITY FOR DAMAGE CLAIMS.The Contractor shall indemnify and hold harmless the Engineer/RPR and the Owner and their officers, agents, 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 their own contract considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due, their own surety may be held until such suits, actions, or claims for injuries or damages shall have been settled and suitable evidence to that effect furnished to the Owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he or she is adequately protected by public liability and property damage insurance.
To the fullest extent permitted by law, Contractor shall indemnify and hold completely harmless the Owner, City of Orlando, (including, without limitation, their officers, agents, employees and all members of the governing boards and the Citizen Advisory Committees of each), as well as the OAR, State of Florida, Department of Transportation, and the officers, agents, and employees of each of them (the “Indemnified Parties”) from and against any and all claims, suits, demands, judgments, losses, costs, fines and penalties (including any assessed by the FAA or TSA, and any required or recommended investigation and security training, incurred as a result of any violation of federal regulations, including the Airport Security Plan), damages, expenses, liabilities (including statutory liabilities under Workers Compensation laws) and reasonable expenses (including, but not limited to, fees for attorneys, expert witnesses, scene recreations, legal support expenses) (“Damages”), which may be incurred by or charged to Indemnified Parties, to the extent caused in whole or in part by any negligent act, omission, recklessness or intentional misconduct by the Contractor, any Subcontractor, or any of their officers, directors, partners, employees, agents, or suppliers, or anyone directly or indirectly employed by any of them or anyone for whose acts they may be liable, arising directly or indirectly from (i) the Work or Project or this Contract, (ii) work performed under warranty, or (iii) the failure of the Contractor to keep, observe or perform its responsibilities and obligations contained in or arising from this Contract.
This indemnification obligation shall apply and not be limited by any limitation on the amount or type of compensation or benefits under worker’s compensation laws, disability benefits, or other employee benefits. The obligations of this paragraph shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist under law or this Contract. Nothing in this Contract shall be deemed a waiver by Owner of its sovereign immunity rights under the laws of the State of Florida, other than those specifically waived by virtue of this Contract.
The indemnification obligations of this Contract shall not be limited or reduced by Liquidated Damages that may be assessed against the Contractor.
If the above indemnity provisions are deemed void in whole or in part under Florida law, then the following indemnification obligations shall apply to the extent such provisions are deemed void: Contractor shall indemnify and hold harmless the Owner, the State of Florida Department of Transportation, its officers and employees, from liabilities, damages, losses and costs, including but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of the Contract.
The indemnification provisions shall survive the expiration or termination of this Contract. The Owner’s right to indemnification is in addition to and not in lieu of any other right, obligation, or remedy under the Contract or applicable law, including, without limitation, the Owner’s ability to assess Backcharges and Liquidated Damages. The Owner may seek indemnification at any time .
70-1213 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 lawsuit pursuant to the terms or provisions of the Contract.
70-1314 OPENING SECTIONS OF THE WORK TO TRAFFIC.
If it is necessary for the Contractor to complete portions of the Ccontract Wwork for the beneficial occupancy of the Owner prior to completion of the entire Ccontract, such "phasing'' of the work shall be specified below and indicated on the approved Construction Safety and Phasing Plan (CSPP) and the project plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified.
[Phase or Description]
[Required Date or Sequence of Owner's Beneficial Occupancy] [Work Shown on Plan Sheet]
Upon completion of any portion of work listed above, such portion shall be accepted by the Owner in accordance with Section 50, paragraph 50-23, PARTIAL ACCEPTANCE.
No portion of the Work may be opened by the Contractor for public use until ordered by the Owner OAR 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 RPR OAR, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the Work and shall not constitute either acceptance of the portion of the Work so opened or a waiver of any provision of the Contract. Any damage to the portion of the Work so opened that is not attributable to traffic which is permitted by the Owner shall be repaired by the Contractor at their expense.
The Contractor shall make their 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.
The Contractor must conform to safety standards contained AC 150/5370-2 and the approved CSPP.
Contractor shall refer to the plans, specifications, and the approved CSPP to identify barricade requirements, temporary and/or permanent markings, airfield lighting, guidance signs and other safety requirements prior to opening up sections of work to traffic.
70-1415 CONTRACTOR'S RESPONSIBILITY FOR WORK.
Until the RPR’s OAR’s final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with Section 50, paragraph 50-24, PARTIAL ACCEPTANCE, 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 their own expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seeding, and sodding furnished under the contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury.
70-1516 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS.
The Contractor represents that it is familiar with the Project site and has received all information it needs concerning the conditions of the Project site. The Contractor represents that it has inspected the location of the Work and has satisfied itself as to the location and condition thereof, including, without limitation, the location and condition of all structures, utilities, and surface and subsurface conditions. At no additional cost to the Owner, the Contractor shall undertake all further investigations and studies as may be necessary or useful to determine the location and condition of structures, utilities, surface and subsurface conditions.
As provided in paragraph 70-04, RESTORATION OF SURFACES DISTURBED BY OTHERS, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the Owner to construct, reconstruct or maintain such utility services or facilities during the progress of the Work. In addition, the Contractor shall control their 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:
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 the 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 Ccontract, notify the Owners of all utility services or other facilities of their plan of operations. Such notification shall be in writing. addressed to “The Person to Contact” as provided in this paragraph and paragraph 70-04, Restoration of Surfaces Disturbed By Others. A copy of each notification shall be given to the RPR OAR.
In addition to the general written notification provided, it shall be the responsibility of the Contractor to keep such individual Owners advised of changes in their plan of operations that would affect such Owners.
Prior to beginning the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such Owner of their 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 RPR OAR.
The Contractor's failure to give the two days’ notice 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 hand excavation methods within 3 feet (1 m) 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, the Contractor shall immediately notify the proper authority and the RPR OAR 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 RPR OAR 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 their operations whether 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 their own surety.
70-15.117 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 execution of the project Work, shall comply with the following:
70-15.218 NAVAIDS AND OTHER SIGNALS.
There are installed on the Airport FAA NAVAIDs or Owner NAVAIDs and other electronic and visual signals (hereinafter collectively NAVAIDS) which may include but not be limited to, ASR, UHF, NDB and VHF Receivers and Transmitters, National Weather Service Facilities, lighting, electric cables and controls relating to such NAVAIDs and facilities and other electric power cables serving other facilities. Such NAVAIDs, National Weather Service and other facilities and electric cables must be fully protected during the entire construction time. Work under this Contract can be accomplished in the vicinity of these facilities and cables only at approved periods of time, which approval is subject to withdrawal at any time because of changes in the weather, emergency conditions on the existing airfield areas, anticipation of emergency condition and for any other reason as determined by the OAR acting under the orders and instructions of the Owner or the designated FAA representative. Any instructions to the Contractor to clear any given area, at any time by the OAR, the Airport Vice President of Operations or the Air Traffic Control Tower (by radio or other means) shall be immediately executed. Construction Work will be commenced in the cleared area only when additional instructions to this effect are issued. To the extent that they are known, the approximate locations of NAVAIDs, National Weather Service and other facilities have been indicated on the Contract Drawings. The Owner does not warrant or guaranty the accuracy or completeness of the location information relating to NAVAIDs, National Weather Service and other facilities appearing on the Contract Documents. Any inaccuracy or omission shall not relieve the Contractor of its responsibility to protect such existing facilities from damage or unscheduled interruption of service.
Power and control cables leading to and from any NAVAIDs, National Weather Service and other facilities will be marked in the field by the Contractor, before any work in its general vicinity is started. Thereafter, through the entire time of this construction, they shall be protected from any possible damage.
These special provisions intend to make perfectly clear the need for protection of FAA NAVAID's, National Weather Service and other facilities and cables by this Contractor at all times.
The Contractor shall immediately repair at its expense, with identical material by skilled workers, any underground cables serving FAA NAVAIDs, National Weather Service and other Airport facilities, which are damaged by its workers, equipment or Work. Prior approval of the FAA must be obtained for the materials, workers, time of day or night, method of repairs, or for any temporary or permanent repairs the Contractor proposes to make to any FAA NAVAIDs, National Weather Service facilities or other cables and controls serving such NAVAIDs and facilities which are damaged by the Contractor. Prior approval by the Owner must be obtained for the materials, workers, time of day or night, method of repairs for any temporary or permanent repairs the Contractor proposes to make to any of the airport facilities and cables damaged by the Contractor.
70-1619 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.
70-1720 PERSONAL LIABILITY OF PUBLIC OFFICIALS.
In carrying out any of the contract provisions or in exercising any power or authority granted by this contract, there shall be no liability upon the Engineer, RPR OAR, their 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.
70-1821 NO WAIVER OF LEGAL RIGHTS.
Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or stop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the Work, nor shall the Owner be precluded or stopped from recovering from the Contractor or their surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill their 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 negligence mistakes as may amount to fraud, or as regards the Owner’s rights under any warranty or guaranty.
By making the final payment, the Owner does not waive any of its rights in law or under the Contract arising from:
liens, claims, security interests or encumbrances arising out of the Contract and unknown or unsettled at the time final payment is made;
latent defects;
failure of the Work to comply with the requirements of the Contract Documents;
terms of special warranties required by the Contract; or
any claim for overpayment, including, but not limited to, those resulting directly or indirectly from any erroneous measurement, estimate or quantity.
70-1922 ENVIRONMENTAL PROTECTION.
The Contractor shall comply with all federal, state, and local laws and regulations controlling pollution of the environment. The Contractor shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, asphalts, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter.
70-2023 ARCHAEOLOGICAL AND HISTORICAL FINDINGS.
Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior.
Should the Contractor encounter, during their operations, any building, part of a building, structure, or object that is incongruous with its surroundings, the Contractor shall immediately cease operations in that location and notify the RPR OAR. The RPR OAR will immediately investigate the Contractor’s finding and the Owner will direct the Contractor to either resume 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 extra work, such shall be covered by an appropriate Contract Modification contract change order or supplemental agreement as provided in Section 40, paragraph 40-06, EXTRA WORK, and Section 90, paragraph 90-10, PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK. If appropriate, the Contract Modification contract change order or supplemental agreement shall include an extension of contract time in accordance with Section 80, paragraph 80-09, DETERMINATION AND EXTENSION OF CONTRACT TIME.
70-2124 PROTECTION OF PERSONS AND PROPERTY.
Safety Program
Protection Of Persons and Property
The Contractor shall erect and maintain, as required by existing conditions and the Contract Documents, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying the owners and users of adjacent sites and utilities of hazardous or dangerous conditions.
When use or storage of hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel and within federal, state & local regulations applicable to such hazardous materials.
The Contractor shall, at its sole cost and expense, promptly pay or, repair, or remedy all damage, injury, and loss to property referred to in Paragraphs 2 and 3 above caused in whole or in part by the Contractor, a Subcontractor or anyone directly or indirectly employed by any of them; by a defect in the Work or any element of the Work; or by anyone for whose acts they may be responsible for, to the extent the damage or loss is not attributable to acts or omissions of the Owner, OAR or Designer or anyone directly or indirectly acting on their behalf, or by anyone for whose acts any of them may be liable. The foregoing obligations of the Contractor are in addition to the Contractor's other obligations under this Contract. The Owner, at its option and in its sole discretion, may repair or remedy damages to property caused by the Contractor, or for which the Contract is otherwise responsible, and charge the Contractor all cost for such repair or remedy as a Backcharge.
The Contractor shall designate a responsible member of the Contractor's organization as the onsite safety representative whose duty shall be the safety of persons and property. This person shall be the Contractor's Superintendent unless otherwise designated by the Contractor in writing to the Owner and OAR. The Contractor shall notify the Owner and OAR immediately when a serious injury occurs on the Project and shall provide written notice of the injury on the same business day of the occurrence, if at all possible. The notice shall provide a description of the incident, including the location and time of the incident, the names of the people involved and the names of witnesses, if any. The Contractor shall cooperate with any investigation of the incident.
The Contractor shall not load (for example, by delivery of materials, structural or physical loads) or permit any part of the construction or site to be loaded so as to endanger the safety of the traveling public, the airlines, tenants, or other airport users, the Owner, OAR, Designer, Contractor or their agents, representatives or employees.
The Contractor shall protect adjoining private or municipal property and shall provide barricades, temporary fences, and covered walkways required to protect the safety of passers-by, as required by prudent construction practices, local building codes, ordinances or other laws, or the Contract Documents.
The Contractor shall take all reasonable precautions to protect and keep the Work, materials and equipment free from injury or damage from inclement weather conditions, such as but not limited to rain, wind, storms, frost or heat. If extreme adverse weather conditions arise, preventing the Contractor from continuing operations safely in spite of having implemented weather precautions, the Contractor shall coordinate approval from the Owner and the OAR for cessation of Work until deemed safe to resume operations. The Contractor shall not permit open fires on the Project site.
The Contractor shall, at its sole cost and expense, promptly repair any damage or disturbance to walls, utilities, sidewalks, curbs and the property of the Owner or any other person (including municipalities) resulting from the performance of the Work, whether by it or by its Subcontractors at any tier. The Contractor shall maintain streets and working roads, within the project site and areas which it or its subcontractors may use to access the project site, in good repair and in an acceptable and usable condition.
Hazardous Materials
In the event the Contractor encounters on the site material reasonably believed to be hazardous material, such as asbestos or polychlorinated biphenyl (PCB), the Contractor shall immediately stop work in the area affected and verbally report the condition to the Owner and OAR followed by notification in writing. The Contractor shall not resume Work in the affected area until written agreement between the Owner and Contractor, after the material has been determined by an independent laboratory or consultant to be not hazardous, or the Contractor has agreed to remove and or remediate the hazardous material, as applicable, in a Contract Modification.
The Contractor shall not be required to perform without its consent any Work relating to hazardous material.
Emergencies
In an emergency affecting the safety of persons or property, the Contractor shall act so as to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined in accordance with GP-40. In addition to any other right under the Contract, in an emergency affecting the safety of persons or property, the Owner may take any action that, in its sole discretion, it deems necessary to prevent threatened damage, injury, or loss.
70-2125 INSURANCE.
CONTRACTOR’S INSURANCE.
At its sole expense, Contractor shall maintain the following insurance and bonds throughout the term of this Contract, including any extensions or renewals, and such insurance requirements shall provide coverage for the Contractor, its subcontractors, representatives, and anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.
Contractor shall provide evidence of insurance reflecting compliance with the insurance requirements set forth below. Certificate(s) of Insurance shall be remitted using an ACORD form, or in a form acceptable to the Owner and submitted to the Owner's Contracts and Grants Manager prior to contract execution. Any deductible or self-insurance retention must be indicated on the Certificate of Insurance.
Owner may elect to utilize a third party for the collection and monitoring of Contractor’s insurance. Contractor shall respond to all correspondence from this third party in a timely manner.
Upon written request, Contractor shall provide or obligate its insurer to provide a copy of its insurance policies, including all forms and endorsements.
The minimum insurance requirements are as follows:
PROPERTY INSURANCE.
Unless otherwise addressed in the Contract Documents, the Owner shall, on behalf of itself, Contractor, and subcontractors, procure and maintain an “All Risk” property insurance policy, including builder’s risk coverage and equipment breakdown, resulting in damages or loss to real and personal property, including materials procured related to Work at the Project.
Coverage under the Owner’s property insurance program does not include any coverage for any equipment or tools of the Contractor, its Subcontractors or suppliers of any tier. Contractor agrees to inform its Subcontractors and suppliers that the Owner shall not be responsible for damages or loss (or theft) to tools and equipment while on Owner’s property, whether at the Project jobsite or otherwise.
Coverage under the Owner’s property insurance program does not include any coverage for the Contractor’s or its Subcontractors loss of income, business interruptions, extra expense or other time element loss, including, without limitation, any such loss arising from a covered claim.
Coverage under the Owner’s property insurance program does not include coverage for any materials stored off-site, including in transit, for which the Contractor or its Subcontractors or Suppliers has responsibility for care, custody and control. Contractor shall ensure it or any party with whom materials are in its care, custody and control, shall be responsible for the full replacement cost arising from any damages or loss (including theft). Any insurance on such stored materials or materials in transit shall be evidenced to Authority (or designated OAR) upon request.
Contractor shall be responsible for the first One Hundred Thousand Dollars ($100,000) deductible for each occurrence for any claim under Owner’s Property Insurance Program, for damages or loss (including theft, malicious mischief, or vandalism).
Property insurance coverage, including equipment breakdown, shall remain in effect from the commencement date of the Work and shall terminate at the earliest of the following dates: (i) as to the Work covered by the fully executed Partial Occupancy and Use Agreement (POUA), the effective date set forth in the POUA; (ii) upon any portion of Work permanently abandoned or terminated by Contractor prior to Substantial Completion; (iii) upon termination of this Contract by Owner; or (iv) upon date of Substantial Completion as certified in accordance with General Provisions 50-24.
Any damage or loss (including theft) to Owner’s property, including Work at Project site, materials, appurtenant property, arising from the actions, errors, omission or improper performance by Contractor or its Subcontractors of any tier shall not prohibit Owner from making a claim under the Property Insurance Program. Any claim covered by this Property insurance program shall not absolve Contractor or its subcontractors from any responsibility or liability of claim, damages, or loss. Owner or its insurer, on its behalf, does not waive any right to recover from Contractor, its Subcontractors, or each of its insurers for such damages or loss.
If Contractor requests in writing that this insurance extend to the Contractor and its subcontractors for portions noted above as not covered or for other special hazards not described herein; then Contractor agrees to reimburse Owner for premiums paid at current market rate for such increase in coverage and accepts responsibility for deductibles.
Owner shall notify Contractor in writing, prior to the Commencement of Work, if the Owner does not intend to provide property insurance. In that event, Contractor shall then procure such insurance as will protect the interests of the Owner, Contractor and Subcontractors, and by appropriate Change Order, shall be reimbursed for the actual cost of such insurance.
All proceeds paid by the Owner’s property insurance shall be payable to Owner, as fiduciary for the insureds, as their interest may appear. Any portion of such proceeds (less applicable deductible) allotted to insured(s), other than Owner, shall be paid to Contractor. Contractor shall be responsible for distribution of any proportion of proceeds in similar manner to its Subcontractors.
CONTRACTOR’S PROPERTY
Contractor shall maintain insurance or require a third party to maintain insurance coverage for any real or personal property used in conjunction with the Work and materials stored or in transit in preparation for the Work. Such coverage shall be on a replacement cost basis. Any failure to respond to Owner’s claim for recovery for damages or loss by repair or replacement, Contractor shall be deemed in breach in contract for which the Contractor shall be held liable. Contractor shall be responsible for first dollar of claim for damages, regardless of deductible, self-insured retention, failure to insure, or self-insurance by Contractor, Subcontractor, suppliers, or storage/warehouse provider.
REPORTING INCIDENTS THAT MAY GIVE RISE TO AN INSURANCE CLAIM
Contactor shall notify the Owner, within three business days, and document in detail any incident occurring during the performance of Work or arising directly or indirectly from the Project that may give rise to a claim by a third party against Owner, Contractor, and/or Subcontractors of any tier shall be documented in detail.
Contractor shall provide written notice, no less than quarterly, to Owner and OAR of any claims and incidents that may give rise to a claim. Contractor shall retain this documentation in accordance with General Provisions 50-29.
Contractor shall cooperate with Owner and its agents or representative, in the investigation and resolution of any incident that may give rise to a claim or actual claim made against Owner, Contractor or Subcontractor of any tier arising directly or indirectly from the Project. Any action taken by Contractor, Subcontractor, or its insurer to resolve, settle or release itself from a claim shall be coordinated with Owner and OAR. No release shall be executed without final approval from Owner, which shall not be unreasonably withheld.
Upon written request and at completion of the Work, Contractor agrees to provide a detailed claims history of incidents and claims arising directly or indirectly from the Project.
70-26 CONFIDENTIALITY.
The Contractor agrees, during the term of this Agreement and forever thereafter, not to knowingly divulge, furnish or make available to any third person, firm or organization, without the Owner’s prior written consent, or unless incident to the proper performance of the Contractor’s obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any information generated by the Contractor or received from the Owner, concerning the Work rendered by the Contractor or any subcontractor pursuant to this Agreement. Contractor shall provide Owner with immediate notice and provide an opportunity to defend or object to the production of such information if Contractor is served with a subpoena or other judicial or legislative process. The Owner’s intent is to protect security and proprietary information in accordance with State or Federal Regulations.
70-27 PUBLIC RECORDS.
When the Contractor receives any request to inspect or copy any records that relate to this Contract, it shall promptly provide the Owner with a copy of the request. The Owner will respond to each such request on behalf of itself and the Contractor and the Contractor agrees to fully cooperate with the Owner with regard to all records requests and comply with all decisions made by the Owner regarding the production/disclosure. The Contractor shall:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE CONTRACTOR MUST CONTACT THE OWNER’S CUSTODIAN OF PUBLIC RECORDS, WHO CAN BE REACHED AT:
https://flymco.com/airport-business/public-records/ (407) 825-7105 (PHONE NUMBER); AND “GREATER ORLANDO AVIATION AUTHORITY, PUBLIC RECORDS” ONE JEFF FUQUA BOULEVARD, ORLANDO, FLORIDA 32827.
70-28 WHISTLE BLOWER REPORTING LINE.
The Owner is committed to the highest level of integrity in its operations and is fully committed to protecting the organization, its operations, and its assets against fraud, waste and abuse. The Owner has established a Whistle-Blower Reporting Line with a third-party service provider as a means to report suspected fraud, waste or abuse of Owner resources in connection with Owner operations. Should Contractor suspect any fraud, waste or abuse in connection with any Work under this Contract, including any work of its subcontractors or laborers, it shall promptly report such activity by calling 1-877-370-6354, through email to GOAA@integritycounts.ca or through the online reporting form at www.integritycounts.ca/org/GOAA. The Contractor shall include this reporting requirement in all subcontracts and vendor agreements. The Contractor is further encouraged to report any suspected fraud, waste or abuse it suspects in connection with any other airport operation or project.
70-29 E-VERIFY.
Effective January 1, 2021, the Contractor shall register with and utilize the U.S. Department of Homeland Security's Employment Eligibility Verification System (E-Verify), in accordance with the terms governing the use of the system, to verify the work authorization status of all newly hired employees, performing work in the United States. The Contractor shall include an express provision in all Subcontracts requiring the Subconsultants and Subcontractors to do the same and require all Subconsultants and Subcontractors to provide the Contractor with an affidavit stating that the Subconsultant/Subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor must retain all such affidavits for the duration of the Contract. In accordance with Florida Statutes §448.095, the Owner shall terminate this Contract if Owner has a good faith belief that the Contractor knowingly employs an unauthorized alien or has otherwise violated Florida Statute §448.09(1). The Owner shall require the Contractor to terminate the contract of a Subconsultant/Subcontractor if Owner has a good faith belief that the Subconsultant/Subcontractor has knowingly violated Florida Statute §448.09(1). The Contractor may challenge any such termination in accordance with Florida Statutes §448.095. Consequences for a violation of this subsection also include liability for the Owner’s costs as a result of the termination and debarment for at least one (1) year in accordance with Florida Statutes §448.095.
END OF SECTION 70
Unless all Responses are rejected, a Notice of Intent to Award the Contract will be issued to the apparent successful Respondent. The Notice of Intent to Award is not a commitment, but a procedure to enable the Respondent to assemble and deliver to the Owner the Contract Documents. The Respondent who receives a Notice of Intent to Award an Addendum shall, within ten (10) business days of the date of Notice of Intent to Award, execute and deliver to the Owner all of the required Contract Documents, including, but not limited to the following:
The above documents must be furnished, executed and delivered to the Owner before the Contract Documents will be executed by the Owner. The Contract shall not be deemed awarded and shall not be binding upon the Owner until it has been executed by the Owner and a copy of the fully executed Contract Documents is delivered to the Contractor. Respondents are hereby informed that the award of this Contract may be contingent upon Owner's receipt of grant funding. The Owner reserves the right not to proceed with the award of the contract for any reason, including, but not limited to, if the lowest Total Bid Price exceeds the Owner’s estimates or budget or funding is otherwise unavailable. The Owner shall have the right to rescind its Notice of Intent to Award without liability at any time before the Contract Documents have been fully executed by all parties and delivered to the Contractor.
80-01 SUBLETTING OF CONTRACT.
The Owner will not recognize any subcontractor on the Work. The Contractor shall at all times when wWork 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 Resident Project Representative (RPR) OAR.
The Contractor shall perform, with his organization, an amount of work equal to at least 100%percent of theTotal total Contract cost Price.
Should the Contractor elect to assign their 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. The Owner may withhold its consent for any reason whatsoever.
The Contractor shall provide copies of all subcontracts to the RPR OAR as soon as practicable after Notice of Intent to Award, and in no event not less than 14 days prior to the subcontractor being utilized on the project. As a minimum, the information shall include the following:
Any transfer of this Contract by merger, consolidation or liquidation or (unless the stock of the Contractor is traded on a national stock exchange or in a generally recognized over the counter securities market) any change in ownership of or power to vote a majority of the outstanding voting stock or ownership interests of the Contractor shall constitute an assignment of this Contract for the purposes of this Contract. In the event the Contractor assigns or attempts to assign any right or obligation arising under this Contract without the Owner’s prior written consent, the Owner shall be entitled to terminate this Contract, in the Owner’s sole discretion.
Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after Notice of Award shall furnish in writing to the OAR the names of persons or entities (including, but not limited to, those who are to furnish specially fabricated materials or equipment) proposed for each portion of the Work. The Owner shall have the right, but not the obligation, to investigate and object, on a reasonable basis, to any such proposed person or entity. The OAR shall promptly notify the Contractor if any such objection exists.
The Contractor shall not contract with a proposed person or entity to whom the Owner or OAR has made reasonable and timely objection.
If the Owner has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner has no reasonable objection. The Total Contract Price shall not be increased by the difference in cost occasioned by such change if the Owner's objection arises from the failure of such person or entity to conform to the requirements of the Contract Documents, or if the person or firm is proposed as a DBE, LDB, or VBE and is not certified in accordance with the Owner's Policies and Procedures. If the Owner’s objection is for some other reason, such as apparent lack of responsibility (i.e., poor performance on prior projects, lack of experience, capacity or financial viability), then the Contractor may be allowed an increase in the Total Contract Price provided that the Contractor has acted promptly and responsively in submitting substitute subcontractors.
Once the Contractor enters into a subcontract, the Contractor may only replace a Subcontractor when required by the Owner or when the Contractor can demonstrate to the Owner’s satisfaction that the Subcontractor lacks financial viability, cannot meet construction schedules, or produces inferior or substandard work. If the replacement results in a decrease in the Contractor's costs, Owner shall receive a deductive Change Order. If, however, the replacement results in an increase in the Contractor's costs, an increase in the Total Contract Price will only be allowed if the replacement is required by the Owner.
80-02 SUBCONTRACTUAL RELATIONS.
The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors.
All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate written agreement between the Contractor and the Subcontractor. The Contractor shall provide to the Owner or OAR, if requested, copies of all Subcontracts within seven (7) days following the Owner's or OAR’s request.
The Owner shall have no contractual liability or obligation to any Subcontractor for Work performed pursuant to their agreement with the Contractor. The Contractor shall be liable to the Owner for all acts and omissions of the Subcontractors and the Contractor shall be solely responsible for scheduling and coordinating the Work of all Subcontractors, suppliers and any other person performing work on the project.
80-023 NOTICE TO PROCEED.
The Owner’s Notice to Proceed will state the date on which Contract Time commences. The Contractor is expected to commence project operations within [ ] days of the NTP date. The Contractor shall notify the RPR at least [ 24 hours ] in advance of the time contract operations begins. The Contractor shall not commence any actual operations prior to the date on which the notice to proceed is issued by the Owner.
The date of commencement of the Work is the effective date of the Notice To Proceed. The date shall not be postponed by the Contractor’s failure to act or by such failures of persons or entities for which the Contractor is responsible.
The Contractor shall not commence operations for the Work on the Owner’s property prior to the effective date of a Notice to Proceed and prior to the effective date of the Contractor’s compliance with GP-70.
The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial and Final Completion within the time frames established by the Contract Documents.
80-034 EXECUTION AND PROGRESS.
Unless otherwise specified, the Contractor shall submit their coordinated construction schedule showing all work activities for the RPR’s review and acceptance at least [ 10 days ] prior to the start of work. The Contractor’s progress schedule, once accepted by the OAR, will represent the Contractor's baseline plan to accomplish the project in accordance with the terms and conditions of the Contract. The OAR will compare actual Contractor progress against the baseline schedule to determine that status of the Contractor's performance. 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 Bid Documents.
Preliminary Schedule. The Contractor shall submit to the OAR a Preliminary Schedule within fourteen (14) days after the date of the Notice of Award the Contract. The Preliminary Schedule shall be in a bar chart format covering all major items of the Work including construction activities, milestone dates, and procurement of materials and equipment. The Preliminary Schedule shall identify approximate start and finish dates and the sequence in which the Contractor proposes to carry out the Work. The Preliminary Schedule shall be based upon the Contract Time specified in the Contract Documents. Upon receipt by the Contractor of the Notice to Proceed and until the Baseline Schedule is accepted by the OAR, the Contractor shall proceed with the Work in accordance with the Preliminary Schedule.
Baseline Schedule. Within thirty (30) days of the issuance of the Notice to Proceed, the Contractor shall submit to the OAR a proposed Baseline Schedule which shall be in the format as required by the Specifications and Drawings. The OAR will review the proposed Baseline Schedule and present the Contractor with any comments. The Contractor shall resubmit the proposed Baseline Schedule for review within fourteen (14) days after receipt of comments. Upon the OAR’s acceptance of the Baseline Schedule, the Contractor shall proceed with the work in accordance with the accepted Baseline Schedule. The OAR's acceptance of the Baseline Schedule shall not impose on the Owner any responsibility to the Contractor for the accuracy or reasonableness of the Baseline Schedule nor shall the review and acceptance relieve the Contractor from full responsibility. Upon acceptance by the OAR, the Baseline Schedule shall be the basis for evaluation of all time related issues, unless and until a Progress Schedule is accepted which supersedes the Baseline Schedule logic. The Owner shall have no obligation to process or issue payment for an Application for Payment until the Contractor’s baseline schedule has been accepted by the OAR.
Milestone Dates. Milestone dates include the completion dates for Work Area 1, Work Area 2, Work Area 3, Work Area 4, Work Area 5, Work Area 6, Work Area 7, Work Area 8, Work Area 9, Work Area 10, and Work Area 10a. Each Work Area completion date (“Milestone Date”) shall be represented in the Baseline CPM Schedule as a contractual Milestone Date, with the applicable durations noted in the Contract Documents. Failure to achieve any milestone by its fixed completion date shall subject the Contractor to liquidated damages in accordance with Section 20 04 for each consecutive calendar day the Milestone Date is delayed.
Progress Schedules. Each month the Contractor shall submit a Progress Schedule to update the progress of the Work. Progress Schedules must be submitted with each Contractor's Application for Payment and the data contained in the Progress Schedule must accurately correspond to the progress of the work information contained in the Contractor's Application for Payment. The Contractor's Progress Schedule must accurately reflect the actual progress of the Work as well as any revisions to the logic, sequence, durations of work activities, or level of detail of the number, description, or division of the work activities. The Owner may refuse to process or issue payment for an Application for Payment without the Contractor's submission of a current, accurate, and updated Progress Schedule that is satisfactory to the OAR. The OAR may specify the format in which the Progress Schedules shall be delivered by the Contractor. The Contractor’s failure to submit such updated Progress Schedule with an Application for Payment shall result in a waiver by Contractor of any and all claims for the time extensions for the time period covered by the Application for Payment.
If the Contractor's Progress Schedule reflects that completion of the Contract or a Contract milestone date is not within the Contract Time, then the Contractor must submit with the Progress Schedule the Contractor's proposed recovery plan for completing the Work within the Contract Time. In the event the Contractor claims entitlement to a time extension which is disputed by the Owner, the Contractor's recovery plan shall not be based upon receiving disputed time extensions.
The Contractor shall fully comply with all time and other requirements of the Contract Documents. The Owner's approval and payment of an Application for Payment, without the submission of a current, accurate Baseline or Progress Schedule, shall not constitute a waiver of either the requirement for such updates or the Owner's right to withhold payment, and the Contractor shall not be relieved from the obligation to complete the Work within the Contract Time.
The Contractor's preliminary, baseline or progress schedule schedules, when approved by the Engineer OAR, 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 Bid.
Time limits stated in the Contract are of the essence of the Contract. The Contractor, by executing the Agreement, confirms that the Contract Time is a reasonable period for performing the Work. The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial and Final Completion within the time frames established by the Contract.
If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the RPR’s request, submit a revised schedule for completion of the work within the contract time and modify their operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the execution of the work be discontinued for any reason, the Contractor shall notify the RPR OAR at least 24 in advance of resuming operations.
The Contractor shall not commence any actual construction prior to the date on which the NTP is issued by the Owner.
The project schedule shall be prepared as a network diagram in Critical Path Method (CPM), Program Evaluation and Review Technique (PERT), or other format, or as otherwise specified. It shall include information on the sequence of work activities, milestone dates, and activity duration. The schedule shall show all Work items identified in the Bid Documents for each work area and shall include the pProject start date and end date.
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 wWork to comply with the requirements of the Contract.
80-045 LIMITATION OF OPERATIONS.
The Contractor shall control their operations and the operations of their subcontractors and all suppliers to provide for the free and unobstructed movement of aircraft in the air operations areas (AOA) of the airport.
When the Work requires the Contractor to conduct their operations within an AOA of the airport, the Work shall be coordinated with airport operations (through the RPR) the OAR at least 72 hours prior to commencement of such Work. The Contractor shall not close an AOA until so authorized by the RPR OAR and until the necessary temporary marking, signage and associated lighting is in place as provided in Section 70, paragraph 70-09, CONSTRUCTION SAFETY AND PHASING PLAN (CSPP).
When the Contract Work requires the Contractor to work within an AOA of the airport on an intermittent basis (intermittent opening and closing of the AOA), the Contractor shall maintain constant communications as specified; immediately obey all instructions to vacate the AOA; and immediately obey all instructions to resume work in such AOA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor’s operations in the AOA until satisfactory conditions are provided. The areas of the AOA identified in the Construction Safety Phasing Plan (CSPP) and as listed below, cannot be closed to operating aircraft to permit the Contractor’s operations on a continuous basis and will therefore be closed to aircraft operations intermittently. as follows: The Contractor shall refer to the Contract Drawings for specific information on work phasing and airfield safety for times of closure and closure information.
The Contractor shall be required to conform to safety standards contained in AC 150/5370-2, Operational Safety on Airports During Construction and the approved CSPP.
The Contractor shall not commence any new work which is prejudicial to the work already started.
Personal vehicles of employees and vehicles operated by vendors of goods or services will not be permitted beyond the Contractor's parking area.
No signs shall be placed on the site, nor shall any photographs be taken without the OAR’s prior written consent. No visitors other than persons engaged in the Work shall be permitted on the construction site without the OAR’s prior written consent.
80-04.16 OPERATIONAL SAFETY ON AIRPORT DURING CONSTRUCTION.
All Contractor’s operations shall be conducted in accordance with the approved pProject Construction Safety and Phasing Plan (CSPP) and the Safety Plan Compliance Document (SPCD) and the provisions set forth within the current version of AC 150/5370-2, Operational Safety on Airports During Construction. The CSPP included within the Contract Documents conveys minimum requirements for operational safety on the airport during construction activities. The Contractor shall prepare and submit a SPCD that details how it proposes to comply with the requirements presented within the CSPP.
The Contractor shall implement all necessary safety plan measures prior to commencement of any work activity. The Contractor shall conduct routine checks 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 pProject. The Contractor shall assure that all subcontractors are made aware of the requirements of the CSPP and SPCD and that they implement and maintain all necessary measures.
No deviation or modifications may be made to the approved CSPP and SPCD unless approved in writing by the Owner. The necessary coordination actions to review Contractor proposed modifications to an approved CSPP or approved SPCD can require a significant amount of time.
80-057 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.
The resumes of the Contractor's key personnel, including but not limited to the Project Manager and Superintendent, that the Contractor intends to use on the Project and an organizational chart shall be submitted to the OAR prior to the commencement of Work.
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 or operational safety requirements and, in the opinion of the RPR OAR, does not perform his work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the RPR OAR, be removed immediately by the Contractor or subcontractor employing such person, and shall not be employed again in any portion of the Work without approval of the RPR OAR. Removal and replacement of personnel pursuant to this Section shall not give rise to entitlement by the Contractor to additional time or money, nor shall it constitute intentional interference or active interference by the Owner.
Should the Contractor fail to remove such person or persons, or fail to furnish suitable and sufficient personnel for the proper execution of the work, the RPR OAR may suspend the Work by written notice until compliance with such orders.
Failure to fully staff the project with skilled workers, supervision, or project management personnel shall be cause for termination of the Contract or such other remedies as set forth in the Contract. The Contractor assumes all risks of delays or extra costs which may be associated with improper Department of Labor classifications and labor disputes involving the Contractor, its Subcontractors or Suppliers and in no event shall the Contractor be entitled to additional compensation or an extension of Contract Time due to any such improper Department of Labor classifications and labor disputes.
Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, services, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and all other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. The Contractor shall not be entitled, under any circumstances, to any increased cost of doing business, including but not limited to, increased costs of materials, trucking, and fuel.
All equipment that is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use.
When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans, and specifications.
When the Contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless otherwise authorized by the RPR OAR. If the Contractor desires to use a method or type of equipment other than specified in the contract, the Contractor may request authority from the RPR OAR 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 RPR OAR 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 RPR OAR 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 paragraph.
80-068 TEMPORARY SUSPENSION OF THE WORK.
The Owner shall have the authority to suspend, delay or interrupt the Work wholly, or in part, for such period or periods the Owner may deem necessary, due without cause, or for reasons including but not limited to unsuitable abnormal inclement weather (as defined in GP-40), or other conditions or circumstances which, in the Owner's discretion, are considered unfavorable for the execution of the Work, or for such time necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the cContract. The suspension, delay or interruption shall be for such period or periods as the Owner may deem necessary. An order by the Owner to suspend the Work shall be in writing except in cases of bona fide emergencies.
In the event that the Contractor is ordered by the Owner, in writing, to suspend work, delay or interrupt the Work for some unforeseen cause not otherwise provided for in the Contract and over which the Contractor has no control, and which could not have reasonably been anticipated or avoided by the Contractor, the Contractor shall be granted an appropriate extension of Contract Time for the period of suspension, which shall not exceed the day-for-day period of suspension, and the Contractor may be reimbursed for an equitable adjustment to the Total Contract Price for the increased direct costs of maintaining and securing the Work during the suspension period, subject to the limitations of GP-40. actual money expended on the Work during the period of shutdown. No allowance will be made for In such an event, the Contractor shall not be entitled to compensation for home office overhead or anticipated profits during the period of suspension. The period of shutdown shall be computed from the effective date of the written order to suspend wWork to the effective date of the written order to resume the wWork. Claims for such compensation shall be filed with the RPR OAR within the time period defined in GP-80. stated in the RPR’s OAR’s order to resume work. The Contractor shall submit with their own cClaim information substantiating the amount and time shown on the Claimas required by GP-40 and 80. The RPR OAR 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 or for any other delay provided for in the cContract, plans, or specifications.
If it becomes necessary to suspend wWork 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. The Contractor shall take every precaution to prevent damage or deterioration of the wWork performed and provide for normal drainage of the wWork. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport.
The Contractor shall not be entitled to receive any increase in the Contract Time or the Total Contract Price for suspensions which are: (1) made at the request of the Contractor for its own convenience; (2) attributable to circumstances caused by the Contractor or those for which the Contractor is responsible; (3) attributable to circumstances which reasonably could have been anticipated or avoided by the Contractor; (4) attributable to inclement weather conditions usually experienced at the Pproject site during the relevant time period; (5) attributable to circumstances otherwise anticipated in the Contract; (6) to the extent that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or (7) to the extent an equitable adjustment is made or denied under another provision of this Contract.
80-079 DETERMINATION AND EXTENSION OF CONTRACT TIME.
The number of calendar days allotted in the Contract Documents for Substantial Completion of the Work shall be is stated in the proposal GP-20, BID REQUIREMENTS AND CONDITIONS Contract and shall be known as the Contract Time.
The Contract Time shall be adjusted only by a Contract Modification.
If the Contract Time requires extension for reasons beyond the Contractor’s control, it shall be adjusted as follows:
RCOs and Claims relating to Contract Time shall be made in accordance with applicable provisions of Section 40-4. A copy of any RCO or Claim for a Contract Time extension shall be delivered to the OAR. The Contractor shall take all steps reasonably possible to minimize the adverse impact of delay events on the Work. The Work under this Contract is only a part of the Owner's construction program. As a result, Work under this Contract may be required to be completed by certain milestone dates set forth in the Contract Documents (“milestone dates”) in order to interface with the work on other components of the Owner's construction program. The schedule for the Owner's construction program or the specification of milestone dates is not intended to take the place of complete Work scheduling by the Contractor, but is provided to show certain critical milestone dates for various phases of the Work on which the Contractor's Baseline Schedule or Progress Schedules must be based. There shall be no changes in the milestone dates, except by CO, FCO or CCD. In the event that the Contractor fails to complete any required portions of the Work by the milestone dates, the Contractor and its Surety shall be liable to the Owner for the Liquidated Damages identified in GP-20, in addition to all other obligations and liabilities under the Contract Documents and applicable law.. In the event that the Contractor completes any required portions of the Work ahead of the milestone dates or is precluded from doing so by acts of the Owner or third parties, the Contractor shall not be entitled to damages against the Owner for completing or failing to complete the Work earlier. There is no incentive payment for early completion of any milestone dates.
The Contractor shall cooperate with the OAR in order to maintain the progress of the Work in accordance with the Contractor's current accepted schedule and Contract Time requirements. In addition to the requirements of GP-80 regarding Progress Schedule updates, if the Owner or OAR determines that the Contractor is failing to maintain the progress of the Work, through no fault of the Owner, the Contractor must, within seventy-two (72) hours of written request of the OAR, submit a written response detailing the Contractor's plan of action to recover lost time in order to maintain the progress of the Work in accordance with the Contractor's current accepted schedule or Contract Time requirements. In such event, the Contractor shall comply with the OAR's written orders to take whatever steps are necessary to recover lost time and maintain the progress of the Work. These steps may include, but are not limited to, re-sequencing the Work activities, increasing the number of Contractor's shifts, workforce, supervision, work days, overtime operations, equipment resources, or expediting delivery of materials or equipment. Regardless of the manner in which the schedule is recovered, the Contractor shall not be entitled to additional compensation, such as for acceleration, for actions that relate to the recovery of the schedule.
In addition to other remedies available to the Owner, if the Contractor fails to maintain the progress of the Work in accordance with the Contractor's current accepted schedule or Contract Time requirements, the Owner may, in its sole discretion, upon seven (7) days written notice to the Contractor and its Surety, order the Contractor to suspend or cease all or a portion of the Work and the Owner may demand that the Contractor's Surety prosecute all or a portion of the Work in accordance with the Contract Documents. Failure of the Surety to so perform within seven (7) days of receipt of such notice shall be grounds for the Owner to prosecute the Work at Surety's and Contractor's expense. The right of the Owner to issue such notice, under this Section, to insist on prosecution of the Work by the Contractor’s surety, and for Owner to prosecute the Work itself shall not give rise to any duty on the party of the Owner to exercise those, or any other, rights for the Contractor, the Surety, or any other person or entity.
80-10 DELAY TO CONTRACTOR.
Notwithstanding any provision in the Contract to the contrary, If the Contractor is delayed in performance of the Work by any act or omission of the Owner, OAR or by any member, officer, employee, agent, servant, or representative of the Owner or OAR, or by any separate contractor or consultant engaged by the Owner or OAR, or by changes in the Work ordered by the Owner (as reflected in Contract Modifications), or by fire, or any unforeseen cause which the Contractor lacked any ability to control or manage, all of which occurred without any responsibility, fault or negligence on the part of the Contractor and, in the opinion of the Owner, neither could have been anticipated nor avoided by the Contractor, then the Contract Time shall be extended for an appropriate period of time to compensate the Contractor for the delay, which in no event shall exceed a day-for-day extension for the period of proven actual delay to the critical path as described above; provided that the Contractor has complied with the notice requirements of GP-50-07 and submitted full documentation supporting the request as set forth in GP-40-04. Neither labor disputes involving the Contractor, its Subcontractors or any other laborers or materialmen performing the Work, nor abnormal inclement weather conditions, shall be considered to be unforeseeable, unavoidable or unanticipated.
An extension of the Contract Time shall be the Contractor's sole and exclusive remedy for any delay of any kind or nature, except to the extent the delays were solely caused by (1) material acts or material omissions by the Owner or parties for whom the Owner bears responsibility constituting active interference or (2) concealed or unknown conditions as set forth in GP-50. For these delays, the Contractor is only entitled to the reasonable actual costs that are caused directly and solely by the delay and allowed for Contract Modifications as set forth in GP-40. The Owner’s exercise of any of its rights or remedies, including, without limitation, ordering changes in the Work, or suspending, rescheduling or ordering correction of the Work, regardless of the extent or frequency of Owner’s exercise of such rights or remedies, shall not be construed as active interference.
In no event, including circumstances in which it is alleged or proven that Owner intentionally interfered with the Contractor's performance of the Work, shall the Contractor be entitled to recover from the Owner, for itself or its Subcontractors, suppliers or other parties claiming a right or damage by or through Contractor, any of the following items or damages arising out of or related to this Contract or the breach thereof:
80-0811 FAILURE TO COMPLETE ON TIME.
For each calendar day or working day, as specified in the Contract, that any work portion of the Work remains uncompleted after expiration of the Contract Time (including all extensions and adjustments in Contract Modifications, as provided in paragraph 80-09, DETERMINATION AND EXTENSION OF CONTRACT TIME the sum specified in the Contract and proposal GP-20 as Liquidated Damages (LD) shall be paid by the Contractor or will be deducted from any money due or to become due the Contractor or their own surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of the damages including but not limited to additional engineering services that will be incurred by to the Owner that are attributable to the delay should the Contractor fail to complete the wWork in the time provided in the Contract. If the amount of the Liquidated Damages exceeds the amount otherwise due to the Contractor, the Contractor or the Contractor’s Surety shall pay the Liquidated Damages to the Owner within thirty days or within the reasonable time as set forth in the notice of Liquidated Damages. their contract.
The maximum construction time allowed for Schedules [ ] will be the sum of the time allowed for individual schedules but not more than [ ] 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 waiver on the part of the Owner of any of its rights under the Contract.
80-0912 DEFAULT AND TERMINATION OF CONTRACT.
The Contractor shall be considered in default of their Contract and such default will be considered as cause for the Owner to terminate the Contract, in whole or in part, for any of the following reasons, if the Contractor:
Should the Owner or OAR consider the Contractor in default of the Contract for any reason above, the Owner 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 Owner terminates the Contract for one of the reasons stated above, the Contractor shall not be entitled to receive further payment until the terminated Work is completed.
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 RPR OAR 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 execution of the terminated 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 the terminated Work Contract according to the terms and provisions of the Contract thereof, or use such other methods as in the opinion of the Engineer OAR will be required for the completion of said the terminated Work Contract in an acceptable manner, including, but not limited to accepting assignment of any or all Subcontracts and finishing the terminated Work by whatever reasonable method the Owner may deem necessary. manner.
If the Contractor is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, Owner may terminate this Contract for cause and without the opportunity to cure, or for Contracts of One Million Dollars ($1,000,000.00) or more, Owner may terminate this Contract for cause and without the opportunity to cure if the Contractor is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is engaged in business operations in Cuba or Syria.
All costs and charges incurred by the Owner, together with the cost of completing the Work under the Contract, including compensation for the Designer’s and OAR’s services and all other expenses made necessary thereby, 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. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the OAR and this obligation for payment shall survive termination of the Contract. Termination of the Contract, or a portion thereof, shall neither relieve the Contractor of its responsibility for the completed Work nor shall it relieve its Surety of its obligation for and concerning any claim arising out of the Work performed. If only a portion of the Work is terminated, the Contractor shall continue to complete the remaining portions of the Work that were not terminated in accordance with Contract Documents. The Contractor’s obligations to the Owner arising from the Contractor’s improper acts, omissions, or defaults shall survive the termination of this Contract. The duties and obligations imposed by the Contract and the rights and remedies available hereunder are in addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or available by law.
80-13 TERMINATION FOR CONVENIENCE.
80-1014 TERMINATION FOR NATIONAL EMERGENCIES.
The Owner shall terminate the Ccontract 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, compensation will be made per GP-80-13. payment will be made (subject to the limitations of Section 40-04) 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 for loss of anticipated profits shall be considered permitted.
Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor.
Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the RPR OAR.
Termination of the Ccontract 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.
80-1115 WORK AREA, STORAGE AREA AND SEQUENCE OF OPERATIONS.
The Contractor shall obtain approval from the RPR OAR 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 Work in accordance with the approved CSPP and SPCD. All Contractor equipment and material stockpiles shall be stored outside the runway object free area or a minimum distance as shown on the plans 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 inside the runway object free area or within the distance shown on the Plans from an active runway at any time.
END OF SECTION 80
The Aviation Authority is committed to the highest level of integrity in its operations and is fully committed to protecting the organization, its operations, and its assets against fraud, waste or abuse. The Aviation Authority has established a Whistle-Blower Reporting Line with a third-party service provider as a means for employees, contractors, vendors, tenants and the general public to report suspected fraud, waste or abuse in connection with Authority operations. Should Contractor suspect any fraud, waste or abuse in connection with any work under this Contract, including any work of its subcontractors or laborers, it shall promptly report such activity at (877) 370-6354, through email: caseinbox@goaa.caseiq.app, or through the online reporting form at https://goaa.caseiq.app/portal. The Consultant shall include this reporting requirement in all subcontracts and vendor agreements. The Consultant is further encouraged to report any suspected fraud, waste or abuse it suspects in connection with any other airport operation or project.
90-01 MEASUREMENT OF QUANTITIES.
All work completed under the Ccontract will be measured by the RPR OAR, or their 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 Ccontract will be those methods generally recognized as conforming to good engineering practice.
Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave-outs) having an area of 9 square feet (0.8 square meters) 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 RPR OAR.
Unless otherwise specified, all Ccontract 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.
When requested by the Contractor and approved by the Engineer OAR in writing, material specified to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be converted to cubic yards (cubic meters) for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the RPR OAR and shall be agreed to by the Contractor before such method of measurement of pay quantities is used.
MEASUREMENT AND PAYMENT TERMS
Term | Description |
Excavation and Embankment Volume | In computing volumes of excavation, the average end area method will be used unless otherwise specified. |
Measurement and Proportion by Weight | The term “ton” will mean the short ton consisting of 2,000 pounds (907 km) avoirdupois. All materials that are measured or proportioned by weights shall be weighed on accurate, independently certified scales by competent, qualified personnel at locations designated by the |
Measurement by Volume | 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 for the materials hauled, 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. |
Asphalt Material | Asphalt materials will be measured by the gallon (liter) or ton (kg). When measured by volume, such volumes will be measured at 60°F (16°C) or will be corrected to the volume at 60°F (16°C) using ASTM D1250 for asphalts. 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 asphalt material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When asphalt materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, will be used for computing quantities. |
Cement | Cement will be measured by the ton (kg) or hundredweight (km). |
Structure | Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. |
Timber | Timber will be measured by the thousand feet board measure (MFBM) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. |
Plates and Sheets | 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 inch. |
Miscellaneous Items | When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gauge, 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 | Scales must be tested for accuracy and serviced before use. 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. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales shall be accurate within 0.5% of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the OAR 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 0.1% of the nominal rated capacity of the scale, but not less than one pound (454 grams). The use of spring balances will not be permitted. In the event inspection reveals the scales have been “overweighing” (indicating more than correct weight) they will be immediately adjusted. All materials received subsequent to the last previous correct weighting-accuracy test will be reduced by the percentage of error in excess of 0.5%. In the event inspection reveals the scales have been under-weighing (indicating less than correct weight), they shall be immediately adjusted. No additional payment to the Contractor will be allowed for materials previously weighed and recorded. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the Scale installations shall have available ten standard 50-pound (2.3 km) weights for testing the weighing equipment or suitable weights and devices for other approved equipment. 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. |
Rental Equipment | 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 in connection with extra work will be measured as agreed in the Change Order |
Pay Quantities | 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 |
90-02 SCOPE OF PAYMENT.
The Contractor shall receive and accept compensation provided for in the Ccontract 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 execution thereof, subject to the provisions of Section 70, paragraph 70-18, NO WAIVER OF LEGAL RIGHTS.
When the "basis of payment'' subsection of a technical specification requires that the Ccontract 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 TOTAL CONTRACT PRICE.
The Total Contract Price is the amount stated in the Contract, Section 00 52 13, plus any adjustments included in a Contract Modification and is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents.
Notwithstanding anything to the contrary contained in the Contract Documents, the Owner may withhold any payment to the Contractor, if, and for so long as a good faith dispute exists, which may include the Contractor’s failure to perform any of its obligations hereunder, in the Contractor’s default under any of the Contract Documents or there is reasonable evidence indicating that the Work will not be completed within the Contract Time, as may be adjusted by Contract Modifications, and the unpaid balance would be insufficient to cover the anticipated Liquidated Damages; provided, however, that any such holdback shall be limited to an amount sufficient in the reasonable opinion of the Owner to cure any such default or failure of performance by the Contractor.
90-04 SCHEDULE OF VALUES.
Before the first Application for Payment on lump sum contracts, including those which contain unit prices for certain portions of the Work, the Contractor shall submit to the Owner and OAR for approval, a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy and reasonableness (in relationship to actual costs) as the Owner or OAR may require. The Schedule of Values shall be prepared in such a manner that each major item of Work and each subcontracted item of Work is shown as a separate line item on the Owner’s form of AIA Document G702, Application andCertificate for Payment, Continuation Sheet or other form acceptable to the OAR.
The Contractor’s Schedule of Values must contain a separate line item for General Conditions which are defined as general overhead and administrative charges for onsite personnel, office space, and other costs included in the definition of mark-up in GP-40. The total amount for General Conditions must be reasonable in relationship to the Work and approved by the Owner and OAR. Payment for General Conditions shall be prorated according to the work-in-place (excluding stored materials) reported in the approved application for payment.
90-05 APPLICATION AND CERTIFICATE OF PAYMENT.
Prior to submittal of an Application for Payment, and no later than the 25th of each month, the Contractor shall coordinate a meeting and site tour, if applicable, with the OAR, Owner’s Project Manager(s), (if required by Owner) to review a preliminary “pencil copy” of the Application for Payment, to review a draft of the Progress Schedule Update, which is to be submitted with the Application, to agree upon the Work completed (in accordance with the approved Schedule of Values or unit price schedule) and the supporting documentation to be included in the Application for Payment. The parties shall cooperate and use best efforts to resolve any matter raised at the meeting.
The Contractor shall submit to the OAR an Application and Certificate for Payment for Work completed as agreed at the meeting to review the pencil copy. Each Application and Certificate for Payment shall be submitted no later than the 5th of the month or as otherwise agreed in writing by the Owner. Each Application and Certificate for Payment shall include only Work completed and/or costs incurred through the period ending date identified on the Application and Certificate for Payment, but not previously invoiced. No payment will be made for Work not yet completed. Each Application and Certificate for Payment must clearly identify the period ending date. To constitute a proper request for payment, each Application and Certificate for Payment shall be supported by such data required by the Contract Documents substantiating the Contractor's right to payment (including but not limited to a partial waiver, progress schedule and other documents required below, and copies of requisitions from Subcontractors, Subconsultants and material Suppliers). Each Application for Payment shall reflect the amount of retainage in accordance with GP 90- 06, unless otherwise provided in the Contract Documents or agreed to, in writing, by the Owner at its sole discretion. The OAR shall be deemed the Authority’s agent for purposes of Chapter 218, Florida Statutes. If an OAR is not assigned to this Project, the Owner’s agent or employee responsible for receiving and processing payment applications will be identified, in writing.
Each Application and Certificate for Payment shall contain unmodified Certifications stating the following:
“Contractor hereby certifies that, except as indicated on the attached documents, there are no Claims of Contractor, its Subcontractors, Subconsultants or Suppliers as of the date of this Application and Certificate for Payment that have not been completely resolved, that the Contractor has no knowledge of any unsolved Claims by Subcontractors, Subconsultants or Suppliers, that all Subcontractors, Subconsultants and Suppliers have been paid to date from funds received for previous Applications for Payment, that there is no known basis for the filing of any Claim on the Work and Contractor, and upon receipt of funds due in this Application and Certificate for Payment, hereby releases the Owner from any claims arising from the Work, except for retainage. Contractor further certifies that the amounts contained in the Application and Certificate for Payment have been verified and are correct.”
The Contractor warrants that title to all Work covered by an Application and Certificate for Payment will pass to the Owner no later than the time of payment on such Application and Certificate for Payment by the Owner to the Contractor. The Contractor further warrants that, upon submission of an Application and Certificate for Payment, all Work for which previous Applications and Certificates for Payment have been certified by the OAR and all Work for which payments have been received from the Owner shall be free and clear of liens, claims, security interests, or encumbrances in favor of the Contractor, Subcontractors, Subconsultants, material Suppliers, or other persons or entities making a claim by reason of having provided labor, materials, and equipment relating to the Work. With each submitted Application for Payment, the Contractor shall submit a partial release and waiver of claims in the form contained herein. Upon request by the Owner, the Contractor shall submit waivers of lien/bond rights and any requested documentation from Subcontractors, Subconsultants and Suppliers to evidence the status of payments.
Applications and Certificates for Payment may not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor, Subconsultant or material Supplier because of a dispute or other reason.
Applications and Certificates for Payment may include requests for payment on account of changes in the Work which have been included in fully executed CCDs, FCOs and properly authorized COs that have been executed by the Contractor.
The failure to comply with the requirements of this Article may result in the withholding of approval of the Application and Certificate for Payment until compliance is achieved.
Within fifteen (15) business days after the OAR’s receipt of the Contractor's Application and Certificate for Payment, the Owner and OAR shall either: (1) approve the Application and Certificate for Payment by signing the Application and Certificate for Payment in the appropriate places; or, (2) the OAR shall notify the Contractor in writing of reasons for withholding approval, in whole or in part, and the action necessary to make Application and Certificate for Payment acceptable.
The OAR may withhold approval, in whole or in part, to the extent reasonably necessary to protect the Owner, if the OAR cannot certify that the Work has progressed to the point indicated and that the quality of the Work is not in accordance with the Contract Documents, or reasonably inferable therefrom. In addition, notwithstanding anything to the contrary contained in the Contract Documents, the Owner may withhold any payment to the Contractor, if, and for so long as, a good faith dispute exists, which may include the Contractor’s failure to perform any of its obligations hereunder; the Owner’s assessment of Liquidated Damages; the Contractor’s default under any of the Contract Documents; or if there is reasonable evidence indicating that the Work will not be completed within the Contract Time, as may be adjusted by Contract Modifications, and the unpaid balance would be insufficient to cover the anticipated Liquidated Damages; provided, however, that any such holdback shall be limited to an amount sufficient in the reasonable opinion of the Owner to cure any such default or failure of performance by the Contractor. The OAR may also withhold approval, in whole or in part, to the extent reasonably necessary to pay any expense or cost, or remedy any injury incurred by Owner arising out of any default or neglect by Contractor, or otherwise attributable to the Contractor (“Backcharge”). Any such Backcharge (after processing an appropriate Change Order, Construction Change Directive, or other appropriate process determined by Owner) may be deducted by Owner from payments then or thereafter due the Contractor, or from the final payment otherwise due the Contractor. In addition, if the Owner or OAR subsequently discovers that an Application and Certificate for Payment was improperly paid, the Owner or OAR may withhold payment on any future Applications and Certificates for Payment, in whole or in part, to the extent necessary to recover the funds improperly paid. If the Owner determines that the reasons for withholding payment no longer exist, the Owner will so notify the Contractor and will make payment for the amount of the holdback within ten (10) business days.
Upon notification that an Application and Certificate for Payment is not approved, the Contractor shall provide justification for payment or other information requested by the OAR or Owner and shall conduct discussions with the OAR to determine whether a revised Application and Certificate for Payment can be agreed upon. If no agreement is reached within two (2) business days after the initial notification, the OAR or Owner will adjust the original Application and certificate for Payment to delete the disputed amounts and will then approve payment for the undisputed amount and send a copy of the adjusted Application and
Certificate for Payment to the Contractor. If the disputed portion cannot be resolved by the project team within two (2) business days, either party can submit a written request for final resolution of the dispute to the immediate supervisor of the other party’s project manager. Final resolution of the dispute shall be made in accordance with the timeframe required by Florida Statutes Section 218.76. If an agreement can be reached on the disputed portions of the Application and Certificate for Payment, the Contractor will submit a corrected and signed Application and Certificate for Payment for the agreed amount, if any, to the OAR within two (2) business days after the initial notification. Payment will be made within ten (10) business days after the Owner’s approval of the revised Application and Certificate for Payment.
Neither the OAR’s nor the Owner’s signature on the Application and Certificate for Payment constitutes approval and acceptance of the Work.
At all times during the processing of an Application and Certificate for Payment, including resolution of any related disputes, the Contractor shall continue to expeditiously prosecute the Work.
Concurrent with the Contractor’s submission of an Application and Certificate for Payment, the Contractor shall submit an updated Progress Schedule, prepared in accordance with the Contract Documents, and make available for review and inspection by the Owner or OAR an updated version of the As-built Drawings, prepared in accordance with the Contract Documents, reflecting all items of Work for which the Contractor is seeking payment. Failure to have the updated As-built Drawings available for review or to reflect items of Work on the updated As-built Drawings for which payment is sought may result in the Owner's withholding payment or partial payment from the Contractor until such time as properly updated As-built Drawings are prepared.
90-06 PROGRESS PAYMENTS, RETAINAGE, AND CERTIFIATIONS FOR PAYMENT.
The OAR’s execution of the Application and Certificate for Payment will constitute a representation by the OAR to the Owner, based upon the OAR’s observations at the site and the data comprising the Application and Certificate for Payment, that the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract. The Contractor shall not rely upon these representations as the Owner’s acceptance of the Work since they are made for payment purposes only and are subject to an evaluation of the Work for conformance with the Contract upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract correctable prior to completion and to specific qualifications expressed by the Designer or OAR. However, execution of the Application and Certificate for Payment is not a representation that the OAR has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work (2) reviewed construction means, methods, techniques, sequences or procedures (3) reviewed copies of requisitions received from Subcontractors and material Suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Total Contract Price. The Contractor may not rely upon any Application and Certificate of Payment as approval and acceptance of the Work reflected thereon. The Owner’s signature on the Application for Payment does not constitute approval and acceptance of the Work.
Throughout the Project, until the Substantial Completion List (Construction Administration Form 008) is distributed, the Owner shall make payment to the Contractor of the amount specified in the approved Application for Payment (which shall provide for all applicable retentions, including, but not limited to the proper amount of retainage on all progress payments as provided for in the following paragraph), within twenty-five (25) business days from the date that a proper Application for Payment is stamped as received by the OAR. If the payment has not been made within that time, Contractor may deliver an overdue notice to the Owner. Within four (4) business days after receipt of the overdue notice, either payment shall be made or the OAR shall notify the Contractor in writing that the approval of the Application for Payment has been withdrawn. Otherwise, in accordance with Section 218.735(1)(a), the payment request shall be deemed accepted, except for any portion of the request that is fraudulent or misleading. Payment by the Owner shall not constitute approval or acceptance of any item of cost in the Application for Payment. No partial payment made hereunder shall be or be construed to be final acceptance or approval of that portion of the Work to which such partial payment relates or relieve the Contractor of any of its obligations hereunder.
Retainage
Subcontractor Payments
5. Prompt Payment (49 CFR § 26.29): The Contractor shall make retainage payments to each Subcontractor within 30 days after the Subcontractor’s work is satisfactorily completed. For purposes of this subsection, a Subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Owner, including, without limitation, the Subcontractor’s Final Release, warranties, and as-built drawings. The Owner has no obligation to release retainage for any Subcontractor until the Contractor has documented, to the satisfaction of the Owner, that all such subcontractor work has been completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Owner. This clause applies to both DBE and non-DBE subcontractors.
6. Any early reduction of a portion of retainage shall have no effect on Contractor’s warranty and other obligations that are preliminary to Substantial Completion or Final Completion. Contractor shall remain liable to Owner for all items of Work in accordance with the Contract Documents notwithstanding any early release of Contractor’s retainage.
Sub-subcontractor and Sub-subconsultant Payments
1. If any Subcontractor or Subconsultant fails to pay any Sub-subcontractor or Sub-subconsultant within seven (7) days of receipt of funds from the Contractor, then the Owner may, at its option, following a request from the unpaid Sub-subcontractor or Sub-subconsultant, pay such DBE Sub-subcontractor or Sub-subconsultant, the applicable sums paid the Contractor on account of the Sub-subcontractor’s or Sub-subconsultant’s work, and deduct such sums from any monies due the Contractor in the future unless the Contractor can furnish information satisfactory to the Owner that the payment should not be made and Contractor is actively taking steps to resolve a dispute, if applicable. The Owner’s options in this Article 9.5.4 are in addition to any other rights set forth in the Contract.
2. Any early reduction of a portion of retainage shall have no effect on Contractor’s warranty and other obligations that are preliminary to Substantial Completion or Final Completion. Contractor shall remain liable to Owner for all items of Work in accordance with the Contract Documents notwithstanding any early release of Contractor’s retainage.
3. Neither the Owner, OAR nor DCC shall have any obligation to pay or to assure the payment of money to a Subcontractor or Subconsultant for Work on the Project. The Owner may, however, demand sworn statements of accounts from Subcontractors, Subconsultants or Suppliers and, at the Owner’s sole discretion, pay Subcontractors, Subconsultants or Suppliers by joint checks or directly for those amounts agreed by the Contractor as due and owing. In such event, the Contractor agrees any such payments shall be treated as a direct payment to the Contractor’s account.
4. Contractor shall include in all subcontracts language providing that Contractor and Subcontractor and Subconsultant will resolve payment disputes by alternative dispute resolution mechanisms. Contractor shall promptly take the initiative to commence such resolution process if Contractor has withheld a payment to a Subcontractor or Subconsultant for cause that is disputed by Subcontractor. Contractor shall make every effort to resolve such payment disputes with its Subcontractors and Subconsultants quickly and in a reasonable manner, so as not to delay the Work. The Contractor shall also require all Subcontractors and Subconsultants include in the Sub-subcontractor and Sub-subconsultant Agreements language providing that payment disputes will be resolved through alternative dispute resolution mechanisms and that every effort to resolve such payment disputes will be resolved quickly and in a reasonable manner, so as not to delay the Work.
90-07 CONTINUED PERFORMANCE PENDING PAYMENT
The Contractor’s obligations to diligently prosecute the Work shall continue uninterrupted during the pendency of any bona fide dispute between the Owner and the Contractor. At all times during the processing of an Application and Certificate for Payment, including resolution of any related disputes, the Contractor shall continue to expeditiously prosecute the Work.
90-0308 COMPENSATION FOR ALTERED QUANTITIES.
When the accepted quantities of work vary from the quantities in the proposal Bid, the Contractor shall accept as payment in full, so far as Ccontract items are concerned, payment at the original Ccontract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in Section 40, paragraph 40-03, ALTERATION OF WORK AND QUANTITIES, 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 their own unbalanced allocation of overhead and profit among the Ccontract items, or from any other cause.
90-0409 PAYMENT FOR OMITTED ITEMS.
As specified in Section 40, paragraph 40-05, OMITTED ITEMS, the RPR Owner or the OAR shall have the right to omit from the work (order nonperformance) any Ccontract item, except major contract items, in the best interest of the Owner.
Should the RPR Owner or the OAR omit or order nonperformance of a Ccontract item or portion of such item from the work, the Contractor shall accept payment in full at the Ccontract prices for any work actually completed and acceptable prior to the RPR’s Owner or OAR’s order to omit or non-perform such Ccontract item.
Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the RPR’s Owner or OAR’s order to omit 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 Ccontract item prior to the date of the RPR's Owner or OAR’s order. Such additional costs incurred by the Contractor must be directly related to the deleted Ccontract item, and shall be supported by certified statements by the Contractor as to the nature the amount of such costs and shall comply with requirements for compensation as defined in GP-80.
90-0510 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK.
Extra Work, performed in accordance with the subsection titled EXTRA WORK of GP 40, will be paid for at the Contract prices or agreed prices specified in the Contract Modification. When the Contract Modification 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 an allowance for overhead and profit, as set forth in GP 40-04.
90-06 PARTIAL PAYMENTS.
Partial payments will be made to the Contractor at least once each month as the work progresses. Said payments will be based upon estimates, prepared by the RPR, of the value of the work performed and materials complete and 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 paragraph 90-07, PAYMENT FOR MATERIALS ON HAND. No partial payment will be made when the amount due to the Contractor since the last estimate amounts to less than five hundred dollars.
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 RPR 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 paragraph 90-15, ACCEPTANCE AND FINAL PAYMENT.
The Contractor shall deliver to the Owner a complete release of all claims for labor and material arising out of this contract before the final payment is made. If any subcontractor or supplier fails to furnish such a release in full, the Contractor may furnish a bond or other collateral satisfactory to the Owner to indemnify the Owner against any potential lien or other such claim. The bond or collateral shall include all costs, expenses, and attorney fees the Owner may be compelled to pay in discharging any such lien or claim.
90-11 Not Used
90-0712 PAYMENT FOR MATERIALS ON HAND.
At the Owner’s sole discretion, Partial payment may be made for the cost of materials or equipment to be incorporated in the Work, provided that such materials meet the requirements of the Contract, plans, and specifications and are delivered to and suitably stored at a location approved by the Owner, in its sole discretion. Payment for materials on hand will be limited to the actual cost of the equipment or material as documented by invoices, excluding all other costs such as shipping, handling, and storage. Such delivered costs of stored or stockpiled materials may be included in the next payment application only after all of the following conditions are met:
a. The material has been stored or stockpiled in a manner acceptable to the OAR at or on an approved site.
b. The Contractor has furnished the RPR OAR with acceptable evidence of the quantity and quality of such stored or stockpiled materials.
c. The Contractor has furnished the RPR OAR with satisfactory evidence that the material and transportation costs have been paid. The Contractor has furnished the Owner legal title (free of liens or encumbrances of any kind) to the material stored or stockpiled.
d. The Contractor has furnished the Owner legal title (free of liens or encumbrances of any kind) to the material stored or stockpiled.
e. The Contractor has furnished the Owner evidence that the material stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the work.
f. The value of the materials or equipment must exceed $10,000.
g. The materials must not be scheduled to be incorporated into the Work within sixty (60) days, unless otherwise allowed by Owner. It is understood and agreed that the Contractor shall furnish to the Owner legal title (free if liens or encumbrance of any kind) to the material stored or stockpiled and that the transfer of title and the Owner’s payment for such stored or stockpiled materials shall in no way relieve the Contractor of their responsibility for furnishing and placing such materials in accordance with the requirements of the Contract, plans, and specifications.
It is understood and agreed that the Contractor shall furnish to the Owner legal title (free if liens or encumbrance of any kind) to the material stored or stockpiled and that the transfer of title and the Owner’s payment for such stored or stockpiled materials shall in no way relieve the Contractor of their 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 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 payment will be made for stored or stockpiled living or perishable plant materials.
The Contractor shall bear all costs associated with the payment of stored or stockpiled materials in accordance with the provisions of this paragraph.
Payment for such stored items shall be conditioned upon the following information and documentation being obtained by Contractor and provided to Owner:
1. Inventory schedule detailing the specific type of stored materials for which payment is requested, including but not limited to, quantities, types and sizes;
2. Invoices evidencing the costs of such stored materials, attached as back-up documentation to the Application for Payment under which payment for stored materials is sought;
3. A bill of sale, invoice or other documentation evidencing that the Owner has received the stored items free and clear of all claims and liens. This evidence shall be submitted to the Owner in Contractor’s next pay application; Failure to comply with this requirement may result in the Owner withholding payment until the evidence is furnished;
4. A consent of surety for the Owner’s payment for such stored items;
5. A certificate of insurance evidencing that stored materials not located on the Owner’s property, are insured for the full replacement value of the stored materials for which payment is requested. Failure of the Contractor to obtain and maintain insurance coverages required herein shall give rise to a breach of this Contract, thereby allowing Owner all recourse permitted by law, including recovery under the payment and performance bonds posted for this Project.
Contractor agrees to separately mark and identify the stored materials with the Project name and name of the Contractor. All such stored materials shall be made available for Owner’s periodic inspections. Contractor shall be responsible for all loss or damage to such stored materials arising from theft, malicious mischief or vandalism until Substantial Completion is achieved. Contractor assumes all risk of transit with respect to such stored materials.
The Contractor shall submit, within 30 days of the Notice to Proceed and thereafter as the Owner requires, material delivery schedules for each category or subcontract for which application for payment for stored materials will be made, which schedules shall include items, quantities, value or unit prices with extensions and the month in which Application for Payment with respect thereto is expected to occur. Schedules shall be updated on a monthly basis and submitted as an attachment to the Contractor’s Application for Payment. The Owner has no obligation to pay the Contractor if the updated monthly schedule is not provided.
The Contractor warrants that title to all Work covered by an Application and Certificate for Payment will pass to the Owner no later than the time of payment on such Application and Certificate for Payment by the Owner to the Contractor. The Contractor shall be responsible for adequately securing and protecting all materials and equipment stored on the Owner’s property, including, but not limited to, adequately securing and protecting from weather damage, theft, malicious mischief, and vandalism, regardless of whether such materials or equipment have been paid for pursuant this Article. The Contractor further warrants that, upon submission of an Application and Certificate for Payment, all Work for which Applications and Certificates for Payment have been previously issued and all Work for which payments have been received from the Owner shall be free and clear of liens, claims, security interests, or encumbrances in favor of the Contractor, Subcontractors, Subconsultants, material Suppliers, or other persons or entities making a claim by reason of having provided labor, materials, and equipment relating to the Work.
90-08 PAYMENT ON WITHHELD FUNDS.
At the Contractor’s option, if an Owner withholds retainage in accordance with the methods described in paragraph 90-06 PARTIAL PAYMENTS, the Contractor may request that the Owner deposit the retainage into an escrow account. The Owner’s deposit of retainage into an escrow account is subject to the following conditions:
90-0913 ACCEPTANCE AND FINAL PAYMENT.
When the Contract Work has been accepted in accordance with the requirements of Section 50, paragraph 50-26, FINAL ACCEPTANCE, the RPR OAR will prepare the final estimate of the items of Work actually performed. The Contractor shall approve the RPR’s OAR final estimate or advise the RPR OAR of the Contractor’s 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 an approved Contract Modification.. The Contractor and the RPR OAR 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 RPR’s OAR’s final estimate. If agreement is reached on the final quantities, Owner shall process a final quantity adjustment Change Order to define the final Contract Price. If, after such 30-day period, a dispute still exists, the Contractor may approve he RPR’s OAR’s estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner as a cClaim in accordance with Section 50, paragraph 50-27, CLAIMS FOR ADJUSTMENT AND DISPUTES and the Owner shall process a Construction Change Directive to adjust the final quantities per the OAR’s estimate to allow payment for all undisputed amounts.
After the Contractor has executed the final quantity adjustment Change Order based on approved, or approved under protest, the RPR’s OAR’s final estimate, and after the OAR’s receipt of the project closeout documentation required in paragraph 90-15, CONTRACTOR FINAL PROJECT DOCUMENTATION and a Final Application for Payment, final payment will be processed based on the entire sum Total Contract Price, including all approved Contract Modifications. If the Contractor has disputed the OAR’s estimate of final quantities, after the Contractor’s receipt of a fully executed Construction Change Directive based on the OAR’s final quantity estimate and the OAR’s receipt of the project closeout documentation required in paragraph 90-15 and an Application for Payment for or the undisputed sum in case of approval under protest, amount determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the Contract will be processed. All prior partial estimates and payments shall be subject to correction in the final estimate and payment.
If the Contractor has filed a c Claim for additional compensation under the provisions of Section 50, paragraph 50-27, CLAIMS FOR ADJUSTMENTS AND DISPUTES, or under the provisions of this paragraph, such cClaims will be considered by the Owner in accordance with local laws or ordinances and this Contract. Upon final adjudication of such cClaims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final Change Order. estimate.
FINAL COMPLETION AND FINAL PAYMENT
Final Completion shall be achieved by the Contractor within the number of days after Substantial Completion specified GP-20-03, unless otherwise required in the Contract Documents. Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the OAR and Designer will promptly make such inspection with the Contractor and, when the OAR and Designer finds the Work acceptable under the Contract Documents and the Contract fully performed, including the delivery of all close-out documentation required below, the OAR will promptly certify a final Application and Certificate for Payment. Contractor’s submittal of the final Application and Certificate for Payment is Contractor’s certification that, to the best of their knowledge, information and belief, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that the amount noted in the final Certification for Payment has been earned, subject to the Owner's claims, Liquidated Damages or Backcharges, if any. The OAR’s execution of the final Application and Certificate for Payment will constitute a further representation to the Owner that the conditions precedent to the Contractor's being entitled to final payment have been fulfilled.
Neither final payment nor final retainage shall become due until the Contractor submits to the OAR all close-out documentation, which is defined as all of the following: (1) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the Owner; (2) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (3) consent of surety, if any, to final payment; (4) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner; (5) all required As-built Drawings, operating and maintenance instructions and manuals, and acceptable warranty/guaranty documents; (6) Subcontractor Final Release Forms; and (7) Final Release Form. If a Subcontractor refuses to furnish the release required by the Owner, the Owner may retain all money that the Owner may be compelled to pay in discharging such claim, including all costs and reasonable attorneys' fees. However, the Owner may elect not to retain any monies if the Contractor certifies that it is proceeding diligently and in good faith to resolve its dispute with the Subcontractor in accordance with the Subcontract Dispute Resolution Process and the Contractor’s Surety consents to the Owner’s payment to the Contractor despite such claim.
Acceptance of final payment shall constitute a waiver of all claims by the Contractor, Subcontractor or Supplier, except those Claims previously made in accordance with GP-50 and identified by the Contractor as unsettled on the final Application for Payment and Final Release.
90-1014 CONSTRUCTION WARRANTY.
90-1115 CONTRACTOR FINAL PROJECT DOCUMENTATION.
Approval of final payment to the Contractor is contingent upon completion and submittal of the items listed below. The final payment will not be approved until the RPR OAR approves the Contractor's final submittal. The Contractor shall, in addition to the requirements of GP 90-13:
END OF SECTION 90
Unless all Responses are rejected by the Aviation Authority, a Notice of Intent to Award is anticipated to be provided within 14 days from the opening of Responses. Such Notice will be posted to the e-procurement platform. The Notice of Intent to Award is not a commitment, but a procedure to enable the Respondent to assemble and deliver to the Owner the Contract Documents.
Contract will be issued under this name, if awarded. Must match name listed on W9 Form.
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The award of this solicitation is subject to the provisions of Chapter 112, Florida Statutes. All Respondents must disclose within their Response the name of any officer, director, employee or agent (or their spouse or child) who is also an employee or officer of the Aviation Authority. By submission of this Response, the undersigned certifies, under penalty of perjury, that to the best of their knowledge and belief, have met the Florida Statute.
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with its proposal. The bidder or offeror must indicate how it intends to comply with 49 USC § 50101, BABA and other related Made in America Laws, U.S. statutes, guidance, and FAA policies, by selecting one of the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (i.e., not both) by inserting a checkmark () or the letter “X”.
False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code.
FAA BUY AMERICAN PREFERENCE
The Contractor certifies that its bid/offer is in compliance with 49 USC § 50101, BABA and other related Made in America Laws,[1] U.S. statutes, guidance, and FAA policies, which provide that Federal funds may not be obligated unless all iron, steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list.
The bidder or offeror must complete and submit the certification of compliance with FAA’s Buy American Preference, BABA and Made in America laws included herein with their bid or offer. The Airport Sponsor/Owner will reject as nonresponsive any bid or offer that does not include a completed certification of compliance with FAA’s Buy American Preference and BABA.
The bidder or offeror certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.
CERTIFICATION REGARDING DOMESTIC PREFERENCES FOR PROCUREMENTS
The Bidder or Offeror certifies by signing and submitting this bid or proposal that, to the greatest extent practicable, the Bidder or Offeror has provided a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR § 200.322.
[1] Per Executive Order 14005 “Made in America Laws” means all statutes, regulations, rules, and Executive Orders relating to federal financial assistance awards or federal procurement, including those that refer to “Buy America” or “Buy American,” that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, and manufactured products offered in the United States.
By selecting "Confirm", Bidder hereby acknowledges and agrees to the use of the U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the resulting contract with the Greater Orlando Aviation Authority.
Bu selecting "Confirm" Bidder certifies, that if awarded, Bidder shall maintain a drug-free workplace in accordance with the Florida Drug-free Workplace Act during the duration of the contract. No employee shall be hired by a Contractor for work on Aviation Authority's premises prior to such employee having tested negative for drugs. In addition, existing employees of the Contractor must be subject to drug testing by the Contractor upon reasonable suspicion of drug use. Results of all such drug tests are to be retained by the Contractor. Copies shall be provided to the Aviation Authority, if requested.
The Contract that ultimately results from this solicitation is a “covered transaction” as defined by Title 2 CFR Part 180. By selecting "Confirm" the Bidder certifies, by submission of this Bid or acceptance of this Contract, that neither it nor its Principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded by any Federal department or agency from participation in this transaction. It further agrees that by submitting this Bid that, if it is the successful Bidder, it will comply with Title 2 CFR Part 1200 and Title 2 CFR Part 180, Subpart C by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction.”
By selecting 'Confirm", Bidder certifies, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction,” will verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this Federally assisted project. The successful bidder shall accomplish this by: (i) Checking the System for Award Management at website: http://www.sam.gov, (ii) Collecting a certification statement similar to the previous Certificate of Bidder Regarding Debarment and Suspension, above, and (iii) Inserting a clause or condition in the covered transaction with the lower tier contract.
If the FAA later determines that a lower tier participant failed to disclose to a higher tier participant that they were excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedy, including suspension and debarment of the non-compliant participant.
Any entity or individual placed on the Owner’s Debarment List pursuant to the Owner’s Policy, Section 130.04, may not provide any goods or services to the Owner, on behalf of the Owner, or on the Owner’s property, regardless of whether there is a contractual relationship with the Owner. You may request a copy of the Owner’s Debarment List for your review at the following email: debarmentlist@goaa.org. The successful bidder hereby certifies that neither it nor its subcontractors or subconsultants, of any tier, is on the Owner’s Debarment List at any time during performance under this Contract.
By selecting "Confirm", Bidder certifies that:
By selecting "Confirm", Bidder represents that it is not precluded from submitting a bid under Section 287.133(2)(a), which provides 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 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 set forth in Florida Statutes s.287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.
By selecting "Confirm", the Bidder represents that it is not precluded from submitting a bid or proposal under Section 287.134, which provides as follows: An entity or affiliate who has been placed on the discriminatory vendor list 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 unless that entity or affiliate has been removed from the list pursuant to Florida law.
In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving” (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving” (12/30/2009), FAA encourages recipients of Federal grant funds to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. The Contractor must promote and conduct workplace safety initiatives for employees and other work personnel in a manner commensurate with the size of the business, such as:
By selecting "Confirm, the Bidder certifies that, if awarded, will insert this “Texting When Driving” language in each third party subcontract involved on this project.
By selecting "Confirm", the Bidder represents that neither it nor its affiliates have had their Certificate of Qualification suspended, revoked or denied by the FDOT, or determined by the FDOT to be a non-responsible contractor.
The Bidder agrees that, if awarded a Contract resulting from this Solicitation, it will incorporate this provision for certification in all lower tier subcontracts.
If a Bidder responds in the affirmative to either of the below representations, the Bidder is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government’s interests. The Bidder therefore must provide information to the Owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District Office, which will then notify the agency’s SDO to facilitate completion of the required considerations before award decisions are made.
Term Definitions for this Certification:
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select one
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By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant Contract, the Offeror:
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, §1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.
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 an Offeror or subcontractor:
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.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.
By selecting "Confirm", Bidder certifies that all charges, fees, etc... are included in the Pricing Table(s). Additionally, I acknowledge that charges, fees, etc... not disclosed in this/these Price Table(s) will not be accepted by the Aviation Authority.
By selecting "Confirm" I hereby acknowledge that I have reviewed revisions and all answers to questions published and any addenda up until the solicitation closing date/time and have given consideration to all information in preparing the response to this solicitation.
Delivery address:
Greater Orlando Aviation Authority
Procurement Services
5855 Cargo Rd., Orlando, FL 32827
26-614-IFB; Taxiway E & F Rehabilitation and Related Improvements at MCO - Phase I (BP-00514)
Deadline: 2:00 pm EST on Tuesday, May 5, 2026.
Please download the below document, complete, and upload.
Please download the below document, complete, and upload.
Upload (a) copy/copies of the following license(s) / certification(s):
General Contractor’s license
Has the Respondent successfully completed, as a prime contractor, a minimum of 2 recent, similar and verifiable airfield projects within 5 years from the solicitation release date, with a minimum value of $8,000,000 per project?
Provide your response in this format:
Provide your response in this format:
Provide your response in this format:
Provide your response in this format:
Select Yes if any applies.
The Prime Contractor should provide qualifications of all subcontractors who intend to perform Airfield Lighting work.
Provide your response in this format:
The Prime Contractor should provide qualifications of all subcontractors who intend to perform Concrete Pavement work.
Provide your response in this format:
The Prime Contractor should provide qualifications of all subcontractors who intend to perform Asphalt Pavement work.
Provide your response in this format:
Enter number only
File must be edited to be project specific. (For example: add Alternates). The base form is located in 8. Forms on the F drive. This file has to be added in the Vendor Questionnaire for the Bidder to fill out and upload.
Write number only
Number only
Enter number only. (This statement in in 20-03 Time of Completion)
Enter number only. (This verbiage is in 20-04 Liquidated Damages.)
Enter number only. (This verbiage is also in 20-04 Liquidated Damages)
Enter number only, no % sign.
Write Number only, no % sign.
Enter number only. (This verbiage is in 20-13 Bid Security)
if so, PA to add drb spec section
Enter number only.
Enter letter only
Enter letter only
Enter letter only
Enter letter only
Enter letter only
Enter number only
Enter number only
Enter number only
Enter number only
Enter number only
that we need to know if their sub's experience (previous Qualifications Form)
Previously required in the Qualifications Form
If so, confirm that the sample agreement is included as an attachment.
(only needed for space in the terminals, not needed for space in the trailers or sub row or other spaces managed by E/C)
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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