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TABLE OF CONTENTS

FRONT END DOCUMENTS 

Instruc­tion to Bid­ders.….….….….….….….….….….….….….….….….….….….….…… Pages 1 to 4

BID DOC­U­MENTS

Attach­ment 1 – Con­struc­tion Con­tract.….….….….….….….….….….….….….….…… Pages 1 to 4

Attach­ment 2 – Con­tract Bid Pro­pos­al Form.….….….….….….….….….….….….…… Pages 1 to 4

Attach­ment 3 – Spe­cial Con­di­tions.….….….….….….….….….….….….….….….…… Pages 1 to 13

Attach­ment 4 – Gen­er­al Con­di­tions.….….….….….….….….….….….….….….….…. Pages 1 to 15

Attach­ment 5 – Bid Bond Form.….….….….….….….….….….….….….….….….….….. Pages 1 to 2

Attach­ment 6 – Pay­ment and Per­for­mance Bond Forms .….….….….….….….….… Pages 1 to 8

Attach­ment 7 – Mis­cel­la­neous Forms.….….….….….….….….….….….….….….….….….….….….. 

Bid Affi­davit.….….….….….….….….….….….….….….….….….….….….….….….… Pages 1 to 1

Non-Col­lu­sion Affi­davit.….….….….….….….….….….….….….….….….….….…… Pages 1 to 1

Pub­lic Enti­ty Crimes State­ment.….….….….….….….….….….….….….….….….… Pages 1 to 3

Dis­ad­van­taged Busi­ness Enter­prise Pro­gram.….….….….….….….….….….….… Pages 1 to 4

Month­ly Report of Sub­con­trac­tor Par­tic­i­pa­tion.….….….….….….….….….….… Pages 1 to 4

Davis Bacon Cer­ti­fi­ca­tion.….….….….….….….….….….….….….….….….….….…. Pages 1 to 1

Drug Free Work­place Cer­ti­fi­ca­tion.….….….….….….….….….….….….….….…… Pages 1 to 1

Cer­ti­fi­ca­tion of Non-Seg­re­gat­ed Facil­i­ties.….….….….….….….….….….….….…. Pages 1 to 1

Buy Amer­i­can Cer­tifi­cate.….….….….….….….….….….….….….….….….….….…. Pages 1 to 1

Trench Safe­ty Act Cer­ti­fi­ca­tion.….….….….….….….….….….….….….….….….… Pages 1 to 1

Attach­ment 8 – Qual­i­fi­ca­tions Forms.….….….….….….….….….….….….….….….…. Pages 1 to 7

INVI­TA­TION TO BID

MIT­I­GA­TION IMPLE­MEN­TA­TION PROJECT 

at

North­west Flori­da Beach­es Inter­na­tion­al Airport 
6300 West Bay Parkway 
Pana­ma City, Flori­da 32409 
Phone: 8507636751

April 122020

Bid Sub­mit­tal

Sealed bids, sub­ject to the con­di­tions here­in, will be received until 2:00pm, Cen­tral Day­light Time, on Thurs­day, May 7, 2020 at the Board Room for the North­west Flori­da Beach­es Inter­na­tion­al Air­port, 6300 West Bay Park­way, 2nd Floor, Air­port Ter­mi­nal, Pana­ma City, Flori­da 32409, (850) 7636751, at which time bids will be pub­licly opened and read, for fur­nish­ing all labor and mate­ri­als and per­form­ing all work con­nect­ed with the Mit­i­ga­tion Imple­men­ta­tion project.

Gen­er­al Scope of Work

The WORK includes pro­vid­ing all labor, mate­ri­als, machin­ery, tools, equip­ment, and oth­er means of imple­men­ta­tion nec­es­sary and inci­den­tal to the com­ple­tion of the WORK at the North­west Flori­da Beach­es Inter­na­tion­al Air­port (NWF­BIA) Mit­i­ga­tion Area (MIT­I­GA­TION AREA). Imple­men­ta­tion of mit­i­ga­tion WORK and all asso­ci­at­ed WORK under the CON­TRACT shall be per­formed in accor­dance with the MIT­I­GA­TION PLAN dat­ed Octo­ber 2006, pro­vi­sions con­tained with­in the CON­TRACT, and all items found with­in the CON­TRACT Fig­ures, Tables, and Tech­ni­cal Drawings.

The WORK under the CON­TRACT shall include, but not be lim­it­ed to, per­form­ing all WORK described in the Project Man­u­al Sec­tions 2.0 – Pre­scribed Burn­ing and 3.0 – Option­al Work.

Bid­ders are eli­gi­ble to sub­mit bids on all the work described in accor­dance with the Project Man­u­al — Quan­ti­ties, Pric­ing, and Data section.

Bid­ders shall be indi­vid­u­als or firms that can pro­vide pre­scribed fire man­age­ment, roller chop­ping, and fire­line ser­vices as spec­i­fied by the Dis­trict. Con­trac­tor shall pro­vide all labor, inci­den­tal mate­ri­als, equip­ment, tools, trans­porta­tion and sup­plies required to com­plete the work. Ser­vices include, but are not lim­it­ed to, pre­scribed fire plan­ning and imple­men­ta­tion, roller chop­ping work, fire-line estab­lish­ment, main­te­nance and reha­bil­i­ta­tion, post burn mop-up and mon­i­tor­ing, and, if need­ed, wild­fire sup­pres­sion. Firms must be able to pro­vide their own equip­ment and not be depen­dent on FFS stand­by. Pre­scribed Burn­er Cer­ti­fi­ca­tion by the State of Flori­da For­est Ser­vice and com­pli­ance with Cer­ti­fied Burn­er Statutes is required.

Con­trac­tor must be avail­able to respond to any issues that may arise after the Contractor’s pre­scribed burn is com­plete. These issues could include: smoke man­age­ment, mop-ups, post- burn mon­i­tor­ing needs or escapes. This response must occur with­in the same day of con­tact by FFS or Air­port rep­re­sen­ta­tives, and must include the appro­pri­ate per­son­nel, equip­ment or con­tin­gency measures.

Bid­ding and Project Documents 

Offi­cial copies of the Bid­ding and Project Doc­u­ments and Bid Pack­age are avail­able for down­load from the Airport’s web­site and may be inspect­ed at: 

Admin­is­tra­tion Offices

North­west Flori­da Beach­es Inter­na­tion­al Airport

2nd Floor Air­port Terminal

6300 West Bay Parkway,

Pana­ma City, Flori­da 32409

(850) 7636751

Nei­ther the Own­er nor its Rep­re­sen­ta­tive shall assume any respon­si­bil­i­ty for errors or mis­in­ter­pre­ta­tions result­ing from the use of incom­plete sets of Bid and Project Documents.

No pre-pro­pos­al meet­ing will be held.

Pre-Bid Site Visit 

It is the respon­si­bil­i­ty of each Bid­der before sub­mit­ting a Bid Pro­pos­al to exam­ine thor­ough­ly the Project Doc­u­ments to vis­it the con­struc­tion site and become famil­iar with the exist­ing conditions.

The project sites are locat­ed at the NWF­BIA Mit­i­ga­tion Area in south­ern Bay Coun­ty, Flori­da, which is acces­si­ble from CR-388. The site is divid­ed into three main parcels. Par­cel 1 con­sists of approx­i­mate­ly 1,706 acres locat­ed direct­ly south of NWF­BIA site on CR-388 and sit­u­at­ed between Burnt Mill Creek and Crooked Creek. Par­cel 2 is com­prised of approx­i­mate­ly 6,215 acres locat­ed just south of CR 388 and east of Burnt Mill Creek. Par­cel 3 con­sists of approx­i­mate­ly 1,688 acres locat­ed south of the Gulf Pow­er plant dis­charge canal. The project sites are locat­ed with­in secure fenc­ing out­side the air­port and can be accessed Fri­day, April 17, 2020 between 9:00am and Noon CDT from the pub­lic road sys­tem. It is request­ed that you noti­fy Mar­tin Gawron­s­ki at ERC, 8502301882, pri­or to any site inspec­tions. A 4‑wheel vehi­cle is strong­ly rec­om­mend­ed, and all site inspec­tions are at the bidder’s own risk and dam­ages caused by any site vis­it will be the respon­si­bil­i­ty of the prospec­tive bidder.

Pro­posed Schedule

April 122020

Release of Invi­ta­tion To Bid.

April 172020

Date avail­able for site vis­it – between 9:00am — Noon.

May 72020

Bids due pri­or to 2:00pm. Open­ing will occur at this time.*

May 272020

Request for Board autho­riza­tion of contract.*

Octo­ber 12020

Antic­i­pat­ed start date.

*Denotes a pub­lic meet­ing. All meet­ings will be held at Air­port Board Room, Pana­ma City, Flori­da, and all times denote Local Time.

Ques­tions

Ques­tions may be sub­mit­ted in writ­ten form to the Owner’s Rep­re­sen­ta­tive at the fol­low­ing address dur­ing the bid peri­od between 8:00am and 5:00pm CDT via email or fax or mail up and until 5:00pm CDT, Mon­day, April 27, 2020, after which time no ques­tions or clar­i­fi­ca­tions will be received.

Fred­er­ick J. Mellin, Jr.

Mit­i­ga­tion Imple­men­ta­tion Project Representative

North­west Flori­da Beach­es Inter­na­tion­al Airport

6300 West Bay Park­way, Box A

Pana­ma City, Flori­da 32409

(850) 7636751

Or by email to: Rick.​Mellin@​zhaintl.​com

It is pre­ferred that all com­mu­ni­ca­tions with the airport’s con­tact be in writ­ten form. How­ev­er, if ver­bal com­mu­ni­ca­tions are uti­lized, writ­ten con­fir­ma­tion of any ver­bal response shall dic­tate. All con­tact shall be doc­u­ment­ed and any response giv­en shared with all poten­tial bid­ders by addendum.

Adden­dum

Should revi­sions to the bid­ding and project doc­u­ments become nec­es­sary, adden­da infor­ma­tion will be pro­vid­ed to those inter­est­ed bid­ders who have request­ed an offi­cial copy of the Con­tract Doc­u­ments and Bid Pack­age. The last date for issuance of a final adden­dum will be on or before Wednes­day, April 29, 2020 by 5:00pm CDT.

Bid Pro­pos­al Documents 

The bid pro­pos­al must be made on the forms pro­vid­ed with the con­tract doc­u­ments and sub­mit­ted in the num­ber of copies indi­cat­ed in the bid forms. All blank spaces shall be filled in and no inter­lin­eations, alter­ations, or era­sures of the text shall be made. Bid­ders must sup­ply all required infor­ma­tion pri­or to the time of bid openings.

Par­tial or incom­plete bid pro­pos­als will not be con­sid­ered. Each bid pro­pos­al shall show the full legal name and busi­ness address of the Bid­der, includ­ing its street address if it dif­fers from its mail­ing address and shall be signed with the usu­al sig­na­ture of the per­son or per­sons autho­rized to bind the Bid­der and shall be dated.

The prepa­ra­tion of a bid pro­pos­al shall be by and at the expense of the Bidder.

Bid pro­pos­als shall be pub­licly opened and read. If a Bidder’s pro­pos­al con­tains a dis­crep­an­cy between bid prices writ­ten in words and bid prices writ­ten in num­bers, the price writ­ten in words shall govern.

Bid Secu­ri­ty

Guar­an­tee will be required with each bid as a cer­ti­fied check on a sol­vent bank or a bid bond in the amount of five (5) per­cent of the total amount of the bid, made payable to the Pana­ma City – Bay Coun­ty Air­port and Indus­tri­al District.

Bond­ing Requirements 

The suc­cess­ful bid­der will be required to fur­nish sep­a­rate per­for­mance and pay­ment bonds each in an amount equal to 100% of the con­tract price.

Per­for­mance and Pay­ment Securities 

The suc­cess­ful Bid­der shall deliv­er to the Own­er or the Owner’s Autho­rized Rep­re­sen­ta­tive no lat­er than ten (10) cal­en­dar days after con­tract award and pri­or to com­menc­ing the Work or enter­ing the Project Site, a Per­for­mance and Pay­ment Bond in the form sup­plied in the bid and project doc­u­ments and exe­cut­ed, as sure­ty, by a cor­po­ra­tion accept­able to the Own­er and autho­rized to issue such bonds in the juris­dic­tion of Bay Coun­ty, Flori­da. Such Per­for­mance Bond and Pay­ment Bond shall each be for one hun­dred per­cent (100%) of the total as set forth in Bidder’s pro­pos­al. The cost of such Per­for­mance Bond and Pay­ment Bond shall be includ­ed in the Guar­an­teed Max­i­mum Price sub­mit­ted in the Bidder’s Proposal.

Insur­ance Certificates 

The suc­cess­ful Bid­der shall deliv­er to the Own­er or the Owner’s Autho­rized Rep­re­sen­ta­tive no lat­er than ten (10) cal­en­dar days after con­tract award and pri­or to com­menc­ing the Work or enter­ing the Project Site, cer­tifi­cates of insur­ance, in the form sup­plied in the bid and project doc­u­ments and exe­cut­ed, attest­ing to the fact that the poli­cies of insur­ance required by the Bid and Project Doc­u­ments have been obtained.

Sales and Use Taxes 

Work under this con­tract is sub­ject to the pro­vi­sions of Chap­ter 212, Flori­da Statutes, Tax on State, Use and Oth­er Trans­ac­tions. Oth­er state, local or fed­er­al tax­es may be applic­a­ble. The Bid­der is respon­si­ble to remit to the appro­pri­ate gov­ern­men­tal enti­ty all applic­a­ble tax­es. Any applic­a­ble tax shall be includ­ed in the total bid price by Bid­der. Own­er is a pub­lic body and eli­gi­ble for cer­tain sales tax exemp­tions and intends to imple­ment a Sales Tax Sav­ings Pro­gram and the suc­cess­ful Bid­der shall be oblig­at­ed to com­ply with such a program.

The suc­cess­ful Bid­der shall coor­di­nate with the Own­er rel­a­tive to the direct pur­chase of major mate­r­i­al items by the Own­er when applicable.

Award of Contract 

After con­sid­er­a­tion of price and oth­er fac­tors, the con­tract will be award­ed to the Bid­der whose bid pro­pos­al is deter­mined to be the low­est respon­sive and respon­si­ble Bid­der as deter­mined by the Owner.

Own­er reserves the right, as the inter­est of the Own­er may require, to reject any or all bid pro­pos­als and to waive any infor­mal­i­ty in Bid Pro­pos­als received.

If the Own­er intends to accept the suc­cess­ful Bidder’s Pro­pos­al and enter into the Con­tract with them, Bid­der acknowl­edges and agrees that unless and until the Own­er exe­cutes the con­tract and returns the exe­cut­ed copy to the Bid­der, no con­tract or agree­ment between the Own­er and the Bid­der shall exist. If the Own­er fails to exe­cute the con­tract with­in thir­ty (30) cal­en­dar days of the bid open­ing, the con­tract will be deemed with­drawn and Bid­der shall be released from its Bid Pro­pos­al. The Own­er shall issue a Notice to Pro­ceed (NTP), in accor­dance with Flori­da law, with­in thir­ty (30) cal­en­dar days of the Owner’s exe­cu­tion of the contract.

Bidder’s Return of Documents 

All bid and project doc­u­ments which are the prop­er­ty of the Own­er shall be returned by the unsuc­cess­ful Bid­ders to the address shown in the bid pro­pos­al invi­ta­tion to which the bid pro­pos­als were sub­mit­ted or destroyed.

ATTACH­MENTS

Attach­ment 1 – Con­struc­tion Con­tract Form

Attach­ment 2 – Con­trac­tor Bid Pro­pos­al Form Quan­ti­ties, Pric­ing, and Data”

Attach­ment 3 – Spe­cial Con­di­tions to the Contract 

Attach­ment 4 – Gen­er­al Con­di­tions to the Contract 

Attach­ment 5 – Bid Bond Form

Attach­ment 6 – Pay­ment and Per­for­mance Bond Forms

Attach­ment 7 – Mis­cel­la­neous Forms

Attach­ment 8 – Qual­i­fi­ca­tions Forms

PROJECT DOC­U­MENTS

ECP Mit­i­ga­tion Imple­men­ta­tion Project Man­u­al – List of Documents

Scope of Work and Tech­ni­cal Specifications

Appen­dix A – Fig­ures and Tables

  • · Fig­ure 1 – Air­port Mit­i­ga­tion Man­age­ment Units
  • · Table 1 – Pre­scribed Burn Tasks

Appen­dix B – Sup­port­ing Material

  • · Gener­ic Pre­scribed Burn Plan

Appen­dix C – Permits

  • · FDEP Wet­land Resource Per­mit and Ecosys­tem Man­age­ment Agree­ment #03 – 0212186-004-DF
  • · U.S. Army Corps of Engi­neers (USACE) Sec­tion 404 Per­mit # SAJ-2001 – 5264 (IP-GAH)
  • · Pana­ma City – Bay Coun­ty Inter­na­tion­al Air­port Relo­ca­tion Final Mit­i­ga­tion Plan

NORTH­WEST FLORI­DA BEACH­ES INTER­NA­TION­AL AIRPORT

PANA­MA CITYBAY COUN­TY AIR­PORT AND INDUS­TRI­AL DISTRICT

CON­STRUC­TION CONTRACT

Con­trac­tor: (TBD)

Address: (TBD)

Con­tact: (TBD)

Tele­phone: (TBD)

Fac­sim­i­le: (TBD)

Con­tact Title: Mit­i­ga­tion Imple­men­ta­tion Project

Work Loca­tion: North­west Flori­da Beach­es Inter­na­tion­al Airport

Own­er: Pana­ma City – Bay Coun­ty Air­port and Indus­tri­al District

Address: 6300 West Bay Parkway

Pana­ma City Beach, FL 32409

Tele­phone: (850) 7636751

This con­struc­tion con­tract (here­inafter the Con­tract”) is effec­tive as of the ___ day of 

_________________, 2020 between Own­er and the above named Con­trac­tor who here­by agree that all Work spec­i­fied below shall be per­formed by the Con­trac­tor in accor­dance with all pro­vi­sions of this Con­tract, con­sist­ing of the fol­low­ing Project Documents:

  1. 1. Con­tract Form of Agree­ment, along with all adden­da issued pri­or to exe­cu­tion of this Con­tract and mod­i­fi­ca­tions issued after exe­cu­tion of this Con­tract, includ­ing but not lim­it­ed to duly issued Change Notices/​Orders (as such term is defined in the Gen­er­al Con­di­tions) and Amendments.
  2. 2. Exhib­it A” – Bid Pro­pos­al Form dat­ed _________, Gen­er­al Con­di­tions, Spe­cial Conditions
  3. 3. Exhib­it B” – Scope of Work: ECP Mit­i­ga­tion Imple­men­ta­tion Project Manual
  4. 4. Exhib­it C” – Instruc­tions to Bid­ders dat­ed April 122020

Con­trac­tor shall com­mence the Work with­in ten (10) cal­en­dar days after the Notice to Pro­ceed is issued by the Own­er, which shall be issued with­in nine­ty (30) cal­en­dar days (or such longer peri­od of time the Own­er and Con­trac­tor may mutu­al­ly agree to in writ­ing) of the exe­cu­tion of this Con­tract, Own­er shall issue a Notice to Pro­ceed to Contractor.

The Owner’s issuance of the Notice to Pro­ceed is express­ly con­di­tioned upon the sat­is­fac­tion of the fol­low­ing con­di­tion precedents:

  1. 1. The Per­for­mance Bond has been deliv­ered and is accept­able to the Owner,
  2. 2. The Pay­ment Bond has been deliv­ered and is accept­able to the Owner,
  3. 3. The Insur­ance Cer­tifi­cate has been deliv­ered and is accept­able to the Owner,
  4. 4. A Project Sched­ule for the Work has been deliv­ered and is accept­able to the Own­er, and
  5. 5. A Sched­ule of Val­ues for the Work has been deliv­ered and is accept­able to the Owner.

Own­er shall deter­mine, in its sole dis­cre­tion, whether these con­di­tion prece­dents have been sat­is­fied, shall be final and bind­ing on the Con­trac­tor. Should Own­er deter­mine that all such con­di­tion prece­dents have not been sat­is­fied (or oth­er­wise waived in writ­ing by Own­er, in its sole dis­cre­tion), then Own­er may send Con­trac­tor writ­ten notice that Own­er has elect­ed to ter­mi­nate this Con­tract, in which event this Con­tract shall auto­mat­i­cal­ly be ter­mi­nat­ed and nei­ther par­ty shall have any fur­ther lia­bil­i­ty or oblig­a­tion here­un­der what­so­ev­er to the oth­er par­ty. In the event of any such ter­mi­na­tion pri­or to issuance of the Notice to Pro­ceed, Con­trac­tor acknowl­edges and agrees that it shall not be enti­tled to and Own­er shall not be liable for any pay­ments to Con­trac­tor aris­ing out of or relat­ing to this Contract.

Work to Be Performed: Except as spec­i­fied else­where in the con­tract, Con­trac­tor shall fur­nish all plant; labor; mate­ri­als; tools; sup­plies; equip­ment; trans­porta­tion; super­vi­sion; safe­ty; tech­ni­cal; pro­fes­sion­al; and oth­er ser­vices; and shall per­form all oper­a­tions nec­es­sary and required to sat­is­fac­to­ri­ly accom­plish the Work all strict­ly in accor­dance with all require­ments of the Bid and Project Documents.

Secu­ri­ty: If award­ed a Con­tract, under­signed may be required to obtain secu­ri­ty clear­ance and SIDA badges for all work­ers on site. 

Sched­ule: The Work shall be per­formed and com­plet­ed with­in one (1) year of the date of the Notice to Pro­ceed, which should occur on or around Octo­ber 1, 2020, and in accor­dance to the Project Sched­ule accept­ed by the Own­er as a prece­dent to the issuance of the Notice to Proceed. 

Com­pen­sa­tion: As full con­sid­er­a­tion for the sat­is­fac­to­ry per­for­mance by Con­trac­tor of this Con­tract, Own­er shall pay to Con­trac­tor com­pen­sa­tion in accor­dance with the prices set forth in the Bid Pro­pos­al” includ­ed in Exhib­it A’ and the pay­ment pro­vi­sions of the Project Documents.

Pay­ment Procedures

The suc­cess­ful Bid­der shall be required as a pre-req­ui­site of the Notice to Pro­ceed to pro­vide the Own­er a Sched­ule of Val­ues”, a state­ment allo­cat­ing por­tions of the Con­tract Price to var­i­ous por­tions of the Work and used as the basis for review­ing Contractor’s Appli­ca­tion for Pay­ment”. Only a Contractor’s Appli­ca­tion for Pay­ment that cor­re­sponds direct­ly with the Sched­ule of Val­ues” approved by the Own­er or its rep­re­sen­ta­tive will be accept­able for pay­ment consideration. 

The Con­trac­tor shall sub­mit three (3) signed and nota­rized orig­i­nal copies of each Appli­ca­tion of Pay­ment (AIA Doc­u­ment G702 and G703) on a month­ly basis for Work com­plet­ed and/​or stored to date along with waivers of lien, sched­ule updates and oth­er per­ti­nent infor­ma­tion. The Owner’s Rep­re­sen­ta­tive will review the Appli­ca­tion for Pay­ment, eval­u­ate the sta­tus of the Work and rec­om­mend the amount to be autho­rized for pay­ment less 10% retained by the Own­er until the project is complete. 

The amount autho­rized for pay­ment will be made to the Con­trac­tor by the Own­er with­in forty-five (45) days of the date of the Appli­ca­tion of Pay­ment. Retained amounts shall be released to the Con­trac­tor with­in thir­ty (30) cal­en­dar days of final accep­tance of the Work by the Own­er or its representative.

Insur­ance: The Con­tac­tor shall pro­cure and main­tain the fol­low­ing described insur­ance, except for coverage(s) specif­i­cal­ly waived by Own­er, on poli­cies and with insur­ers accept­able to Own­er. These insur­ance require­ments shall not lim­it the lia­bil­i­ty of Contractor. 

The insur­ance coverage(s) and lim­its required of Con­trac­tor under this Con­tract are designed to meet the min­i­mum require­ments of Own­er and the Own­er does not rep­re­sent these types or amounts of insur­ance to be suf­fi­cient or ade­quate to pro­tect the Contractor’s inter­ests or lia­bil­i­ties. Con­trac­tor alone shall be respon­si­ble to the suf­fi­cien­cy of its own insur­ance program.

The Con­trac­tor and the Contractor’s sub­con­trac­tors and sub-sub­con­trac­tors shall be sole­ly respon­si­ble for all of their prop­er­ty, includ­ing but not lim­it­ed to any mate­ri­als, tem­po­rary facil­i­ties, equip­ment and vehi­cles, and for obtain­ing ade­quate and appro­pri­ate insur­ance cov­er­ing any dam­age or loss to such prop­er­ty. The Con­trac­tor and the Contractor’s sub­con­trac­tors and sub-sub­con­trac­tors shall express­ly waive any claim against the Own­er aris­ing out of or relat­ing to any dam­age or loss of such prop­er­ty, even if such dam­age or loss is due to the fault or neglect of the Own­er or any­one for whom the Own­er is respon­si­ble. The Con­trac­tor is oblig­at­ed to include, or cause to be includ­ed, pro­vi­sions sim­i­lar to this para­graph in all of the Contractor’s sub­con­tracts and its subcontractor’s con­tracts with their sub-subcontractors.

The Contractor’s deductibles/​self insur­ance retention’s must be dis­closed to Own­er and are sub­ject to Owner’s approval. The Con­trac­tor is respon­si­ble of the amount of any deductible or self-insured reten­tion. Any deductible or reten­tion applic­a­ble to any claim or loss shall be the respon­si­bil­i­ty of Con­trac­tor and shall not be greater than $25,000, unless oth­er­wise agreed to, in writ­ing, by Owner.

Insur­ance required of the Con­trac­tor or any oth­er insur­ance of the Con­trac­tor shall be con­sid­ered pri­ma­ry, and insur­ance of Own­er shall be con­sid­ered excess, as may be applic­a­ble to claims or loss­es which arise out of or relate to the Work or this Project.

  1. Work­ers’ Com­pen­sa­tion and Employ­ers’ Lia­bil­i­ty Insur­ance Cov­er­age: The Con­trac­tor shall pur­chase and main­tain work­ers’ com­pen­sa­tion and employ­ers’ lia­bil­i­ty insur­ance for all employ­ees engaged in the Work, in accor­dance with the laws of the State of Flori­da. Lim­its of cov­er­age shall not be less than:

$500,000 Lim­it Each Accident

$500,000 Lim­it Dis­ease Aggregate

$250,000 Lim­it Dis­ease Each Employee

  1. Com­mer­cial Gen­er­al Lia­bil­i­ty Cov­er­age: Con­trac­tor shall pur­chase and main­tain com­mer­cial gen­er­al lia­bil­i­ty insur­ance on a full occur­rence form. Cov­er­age shall include, but not be lim­it­ed to, Premis­es and Oper­a­tions, Per­son­al Injury, Con­trac­tu­al for this Con­tract, Inde­pen­dent Con­trac­tors, Broad Form Prop­er­ty Dam­age, Prod­ucts and Com­plet­ed Oper­a­tion Lia­bil­i­ty Coverage(s) and shall not exclude cov­er­age for the X” (Explo­sion), C” (Col­lapse) and U” (Under­ground) Prop­er­ty Dam­age Lia­bil­i­ty expo­sures. Lim­its of cov­er­age shall not be less than:

$1,000,000 Com­bined Sin­gle Lim­it Each Occurrence

$2,000,000 Aggre­gate Limit

Con­trac­tor shall add Own­er as an addi­tion­al insured through the use of Insur­ance Ser­vice Office Endorse­ments No. CG 20.20.22.85 word­ing or equiv­a­lent, or broad­er, an exe­cut­ed copy of which shall be attached to or incor­po­rat­ed by ref­er­ence on the Cer­tifi­cate of Insur­ance to be pro­vid­ed by Con­trac­tor pur­suant to the require­ments of the Project Documents.

  1. Busi­ness Auto­mo­bile Lia­bil­i­ty Cov­er­age: The Con­trac­tor shall pur­chase and main­tain Busi­ness Auto­mo­bile Lia­bil­i­ty Insur­ance as to own­er­ship, main­te­nance, use, load­ing and unload­ing of all of Contractor’s owned, non-owned, leased, rent­ed or hired vehi­cles with lim­its not less than:

$1,000,000 Com­bined Sin­gle Lim­it Each Accident

  1. Excess or Umbrel­la Lia­bil­i­ty Cov­er­age: Con­trac­tor shall pur­chase and main­tain Excess Umbrel­la Lia­bil­i­ty Insur­ance or Excess Lia­bil­i­ty Insur­ance on a full occur­rence form pro­vid­ing the same con­tin­u­ous coverage(s) as required for the under­ly­ing Com­mer­cial Gen­er­al, Busi­ness Auto­mo­bile and Employ­ers’ Lia­bil­i­ty Coverage(s) with no gaps in con­ti­nu­ity of coverage(s) or lim­its with Own­er added by endorse­ment to the pol­i­cy as an addi­tion­al insured in the same man­ner as is required under the pri­ma­ry poli­cies, and shall not be less than: 

$4,000,000 Each Occurrence/​Accident

This Con­tract embod­ies the entire agree­ment between Own­er and Con­trac­tor and super­sedes all oth­er writ­ings. The par­ties shall not be bound by or be liable for any state­ment, rep­re­sen­ta­tion, promise, induce­ment, or under­stand­ing not set forth herein.

OWN­ER CONTRACTOR

Pana­ma City – Bay Coun­ty Air­port (TBD)

and Indus­tri­al District

By: By:

Autho­rized Authorized 

Sig­na­ture: _________________________ Sig­na­ture: __________________________

Print Name: _______________________ Print Name: ________________________ 

Pana­ma City – Bay Coun­ty Air­port and Indus­tri­al District 

North­west Flori­da Beach­es Inter­na­tion­al Airport

Mit­i­ga­tion Imple­men­ta­tion Project

Con­trac­tor Bid Pro­pos­al Form Quan­ti­ties, Pric­ing, and Data”

1.0 GEN­ER­AL

The WORK to be per­formed by CON­TRAC­TOR com­pris­es the fur­nish­ing of all pro­fes­sion­al and tech­ni­cal ser­vices, labor, equip­ment, and mate­ri­als (except equip­ment and mate­ri­als spec­i­fied as fur­nished by oth­ers), and all oth­er func­tions and oper­a­tions includ­ing, but not lim­it­ed to, per­mit review and com­pre­hen­sion, relat­ed ser­vices, and sur­vey­ing as nec­es­sary and required to accom­plish the Mit­i­ga­tion Imple­men­ta­tion WORK all strict­ly in accor­dance with all require­ments of the CON­TRACT and Pana­ma City – Bay Coun­ty Inter­na­tion­al Air­port Relo­ca­tion Final Mit­i­ga­tion Plan (MIT­I­GA­TION PLAN). The major WORK items and approx­i­mate min­i­mum quan­ti­ties involved in the one-year Scope of Work include: 9,609 acres of Mit­i­ga­tion Area loca­tion and 2,415 acres of pre­scribed burns with­in the Mit­i­ga­tion Area.

Bid­ders shall bid on the major WORK item. Bid­ders may bid on alter­nate bid cri­te­ria asso­ci­at­ed with the major WORK item.

2.0 TOTAL ESTI­MAT­ED CON­TRACT PRICE

The Total Esti­mat­ed CON­TRACT Price for per­form­ing the WORK as set forth in the CON­TRACT Doc­u­ments con­sists of a com­bi­na­tion of unit price and lump sum price items. The break­down of the Total Esti­mat­ed CON­TRACT Price is shown in the attached Bid Sheet1.

3.0 SCHED­ULE OF QUAN­TI­TIES AND PRICING

The unit rates and lump sum prices set forth in Bid Sheet 1 are in U.S. dol­lars and are inclu­sive of the WORK TO BE PER­FORMED as set forth in Sec­tion 1 (above).

The quan­ti­ties shown in Bid Sheet 1 are esti­mat­ed quan­ti­ties only and pay­ment will be made for the num­ber of units of WORK com­plet­ed and mea­sured in accor­dance with the Mea­sure­ment for Pay­ment pro­vi­sions. The CON­TRAC­TOR shall not be enti­tled to an adjust­ment of any of the unit prices aris­ing out of any vari­a­tion between the esti­mat­ed quan­ti­ty for any units of WORK and the final quan­ti­ties for such units mea­sured in accor­dance with the terms of this CON­TRACT. Addi­tion­al­ly, CON­TRAC­TOR shall be paid based on a slid­ing scale in an amount equal to the sum of unit price times quan­ti­ties for each sep­a­rate­ly iden­ti­fied unit price WORK completed.

The Pay Item descrip­tions in Bid Sheet 1 are not intend­ed to reflect the com­plete scope of WORK. Each unit price includes an amount to cov­er the CONTRACTOR’s over­head and prof­it for each sep­a­rate­ly iden­ti­fied item. If a part of the WORK, as defined and spec­i­fied in the Scope of Work and Tech­ni­cal Spec­i­fi­ca­tions sec­tion, is not specif­i­cal­ly shown as a Pay Item in the Bid Sheet, it is deemed to be includ­ed in one of the exist­ing Pay Items and the CON­TRAC­TOR shall have no basis for claim in the event such WORK is performed.

The OWN­ER reserves and shall have the right to make such alter­ations in the WORK as may be nec­es­sary or desir­able to com­plete the WORK orig­i­nal­ly intend­ed in an accept­able man­ner. Such alter­ations may include but are not lim­it­ed to the trans­fer of WORK and quan­ti­ties between tasks.

The CON­TRAC­TOR may not make a Claim against the OWN­ER for excess or defi­cien­cy in unit price quan­ti­ties pro­vid­ed in the CON­TRACT. Pay­ment at prices stat­ed in the CON­TRACT is in full for the com­plet­ed WORK. CON­TRAC­TOR is not enti­tled to addi­tion­al pay­ment for MATE­RI­ALS, sup­plies, labor, tools, machin­ery, and any oth­er expen­di­tures inci­den­tal to sat­is­fac­to­ry com­ple­tion of the work.

4.0 ADJUST­MENTS

All prices are fixed for the dura­tion of the CON­TRACT and are not sub­ject to esca­la­tion for any cause.

Pay­ment of the total CON­TRACT Price shall con­sti­tute full pay­ment for per­for­mance of the WORK and cov­ers all costs of what­ev­er nature incurred by the CON­TRAC­TOR in accom­plish­ing the WORK in accor­dance with the pro­vi­sions of the CONTRACT.

CON­TRAC­TOR shall main­tain all WORK in progress until it is accept­ed. CON­TRAC­TOR shall repair, rework, or replace as nec­es­sary any WORK dam­aged or lost due to nor­mal wear and tear, antic­i­pat­ed events, or con­di­tions with­in its con­trol. No sep­a­rate pay­ment shall be made for such main­te­nance costs which are deemed includ­ed in the orig­i­nal CON­TRACT price. Any fail­ure to main­tain the WORK shall be con­sid­ered a defect in accor­dance with the Gen­er­al Conditions.

5.0 OPTION­AL WORK

The OWN­ER reserves the right to add Option­al WORK to this CON­TRACT. Such WORK, Bid Alter­nates 14, is fur­ther defined in the State­ment of Work and Tech­ni­cal Spec­i­fi­ca­tion sec­tion, and may be added to this CONTRACT.

BID SHEET 1. PRE­SCRIBED BURN­ING AND RELAT­ED ACTIVITIES

Item #

Spec. #

Item Descrip­tion

Unit

Esti­mat­ed Quantity

Aver­age Unit Price ($)

Total Price ($)

2

2.0

Pre­scribed Burn­ing – 2020 – 2021

AC

2,415

Total Burn­ing Acreage Quantity

AC

2,415

Sum­ma­ry: Total Base Bid $_________________________

Alter­nate Bid Items

Item #

Spec. #

Item Descrip­tion

Unit

Esti­mat­ed Quantity

Aver­age Unit Price ($)

Total Price ($)

Alt. 1

3a

Treat­ment of Inva­sive Species

SF

<500

SF

5005,000

SF

5,00012,000

SF

>12,000

Alt. 2

3b, 2.0

Pre­scribed Burn­ing (ground ignition)

AC

<100

AC

100 – 500

AC

5001000

AC

1000 – 2500

AC

>2500

Pre­scribed Burn­ing (aer­i­al ignition)

AC

<100

AC

100 – 500

AC

5001000

AC

1000 – 2500

AC

>2500

Alt. 3

3c

Refresh Exist­ing Firebreaks

AC

<1

AC

1 – 5

AC

6 – 10

AC

>10

Alt. 4

3d

Mechan­i­cal Treat­ment (roller chop, Gyro-trac, etc.)

AC

<100

AC

100 – 400

AC

400 – 600

AC

>600

*AC = per Acre, SF = per Square Foot

Activ­i­ties in the Pre­scribed Burn­ing item descrip­tions above are inclu­sive of all ser­vices described in the tech­ni­cal spec­i­fi­ca­tions shown for the item description.


I cer­ti­fy that this bid is made with­out sub­se­quent under­stand­ing, agree­ment, or con­nec­tion with any cor­po­ra­tion, firm, or per­son sub­mit­ting a bid for the work indi­cat­ed above and is in all respects fair and with­out col­lu­sion or fraud. I agree to abide by all con­di­tions of this bid and cer­ti­fy that I am autho­rized to sign this bid for the Bid­der and that the Bid­der is in com­pli­ance with all require­ments of the Request for Bids.

___________________________ ­­­­­­­­­_________________________

Bid­der Sig­na­ture Date

___________________________ ­­­­­­­­­_________________________

Bid­der Name (Print or Type) Com­pa­ny Name

___________________________ ­­­­­­­­­_________________________

Bid­der Title Address

(_____)_____________________ ­­­­­­­­­_________________________

Tele­phone Num­ber City State Zip

(_____)_____________________ ­­­­­­­­­_________________________

Fax Num­ber E‑mail address

_____________________________________________________ ­­­­­­­­

Fed­er­al Employ­ers Iden­ti­fi­ca­tion (FEID#) (Use SS# of no FEID#) 


SPE­CIAL CON­DI­TIONS

SC1 Def­i­n­i­tions

When­ev­er the fol­low­ing terms are used, the intent and mean­ing shall be inter­pret­ed as follows: 

AIR OPER­A­TIONS AREA (AOA) means any area of the air­port used or intend­ed to be used for the land­ing, take­off, or sur­face maneu­ver­ing of air­craft includ­ing paved and unpaved areas that are used or intend­ed to be used for the unob­struct­ed move­ment of air­craft in addi­tion to its asso­ci­at­ed run­way, taxi­ways and/​or aprons. 

AIR­PORT TICK­ET OFFICE (ATO) means any area of the air­port ter­mi­nal used or intend­ed to be used for the tick­et­ing and bag­gage check for pas­sen­gers. This area includes staff work and break areas. 

CAL­EN­DAR DAY means every day shown on the calendar. 

CHANGE ORDER means a writ­ten order to the Con­tac­tor signed by Own­er and its rep­re­sen­ta­tive cov­er­ing changes in the plans, spec­i­fi­ca­tions, or pro­posed quan­ti­ties and estab­lish­ing a basis of pay­ment and con­tract time adjust­ment, if any, for the work affect­ed by such changes. 

CON­TRACT DOC­U­MENTS mean all the writ­ten and drawn doc­u­ments com­pris­ing the Con­tract for the Project. 

CON­TACT SCHED­ULE means the Work exe­cu­tion sched­ule devel­oped by Con­tac­tor and approved by Own­er for imple­men­ta­tion of the Work. 

CON­TRAC­TOR means the indi­vid­ual, part­ner­ship, Lim­it­ed Lia­bil­i­ty Com­pa­ny or cor­po­ra­tion, its autho­rized rep­re­sen­ta­tives, suc­ces­sors, and per­mit­ted assigns as iden­ti­fied in the Contract. 

FAA means the Fed­er­al Avi­a­tion Admin­is­tra­tion of the U.S. Dept. of Transportation. 

INSPEC­TOR means autho­rized rep­re­sen­ta­tive of Own­er assigned to make all nec­es­sary inspec­tions and/​or tests of the work per­formed or being per­formed, or the mate­ri­als fur­nished or being fur­nished by Contractor. 

JOB­SITE means the des­ig­nat­ed site for the Project where the Work will be per­formed by the Contractor. 

NOTICE TO PRO­CEED (NTP) means a writ­ten notice to Con­trac­tor to begin the actu­al work for the des­ig­nat­ed por­tion there­of by a spec­i­fied date and date on which the Con­tract begins. 

OWN­ER means Pana­ma City – Bay Coun­ty Air­port and Indus­tri­al Dis­trict dba North­west Flori­da Beach­es Inter­na­tion­al Airport. 

OWNER’S REP­RE­SEN­TA­TIVE means the des­ig­nat­ed agent of the Own­er to admin­is­ter this Con­tract for the Own­er, which shall be the Own­er, unless a change is pro­vid­ed by writ­ten notice from Own­er to Contractor. 

PROJECT means the scope of work (Work) under this Mit­i­ga­tion Imple­men­ta­tion Project at North­west Flori­da Beach­es Inter­na­tion­al Air­port (ECP), Pana­ma City Beach, Florida. 

SPEC­I­FI­CA­TIONS mean a part of the Invi­ta­tion to Bid con­tain­ing the writ­ten direc­tions and require­ments for com­plet­ing the Con­tract Work. 

WORK means all the stat­ed or implied activ­i­ties to be per­formed by Con­trac­tor as required by the Project Documents. 

SC2 Insur­ance

The Con­tac­tor shall pro­cure and main­tain the fol­low­ing described insur­ance, except for coverage(s) specif­i­cal­ly waived by Own­er, on poli­cies and with insur­ers accept­able to Own­er. These insur­ance require­ments shall not lim­it the lia­bil­i­ty of Contractor. 

The insur­ance coverage(s) and lim­its required of Con­trac­tor under this Invi­ta­tion to Bid are designed to meet the min­i­mum require­ments of Own­er and the Own­er does not rep­re­sent these types or amounts of insur­ance to be suf­fi­cient or ade­quate to pro­tect the Contractor’s inter­ests or lia­bil­i­ties. Con­trac­tor alone shall be respon­si­ble to the suf­fi­cien­cy of its own insur­ance program. 

The Con­trac­tor and the Contractor’s sub­con­trac­tors and sub-sub­con­trac­tors shall be sole­ly respon­si­ble for all of their prop­er­ty, includ­ing but not lim­it­ed to any mate­ri­als, tem­po­rary facil­i­ties, equip­ment and vehi­cles, and for obtain­ing ade­quate and appro­pri­ate insur­ance cov­er­ing any dam­age or loss to such prop­er­ty. The Con­trac­tor and the Contractor’s sub­con­trac­tors and sub-sub­con­trac­tors shall express­ly waive any claim against the Own­er aris­ing out of or relat­ing to any dam­age or loss of such prop­er­ty, even if such dam­age or loss is due to the fault or neglect of the Own­er or any­one for whom the Own­er is respon­si­ble. The Con­trac­tor is oblig­at­ed to include, or cause to be includ­ed, pro­vi­sions sim­i­lar to this para­graph in all the Contractor’s sub­con­tracts and its subcontractor’s con­tracts with their sub-subcontractors. 

The Contractor’s deductibles/­self-insur­ance retention’s must be dis­closed to Own­er and are sub­ject to Owner’s approval. The Con­trac­tor is respon­si­ble of the amount of any deductible or self-insured reten­tion. Any deductible or reten­tion applic­a­ble to any claim or loss shall be the respon­si­bil­i­ty of Con­trac­tor and shall not be greater than $25,000, unless oth­er­wise agreed to, in writ­ing, by Owner. 

Insur­ance required of the Con­trac­tor or any oth­er insur­ance of the Con­trac­tor shall be con­sid­ered pri­ma­ry, and insur­ance of Own­er shall be con­sid­ered excess, as may be applic­a­ble to claims or loss­es which arise out of or relate to the Work or this Project. 

A. Work­ers’ Com­pen­sa­tion and Employ­ers’ Lia­bil­i­ty Insur­ance Cov­er­age: The Con­trac­tor shall pur­chase and main­tain work­ers’ com­pen­sa­tion and employ­ers’ lia­bil­i­ty insur­ance for all employ­ees engaged in the Work, in accor­dance with the laws of the State of Flori­da. Lim­its of cov­er­age shall not be less than: 

$500,000 Lim­it Each Accident 

$500,000 Lim­it Dis­ease Aggregate 

$250,000 Lim­it Dis­ease Each Employee 

B. Com­mer­cial Gen­er­al Lia­bil­i­ty Cov­er­age: Con­trac­tor shall pur­chase and main­tain com­mer­cial gen­er­al lia­bil­i­ty insur­ance on a full occur­rence form. Cov­er­age shall include, but not be lim­it­ed to, Premis­es and Oper­a­tions, Per­son­al Injury, Con­trac­tu­al for this Con­tract, Inde­pen­dent Con­trac­tors, Broad Form Prop­er­ty Dam­age, Prod­ucts and Com­plet­ed Oper­a­tion Lia­bil­i­ty Coverage(s) and shall not exclude cov­er­age for the X” (Explo­sion), C” (Col­lapse) and U” (Under­ground) Prop­er­ty Dam­age Lia­bil­i­ty expo­sures. Lim­its of cov­er­age shall not be less than: 

$1,000,000 Com­bined Sin­gle Lim­it Each Occurrence 

$2,000,000 Aggre­gate Limit 

Con­trac­tor shall add Own­er as an addi­tion­al insured through the use of Insur­ance Ser­vice Office Endorse­ments No. CG 20.20.22.85 word­ing or equiv­a­lent, or broad­er, an exe­cut­ed copy of which shall be attached to or incor­po­rat­ed by ref­er­ence on the Cer­tifi­cate of Insur­ance to be pro­vid­ed by Con­trac­tor pur­suant to the require­ments of the Project Documents. 

C. Busi­ness Auto­mo­bile Lia­bil­i­ty Cov­er­age: The Con­trac­tor shall pur­chase and main­tain Busi­ness Auto­mo­bile Lia­bil­i­ty Insur­ance as to own­er­ship, main­te­nance, use, load­ing and unload­ing of all of Contractor’s owned, non-owned, leased, rent­ed or hired vehi­cles with lim­its not less than: 

$1,000,000 Com­bined Sin­gle Lim­it Each Accident 

D. Excess or Umbrel­la Lia­bil­i­ty Cov­er­age: Con­trac­tor shall pur­chase and main­tain Excess Umbrel­la Lia­bil­i­ty Insur­ance or Excess Lia­bil­i­ty Insur­ance on a full occur­rence form pro­vid­ing the same con­tin­u­ous coverage(s) as required for the under­ly­ing Com­mer­cial Gen­er­al, Busi­ness Auto­mo­bile and Employ­ers’ Lia­bil­i­ty Coverage(s) with no gaps in con­ti­nu­ity of coverage(s) or lim­its with Own­er added by endorse­ment to the pol­i­cy as an addi­tion­al insured in the same man­ner as is required under the pri­ma­ry poli­cies, and shall not be less than: 

$4,000,000 Each Occurrence/​Accident

SC3 Own­er Fur­nished Draw­ings and Spec­i­fi­ca­tions

Owner’s Rep­re­sen­ta­tive will fur­nish spec­i­fi­ca­tions and/​or design draw­ings of the Project for each part of the Work under this con­tract. Such draw­ings and spec­i­fi­ca­tions will give the infor­ma­tion required for the prepa­ra­tion of shop detail draw­ings by Contractor. 

Con­trac­tor shall, upon receipt there­of, check prompt­ly all spec­i­fi­ca­tions and/​or draw­ings fur­nished and shall noti­fy Owner’s Rep­re­sen­ta­tive and Own­er of any omis­sions or dis­crep­an­cies in such spec­i­fi­ca­tions or draw­ings found. 

All spec­i­fi­ca­tions and/​or draw­ings for the Work are iden­ti­fied as the Pas­sen­ger Board­ing Bridges (PBB). Should any adden­da be issued or oth­er mod­i­fi­ca­tions to the spec­i­fi­ca­tions and/​or draw­ings occur pri­or to NTP of the con­tract, Owner’s Rep­re­sen­ta­tive will pre­pare a con­sol­i­dat­ed and con­formed set of spec­i­fi­ca­tions and/​or draw­ings marked Issued for Bid” and issued by Owner’s Rep­re­sen­ta­tive. Con­trac­tor shall per­form the Work in accor­dance with the Issued for Bid” spec­i­fi­ca­tions and/​or draw­ings. Con­trac­tor shall imme­di­ate­ly review the Issued for Con­struc­tion” spec­i­fi­ca­tions and/​or draw­ings and prompt­ly noti­fy the Owner’s Rep­re­sen­ta­tive and Own­er in writ­ing if Con­trac­tor believes any­thing in the Issued for Bid” spec­i­fi­ca­tions and/​or draw­ings rep­re­sents a mate­r­i­al change from what was reflect­ed in the bid doc­u­ments, adden­da, and changes/​modifications there­after accept­ed by the Con­trac­tor with the Con­tract and pri­or to the NTP and iden­ti­fy any effects on cost and schedule. 

SC4 Own­er Fur­nished Util­i­ties, Facil­i­ties, Mate­ri­als and Equip­ment

Own­er will not fur­nish to Con­trac­tor any util­i­ties, facil­i­ties, mate­ri­als and/​or equip­ment. Own­er shall des­ig­nate in the Project Doc­u­ments or in writ­ten form to Contractor’s request for such des­ig­na­tion the loca­tion where Con­trac­tor facil­i­ties for stor­age may be tem­porar­i­ly placed. 

SC5 Per­mits

Any required per­mits shall be pro­vid­ed by Con­trac­tor. Except as oth­er­wise spec­i­fied, Con­trac­tor shall pro­cure and pay for all per­mits, licens­es, cer­ti­fi­ca­tions and oth­er applic­a­ble gov­ern­ing author­i­ty require­ments and inspec­tions, oth­er than inspec­tion per­formed by the Own­er or its rep­re­sen­ta­tive and shall fur­nish any doc­u­men­ta­tion, bonds, secu­ri­ty, or deposits required to per­mit per­for­mance of the Work. Own­er shall sub­mit draw­ings and spec­i­fi­ca­tions to Bay Coun­ty Builder Ser­vices to ini­ti­ate review and expe­dite review process. Con­trac­tor, upon award, shall imme­di­ate­ly fol­low up, sub­mit, secure, pro­cure and pay for required permits. 

SC6 Con­trac­tor Fur­nished Draw­ings, Data and Sam­ples

Owner’s Rep­re­sen­ta­tive and Owner’s per­mis­sion to pro­ceed with the Work does not con­sti­tute accep­tance or approval of sub­mit­tals includ­ing, but not lim­it­ed to, design details, cal­cu­la­tions, analy­ses, test meth­ods, con­struc­tion meth­ods, cer­tifi­cates or mate­ri­als devel­oped or select­ed by Con­trac­tor and does not relieve Con­trac­tor from full com­pli­ance with the Con­tract Doc­u­ments. Draw­ings required of the Con­trac­tor if not specif­i­cal­ly iden­ti­fied in the spec­i­fi­ca­tions shall include draw­ings for fab­ri­ca­tion of Con­trac­tor fur­nished equip­ment or mate­ri­als, instal­la­tion of Con­trac­tor fur­nished equip­ment or mate­ri­als, plan­ning and per­for­mance of the Work under this con­tract, mate­r­i­al sam­ples, mate­r­i­al cer­tifi­cates and oth­er appro­pri­ate data. 

DRAW­INGS: All draw­ings required to be sub­mit­ted by Con­trac­tor shall be cer­ti­fied by Con­trac­tor to be cor­rect, shall show the con­tract num­ber and shall be fur­nished in accor­dance with the con­tract draw­ings and data require­ments and forms. The Owner’s Rep­re­sen­ta­tive or its rep­re­sen­ta­tive shall review Contractor’s draw­ings and a repro­ducible draw­ing marked with one of the fol­low­ing codes will be returned to Contractor: 

  1. Reviewed, No Comments, 
  1. Reviewed, Com­ments as Not­ed (Work May Proceed), 
  1. Reject­ed, Revise and Resubmit, 
  1. No Review Required. 

All draw­ings sub­mit­ted by Con­trac­tor shall be sub­mit­ted to the Owner’s Rep­re­sen­ta­tive for review at least thir­ty (30) cal­en­dar days before fab­ri­ca­tion, instal­la­tion, or per­for­mance is com­menced and at Contractor’s expense. 

SAM­PLES: All sam­ples required to be sub­mit­ted by Con­trac­tor shall be cer­ti­fied by Con­trac­tor to be rep­re­sen­ta­tive of mate­ri­als to be incor­po­rat­ed in the Work, shall show the con­tract num­ber and shall be fur­nished in accor­dance with the con­tract draw­ings and data require­ments and forms. All sam­ples sub­mit­ted by Con­trac­tor shall be sub­mit­ted to the Owner’s Rep­re­sen­ta­tive for review at least fif­teen (15) cal­en­dar days before mate­ri­als are incor­po­rat­ed into the Work and at Contractor’s expense. The Owner’s Rep­re­sen­ta­tive or its rep­re­sen­ta­tive shall review the sam­ple and return the Contractor’s sub­mit­tal form marked as not­ed for drawings. 

CER­TIFI­CATES AND DATA: Where cer­tifi­cates are required, one (1) copy of each cer­tifi­cate and one (1) com­put­er file of same shall be sub­mit­ted by and at the expense of Con­trac­tor. Such sub­mit­tal shall be made not less than thir­ty (30) cal­en­dar days pri­or to the time that the mate­ri­als rep­re­sent­ed by such cer­tifi­cates are need­ed for incor­po­ra­tion into the Work. Cer­tifi­cates shall be sub­ject to review and mate­r­i­al rep­re­sent­ed by such cer­tifi­cates shall not be fab­ri­cat­ed, deliv­ered to the Job­site or incor­po­rat­ed into the Work with­out such review. 

Cer­tifi­cates shall clear­ly iden­ti­fy the mate­r­i­al being cer­ti­fied and shall include, but not be lim­it­ed to, pro­vid­ing the fol­low­ing infor­ma­tion: Contractor’s name, project name, con­tract num­ber, name of item, manufacturer’s name, and ref­er­ence to the appro­pri­ate draw­ing, tech­ni­cal spec­i­fi­ca­tion sec­tion and para­graph num­ber, all as applicable. 

AS-BUILT DRAW­INGS AND SPEC­I­FI­CA­TIONS: Dur­ing con­struc­tion, Con­trac­tor shall keep a cur­rent marked-up con­trolled set of as-built draw­ings on the Job­site as an accu­rate record of all devi­a­tions between work as shown on the draw­ings and work as installed. These draw­ings shall be avail­able to the Owner’s Rep­re­sen­ta­tive, Own­er or their rep­re­sen­ta­tives for inspec­tion at any time dur­ing reg­u­lar busi­ness hours. Con­trac­tor shall at its expense and no lat­er than thir­ty (30) cal­en­dar days after final accep­tance and before final pay­ment fur­nish to the Owner’s Rep­re­sen­ta­tive a com­plete set of signed marked-up as-built repro­ducible (bond paper) draw­ings with As-Built” clear­ly print­ed on each sheet and a PDF elec­tron­ic copy of same. Con­trac­tor will keep a cur­rent marked-up con­trolled set of as-built spec­i­fi­ca­tions on the Job­site anno­tat­ed to clear­ly indi­cate all sub­sti­tu­tions that are incor­po­rat­ed into the Work. Where the selec­tion of more than one prod­uct is spec­i­fied, anno­ta­tion shall show which prod­uct was installed. 

SC7 Com­mence­ment, Progress, Com­ple­tion of the Work and Project Sched­ule

Con­trac­tor shall com­plete the Work under this Invi­ta­tion to Bid with­in six (6) months of Notice to Pro­ceed unless oth­er­wise nego­ti­at­ed, and approved, by the Owner. 

Con­trac­tor will pro­vide, in a form accept­able to Own­er and/​or its rep­re­sen­ta­tive, a project sched­ule in suf­fi­cient detail to clear­ly out­line the Work to be per­formed under this Con­tract and mile­stone dates for major work events such as the start and com­ple­tion of major com­po­nents of the Project, as one of the pre­req­ui­sites to issuance of the Notice to Pro­ceed after the exe­cu­tion of the Con­tract. The Owner’s Rep­re­sen­ta­tive shall review the Project Sched­ule and shall accept, accept with com­ment, or reject with com­ment. Con­trac­tor shall revise the sched­ule as required by the Owner’s Rep­re­sen­ta­tive and resub­mit until accepted. 

Con­trac­tor shall peri­od­i­cal­ly update the Project Sched­ule as required and no less than week­ly to sup­port the pay-appli­ca­tion to prompt­ly reflect the progress of the Work. Should any of the work not be per­formed as indi­cat­ed and be lat­er than orig­i­nal­ly planned to per­form, a recov­ery plan shall be pre­sent­ed to the Own­er or its rep­re­sen­ta­tive for approval. 

SC8 Tem­po­rary Access and Haul Roads

Access to Secured Areas will be grant­ed in accor­dance with the Owner’s TSA-approved Air­port Secu­ri­ty Pro­gram. Haul roads and routes will be iden­ti­fied dur­ing a sched­uled pre-con­struc­tion meet­ing with the Contractor. 

SC9 Safe­ty, Health and Secu­ri­ty Require­ments

Con­trac­tor will com­ply with all applic­a­ble fed­er­al, state and local laws, ordi­nances, statutes, rules, reg­u­la­tions, orders or decrees, includ­ing the Air­port Safe­ty Pro­gram and oth­er rules and reg­u­la­tions adopt­ed by Own­er, in effect at the time the Work under this Con­tract is per­formed shall apply to Con­trac­tor and its employ­ees, rep­re­sen­ta­tive, its sub­con­trac­tors, sub-sub­con­trac­tors, mate­r­i­al sup­pli­ers and oth­ers under Contractor’s Con­tract for the Work. 

SC-10 Applic­a­ble Law

This con­tract shall be gov­erned by and con­strued in accor­dance with the laws of State of Flori­da exclud­ing its con­flict of law rules which may apply the laws of any oth­er juris­dic­tion, and each par­ty here­to agrees not to assert as a defense in any pro­ceed­ing that it is not sub­ject to the laws of State of Florida. 

SC-11 Invoic­ing and Pay­ment

Con­trac­tor shall pre­pare and sub­mit invoic­es month­ly or at some oth­er pre-approved inter­val with esti­mates sub­mit­ted for review by Own­er and its rep­re­sen­ta­tive at least ten (10) cal­en­dar days pri­or to for­mal sub­mit­tal peri­od for review and field inspec­tion to ver­i­fy esti­mat­ed pay­ment amounts request­ed. Fol­low­ing review and Owner’s and its representative’s approvals, Con­trac­tor will sub­mit invoice (form as spec­i­fied in the Project Doc­u­ments) for pay­ment. Own­er pays Con­trac­tor undis­put­ed amounts sub­mit­ted and approved, in accor­dance with the terms of the Project Doc­u­ments, with­in forty-five (45) days of the date of sub­mis­sion of the sub­mit­ted invoice. 

Con­trac­tor shall cer­ti­fy in each invoice that no known out­stand­ing mechanic’s or mate­r­i­al-men liens and all due and payable bills have been paid or are includ­ed in the appli­ca­tion for payment. 

Each invoice shall be accom­pa­nied by a sub­mis­sion of infor­ma­tion regard­ing Dis­ad­van­taged Busi­ness Enter­prise (DBE) goals and accom­plish­ments dur­ing the peri­od cov­ered by the pay­ment appli­ca­tion using the for­mat pro­vid­ed by OWN­ER. CONTRACTOR’S pay­ment appli­ca­tion shall include the amounts autho­rized for pay­ment to each DBE firm and its cer­ti­fi­ca­tion num­ber. Fail­ure to sub­mit DBE-relat­ed infor­ma­tion with the request for pay­ment will result in the pay­ment appli­ca­tion being returned to the CON­TRAC­TOR for correction. 

Own­er shall retain ten per­cent (10%) of that por­tion of the gross amount of each pay­ment request sub­mit­ted to Own­er for pay­ment, until fifty per­cent (50%) com­ple­tion of the Work. Own­er reserves the right, at its sole dis­cre­tion, to fur­ther release any potion of such retainage pri­or to final pay­ment and pri­or to such release, require Con­trac­tor to sub­mit for itself, its sub­con­trac­tors of all tiers, and all mate­r­i­al sup­pli­ers, ven­dors, labor­ers and oth­er par­ties act­ing through or under it, com­plete waivers and releas­es of all claims against Own­er or its rep­re­sen­ta­tive aris­ing under or by virtue of this Con­tract to the extent of pay­ments made and Con­trac­tor, upon request by Own­er or its rep­re­sen­ta­tive, shall in addi­tion fur­nish accept­able evi­dence that all such claims have been satisfied. 

Any amounts oth­er­wise payable under this Con­tract may be with­held, in whole or in part, to the extent rea­son­ably nec­es­sary to pro­tect Owner’s inter­est, if any claims are filed against Own­er for which Con­trac­tor is or may become liable, Con­trac­tor is in mate­r­i­al default of any Con­tract con­di­tion includ­ing, but not lim­it­ed to, the sched­ule, qual­i­ty assur­ance and health and safe­ty require­ments, Con­trac­tor has not sub­mit­ted a Project Sched­ule or required updates or prop­er insur­ance cer­tifi­cates and con­tin­u­ous coverage(s) as required by the Project Doc­u­ments and proof there­of of any required Per­for­mance and Pay­ment Bonds, any adjust­ments that are due from pre­vi­ous over­pay­ment or audit results, or off­sets in favor of Own­er in oth­er trans­ac­tions are assert­ed. Own­er will pay such with­held pay­ments if Con­trac­tor pays, sat­is­fies or dis­charges any claim of Own­er against Con­trac­tor under or by virtue of this Con­tract or cures all defaults in the per­for­mance of this Contract. 

Con­trac­tor agrees to pay each of its sub­con­trac­tors under this con­tract for sat­is­fac­to­ry per­for­mance of its sub­con­tract no lat­er than ten (10) days from the receipt of each pay­ment Con­trac­tor receives from Own­er except any applic­a­ble retainage required by Own­er of Contractor. 

Own­er shall make final pay­ment to Con­trac­tor in accor­dance with Sec­tion 218.735, Fla. Stat. fol­low­ing Final Accep­tance of the Work and after sub­mit­tal of such final invoice, pro­vid­ed that Con­trac­tor shall have fur­nished Own­er or its rep­re­sen­ta­tive for itself, its sub­con­trac­tors of all tiers, and all mate­r­i­al sup­pli­ers, ven­dors, labor­ers and oth­er par­ties act­ing through or under it, waivers and releas­es of all claims against Own­er aris­ing under or by virtue of this Con­tract, except such claims, if any, as may with the con­sent of Own­er be specif­i­cal­ly except­ed by Con­trac­tor from the oper­a­tion of the release in stat­ed amounts to be set forth therein. 

SC-12 Owner’s Rep­re­sen­ta­tive

Own­er has des­ig­nat­ed a Rep­re­sen­ta­tive to act for and on behalf of Own­er for car­ry­ing out cer­tain con­tract activ­i­ties as express­ly des­ig­nat­ed here­in and may, by con­tract change order, mod­i­fy its rep­re­sen­ta­tive author­i­ty, replace the rep­re­sen­ta­tive or dis­pense with the representative’s ser­vices with­out reliev­ing Con­trac­tor of any of its oblig­a­tions under this Con­tract. Con­trac­tor acknowl­edges and agrees that the Owner’s Rep­re­sen­ta­tive has no author­i­ty to autho­rize or approve changes to the Contract. 

Own­er, after con­sul­ta­tion with the Owner’s Rep­re­sen­ta­tive, shall decide any and all ques­tions which may arise as to the qual­i­ty and accept­abil­i­ty of mate­ri­als fur­nished, work per­formed, and as to the mat­ter of per­for­mance and rate of progress of the Work. Own­er, after con­sul­ta­tion with the Owner’s Rep­re­sen­ta­tive shall decide all ques­tions which may arise as to the inter­pre­ta­tion of the spec­i­fi­ca­tions and draw­ings relat­ing to the Work, the ful­fill­ment of the con­tract on the part of Con­trac­tor, and the rights of dif­fer­ent con­trac­tors on the Project. Own­er, after con­sul­ta­tion with the Owner’s Rep­re­sen­ta­tive shall deter­mine the amount and qual­i­ty of the sev­er­al kinds of work per­formed and mate­ri­als fur­nished which are to be paid for under this contract. 

SC-13 Nondis­clo­sure

Con­trac­tor agrees not to divulge to third par­ties, with­out the writ­ten con­sent of Own­er, any infor­ma­tion obtained from or through Own­er or its rep­re­sen­ta­tive in con­nec­tion with the per­for­mance of this Con­tract unless the infor­ma­tion is (1) known to Con­trac­tor pri­or to obtain­ing the same from Own­er or its rep­re­sen­ta­tive, (2) dis­closed to Con­trac­tor in the pub­lic domain, or (3) obtained by Con­trac­tor from a third par­ty who did not receive same, direct­ly or indi­rect­ly from Own­er or its rep­re­sen­ta­tive and who has no oblig­a­tion of secre­cy with respect thereto. 

SC-14 Dis­pute Res­o­lu­tion

In the event of a dis­pute between the par­ties aris­ing out of or relat­ing to their respon­si­bil­i­ties under this Con­tract, the par­ty claim­ing the dis­pute shall pro­vide the oth­er par­ty prompt­ly writ­ten notice of such dis­pute, as required by the terms of the Con­tract. The par­ties here­by agree that they shall first nego­ti­ate dis­pute to resolve the dis­pute in good faith in an attempt to pre­vent the need for medi­a­tion or lit­i­ga­tion. Accord­ing­ly, with­in sev­en (7) cal­en­dar days of receipt of the ini­tial writ­ten dis­pute notice, the par­ties shall com­mence dis­cus­sions between the on-site project man­agers. In the event the par­ties are unable to reach a res­o­lu­tion of the dis­pute with­in sev­en (7) cal­en­dar days after such com­mence­ment of the dis­cus­sions between the on-site man­agers, the par­ties shall com­mence dis­cus­sions between Contractor’s Pres­i­dent and the Owner’s Exec­u­tive Direc­tor. In the event that such par­ties are unable to reach a res­o­lu­tion of the dis­pute with­in four­teen (14) cal­en­dar days after such com­mence­ment of the dis­cus­sions between the Pres­i­dent and Exec­u­tive Direc­tor, the par­ties shall sub­mit the dis­pute to non-bind­ing medi­a­tion before a mutu­al­ly agreed medi­a­tor who shall con­duct such medi­a­tion pro­ceed­ings. All costs of medi­a­tion shall be shared equal­ly by the par­ties, except that each par­ty shall be respon­si­ble for its own attorney’s fees. 

If the par­ties are unable to resolve the dis­pute through medi­a­tion and lit­i­ga­tion proves nec­es­sary, either par­ty may ini­ti­ate such lit­i­ga­tion. In the event of any such lit­i­ga­tion, the pre­vail­ing par­ty shall be enti­tled to recov­er its rea­son­able attor­neys’ fees and costs through all tri­al and appel­late lev­els of such lit­i­ga­tion. Any lit­i­ga­tion between Own­er and Con­trac­tor (which term for the pur­pos­es of this sub­para­graph shall include Contractor’s sure­ty), whether aris­ing out of any claim or aris­ing out of the Con­tract or any breach there­of, shall be brought, main­tained and pur­sued only in the appro­pri­ate State of Flori­da Courts for Bay Coun­ty, Flori­da, and Own­er and Con­trac­tor each here­by waive and renounce any and all rights and options which they, or either of them, have or might have to bring or main­tain any such lit­i­ga­tion or action in the Fed­er­al Court sys­tem of the Unit­ed States or in any Unit­ed States Fed­er­al Dis­trict Court. Own­er and Con­trac­tor express­ly waive all rights to tri­al by jury regard­ing any such litigation. 

In the event of a dis­pute between the par­ties aris­ing out of or relat­ing to their respon­si­bil­i­ties under this Con­tract, the par­ty claim­ing the dis­pute shall pro­vide the oth­er par­ty prompt­ly writ­ten notice of such dis­pute, as required by the terms of the Con­tract. The par­ties here­by agree that they shall first nego­ti­ate dis­pute to resolve the dis­pute in good faith in an attempt to pre­vent the need for medi­a­tion or lit­i­ga­tion. Accord­ing­ly, with­in sev­en (7) cal­en­dar days of receipt of the ini­tial writ­ten dis­pute notice, the par­ties shall com­mence dis­cus­sions between the on-site project man­agers. In the event the par­ties are unable to reach a res­o­lu­tion of the dis­pute with­in sev­en (7) cal­en­dar days after such com­mence­ment of the dis­cus­sions between the on-site man­agers, the par­ties shall com­mence dis­cus­sions between Contractor’s Pres­i­dent and the Owner’s Exec­u­tive Direc­tor. In the event that such par­ties are unable to reach a res­o­lu­tion of the dis­pute with­in four­teen (14) cal­en­dar days after such com­mence­ment of the dis­cus­sions between the Pres­i­dent and Exec­u­tive Direc­tor, either par­ty may ini­ti­ate such lit­i­ga­tion. In the event of any such lit­i­ga­tion, the pre­vail­ing par­ty shall be enti­tled to recov­er its rea­son­able attor­neys’ fees and costs through all tri­al and appel­late lev­els of such lit­i­ga­tion, includ­ing the fees and costs incurred to lit­i­gate the amount of attorney’s fees and costs due under said action. Any lit­i­ga­tion between Own­er and Con­trac­tor (which term for the pur­pos­es of this sub­para­graph shall include Contractor’s sure­ty), whether aris­ing out of any claim or aris­ing out of the Con­tract or any breach there­of, shall be brought, main­tained and pur­sued only in the appro­pri­ate State of Flori­da Courts for Bay Coun­ty, Flori­da, and Own­er and Con­trac­tor each here­by waive and renounce any and all rights and options which they, or either of them, have or might have to bring or main­tain any such lit­i­ga­tion or action in the Fed­er­al Court sys­tem of the Unit­ed States or in any Unit­ed States Fed­er­al Dis­trict Court. Own­er and Con­trac­tor express­ly waive all rights to tri­al by jury regard­ing any such litigation. 

A com­pa­ny that, at the time of bid­ding or sub­mit­ting a pro­pos­al for a new con­tract or renew­al of an exist­ing con­tract, is on the Scru­ti­nized Com­pa­nies with Activ­i­ties in Sudan List or the Scru­ti­nized Com­pa­nies with Activ­i­ties in the Iran Petro­le­um Ener­gy Sec­tor List, cre­at­ed pur­suant to §215.473, or is engaged in busi­ness oper­a­tions in Cuba or Syr­ia, is inel­i­gi­ble for, and may not bid on, sub­mit a pro­pos­al for, or enter into or renew a con­tract with an agency or local gov­ern­men­tal enti­ty for goods or ser­vices of $1 mil­lion or more. 

SC-15 Liq­ui­dat­ed Dam­ages

Not Applic­a­ble.

SC-16 Drugs, Alco­hol and Weapons

Contractor’s per­son­nel, subcontractor’s per­son­nel at any tier, mate­r­i­al supplier’s per­son­nel or any other’s per­son­nel at any time shall not bring onto the Job­site, or any oth­er loca­tion where the pro­vi­sions of this Con­tract apply any firearm of what­so­ev­er nature or any oth­er object which in the judg­ment of the Own­er or its rep­re­sen­ta­tive is deter­mined to be a poten­tial weapon, or alco­holic bev­er­ages of any nature, ille­gal or Own­er pro­hib­it­ed non-pre­scrip­tion drugs of any nature with­out exception. 

SC-17 Own­er Direct­ed Pur­chase (ODP)

Con­trac­tor agrees that Own­er at its sole elec­tion may have Con­trac­tor assign some or all of its pur­chase orders and sub­con­tracts direct­ly to Own­er in accor­dance with the pro­vi­sions set forth herein. 

Mate­r­i­al sup­pli­ers shall be select­ed by Con­trac­tor using com­pet­i­tive bidding/​proposals. Sup­ply con­tracts shall be award­ed by Con­trac­tor to the sup­pli­er whose bid/​proposal is most advan­ta­geous to Own­er, price and oth­er fac­tors con­sid­ered. Con­trac­tor shall include the price of all mate­ri­als in his bid and shall include all Flori­da State sales and oth­er tax­es nor­mal­ly applic­a­ble to such mate­r­i­al and equip­ment. Own­er may con­sid­er pur­chas­ing any item but does not expect to issue pur­chase orders to less than five thou­sand dol­lars ($5,000.00). Own­er pur­chase of select­ed mate­ri­als and equip­ment will be admin­is­tered on a deduc­tive Change Order basis. 

Con­trac­tor shall pro­vide Own­er a list of all intend­ed sup­pli­ers, ven­dors and mate­r­i­al men for con­sid­er­a­tion as ODP. Con­trac­tor shall sub­mit price quotes from the ven­dors, as well as a descrip­tion of the mate­ri­als to be sup­plied, esti­mat­ed quan­ti­ties and prices. 

Upon request from Own­er, and in a time­ly man­ner, Con­trac­tor shall pre­pare Pur­chas­ing Req­ui­si­tion Request Form which shall, in form and detail accept­able to Own­er, specif­i­cal­ly iden­ti­fy the mate­ri­als which Own­er may, in its dis­cre­tion, elect to pur­chase direct­ly. The Pur­chas­ing Req­ui­si­tion Request Form shall include: 

  1. the name, address, tele­phone num­ber and con­tact per­son for the mate­r­i­al supplier, 
  1. man­u­fac­tur­er or brand, mod­el or spec­i­fi­ca­tion num­ber of the item, 
  1. quan­ti­ty need­ed as esti­mat­ed by Contractor, 
  1. the price quot­ed by the sup­pli­er for the mate­ri­als iden­ti­fied therein, 
  1. any sales tax asso­ci­at­ed with such quote, 
  1. deliv­ery dates as estab­lished by Contractor, 
  1. g. any reduc­tion in Contractor’s cost for both the Pay­ment Bond and Per­for­mance Bond, 
  1. h. ship­ping, han­dling and insur­ance costs, 
  1. i. detail con­cern­ing bonds or let­ters of cred­it pro­vid­ed by the sup­pli­er if includ­ed in his/​her proposal, 
  1. spe­cial terms and con­di­tions which have been nego­ti­at­ed with the sup­pli­er rel­a­tive to pay­ment terms, dis­counts, rebates, war­ran­ty, cred­its or oth­er terms and con­di­tions which revert to Owner. 

Con­trac­tor shall include copies of ven­dors’ quo­ta­tions and specif­i­cal­ly ref­er­ence any terms and con­di­tions, which have been nego­ti­at­ed with the ven­dors con­cern­ing let­ters of cred­it, terms, dis­counts or spe­cial payments. 

After receipt of the Pur­chas­ing Req­ui­si­tion Request Form, Own­er shall pre­pare a Pur­chase Order for all items of mate­r­i­al, which Own­er choos­es to pur­chase direct­ly. The pur­chase order shall be sent to the ven­dor with a copy sent to Con­trac­tor. Pur­suant to the Pur­chase Order, the ven­dor will pro­vide the required quan­ti­ties of mate­r­i­al at the price estab­lished in the vendor’s quote to Con­trac­tor, exclud­ing any sales tax asso­ci­at­ed with such price. The Pur­chase Order shall also require the deliv­ery of the ODP on the deliv­ery dates pro­vid­ed by Con­trac­tor in the Pur­chas­ing Req­ui­si­tion Request Form. 

In con­junc­tion with the exe­cu­tion of the Pur­chase orders by the sup­pli­ers, Con­trac­tor shall exe­cute and deliv­er to Own­er one or more deduc­tive Change Orders, ref­er­enc­ing the full val­ue of all ODP to be pro­vid­ed by each sup­pli­er from whom Own­er elect­ed to pur­chase mate­r­i­al direct­ly, plus all sales tax­es asso­ci­at­ed with such mate­ri­als in Contractor’s bid to Own­er, plus any sav­ings to Con­trac­tor in the cost of Pay­ment and Per­for­mance Bonds asso­ci­at­ed with such ODP. To com­pen­sate Con­trac­tor for the war­ran­ty enforce­ment oblig­a­tion Contractor’s over­head and prof­it asso­ci­at­ed with ODP shall not be deduct­ed from the Contract. 

Con­trac­tor shall be ful­ly respon­si­ble for all mat­ters relat­ing to the pro­cure­ment of mate­ri­als fur­nished by and incor­po­rat­ed into the Project in accor­dance with these Sup­ple­men­tary Con­di­tions includ­ing, but not lim­it­ed to, assur­ing the cor­rect quan­ti­ties, plac­ing the order in a time­ly man­ner, and assur­ing coor­di­na­tion of pur­chas­es, pro­vid­ing and obtain­ing all war­ranties and guar­an­tees required by the Project Doc­u­ments, inspec­tion and accep­tance of the goods at the time of deliv­ery. Con­trac­tor shall coor­di­nate deliv­ery sched­ules, sequence of deliv­ery, load­ing ori­en­ta­tion, and oth­er arrange­ments nor­mal­ly required by Con­trac­tor for the par­tic­u­lar mate­ri­als fur­nished. Con­trac­tor shall pro­vide all ser­vices required for the unload­ing, han­dling and stor­age of mate­ri­als through installation. 

Own­er assumes the risk of loss of mate­ri­als through their incor­po­ra­tion into the installation. 

As ODP are deliv­ered to the Job­site, Con­trac­tor shall visu­al­ly inspect all ship­ments form the sup­pli­ers, and sign off on the receiv­ing reports for mate­r­i­al deliv­ered. Con­trac­tor shall assure that each deliv­ery of ODP is accom­pa­nied by doc­u­men­ta­tion ade­quate to iden­ti­fy the Pur­chase Order against which the pur­chase is made. This doc­u­men­ta­tion may con­sist of a deliv­ery tick­et and an invoice from the sup­pli­er con­form­ing to the Pur­chase Order togeth­er with such addi­tion­al infor­ma­tion as Own­er may require. Con­trac­tor will then for­ward the receiv­ing report to Own­er to match up with invoice for payment. 

Con­trac­tor shall insure that ODP con­form to the Spec­i­fi­ca­tions, and deter­mine pri­or to incor­po­ra­tion in to the Work if such mate­ri­als are patent­ly defec­tive, and whether such mate­ri­als are iden­ti­cal to the mate­ri­als ordered and match the descrip­tion on the bill of lad­ing. If Con­trac­tor dis­cov­ers defec­tive or non-con­for­mi­ties in ODP upon such visu­al inspec­tion, Con­trac­tor shall not uti­lize such non­con­form­ing or defec­tive mate­ri­als in the Work and instead shall prompt­ly noti­fy Own­er of the defec­tive or non­con­form­ing con­di­tion so that repair or replace­ment of those mate­ri­als can occur with­out any undue delay or inter­rup­tion to the Project. If Con­trac­tor fails to per­form such inspec­tion and oth­er­wise incor­po­rates into the work such defec­tive or non­con­form­ing ODP, the con­di­tion of which it either knew or should have known by per­for­mance of an inspec­tion, Con­trac­tor shall be respon­si­ble for all dam­ages to Own­er result­ing from Contractor’s incor­po­ra­tion of such mate­ri­als into the Project includ­ing liq­ui­dat­ed or delay damages. 

Con­trac­tor shall main­tain records of all ODP it incor­po­rates into the Work from the stock of ODP in its pos­ses­sion. Con­trac­tor shall account month­ly to Own­er for any ODP deliv­ered into Contractor’s pos­ses­sion, indi­cat­ing por­tions of all such mate­ri­als which have been incor­po­rat­ed into the Work. 

Con­trac­tor shall be respon­si­ble for obtain­ing and man­ag­ing all war­ranties and guar­an­tees for all mate­ri­als and prod­ucts as required by the Project Doc­u­ments. All repair, main­te­nance or dam­age-repair calls shall be for­ward­ed to Con­trac­tor for res­o­lu­tion with the appro­pri­ate sup­pli­er, ven­dor, or sub­con­trac­tor. Addi­tion­al­ly, ODP items shall be war­rant­ed by Con­trac­tor as part of Contractor’s war­ran­ty. Con­trac­tor agrees and under­stands that it shall under­take all war­ran­ty enforce­ment and oth­er relat­ed duties of Own­er for its ODP equip­ment and mate­ri­als. To that end, Con­trac­tor express­ly agrees it shall make no dis­tinc­tion in dis­charg­ing such war­ran­ty duties between ODP equip­ment and mate­ri­als and equip­ment and mate­ri­als oth­er­wise sup­plied by Contractor. 

Notwith­stand­ing the trans­fer of ODP by Own­er to Contractor’s pos­ses­sion, Own­er shall retain legal and equi­table title to any and all ODP

The trans­fer of pos­ses­sion of ODP from Own­er to Con­trac­tor shall con­sti­tute a bail­ment for the mutu­al ben­e­fit of Own­er and Con­trac­tor. Own­er shall be con­sid­ered the bailor and Con­trac­tor the bailee of the ODP. ODP shall be con­sid­ered returned to Own­er for pur­pos­es of their bail­ment at such time as they are incor­po­rat­ed into the Project. 

Own­er shall pur­chase and main­tain builder’s risk insur­ance suf­fi­cient to pro­tect against any loss of or dam­age to ODP. Such insur­ance shall cov­er the full val­ue of any ODP not yet incor­po­rat­ed into the Project dur­ing the peri­od between the time the Own­er first takes title to any of such ODP and the time when the last of such is incor­po­rat­ed into the Project. Con­trac­tor shall pur­chase and main­tain builder’s risk, all risk, insur­ance based on the com­plet­ed val­ue of Project, less the Owner’s ODP val­ues. Con­trac­tor must name Own­er as addi­tion­al insured on its policy. 

Own­er shall in no way be liable for any inter­rup­tion or delay in the Project, for any defects or oth­er prob­lems with the Project, or for any extra costs result­ing from any delay in the deliv­ery of, or defects in, ODP. Contractor’s sole or exclu­sive rem­e­dy shall be an exten­sion of the Con­tract Time for such rea­son­able time as deter­mined by Own­er or its representative. 

Con­trac­tor shall be required to review invoic­es sub­mit­ted by all sup­pli­ers of ODP deliv­ered to the project site and either con­cur or object to Owner’s issuance of pay­ment to the sup­pli­ers, based upon Contractor’s records of mate­ri­als deliv­ered to the site and any defects detect­ed in such materials. 

In order to arrange for the prompt pay­ment to the sup­pli­er, prompt sub­mit­tal of a copy of the applic­a­ble Pur­chase Order as receiv­ing report, invoic­es, deliv­ery tick­ets, writ­ten accep­tance of the deliv­ered items, and such oth­er doc­u­men­ta­tion as may be rea­son­ably required by Own­er. Upon receipt of the appro­pri­ate doc­u­men­ta­tion, Own­er shall pre­pare a check drawn to the sup­pli­er based upon the data pro­vid­ed. This check will be released and remit­ted direct­ly to the sup­pli­er. Con­trac­tor agrees to assist Own­er to imme­di­ate­ly obtain par­tial or final release of waivers as appropriate. 

At the end of the Project, Con­trac­tor will be pro­vid­ed with a deduc­tive Change Order for the costs incurred by Own­er to pro­vide all ODP, not cov­ered by pre­vi­ous change orders. Sal­vage mate­ri­als shall be stored or removed from the site at Own­er or its representative’s direc­tion or may be turned over to Con­trac­tor by Own­er for sal­vage or dis­pos­al at Owner’s option. 

SC-18 Risk of Loss

Con­trac­tor shall be respon­si­ble for risk of loss or dam­age in progress and all goods fur­nished until Final Accep­tance, includ­ing any loss­es result­ing from inclement weath­er or erosion. 

SC-19 Com­po­nent War­ranties

In addi­tion to the Gen­er­al Con­di­tion title WAR­RAN­TY,” Con­trac­tor shall obtain and pro­vide, for the ben­e­fit of own­er and its suc­ces­sors in inter­est, war­ranties or guar­an­tees for the equip­ment, mate­ri­als, and work fur­nished by sup­pli­ers and sub­con­trac­tors of any tier for the peri­od cus­tom­ar­i­ly pro­vid­ed by the sup­pli­er. Con­trac­tor shall use its best efforts to enforce such low­er-tier war­ranties or guar­an­tees on its own behalf or, if request­ed by Own­er or Owner’s Rep­re­sen­ta­tive, on behalf of Own­er. Con­trac­tor shall pro­vide war­ran­ty doc­u­men­ta­tion by Final Accep­tance or as oth­er­wise required by this contract. 

SC-20 Pro­ce­dures to Min­i­mize Risk to Stormwa­ter Sys­tem and Envi­ron­ment

Con­trac­tor acknowl­edges GC-14 Envi­ron­men­tal Require­ments and will have no sig­nif­i­cant impact on the stormwa­ter sys­tem or envi­ron­ment while com­plet­ing the Work. 

SC-21 Mis­cel­la­neous Fed­er­al Pro­vi­sions

The work per­formed under this Con­tract shall be gov­erned by the fol­low­ing Fed­er­al pro­vi­sions, statutes and regulations: 

Dis­ad­van­taged Busi­ness Enter­prise – 49 CFR Part 26: Con­trac­tor shall car­ry out applic­a­ble require­ments of 49 CFR Part 26 in the award and admin­is­tra­tion of this DOT-assist­ed con­tract. In accor­dance with 49 CFR Part 26.45, the spon­sor has estab­lished a con­tract goal of 3.31% par­tic­i­pa­tion for small busi­ness con­cerns owned and con­trolled by cer­ti­fied social­ly and eco­nom­i­cal­ly dis­ad­van­taged enter­prise (DBE). Con­trac­tor shall make and doc­u­ment good faith efforts, as defined in Appen­dix A of 19 CFR Part 26, to meet his estab­lished goal. 

Davis-Bacon Act, as amend­ed – 29 CFR Part 5: Con­trac­tor is required to com­ply with wage and labor pro­vi­sions and to pay min­i­mum wages in accor­dance with the cur­rent sched­ule of wage rates estab­lished by the Unit­ed States Depart­ment of Labor. 

Debar­ment, Sus­pen­sion, Inel­i­gi­bil­i­ty and Vol­un­tary Exclu­sion – 49 CFT Part 29: Con­trac­tor cer­ti­fies, by sub­mis­sion of a pro­pos­al or accep­tance of a con­tract, that nei­ther it nor its prin­ci­pals are present­ly debarred, sus­pend­ed, pro­posed for debar­ment, declared inel­i­gi­ble, or vol­un­tar­i­ly exclud­ed from par­tic­i­pa­tion in this trans­ac­tion by any Fed­er­al depart­ment or agency. Indi­vid­u­als or com­pa­nies list­ed in the Gen­er­al Ser­vices Administration’s Exclud­ed Par­ties List­ing Sys­tem” will not be con­sid­ered for award of contract. 

Cer­ti­fi­ca­tion Regard­ing Debar­ment and Sus­pen­sion (Non-Pro­cure­ment) – Title 2 CFR Part 180 & Title 2 CFR Part 1200: This Agree­ment is a cov­ered trans­ac­tion” as defined by Title 2 CFR Part 180. Con­trac­tor has agreed that at the time it sub­mit­ted its pro­pos­al and through­out the dura­tion of this Agree­ment that nei­ther it nor its prin­ci­pals are present­ly debarred or sus­pend­ed by any Fed­er­al depart­ment or agency from par­tic­i­pa­tion in this trans­ac­tion. Con­trac­tor fur­ther agrees to 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”. 

Cer­ti­fi­ca­tion Regard­ing Debar­ment and Sus­pen­sion (Non-Pro­cure­ment) – Title 2 CFR Part 1200 and Title 2 CFR Part 180, Sub­part C: Con­trac­tor by admin­is­ter­ing each low­er tier sub­con­tract that exceeds $25,000 as a cov­ered trans­ac­tion” must 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. Con­trac­tor shall accom­plish this by: 

  1. Check­ing the Sys­tem for Award Man­age­ment at web­site: https://​www​.sam​.gov/SAM a cer­ti­fi­ca­tion state­ment sim­i­lar to para­graph a.
  1. Insert­ing a clause or con­di­tion in the cov­ered trans­ac­tion with the low­er tier con­tract.

If the FAA lat­er deter­mines that an indi­vid­ual failed to tell a high­er tier that they were exclud­ed or dis­qual­i­fied at the time they entered the cov­ered trans­ac­tion with that per­son, the FAA may pur­sue any avail­able rem­e­dy, includ­ing sus­pen­sion and debar­ment

For­eign Trade Restric­tions – 49 CFR Part 30: Con­trac­tor and its sub­con­trac­tors shall not be owned or con­trolled by one or more cit­i­zens of a for­eign coun­try includ­ed in the list of coun­tries that dis­crim­i­nate against U.S. firms pub­lished by the Office of the Unit­ed States Rep­re­sen­ta­tive (USTR)’ shall not know­ing­ly entered into any con­tract or sub­con­tract for this project with a per­son that is a cit­i­zen or nation­al of a for­eign coun­try on said list, or is owned or con­trolled direct­ly or indi­rect­ly by one or more cit­i­zens or nation­als of a for­eign coun­try on said list; and shall not pro­cure any prod­uct nor sub­con­tract for the sup­ply of any prod­uct for use on the project that is pro­duced in a for­eign coun­try on said list.

Buy Amer­i­can Cer­tifi­cate – Avi­a­tion Safe­ty and Capac­i­ty Act of 1990: This con­tract is sub­ject to the Buy Amer­i­can Pref­er­ences” of the Avi­a­tion Safe­ty and Capac­i­ty Act of 1990.

SC-22 Cer­ti­fi­ca­tions

Con­trac­tor shall exe­cute, in the pres­ence of a Notary Pub­lic (where required), and return the cer­ti­fi­ca­tions not­ed below:

  1. Bid Affi­davit
  1. Non-Col­lu­sion Affi­davit
  1. Sworn State­ment under Sec­tion 287.133(3)(A), Flori­da Statutes, On Pub­lic Enti­ty Crimes
  1. DBE Cer­tifi­cate of Com­pli­ance Affi­davit
  1. Davis Bacon Cer­ti­fi­ca­tion
  1. Drug Free Work­place Cer­ti­fi­ca­tion
  1. Cer­ti­fi­ca­tion of Non-Seg­re­gat­ed Facil­i­ties
  1. Buy Amer­i­can Cer­ti­fi­ca­tion
  1. 9. Trench Safe­ty Act Cer­ti­fi­ca­tion under Chap­ter 553, Flori­da Statutes

SC-23 Clean Air and Water Pol­lu­tion Con­trol

Con­trac­tors and sub­con­trac­tors agree:

  1. That any facil­i­ty to be used in the per­for­mance of the con­tract or sub­con­tract or to ben­e­fit from the con­tract is not list­ed on the Envi­ron­men­tal Pro­tec­tion Agency (EPA) List of Vio­lat­ing Facil­i­ties;
  1. To com­ply with all the require­ments of Sec­tion 114 of the Clean Air Act, as amend­ed, 42 U.S.C. 1857 et seq. and Sec­tion 308 of the Fed­er­al Water Pol­lu­tion Con­trol Act, as amend­ed, 33 U.S.C. 1251 et seq. relat­ing to inspec­tion, mon­i­tor­ing, entry, reports, and infor­ma­tion, as well as all oth­er require­ments spec­i­fied in Sec­tion 114 and Sec­tion 308 of the Acts, respec­tive­ly, and all oth­er reg­u­la­tions and guide­lines issued there­un­der;
  1. That, as a con­di­tion for the award of this con­tract, the con­trac­tor or sub­con­trac­tor will noti­fy the award­ing offi­cial of the receipt of any com­mu­ni­ca­tion from the EPA indi­cat­ing that a facil­i­ty to be used for the per­for­mance of or ben­e­fit from the con­tract is under con­sid­er­a­tion to be list­ed on the EPA List of Vio­lat­ing Facil­i­ties;
  1. To include or cause to be includ­ed in any con­struc­tion con­tract or sub­con­tract which exceeds $ 100,000 the afore­men­tioned cri­te­ria and require­ments.

SC-24 Air­port and Air­way Improve­ment Act of 1982, Sec­tion 520 — Gen­er­al Civ­il Rights Pro­vi­sions

The con­trac­tor assures that it will com­ply with per­ti­nent statutes, Exec­u­tive orders and such rules as are pro­mul­gat­ed to assure that no per­son shall, on the grounds of race, creed, col­or, nation­al ori­gin, sex, age, or hand­i­cap be exclud­ed from par­tic­i­pat­ing in any activ­i­ty con­duct­ed with or ben­e­fit­ing from Fed­er­al assis­tance. This pro­vi­sion oblig­ates the tenant/​concessionaire/​lessee or its trans­fer­ee for the peri­od dur­ing which Fed­er­al assis­tance is extend­ed to the air­port a pro­gram, except where Fed­er­al assis­tance is to pro­vide, or is in the form of per­son­al prop­er­ty or real prop­er­ty or inter­est there­in or struc­tures or improve­ments there­on. In these cas­es, the pro­vi­sion oblig­ates the par­ty or any trans­fer­ee for the longer of the fol­low­ing peri­ods:

SC-25 Lob­by­ing and Influ­enc­ing Fed­er­al Employ­ees

SC-26 Ener­gy Con­ser­va­tion Require­ments

The con­trac­tor agrees to com­ply with manda­to­ry stan­dards and poli­cies relat­ing to ener­gy effi­cien­cy that are con­tained in the state ener­gy con­ser­va­tion plan issued in com­pli­ance with the Ener­gy Pol­i­cy and Con­ser­va­tion Act (Pub­lic Law 94 – 163).

SC-27 Rights to Inven­tions

All rights to inven­tions and mate­ri­als gen­er­at­ed under this con­tract are sub­ject to reg­u­la­tions issued by the FAA and the Spon­sor of the Fed­er­al grant under which this con­tract is exe­cut­ed.

SC-28 Trade Restric­tion Clause

The con­trac­tor or sub­con­trac­tor, by sub­mis­sion of an offer and/​or exe­cu­tion of a con­tract, cer­ti­fies that it:

  1. is not owned or con­trolled by one or more cit­i­zens of a for­eign coun­try includ­ed in the list of coun­tries that dis­crim­i­nate against U.S. firms pub­lished by the Office of the Unit­ed States Trade Rep­re­sen­ta­tive (USTR);
  1. has not know­ing­ly entered into any con­tract or sub­con­tract for this project with a per­son that is a cit­i­zen or nation­al of a for­eign coun­try on said list, or is owned or con­trolled direct­ly or indi­rect­ly by one or more cit­i­zens or nation­als of a for­eign coun­try on said list;
  1. has not pro­cured any prod­uct nor sub­con­tract­ed for the sup­ply of any prod­uct for use on the project that is pro­duced in a for­eign coun­try on said list.

Unless the restric­tions of this clause are waived by the Sec­re­tary of Trans­porta­tion in accor­dance with 49 CFR 30.17, no con­tract shall be award­ed to a con­trac­tor or sub­con­trac­tor who is unable to cer­ti­fy to the above. If the con­trac­tor know­ing­ly pro­cures or sub­con­tracts for the sup­ply of any prod­uct or ser­vice of a for­eign coun­try on said list for use on the project, the Fed­er­al Avi­a­tion Admin­is­tra­tion may direct through the Spon­sor can­cel­la­tion of the con­tract at no cost to the Gov­ern­ment.

Fur­ther, the con­trac­tor agrees that, if award­ed a con­tract result­ing from this solic­i­ta­tion, it will incor­po­rate this pro­vi­sion for cer­ti­fi­ca­tion with­out mod­i­fi­ca­tion in each con­tract and in all low­er tier sub­con­tracts. The con­trac­tor may rely on the cer­ti­fi­ca­tion of a prospec­tive sub­con­trac­tor unless it has knowl­edge that the cer­ti­fi­ca­tion is erro­neous.

The con­trac­tor shall pro­vide imme­di­ate writ­ten notice to the spon­sor if the con­trac­tor learns that its cer­ti­fi­ca­tion or that of a sub­con­trac­tor was erro­neous when sub­mit­ted or has become erro­neous by rea­son of changed cir­cum­stances. The sub­con­trac­tor agrees to pro­vide writ­ten notice to the con­trac­tor if at any time it learns that its cer­ti­fi­ca­tion was erro­neous by rea­son of changed cir­cum­stances.

This cer­ti­fi­ca­tion is a mate­r­i­al rep­re­sen­ta­tion of fact upon which reliance was placed when mak­ing the award. If it is lat­er deter­mined that the con­trac­tor or sub­con­trac­tor know­ing­ly ren­dered an erro­neous cer­ti­fi­ca­tion, the Fed­er­al Avi­a­tion Admin­is­tra­tion may direct through the Spon­sor can­cel­la­tion of the con­tract or sub­con­tract for default at no cost to the Gov­ern­ment.

Noth­ing con­tained in the fore­go­ing shall be con­strued to require estab­lish­ment of a sys­tem of records in order to ren­der, in good faith, the cer­ti­fi­ca­tion required by this pro­vi­sion. The knowl­edge and infor­ma­tion of a con­trac­tor is not required to exceed that which is nor­mal­ly pos­sessed by a pru­dent per­son in the ordi­nary course of busi­ness deal­ings.

This cer­ti­fi­ca­tion con­cerns a mat­ter with­in the juris­dic­tion of an agency of the Unit­ed States of Amer­i­ca and the mak­ing of a false, fic­ti­tious, or fraud­u­lent cer­ti­fi­ca­tion may ren­der the mak­er sub­ject to pros­e­cu­tion under Title 18, Unit­ed States Code, Sec­tion 1001.

END OF SPE­CIAL CON­DI­TIONS

NORTH­WEST FLORI­DA BEACH­ES INTER­NA­TION­AL AIR­PORT

GEN­ER­AL CON­DI­TIONS

GC1 Inde­pen­dent Con­trac­tor

Con­trac­tor rep­re­sents that it is ful­ly expe­ri­enced, prop­er­ly qual­i­fied, reg­is­tered, licensed, equipped, orga­nized, and financed to per­form the Work under this con­tract. Con­trac­tor shall act as an inde­pen­dent con­trac­tor and is not an agent of the Own­er in per­form­ing this con­tract, main­tain­ing com­plete con­trol over its employ­ees and all its sup­pli­ers and sub­con­trac­tors of any tier. Noth­ing con­tained in this con­tract or any low­er-tier pur­chase orders or sub­con­tracts award­ed by the Con­trac­tor shall cre­ate any con­trac­tu­al rela­tion­ship with the Own­er and/​or its rep­re­sen­ta­tive. Con­trac­tor shall per­form the Work here­un­der in accor­dance with its own meth­ods sub­ject to com­pli­ance with the Contract. 

GC2 Autho­rized Rep­re­sen­ta­tives

Before start­ing the Work, Con­trac­tor shall des­ig­nate in writ­ing an autho­rized rep­re­sen­ta­tive accept­able to the Own­er or its rep­re­sen­ta­tive to rep­re­sent and act for Con­trac­tor and shall spec­i­fy any and all lim­i­ta­tions of such representative’s authority. 

GC3 Notices

Any notices required here­un­der shall be in writ­ing and may be served either per­son­al­ly on the autho­rized rep­re­sen­ta­tive of the receiv­ing par­ty at the Job­site, by fac­sim­i­le, by couri­er or express deliv­ery, or by cer­ti­fied mail to the fac­sim­i­le num­ber or address of that par­ty, or at such fac­sim­i­le num­ber or address as may have been direct­ed by writ­ten notice. 

GC4 Con­tract Inter­pre­ta­tions

All ques­tions con­cern­ing inter­pre­ta­tion or clar­i­fi­ca­tion of this Con­tract or applic­a­ble stan­dards and codes, includ­ing the dis­cov­ery of con­flicts, dis­crep­an­cies, errors or omis­sions, or the accept­able per­for­mance there­of by con­trac­tor, shall be imme­di­ate­ly sub­mit­ted in writ­ing to the Own­er or its rep­re­sen­ta­tive for res­o­lu­tion. At all times Con­trac­tor shall pro­ceed with the Work in accor­dance with the deter­mi­na­tions, instruc­tions, and clar­i­fi­ca­tions of the Own­er or its rep­re­sen­ta­tive. Con­trac­tor shall be sole­ly respon­si­ble for request­ing instruc­tions, inter­pre­ta­tions or clar­i­fi­ca­tions and shall be sole­ly liable for any costs and expense aris­ing from its fail­ure to do so. 

GC5 Order of Prece­dence

All Project Doc­u­ments and sub­se­quent­ly issued Change Orders and Amend­ments are essen­tial parts of this Con­tract and a require­ment occur­ring in one is bind­ing as though occur­ring in all. In resolv­ing con­flicts, dis­crep­an­cies, errors or omis­sions the fol­low­ing order of prece­dence shall be used 

  1. Invi­ta­tion to Bid 
  1. Spe­cial Conditions 
  1. Gen­er­al Conditions 
  1. Scope of Work 
  1. Spec­i­fi­ca­tions

GC6 Stan­dards and Codes

Wher­ev­er ref­er­ences are made in this con­tract to stan­dards or codes in accor­dance with which the Work under this Con­tract is to be per­formed, the edi­tion or revi­sion of the stan­dards or codes cur­rent on the effec­tive date of this con­tract shall apply unless oth­er­wise express­ly stat­ed. In case of con­flict between any ref­er­enced stan­dards and codes and any Project Doc­u­ments, the Project Doc­u­ments shall govern. 

GC7 Laws and Reg­u­la­tions

All applic­a­ble laws, ordi­nances, statutes, rules, reg­u­la­tions, orders or decrees, includ­ing Owner’s Air­port Secu­ri­ty Pro­gram and oth­er for­mal­ly adopt­ed rules and reg­u­la­tions, in effect at the time the Work under this Con­tract is per­formed shall apply to Con­trac­tor and its employ­ees, rep­re­sen­ta­tive, its sub­con­trac­tors, sub-sub­con­trac­tors, mate­r­i­al sup­pli­ers and oth­ers under Contractor’s Con­tract for the Work. 

GC8 Per­mits, Licens­es and Cer­ti­fi­ca­tions

Unless oth­er­wise spec­i­fied, Con­trac­tor shall pro­cure and pay for all per­mits, licens­es, cer­ti­fi­ca­tions and oth­er applic­a­ble gov­ern­ing author­i­ty require­ments and inspec­tions, as required to con­duct and oth­er­wise per­mit per­for­mance of the Work. Con­trac­tor shall sub­mit for and secure any required per­mits as need­ed to per­form its oblig­a­tions dur­ing the con­tract period. 

GC9 Tax­es

Con­trac­tor shall pay all tax­es, levies, duties and assess­ments of every nature due in con­nec­tion with the Work under this Con­tract and shall make any and all pay­roll deduc­tions and with­hold­ings required by law, an here­by indem­ni­fies and holds harm­less the Own­er and its rep­re­sen­ta­tive from any lia­bil­i­ty on account of any and all such tax­es, levies, duties, assess­ments, and deductions. 

GC-10 Labor, Per­son­nel and Work Rules

Con­trac­tor shall employ only com­pe­tent and skilled per­son­nel to per­form the Work and shall remove from the Job­site any Con­trac­tor per­son­nel deter­mined to be unfit or to be act­ing in vio­la­tion of any pro­vi­sion of this Con­tract. Con­trac­tor is respon­si­ble for main­tain­ing labor rela­tions in such man­ner that there is har­mo­ny among work­ers and shall com­ply with and enforce Project and Job­site pro­ce­dures, reg­u­la­tions, work rules, and work hours estab­lished by the Own­er or its representative. 

The Own­er may, at its sole dis­cre­tion, direct­ly or through its rep­re­sen­ta­tive deny access to the Job­site to any indi­vid­ual by writ­ten notice to Con­trac­tor and Con­trac­tor shall prompt­ly replace such indi­vid­ual with anoth­er who is ful­ly com­pe­tent and skilled to per­form the Work. 

Con­trac­tor shall, to the extent per­mis­si­ble under applic­a­ble law, com­ply with the pro­vi­sions of all labor agreement(s) which apply to the Work per­formed under this Con­tract. Unless oth­er meth­ods are estab­lished by Own­er, the rules, reg­u­la­tions, and pro­ce­dures of the Plan for Set­tle­ment of Juris­dic­tion­al Dis­putes in the Con­struc­tion Indus­try, or any suc­ces­sor agree­ment there­to, shall be used to deter­mine work assign­ments and to resolve juris­dic­tion­al dis­putes on work cov­ered by this Contract. 

GC-11 Com­mer­cial Activ­i­ties

Nei­ther Con­trac­tor nor its employ­ees shall estab­lish any com­mer­cial activ­i­ty or issue con­ces­sions or per­mits of any kind to third par­ties for estab­lish­ing com­mer­cial activ­i­ties on the Job­site or any oth­er lands owned or con­trolled by Owner. 

GC-12 Pub­lic­i­ty and Adver­tis­ing

Con­trac­tor shall not make any announce­ment, take any pho­tographs, or release any infor­ma­tion con­cern­ing this Con­tract, or Project, or any part there­of to any mem­ber of the pub­lic, press, busi­ness enti­ty, or any offi­cial body unless pri­or writ­ten con­sent is obtained from the Owner. 

GC-13 Safe­ty and Health

Con­trac­tor shall be sole­ly respon­si­ble for con­duct­ing oper­a­tions under this Con­tract to avoid risk of harm to the health and safe­ty of per­sons and prop­er­ty and for inspect­ing and mon­i­tor­ing all its equip­ment, mate­ri­als and work prac­tices to ensure com­pli­ance with its oblig­a­tions under this con­tract. Con­trac­tor shall assume all respon­si­bil­i­ty and lia­bil­i­ty with respect to all mat­ters regard­ing safe­ty and health of its employ­ees and the employ­ees of Contractor’s sup­pli­ers and sub­con­trac­tors of any tier, with respect to the risks under this Contract. 

GC-14 Envi­ron­men­tal Require­ments

Through­out per­for­mance of the Work, Con­trac­tor shall con­duct all oper­a­tions in such a way as to min­i­mize impact upon the nat­ur­al envi­ron­ment and pre­vent any spread or release of con­t­a­m­i­nat­ed or haz­ardous sub­stances and com­ply with all applic­a­ble laws, reg­u­la­tions, ordi­nances, statutes, rules, and codes gov­ern­ing envi­ron­men­tal require­ments and con­duct the Work based on the require­ments of this Con­tract includ­ing com­pli­ance with per­mit require­ments and Project plans and approvals. Con­trac­tor shall indem­ni­fy Own­er for any penal­ties, fines, and costs incurred, includ­ing costs for envi­ron­men­tal stud­ies and reme­di­a­tion, that arise due to Contractor’s improp­er per­for­mance of the Work or Contractor’s negligence. 

GC-15 Site Con­di­tions and Nat­ur­al Resources

Con­trac­tor shall have the sole respon­si­bil­i­ty for sat­is­fy­ing itself con­cern­ing the nature and loca­tion of the Work and the gen­er­al and local con­di­tions, includ­ing but not lim­it­ed to, trans­porta­tion, access, dis­pos­al, handling/​storage mate­ri­als, labor avail­abil­i­ty, water, elec­tri­cal pow­er, road con­di­tions, cli­mat­ic con­di­tions, soil con­di­tions, sea­sons, hydrol­o­gy, phys­i­cal site con­di­tion, project area, topog­ra­phy, ground sur­face con­di­tions, equip­ment and facil­i­ties need­ed pre­lim­i­nary to and dur­ing the per­for­mance of the Work. The fail­ure of Con­trac­tor to acquaint itself with any applic­a­ble con­di­tions will not relieve Con­trac­tor of the respon­si­bil­i­ty for prop­er­ly esti­mat­ing the dif­fi­cul­ties, time or cost of suc­cess­ful­ly per­form­ing Contractor’s oblig­a­tions under this Contract. 

GC-16 Dif­fer­ing Site Con­di­tions

Where the Own­er or its rep­re­sen­ta­tive has made inves­ti­ga­tions of sub­sur­face, sur­face and soil con­di­tions in areas where work is to be per­formed under this Con­tract, such inves­ti­ga­tions are made by Own­er or its rep­re­sen­ta­tive for the pur­pose of study and design. If such records of such inves­ti­ga­tions are includ­ed in the Project Doc­u­ments, the inter­pre­ta­tion of such records shall be the sole respon­si­bil­i­ty of Con­trac­tor and the Own­er or its rep­re­sen­ta­tive assumes any respon­si­bil­i­ty what­so­ev­er in respect to the suf­fi­cien­cy or accu­ra­cy of such inves­ti­ga­tions, the records there­of, or the inter­pre­ta­tions set forth and there is no war­ran­ty or guar­an­tee, either express or implied, that the con­di­tions indi­cat­ed by such inves­ti­ga­tions or records there­of are rep­re­sen­ta­tive of those exist­ing through­out such areas, or any part there­of, or that unfore­seen devel­op­ments may not occur, or that mate­ri­als oth­er than or in pro­por­tions dif­fer­ent from those indi­cat­ed may not be encountered. 

GC-17 Contractor’s Work Area

Con­trac­tor shall con­fine its oper­a­tions to the areas des­ig­nat­ed in the plans as the areas of Work or access to the Work or areas des­ig­nat­ed for stor­age. Con­trac­tor shall coor­di­nate with Own­er any planned dis­rup­tion of oper­a­tions at, or adja­cent to, Work­site. Con­trac­tor shall, at all times, keep its work areas in neat, clean and safe con­di­tions. Upon com­ple­tion of any por­tion of the Work, Con­trac­tor shall prompt­ly remove from the work area all its equip­ment, stor­age, tem­po­rary struc­tures, sur­plus mate­ri­als not to be used at or near the same loca­tion dur­ing lat­er stages of the Work. Upon com­ple­tion of the Work and pri­or to final pay­ment, Con­trac­tor shall at its expense sat­is­fac­to­ri­ly dis­pose of all rub­bish, remove all plant, equip­ment, and mate­ri­als and leave the premis­es in a neat, clean and safe con­di­tion. If Con­trac­tor fails to com­ply with these fore­go­ing require­ments, Own­er may accom­plish same at Contractor’s expense. 

GC-18 Coop­er­a­tion with Oth­ers

The Own­er may have its employ­ees, rep­re­sen­ta­tives, oth­er con­trac­tors and oth­er sub­con­trac­tors work­ing at the Job­site dur­ing the per­for­mance of this Con­tract and Contractor’s work or use of cer­tain facil­i­ties may be inter­fered with as a result of such con­cur­rent activ­i­ties. Own­er reserves the right to require Con­trac­tor to sched­ule the order of per­for­mance of the Work in such a man­ner as will min­i­mize the inter­fer­ence with work of any of the par­ties involved. 

GC-19 Respon­si­bil­i­ty for Work, Secu­ri­ty and Prop­er­ty

Con­trac­tor shall be respon­si­ble for and shall bear any and all risk of loss or dam­age to work in progress and, pur­suant to the Spe­cial Con­di­tion titled Title and Risk of Loss,” to equip­ment and mate­ri­als. Con­trac­tor shall be respon­si­ble for all receiv­ing and unload­ing of mate­ri­als for the Work, stor­ing of mate­ri­als and equip­ment sub­ject to degra­da­tion by the ele­ments and secure same from oth­er dam­age or loss. Con­trac­tor shall at all times con­duct all oper­a­tions under this Con­tract in a man­ner to avoid the risk of loss, theft, or dam­age by van­dal­ism, sab­o­tage or any oth­er means to any equip­ment, mate­ri­als, work or oth­er prop­er­ty at the Job­site. Con­trac­tor shall plan and con­duct its oper­a­tions so as not to enter into lands in their nat­ur­al state unless pre-autho­rized by the Own­er, dam­age, close, obstruct or oth­er­wise inter­fere with any util­i­ty instal­la­tion, ditch, high­way, road, struc­ture or oth­er prop­er­ty, and if nec­es­sary to do so, receive the Owner’s pre-per­mis­sion pri­or to such obstruc­tion or interference. 

GC-20 Clean­ing Up

Con­trac­tor shall, at all times, keep its work areas in a neat, clean and safe con­di­tion. Upon com­ple­tion of any por­tion of the Work, Con­trac­tor shall prompt­ly remove from the work area all its equip­ment, con­struc­tion plant, tem­po­rary struc­tures and sur­plus mate­ri­als not to be used at or near the same loca­tion dur­ing lat­er stages of the Work. 

Upon com­ple­tion of the Work and pri­or to final pay­ment, Con­trac­tor shall at its expense sat­is­fac­to­ri­ly dis­pose of all rub­bish, remove all plant, build­ings, equip­ment and mate­ri­als belong­ing to Con­trac­tor and return to Owner’s ware­house or Job­site stor­age area all sal­vage­able Own­er sup­plied mate­ri­als. Con­trac­tor shall leave the premis­es in a neat, clean and safe condition. 

In event of Contractor’s fail­ure to com­ply with the fore­go­ing require­ments, Own­er may accom­plish same at Contractor’s expense. 

GC-21 Contractor’s Plant, Equip­ment and Facil­i­ties

Con­trac­tor shall pro­vide and use for the Work only such con­struc­tion plant and equip­ment as are capa­ble of pro­duc­ing the qual­i­ty and quan­ti­ty of work and mate­ri­als required by this con­tract and with­in the time or times spec­i­fied in the Con­tract Documents. 

Before pro­ceed­ing with the Work, Con­trac­tor shall fur­nish Owner’s Rep­re­sen­ta­tive and Own­er with infor­ma­tion and draw­ings rel­a­tive to such equip­ment, plant and facil­i­ties as Owner’s Rep­re­sen­ta­tive or Own­er may request. Upon writ­ten order of Own­er or Owner’s Rep­re­sen­ta­tive, Con­trac­tor shall dis­con­tin­ue oper­a­tion of unsat­is­fac­to­ry plant, equip­ment or facil­i­ties and shall either mod­i­fy the unsat­is­fac­to­ry items or remove such items from the Jobsite. 

GC-22 Use of Com­plet­ed Por­tions of Work

When­ev­er, as deter­mined by Own­er, any por­tion of the Work per­formed by Con­trac­tor is suit­able for use, Own­er may, upon writ­ten notice, occu­py and use such por­tion. Use shall not con­sti­tute accep­tance, relieve Con­trac­tor of its respon­si­bil­i­ties, or act as a waiv­er by Own­er of any terms of this contract. 

Con­trac­tor shall not be liable for nor­mal wear and tear or for repair of dam­age caused by any mis­use dur­ing such occu­pan­cy or use by Own­er. If such use increas­es the cost or time of per­for­mance of remain­ing por­tions of the Work, Con­trac­tor shall, pur­suant to the Gen­er­al Con­di­tion titled Changes,” be enti­tled to an equi­table adjust­ment in its com­pen­sa­tion or sched­ule under this contract. 

If, as a result of Contractor’s fail­ure to com­ply with the pro­vi­sions of this con­tract, such use proves to be unsat­is­fac­to­ry to Own­er, Own­er shall have the right to con­tin­ue such use until such por­tion of the Work can, with­out injury to Own­er, be tak­en out of ser­vice for cor­rec­tion of defects, errors, omis­sions or replace­ment of unsat­is­fac­to­ry mate­ri­als or equip­ment as nec­es­sary for such por­tion of the Work to com­ply with the con­tract; pro­vid­ed that the peri­od of such oper­a­tion or use pend­ing com­ple­tion of appro­pri­ate reme­di­al action shall not exceed twelve (12) months unless oth­er­wise mutu­al­ly agreed in writ­ing between the parties. 

Con­trac­tor shall not use any per­ma­nent­ly installed equip­ment until such use is approved in writ­ing by Own­er. When such use is approved, Con­trac­tor shall, at Contractor’s expense prop­er­ly use and main­tain and, upon com­ple­tion of such use, recon­di­tion such equip­ment as required to meet specifications. 

If Owner’s Rep­re­sen­ta­tive or Own­er fur­nish­es an oper­a­tor for such per­ma­nent­ly installed equip­ment, all ser­vices per­formed shall be under the com­plete direc­tion and con­trol of Con­trac­tor, and such oper­a­tor shall be con­sid­ered Contractor’s employ­ee for all pur­pos­es oth­er than pay­ment of such operator’s wages, Worker’s Com­pen­sa­tion Insur­ance or oth­er benefits. 

GC-23 Inspec­tion, Qual­i­ty Sur­veil­lance, Rejec­tion of Mate­ri­als and Work­man­ship

All mate­r­i­al and equip­ment fur­nished and work per­formed shall be prop­er­ly inspect­ed by Con­trac­tor at its expense, and shall at all times be sub­ject to qual­i­ty sur­veil­lance and qual­i­ty audit by Owner’s Rep­re­sen­ta­tive, Own­er or their autho­rized rep­re­sen­ta­tives who, upon rea­son­able notice, shall be afford­ed full and free access to the shops, fac­to­ries or oth­er places of busi­ness of Con­trac­tor and its sup­pli­ers and sub­con­trac­tors of any tier for such qual­i­ty sur­veil­lance or audit. Con­trac­tor shall pro­vide safe and ade­quate facil­i­ties, draw­ings, doc­u­ments and sam­ples as request­ed, and shall pro­vide assis­tance and coop­er­a­tion includ­ing stop­page of work to per­form such exam­i­na­tion as may be nec­es­sary to deter­mine com­pli­ance with the require­ments of this con­tract. Any work cov­ered pri­or to any qual­i­ty sur­veil­lance or test by Owner’s Rep­re­sen­ta­tive or Own­er shall be uncov­ered and replaced at the expense of con­trac­tor if such cov­er­ing inter­feres with or obstructs such inspec­tion or test. Fail­ure of Owner’s Rep­re­sen­ta­tive or Own­er to make such qual­i­ty sur­veil­lance or to dis­cov­er defec­tive design, equip­ment, mate­ri­als or work­man­ship shall not relieve Con­trac­tor of its oblig­a­tions under this con­tract nor prej­u­dice the rights of Own­er there­after to reject or require the cor­rec­tion of defec­tive work in accor­dance with the pro­vi­sions of this contract. 

If any work is deter­mined by Owner’s Rep­re­sen­ta­tive or Own­er to be defec­tive or not in con­for­mance with this con­tract the pro­vi­sions of the Gen­er­al Con­di­tion titled War­ran­ty” shall apply. 

GC-24 Test­ing

Unless oth­er­wise pro­vid­ed in the Con­tract, test­ing of soils, equip­ment, mate­ri­als or work shall be per­formed by Con­trac­tor at its expense and in accor­dance with the Project Doc­u­ments. Should tests in addi­tion to those required by this Con­tract be desired by the Own­er or its rep­re­sen­ta­tive, Con­trac­tor will be giv­en rea­son­able notice by the Own­er or its rep­re­sen­ta­tive for such test­ing and at the Owner’s expense. 

GC-25 Expe­dit­ing

The equip­ment and mate­ri­als fur­nished and work per­formed under this con­tract shall be sub­ject to expe­dit­ing by Owner’s Rep­re­sen­ta­tive and/​or Own­er or their rep­re­sen­ta­tive who shall be afford­ed full and free access to the shops, fac­to­ries, and oth­er places of busi­ness of Con­trac­tor and its sup­pli­ers and sub­con­trac­tors of any tier for expe­dit­ing pur­pos­es. As required by Owner’s Rep­re­sen­ta­tive or Own­er, Con­trac­tor shall pro­vide detailed sched­ules and progress reports for use in expe­dit­ing and shall coop­er­ate with Owner’s Rep­re­sen­ta­tive and/​or Own­er in expe­dit­ing activities. 

GC-26 Excus­able Delays

If Contractor’s per­for­mance of this Con­tract is pre­vent­ed or delayed by any unfore­see­able cause, exist­ing or future, which is beyond the rea­son­able con­trol of the par­ties and with­out the fault or neg­li­gence of Con­trac­tor, Con­trac­tor shall, with­in twen­ty-four (24) hours of the com­mence­ment of any such delay, give the Own­er or its rep­re­sen­ta­tive writ­ten notice there­of and with­in sev­en (7) cal­en­dar days of com­mence­ment of the delay, a writ­ten descrip­tion of the antic­i­pat­ed impact of the delay on per­for­mance of the Work. Delays attrib­ut­able to with­in the con­trol of Contractor’s sup­pli­ers or sub­con­trac­tors of any tier shall be deemed delays with­in the con­trol of Con­trac­tor. Con­trac­tor express­ly acknowl­edges and agrees that it shall receive no dam­ages for delay and Contractor’s so rem­e­dy, if any, against Own­er will be the right to seek an exten­sion of time. 

GC-27 Changes

Own­er may at any time, with­out notice to the sureties if any, by writ­ten Change Order uni­lat­er­al­ly make any change in the Work with­in the gen­er­al scope of this Con­tract, includ­ing but not lim­it­ed to changes in the method, man­ner and sequence of Con­trac­tor work, in Own­er fur­nished facil­i­ties, equip­ment, mate­ri­als ser­vices or site(s) and direct­ing accel­er­a­tion or decel­er­a­tion in per­for­mance of the Work and mod­i­fy­ing the Con­tract Sched­ule or the Con­tract Milestones. 

If the Own­er and Con­trac­tor are unable to agree on a Change Order for the request­ed change, Con­trac­tor shall, nev­er­the­less, prompt­ly per­form the change as direct­ed by the Own­er in a writ­ten Con­struc­tion Change Direc­tive. In that event, the Con­tract Price and Con­tract Time shall be adjust­ed in the Con­struc­tion Change Direc­tive as deter­mined by the Own­er. If Con­trac­tor dis­agrees with the Owner’s adjust­ment deter­mi­na­tion, Con­trac­tor must make a claim strict­ly in accor­dance with the terms of this Gen­er­al Con­di­tion or else be deemed to have waived any claim it might oth­er­wise have had on that matter. 

In addi­tion, in the event of an emer­gency which Own­er deter­mines endan­gers life or prop­er­ty, Own­er may use oral orders to Con­trac­tor for any work required by rea­son of such emer­gency. Con­trac­tor shall com­mence and com­plete such emer­gency work as direc­tor by the Own­er or its rep­re­sen­ta­tive and such orders will be con­firmed by writ­ten Change Order. 

If at any time Con­trac­tor believes that acts or omis­sions of Own­er or its rep­re­sen­ta­tive con­sti­tute a change to the Work not cov­ered by a Change Order or require­ments of the Project Doc­u­ments, Con­trac­tor shall with­in sev­en (7) cal­en­dar days of dis­cov­ery of such act or omis­sion sub­mit a writ­ten Change Order Request explain­ing in detail the basis for the request. The Own­er will either issue a Change Order or deny the request in writing. 

If Con­trac­tor intends to assert a claim for an equi­table adjust­ment under this clause it must, with­in ten (10) cal­en­dar days after receipt of a Change Order or denial of same pro­vide writ­ten noti­fi­ca­tion of such intent and with­in a fur­ther twen­ty (20) cal­en­dar days, sub­mit to Own­er or its rep­re­sen­ta­tive a writ­ten pro­pos­al set­ting forth the nature, sched­ule, impact and mon­e­tary extent of such claim in suf­fi­cient detail to per­mit thor­ough analy­sis and negotiations. 

Change Order Requests from the Con­trac­tor shall be pre­sent­ed to the Own­er in suf­fi­cient detail to allow for eval­u­a­tion. Min­i­mum infor­ma­tion shall include Con­trac­tor, Sub-con­trac­tor and Sub-sub-con­trac­tor item­iza­tion of Labor, Mate­ri­als and Equip­ment costs includ­ed in the Change Order. Labor shall include labor-hours and hourly rates. Hourly rates will be the direct hourly rate of the per­son­nel per­form­ing the work plus an allow­able labor bur­den. The labor bur­den shall either be an audit­ed labor bur­den or 0.5%, if an audit­ed rate is not avail­able. Mate­r­i­al and Equip­ment shall be includ­ed at their direct costs, which shall be sup­port­ed by item­ized invoic­es for billing. If equip­ment is rent­ed thru a relat­ed com­pa­ny, the rental rate shall be no greater than the aver­age rental rate for sim­i­lar equip­ment in Bay Coun­ty. Relat­ed com­pa­ny shall mean a com­pa­ny owned or con­trolled by any own­er or offi­cer of the Con­trac­tor and Subcontractor. 

Subcontractor’s and Sub-sub-contractor’s allow­able mark-up for over­head and prof­it on Labor, Mate­r­i­al and Equip­ment in the Change Order shall be indi­vid­u­al­ly no greater than 10% and in aggre­gate no greater than 15%. 

Contractor’s allow­able mark-up for over­head and prof­it on Labor, Mate­r­i­al and Equip­ment in the Change Order shall be 10%. 

Addi­tion­al Gen­er­al Con­di­tions shall not be includ­ed in a Change Order unless the Change Order changes effects the crit­i­cal path and changes the Time of Com­ple­tion. Any change order request affect­ing the crit­i­cal path shall include a detailed sched­ule show the change effect on the crit­i­cal path. 

Any delay by Con­trac­tor in giv­ing notice or pre­sent­ing a pro­pos­al for adjust­ment under this clause shall be grounds for rejec­tion and waiv­er of the claim and in no case shall a claim by Con­trac­tor be con­sid­ered if assert­ed after final pay­ment under this Contract. 

Con­trac­tor shall pro­ceed dili­gent­ly with per­for­mance of the Work, pend­ing final res­o­lu­tion of any request for relief, dis­pute, claim, appeal, or action aris­ing under the Con­tract, and com­ply with any direc­tion from the Own­er or its representative. 

GC-28 Dis­putes

Con­trac­tor shall not be enti­tled to claim and nei­ther Own­er nor its rep­re­sen­ta­tive shall be liable to Con­trac­tor or its sup­pli­ers or sub­con­trac­tors of any tier in tort (includ­ing neg­li­gence), or con­tract except as specif­i­cal­ly pro­vid­ed in this Con­tract. Any claim aris­ing out of or attrib­ut­able to the inter­pre­ta­tion or per­for­mance of this Con­tract which can­not be resolved by nego­ti­a­tion shall be con­sid­ered a dis­pute with­in the mean­ing of this clause. If for any rea­son Own­er and Con­trac­tor are unable to resolve a claim for an adjust­ment, Con­trac­tor shall noti­fy Own­er or its rep­re­sen­ta­tive in writ­ing that a dis­pute exists and request a final deter­mi­na­tion by Own­er. Own­er shall, with­in thir­ty (30) cal­en­dar days of its receipt of any writ­ten request by Con­trac­tor, pro­vide a writ­ten final deter­mi­na­tion set­ting for the con­trac­tu­al basis for its deci­sion and defin­ing what con­tract adjust­ments it con­sid­ers equi­table. Upon Contractor’s writ­ten accep­tance of Owner’s deter­mi­na­tion, the Con­tract will be mod­i­fied and the deter­mi­na­tion imple­ment­ed accord­ing­ly or, fail­ing agree­ment, the dis­pute res­o­lu­tion pro­ce­dures as set forth in the Spe­cial Con­di­tions titled Dis­pute Res­o­lu­tion” shall be com­plied with. 

GC-29 Records and Audit

The Con­trac­tor shall main­tain an accept­able cost account­ing sys­tem. The Con­trac­tor agrees to pro­vide the Spon­sor, 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. 

Con­trac­tor shall main­tain records and accounts in con­nec­tion with the per­for­mance of this Con­tract which will accu­rate­ly doc­u­ment incurred costs, both direct and indi­rect, of what­ev­er nature for a peri­od of three (3) years from the Final Accep­tance of the Work unless a longer peri­od of time is oth­er­wise spec­i­fied by applic­a­ble law. Own­er or its rep­re­sen­ta­tive shall have the right to exam­ine and copy, at all rea­son­able times and with advance noti­fi­ca­tion, such records and accounts for the pur­pose of ver­i­fy­ing pay­ments or requests for pay­ment when costs are the basis of such pay­ment and to eval­u­ate the rea­son­able­ness of pro­posed con­tract price adjust­ments and claims. 

GC-30 War­ran­ty

Con­trac­tor war­rants to Own­er that mate­ri­als fur­nished under this con­tract shall be of clear title and of the most suit­able grade of their respec­tive kinds for their intend­ed uses, unless oth­er­wise spec­i­fied and shall also con­form to the require­ments of this Con­tract. All work­man­ship shall be first class and per­formed in accor­dance with sound con­struc­tion prac­tices accept­able to Own­er or its representative. 

If at any time pri­or to Final Accep­tance or after Final Accep­tance in cas­es of latent defects, fraud or such gross mis­takes as amount to fraud, Own­er, Owner’s Rep­re­sen­ta­tive, or Con­trac­tor dis­cov­er any defect in the equip­ment, mate­ri­als, work­man­ship, or Con­trac­tor-pro­vid­ed design, imme­di­ate writ­ten notice shall be giv­en to the oth­er par­ties. Con­trac­tor shall with­in a rea­son­able time pro­pose cor­rec­tive actions to cure such defects. 

Own­er may at its sole dis­cre­tion, or through Owner’s Rep­re­sen­ta­tive, direct Con­trac­tor in writ­ing and Con­trac­tor agrees to: 

  1. 1. Rework, repair, or remove and replace defec­tive equip­ment and mate­ri­als or re-per­form defec­tive work­man­ship to accept­able qual­i­ty at a time and in a man­ner accept­able to Owner; 
  1. 2. Coop­er­ate with oth­ers assigned by Own­er to cor­rect such defects and pay to Own­er all actu­al costs rea­son­ably incurred by Own­er in per­form­ing or in hav­ing per­formed cor­rec­tive actions; or 
  1. 3. Pro­pose and nego­ti­ate in good faith an equi­table reduc­tion in the Con­tract price in lieu of cor­rec­tive action. 

The war­ran­ty described by this Gen­er­al Con­di­tion is in addi­tion to any more spe­cif­ic war­ran­ty required by the Invi­ta­tion to Bid, the Scope of Work, the Spec­i­fi­ca­tions, or pro­vid­ed by the Con­trac­tor as part of its bid or as a sep­a­rate document. 

GC-31 Backcharges

Own­er may, in addi­tion to any oth­er amounts to be retained as defined in the Con­tract, retain from any sums oth­er­wise owing to Con­trac­tor amounts suf­fi­cient to cov­er the full costs of any Con­trac­tor fail­ure to com­ply with pro­vi­sions of this Con­tract or Con­trac­tor acts or omis­sions in the per­for­mance of any part of this Con­tract, includ­ing but not lim­it­ed to, vio­la­tion of any applic­a­ble law, order, rule, or reg­u­la­tion, includ­ing those regard­ing safe­ty, haz­ardous mate­ri­als or envi­ron­men­tal require­ments; cor­rec­tion of defec­tive or non­con­form­ing work by repair, rework, replace­ment or oth­er appro­pri­ate means when Con­trac­tor states, or by its actions indi­cates, that it is unable or unwill­ing to pro­ceed with cor­rec­tive action in a rea­son­able time; and/​or the Own­er is required to take action or per­form work for Con­trac­tor, such as cleanup, off-load­ing or com­ple­tion of incom­plete work. 

Own­er may also backcharge against Con­trac­tor for work done or cost incurred to rem­e­dy these or any oth­er Con­trac­tor defaults, errors, omis­sions or fail­ures to per­form or observe any part of this Con­tract. Own­er may, but shall not be required to, give Con­trac­tor writ­ten notice before per­form­ing such actions or work or incur­ring such cost. Cost of backcharge work shall include labor costs includ­ing pay­roll addi­tives, incurred net deliv­ered mate­r­i­al costs, incurred low­er-tier sup­pli­er and sub­con­trac­tor costs direct­ly relat­ed to per­form­ing the cor­rec­tive action, equip­ment and tool rentals are pre­vail­ing rates in the Job­site area and a fac­tor, deter­mined by the Own­er, but not greater than six­ty per­cent (60%), shall be applied to the total of these items for Owner’s over­head, super­vi­sion, admin­is­tra­tive and oth­er relat­ed costs. 

Own­er shall sep­a­rate­ly invoice or deduct and retain from pay­ments oth­er­wise due to Con­trac­tor the cost as pro­vid­ed here­in. Owner’s right to backcharge is in addi­tion to any and all oth­er rights and reme­dies pro­vid­ed in this Con­tract or by law. The per­for­mance of backcharge work by Own­er shall not relieve Con­trac­tor of any of its respon­si­bil­i­ties under this Con­tract includ­ing but not lim­it­ed to express or implied war­ranties, spec­i­fied stan­dards for qual­i­ty, con­trac­tu­al lia­bil­i­ties an indem­ni­fi­ca­tions, and meet­ing the mile­stones of the Spe­cial Con­di­tion titled Com­mence­ment, Progress and Com­ple­tion of the Work.” 

GC-32 Indem­ni­ty

To the max­i­mum extent per­mit­ted by Flori­da law, Con­trac­tor shall indem­ni­fy and hold harm­less Own­er and its offi­cers and employ­ees and its rep­re­sen­ta­tives from any and all lia­bil­i­ties, claims, dam­ages, penal­ties, demands, judg­ments, actions, pro­ceed­ings, loss­es or costs, includ­ing, but not lim­it­ed to, rea­son­able attor­neys’ fees and para­le­gals’ fees, whether result­ing from (1) any claimed breach of this Con­tract by Con­trac­tor or (2) from per­son­al injury, prop­er­ty dam­age, direct or con­se­quen­tial dam­ages, or eco­nom­ic loss, to the extent caused by the neg­li­gence, reck­less­ness, or inten­tion­al wrong­ful mis­con­duct of Con­trac­tor or any­one employed or uti­lized by the Con­trac­tor in the per­for­mance of this Contract. 

GC-33 Con­se­quen­tial Dam­ages

Except as express­ly pro­vid­ed below in the sec­ond para­graph of this Sec­tion GC-33, Con­trac­tor and Own­er shall waive all claims against each oth­er for con­se­quen­tial dam­ages aris­ing out of or relat­ing to this Con­tract. This mutu­al waiv­er includes dam­ages incurred by Own­er for rental expens­es, for loss­es of use, income, prof­it, financ­ing, busi­ness and rep­u­ta­tion, and for loss of man­age­ment or employ­ee pro­duc­tiv­i­ty or of the ser­vices of such per­sons; and dam­ages incurred by the Con­trac­tor for prin­ci­pal office expens­es includ­ing the com­pen­sa­tion of per­son­nel sta­tioned there, for loss­es of financ­ing, busi­ness and rep­u­ta­tion, and for loss of prof­it except antic­i­pat­ed prof­it aris­ing direct­ly from the Work. This mutu­al waiv­er is applic­a­ble, with­out lim­i­ta­tion, to all con­se­quen­tial dam­ages due to either party’s ter­mi­na­tion in accor­dance with the require­ments herein. 

Notwith­stand­ing any­thing in this Sec­tion GC-33 or any oth­er term of the Project Doc­u­ments to the con­trary, it is acknowl­edged and agreed by Con­trac­tor that express­ly exclud­ed from the above ref­er­enced waiv­er of con­se­quen­tial dam­ages pro­vi­sions are any con­se­quen­tial dam­ages aris­ing out of or relat­ing to this Con­tract suf­fered by Own­er for which Con­trac­tor oth­er­wise would be liable as pro­vid­ed in the fol­low­ing three (3) sen­tences. Con­se­quen­tial dam­ages are not waived by Own­er to the extent such con­se­quen­tial dam­ages would be cov­ered and paid for by any applic­a­ble insur­ance. Fur­ther, with respect to such con­se­quen­tial dam­ages incurred by Own­er that are not paid by any applic­a­ble insur­ance, Own­er does not waive and Con­trac­tor shall be liable to Own­er for such con­se­quen­tial dam­ages up to the total cumu­la­tive amount of those rea­son­able amounts expect­ed by Con­trac­tor as prof­it. Fur­ther still, with respect to any con­se­quen­tial dam­ages incurred by Own­er that are due to the gross neg­li­gence or inten­tion­al wrong­ful acts or omis­sions of Con­trac­tor or any­one for whom Con­trac­tor is respon­si­ble, Own­er does not waive and Con­trac­tor shall be liable to Own­er for all such con­se­quen­tial dam­ages. Noth­ing here­in shall be con­strued as a cap or lim­i­ta­tion on any liq­ui­dat­ed dam­ages Con­trac­tor may owe Own­er pur­suant to the terms of the Project Documents. 

GC-34 Assign­ments and Sub­con­tracts

Any assign­ment of this Con­tract or rights here­un­der, in whole or part, with­out the pri­or writ­ten con­sent of Own­er shall be void, except that upon ten (10) cal­en­dars days writ­ten notice to Own­er or its rep­re­sen­ta­tive, Con­trac­tor may assign monies due or to become due under this Con­tract, pro­vid­ed that any assign­ment of monies shall be sub­ject to prop­er set-offs in favor of Own­er and any deduc­tions pro­vid­ed for in this Con­tract. Pur­chase orders and sub­con­tracts of any tier must include pro­vi­sions to secure all rights and reme­dies of Own­er pro­vid­ed under this Con­tract and must impose upon the low­er-tier sup­pli­er and sub­con­trac­tor all of the duties and oblig­a­tions required to ful­fill this Con­tract. No assign­ment or sub­con­tract shall relieve Con­trac­tor or its sureties of the respon­si­bil­i­ties under this Contract. 

GC-35 Sus­pen­sion

Own­er or its rep­re­sen­ta­tive may by writ­ten notice to Con­trac­tor sus­pend at any time the per­for­mance of all or any por­tion of the Work to be per­formed under the Con­tract. After receipt of such notice, Con­trac­tor shall imme­di­ate­ly dis­con­tin­ue work on the date and to the extent spec­i­fied in the notice, place no fur­ther orders or sub­con­tracts for mate­r­i­al, ser­vices, or facil­i­ties with respect to the sus­pend­ed work oth­er than to the extent required in the notice, con­tin­ue to pro­tect and main­tain the Work includ­ing those por­tions on which work has been sus­pend­ed, and take any oth­er rea­son­able steps to min­i­mize cost asso­ci­at­ed with such suspension. 

Upon receipt of notice to resume sus­pend­ed work, Con­trac­tor shall imme­di­ate­ly resume per­for­mance under this Con­tract to the extent required in the notice. 

GC-36 Ter­mi­na­tion for Default

Notwith­stand­ing any oth­er pro­vi­sions of this con­tract, Con­trac­tor shall be con­sid­ered in default of its con­trac­tu­al oblig­a­tions under this Con­tract if it per­forms work which fails to con­form to the require­ments of this Con­tract; fails to make progress so as to endan­ger per­for­mance of this con­tract with­in the required time peri­ods; aban­dons or refus­es to pro­ceed with any of the Work, includ­ing mod­i­fi­ca­tions or changes direct­ed pur­suant to the Gen­er­al Con­di­tions titled Changes;” fails to ful­fill or com­ply with any of the terms of this Con­tract’ engages in behav­ior that is dis­hon­est, fraud­u­lent or con­sti­tutes a con­flict of inter­est with Contractor’s oblig­a­tions under this Con­tract; or Con­trac­tor becomes insol­vent or makes a gen­er­al assign­ment for the ben­e­fit of cred­i­tors or rea­son­able grounds for inse­cu­ri­ty arise with respect to Contractor’s performance. 

Upon the occur­rence of any of the fore­go­ing, Own­er shall noti­fy Con­trac­tor in writ­ing of the nature of the fail­ure and of Owner’s inten­tion to ter­mi­nate the Con­tract for default. If Con­trac­tor does not cure such fail­ure with­in sev­en (7) cal­en­dar days from receipt of noti­fi­ca­tion, or soon­er if safe­ty is involved, or fails to pro­vide sat­is­fac­to­ry evi­dence that such default will be cor­rect­ed with­in a rea­son­able time, Own­er may, by writ­ten notice to Con­trac­tor, and with­out notice to Contractor’s sureties, if any, ter­mi­nate in whole or in part Contractor’s right to pro­ceed with the Work and Own­er may pros­e­cute the Work to com­ple­tion by con­tract or by any oth­er method deemed expe­di­ent. Own­er may take pos­ses­sion of and uti­lize any data, designs, licens­es, equip­ment, mate­ri­als, plant, tools, and prop­er­ty to any kind fur­nished by Con­trac­tor and nec­es­sary to com­plete the Work. 

Con­trac­tor and its sureties, if any, shall be liable for all costs in excess of the Con­tract price for such ter­mi­nat­ed work incurred by Own­er in the com­ple­tion of the Work, includ­ing cost of admin­is­tra­tion of any pur­chase order or sub­con­tract award­ed to oth­ers for completion. 

Upon ter­mi­na­tion for default, Con­trac­tor shall imme­di­ate­ly dis­con­tin­ue work on the date and to the extent spec­i­fied in the notice and place no fur­ther pur­chase orders or sub­con­tracts to the extent that they relate to the per­for­mance of the ter­mi­nat­ed work; inven­to­ry, main­tain and turn over to Own­er all data, designs, licens­es, equip­ment, mate­ri­als, plant, tools, and prop­er­ty fur­nished by Con­trac­tor or pro­vid­ed by Own­er for per­for­mance of the ter­mi­nat­ed work; prompt­ly obtain can­cel­la­tion upon terms sat­is­fac­to­ry to Own­er of all pur­chase orders, sub­con­tracts, rentals, or any oth­er agree­ments exist­ing for per­for­mance of the ter­mi­nat­ed work or assign those agree­ments as direc­tor by Own­er or its rep­re­sen­ta­tive; coop­er­ate with Own­er or its rep­re­sen­ta­tive in the trans­fer of data, designs, licens­es, and infor­ma­tion and dis­po­si­tion of work in progress so as to mit­i­gate dam­ages; com­ply with oth­er rea­son­able requests from Own­er or its rep­re­sen­ta­tive regard­ing the ter­mi­nat­ed work; and con­tin­ue to per­form in accor­dance with all of the terms and con­di­tions of this Con­tract such por­tion of the Work that is not terminated. 

If, after ter­mi­na­tion pur­suant to this clause, it is deter­mined for any rea­son that Con­trac­tor was not in default, the rights and oblig­a­tions of the par­ties shall be the same as if the notice of ter­mi­na­tion had been issued pur­suant to the Gen­er­al Con­di­tion enti­tle Option­al Termination. 

GC-37 Option­al Ter­mi­na­tion

Own­er may, at its option, ter­mi­nate for con­ve­nience any of the Work under this Con­tract in whole or, from time to time, in part, at any time by writ­ten notice to Con­trac­tor. Such notice shall spec­i­fy the extent to which the per­for­mance of the Work is ter­mi­nat­ed and the effec­tive date of such termination. 

Upon receipt of such notice Con­trac­tor shall imme­di­ate­ly dis­con­tin­ue the Work on the date and to the extent spec­i­fied in the notice and place no fur­ther pur­chase orders or sub­con­tracts for mate­ri­als, ser­vices, or facil­i­ties, oth­er than as may be required for com­ple­tion of such por­tion of the Work that is not ter­mi­nat­ed; prompt­ly obtain assign­ment or can­cel­la­tion upon terms sat­is­fac­to­ry to Own­er of all pur­chase orders, sub­con­tracts, rentals, or any oth­er agree­ments exist­ing for the per­for­mance of the ter­mi­nat­ed work or assign those agree­ments as direct­ed by Own­er or its rep­re­sen­ta­tive; assist Own­er or its rep­re­sen­ta­tive in the main­te­nance, pro­tec­tion and dis­po­si­tion of work in progress, plant, tools, equip­ment, prop­er­ty and mate­ri­als acquired by Con­trac­tor or fur­nished by Own­er or its rep­re­sen­ta­tive under this Con­tract; and com­plete per­for­mance of such por­tion of the Work which is not terminated. 

Upon any such ter­mi­na­tion, Con­trac­tor shall waive any claims for dam­ages includ­ing loss of antic­i­pat­ed prof­its; on account there­of, but as the sole right and rem­e­dy of Con­trac­tor, Own­er shall pay in accor­dance with (1) the Con­tract price cor­re­spond­ing to the work per­formed in accor­dance with this Con­tract pri­or to such notice of ter­mi­na­tion; (2) all rea­son­able costs for work there­after per­formed as spec­i­fied in such notice; (3) rea­son­able admin­is­tra­tive costs of set­tling and pay­ing claims aris­ing out of the ter­mi­na­tion of work under pur­chase orders or sub­con­tracts; (4) rea­son­able increased costs incurred in demo­bi­liza­tion and the dis­po­si­tion of resid­ual mate­r­i­al, plant, and equip­ment; and (5) rea­son­able over­head and prof­it on items 2 through 4

Con­tac­tor shall sub­mit with thir­ty (30) cal­en­dar days after receipt of notice of ter­mi­na­tion, a writ­ten state­ment set­ting forth its pro­pos­al for an adjust­ment to the Con­tract price to include only the incurred costs described in this clause. Own­er and its rep­re­sen­ta­tive shall review, ana­lyze, and ver­i­fy such pro­pos­al, and nego­ti­ate an equi­table adjust­ment, and the Con­tract shall be mod­i­fied accordingly. 

GC-38 Final Inspec­tion and Accep­tance

When Con­trac­tor con­sid­ers the Work, or any Own­er iden­ti­fied inde­pen­dent por­tion of the Work under this Con­tract to be com­plete and ready for accep­tance, Con­trac­tor shall noti­fy Own­er or its rep­re­sen­ta­tive in writ­ing. Own­er and its rep­re­sen­ta­tive, with Contractor’s coop­er­a­tion, will con­duct such reviews, inspec­tions and tests as may be rea­son­ably required to sat­is­fy the Own­er and its rep­re­sen­ta­tive that the Work, or iden­ti­fied por­tion of the Work, con­forms to all require­ments of the Con­tract. If all or any part of the Work cov­ered by Contractor’s notice does not con­form to con­tract require­ments, Own­er or its rep­re­sen­ta­tive shall noti­fy Con­trac­tor of such non­con­for­mance and Con­trac­tor shall take cor­rec­tive action and then have the non­con­form­ing work re-inspect­ed until all con­tract require­ments are satisfied. 

Owner’s writ­ten Cer­ti­fi­ca­tion of Final Accep­tance of the Work under this Con­tract shall be final and con­clu­sive except with regard to latent defects, fraud or such gross mis­take as amount to fraud, or with regard to Owner’s rights under the Gen­er­al Con­di­tions titled War­ran­ty”.

GC-39 Non-Waiv­er

Fail­ure by Own­er to insist upon strict per­for­mance of any terms or con­di­tions of this con­tract, or fail­ure or delay to exer­cise any rights or reme­dies here­in or by law, or fail­ure to prop­er­ly noti­fy Con­trac­tor in the event of breach, or the accep­tance of or pay­ment for any goods or ser­vices, here­un­der, or the review or fail­ure to review designs shall not release Con­trac­tor from any of the war­ranties or oblig­a­tions of this Con­tract and shall not be deemed a waiv­er of any right of Own­er to insist upon strict per­for­mance here­of or any of its rights or reme­dies as to any pri­or or sub­se­quent default here­un­der nor shall any ter­mi­na­tion of work under this con­tract by Own­er oper­ate as a waiv­er of any of the terms hereof. 

GC-40 Gov­ern­ment Restrict­ed Par­ties and Com­modi­ties

Con­trac­tor acknowl­edges that all applic­a­ble export rules and reg­u­la­tions of the ori­gin coun­tries shall apply to the exports of com­modi­ties, soft­ware and tech­nol­o­gy (tech­ni­cal data and assis­tance) under this con­tract. Con­trac­tor also acknowl­edges that oth­er rules and reg­u­la­tions may restrict the use of cer­tain par­ties under this con­tract. Such rules and reg­u­la­tions are gen­er­al­ly described below. 

  1. Restrict­ed Par­ties Lists 

Coun­try gov­ern­ments and inter­na­tion­al orga­ni­za­tions such as the Unit­ed Nations and Euro­pean Union pub­lish Restrict­ed Par­ties List (“Lists”) that iden­ti­fy par­ties (such as known or sus­pect­ed ter­ror­ists, mon­ey laun­der­ers and drug traf­fick­ers) restrict­ed from cer­tain or all types of trans­ac­tions. Con­trac­tor shall review all applic­a­ble Lists pri­or to ini­ti­at­ing trans­ac­tions with any third par­ty for the per­for­mance of all or any por­tion of the Work to ensure such third par­ty is not iden­ti­fied on any applic­a­ble Lists. Con­trac­tor shall not enter into any trans­ac­tions with any third par­ty iden­ti­fied on any applic­a­ble Lists. 

  1. Licens­ing Requirements 
  1. Gen­er­al: Each coun­try has export reg­u­la­tions that con­trol com­modi­ties, soft­ware and tech­nol­o­gy for var­i­ous rea­sons, such as nation­al secu­ri­ty, for­eign pol­i­cy, anti-ter­ror­ism, and to avoid the pro­lif­er­a­tion of weapons and poten­tial weapons, e.g. cer­tain nuclear, chem­i­cal or bio­log­i­cal agents. Numer­ous coun­tries have export reg­u­la­tions that specif­i­cal­ly address dual-use items, mean­ing com­mer­cial items with the poten­tial to be applied to mil­i­tary and/​or weapon pro­lif­er­a­tion uses. Con­trac­tor shall ensure that all nec­es­sary export licens­es are obtained, or license excep­tions con­firmed, pri­or to the export of any com­mod­i­ty, soft­ware, or technology. 
  1. Unit­ed States of Amer­i­ca (USA) Export Licens­ing Require­ments: Con­trac­tor is sole­ly respon­si­ble for obtain­ing any required USA export licens­es for all com­modi­ties, soft­ware, and tech­nol­o­gy being sup­plied in the per­for­mance of the Work, except for any com­mod­i­ty, soft­ware or tech­nol­o­gy sup­plied by Own­er. A copy of the export license, or ratio­nale as to why a license is not required, shall be pro­vid­ed to Owner’s Rep­re­sen­ta­tive or Own­er upon request. 

Con­trac­tor shall be respon­si­ble for any delay result­ing from Contractor’s fail­ure to com­ply ful­ly and time­ly with any such rule or reg­u­la­tion described above. 

Con­trac­tor here­by agrees to indem­ni­fy, defend and hold Owner’s Rep­re­sen­ta­tive, Own­er, each of their respec­tive affil­i­ates and the respec­tive direc­tors, offi­cers, employ­ees and rep­re­sen­ta­tives of each harm­less from and against any and all claims, legal or reg­u­la­to­ry actions, final judg­ments, rea­son­able attor­neys’ fees, civ­il fines and any oth­er loss­es which any of them may incur as a result of Contractor’s fail­ure to com­ply with its oblig­a­tions under this clause. 

GC-41 Equal Employ­ment Oppor­tu­ni­ty

Con­trac­tor is aware of and is ful­ly informed of Contractor’s oblig­a­tion under Exec­u­tive Order 11246 and, where applic­a­ble, shall com­ply with the require­ments of such Order and all orders, rules, and reg­u­la­tions pro­mul­gat­ed there­un­der unless exempt­ed therefrom. 

With­out lim­i­ta­tion of the fore­go­ing, Contractor’s atten­tion is direct­ed to 41 Code of Fed­er­al Reg­u­la­tions (CFR), Sec­tion 601.4, and the clause titled Equal Oppor­tu­ni­ty Clause” which, by this ref­er­ence, is incor­po­rat­ed herein. 

Con­trac­tor is aware of and is ful­ly informed of Contractor’s respon­si­bil­i­ties under Exec­u­tive Order No. 11701 List of Job Open­ings for Vet­er­ans” and, where applic­a­ble, shall com­ply with the require­ments of such Order and all orders, rules and reg­u­la­tions pro­mul­gat­ed there­un­der unless exempt­ed therefrom. 

With­out lim­i­ta­tion of the fore­go­ing, Contractor’s atten­tion is direct­ed to 41 CFR sec­tion 60 – 250 et seq. and the clause there­in titled Affir­ma­tive Action Oblig­a­tions of Con­trac­tors and Sub­con­trac­tors for Dis­abled Vet­er­ans and Vet­er­ans of the Viet­nam Era,” which by this ref­er­ence, is incor­po­rat­ed herein. 

Con­trac­tor cer­ti­fies that seg­re­gat­ed facil­i­ties, includ­ing but not lim­it­ed to wash­rooms, work areas and lock­er rooms, are not and will not be main­tained or pro­vid­ed for Contractor’s employ­ees. Where applic­a­ble, Con­trac­tor shall obtain a sim­i­lar cer­ti­fi­ca­tion from any of its sub­con­trac­tors, ven­dors, or sup­pli­ers per­form­ing the Work under this contract. 

Con­trac­tor is aware of and is ful­ly informed of Contractor’s respon­si­bil­i­ties under the Reha­bil­i­ta­tion Act of 1973 and the Amer­i­cans with Dis­abil­i­ties Act and, where applic­a­ble, shall com­ply with the pro­vi­sions of each Act and the reg­u­la­tions pro­mul­gat­ed there­un­der unless exempt­ed therefrom. 

With­out lim­i­ta­tion of the fore­go­ing, Contractor’s atten­tion is direct­ed to 41 CFR Sec­tion 60 – 741 and the clause there­in titled Affir­ma­tive Action Oblig­a­tions of Con­trac­tors and Sub­con­trac­tors for Hand­i­capped Work­ers,” which by this ref­er­ence, is incor­po­rat­ed herein. 

GC-42 Dis­ad­van­taged Busi­ness Enter­pris­es Pro­gram

Con­trac­tor shall sup­port Owner’s pol­i­cy and com­mit­ment to max­i­miz­ing, where prac­ti­cal, busi­ness oppor­tu­ni­ties for Dis­ad­van­taged Busi­ness Enter­pris­es (as iden­ti­fied in the Spe­cial Con­di­tions) by active­ly iden­ti­fy­ing, encour­ag­ing and assist­ing in their par­tic­i­pa­tion and oth­er­wise mak­ing a good faith effort to achieve the DBE goals estab­lished for this project. 

GC-43 Author­i­ty of Owner’s Rep­re­sen­ta­tive

The Owner’s Rep­re­sen­ta­tive shall decide any and all ques­tions which may arise as to the qual­i­ty and accept­abil­i­ty of mate­ri­als fur­nished, work per­formed, and as to the man­ner of per­for­mance and rate of progress of the Work. The Owner’s Rep­re­sen­ta­tive also shall decide all ques­tions that may arise as to the inter­pre­ta­tion of the spec­i­fi­ca­tions or plans relat­ing to the Work. The Owner’s Rep­re­sen­ta­tive shall deter­mine the amount and qual­i­ty of the sev­er­al kinds of Work per­formed and mate­ri­als fur­nished which are to be paid for under the contract. 

GC-44 Con­for­mi­ty with Plans and Spec­i­fi­ca­tions

All Work and all mate­ri­als fur­nished shall be in con­for­mi­ty with the dimen­sions, qual­i­ty, quan­ti­ty, mate­r­i­al, and test­ing require­ments that are spec­i­fied (includ­ing spec­i­fied tol­er­ances) in the Con­tract Documents. 

If the Owner’s Rep­re­sen­ta­tive finds the mate­ri­als fur­nished, Work per­formed, match or the fin­ished prod­uct not with­in con­for­mi­ty with the Con­tract Doc­u­ments but that the por­tion of the Work affect­ed will, in its opin­ion, result in a fin­ished project hav­ing a lev­el of safe­ty, econ­o­my, dura­bil­i­ty, and work­man­ship accept­able to the Own­er, it will advise the Own­er of its rec­om­men­da­tion that the affect­ed Work be accept­ed and remain in place. In this event, the Owner’s Rep­re­sen­ta­tive will doc­u­ment its deter­mi­na­tion and rec­om­mend to the Own­er a basis of accep­tance that will pro­vide for an adjust­ment in the con­tract price for the affect­ed por­tion of the Work. The Owner’s Rep­re­sen­ta­tive deter­mi­na­tion and rec­om­mend­ed con­tract price adjust­ments will be based on the Owner’s Representative’s rea­son­able judg­ment and such test or retests of the affect­ed Work as are, in its opin­ion, need­ed. Own­er may accept or reject the Owner’s Representative’s rec­om­men­da­tion (includ­ing any price adjust­ment rec­om­men­da­tion) in its sole dis­cre­tion. Changes in the con­tract price shall be cov­ered by Change Order or sup­ple­men­tal agree­ment, as applicable. 

If the Owner’s Rep­re­sen­ta­tive finds the mate­ri­als fur­nished, Work per­formed, or the fin­ished prod­uct are not in con­for­mi­ty with the Con­tract Doc­u­ments and which Own­er has not decid­ed to accept with a price adjust­ment as pro­vid­ed above, the affect­ed Work or mate­ri­als shall be removed and replace or oth­er­wise cor­rect­ed by and at the expense of Con­trac­tor in accor­dance with the Owner’s Representative’s writ­ten orders. 

For the pur­pose of this sub­sec­tion, noth­ing here­in shall be con­strued as waiv­ing Contractor’s respon­si­bil­i­ty to com­plete the Work in accor­dance with the Invi­ta­tion to Bid or Bid Specifications. 

Nei­ther Owner’s Rep­re­sen­ta­tive nor Own­er will be respon­si­ble for the Contractor’s means, meth­ods, tech­niques, sequences, or pro­ce­dures of con­struc­tion or the safe­ty pre­cau­tions inci­dent thereto. 

GC-45 Author­i­ty and Duties of Inspec­tors

Inspec­tors employed by the Own­er or Owner’s Rep­re­sen­ta­tive shall be autho­rized to inspect all Work done and all mate­ri­als fur­nished. Such inspec­tion may extend to all or any part of the Work and to the prepa­ra­tion, fab­ri­ca­tion, or man­u­fac­ture of the mate­ri­als used. Inspec­tors are not autho­rized to revoke, alter, or waive any pro­vi­sion of the con­tract. Inspec­tors are not autho­rized to issue instruc­tions con­trary to the plans and spec­i­fi­ca­tions or to act as fore­man for the Contractor. 

Inspec­tors employed by the Own­er or Owner’s Rep­re­sen­ta­tive are autho­rized to noti­fy the Con­trac­tor or its 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 Owner’s Rep­re­sen­ta­tive for its ini­tial decision. 

GC-46 Source of Sup­ply and Qual­i­ty Require­ments

The mate­ri­als used in the Work shall con­form to the require­ments of the Con­tract Doc­u­ments. 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, Con­trac­tor shall fur­nish com­plete state­ments to the Owner’s Rep­re­sen­ta­tive as to the ori­gin, com­po­si­tion, and man­u­fac­ture of all mate­ri­als to be used in the Work. Such state­ments shall be fur­nished prompt­ly after exe­cu­tion of the con­tract but, in all cas­es, pri­or to deliv­ery of such materials. 

At the Owner’s Representative’s option, mate­ri­als may be approved at the source of sup­ply before deliv­ery is stat­ed. If it is found after tri­al that sources of sup­ply for pre­vi­ous­ly approved mate­ri­als do not pro­duce spec­i­fied prod­ucts, the Con­trac­tor shall fur­nish mate­ri­als from oth­er sources. 

GC-47 Sam­ples, Tests, and Cit­ed Spec­i­fi­ca­tions

Except for those tests to be per­formed by Con­trac­tor pur­suant to the Con­tract Doc­u­ments, all mate­ri­als used in the Work may be inspect­ed, test­ed, and approved or denied by the Owner’s Rep­re­sen­ta­tive at any time before incor­po­ra­tion in the Work, its deci­sion. Any Work in which untest­ed mate­ri­als are used at the Con­trac­tors risk. Any untest­ed mate­ri­als used in the Work and are found to not com­ply with require­ments of the Con­tract Doc­u­ments, such mate­ri­als shall be removed and replaced with mate­ri­als test­ed and approved by the Owner’s Rep­re­sen­ta­tive at the Contractor’s expense. Mate­ri­als found to be unac­cept­able will not be paid for. 

Unless oth­er­wise des­ig­nat­ed in the Con­tract Doc­u­ments, tests in accor­dance with the cit­ed stan­dard meth­ods of ASTM, AASH­TO, Fed­er­al Spec­i­fi­ca­tions, Com­mer­cial Item Descrip­tions, and all oth­er cit­ed meth­ods, which are cur­rent on the date of adver­tise­ment of the bids, will be made by the Owner’s Rep­re­sen­ta­tive or Own­er at the Owner’s expense. The test­ing orga­ni­za­tions per­form­ing on site field tests shall have copies of all ref­er­enced stan­dards on the con­struc­tion site for use by all tech­ni­cians and oth­er per­son­nel includ­ing the Contractor’s rep­re­sen­ta­tive at its request. Unless oth­er­wise des­ig­nat­ed, sam­ples will be tak­en by a qual­i­fied rep­re­sen­ta­tive of the Owner’s Rep­re­sen­ta­tive. All mate­ri­als being used are sub­ject to inspec­tion, test, or rejec­tion at any time pri­or to or after incor­po­ra­tion into the Work. Copies of all tests will be fur­nished to the Contractor’s rep­re­sen­ta­tive at its request. 

The Con­trac­tor shall employ a test­ing orga­ni­za­tion to per­form all Con­trac­tor required tests. The Con­trac­tor shall sub­mit to the Owner’s Rep­re­sen­ta­tive resumes on all test­ing orga­ni­za­tions and indi­vid­ual per­sons who will be per­form­ing the tests. The Owner’s Rep­re­sen­ta­tive shall have the right, fol­low­ing review of such cre­den­tials, to reject any orga­ni­za­tion or indi­vid­ual per­sons per­form­ing the tests at its deci­sion and require the Con­trac­tor to find alter­na­tive orga­ni­za­tions or indi­vid­u­als accept­able to the Owner’s Rep­re­sen­ta­tive. All the test data shall be report­ed to the Owner’s Rep­re­sen­ta­tive after the results are known. Leg­i­ble, print­ed reports of all test data shall be giv­en to the Owner’s Rep­re­sen­ta­tive with­in five (5) busi­ness days of such tests. After com­ple­tion of the Work, and pri­or to final pay­ment, Con­trac­tor shall sub­mit a final report to the Owner’s Rep­re­sen­ta­tive show­ing all test data reports, plus an analy­sis of all results show­ing ranges, aver­ages, and cor­rec­tive action tak­en on all fail­ing tests. 

GC-48 Cer­ti­fi­ca­tion of Com­pli­ance

The Owner’s Rep­re­sen­ta­tive may per­mit the use, pri­or to sam­pling and test­ing, of cer­tain mate­ri­als or assem­blies when accom­pa­nied by manufacturer’s cer­tifi­cates of com­pli­ance stat­ing that such mate­ri­als or assem­blies ful­ly com­ply with the require­ments of the con­tract. The cer­tifi­cate shall be signed by the man­u­fac­tur­er. Each lot of such mate­ri­als or assem­blies deliv­ered to the work must be accom­pa­nied by a cer­tifi­cate of com­pli­ance in which the lot is clear­ly identified. 

Mate­ri­als or assem­blies used on the basis of cer­tifi­cates of com­pli­ance may be sam­pled and test­ed at any time and if found not to be in con­for­mi­ty with con­tract require­ments will be sub­ject to rejec­tion whether in place or not. 

The form and dis­tri­b­u­tion of cer­tifi­cates of com­pli­ance shall be as approved by the Owner’s Representative. 

When a mate­r­i­al or assem­bly is spec­i­fied by brand name or equal” and the Con­trac­tor elects to fur­nish the spec­i­fied brand name,” the Con­trac­tor shall be required to fur­nish the manufacturer’s cer­tifi­cate of com­pli­ance for each lot of such mate­r­i­al or assem­bly deliv­er to the Work. Such cer­tifi­cates of com­pli­ance shall clear­ly iden­ti­fy each lot deliv­ered and shall cer­ti­fy as to: 

  1. Con­for­mance to the spec­i­fied per­for­mance, test­ing, qual­i­ty or dimen­sion­al require­ments; and 
  1. Suit­abil­i­ty of the mate­r­i­al or assem­bly for the use intend­ed in the Work. 

Should the Con­trac­tor pro­pose to fur­nish an or equal” mate­r­i­al or assem­bly, it shall fur­nish the manufacturer’s cer­tifi­cates of com­pli­ance as here­in­be­fore described for the spec­i­fied brand name mate­r­i­al or assem­bly pri­or to and be approved by the Owner’s Rep­re­sen­ta­tive pri­or to its order and deliv­ery to the Work. Any mate­r­i­al or assem­bly fur­nished or equal” not pri­or approved shall be removed from the Work at the Contractor’s cost and shall not be paid for. 

GC-49 Pay­ment for Mate­ri­als On-Hand

Par­tial pay­ments may be made to the extent of the deliv­ered cost of mate­ri­als to be incor­po­rat­ed in the Work, pro­vid­ed that such mate­ri­als meet the require­ments of the Con­tract Doc­u­ments and are deliv­ered to accept­able sites on the air­port prop­er­ty or at oth­er sites in the vicin­i­ty that are accept­able to the Own­er. Such deliv­ered costs of stored or stock­piled mate­ri­als may be includ­ed in the next par­tial pay­ment after the fol­low­ing con­di­tions are met: 

  1. The mate­r­i­al has been stored or stock­piled in a man­ner accept­able to the Owner’s Rep­re­sen­ta­tive or Own­er at or on an Own­er approved site, 
  1. The Con­trac­tor has fur­nished the Owner’s Rep­re­sen­ta­tive with accept­able evi­dence of the quan­ti­ty and qual­i­ty of such stored or stock­piled materials, 
  1. The Con­trac­tor has fur­nished the Owner’s Rep­re­sen­ta­tive with sat­is­fac­to­ry evi­dence that the mate­r­i­al and trans­porta­tion costs have been paid, 
  1. The Con­trac­tor has fur­nished the Own­er legal title (free of liens or encum­brances of any kind) to the mate­r­i­al so stored or stockpiled, 
  1. The Con­trac­tor has fur­nished the Own­er evi­dence that the mate­r­i­al so stored or stock­piled is insured against loss by dam­age to or dis­ap­pear­ance of such mate­ri­als at any time pri­or to use in the Work, 

It is under­stood and agreed that the trans­fer of title and the Owner’s pay­ment for such stored or stock­piled mate­ri­als shall in no way relieve the Con­trac­tor of its respon­si­bil­i­ty for fur­nish­ing and plac­ing such mate­ri­als in accor­dance with the require­ments of the Con­tract Documents. 

In no case will the amount of par­tial pay­ments for mate­ri­als on hand exceed the allo­cat­ed por­tion of the con­tract price for such mate­ri­als or the con­tract price for the con­tract item in which the mate­r­i­al is intend­ed to be used, less any applic­a­ble retained por­tions. The Con­trac­tor shall bear all costs asso­ci­at­ed with the par­tial pay­ment of stored or stock­piled mate­ri­als in accor­dance with the pro­vi­sions of this subsection. 

GC-50 Bid Secu­ri­ty

Guar­an­tee will be required with each bid as a cer­ti­fied check on a sol­vent bank or a bid bond in the amount of five (5) per­cent of the total amount of the bid, made payable to the Pana­ma City – Bay Coun­ty Air­port and Indus­tri­al District. 

GC-51 Bond­ing Require­ments

The suc­cess­ful bid­der will be required to fur­nish sep­a­rate per­for­mance and pay­ment bonds each in an amount equal to 100% of the con­tract price. 

GC-52 Per­for­mance and Pay­ment Secu­ri­ties

The suc­cess­ful Bid­der shall deliv­er to the Own­er or the Owner’s Autho­rized Rep­re­sen­ta­tive no lat­er than ten (10) cal­en­dar days after con­tract award and pri­or to com­menc­ing the Work or enter­ing the Project Site, a Per­for­mance and Pay­ment Bond in the form sup­plied in the bid and project doc­u­ments and exe­cut­ed, as sure­ty, by a cor­po­ra­tion accept­able to the Own­er and autho­rized to issue such bonds in the juris­dic­tion of Bay Coun­ty, Flori­da. Such Per­for­mance Bond and Pay­ment Bond shall each be for one hun­dred per­cent (100%) of the total as set forth in Bidder’s pro­pos­al. The cost of such Per­for­mance Bond and Pay­ment Bond shall be includ­ed in the Guar­an­teed Max­i­mum Price sub­mit­ted in the Bidder’s Proposal 

END OF GEN­ER­AL CON­DI­TIONS

NORTH­WEST FLORI­DA BEACH­ES INTER­NA­TION­AL AIR­PORT

GEN­ER­AL CON­DI­TIONS

GC1 Inde­pen­dent Con­trac­tor

Con­trac­tor rep­re­sents that it is ful­ly expe­ri­enced, prop­er­ly qual­i­fied, reg­is­tered, licensed, equipped, orga­nized, and financed to per­form the Work under this con­tract. Con­trac­tor shall act as an inde­pen­dent con­trac­tor and is not an agent of the Own­er in per­form­ing this con­tract, main­tain­ing com­plete con­trol over its employ­ees and all its sup­pli­ers and sub­con­trac­tors of any tier. Noth­ing con­tained in this con­tract or any low­er-tier pur­chase orders or sub­con­tracts award­ed by the Con­trac­tor shall cre­ate any con­trac­tu­al rela­tion­ship with the Own­er and/​or its rep­re­sen­ta­tive. Con­trac­tor shall per­form the Work here­un­der in accor­dance with its own meth­ods sub­ject to com­pli­ance with the Contract. 

GC2 Autho­rized Rep­re­sen­ta­tives

Before start­ing the Work, Con­trac­tor shall des­ig­nate in writ­ing an autho­rized rep­re­sen­ta­tive accept­able to the Own­er or its rep­re­sen­ta­tive to rep­re­sent and act for Con­trac­tor and shall spec­i­fy any and all lim­i­ta­tions of such representative’s authority. 

GC3 Notices

Any notices required here­un­der shall be in writ­ing and may be served either per­son­al­ly on the autho­rized rep­re­sen­ta­tive of the receiv­ing par­ty at the Job­site, by fac­sim­i­le, by couri­er or express deliv­ery, or by cer­ti­fied mail to the fac­sim­i­le num­ber or address of that par­ty, or at such fac­sim­i­le num­ber or address as may have been direct­ed by writ­ten notice. 

GC4 Con­tract Inter­pre­ta­tions

All ques­tions con­cern­ing inter­pre­ta­tion or clar­i­fi­ca­tion of this Con­tract or applic­a­ble stan­dards and codes, includ­ing the dis­cov­ery of con­flicts, dis­crep­an­cies, errors or omis­sions, or the accept­able per­for­mance there­of by con­trac­tor, shall be imme­di­ate­ly sub­mit­ted in writ­ing to the Own­er or its rep­re­sen­ta­tive for res­o­lu­tion. At all times Con­trac­tor shall pro­ceed with the Work in accor­dance with the deter­mi­na­tions, instruc­tions, and clar­i­fi­ca­tions of the Own­er or its rep­re­sen­ta­tive. Con­trac­tor shall be sole­ly respon­si­ble for request­ing instruc­tions, inter­pre­ta­tions or clar­i­fi­ca­tions and shall be sole­ly liable for any costs and expense aris­ing from its fail­ure to do so. 

GC5 Order of Prece­dence

All Project Doc­u­ments and sub­se­quent­ly issued Change Orders and Amend­ments are essen­tial parts of this Con­tract and a require­ment occur­ring in one is bind­ing as though occur­ring in all. In resolv­ing con­flicts, dis­crep­an­cies, errors or omis­sions the fol­low­ing order of prece­dence shall be used 

  1. Invi­ta­tion to Bid 
  1. Spe­cial Conditions 
  1. Gen­er­al Conditions 
  1. Scope of Work 
  1. Spec­i­fi­ca­tions

GC6 Stan­dards and Codes

Wher­ev­er ref­er­ences are made in this con­tract to stan­dards or codes in accor­dance with which the Work under this Con­tract is to be per­formed, the edi­tion or revi­sion of the stan­dards or codes cur­rent on the effec­tive date of this con­tract shall apply unless oth­er­wise express­ly stat­ed. In case of con­flict between any ref­er­enced stan­dards and codes and any Project Doc­u­ments, the Project Doc­u­ments shall govern. 

GC7 Laws and Reg­u­la­tions

All applic­a­ble laws, ordi­nances, statutes, rules, reg­u­la­tions, orders or decrees, includ­ing Owner’s Air­port Secu­ri­ty Pro­gram and oth­er for­mal­ly adopt­ed rules and reg­u­la­tions, in effect at the time the Work under this Con­tract is per­formed shall apply to Con­trac­tor and its employ­ees, rep­re­sen­ta­tive, its sub­con­trac­tors, sub-sub­con­trac­tors, mate­r­i­al sup­pli­ers and oth­ers under Contractor’s Con­tract for the Work. 

GC8 Per­mits, Licens­es and Cer­ti­fi­ca­tions

Unless oth­er­wise spec­i­fied, Con­trac­tor shall pro­cure and pay for all per­mits, licens­es, cer­ti­fi­ca­tions and oth­er applic­a­ble gov­ern­ing author­i­ty require­ments and inspec­tions, as required to con­duct and oth­er­wise per­mit per­for­mance of the Work. Con­trac­tor shall sub­mit for and secure any required per­mits as need­ed to per­form its oblig­a­tions dur­ing the con­tract period. 

GC9 Tax­es

Con­trac­tor shall pay all tax­es, levies, duties and assess­ments of every nature due in con­nec­tion with the Work under this Con­tract and shall make any and all pay­roll deduc­tions and with­hold­ings required by law, an here­by indem­ni­fies and holds harm­less the Own­er and its rep­re­sen­ta­tive from any lia­bil­i­ty on account of any and all such tax­es, levies, duties, assess­ments, and deductions. 

GC-10 Labor, Per­son­nel and Work Rules

Con­trac­tor shall employ only com­pe­tent and skilled per­son­nel to per­form the Work and shall remove from the Job­site any Con­trac­tor per­son­nel deter­mined to be unfit or to be act­ing in vio­la­tion of any pro­vi­sion of this Con­tract. Con­trac­tor is respon­si­ble for main­tain­ing labor rela­tions in such man­ner that there is har­mo­ny among work­ers and shall com­ply with and enforce Project and Job­site pro­ce­dures, reg­u­la­tions, work rules, and work hours estab­lished by the Own­er or its representative. 

The Own­er may, at its sole dis­cre­tion, direct­ly or through its rep­re­sen­ta­tive deny access to the Job­site to any indi­vid­ual by writ­ten notice to Con­trac­tor and Con­trac­tor shall prompt­ly replace such indi­vid­ual with anoth­er who is ful­ly com­pe­tent and skilled to per­form the Work. 

Con­trac­tor shall, to the extent per­mis­si­ble under applic­a­ble law, com­ply with the pro­vi­sions of all labor agreement(s) which apply to the Work per­formed under this Con­tract. Unless oth­er meth­ods are estab­lished by Own­er, the rules, reg­u­la­tions, and pro­ce­dures of the Plan for Set­tle­ment of Juris­dic­tion­al Dis­putes in the Con­struc­tion Indus­try, or any suc­ces­sor agree­ment there­to, shall be used to deter­mine work assign­ments and to resolve juris­dic­tion­al dis­putes on work cov­ered by this Contract. 

GC-11 Com­mer­cial Activ­i­ties

Nei­ther Con­trac­tor nor its employ­ees shall estab­lish any com­mer­cial activ­i­ty or issue con­ces­sions or per­mits of any kind to third par­ties for estab­lish­ing com­mer­cial activ­i­ties on the Job­site or any oth­er lands owned or con­trolled by Owner. 

GC-12 Pub­lic­i­ty and Adver­tis­ing

Con­trac­tor shall not make any announce­ment, take any pho­tographs, or release any infor­ma­tion con­cern­ing this Con­tract, or Project, or any part there­of to any mem­ber of the pub­lic, press, busi­ness enti­ty, or any offi­cial body unless pri­or writ­ten con­sent is obtained from the Owner. 

GC-13 Safe­ty and Health

Con­trac­tor shall be sole­ly respon­si­ble for con­duct­ing oper­a­tions under this Con­tract to avoid risk of harm to the health and safe­ty of per­sons and prop­er­ty and for inspect­ing and mon­i­tor­ing all its equip­ment, mate­ri­als and work prac­tices to ensure com­pli­ance with its oblig­a­tions under this con­tract. Con­trac­tor shall assume all respon­si­bil­i­ty and lia­bil­i­ty with respect to all mat­ters regard­ing safe­ty and health of its employ­ees and the employ­ees of Contractor’s sup­pli­ers and sub­con­trac­tors of any tier, with respect to the risks under this Contract. 

GC-14 Envi­ron­men­tal Require­ments

Through­out per­for­mance of the Work, Con­trac­tor shall con­duct all oper­a­tions in such a way as to min­i­mize impact upon the nat­ur­al envi­ron­ment and pre­vent any spread or release of con­t­a­m­i­nat­ed or haz­ardous sub­stances and com­ply with all applic­a­ble laws, reg­u­la­tions, ordi­nances, statutes, rules, and codes gov­ern­ing envi­ron­men­tal require­ments and con­duct the Work based on the require­ments of this Con­tract includ­ing com­pli­ance with per­mit require­ments and Project plans and approvals. Con­trac­tor shall indem­ni­fy Own­er for any penal­ties, fines, and costs incurred, includ­ing costs for envi­ron­men­tal stud­ies and reme­di­a­tion, that arise due to Contractor’s improp­er per­for­mance of the Work or Contractor’s negligence. 

GC-15 Site Con­di­tions and Nat­ur­al Resources

Con­trac­tor shall have the sole respon­si­bil­i­ty for sat­is­fy­ing itself con­cern­ing the nature and loca­tion of the Work and the gen­er­al and local con­di­tions, includ­ing but not lim­it­ed to, trans­porta­tion, access, dis­pos­al, handling/​storage mate­ri­als, labor avail­abil­i­ty, water, elec­tri­cal pow­er, road con­di­tions, cli­mat­ic con­di­tions, soil con­di­tions, sea­sons, hydrol­o­gy, phys­i­cal site con­di­tion, project area, topog­ra­phy, ground sur­face con­di­tions, equip­ment and facil­i­ties need­ed pre­lim­i­nary to and dur­ing the per­for­mance of the Work. The fail­ure of Con­trac­tor to acquaint itself with any applic­a­ble con­di­tions will not relieve Con­trac­tor of the respon­si­bil­i­ty for prop­er­ly esti­mat­ing the dif­fi­cul­ties, time or cost of suc­cess­ful­ly per­form­ing Contractor’s oblig­a­tions under this Contract. 

GC-16 Dif­fer­ing Site Con­di­tions

Where the Own­er or its rep­re­sen­ta­tive has made inves­ti­ga­tions of sub­sur­face, sur­face and soil con­di­tions in areas where work is to be per­formed under this Con­tract, such inves­ti­ga­tions are made by Own­er or its rep­re­sen­ta­tive for the pur­pose of study and design. If such records of such inves­ti­ga­tions are includ­ed in the Project Doc­u­ments, the inter­pre­ta­tion of such records shall be the sole respon­si­bil­i­ty of Con­trac­tor and the Own­er or its rep­re­sen­ta­tive assumes any respon­si­bil­i­ty what­so­ev­er in respect to the suf­fi­cien­cy or accu­ra­cy of such inves­ti­ga­tions, the records there­of, or the inter­pre­ta­tions set forth and there is no war­ran­ty or guar­an­tee, either express or implied, that the con­di­tions indi­cat­ed by such inves­ti­ga­tions or records there­of are rep­re­sen­ta­tive of those exist­ing through­out such areas, or any part there­of, or that unfore­seen devel­op­ments may not occur, or that mate­ri­als oth­er than or in pro­por­tions dif­fer­ent from those indi­cat­ed may not be encountered. 

GC-17 Contractor’s Work Area

Con­trac­tor shall con­fine its oper­a­tions to the areas des­ig­nat­ed in the plans as the areas of Work or access to the Work or areas des­ig­nat­ed for stor­age. Con­trac­tor shall coor­di­nate with Own­er any planned dis­rup­tion of oper­a­tions at, or adja­cent to, Work­site. Con­trac­tor shall, at all times, keep its work areas in neat, clean and safe con­di­tions. Upon com­ple­tion of any por­tion of the Work, Con­trac­tor shall prompt­ly remove from the work area all its equip­ment, stor­age, tem­po­rary struc­tures, sur­plus mate­ri­als not to be used at or near the same loca­tion dur­ing lat­er stages of the Work. Upon com­ple­tion of the Work and pri­or to final pay­ment, Con­trac­tor shall at its expense sat­is­fac­to­ri­ly dis­pose of all rub­bish, remove all plant, equip­ment, and mate­ri­als and leave the premis­es in a neat, clean and safe con­di­tion. If Con­trac­tor fails to com­ply with these fore­go­ing require­ments, Own­er may accom­plish same at Contractor’s expense. 

GC-18 Coop­er­a­tion with Oth­ers

The Own­er may have its employ­ees, rep­re­sen­ta­tives, oth­er con­trac­tors and oth­er sub­con­trac­tors work­ing at the Job­site dur­ing the per­for­mance of this Con­tract and Contractor’s work or use of cer­tain facil­i­ties may be inter­fered with as a result of such con­cur­rent activ­i­ties. Own­er reserves the right to require Con­trac­tor to sched­ule the order of per­for­mance of the Work in such a man­ner as will min­i­mize the inter­fer­ence with work of any of the par­ties involved. 

GC-19 Respon­si­bil­i­ty for Work, Secu­ri­ty and Prop­er­ty

Con­trac­tor shall be respon­si­ble for and shall bear any and all risk of loss or dam­age to work in progress and, pur­suant to the Spe­cial Con­di­tion titled Title and Risk of Loss,” to equip­ment and mate­ri­als. Con­trac­tor shall be respon­si­ble for all receiv­ing and unload­ing of mate­ri­als for the Work, stor­ing of mate­ri­als and equip­ment sub­ject to degra­da­tion by the ele­ments and secure same from oth­er dam­age or loss. Con­trac­tor shall at all times con­duct all oper­a­tions under this Con­tract in a man­ner to avoid the risk of loss, theft, or dam­age by van­dal­ism, sab­o­tage or any oth­er means to any equip­ment, mate­ri­als, work or oth­er prop­er­ty at the Job­site. Con­trac­tor shall plan and con­duct its oper­a­tions so as not to enter into lands in their nat­ur­al state unless pre-autho­rized by the Own­er, dam­age, close, obstruct or oth­er­wise inter­fere with any util­i­ty instal­la­tion, ditch, high­way, road, struc­ture or oth­er prop­er­ty, and if nec­es­sary to do so, receive the Owner’s pre-per­mis­sion pri­or to such obstruc­tion or interference. 

GC-20 Clean­ing Up

Con­trac­tor shall, at all times, keep its work areas in a neat, clean and safe con­di­tion. Upon com­ple­tion of any por­tion of the Work, Con­trac­tor shall prompt­ly remove from the work area all its equip­ment, con­struc­tion plant, tem­po­rary struc­tures and sur­plus mate­ri­als not to be used at or near the same loca­tion dur­ing lat­er stages of the Work. 

Upon com­ple­tion of the Work and pri­or to final pay­ment, Con­trac­tor shall at its expense sat­is­fac­to­ri­ly dis­pose of all rub­bish, remove all plant, build­ings, equip­ment and mate­ri­als belong­ing to Con­trac­tor and return to Owner’s ware­house or Job­site stor­age area all sal­vage­able Own­er sup­plied mate­ri­als. Con­trac­tor shall leave the premis­es in a neat, clean and safe condition. 

In event of Contractor’s fail­ure to com­ply with the fore­go­ing require­ments, Own­er may accom­plish same at Contractor’s expense. 

GC-21 Contractor’s Plant, Equip­ment and Facil­i­ties

Con­trac­tor shall pro­vide and use for the Work only such con­struc­tion plant and equip­ment as are capa­ble of pro­duc­ing the qual­i­ty and quan­ti­ty of work and mate­ri­als required by this con­tract and with­in the time or times spec­i­fied in the Con­tract Documents. 

Before pro­ceed­ing with the Work, Con­trac­tor shall fur­nish Owner’s Rep­re­sen­ta­tive and Own­er with infor­ma­tion and draw­ings rel­a­tive to such equip­ment, plant and facil­i­ties as Owner’s Rep­re­sen­ta­tive or Own­er may request. Upon writ­ten order of Own­er or Owner’s Rep­re­sen­ta­tive, Con­trac­tor shall dis­con­tin­ue oper­a­tion of unsat­is­fac­to­ry plant, equip­ment or facil­i­ties and shall either mod­i­fy the unsat­is­fac­to­ry items or remove such items from the Jobsite. 

GC-22 Use of Com­plet­ed Por­tions of Work

When­ev­er, as deter­mined by Own­er, any por­tion of the Work per­formed by Con­trac­tor is suit­able for use, Own­er may, upon writ­ten notice, occu­py and use such por­tion. Use shall not con­sti­tute accep­tance, relieve Con­trac­tor of its respon­si­bil­i­ties, or act as a waiv­er by Own­er of any terms of this contract. 

Con­trac­tor shall not be liable for nor­mal wear and tear or for repair of dam­age caused by any mis­use dur­ing such occu­pan­cy or use by Own­er. If such use increas­es the cost or time of per­for­mance of remain­ing por­tions of the Work, Con­trac­tor shall, pur­suant to the Gen­er­al Con­di­tion titled Changes,” be enti­tled to an equi­table adjust­ment in its com­pen­sa­tion or sched­ule under this contract. 

If, as a result of Contractor’s fail­ure to com­ply with the pro­vi­sions of this con­tract, such use proves to be unsat­is­fac­to­ry to Own­er, Own­er shall have the right to con­tin­ue such use until such por­tion of the Work can, with­out injury to Own­er, be tak­en out of ser­vice for cor­rec­tion of defects, errors, omis­sions or replace­ment of unsat­is­fac­to­ry mate­ri­als or equip­ment as nec­es­sary for such por­tion of the Work to com­ply with the con­tract; pro­vid­ed that the peri­od of such oper­a­tion or use pend­ing com­ple­tion of appro­pri­ate reme­di­al action shall not exceed twelve (12) months unless oth­er­wise mutu­al­ly agreed in writ­ing between the parties. 

Con­trac­tor shall not use any per­ma­nent­ly installed equip­ment until such use is approved in writ­ing by Own­er. When such use is approved, Con­trac­tor shall, at Contractor’s expense prop­er­ly use and main­tain and, upon com­ple­tion of such use, recon­di­tion such equip­ment as required to meet specifications. 

If Owner’s Rep­re­sen­ta­tive or Own­er fur­nish­es an oper­a­tor for such per­ma­nent­ly installed equip­ment, all ser­vices per­formed shall be under the com­plete direc­tion and con­trol of Con­trac­tor, and such oper­a­tor shall be con­sid­ered Contractor’s employ­ee for all pur­pos­es oth­er than pay­ment of such operator’s wages, Worker’s Com­pen­sa­tion Insur­ance or oth­er benefits. 

GC-23 Inspec­tion, Qual­i­ty Sur­veil­lance, Rejec­tion of Mate­ri­als and Work­man­ship

All mate­r­i­al and equip­ment fur­nished and work per­formed shall be prop­er­ly inspect­ed by Con­trac­tor at its expense, and shall at all times be sub­ject to qual­i­ty sur­veil­lance and qual­i­ty audit by Owner’s Rep­re­sen­ta­tive, Own­er or their autho­rized rep­re­sen­ta­tives who, upon rea­son­able notice, shall be afford­ed full and free access to the shops, fac­to­ries or oth­er places of busi­ness of Con­trac­tor and its sup­pli­ers and sub­con­trac­tors of any tier for such qual­i­ty sur­veil­lance or audit. Con­trac­tor shall pro­vide safe and ade­quate facil­i­ties, draw­ings, doc­u­ments and sam­ples as request­ed, and shall pro­vide assis­tance and coop­er­a­tion includ­ing stop­page of work to per­form such exam­i­na­tion as may be nec­es­sary to deter­mine com­pli­ance with the require­ments of this con­tract. Any work cov­ered pri­or to any qual­i­ty sur­veil­lance or test by Owner’s Rep­re­sen­ta­tive or Own­er shall be uncov­ered and replaced at the expense of con­trac­tor if such cov­er­ing inter­feres with or obstructs such inspec­tion or test. Fail­ure of Owner’s Rep­re­sen­ta­tive or Own­er to make such qual­i­ty sur­veil­lance or to dis­cov­er defec­tive design, equip­ment, mate­ri­als or work­man­ship shall not relieve Con­trac­tor of its oblig­a­tions under this con­tract nor prej­u­dice the rights of Own­er there­after to reject or require the cor­rec­tion of defec­tive work in accor­dance with the pro­vi­sions of this contract. 

If any work is deter­mined by Owner’s Rep­re­sen­ta­tive or Own­er to be defec­tive or not in con­for­mance with this con­tract the pro­vi­sions of the Gen­er­al Con­di­tion titled War­ran­ty” shall apply. 

GC-24 Test­ing

Unless oth­er­wise pro­vid­ed in the Con­tract, test­ing of soils, equip­ment, mate­ri­als or work shall be per­formed by Con­trac­tor at its expense and in accor­dance with the Project Doc­u­ments. Should tests in addi­tion to those required by this Con­tract be desired by the Own­er or its rep­re­sen­ta­tive, Con­trac­tor will be giv­en rea­son­able notice by the Own­er or its rep­re­sen­ta­tive for such test­ing and at the Owner’s expense. 

GC-25 Expe­dit­ing

The equip­ment and mate­ri­als fur­nished and work per­formed under this con­tract shall be sub­ject to expe­dit­ing by Owner’s Rep­re­sen­ta­tive and/​or Own­er or their rep­re­sen­ta­tive who shall be afford­ed full and free access to the shops, fac­to­ries, and oth­er places of busi­ness of Con­trac­tor and its sup­pli­ers and sub­con­trac­tors of any tier for expe­dit­ing pur­pos­es. As required by Owner’s Rep­re­sen­ta­tive or Own­er, Con­trac­tor shall pro­vide detailed sched­ules and progress reports for use in expe­dit­ing and shall coop­er­ate with Owner’s Rep­re­sen­ta­tive and/​or Own­er in expe­dit­ing activities. 

GC-26 Excus­able Delays

If Contractor’s per­for­mance of this Con­tract is pre­vent­ed or delayed by any unfore­see­able cause, exist­ing or future, which is beyond the rea­son­able con­trol of the par­ties and with­out the fault or neg­li­gence of Con­trac­tor, Con­trac­tor shall, with­in twen­ty-four (24) hours of the com­mence­ment of any such delay, give the Own­er or its rep­re­sen­ta­tive writ­ten notice there­of and with­in sev­en (7) cal­en­dar days of com­mence­ment of the delay, a writ­ten descrip­tion of the antic­i­pat­ed impact of the delay on per­for­mance of the Work. Delays attrib­ut­able to with­in the con­trol of Contractor’s sup­pli­ers or sub­con­trac­tors of any tier shall be deemed delays with­in the con­trol of Con­trac­tor. Con­trac­tor express­ly acknowl­edges and agrees that it shall receive no dam­ages for delay and Contractor’s so rem­e­dy, if any, against Own­er will be the right to seek an exten­sion of time. 

GC-27 Changes

Own­er may at any time, with­out notice to the sureties if any, by writ­ten Change Order uni­lat­er­al­ly make any change in the Work with­in the gen­er­al scope of this Con­tract, includ­ing but not lim­it­ed to changes in the method, man­ner and sequence of Con­trac­tor work, in Own­er fur­nished facil­i­ties, equip­ment, mate­ri­als ser­vices or site(s) and direct­ing accel­er­a­tion or decel­er­a­tion in per­for­mance of the Work and mod­i­fy­ing the Con­tract Sched­ule or the Con­tract Milestones. 

If the Own­er and Con­trac­tor are unable to agree on a Change Order for the request­ed change, Con­trac­tor shall, nev­er­the­less, prompt­ly per­form the change as direct­ed by the Own­er in a writ­ten Con­struc­tion Change Direc­tive. In that event, the Con­tract Price and Con­tract Time shall be adjust­ed in the Con­struc­tion Change Direc­tive as deter­mined by the Own­er. If Con­trac­tor dis­agrees with the Owner’s adjust­ment deter­mi­na­tion, Con­trac­tor must make a claim strict­ly in accor­dance with the terms of this Gen­er­al Con­di­tion or else be deemed to have waived any claim it might oth­er­wise have had on that matter. 

In addi­tion, in the event of an emer­gency which Own­er deter­mines endan­gers life or prop­er­ty, Own­er may use oral orders to Con­trac­tor for any work required by rea­son of such emer­gency. Con­trac­tor shall com­mence and com­plete such emer­gency work as direc­tor by the Own­er or its rep­re­sen­ta­tive and such orders will be con­firmed by writ­ten Change Order. 

If at any time Con­trac­tor believes that acts or omis­sions of Own­er or its rep­re­sen­ta­tive con­sti­tute a change to the Work not cov­ered by a Change Order or require­ments of the Project Doc­u­ments, Con­trac­tor shall with­in sev­en (7) cal­en­dar days of dis­cov­ery of such act or omis­sion sub­mit a writ­ten Change Order Request explain­ing in detail the basis for the request. The Own­er will either issue a Change Order or deny the request in writing. 

If Con­trac­tor intends to assert a claim for an equi­table adjust­ment under this clause it must, with­in ten (10) cal­en­dar days after receipt of a Change Order or denial of same pro­vide writ­ten noti­fi­ca­tion of such intent and with­in a fur­ther twen­ty (20) cal­en­dar days, sub­mit to Own­er or its rep­re­sen­ta­tive a writ­ten pro­pos­al set­ting forth the nature, sched­ule, impact and mon­e­tary extent of such claim in suf­fi­cient detail to per­mit thor­ough analy­sis and negotiations. 

Change Order Requests from the Con­trac­tor shall be pre­sent­ed to the Own­er in suf­fi­cient detail to allow for eval­u­a­tion. Min­i­mum infor­ma­tion shall include Con­trac­tor, Sub-con­trac­tor and Sub-sub-con­trac­tor item­iza­tion of Labor, Mate­ri­als and Equip­ment costs includ­ed in the Change Order. Labor shall include labor-hours and hourly rates. Hourly rates will be the direct hourly rate of the per­son­nel per­form­ing the work plus an allow­able labor bur­den. The labor bur­den shall either be an audit­ed labor bur­den or 0.5%, if an audit­ed rate is not avail­able. Mate­r­i­al and Equip­ment shall be includ­ed at their direct costs, which shall be sup­port­ed by item­ized invoic­es for billing. If equip­ment is rent­ed thru a relat­ed com­pa­ny, the rental rate shall be no greater than the aver­age rental rate for sim­i­lar equip­ment in Bay Coun­ty. Relat­ed com­pa­ny shall mean a com­pa­ny owned or con­trolled by any own­er or offi­cer of the Con­trac­tor and Subcontractor. 

Subcontractor’s and Sub-sub-contractor’s allow­able mark-up for over­head and prof­it on Labor, Mate­r­i­al and Equip­ment in the Change Order shall be indi­vid­u­al­ly no greater than 10% and in aggre­gate no greater than 15%. 

Contractor’s allow­able mark-up for over­head and prof­it on Labor, Mate­r­i­al and Equip­ment in the Change Order shall be 10%. 

Addi­tion­al Gen­er­al Con­di­tions shall not be includ­ed in a Change Order unless the Change Order changes effects the crit­i­cal path and changes the Time of Com­ple­tion. Any change order request affect­ing the crit­i­cal path shall include a detailed sched­ule show the change effect on the crit­i­cal path. 

Any delay by Con­trac­tor in giv­ing notice or pre­sent­ing a pro­pos­al for adjust­ment under this clause shall be grounds for rejec­tion and waiv­er of the claim and in no case shall a claim by Con­trac­tor be con­sid­ered if assert­ed after final pay­ment under this Contract. 

Con­trac­tor shall pro­ceed dili­gent­ly with per­for­mance of the Work, pend­ing final res­o­lu­tion of any request for relief, dis­pute, claim, appeal, or action aris­ing under the Con­tract, and com­ply with any direc­tion from the Own­er or its representative. 

GC-28 Dis­putes

Con­trac­tor shall not be enti­tled to claim and nei­ther Own­er nor its rep­re­sen­ta­tive shall be liable to Con­trac­tor or its sup­pli­ers or sub­con­trac­tors of any tier in tort (includ­ing neg­li­gence), or con­tract except as specif­i­cal­ly pro­vid­ed in this Con­tract. Any claim aris­ing out of or attrib­ut­able to the inter­pre­ta­tion or per­for­mance of this Con­tract which can­not be resolved by nego­ti­a­tion shall be con­sid­ered a dis­pute with­in the mean­ing of this clause. If for any rea­son Own­er and Con­trac­tor are unable to resolve a claim for an adjust­ment, Con­trac­tor shall noti­fy Own­er or its rep­re­sen­ta­tive in writ­ing that a dis­pute exists and request a final deter­mi­na­tion by Own­er. Own­er shall, with­in thir­ty (30) cal­en­dar days of its receipt of any writ­ten request by Con­trac­tor, pro­vide a writ­ten final deter­mi­na­tion set­ting for the con­trac­tu­al basis for its deci­sion and defin­ing what con­tract adjust­ments it con­sid­ers equi­table. Upon Contractor’s writ­ten accep­tance of Owner’s deter­mi­na­tion, the Con­tract will be mod­i­fied and the deter­mi­na­tion imple­ment­ed accord­ing­ly or, fail­ing agree­ment, the dis­pute res­o­lu­tion pro­ce­dures as set forth in the Spe­cial Con­di­tions titled Dis­pute Res­o­lu­tion” shall be com­plied with. 

GC-29 Records and Audit

The Con­trac­tor shall main­tain an accept­able cost account­ing sys­tem. The Con­trac­tor agrees to pro­vide the Spon­sor, 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. 

Con­trac­tor shall main­tain records and accounts in con­nec­tion with the per­for­mance of this Con­tract which will accu­rate­ly doc­u­ment incurred costs, both direct and indi­rect, of what­ev­er nature for a peri­od of three (3) years from the Final Accep­tance of the Work unless a longer peri­od of time is oth­er­wise spec­i­fied by applic­a­ble law. Own­er or its rep­re­sen­ta­tive shall have the right to exam­ine and copy, at all rea­son­able times and with advance noti­fi­ca­tion, such records and accounts for the pur­pose of ver­i­fy­ing pay­ments or requests for pay­ment when costs are the basis of such pay­ment and to eval­u­ate the rea­son­able­ness of pro­posed con­tract price adjust­ments and claims. 

GC-30 War­ran­ty

Con­trac­tor war­rants to Own­er that mate­ri­als fur­nished under this con­tract shall be of clear title and of the most suit­able grade of their respec­tive kinds for their intend­ed uses, unless oth­er­wise spec­i­fied and shall also con­form to the require­ments of this Con­tract. All work­man­ship shall be first class and per­formed in accor­dance with sound con­struc­tion prac­tices accept­able to Own­er or its representative. 

If at any time pri­or to Final Accep­tance or after Final Accep­tance in cas­es of latent defects, fraud or such gross mis­takes as amount to fraud, Own­er, Owner’s Rep­re­sen­ta­tive, or Con­trac­tor dis­cov­er any defect in the equip­ment, mate­ri­als, work­man­ship, or Con­trac­tor-pro­vid­ed design, imme­di­ate writ­ten notice shall be giv­en to the oth­er par­ties. Con­trac­tor shall with­in a rea­son­able time pro­pose cor­rec­tive actions to cure such defects. 

Own­er may at its sole dis­cre­tion, or through Owner’s Rep­re­sen­ta­tive, direct Con­trac­tor in writ­ing and Con­trac­tor agrees to: 

  1. 1. Rework, repair, or remove and replace defec­tive equip­ment and mate­ri­als or re-per­form defec­tive work­man­ship to accept­able qual­i­ty at a time and in a man­ner accept­able to Owner; 
  1. 2. Coop­er­ate with oth­ers assigned by Own­er to cor­rect such defects and pay to Own­er all actu­al costs rea­son­ably incurred by Own­er in per­form­ing or in hav­ing per­formed cor­rec­tive actions; or 
  1. 3. Pro­pose and nego­ti­ate in good faith an equi­table reduc­tion in the Con­tract price in lieu of cor­rec­tive action. 

The war­ran­ty described by this Gen­er­al Con­di­tion is in addi­tion to any more spe­cif­ic war­ran­ty required by the Invi­ta­tion to Bid, the Scope of Work, the Spec­i­fi­ca­tions, or pro­vid­ed by the Con­trac­tor as part of its bid or as a sep­a­rate document. 

GC-31 Backcharges

Own­er may, in addi­tion to any oth­er amounts to be retained as defined in the Con­tract, retain from any sums oth­er­wise owing to Con­trac­tor amounts suf­fi­cient to cov­er the full costs of any Con­trac­tor fail­ure to com­ply with pro­vi­sions of this Con­tract or Con­trac­tor acts or omis­sions in the per­for­mance of any part of this Con­tract, includ­ing but not lim­it­ed to, vio­la­tion of any applic­a­ble law, order, rule, or reg­u­la­tion, includ­ing those regard­ing safe­ty, haz­ardous mate­ri­als or envi­ron­men­tal require­ments; cor­rec­tion of defec­tive or non­con­form­ing work by repair, rework, replace­ment or oth­er appro­pri­ate means when Con­trac­tor states, or by its actions indi­cates, that it is unable or unwill­ing to pro­ceed with cor­rec­tive action in a rea­son­able time; and/​or the Own­er is required to take action or per­form work for Con­trac­tor, such as cleanup, off-load­ing or com­ple­tion of incom­plete work. 

Own­er may also backcharge against Con­trac­tor for work done or cost incurred to rem­e­dy these or any oth­er Con­trac­tor defaults, errors, omis­sions or fail­ures to per­form or observe any part of this Con­tract. Own­er may, but shall not be required to, give Con­trac­tor writ­ten notice before per­form­ing such actions or work or incur­ring such cost. Cost of backcharge work shall include labor costs includ­ing pay­roll addi­tives, incurred net deliv­ered mate­r­i­al costs, incurred low­er-tier sup­pli­er and sub­con­trac­tor costs direct­ly relat­ed to per­form­ing the cor­rec­tive action, equip­ment and tool rentals are pre­vail­ing rates in the Job­site area and a fac­tor, deter­mined by the Own­er, but not greater than six­ty per­cent (60%), shall be applied to the total of these items for Owner’s over­head, super­vi­sion, admin­is­tra­tive and oth­er relat­ed costs. 

Own­er shall sep­a­rate­ly invoice or deduct and retain from pay­ments oth­er­wise due to Con­trac­tor the cost as pro­vid­ed here­in. Owner’s right to backcharge is in addi­tion to any and all oth­er rights and reme­dies pro­vid­ed in this Con­tract or by law. The per­for­mance of backcharge work by Own­er shall not relieve Con­trac­tor of any of its respon­si­bil­i­ties under this Con­tract includ­ing but not lim­it­ed to express or implied war­ranties, spec­i­fied stan­dards for qual­i­ty, con­trac­tu­al lia­bil­i­ties an indem­ni­fi­ca­tions, and meet­ing the mile­stones of the Spe­cial Con­di­tion titled Com­mence­ment, Progress and Com­ple­tion of the Work.” 

GC-32 Indem­ni­ty

To the max­i­mum extent per­mit­ted by Flori­da law, Con­trac­tor shall indem­ni­fy and hold harm­less Own­er and its offi­cers and employ­ees and its rep­re­sen­ta­tives from any and all lia­bil­i­ties, claims, dam­ages, penal­ties, demands, judg­ments, actions, pro­ceed­ings, loss­es or costs, includ­ing, but not lim­it­ed to, rea­son­able attor­neys’ fees and para­le­gals’ fees, whether result­ing from (1) any claimed breach of this Con­tract by Con­trac­tor or (2) from per­son­al injury, prop­er­ty dam­age, direct or con­se­quen­tial dam­ages, or eco­nom­ic loss, to the extent caused by the neg­li­gence, reck­less­ness, or inten­tion­al wrong­ful mis­con­duct of Con­trac­tor or any­one employed or uti­lized by the Con­trac­tor in the per­for­mance of this Contract. 

GC-33 Con­se­quen­tial Dam­ages

Except as express­ly pro­vid­ed below in the sec­ond para­graph of this Sec­tion GC-33, Con­trac­tor and Own­er shall waive all claims against each oth­er for con­se­quen­tial dam­ages aris­ing out of or relat­ing to this Con­tract. This mutu­al waiv­er includes dam­ages incurred by Own­er for rental expens­es, for loss­es of use, income, prof­it, financ­ing, busi­ness and rep­u­ta­tion, and for loss of man­age­ment or employ­ee pro­duc­tiv­i­ty or of the ser­vices of such per­sons; and dam­ages incurred by the Con­trac­tor for prin­ci­pal office expens­es includ­ing the com­pen­sa­tion of per­son­nel sta­tioned there, for loss­es of financ­ing, busi­ness and rep­u­ta­tion, and for loss of prof­it except antic­i­pat­ed prof­it aris­ing direct­ly from the Work. This mutu­al waiv­er is applic­a­ble, with­out lim­i­ta­tion, to all con­se­quen­tial dam­ages due to either party’s ter­mi­na­tion in accor­dance with the require­ments herein. 

Notwith­stand­ing any­thing in this Sec­tion GC-33 or any oth­er term of the Project Doc­u­ments to the con­trary, it is acknowl­edged and agreed by Con­trac­tor that express­ly exclud­ed from the above ref­er­enced waiv­er of con­se­quen­tial dam­ages pro­vi­sions are any con­se­quen­tial dam­ages aris­ing out of or relat­ing to this Con­tract suf­fered by Own­er for which Con­trac­tor oth­er­wise would be liable as pro­vid­ed in the fol­low­ing three (3) sen­tences. Con­se­quen­tial dam­ages are not waived by Own­er to the extent such con­se­quen­tial dam­ages would be cov­ered and paid for by any applic­a­ble insur­ance. Fur­ther, with respect to such con­se­quen­tial dam­ages incurred by Own­er that are not paid by any applic­a­ble insur­ance, Own­er does not waive and Con­trac­tor shall be liable to Own­er for such con­se­quen­tial dam­ages up to the total cumu­la­tive amount of those rea­son­able amounts expect­ed by Con­trac­tor as prof­it. Fur­ther still, with respect to any con­se­quen­tial dam­ages incurred by Own­er that are due to the gross neg­li­gence or inten­tion­al wrong­ful acts or omis­sions of Con­trac­tor or any­one for whom Con­trac­tor is respon­si­ble, Own­er does not waive and Con­trac­tor shall be liable to Own­er for all such con­se­quen­tial dam­ages. Noth­ing here­in shall be con­strued as a cap or lim­i­ta­tion on any liq­ui­dat­ed dam­ages Con­trac­tor may owe Own­er pur­suant to the terms of the Project Documents. 

GC-34 Assign­ments and Sub­con­tracts

Any assign­ment of this Con­tract or rights here­un­der, in whole or part, with­out the pri­or writ­ten con­sent of Own­er shall be void, except that upon ten (10) cal­en­dars days writ­ten notice to Own­er or its rep­re­sen­ta­tive, Con­trac­tor may assign monies due or to become due under this Con­tract, pro­vid­ed that any assign­ment of monies shall be sub­ject to prop­er set-offs in favor of Own­er and any deduc­tions pro­vid­ed for in this Con­tract. Pur­chase orders and sub­con­tracts of any tier must include pro­vi­sions to secure all rights and reme­dies of Own­er pro­vid­ed under this Con­tract and must impose upon the low­er-tier sup­pli­er and sub­con­trac­tor all of the duties and oblig­a­tions required to ful­fill this Con­tract. No assign­ment or sub­con­tract shall relieve Con­trac­tor or its sureties of the respon­si­bil­i­ties under this Contract. 

GC-35 Sus­pen­sion

Own­er or its rep­re­sen­ta­tive may by writ­ten notice to Con­trac­tor sus­pend at any time the per­for­mance of all or any por­tion of the Work to be per­formed under the Con­tract. After receipt of such notice, Con­trac­tor shall imme­di­ate­ly dis­con­tin­ue work on the date and to the extent spec­i­fied in the notice, place no fur­ther orders or sub­con­tracts for mate­r­i­al, ser­vices, or facil­i­ties with respect to the sus­pend­ed work oth­er than to the extent required in the notice, con­tin­ue to pro­tect and main­tain the Work includ­ing those por­tions on which work has been sus­pend­ed, and take any oth­er rea­son­able steps to min­i­mize cost asso­ci­at­ed with such suspension. 

Upon receipt of notice to resume sus­pend­ed work, Con­trac­tor shall imme­di­ate­ly resume per­for­mance under this Con­tract to the extent required in the notice. 

GC-36 Ter­mi­na­tion for Default

Notwith­stand­ing any oth­er pro­vi­sions of this con­tract, Con­trac­tor shall be con­sid­ered in default of its con­trac­tu­al oblig­a­tions under this Con­tract if it per­forms work which fails to con­form to the require­ments of this Con­tract; fails to make progress so as to endan­ger per­for­mance of this con­tract with­in the required time peri­ods; aban­dons or refus­es to pro­ceed with any of the Work, includ­ing mod­i­fi­ca­tions or changes direct­ed pur­suant to the Gen­er­al Con­di­tions titled Changes;” fails to ful­fill or com­ply with any of the terms of this Con­tract’ engages in behav­ior that is dis­hon­est, fraud­u­lent or con­sti­tutes a con­flict of inter­est with Contractor’s oblig­a­tions under this Con­tract; or Con­trac­tor becomes insol­vent or makes a gen­er­al assign­ment for the ben­e­fit of cred­i­tors or rea­son­able grounds for inse­cu­ri­ty arise with respect to Contractor’s performance. 

Upon the occur­rence of any of the fore­go­ing, Own­er shall noti­fy Con­trac­tor in writ­ing of the nature of the fail­ure and of Owner’s inten­tion to ter­mi­nate the Con­tract for default. If Con­trac­tor does not cure such fail­ure with­in sev­en (7) cal­en­dar days from receipt of noti­fi­ca­tion, or soon­er if safe­ty is involved, or fails to pro­vide sat­is­fac­to­ry evi­dence that such default will be cor­rect­ed with­in a rea­son­able time, Own­er may, by writ­ten notice to Con­trac­tor, and with­out notice to Contractor’s sureties, if any, ter­mi­nate in whole or in part Contractor’s right to pro­ceed with the Work and Own­er may pros­e­cute the Work to com­ple­tion by con­tract or by any oth­er method deemed expe­di­ent. Own­er may take pos­ses­sion of and uti­lize any data, designs, licens­es, equip­ment, mate­ri­als, plant, tools, and prop­er­ty to any kind fur­nished by Con­trac­tor and nec­es­sary to com­plete the Work. 

Con­trac­tor and its sureties, if any, shall be liable for all costs in excess of the Con­tract price for such ter­mi­nat­ed work incurred by Own­er in the com­ple­tion of the Work, includ­ing cost of admin­is­tra­tion of any pur­chase order or sub­con­tract award­ed to oth­ers for completion. 

Upon ter­mi­na­tion for default, Con­trac­tor shall imme­di­ate­ly dis­con­tin­ue work on the date and to the extent spec­i­fied in the notice and place no fur­ther pur­chase orders or sub­con­tracts to the extent that they relate to the per­for­mance of the ter­mi­nat­ed work; inven­to­ry, main­tain and turn over to Own­er all data, designs, licens­es, equip­ment, mate­ri­als, plant, tools, and prop­er­ty fur­nished by Con­trac­tor or pro­vid­ed by Own­er for per­for­mance of the ter­mi­nat­ed work; prompt­ly obtain can­cel­la­tion upon terms sat­is­fac­to­ry to Own­er of all pur­chase orders, sub­con­tracts, rentals, or any oth­er agree­ments exist­ing for per­for­mance of the ter­mi­nat­ed work or assign those agree­ments as direc­tor by Own­er or its rep­re­sen­ta­tive; coop­er­ate with Own­er or its rep­re­sen­ta­tive in the trans­fer of data, designs, licens­es, and infor­ma­tion and dis­po­si­tion of work in progress so as to mit­i­gate dam­ages; com­ply with oth­er rea­son­able requests from Own­er or its rep­re­sen­ta­tive regard­ing the ter­mi­nat­ed work; and con­tin­ue to per­form in accor­dance with all of the terms and con­di­tions of this Con­tract such por­tion of the Work that is not terminated. 

If, after ter­mi­na­tion pur­suant to this clause, it is deter­mined for any rea­son that Con­trac­tor was not in default, the rights and oblig­a­tions of the par­ties shall be the same as if the notice of ter­mi­na­tion had been issued pur­suant to the Gen­er­al Con­di­tion enti­tle Option­al Termination. 

GC-37 Option­al Ter­mi­na­tion

Own­er may, at its option, ter­mi­nate for con­ve­nience any of the Work under this Con­tract in whole or, from time to time, in part, at any time by writ­ten notice to Con­trac­tor. Such notice shall spec­i­fy the extent to which the per­for­mance of the Work is ter­mi­nat­ed and the effec­tive date of such termination. 

Upon receipt of such notice Con­trac­tor shall imme­di­ate­ly dis­con­tin­ue the Work on the date and to the extent spec­i­fied in the notice and place no fur­ther pur­chase orders or sub­con­tracts for mate­ri­als, ser­vices, or facil­i­ties, oth­er than as may be required for com­ple­tion of such por­tion of the Work that is not ter­mi­nat­ed; prompt­ly obtain assign­ment or can­cel­la­tion upon terms sat­is­fac­to­ry to Own­er of all pur­chase orders, sub­con­tracts, rentals, or any oth­er agree­ments exist­ing for the per­for­mance of the ter­mi­nat­ed work or assign those agree­ments as direct­ed by Own­er or its rep­re­sen­ta­tive; assist Own­er or its rep­re­sen­ta­tive in the main­te­nance, pro­tec­tion and dis­po­si­tion of work in progress, plant, tools, equip­ment, prop­er­ty and mate­ri­als acquired by Con­trac­tor or fur­nished by Own­er or its rep­re­sen­ta­tive under this Con­tract; and com­plete per­for­mance of such por­tion of the Work which is not terminated. 

Upon any such ter­mi­na­tion, Con­trac­tor shall waive any claims for dam­ages includ­ing loss of antic­i­pat­ed prof­its; on account there­of, but as the sole right and rem­e­dy of Con­trac­tor, Own­er shall pay in accor­dance with (1) the Con­tract price cor­re­spond­ing to the work per­formed in accor­dance with this Con­tract pri­or to such notice of ter­mi­na­tion; (2) all rea­son­able costs for work there­after per­formed as spec­i­fied in such notice; (3) rea­son­able admin­is­tra­tive costs of set­tling and pay­ing claims aris­ing out of the ter­mi­na­tion of work under pur­chase orders or sub­con­tracts; (4) rea­son­able increased costs incurred in demo­bi­liza­tion and the dis­po­si­tion of resid­ual mate­r­i­al, plant, and equip­ment; and (5) rea­son­able over­head and prof­it on items 2 through 4

Con­tac­tor shall sub­mit with thir­ty (30) cal­en­dar days after receipt of notice of ter­mi­na­tion, a writ­ten state­ment set­ting forth its pro­pos­al for an adjust­ment to the Con­tract price to include only the incurred costs described in this clause. Own­er and its rep­re­sen­ta­tive shall review, ana­lyze, and ver­i­fy such pro­pos­al, and nego­ti­ate an equi­table adjust­ment, and the Con­tract shall be mod­i­fied accordingly. 

GC-38 Final Inspec­tion and Accep­tance

When Con­trac­tor con­sid­ers the Work, or any Own­er iden­ti­fied inde­pen­dent por­tion of the Work under this Con­tract to be com­plete and ready for accep­tance, Con­trac­tor shall noti­fy Own­er or its rep­re­sen­ta­tive in writ­ing. Own­er and its rep­re­sen­ta­tive, with Contractor’s coop­er­a­tion, will con­duct such reviews, inspec­tions and tests as may be rea­son­ably required to sat­is­fy the Own­er and its rep­re­sen­ta­tive that the Work, or iden­ti­fied por­tion of the Work, con­forms to all require­ments of the Con­tract. If all or any part of the Work cov­ered by Contractor’s notice does not con­form to con­tract require­ments, Own­er or its rep­re­sen­ta­tive shall noti­fy Con­trac­tor of such non­con­for­mance and Con­trac­tor shall take cor­rec­tive action and then have the non­con­form­ing work re-inspect­ed until all con­tract require­ments are satisfied. 

Owner’s writ­ten Cer­ti­fi­ca­tion of Final Accep­tance of the Work under this Con­tract shall be final and con­clu­sive except with regard to latent defects, fraud or such gross mis­take as amount to fraud, or with regard to Owner’s rights under the Gen­er­al Con­di­tions titled War­ran­ty”.

GC-39 Non-Waiv­er

Fail­ure by Own­er to insist upon strict per­for­mance of any terms or con­di­tions of this con­tract, or fail­ure or delay to exer­cise any rights or reme­dies here­in or by law, or fail­ure to prop­er­ly noti­fy Con­trac­tor in the event of breach, or the accep­tance of or pay­ment for any goods or ser­vices, here­un­der, or the review or fail­ure to review designs shall not release Con­trac­tor from any of the war­ranties or oblig­a­tions of this Con­tract and shall not be deemed a waiv­er of any right of Own­er to insist upon strict per­for­mance here­of or any of its rights or reme­dies as to any pri­or or sub­se­quent default here­un­der nor shall any ter­mi­na­tion of work under this con­tract by Own­er oper­ate as a waiv­er of any of the terms hereof. 

GC-40 Gov­ern­ment Restrict­ed Par­ties and Com­modi­ties

Con­trac­tor acknowl­edges that all applic­a­ble export rules and reg­u­la­tions of the ori­gin coun­tries shall apply to the exports of com­modi­ties, soft­ware and tech­nol­o­gy (tech­ni­cal data and assis­tance) under this con­tract. Con­trac­tor also acknowl­edges that oth­er rules and reg­u­la­tions may restrict the use of cer­tain par­ties under this con­tract. Such rules and reg­u­la­tions are gen­er­al­ly described below. 

  1. Restrict­ed Par­ties Lists 

Coun­try gov­ern­ments and inter­na­tion­al orga­ni­za­tions such as the Unit­ed Nations and Euro­pean Union pub­lish Restrict­ed Par­ties List (“Lists”) that iden­ti­fy par­ties (such as known or sus­pect­ed ter­ror­ists, mon­ey laun­der­ers and drug traf­fick­ers) restrict­ed from cer­tain or all types of trans­ac­tions. Con­trac­tor shall review all applic­a­ble Lists pri­or to ini­ti­at­ing trans­ac­tions with any third par­ty for the per­for­mance of all or any por­tion of the Work to ensure such third par­ty is not iden­ti­fied on any applic­a­ble Lists. Con­trac­tor shall not enter into any trans­ac­tions with any third par­ty iden­ti­fied on any applic­a­ble Lists. 

  1. Licens­ing Requirements 
  1. Gen­er­al: Each coun­try has export reg­u­la­tions that con­trol com­modi­ties, soft­ware and tech­nol­o­gy for var­i­ous rea­sons, such as nation­al secu­ri­ty, for­eign pol­i­cy, anti-ter­ror­ism, and to avoid the pro­lif­er­a­tion of weapons and poten­tial weapons, e.g. cer­tain nuclear, chem­i­cal or bio­log­i­cal agents. Numer­ous coun­tries have export reg­u­la­tions that specif­i­cal­ly address dual-use items, mean­ing com­mer­cial items with the poten­tial to be applied to mil­i­tary and/​or weapon pro­lif­er­a­tion uses. Con­trac­tor shall ensure that all nec­es­sary export licens­es are obtained, or license excep­tions con­firmed, pri­or to the export of any com­mod­i­ty, soft­ware, or technology. 
  1. Unit­ed States of Amer­i­ca (USA) Export Licens­ing Require­ments: Con­trac­tor is sole­ly respon­si­ble for obtain­ing any required USA export licens­es for all com­modi­ties, soft­ware, and tech­nol­o­gy being sup­plied in the per­for­mance of the Work, except for any com­mod­i­ty, soft­ware or tech­nol­o­gy sup­plied by Own­er. A copy of the export license, or ratio­nale as to why a license is not required, shall be pro­vid­ed to Owner’s Rep­re­sen­ta­tive or Own­er upon request. 

Con­trac­tor shall be respon­si­ble for any delay result­ing from Contractor’s fail­ure to com­ply ful­ly and time­ly with any such rule or reg­u­la­tion described above. 

Con­trac­tor here­by agrees to indem­ni­fy, defend and hold Owner’s Rep­re­sen­ta­tive, Own­er, each of their respec­tive affil­i­ates and the respec­tive direc­tors, offi­cers, employ­ees and rep­re­sen­ta­tives of each harm­less from and against any and all claims, legal or reg­u­la­to­ry actions, final judg­ments, rea­son­able attor­neys’ fees, civ­il fines and any oth­er loss­es which any of them may incur as a result of Contractor’s fail­ure to com­ply with its oblig­a­tions under this clause. 

GC-41 Equal Employ­ment Oppor­tu­ni­ty

Con­trac­tor is aware of and is ful­ly informed of Contractor’s oblig­a­tion under Exec­u­tive Order 11246 and, where applic­a­ble, shall com­ply with the require­ments of such Order and all orders, rules, and reg­u­la­tions pro­mul­gat­ed there­un­der unless exempt­ed therefrom. 

With­out lim­i­ta­tion of the fore­go­ing, Contractor’s atten­tion is direct­ed to 41 Code of Fed­er­al Reg­u­la­tions (CFR), Sec­tion 601.4, and the clause titled Equal Oppor­tu­ni­ty Clause” which, by this ref­er­ence, is incor­po­rat­ed herein. 

Con­trac­tor is aware of and is ful­ly informed of Contractor’s respon­si­bil­i­ties under Exec­u­tive Order No. 11701 List of Job Open­ings for Vet­er­ans” and, where applic­a­ble, shall com­ply with the require­ments of such Order and all orders, rules and reg­u­la­tions pro­mul­gat­ed there­un­der unless exempt­ed therefrom. 

With­out lim­i­ta­tion of the fore­go­ing, Contractor’s atten­tion is direct­ed to 41 CFR sec­tion 60 – 250 et seq. and the clause there­in titled Affir­ma­tive Action Oblig­a­tions of Con­trac­tors and Sub­con­trac­tors for Dis­abled Vet­er­ans and Vet­er­ans of the Viet­nam Era,” which by this ref­er­ence, is incor­po­rat­ed herein. 

Con­trac­tor cer­ti­fies that seg­re­gat­ed facil­i­ties, includ­ing but not lim­it­ed to wash­rooms, work areas and lock­er rooms, are not and will not be main­tained or pro­vid­ed for Contractor’s employ­ees. Where applic­a­ble, Con­trac­tor shall obtain a sim­i­lar cer­ti­fi­ca­tion from any of its sub­con­trac­tors, ven­dors, or sup­pli­ers per­form­ing the Work under this contract. 

Con­trac­tor is aware of and is ful­ly informed of Contractor’s respon­si­bil­i­ties under the Reha­bil­i­ta­tion Act of 1973 and the Amer­i­cans with Dis­abil­i­ties Act and, where applic­a­ble, shall com­ply with the pro­vi­sions of each Act and the reg­u­la­tions pro­mul­gat­ed there­un­der unless exempt­ed therefrom. 

With­out lim­i­ta­tion of the fore­go­ing, Contractor’s atten­tion is direct­ed to 41 CFR Sec­tion 60 – 741 and the clause there­in titled Affir­ma­tive Action Oblig­a­tions of Con­trac­tors and Sub­con­trac­tors for Hand­i­capped Work­ers,” which by this ref­er­ence, is incor­po­rat­ed herein. 

GC-42 Dis­ad­van­taged Busi­ness Enter­pris­es Pro­gram

Con­trac­tor shall sup­port Owner’s pol­i­cy and com­mit­ment to max­i­miz­ing, where prac­ti­cal, busi­ness oppor­tu­ni­ties for Dis­ad­van­taged Busi­ness Enter­pris­es (as iden­ti­fied in the Spe­cial Con­di­tions) by active­ly iden­ti­fy­ing, encour­ag­ing and assist­ing in their par­tic­i­pa­tion and oth­er­wise mak­ing a good faith effort to achieve the DBE goals estab­lished for this project. 

GC-43 Author­i­ty of Owner’s Rep­re­sen­ta­tive

The Owner’s Rep­re­sen­ta­tive shall decide any and all ques­tions which may arise as to the qual­i­ty and accept­abil­i­ty of mate­ri­als fur­nished, work per­formed, and as to the man­ner of per­for­mance and rate of progress of the Work. The Owner’s Rep­re­sen­ta­tive also shall decide all ques­tions that may arise as to the inter­pre­ta­tion of the spec­i­fi­ca­tions or plans relat­ing to the Work. The Owner’s Rep­re­sen­ta­tive shall deter­mine the amount and qual­i­ty of the sev­er­al kinds of Work per­formed and mate­ri­als fur­nished which are to be paid for under the contract. 

GC-44 Con­for­mi­ty with Plans and Spec­i­fi­ca­tions

All Work and all mate­ri­als fur­nished shall be in con­for­mi­ty with the dimen­sions, qual­i­ty, quan­ti­ty, mate­r­i­al, and test­ing require­ments that are spec­i­fied (includ­ing spec­i­fied tol­er­ances) in the Con­tract Documents. 

If the Owner’s Rep­re­sen­ta­tive finds the mate­ri­als fur­nished, Work per­formed, match or the fin­ished prod­uct not with­in con­for­mi­ty with the Con­tract Doc­u­ments but that the por­tion of the Work affect­ed will, in its opin­ion, result in a fin­ished project hav­ing a lev­el of safe­ty, econ­o­my, dura­bil­i­ty, and work­man­ship accept­able to the Own­er, it will advise the Own­er of its rec­om­men­da­tion that the affect­ed Work be accept­ed and remain in place. In this event, the Owner’s Rep­re­sen­ta­tive will doc­u­ment its deter­mi­na­tion and rec­om­mend to the Own­er a basis of accep­tance that will pro­vide for an adjust­ment in the con­tract price for the affect­ed por­tion of the Work. The Owner’s Rep­re­sen­ta­tive deter­mi­na­tion and rec­om­mend­ed con­tract price adjust­ments will be based on the Owner’s Representative’s rea­son­able judg­ment and such test or retests of the affect­ed Work as are, in its opin­ion, need­ed. Own­er may accept or reject the Owner’s Representative’s rec­om­men­da­tion (includ­ing any price adjust­ment rec­om­men­da­tion) in its sole dis­cre­tion. Changes in the con­tract price shall be cov­ered by Change Order or sup­ple­men­tal agree­ment, as applicable. 

If the Owner’s Rep­re­sen­ta­tive finds the mate­ri­als fur­nished, Work per­formed, or the fin­ished prod­uct are not in con­for­mi­ty with the Con­tract Doc­u­ments and which Own­er has not decid­ed to accept with a price adjust­ment as pro­vid­ed above, the affect­ed Work or mate­ri­als shall be removed and replace or oth­er­wise cor­rect­ed by and at the expense of Con­trac­tor in accor­dance with the Owner’s Representative’s writ­ten orders. 

For the pur­pose of this sub­sec­tion, noth­ing here­in shall be con­strued as waiv­ing Contractor’s respon­si­bil­i­ty to com­plete the Work in accor­dance with the Invi­ta­tion to Bid or Bid Specifications. 

Nei­ther Owner’s Rep­re­sen­ta­tive nor Own­er will be respon­si­ble for the Contractor’s means, meth­ods, tech­niques, sequences, or pro­ce­dures of con­struc­tion or the safe­ty pre­cau­tions inci­dent thereto. 

GC-45 Author­i­ty and Duties of Inspec­tors

Inspec­tors employed by the Own­er or Owner’s Rep­re­sen­ta­tive shall be autho­rized to inspect all Work done and all mate­ri­als fur­nished. Such inspec­tion may extend to all or any part of the Work and to the prepa­ra­tion, fab­ri­ca­tion, or man­u­fac­ture of the mate­ri­als used. Inspec­tors are not autho­rized to revoke, alter, or waive any pro­vi­sion of the con­tract. Inspec­tors are not autho­rized to issue instruc­tions con­trary to the plans and spec­i­fi­ca­tions or to act as fore­man for the Contractor. 

Inspec­tors employed by the Own­er or Owner’s Rep­re­sen­ta­tive are autho­rized to noti­fy the Con­trac­tor or its 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 Owner’s Rep­re­sen­ta­tive for its ini­tial decision. 

GC-46 Source of Sup­ply and Qual­i­ty Require­ments

The mate­ri­als used in the Work shall con­form to the require­ments of the Con­tract Doc­u­ments. 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, Con­trac­tor shall fur­nish com­plete state­ments to the Owner’s Rep­re­sen­ta­tive as to the ori­gin, com­po­si­tion, and man­u­fac­ture of all mate­ri­als to be used in the Work. Such state­ments shall be fur­nished prompt­ly after exe­cu­tion of the con­tract but, in all cas­es, pri­or to deliv­ery of such materials. 

At the Owner’s Representative’s option, mate­ri­als may be approved at the source of sup­ply before deliv­ery is stat­ed. If it is found after tri­al that sources of sup­ply for pre­vi­ous­ly approved mate­ri­als do not pro­duce spec­i­fied prod­ucts, the Con­trac­tor shall fur­nish mate­ri­als from oth­er sources. 

GC-47 Sam­ples, Tests, and Cit­ed Spec­i­fi­ca­tions

Except for those tests to be per­formed by Con­trac­tor pur­suant to the Con­tract Doc­u­ments, all mate­ri­als used in the Work may be inspect­ed, test­ed, and approved or denied by the Owner’s Rep­re­sen­ta­tive at any time before incor­po­ra­tion in the Work, its deci­sion. Any Work in which untest­ed mate­ri­als are used at the Con­trac­tors risk. Any untest­ed mate­ri­als used in the Work and are found to not com­ply with require­ments of the Con­tract Doc­u­ments, such mate­ri­als shall be removed and replaced with mate­ri­als test­ed and approved by the Owner’s Rep­re­sen­ta­tive at the Contractor’s expense. Mate­ri­als found to be unac­cept­able will not be paid for. 

Unless oth­er­wise des­ig­nat­ed in the Con­tract Doc­u­ments, tests in accor­dance with the cit­ed stan­dard meth­ods of ASTM, AASH­TO, Fed­er­al Spec­i­fi­ca­tions, Com­mer­cial Item Descrip­tions, and all oth­er cit­ed meth­ods, which are cur­rent on the date of adver­tise­ment of the bids, will be made by the Owner’s Rep­re­sen­ta­tive or Own­er at the Owner’s expense. The test­ing orga­ni­za­tions per­form­ing on site field tests shall have copies of all ref­er­enced stan­dards on the con­struc­tion site for use by all tech­ni­cians and oth­er per­son­nel includ­ing the Contractor’s rep­re­sen­ta­tive at its request. Unless oth­er­wise des­ig­nat­ed, sam­ples will be tak­en by a qual­i­fied rep­re­sen­ta­tive of the Owner’s Rep­re­sen­ta­tive. All mate­ri­als being used are sub­ject to inspec­tion, test, or rejec­tion at any time pri­or to or after incor­po­ra­tion into the Work. Copies of all tests will be fur­nished to the Contractor’s rep­re­sen­ta­tive at its request. 

The Con­trac­tor shall employ a test­ing orga­ni­za­tion to per­form all Con­trac­tor required tests. The Con­trac­tor shall sub­mit to the Owner’s Rep­re­sen­ta­tive resumes on all test­ing orga­ni­za­tions and indi­vid­ual per­sons who will be per­form­ing the tests. The Owner’s Rep­re­sen­ta­tive shall have the right, fol­low­ing review of such cre­den­tials, to reject any orga­ni­za­tion or indi­vid­ual per­sons per­form­ing the tests at its deci­sion and require the Con­trac­tor to find alter­na­tive orga­ni­za­tions or indi­vid­u­als accept­able to the Owner’s Rep­re­sen­ta­tive. All the test data shall be report­ed to the Owner’s Rep­re­sen­ta­tive after the results are known. Leg­i­ble, print­ed reports of all test data shall be giv­en to the Owner’s Rep­re­sen­ta­tive with­in five (5) busi­ness days of such tests. After com­ple­tion of the Work, and pri­or to final pay­ment, Con­trac­tor shall sub­mit a final report to the Owner’s Rep­re­sen­ta­tive show­ing all test data reports, plus an analy­sis of all results show­ing ranges, aver­ages, and cor­rec­tive action tak­en on all fail­ing tests. 

GC-48 Cer­ti­fi­ca­tion of Com­pli­ance

The Owner’s Rep­re­sen­ta­tive may per­mit the use, pri­or to sam­pling and test­ing, of cer­tain mate­ri­als or assem­blies when accom­pa­nied by manufacturer’s cer­tifi­cates of com­pli­ance stat­ing that such mate­ri­als or assem­blies ful­ly com­ply with the require­ments of the con­tract. The cer­tifi­cate shall be signed by the man­u­fac­tur­er. Each lot of such mate­ri­als or assem­blies deliv­ered to the work must be accom­pa­nied by a cer­tifi­cate of com­pli­ance in which the lot is clear­ly identified. 

Mate­ri­als or assem­blies used on the basis of cer­tifi­cates of com­pli­ance may be sam­pled and test­ed at any time and if found not to be in con­for­mi­ty with con­tract require­ments will be sub­ject to rejec­tion whether in place or not. 

The form and dis­tri­b­u­tion of cer­tifi­cates of com­pli­ance shall be as approved by the Owner’s Representative. 

When a mate­r­i­al or assem­bly is spec­i­fied by brand name or equal” and the Con­trac­tor elects to fur­nish the spec­i­fied brand name,” the Con­trac­tor shall be required to fur­nish the manufacturer’s cer­tifi­cate of com­pli­ance for each lot of such mate­r­i­al or assem­bly deliv­er to the Work. Such cer­tifi­cates of com­pli­ance shall clear­ly iden­ti­fy each lot deliv­ered and shall cer­ti­fy as to: 

  1. Con­for­mance to the spec­i­fied per­for­mance, test­ing, qual­i­ty or dimen­sion­al require­ments; and 
  1. Suit­abil­i­ty of the mate­r­i­al or assem­bly for the use intend­ed in the Work. 

Should the Con­trac­tor pro­pose to fur­nish an or equal” mate­r­i­al or assem­bly, it shall fur­nish the manufacturer’s cer­tifi­cates of com­pli­ance as here­in­be­fore described for the spec­i­fied brand name mate­r­i­al or assem­bly pri­or to and be approved by the Owner’s Rep­re­sen­ta­tive pri­or to its order and deliv­ery to the Work. Any mate­r­i­al or assem­bly fur­nished or equal” not pri­or approved shall be removed from the Work at the Contractor’s cost and shall not be paid for. 

GC-49 Pay­ment for Mate­ri­als On-Hand

Par­tial pay­ments may be made to the extent of the deliv­ered cost of mate­ri­als to be incor­po­rat­ed in the Work, pro­vid­ed that such mate­ri­als meet the require­ments of the Con­tract Doc­u­ments and are deliv­ered to accept­able sites on the air­port prop­er­ty or at oth­er sites in the vicin­i­ty that are accept­able to the Own­er. Such deliv­ered costs of stored or stock­piled mate­ri­als may be includ­ed in the next par­tial pay­ment after the fol­low­ing con­di­tions are met: 

  1. The mate­r­i­al has been stored or stock­piled in a man­ner accept­able to the Owner’s Rep­re­sen­ta­tive or Own­er at or on an Own­er approved site, 
  1. The Con­trac­tor has fur­nished the Owner’s Rep­re­sen­ta­tive with accept­able evi­dence of the quan­ti­ty and qual­i­ty of such stored or stock­piled materials, 
  1. The Con­trac­tor has fur­nished the Owner’s Rep­re­sen­ta­tive with sat­is­fac­to­ry evi­dence that the mate­r­i­al and trans­porta­tion costs have been paid, 
  1. The Con­trac­tor has fur­nished the Own­er legal title (free of liens or encum­brances of any kind) to the mate­r­i­al so stored or stockpiled, 
  1. The Con­trac­tor has fur­nished the Own­er evi­dence that the mate­r­i­al so stored or stock­piled is insured against loss by dam­age to or dis­ap­pear­ance of such mate­ri­als at any time pri­or to use in the Work, 

It is under­stood and agreed that the trans­fer of title and the Owner’s pay­ment for such stored or stock­piled mate­ri­als shall in no way relieve the Con­trac­tor of its respon­si­bil­i­ty for fur­nish­ing and plac­ing such mate­ri­als in accor­dance with the require­ments of the Con­tract Documents. 

In no case will the amount of par­tial pay­ments for mate­ri­als on hand exceed the allo­cat­ed por­tion of the con­tract price for such mate­ri­als or the con­tract price for the con­tract item in which the mate­r­i­al is intend­ed to be used, less any applic­a­ble retained por­tions. The Con­trac­tor shall bear all costs asso­ci­at­ed with the par­tial pay­ment of stored or stock­piled mate­ri­als in accor­dance with the pro­vi­sions of this subsection. 

GC-50 Bid Secu­ri­ty

Guar­an­tee will be required with each bid as a cer­ti­fied check on a sol­vent bank or a bid bond in the amount of five (5) per­cent of the total amount of the bid, made payable to the Pana­ma City – Bay Coun­ty Air­port and Indus­tri­al District. 

GC-51 Bond­ing Require­ments

The suc­cess­ful bid­der will be required to fur­nish sep­a­rate per­for­mance and pay­ment bonds each in an amount equal to 100% of the con­tract price. 

GC-52 Per­for­mance and Pay­ment Secu­ri­ties

The suc­cess­ful Bid­der shall deliv­er to the Own­er or the Owner’s Autho­rized Rep­re­sen­ta­tive no lat­er than ten (10) cal­en­dar days after con­tract award and pri­or to com­menc­ing the Work or enter­ing the Project Site, a Per­for­mance and Pay­ment Bond in the form sup­plied in the bid and project doc­u­ments and exe­cut­ed, as sure­ty, by a cor­po­ra­tion accept­able to the Own­er and autho­rized to issue such bonds in the juris­dic­tion of Bay Coun­ty, Flori­da. Such Per­for­mance Bond and Pay­ment Bond shall each be for one hun­dred per­cent (100%) of the total as set forth in Bidder’s pro­pos­al. The cost of such Per­for­mance Bond and Pay­ment Bond shall be includ­ed in the Guar­an­teed Max­i­mum Price sub­mit­ted in the Bidder’s Proposal 

END OF GEN­ER­AL CON­DI­TIONS