MIAMI-DADE AVIATION

DEPARTMENT

MIAMI-DADE COUNTY

Daniella Levine Cava

Mayor

Board of County Commissioners

Anthony Rodriguez Chairman

Kionne L. McGhee Vice-Chairman

Oliver G. Gilbert, III Natalie Milian Orbis Anthony Rodriguez

DISTRICT 1 DISTRICT 6 DISTRICT 10

Marleine Bastien Raquel A. Regalado Roberto J. Gonzalez

DISTRICT 2 DISTRICT 7 DISTRICT 11

Keon Hardemon Danielle Cohen Higgins Juan Carlos Bermudez

DISTRICT 3 DISTRICT 8 DISTRICT 12

Micky Steinberg Kionne L. McGhee René Garcia

DISTRICT 4 DISTRICT 9 DISTRICT 13

Vicki L. Lopez

DISTRICT 5

Geri Bonzon-Keenan

County Attorney

Ralph Cutié Aviation Director

12/21/2018 AC 150/5370-10H

ii

BID No. BA001A Bid Title: Miami Executive Airport (TMB) New Aircraft Design Group

(ADG) III Taxilane and Access Road

CONTACT FOR THIS SOLICITATION:

Claudia Portocarrero

Aviation Senior Procurement Contracting Officer 4200 NW 36 Street, Miami, Florida 33166

E-mail: ClaudiaP@flyMIA.com

Miami-Dade County Aviation Department hereinafter called "Owner," hereby requests sealed bids for the Miami Executive Airport (TMB) New Aircraft Design Group (ADG) III Taxilane and Access Road.

iii

Table of Contents

Part 1 General Contract Provisions 1

Section 10 Section 10 Definition of Terms 1

Section 20 (Bid) Requirements and Conditions 20

Section 30 Section 30 Award and Execution of Contract 42

Section 40 Section 40 Scope of Work 48

Section 50 Section 50 Control of Work 63

Section 60 Section 60 Control of Materials 80

Section 70 Section 70 Legal Regulations and Responsibility to Public 85

Section 80 Section 80 Execution and Progress 104

Section 90 Section 90 Measurement and Payment 120

Section 10 Definition of Terms 1

Part 1 – General Contract Provisions

Section 10: Definition of Terms

When the following terms are used in these specifications, in the contract, or in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be defined as follows:

Paragraph Number

Term Definition

10-01 AASHTO The American Association of State Highway and Transportation Officials.

10-02 Access Road The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public roadway.

10-03 Addendum/Addenda A modification or clarification of the Contract Documents distributed to prospective Bidders prior to the opening of Bids.

10-04 Administrative Orders/Implementing Orders (AO/IO)

A list of Miami-Dade County Administrative Orders and Implementing Orders is available online at:

http://www.miamidade.gov/ao/home.asp?Process=completelista

10-05 Advertisement for Bids A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished.

The public notice inviting the submission of Bids for the Work.

10-06 Airport Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft; an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; airport buildings and facilities located in any of these areas, and a heliport.

10-07 Airport Improvement Program (AIP)

A grant-in-aid program, administered by the Federal Aviation Administration (FAA).

10-08 Air Operations Area

(AOA)

The term air operations area (AOA) shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron.

10-09 Allowance Account (Contingency Account)

Account in which a stated maximum dollar amount is included in the Contract for the purpose of funding, at the sole discretion of the Owner, unforeseen and/or changed conditions or extra work

Section 10 Definition of Terms 2

Paragraph Number

Term Definition arising during the prosecution of the Work or any other changes issued by the Owner. The scope and limitations regarding use of the Allowance Account are contained in the Contract Documents. The performance of any work under this Allowance Account, shall be authorized by a written Work Order issued by the Owner.

10-10 Allowance Account(s) (Dedicated)

Account(s) in which stated maximum dollar amount(s) are included in the Contract for the purpose of funding specific pre-identified items of work at the sole discretion of the Owner. The scope and limitations regarding use of the Dedicated Allowance Account(s) are contained in the Contract Documents.

10-11 Apron Area where aircraft are parked, unloaded or loaded, fueled and/or serviced.

10-12 Architect/Engineer Owner or its authorized representatives identified in the Notice-to-Proceed letter, which may include but is not limited to the Owner’s Resident Architect/Engineer, the Construction Manager, the Owner’s representatives, and the Architect/Engineer of Record. In the event an Architect/Engineer is not employed on the project, or an Architect/Engineer is not otherwise specified in the Notice-to- Proceed, the term shall be read as coterminous with the term “Owner.”

10-13 Art in Public Places Miami-Dade County program established in Miami-Dade County Code Section 2-11.15 providing a one and a half percent (1.5%) of each County project’s construction and engineering design cost to fund a public art component within the Project.

Coordination and installation of the Artist’s work is included as part of the scope of the Contractor’s services to the extent that it is defined in the Bid Documents. The cost of this program is budgetary, funded by the Department, and shall not be included in the Contractor’s bid.

10-14 Artist Person(s) chosen through the Art in Public Places program to design and fabricate or specify an integrated work of art for the Project. The term Artist as may be referred to in the Contract Documents means the Artist and/or their authorized representative.

10-15 As-Built Documents Documents signed and sealed by an appropriately licensed professional and submitted by the Contractor during and/or upon completion of the Contract reflecting actual installed/built conditions and all changes made in the Contract Documents during the construction process and showing the exact dimensions, geometry, location, identification and such other

Section 10 Definition of Terms 3

Paragraph Number

Term Definition information as required by the Contract Documents and/or Architect/Engineer for all elements of the work completed under the contract (also referred to as “As-Built Drawings” or “As- Builts”). Final payment is conditional upon the receipt of As- Built Documents.

10-16 ASTM International

(ASTM)

Formerly known as the American Society for Testing and Materials (ASTM).

10-17 Award The Owner’s notice to the successful bidder of the acceptance of the submitted bid.

Action taken by the Owner to accept the Bid submitted by the Contractor to perform the Work described in the Contract Documents.

10-18 Baseline Construction

A schedule submitted by the Contractor in accordance with the Contract Documents, reviewed and approved by the Owner that is used by the Contractor to plan the performance of the Work.

The Contract Documents may require interim Baseline Construction Schedules be submitted for only a portion of the initial Work to be followed by a Baseline Construction Schedule covering all the Work. The Baseline Construction Schedule shall also be used to quantify delays in accordance with the Contract Documents. While the Baseline Construction Schedule remains unchanged, updates to the Baseline Construction Schedule are prepared and submitted by the Contractor per the Contract Documents. The Baseline Construction Schedule shall only be revised and submitted again for review and approval by the Owner as required by the Contract Documents.

10-19 Baseline Schedule – Final

A schedule submitted by the Contractor in Critical Path Method (CPM) format in accordance with the Contract Documents submitted 90 days after NTP covering the entire Project in great detail, reviewed and approved by the Owner that is used by the Contractor to plan the performance of the Work. The Baseline Schedule – Final (and any other interim schedule submittal approved by the Owner) shall also be used to quantify delays in accordance with the Contract Documents. While the Baseline Schedule – Final remains unchanged, updates to the Baseline Schedule – Final are prepared and submitted by the Contractor per the Contract Documents for the Owner’s approval. The Owner’s approval of each monthly schedule update shall be a pre-condition to the Owner approving the monthly payment requisition from the Builder. The Baseline Schedule - Final shall only be revised and submitted again for review and approval by the Owner as required by the Contract Documents.

Section 10 Definition of Terms 4

Paragraph Number

Term Definition

10-20 BCC Board of County Commissioners, the governing board of Miami Dade County.

10-21 Beneficial Occupancy The point at which the Owner or Architect/Engineer determines that the Work or any portion thereof can be occupied from a regulatory and work function standpoint prior to Substantial Completion of the Work. Beneficial Occupancy will not relieve the Contractor of any of its obligations relative to Substantial Completion, or of its responsibility to fully complete the Work in accordance with the Contract Documents.

10-22 Bid or (bid) The written offer of a Bidder to perform the Work when submitted on the approved (bid) form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications.

10-23 Bid Documents The Advertisement for Bids, Instructions to Bidders, Bid Form, Bid Security, Construction Contract, all contractual forms, General Conditions, Special Provisions, Technical Specifications and Contract Drawings, together with all Addenda and any other applicable standards, regulations, laws and permits as described within these other documents which may be incorporated by reference.

10-24 Bid Form The form on which Bids are submitted.

10-25 (bid) guaranty The security furnished with a (bid) to guarantee that the bidder will enter into a contract if their own (bid) is accepted by the Owner.

10-26 Bid Schedule A schedule submitted by the Contractor with the Bid covering the entire Project in barchart format. This schedule shall be in sufficient detail to allow the Owner to determine the Contractor’s overall approach to the Project, including but not limited to: design, design reviews, permitting, early construction packages, e.g., fast-track, long lead procurement items and major construction activities. The Owner shall have the right to require additional details in this schedule prior to starting contract negotiations.

10-27 Bid Security (Also known as Bid Bond) The cashier's check, certified check or bid bond, accompanying the Bid and submitted by the prospective bidder, as a guarantee that the prospective bidder will enter into a contract with the Owner for the performance of the Work and furnish acceptable bonds and insurance if the Contract is awarded to him.

10-28 Bidder Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a (bid) for the work contemplated.

Section 10 Definition of Terms 5

Paragraph Number

Term Definition

An individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work.

10-29 BIM (Building Information Modeling)

Not Used

10-30 BIM Execution Plan Not Used

10-31 BIM Manual Not Used

10-32 Building Area An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights-of-way together with all airport buildings and facilities located thereon.

10-33 Calendar Day Every day shown on the calendar.

10-34 Certificate of Analysis

(COA)

The COA is the manufacturer’s Certificate of Compliance (COC) including all applicable test results required by the specifications.

10-35 Certificate of Compliance (COC)

The manufacturer’s certification stating that materials or assemblies furnished fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer’s authorized representative.

10-36 Certificate of Completion Certificate issued by the local building official providing proof that a structure or system is complete and, for certain types of permits, is released for use and may be connected to a utility system. This certificate does not grant authority to occupy a building, such as a shell building, prior to the issuance of a Certificate of Occupancy by the local building official.

10-37 Certificate of Final Acceptance

Certificate issued to the Contractor by the Owner certifying that Final Acceptance has been achieved in accordance with the definition reflected herein (see Final Acceptance definition).

10-38 Certificate Occupancy Certificate issued by the local building official after the building official inspects the building or structure and finds no violations of the provisions of applicable codes or other laws that are enforced by the local building department.

Section 10 Definition of Terms 6

Paragraph Number

Term Definition

10-39 Certification of Substantial Completion

Certificate issued to the Contractor by the Owner certifying that Substantial Completion has been achieved.

10-40 Change Notice A document issued by the Architect/Engineer or Owner to the Contractor specifying a proposed change to the Contract Documents and requesting a price proposal from the Contractor, if applicable, within a specified time period.

10-41 Change Order A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for work within the scope of the contract and necessary to complete the project.

A written agreement executed by the Owner, the Contractor and the Contractor's Surety, covering modifications to the Contract

10-42 Claim A Claim should include any request for additional compensation, time, or other relief arising out of or relating to the Contract Documents, including without limitation, requests for equitable adjustments and breach of contract.

10-43 Commissioning A quality-focused process for enhancing the delivery of a project. The process focuses upon verifying and documenting that all of the commissioned systems and assemblies are planned, designed, installed, tested, operated, and maintained to meet the Owner's Project Requirements.

10-44 Construction Contract The agreement executed by the Contractor and the Owner covering the performance of the Work including the furnishing of labor, superintendence, materials, tools, and equipment as indicated in the Contract Documents. The term “Contract” shall have the same meaning.

10-45 Construction Inspection Services

Services performed by the Owner or a consultant to the Owner to verify that the Work is being performed in accordance with the Contract Documents. The use of these services shall not relieve the Design/Builder of their responsibilities under the Contract Documents.

10-46 Construction Safety and Phasing Plan (CSPP)

The overall plan for safety and phasing of a construction project developed by the airport operator, or developed by the airport operator’s consultant and approved by the airport operator. It is included in the invitation for bids and becomes part of the project specifications.

Section 10 Definition of Terms 7

Paragraph Number

Term Definition

10-47 Construction Staging Area

Property which may be available for use by the Contractor during the construction period for the purpose of storing products and construction equipment and for the purpose of staging the Work. The construction staging area(s), if applicable, are defined in the Contract Documents.

10-48 Consultant See Architect/Engineer.

10-49 Contract A written agreement between the Owner and the Contractor that establishes the obligations of the parties including but not limited to performance of work, furnishing of labor, equipment and materials and the basis of payment.

The awarded contract includes but may not be limited to:

Advertisement, Contract form, (Bid), Performance bond, payment bond, General provisions, certifications and representations, Technical Specifications, Plans, Supplemental Provisions, standards incorporated by reference and issued addenda.

10-50 Contract Documents Bid Documents, the Contractor’s Bid, Condition of Award Requirements, Contract Summary, Performance Bond, Payment Bond, Standard General Contract Conditions, and Special Provisions, Supplementary Provisions, Supplemental Project Definition Document, Technical Specifications, Division I General Requirements, Contract Drawings, MDAD BIM Manual, MDAD Quality Assurance Manual, MDAD FF&E Package, MDAD Design Guidelines Manual, MDAD Standard Technical Specifications, MDAD Commissioning Standard Technical Specifications, OERR/SLR/LEED Scorecard, together with all Addenda, Change Orders, Work Orders, Schedules, approved permits, approved Construction Documents, shop drawings, and applicable legislation.

10-51 Contract Drawings The plans, profiles, cross-sections, elevations, schedules, and details which show locations, character, dimensions, and details of the Work. Contract Drawings are confidential under the Florida Public Records Act, and the Contractor is responsible for maintaining confidentiality during and after the progress of the Work.

10-52 Contract Item (Pay Item) A specific unit of work for which a price is provided in the contract.

10-53 Contract Summary The written agreement between the County and the Contractor for performance of the Work in accordance with the requirements of the Contract Documents and for the payment of the agreed consideration.

Section 10 Definition of Terms 8

Paragraph

Term Definition

10-54 Contract Time The number of calendar days or working days, stated in the (bid), allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the (bid), in lieu of a number of calendar or working days, the contract shall be completed by that date.

The number of days allowed for completion of the Work commencing with the effective date of Notice to Proceed and ending with the date of Substantial Completion or Final Completion, including completion of punch list items, as determined by the Owner or the Owner’s designee. The Contract Time will be stipulated in the Contract Documents unless extended by a Change Order or by a Work Order.

10-55 Contractor The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work.

The individual, firm, partnership, or corporation, or combination thereof, private, municipal, or public, including joint ventures, duly licensed under Florida Statutes, which, as an independent Contractor, has entered a Contract with Miami- Dade County, who is referred to throughout the Contract Documents by singular in number and masculine in gender.

10-56 Contractor Quality Control Program

(CQCP)

Details the methods and procedures that will be taken to assure that all materials and completed construction required by the contract conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors.

10-57 Contractors Quality Control (QC) Facilities

The Contractor’s QC facilities in accordance with the Contractor Quality Control Program (CQCP).

10-58 Control Strip A demonstration by the Contractor that the materials, equipment, and construction processes results in a product meeting the requirements of the specification.

10-59 County See Owner.

Section 10 Definition of Terms 9

Paragraph Number

Term Definition

10-60 County Mayor The Mayor of Miami-Dade County, Florida, or the County Mayor’s designee.

10-61 Critical Path Longest sequence of activities in a project’s schedule which defines the project completion date and which must be completed on time in order for the project to be completed on schedule.

10-62 Days Unless otherwise designated, days mean calendar days.

10-63 Delays May be Excusable or Non-Excusable. Excusable Delays may be Compensable or Non-Compensable, as further defined within the text of these General Conditions.

10-64 Department Director The Director of the Miami-Dade County Department implementing the Work or the Director’s designee.

10-65 Department Director’s Representative

The person or persons designated by the Department Director to act on his behalf in the administration of the contract within the limits of their respective authorization.

10-66 Direct Costs Direct Costs recoverable by the Contractor as a result of changes in the Work shall be limited to the actual additional costs of labor and materials installed as part of the Work and for the reasonable additional cost of rental of any Special Equipment or Machinery. Labor shall be limited to site labor costs, including Employer’s Payroll Burden. Specifically excluded from labor are the costs of general foremen and site office personnel. Materials are limited to permanent materials required by the Contract Documents and materials approved by the Architect/Engineer as necessary to install the permanent materials in an efficient and workmanlike manner. For special equipment or machinery not listed in said document, the Contractor shall be paid a rental rate corresponding to the average prevailing rental rate for such equipment or machinery in Miami-Dade County, Florida, subject to approval by the Architect/Engineer. No additional payment shall be made to the Contractor for fuel, lubricants, for wear and tear, transportation, insurance, or depreciation. Any equipment or machinery not designated by the Architect/Engineer as special equipment and machinery shall be considered Overhead.

10-67 Drainage System The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area.

10-68 Engineer The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for engineering, inspection, and/or observation of the contract work and acting directly or through an authorized representative.

Section 10 Definition of Terms 10

Paragraph Number

Term Definition

10-69 Equipment All machinery, together with the necessary supplies for upkeep and maintenance; and all tools and apparatus necessary for the proper construction and acceptable completion of the work.

10-70 Extra Work An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Owner’s Architect/Engineer to be necessary to complete the work within the intended scope of the contract as previously modified.

Work not provided for in the Contract Documents as awarded or as previously modified by Change Order or Work Order but found to be essential to the satisfactory completion of the Contract within its intended scope.

10-71 FAA The Federal Aviation Administration. When used to designate a person, FAA shall mean the Administrator or their duly authorized representative.

10-72 Facility The structure or items being constructed under the Contract, inclusive of all subsurface work, landscaping work, and other ancillary work.

10-73 Fast Track A design/build method where separate and often, intermediate phases of the Project are designed, permitted and constructed earlier in the schedule while the remainder and often, more complex portions of the Project are designed, permitted and constructed later in the schedule. For example, foundation design, permitting and construction earlier while the remainder of the structure takes longer to design, permit and construct.

Fast-track construction is subject to the approval of the Owner and the permitting agencies.

10-74 Federal Specifications The federal specifications and standards, commercial item descriptions, and supplements, amendments, and indices prepared and issued by the General Services Administration.

10-75 Field Representative/ Construction Manager

An authorized representative of the Owner that may provide administrative and Construction Inspection Services during the pre-construction, construction, and closeout phases of the Contract and through which the orders of the Owner shall be given. The Field Representative has no authority to modify or waive any provision of the Contract Documents. In the event that a Field Representative is not used by the Owner, the Owner or the Architect of Record (AOR) Professional may perform the functions of the Field Representative.

Section 10 Definition of Terms 11

Paragraph Number

Term Definition

10-76 Final Acceptance The formal written acceptance by the Owner of the completed work.

10-77 Final Completion Point in time when the Owner determines that all physical Work has been completed in accordance with the Contract Documents and all deficiencies listed within the Certificate of Substantial Completion and/or Punch List elements have been corrected to the satisfaction of the Owner and Architect/Engineer. Where the contract requires that Contractor provide the Owner with spares or surplus material, provision of same in accordance with the Contract Documents shall be an additional requirement for Final Completion (See Article 8 Contract Time Paragraph D.

Substantial Completion, Final Completion and Final Acceptance).

10-78 Force Account Contract Force Account - A method of payment that addresses extra work performed by the Contractor on a time and material basis.

Owner Force Account - Work performed for the project by the Owner's employees.

A method of payment measured by actual cost of the labor, materials, and equipment plus the contractual approved mark-up for Indirect Costs, as distinct from other payment methods such as lump sum or unit price, for Extra Work ordered by Change Order and/or Work Order (See Article 10 Changes Paragraph G. Force Account).

10-79 Force Majeure Force Majeure as used herein shall mean Acts of God, strikes, lockouts, any late delivery of the Owner's supplied material and equipment due to transportation delays beyond Department's control, or other industrial disturbances; acts of public enemy, blockades, wars, insurrections, or riots; epidemics, landslides, earthquakes, fire, storms, floods, or washouts; arrests, title disputes, or other litigation; governmental restraints, either Federal or County, civil or military; civil disturbances;

explosions; nationwide inability to obtain necessary materials or equipment, supplies, labor, or permits whether due to existing or future rules, regulations, orders, laws, or proclamations, either Federal, State or County, civil or military, or otherwise; and other causes beyond the control of the Department or County, whether or not specifically enumerated herein. Changes in the market price of goods, materials, equipment, labor, or supplies shall not be considered an instance of Force Majeure, and Contractor’s bid shall include all risks of market changes the price of such things. COVID-19 or any other catastrophic event shall not be considered a Force Majeure event.

Section 10 Definition of Terms 12

Paragraph

Term Definition

10-80 Fragnet (fragmentary work)

A portion of an approved schedule network diagram that breaks down activities into shorter duration for greater detail used to show the potential effect of a delaying event submitted by the CONTRACTOR and approved by the Owner/AOR.

10-81 Full-sized Drawings Minimum size drawings 42”x30”.

10-82 Furnishing Manufacturing, fabricating, or purchasing and delivering to the site of the Work materials, plant, power, tools, patterns, supplies, appliances, vehicles, and conveyances necessary or required for the completion of Work.

10-83 Green Building Practices Not Used

10-84 Green Business Certification, Inc.

(GBCI)

Not Used

10-85 Implementing Orders

(IO)

Establishes specific Board of County Commissioner legislation or policies that fall under their authority, including fees departments charged to the public. Implementing Orders are submitted to the Board of County Commissioners for their action to accept, amend, or reject. Implementing Orders may be viewed at the following hyperlink:

https://www.miamidade.gov/global/policies/orders-search.page

10-86 Indirect Costs Overhead.

10-87 Installation, Install or Installing

Completely assembling, erecting, and connecting material, parts, components, supplies and related equipment specified or required for the completion of the Work including the successful passing of all tests so that they are fully functional.

Section 10 Definition of Terms 13

Paragraph Number

Term Definition

10-88 Intention of Terms Whenever, in these specifications or on the plans, the words “directed,” “required,” “permitted,” “ordered,” “designated,” “prescribed,” or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Owner Architect/Engineer is intended; and similarly, the words “approved,” “acceptable,” “satisfactory,” or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer and/or RPR, subject in each case to the final determination of the Owner.

Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference.

10-89 LEED (Leadership in Energy and Environmental Design

10-90 LEED AP Not Used

10-91 LEED Certification Documents

10-92 LEED Certification Plan Not Used

10-93 LEED Status Report Not Used

10-94 Lessee Any individual, partnership or corporation having a tenant relationship with the County.

Section 10 Definition of Terms 14

Paragraph Number

Term Definition

10-95 Lighting A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface.

10-96 Limit of Work Boundary within which the Work is to be performed.

10-97 Liquidated Damages The amount that the Contractor accepts, as stipulated in the Contract Documents, which will be deducted from the Contract Sum for each calendar day of delay due to a Non-Excusable Delay. The Liquidated Damages set forth herein are compensation for the County’s inability to timely put the project into service, the continued disruption of County functions, for impacts to the County’s reputation, and other indirect damages which the parties agree are difficult to measure. (See Article 8 Contract Time Paragraph F. Liquidated Damages and Liquidated Indirect Costs).

10-98 Liquidated Indirect Costs Rate

The amount, stipulated in the Contract Documents, which will be added to the Contract Sum for each calendar day of delay due to a Compensable Delay. The Contractor accepts this sum as full compensation for the Contractor's and all its subcontractors', of any tier, for indirect costs, for each calendar day of Compensable Delays. This amount is agreed to include any costs other than Direct Costs incurred by the Contractor and all its subcontractors of any tier in the performance of this Contract.

(See Article 8 Contract Time, Paragraph F. Liquidated Damages and Liquidated Indirect Costs).

10-99 Lump Sum Bid Item A bid item in which quantity is not separately measured for payment in units but rather is based on the amount bid by the Contractor as indicated in the Bid Form and made a part of the Contract. Partial payments of Lump Sum Bid Items will be conditionally made, based upon an approved schedule of values, and will be subject to reconciliation in the event that the work of a Lump Sum Bid Item is not fully completed in accordance with the requirements of the Contract Documents.

10-100 Major and Minor Contract Items

A major contract item shall be any item that is listed in the (bid), the total cost of which is equal to or greater than 20% of the total amount of the award contract. All other items shall be considered minor contract items.

Section 10 Definition of Terms 15

Paragraph Number

Term Definition

10-101 Materials Any substance specified for use in the construction of the contract work.

10-102 Miami-Dade County

(MDC)

A political subdivision of the State of Florida, the Owner.

10-103 Miami-Dade County Code of Ordinances

Central repository for Governing Legislation where Ordinances are codified and kept current with subsequent amendments. The Miami-Dade County Code of Ordinances can be viewed at the following hyperlink:

https://library.municode.com/fl/miami_- _dade_county/codes/code_of_ordinances

10-104 Milestone A completion date as defined in the Contract Documents.

10-105 Mobilization and Engineering Schedule

A schedule prepared by the Contractor in Critical Path Method (CPM) format provided to the County to indicate the specific Contractor activities for the main mobilization and engineering period immediately after NTP, including Contractor submittals to the County for compliance review with the Contract Documents. This Schedule shall have considerable detail for the first 120 days after Notice-to-Proceed with less detail in the activities beyond the first 120 days. This schedule is to be submitted by the Contractor at Notice-to-Proceed for the Owner’s review and approval. Approval of this schedule by the Owner shall be a pre-condition for the Owner’s approval and payment of any Contractor payment requisition covering expenses incurred beyond the first 30 days after Notice-to- Proceed. Its purpose is to achieve an early common schedule basis for working coordination while the architecture, engineering, design and permitting, and mobilization activities are progressing to enable development of the Baseline Schedule

- Final for the entire Project. This Mobilization and Engineering Schedule shall be the basis for development of the Baseline Schedule - Final.

10-106 Modification of Standards (MOS)

Any deviation from standard specifications applicable to material and construction methods in accordance with FAA Order 5300.1.

Section 10 Definition of Terms 16

Paragraph Number

Term Definition

10-107 Modified Total Cost Claim

The variant of the total cost approach that allows for an adjustment of the damage amount to compensate for Bid errors, costs resulting from the Contractor’s own actions, and costs resulting from the actions of third parties. Contractor agrees, as a condition of entering this Contract, that it has waived the right to bring any Modified Total Cost Claim against the County in the event Contractor asserts any claim for additional monies or additional contract time pursuant to this contract, without limitation.

10-108 Notice of Termination Written notice from the Architect/Engineer or the Owner to the Contractor to permanently stop work under the Contract on the date and to the extent specified in the notice. The Notice of Termination includes Notices of Termination for Convenience, Default and National Emergencies as set forth in the Contract Documents. Upon receipt of such notice, the Contractor shall comply with the termination provisions of this Contract.

10-109 Notice to Proceed (NTP) A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins.

Written notice from the Owner to the Contractor specifying the date on which the Contractor is to proceed with the Work and on which the Contract Time commences to run.

10-110 Aviation Energy and Resilience Office

(AERO)

The Aviation Energy and Resilience Office (AERO) coordinates, on behalf of the Miami-Dade Aviation Department, compliance with applicable sustainability and resilience policies, including but not limited to the County’s Sustainable Buildings Program and Sea Level Rise policies. The contractor is required to coordinate the implementation of sustainability and resilience goals for the project with AERO, including but not limited to LEED certification, ENVISION verification, and similar initiatives.

10-111 OOM Office of the Mayor.

Section 10 Definition of Terms 17

Paragraph Number

Term Definition

10-112 Overhead (Indirect Costs)

Overhead, also defined as “Indirect Costs,” includes any and all costs other than Direct Costs. The term “Overhead” as indicated in this definition shall apply to both Contractors and subcontractors of any tier. Overhead includes, but is not limited to, all profit and costs associated with: project bond premiums, project insurance premiums, costs of supervision, coordination, superintendents, general foremen, consultants, schedulers, cost controllers, accountants, office administrative personnel, time keepers, clerks, secretaries, watch persons, small tools, equipment or machinery, utilities, rent, telephones, facsimile machines, computers, word processors, printers, plotters, computer software, all expendable items, job site and general office expenses, extended jobsite general conditions, interest on monies retained by the Owner, escalated costs of materials and labor, impact cost on unchanged work, inefficiency, decreased productivity, home office expenses or any cost incurred that may be allocated from the headquarters of the Contractor or any of its subcontractors, loss of any anticipated profits, loss of bonding capacity or capability losses, loss of business opportunities, loss of productivity on this or any other Project, loss of interest income on funds not paid, costs to prepare a bid, cost to prepare a quote for a Change in the Work, costs to prepare, negotiate or prosecute claims, costs of legal and accounting work, costs spent to achieve compliance with applicable laws and ordinances, loss of Projects not bid upon, loss of productivity or inefficiencies in the Work from any cause.

10-113 Owner The term “Owner” shall mean the party of the first part or the contracting agency signatory to the contract. Where the term “Owner” is capitalized in this document, it shall mean airport Sponsor only. The Owner for this project is [Miami-Dade County, whose governing body is the BCC acting in its proprietary capacity through its duly authorized agents.

When these Contract Documents require the action of individual persons, the documents contain specific references to these persons. In particular, the documents shall refer to the BCC when approval of the BCC is specifically required and to the Architect/Engineer when the Architect/Engineer’s approval is specifically required.]

10-114 Passenger Facility Charge (PFC)

Per 14 Code of Federal Regulations (CFR) Part 158 and 49 United States Code (USC) § 40117, a PFC is a charge imposed by a public agency on passengers enplaned at a commercial service airport it controls.

10-115 Pavement Structure The combined surface course, base course(s), and subbase course(s), if any, considered as a single unit.

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Term Definition

10-116 Payment and Performance Bond

Bond executed by the Contractor and its Surety assuring that the Contractor will, in good faith, perform and guarantee the work in full conformity with the terms of the Contract Documents and will promptly pay all persons supplying the Contractor with labor, materials, or supplies, used directly or indirectly by the Contractor in the prosecution of the Work. This bond shall be a single instrument bond for twice the penal sum (to cover 100 percent of the total maximum contract amount for payment-related issues and 100 percent of the total maximum contract amount for performance-related issues).

10-117 Plans The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the contract, supplementary to the specifications. Plans may also be referred to as 'contract drawings.’

10-118 Project The agreed scope of work for accomplishing specific airport development with respect to a particular airport.

See definition for Work.

10-119 Project Management Software

Commercially available software commonly used in the construction industry to facilitate the storing and sharing of information related to the Project such as, but not limited to, schedules, RFIs, progress photos, correspondence, minutes of meetings, change orders, Construction Document submittals, permits, submittal logs and other information that the Owner may require. The Builder shall keep all this information current and make it freely available with real-time access to the Owner and the Owner’s representatives by providing free licenses for the duration of the Project. Common examples of this software include Procore and E-Builder.

10-120 Project Record Documents

Documents submitted by the CONTRACTOR during and/or upon completion of the Contract reflecting actual installed/built conditions and all changes made in the Contract Documents during the construction process and showing the exact dimensions, geometry, location, identification, including As-Built Drawings prepared by a Engineer or Architect licensed in the State of Florida who is not the AOR/EOR, and such other information as required by the Contract Documents and/or Architect/Engineer of Record (AOR/EOR) for all elements of the Work completed under the contract, including BIM deliverables under the approved BIM Execution Plan and the MDAD BIM Manual/Commissioning Plan. Final payment is conditional upon receipt and approval of the Project Record Drawings

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Term Definition

10-121 Project Testing Laboratory

The laboratory(ies) employed by the CONTRACTOR to perform under the direction of the CONTRACTOR all quality control testing. The Owner shall have the option but not the obligation to hire an independent testing lab(s). The CONTRACTOR lab(s) shall coordinate their work with testing lab(s) that may be hired by the Owner.

10-122 Proper Invoice An invoice which conforms with the present requirements of the County Department, the Contract Documents and Florida law.

10-123 Proposal Schedule A schedule submitted by the Contractor with the Bid covering the entire Project in barchart format. This schedule shall be in sufficient detail to allow the Owner to determine the Builder’s overall approach to the Project, including but not limited to:

permitting, early construction packages, e.g., fast-track, long lead procurement items and major construction activities. The Owner shall have the right to require additional details in this schedule prior to starting contract negotiations.

10-124 Punch List A list issued by the Owner to the Contractor of work elements requiring remedial action or completion by the Contractor before Final Completion is issued to the Contractor.

10-125 Quality Assurance (QA) Owner’s responsibility to assure that construction work completed complies with specifications for payment.

10-126 Quality Assurance (QA) Inspector

An authorized representative of the Owner’s Architect/Engineer assigned to make all necessary inspections, observations, tests, and/or observation of tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor.

10-127 Quality Assurance (QA) Laboratory

The official quality assurance testing laboratories of the Owner or such other laboratories as may be designated by the Engineer or RPR. May also be referred to as Engineer’s, Owner’s, or QA Laboratory.

10-128 Quality Control (QC) Contractor’s responsibility to control material(s) and construction processes to complete construction in accordance with project specifications.

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10-129 Resolution An action taken by a vote of the Miami Dade County Board of County Commissioners setting policy and providing guidance to County Departments. Resolutions issued after 1995 can be viewed at the following hyperlink:

http://www.miamidade.gov/govaction/searchleg.asp. Earlier Resolution can be obtained through request to the Clerk of the Board Division, Stephen P. Clark Center, 111 NW 1st Street, Suite 17-202 Miami, Florida 33128.

10-130 Right-of-Way A term denoting land and property, and interests therein, owned or acquired by the Owner.

10-131 Runway The area on the airport prepared for the landing and takeoff of aircraft.

10-132 Runway Safety Area

(RSA)

A defined surface surrounding the runway prepared or suitable for reducing the risk of damage to aircraft. See the construction safety and phasing plan (CSPP) for limits of the RSA.

10-133 Safety Plan Compliance Document (SPCD)

Details how the Contractor will comply with the CSPP.

10-134 Schedule of Values A detailed cost breakdown of each lump sum bid item in the bid form, submitted by the Contractor at the beginning of the Work and to be used as a basis to determine monthly progress payments and quantity adjustments within the constraints specified in the Contract Documents.

10-135 Schedules All schedules delivered under the Contract including time schedules and schedule of values.

10-136 Shop Drawings Documents furnished by the Contractor for approval by the Architect/Engineer to illustrate specific portions of the Work.

Shop Drawings include drawings, diagrams, illustrations, calculations, schedules, tables, charts, brochures and other data describing design, fabrication and installation of specific portions of the Work Shop Drawings are understood to be submitted for information purposes only, and the County’s receipt of or acceptance of shop drawings shall not be deemed as the County agreeing that the selected materials will meet contract requirements or that the selected means and methods are appropriate; the Contractor shall at all times remain responsible for completion of the work in accordance with the contract documents, notwithstanding any approved shop drawings.

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Term Definition

10-137 Site, Project Site, Work Site, Construction Site, Job Site

The location(s) at which the work under this Contract is to be accomplished, as shown in the Contract Documents.

10-138 Special Equipment or Machinery

Equipment or machinery such as power-driven rollers, tractors, backhoes, bulldozers, excavators, trucks (excluding “pickup” trucks), cranes, industrial railroad equipment, or any other such equipment approved by the Architect/Engineer of Record as necessary to complete the Project in an efficient and workmanlike manner. This equipment or machinery must be a requirement for the economic performance of the work to be accomplished by the CONTRACTOR or by a subcontractor (of any tier). Special Equipment or Machinery shall not include small tools or pieces of equipment considered to be standard equipment included in the basic inventory of a General CONTRACTOR or a subcontractor (of any tier).

10-139 Special Provisions Section of the Contract which includes specific contractual requirements not covered in the General Conditions that are specific to the Project.

10-140 Specifications A part of the contract containing the written directions and requirements for completing the contract work. Standards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if included in the contract physically.

10-141 Sponsor A Sponsor is defined in 49 USC § 47102(24) as a public agency that submits to the FAA for an AIP grant; or a private Owner of a public-use airport that submits to the FAA an application for an AIP grant for the airport.

10-142 Structures Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; navigational aids;

buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein.

10-143 Subcontractor Any person or entity, other than the employees of the Contractor, supplying the Contractor with labor, materials, supplies and/or equipment used directly or indirectly by the Contractor in the prosecution of the Work.

10-144 Subgrade The soil that forms the pavement foundation.

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10-145 Substantial Completion Substantial Completion of a Project is the date on which the Owner certifies that the construction is sufficiently completed, in accordance with the Contract Documents, as modified by any Change Orders, so that the Owner can occupy the Project for the use for which it was intended. A certificate shall be issued to the Contractor by the Owner upon achievement of Substantial Completion. (See Article 8 Contract Time Paragraph D.

Substantial Completion, Final Completion and Final Acceptance)

10-146 Superintendent The Contractor’s executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the RPR, and who shall supervise and direct the construction.

10-147 Supplemental Agreement

A written agreement between the Contractor and the Owner that establishes the basis of payment and contract time adjustment, if any, for the work affected by the supplemental agreement. A supplemental agreement is required if: (1) in scope work would increase or decrease the total amount of the awarded contract by more than 25%: (2) in scope work would increase or decrease the total of any major contract item by more than 25%;…