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HomeMy WebLinkAboutResolution - 3860 - Contract - American Fence Co. - Security Fence Improvements, LIA - 04_09_1992Resolution No. 3860 April 9, 1992 Item #34 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and American Fence Co., Inc. of Texas for instal- lation of security fence improvements at the Lubbock International Airport, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of April , 1992. APPROVED TO CONTENT: ne EafflPurChasing Manager APPROVED AS TO FORM: r Dowd G. Vandiver, First Assis City Attorney WV:js/AHMWCE.SES/Dl-Aaenda /' /SZ-1 . CITY OF LUBBOCK SPECIFICATIONS FOR L.I.A. SECURITY FENCING IMPROVEMENTS BID # 11834 CITY OF LUBBOCK Lubbock, Texas i r k City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 i. 606-767-2167 Office of Purchasing MAILED TO VENDOR: February 21, 1992 OLD CLOSE DATE: February 27, 1992 at 2:00 p.m. NEW CLOSE DATE: March 4, 1992 at 2:00 p.m. 3id #11834 - LIA Security Fence 4ddendum #1 r Please modify or amend Contract Documents as follows: 1. 1. Please change the closing date for this bid from February 27, 1992, at 2:00 p.m. to the new closing date of March 4, 1992, at 2:00 p.m. Tha you, Ron Shuffi Buyer _. City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 606-767-2167 MAILED TO VENDOR: February 27, 1992 CLOSE DATE: March 4, 1992 at 2:00 p.m. Bid #11834 - Security Fencing Improvements - LIA Addendum #2 Please modify or amend Contract Documents as follows: 1. General Instructions to Bidders Paragraph 4 - Time and Order for Completion. Change time from 120 calendar days to 150 calendar days, 2. Bid Proposal Change construction time from 120 calendar days to 150 calendar days. Office of Purchasing Change the time that the bids can beheld form 30 days to 60 calendar days to allow for FAA grant procedures. 3. Modifications to Section 2. Item F-162 Chain -Link Fences Delete Item No. 3 on page 2-a and the second subparagraph of 162-2.3 on page 2-1 and insert the following: "Line posts, rails, and braces shall be galvanized steel pipe, polymer coated steel pipe, structural shapes or rolled -formed sections. Galvanized steel pipe shall conform to the requirements of ASTM F 1083. Ploymer-coated steel pipe shall conform,the requirements of ASTM A 569. Polymer coating shall be in accordance with ASTM F 1234, Type B. The steel used in all structural shapes shall conform to the requirements of ASTM A 572, Grade 45, and shall be galvanized in accordance with the requirements of ASTM F 1234, Type A. Addenudm #2 Security Fence Improvements Page 2 !^ Roll -formed sections shall be fabricated from material meeting the requirements of ASTM A 570, Grade 45, and shall be galvanized in accordance with the requirements of ASTM A 123, or coated with zinc-5% aluminum mischmetal alloy in accordance with ASTM F 1234, Type C. The dimensions of the posts, rials and braces shall be in accordance with Tables I through YI of Fed. Spec. RR-F-191/3 as modified herein. End, Corner, and Pull Posts Minimum 2.875" O.D. pipe for galvanized steel pipe and polymer -coated steel pipe. Intermediate Line Posts Minimum 2.375" O.D. pipe for galvanized steel pipe and polymer -coated steel pipe. Minimum 2.25" x 1.70" (heavy C) for roll -formed sections. Gate Posts Minimum 4.000" O.D. pipe for galvanized steel pipe and polymer -coated steel pipe. Top Rails and Braces Minimum 1.660" O.D. for galvanized steel pipe and polymer - coated steel pipe. Special Provisions Paragraph SP-3 Time and Order of Completion. As an alternative to the temporary fence described in the fourth subparagraph, the Contractor may use a four -foot tall chain - link fabric supported on driven posts. PLEASE RETURN ONE COPY WITH YOUR BID. r r- CITY OF LUBBOCK SPECIFICATIONS for TITLE: L.I.A. SECURITY FENCING IMPROVEMENTS ADDRESS: 6100 N. QUIRT AVENUE BID NUMBER: 11934 PROJECT NUMBER: 2153-541101-9568 CONTRACT PREPARED BY: Purchasing Department r (THIS PAGE LEFT BLANK INTENTIONALLY) ©i SPECIFICATIONS AND CONTRACT DOCUMENTS CITY OF LUBBOCK, TEXAS LUBBOCK INTERNATIONAL AIRPORT SECURITY FENCING IMPROVEMENTS AIP PROJECT No. 3-48-0138-12-92 tvv JANUARY 1992 n, Eaas SPECIAL PROJECTS OEIO-LER ENGINEERING INC. (THIS PAGE LEFT BLANK INTENTIONALLY) INDEX r� PAGE Q NOTICE TO BIDDERS..........................................................................................3 A. Required Language In Published Advertisement for Bids for AIP Contracts r-. B. Notice to Bidders, "Buy American Steel and Manufactured Products for Construction Contracts" 2. GENERAL INSTRUCTIONS TO BIDDERS ......... .............. ..................................................... S A. Mandatory Contract Provisions B. Attachment G, Disadvantaged Business Enterprise (DBE) Assurances C. City of Lubbock Disadvantaged Business Enterprise Policy D. "Buy American -Steel and Manufactured Products for Construction Contracts" E. List of Exempt Supplies and Materials 3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS..........................................0......................10 A. "Required language in Proposals for AIP Contracts" B. "Buy American Certificate" 4. PAYMENT BOND..............................................................................................15 5. PERFORMANCE BOND.............................................................................0............ Is 6. CERTIFICATE OF INSURANCE..................................................................................21 A. DBE Participation B. DBE Participation Report w/Instructions 7. CONTRACT..................................................................................................23 8. GENERAL CONDITIONS OF THE AGREEMENT.......................................................................25 A. FAA Advisory Circular 150/5370-2C, Operational Safety on Airports During Construction B. SW 5200.5A, Appendix 1, Safety Specification Guide C. FAA Advisory Circular 150/5370-4, Appendix 3, Suggested Special Provision for Protection of Gables. Controls. Neveids and Weather Bureau Facilities D. FAA Advisory Circular 150/5370.7, Airport Construction Controls to Prevent Air and Water Pollution 9. CURRENT WAGE DETERMINATIONS...............................................................................43 10. SPECIFICATIONS........................................................................0......0............44 11. SPECIAL CONDITIONS........................................................................................45 A. Special Provisions B. Special Provision, Irtportant Notice to Contractors C. Drawings Index 12. NOTICE OF ACCEPTANCE......................................................................................46 r 4 r •2- 1 No Text 7 r NOTICE TO BIDDERS 2Ls (THIS PAGE LEFT BLANK INTENTIONALLY) r NOTICE TO BIDDERS BID B 11834 Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 27th day of February, 1992, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: LUBBOCK INTERNATIONAL AIRPORT SECURITY FENCING IMPROVEMENTS After the expiration of the time and date above first written, said sealed proposals will be opened by the Purchasing Manager at his office and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of Gene ta` Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City Council will consider the bids on the 12th day of March, 1992, at Municipal Bldg., Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or sit bids and waive any formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of I or suoerior, as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not exceed $25,000.00 the said statutory bonds will not be required. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bards satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Minimum wage rates have been predetermined as required by law and are set forth in the specifications. The proposed contract is subject to 49 CFR Part 23 concerning the participation of disadvantaged business enterprises and is under and subject to Executive Order 11246 of September 24, 1965 and to the Equal opportunity Clause contained in the bidding documents. The proposed contract is subject to the Aviation Safety and Capacity Expansion Act of 1990. 0 b The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. There will be a pre -bid conference on 21st day of February, 1992. at 10:00 o'clock a.m., Personnel Conference Room #108, Municipal Building, 1625 13th Street. CITY OF LUBBOCK BY: Gene Eads, C.P.M. Purchasing Manager 7 I ADVERTISEMENT FOR BIDS BID 0 1= I Sealed proposals addressed to Gene Ends, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be f received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the 27th day of February. 1992, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: LUBBOCK INTERNATIONAL AIRPORT SECURITY FENCING IMPROVEMENTS After the expiration of the time and date above first written, said sealed proposals will be opened by the Purchasing Manager at his office and publicly read aloud. The plans, specifications, proposal forms and contract documents slay be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Minimum wage rates have been predetermined as required by law and are set forth in the specifications. r The proposed contract is subject to 49 CFR Part 23 concerning the participation of disadvantaged N business enterprises and is under and subject to Executive Order 11246 of September 24, 1965 and to the Equal Opportunity Clause contained in the bidding documents. The proposed contract is subject to the Aviation Safety and Capacity Expansion Act of 1990. There will be a prebid conference held at 10:00 a.m, on the 21st day of February. 1992, Personnel Conference Room 108, Municipal Building, 1625 13th Street, Lubbock, Texas. Gene Ends, C.P.M., 61 Purchasing Manager (THIS PAGE LEFT BLANK INTENTIONALLY) REQUIRED LANGUAGE IN PUBLISHED ADVERTISEMENT FOR BIDS FOR AIP CONTRACTS a. Required Lanauaae In Published Advertisements For Bids For All AIP Contracts: r Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. b. Additional Language Required In Published Advertisement For Bids For AIP Contracts Where The Sponsor Has An MBE/DBE groaram In Effect Or Is Required Sy 49 CFR Part 23 To Have An Approved MBE/DBE Program. All bidders and proposers shall make good faith efforts, as defined in Appendix A of 49 CFR Part 23, Regulations of the Office of the Secretary of Transportation, to subcontract /O percent of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE). In the event that the bidder for this solicitation qualifies as a DBE, the contract goal shall be deemed to have been met. Individuals who are rebuttably presumed to be socially and economically disadvantaged include women, Blacks, Hispanics, Native Americans, Asian -Pacific Americans and Asian -Indian Americans. The apparent successful bidder (proposer) will be required to submit information concerning the DBE's that will participate in this contract. The information will include the name and address for each DBE, a description of the work to be performed by each named firm, and the dollar value of the contract (subcontract). If the bidder fails to achieve the contract goal as stated herein, it will be required to provide documentation demonstrating that it made good faith efforts in attempting to do so. A bid that fails to meet these requirements will be considered nonresponsive. C. Required Notices For Contracts Over 910,000: The regulations and orders of the Secretary of Labor, OFCCP and FAR 152.61 require that the sponsor or his contractor(s) include, in invitations for bids or negotiations for contracts over $10,000, the following notices: r(1) The proposed contract is under and subject to Executive Order 11246 of September 24, 1965, and to the Equal r Opportunity Clause. (7/30/90) page 1 (2) The Bidder (Proposer) must supply all the information required by the bid or proposal form. (3) The successful bidder will be required to submit a Certification of Nonsegregated Facilities prior to award of the contract, and to notify prospective subcontractors of the requirement for such a Certification where the amount 'of the subcontract exceeds $10,000. Samples of the Certification and Notice to Subcontractors appear in the specifications. (4) Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards or requirements for the employment of minorities. d. Contracts In Excess Of $50,000. In the invitation for bids relating to contracts of $50,000 or more, the sponsor shall include the following notice: For contracts of $50,000 or more, a contractor having 50 or more employees, and his subcontractors having 50 or more employees and who may be awarded a subcontract of $50,000 or more, will be required to maintain an affirmative action program within 120 days of the commencement of the contract. e. Additional Notices For $1 Million Contracts. For each contract which may result in a bid of $1 million or more, the invitation for bids shall also include the following notices: (1) Preaward Equal Opportunity Compliance Reviews. Where the bid of the apparent low responsible bidder is in the amount of $1 million or more, the bidder and his known all -tier subcontractors which will be awarded subcontracts of $1 million or more will be subject to full on -site, preaward equal opportunity compliance reviews before the award of the contract for the purpose of determining whether the bidder and his subcontractors are able to comply with the provisions of the equal opportunity clause. (2) Compliance Reports. Within 30 days after award of this contract , the contractor shall file a compliance report (Standard Form 100) if: (a) The contractor has not submitted a complete compliance report within 12 months preceding the • date of award; and (7/30/90) page 2 t C: r' (b) The contractor is within the definition of Itemployer" in Paragraphs 2e(3) of the instructions included in Standard Form 100. The contractor shall require the subcontractor on all - tier subcontracts, irrespective of dollar amount, to file Standard Form 100 within 30 days after award of the subcontract if the the above two conditions apply. Standard Form 100 will be furnished upon request. NOTE r• It is not necessary for the sponsor to physically include the equal opportunity clauses in the published advertisement for bids. It is sufficient if the advertisement states that the proposed contract is subject to the equal opportunity clause •• contained in the specifications which will be furnished I prospective bidders or will be available for examination at the office indicated in the advertisement. /^ (7/30/90) page 3 r (THIS PAGE LEFT BLANK INTENTIONALLY) r NOTICE TO BIDDERS BUY A.,!ERICAN - STEEL AND MANUFACTURED PRODUCTS FOR CONSTRUCTION CONTRACTS (JAN 1991) (a) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: r 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product �• produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken palce in the United States. Components r` of foreign origin of the same class or kind as the products referred to in subparagraphs (b)(1) or (2) shall be treated as domestic. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. (b) The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, except those- (1) that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; (2) that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or (3) that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. (End of Clause) r TO BE INCLUDED IN SOLICITATIONS l (THIS PAGE LEFT BLANK INTENTIONALLY) r r CENERAI INSTRUCTIONS TO BIDDERS r F, r -4- (THIS PAGE LEFT BLANK INTENTIONALLY) I GENERAL INSTRUCTIONS TO BIDDERS 1. SCOPE OF WORK The work to be done under the contract documents shall consist of the following: Removal of existing barbed wire fencing with steel posts, the installation of approximately 45,000 linear feet of 6-foot chain link fencing, cantilever sliding gates, and other related Items or work. The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done In accordance with contract documents described in the Gen- eral Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 3. PLANS FOR USE BY BIDDERS It is the Intent of the City of Lubbock that all parties with an interest 1n submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. TIME AND ORDER FDR COMPLETION The construction covered by the contract documents shall be fully completed within 120 (ONE HUNDRED WENTY) calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. i The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so sub- complmitted, the City may direct the Contractor to take such action as the City deems necessary to insure e-tion of the project within the time specified. r' € S. PAYMENT All payments due to Contractor shall be arade in accordance with the provisions of the General Conditions of the contract documents. 6. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of ~ the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 1. r -5- 7. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for pro- tecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provi- sion. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. a. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against de- fective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, When such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 4. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished di- rectly to the Contractor. The Contractor shell then distribute copies of plans and specifications to sup- pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con- tractor. 10. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi- als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc- tion, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City re- serves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed contract and ell work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 11. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the ma- terials to be incorporated into the work without paying the tax at the time of purchase. -6- 12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construc- tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur- nish Contractor the location of all such underground lines and utilities of which it has knowledge. How- ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such under- ground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 13. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger sig- nals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and S lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and re - pieced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri- cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of �^ acceptance of the project. l 14. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blast- ing. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 11, CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the ( work contemplated by this contract is in progress. 16. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required r in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written .7- notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subroga- tion. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a ,-- statement from the Contractor to the effect that no work on this particular project shall be subcontracted. 17. LABOR AND WORKING ROURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations there- under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu- ments does not release the Contractor from compliance with any wage law that may be applicable. Construc- tion work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: _ (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. Is. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often then once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deduc- tions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. -a- 19. 20. 21. 7 The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such Laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. PROVISIONS CONCERNING ESCALATOR CLAUSES Proposals submitted containing any conditions which provide for changes in the stated bid price due to in- creases or decreases in the cost of materials, labor or other items required for the project will be re- jected and returned to the bidder without being considered. PREPARATION FOR PROPOSAL The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, dis- tinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an indi- vidual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Proposal for (description of the project). Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. BOUND COPY of CONTRACT DOCUFIENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol- towing: (a) Notice to Bidders. (b) General instructions to Bidders. (c) Bidder's Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. r -9- (THIS PAGE LEFT BLANK INTENTIONALLY) r Mandatory Contract Provisions DBE REQUIRED STATEMENTS - 49 CFR PART 23 This section applies to all non -construction and construction contracts. Policy. it is the policy of the Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 23 sha11 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. r- DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds provided under this agreement. In this regard all recipients or l contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex r- in the award and performance of DOT -assisted contracts. INSPECTION OF RECORDS - 49 CFR PART 18 This section applies to all non -construction contracts and construction contracts. The contractor shall maintain an acceptable cost accounting system. The Sponsor, the FAA, and the Comptroller General of the United States shall have access to any books, documents, paper, and records of the contractor which are directly pertinent to the �., specific contract for the purposes of making an audit, examination, excerpts, and transcriptions. The contractor shall maintain all required records for three years after the Sponsor makes final payment and all other pending matters are closed. r C ,.. (7/30/90) page 1 RIGHTS TO INVENTIONS - 49 CFR PART 18 This section applies to all non -construction contracts and construction contracts. • All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the Sponsor of the -Federal grant under which this contract is executed. Information regarding these rights is available from the FAA and the Sponsor. BREACH OF CONTRACT TERMS SANCTIONS - 49 CFR PART 18 This section applies to all non -construction contracts and construction contracts. Any violation or breach of the terms of this contract on 'the part of -the contractor or subcontractor may result in the suspension or _..termination of this contract or- such other action which may be necessary to enforce the rights of the parties of this agreement. TRADE RESTRICTION CLAUSE - 49 CFR PART 30 This section applies to all non -construction contracts and all construction contracts. The contractor or subcontractor, by submission of an offer and/or •- execution of a contract, certifies that its a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said 'list, or is owned or controlled directly or indirectly by one .,or more citizens or nationals of a foreign country on said list; c. has 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. _ page 2 F 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 r 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 f 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. page 3 CIVIL RIGHTS ACT OF 1964, TITLE VI - 49 CFR PART 21 CONTRACTUAL REQUIREMENTS This section applies to all non -construction contracts and construction contracts. During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the.contract,.shall..not'discritinate on the grounds of race, color, or.national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practiceswhen the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all. solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives '`issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. page 4 F r r 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but rnot limited to: a. Withholding of. payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. c. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs I through 5 in every subcontract, including procurements of materials and leases of equipment, unless E exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event'a contractor r, becomes .involved in, -or is --threatened with,.: litigation with a subcontractor or supplier as a result of such direction, the L contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 GENERAL CIVIL RIGHTSPROVISIONS This section applies to all non -construction and construction contracts. The contractor/tenant/concessionaire/lessee assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds 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 f tenant/concessionaire/lessee or its transferee for the period f during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide, or is in �^ the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of �- the following periods: (a) the period during which the property } is used by the airport sponsor or any transferee for a r i page 5 r purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 515 VETERAN'S PREFERENCE This section applies to all construction contracts. In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. DAVIS BACON REQUIREMENTS - 29 CFR PART 5 This section applies to all construction contracts greater than $2,000. (1) Minimum Wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3 )) , the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section l(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred ,for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular page 6 r weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and P mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill', except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be r. compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The r" wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed ..under " the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and �.. fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determinations; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, page 7 D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30.days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon. Act have been met. The Secretary of Labor may require the page 8 { d contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (2) Withholding. The Federal Aviation Administration or the r Sponsor shall upon its own action or upon written request of an f' authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon, prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the r contract. In the event of failure to pay any laborer or mechanic, c including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract,..the.Federal Aviation Administration may, after written i - notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further r payment, advance, or guarantee of funds until such violations have I ceased. �., (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs �., anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b) (2) (B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5. 5 (a) (1) (iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated `^ in providing benefits under a plan or program described in section I(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to r i the laborers or mechanics r page 9 affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph 5.5(a)(3)(i) above. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, D.C.20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under' the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required'- to be maintained under paragraph (3) (1) above and that such information is correct and complete; (2),That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible page 10 deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of Work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed r, certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. r E (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (fi) The contractor or. subcontractor shall .make the records required under paragraph (3)(1) of this section r available for inspection, copying or transcription by authorized representatives of the Sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or r. to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and Trainees (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an page 11 t r apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable. wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the a p p 1 1 c a b 1 e classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The page 12 7 r r c ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in 'accordance with the provisions of the trainee program. If the trainee programdoesnot mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part.30. (5) Compliance With Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any. subcontracts the clauses contained in 29 CFR Part 5.5 (a) (1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. page 13 r (7) Contract Termination: Debarment. A breach of the contract clauses in paragraph (1) through (10) of this section and paragraphs (1) through (5) of the next section below may be grounds for termination of the contract, and for the debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance With Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this 'contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of r- the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of Eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12 (a) (1) (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. TERMINATION OF CONTRACT - 49 CFR PART 18 This section applies to all non -construction contracts greater than $10,000 and all construction contracts greater than 610,000. 1. The Sponsor. may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice' directs otherwise) and all materials as may have been accumulated in performing this page 14 7 r r 7 contract, whether completed or in progress, delivered to the Sponsor. 2. If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. 3. If the termination is due to failure to fulfill the contractor's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the Sponsor for any additional cost occasioned to the Sponsor thereby. 4. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause. 5. The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract. EQUAL EMPLOYMENT OPPORTUNITY - 41 CFR PART 60-1.4(b) r This section applies to all construction contracts greater than $10,000. During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, • or national origin. The contractor will take affirmative action (� to ensure that applicants are employed, and that employees are i treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. r� page 15 r 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin._ 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provision, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or page 16 r r is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION FCONTRACT SPECIFICATIONS.(41 CFR 60-4.3) This section applies to all construction contracts greater than $10.-000. 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs-(OFCCP),.U.S. Department of Labor, or any person to whom the Director delegates authority; C. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having r` origins in any of the original peoples of the Far East, ii Southeast Asia, the Indian Subcontinent, or the Pacific Islands) and (4). American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). . 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess r page 17 1 of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall 'be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or .subcontractor's -failure to take good.faith.efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations. under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. page 18 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their r training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the r., contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority l and female recruitment sources, provide written notification to minority and female recruitment sources r and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be r documented in the file with the reason therefore along 1 with whatever additional actions the contractor may have taken. page 19 d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite•supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and page 20 subcontractors with whom the contractor does or .anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and r. training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the r• selection process. ` J. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation G employment to minority and female youth both on the site and in other areas.of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part ,. 60-3. 1. Conduct, at least annually, an inventory and evaluation gat least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel i practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities r- are nonsegregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. t ' page 21 p. Conduct a review, at Least annually,. of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. S. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is -:the -contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to.provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized) 10.. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and ,cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, • and its implementing regulations, by the Office of Federal Contract page 22 r F r Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex,-. status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed.. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall upon the application of other la standards of compliance or upon ti for the hiring of local or other under the Public Works Employment Development Block Grant Program). be construed as a limitation rs which establish different a application of requirements area residents (e.g., those Act of 1977 and the Community NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS - 41 CFR 60-1.8 This section applies to all construction contracts greater than $10,000. 1. A Certification of Nonsegregated Facilities shall be submitted prior to the award of a federally -assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. .page 23 2. Contractors receiving federally -assisted construction contract awards exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false.statements in offers is prescribed in 18 U.S.C. 1001. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATION OF NONSEGREGATED FACILITIES This section applies to all construction contracts greater than $10,000. 1. A Certification of Nonsegregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in IS U.S.C. 1001. CERTIFICATION TO BE SUBMITTED BY FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS AND THEIR SUBCONTRACTORS (APPLICABLE TO FEDERALLY ASSISTED CONSTRUCTION CONTRACTS AND RELATED SUBCONTRACTS EXCEEDING $10,000 WHICH ARE NOT EXEMPT FROM THE EQUAL OPPORTUNITY CLAUSE) CERTIFICATION OF NONSEGREGATED FACILITIES This section applies to all construction contracts greater than $10,000. The federally -assisted construction contractor certifies that he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally -assisted construction contractor certifies that he page 24 r r will not maintain or provide, for his employees, segregated facilities at any of his establishments and that he will not ` permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally -assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas,,parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated on the basis :of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally -assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000_which are not exempt from the provisions of the Equal Opportunity Clause and that he will retain such certifications in his files. Certification - The information above is true and complete to the best of my knowledge and belief. (Please type) Name and Title of Signer Signature Company Date Address Note: The penalty for making false statements in an offer are prescribed in 18 U.S.C. 1001. page 25 r NOTICES TO BE POSTED PER PARAGRAPHS (1) AND (3) OF THE EEO CLAUSE - 41 CFR PART 60-1.4(b) This section applies to all construction contracts greater than $100000. Equal Employment Opportunity is the Law - Discrimination is Prohibited by the Civil Rights Act of 1964 and by Executive Order No. 11246 Title VII of the Civil Rights Act of 1964 - Administered by: The Equal Employment Opportunity Commission Prohibits discrimination because of Race, Color, Religion, Sex, or National origin by Employers with 25 or more employees, by Labor Organizations with a hiring hall of 25 or more members, by Employment Agencies, and by Joint Labor -Management Committees for Apprenticeship or Training. Any person Who believes he or she has been discriminated against .should contact: The Office of Federal Contract Compliance Programs U.S. Department of Labor Washington, D.C. 20210 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS - 29 CFR PART 5 This section applies to all construction contracts greater than $10"000. (1) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to -work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and — one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph 1. above, the contractor or any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District page 26 F r F of Columbia or a territory, to such District or to such territory), for liquidateddamages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards,' employed in violation of the clause set forth in paragraph 1. above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. above. (3) Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and...liquidated damages as provided in the clause set forth in paragraph 2. above. (4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1. through 4. and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) • (5) Working Conditions. No contractor or subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1926) issued by the Department of Labor. NOTICE FOR SOLICITATIONS FOR BIDS (BID NOTICE) - 41 CFR PART 60-4.2 This section applies to all construction contracts greater than $10,000. 1. The Offeror's or Bidders's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. page 27 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trace on all construction :cork in the covered area, are follows: Timetables Goals for minority participation -Goals for for each trade female participation in each trade 19.5% 6.9% (Insert goals for each year] [Insert goals for each year] These goals are applicable to all the contractor's construction work (whether or not it is Federal or federally -assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the geographical area where the work is actually, perform. With regard to this second area-, the :contractor also is subject to the goals for both its Federally involved and nonfederally involved construction. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training shall be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the contractor's goals, shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The contractor shall provide written notification to the Director, OFCCP, within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of subcontract; and the geographical area in which the subcontract is to be performed. page 28 F i 4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is Lubbock, Lubbock County. Texas ;insert desc:irt'on of the geographical areas where the contract is to be performed giving the state, county, and city, if any]. CERTIFICATION REGARDING DEBAFLMEN':, SUSPENSION, INELIGIBILITY, AND VOLUNTARYEXCLUSION - 49 CFR PART 29 This section applies to all non -construction contracts greater than r' $25,too and all construction contracts greater than 025,000. The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this t clause without codification in all lower tier transactions, ::-_-solicitations,:-proposals,-contracts, and subcontracts. Where the C" bidder/offeror/contractor or any lower tier participant is unable t to certify to this statement, it shall attach an explanation to this solicitation/proposal. t Certification - The information above is true and complete to the best of my knowledge and belief. (Please type) r Name and Title of Signer Signature company Date Address Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CLEAN AIR AND WATER POLLUTION CONTROL REQUIRE:BENTS This section applies to all construction contracts greater than $100..000. Contractors and subcontractors agree: a. That any facility to be used in the perfc^ance of the contract or subcontract or to benefit from the contract is not page 29 listed on the Environmental Protection Agency (EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 ofthe Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amende, 33U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirementsspecified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issuedthereunder; c. That, as a condition for the award of this contract, thecontractor or subcontractor will notify the awarding official ofthe receipt of any communication from the EPA indicating that afacility to be used for the performance of or benefit from thecontract is under consideration to be listed on the EPA List ofViolating Facilities; d. To include or cause to be included in any construction ..contract.. or .subcontract _ which ..exceeds...100, 000 ..the : aforementioned criteria and requirements. DBE REQUIRED STATEMENTS - 49 CFR PART 23 This section applies to all non -construction and construction contracts for Sponsors who have, or are required to have, a DBE program. It is understood and agreed: The award procedure for this solicitation will include the selection criteria of 49 CFR Part 23.45(1) to ensure that prime contracts are awarded. to competitors that meet Disadvantaged Business Enterprise (DBE) goals. Notification is hereby given that DBE goals are established for this prime contract. The goal for firms owned and controlled by socially and economically disadvantaged individuals is 10 percent of the dollar value of this contract. After opening bids, the apparent successful bidder will be required to submit names and addresses of the DBE firms that will participate in the contract along with a description of the work to be performed by each named firm and the dollar value for each contract (subcontract). If the responses do not clearly show DBE participation will meet the goals above, the apparent successful bidder must provide documentation clearly demonstrating, to the satisfaction of page 30 the airport sponsor, that it made good faith efforts in attempting to do so and that meeting said goals is not reasonably possible. A bid that fails to meet these requirements will be considered nonresponsive. r� Agreements between bidder/proposer and a DBE in which the DBE promises not to provide sub -contracting quotations to other bidders/proposers are prohibited. All bidders and proposers shall to that is make a good faith effort replace a DBE subcontractor unable to perform successfully with another DBE subcontractor. The bidder shall establish and maintain records and submit regular reports, as required, which will identify and assess progress in achieving DBE subcontract goals and other DBE affirmative action efforts. page 31 r (THIS PAGE LEFT BLANK INTENTIONALLY) r ATTACHMENT G DISADVANTAGED BUSINESS ENTERPRISES (DBE) ASSURANCES 1. Policy. It is the policy of the United States Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in t part with Federal funds under this agreement. Consequently, the t DBE requirements of 49 CFR Part 23 apply to this agreement. 2. DBE obligations. The Contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of �., contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. t 3. Prolect DBE Participation Goal and Good Faith Effort. The bidder/proposer shall make good faith efforts, as defined in Appendix A of 49 CFR Part 23, Regulations of the Office of the Secretary of Transportation, to subcontract ten (201 percent of the dollar value of the prime contract to small business concerns owned i and controlled by socially and economically disadvantaged individuals (DBE). In the event that the bidder for this solicitation qualifies as a DBE, the contract goal shall be deemed to have been met. Individuals who are rebuttably presumed to be socially and economically disadvantaged include women, Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. The apparent successful competitor will be required to submit information concerning the DBE that will participate in the contract. The information will include: (1) the name and address of each DBE; (2) a description of the work to be performed by each named firm; and (3) the dollar value of the work of the contract. If the bidder fails to achieve the contract goal stated herein, it will be elk required to provide documentation demonstrating that it made good faith efforts in attempting to do so. A bid that fails to meet these requirements will be considered nonresponsive. 4. Countinc; DBE Participation Toward Meeting the Goals. The City of Lubbock, hereinafter called the Sponsor, will count DBE parti- cipation toward the goals in accordance with the guidelines outlined below. 7 G-1 a. once a firm is determined to be an eligible DBE under 49 CFR Part 23, the federal share of the total dollar value of the contract awarded to the DBE is counted toward the DBE goal. b. The Sponsor and its contractors will count toward the DBE goals a portion of the total dollar value of a contract with a certified joint venture equal to the percentage of ownership and control of the DBE partner in the joint venture. c. The Sponsor and its contractors will count toward the DBE goals the federal share of the total dollar value of a contract with a firm owned and controlled by two socially and economically disadvantaged individuals, each of whom has a 50% interest in the firm. d. Only expenditures to the DBE that perform a commercially useful function in the work of a contract will be counted toward the'DBE goals. A DBE is considered to perform a commercially useful function when it is responsible .for execution of a distinct element of the work of a contract and carrying out its responsibilities by actually performing, managing, and supervising the work involved. To determine whether a DBE is performing a commercially useful function, the Sponsor and its contractors will evaluate the amount of work subcontracted, industry practices, and other relevant factors. e. Consistent with normal industry practices, a DBE may enter into subcontracts. If a DBE contractor subcontracts a significantly greater portion of the work of the contract than would be expected on the basis of normal industry practices, the DBE shall be presumed not to be performing a commercially useful function. The DBE may present evidence to the Sponsor to rebut this presumption. The decision by the Sponsor is subject to review by the United States Department of Transportation. f . The Sponsor and its contractors will count toward the DBE goals 60 percent of expenditures for materials and supplies required under a contract and obtained from'a DBE regular dealer, and 100_percent of the federal share of such expenditures obtained from a DBE manufacturer. g. For purposes of this DBE program, a manufacturer is a firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Sponsor or a contractor. h. For purposes of this DBE program, a regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a regular dealer, the firm must engage in, as its principal G-2 business, and in its own name, the purchase and sale of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. Brokers and packagers will not be regarding as manufacturers or regular dealers under this DBE program. .. i. The Sponsor and its contractors may count toward the DBE goals the federal share of the following expenditures to DBE firms that are not manufacturers or regular dealers: i. The fees or commissions charged for providing a bona fide service, such as professional, technical, consultant or managerial services and assistant in the procurement of essential personnel, facilities, equipment, materials or supplies required for performance of the contract, provided that the fee or commission is determined by the Sponsor to be reasonable and not excessive as compared with fees customarily allowed for similar services. ii. The fees charged for delivery of material and supplies required on a job site (but not the cost of the materials d and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer or a regular dealer in the materials and supplies, provided that the fee is determined by the Sponsor to be reasonable and not excessive as compared with fees customarily allowed for similar services. iii. The fees or commission charged for provided any f bonds or insurance specifically required for the performance of the contract, provided that the fee or commission is determined by the r' Sponsor to be reasonable and not excessive as compared with fees customarily allowed for similar services. 5. Conditional Award. If the successful bidder for a federal -aid contract is determined to be acceptable, the Sponsor will conditionally award the contract. The condition of the award is that within 15 days after the date of the award, the bidder must furnish to the Sponsor names and addresses of the DBE subcontractors that are intended to be used, a description of the work each a tentative agreement for each DBE firm submitted, signed within the 15 days, documentation showing the steps taken to obtain DBE participation ("Good Faith Effort".) Such documentation is to be submitted directly to the Sponsor. The Sponsor will evaluate the contractor's documented efforts and will determine whether or not they constitute compliance with the contract DBE requirements and are acceptable. Should the bidder to whom the contract is conditionally awarded refuse, neglect or fail I to meet the goals or furnish acceptable documentation, the bid bond filed with the bid may become the property of the Sponsor, not as a penalty, but as damages to the Sponsor's DBE program. The G-3 Sponsor may then conditionally award the contract to the second lowest acceptable bidder. 6. Conditional Acceptance of Proposal. If the successful proposer for a federal -aid professional services contract is determined to be acceptable, the Sponsor will conditionally accept the proposal. The condition of the acceptance is that prior to the execution of a professional services contract, the proposer must furnish to the Sponsor names and addresses of the DBE subcontractors that are intended to'be used, a'description of the work each subcontractor is to perform, the dollar value of each proposed subcontract, and a tentative agreement for each DBE firm submitted, signed by an officer of the contractor and an officer of the proposed DBE firm. A professional service provider who does not meet the contract goal, in whole or in part, must submit prior to execution of the contract, documentation showing the steps taken to obtain DBE participation ("Good Faith Effort".) . Such documentation is to be submitted directly to the Sponsor. Sponsor will evaluate the professional service provider's documented efforts and will determine whether or not they constitute compliance with the contract DBE requirements and are acceptable. Should the professional service provider whose proposal has been conditionally accepted be refused, neglect or fail to meet the goals or furnish acceptable documentation, the Sponsor may then conditionally accept the proposal of the second best proposer. 7. Reguired Reporting of DBE Participation. The contractor shall submit on a monthly basis reports showing the DBE participation and submit a final report on the completion of the project. S. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the DBE requirements of this contract, the Sponsor may impose one or more of the following contract sanctions as it or the FAA may determine to be appropriate, including but not limited to: a. cancellation, termination or suspension of the contract, in whole or in part, and/or b. withholding of payments to the contractor under the contract until the contractor complies, and/or C. barring the contractor from contracting with the Department of Transportation, Federal Aviation Administration as an agent or representing itself, for a period of one year from the date of notification of noncompliance. G-4 CITY OF LUBBOCK DISADVANTAGED BUSINESS ENTERPRISE POLICY I. POLICY STATEMENT It is the policy of the City of Lubbock, Texas to involve Disadvantaged Business Enterprises to the fullest extent feasible in all phases of its procurement practices, and to provide them equal opportunities to compete for contracts for construction, provision of professional services, purchases of equipment and supplies, and provision of other services required by the City. As a part of the effort to attain these'policy objectives, it is the intent of the City of Lubbock to develop and implement a Disadvantaged Business Enterprise Program to ensure that the members of the disadvantaged business community will have equal opportunities to be utilized in all aspects of the City's procurement programs. c: For the purpose of this policy, a Disadvantaged Business Enterprise is defined as a small business concern: a) which is r at least 51% owned by one or more socially and economically { disadvantaged individuals, or, in the case of any publicly owned business, at least 51% of the stock of which is owned by one or more socially and economically disadvantaged individuals, and b) whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. Such persons would include any person r .who is a citizen or lawful resident of the United States and who is a member of one of the following groups: (A) women; r (B) Black Americans, which includes persons having origins in any of the Black racial groups of Africa; (C) Hispanic Americans, which includes persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; (D) Native Americans, which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; (E) Asian -Pacific Americans, Which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and the Northern Marianas; and ' (F) Asian -Indian Americans, which includes persons whose origins are from India, Pakistan, Bangladesh, and Sri Lanka; (G) Members of other groups, or other individuals found to be economically and socially disadvantaged by the Small Business Administration under Section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)); (H) Persons not members of the preceding groups who have been found to be individually, socially, and economically disadvantaged by the City on a case -by - case basis. To the extent legally practicable, the City of Lubbock will insure that all contractors providing services, materials or supplies to the City provide employment opportunities to socially and economically disadvantaged groups and individuals equal to those provided all other groups or individuals Such contractors will also be required to take positive steps toward the utilization of disadvantaged business enterprises, to the maximum -2- 7 extent compatible with prompt and satisfactory completion of the projects for which they contract. The City will provide assistance, when requested, to Disadvantaged Business Enterprises in providing instructions on the preparation of bid specifications, compliance with i procurement policy, and fulfillment of general bid requirements. In addition, the City will provide information on job performance requirements, procurement opportunities and prerequisites for bidding on contracts. 4. The City of Lubbock will encourage joint ventures among Disadvantaged Business Enterprises and between non -disadvantaged and disadvantaged firms bidding for City contracts. The City of Lubbock will seek and will use its best efforts to insure that Disadvantaged Business Enterprises are informed of current and future procurement activities through newsletters, r' including disadvantaged newspapers, local disadvantaged chambers _ of commerce, and other disadvantaged organizations as well as C through direct contact with disadvantaged entrepreneurs. + As evidence of its intent to vigorously pursue the object of this �. Disadvantaged Business Enterprise Program, the City Manager has designated the Business Liaison Officer as the Disadvantaged Business Enterprise Liaison Officer for the Department of Transportation related projects, who will be assisted by the City of Lubbock's Human Relations Department, Transit Department, and FDepartment of 7 3 Aviation, in developing, administering, and implementing the City's Disadvantaged Business Enterprise Program. APPROVED AS AMENDED this day of ���r�'�'rr.,�c P 1988 by: CITY OF LUBBOCK, TEXAS B.C. MCM NN, MAYOR Date / APPROVED AS TO FORM: J Jj hn C Ross, Jr., Ciry AtIrney arryT Cunningh� , City Manager ate Date' -4- r E II.. LIAISON OFFICER r The City of Lubbock has designated the Business Liaison Officer 1, to serve as the City's Liaison Officer for the Disadvantaged r Business Enterprise Program (hereinafter DBEP. Disadvantaged Business Enterprise is hereinafter DBE. The Liaison Officer reports directly to the City of Lubbock's City Manager. The duties of the Liaison Officer shall include the following: A. Development, managing, implementing, and evaluating the d DBEP. B. The review of all contract language and supporting data submitted in all phases of project administration to assure I compliance with the DBEP requirements and applicable federal, state, and local laws. C. The monitoring, via periodic reviews, of the contractor's compliance with the City's DBEP as a mechanism for evaluation and planning. D. Maintenance and updating of a registry of socially and economically disadvantaged -owned businesses, as certified by SBA or other appropriate agency, with specific information on expertise, work performance, and other information including verification of ownership. E. The design and conduct of "in-house" DBE Seminars as well as the provision of technical assistance to interested bidders. F. Analysis of available planning tools to project priority r areas of DBE efforts. -5- G. Providing assistance to City departments in resolving specific problems related to implementation of the DEEP and achievement of stated goals. _ H. Publication of business opportunities to DBE's and assistance to such businesses in obtaining contracts and sub -contracts. I. Attendance of pre -bid and pre -construction conferences to explain DBE requirements. J. Participation on bid and proposal review panels. K. The maintenance of DEE contract records, and regular reporting to the City Manager and to the Mayor. L. The coordination of the DEEP with the procurement and legal departments, and other appropriate local agencies. M. Submit all reports as required by DOT and other Federal Regulations. SUPPORTIVE STAFF The DBE Liaison Officer shall have adequate staff to perform the duties. The Coordinators of the Transportation, Aviation, and other appropriate departments or their designated representative will serve as the DBE Coordinator for their respective departments. The Departmental Coordinator will be at a minimum, responsible for: A. Notifying the DBE Liaison Officer of all grants being applied for through the U.S. Department of Transportation (hereinafter DOT), B. Notifying the Liaison Officer of approved grant awards, F F C. Evaluating.approved grants for potential DBE participation, and D. Involving the DBE Liaison Officer in the entire bid process for DOT -assisted projects, which includes, but is not limited to: 1. Notification in advance by appropriate department of consultant and/or construction contracts. 2. Providing the Officer the opportunity to review bid proposals and requests for proposals (RFP) prior to their formal advertisements to insure that the City's DBE requirements have been met. 3. Notifying the Officer of the time and place for all pre -bid conferences if any, so that the DBE requirements can be explained and questions answered. 4. Making sure that the Liaison Officer has an opportunity to evaluate all bids received in an effort to assure the validity of the degree of DBE participation claimed. This will include verification of the information included in Schedule A. E. Reporting to the Liaison Officer on no less than a quarterly basis on the various departments efforts at achieving the DBE goals. -7- III. PROCEDURE TO INSURE EQUITABLE OPPORTUNITY TO COMPETE FOR CONTRACTS AND SUB -CONTRACTS The City of Lubbock will develop and use,affirmative action techniques to facilitate DBE participation in contracting activities. These techniques shall include, but are not limited to: A. Arranging solicitations, time for the presentation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation of DBE's; B. Providing assistance to DBE's in overcoming barriers such as the inability to obtain bonding, financing, or technical assistance by working with outside agencies to provide these resources; C. Carrying out information and communications programs on contracting procedures and specific contracting opportunities in a timely manner; D. Holding pre -bid conferences to explain the projects and encourage prime contractors to use DBE's as subcontractors; and E. Including the City's goal requirement for DBE participation in the bid solicitations for DOT -assisted projects. IV. DBE DIRECTORY Such directory or source list shall specify which firms listed have been determined by DOT and The Small Business Administration (hereinafter SBA) to be eligible DBE's in accordance with procedures set forth in the regulations. -8- R' V. DBE ELIGIBILITY AND JOINT VENTURES INVOLVING DBE's To insure that the DBEP only benefits firms owned and controlled by socially and economically disadvantaged individuals, the Small rBusiness Administration shall certify the eligibility of DBE's �., and joint ventures involving DBE's that are named by competitors by completing Schedule A and/or B. (For exceptions, see Attachment 2, Part G.) r- The City shall require prime contractors to make good faith { efforts to replace a DBE contractor►that is unable to perform successfully with another DBE. The City shall reserve the right to approve all substitutions of subcontractors before bid opening and during contract performance, in order to insure that the substitute firms are eligible DBEs. VI. PERCENTAGE GOALS A. Overall Goals The overall goal for the City of Lubbock's DBEP is ten percent (10%) of the contract amount for socially and economically disadvantaged -owned businesses. In no case shall this goal constitute a fixed quota. The following factors were considered in arriving at these goals: 1. The number and types of contracts to be awarded by the City during its fiscal year; 2. The number and types of DBE's that have been identified by the City and SBA; 3. The number and types of DBE's likely to be available to �^ compete for contracts during the funding period; and f_ k 4. The past efforts of the City to contract with DBE's.• - The overall goals shall be reviewed on an annual basis. The review process shall analyze projected versus actual DBE participation during the previous fiscal year. Whatever revisions are considered necessary, shall be made and submitted to DOT for approval. B. Contract Goals Contract goals will be set on specific projects which the bidder/proposer must meet or exceed, or demonstrate that it r -- would not meet despite its best efforts. The goals will be set based an the known availability of qualified DBEs. C. Publication of Goals At the time the City submits its overall goals to the Department of Transportation for approval, it shall publish a notice announcing these goals, informing the public that the goals and a description of how they were selected are available for inspection during normal business hours at the City Manager's Office for 30 days following the date of notice, and informing the public that the Department and the City will accept*comments on the goals for 45 days from the date of the notice. The notice shall include addresses to which comments may be sent, and shall be published in general circulation media and available disadvantaged -focus media and trade association publications, and shall state that the comments are for informational purposes only. -10- l , D. Geographic Area The City of Lubbock and contractors shall at a minimum, seek 1. DBE's in same geographic area in which contractors or subcontractors are sought for a given solicitation. If the goals cannot be met by using DBE's from this geographic area, the City and contractors shall expand its search to a reasonably wider area. VII. PROCEDURES TO REOUIRE THAT DBE'S BE IDENTIFIED BY NAME BY COMPETITORS FOR CONTRACTS r In solicitations for DOT -assisted contracts that provide opportunities for DBE participation, the City shall indicate its goals for the use of firms owned and controlled by socially and economically disadvantaged individuals. A. All bidders/proposers will be required to submit a written assurance of meeting the goals in their bids of proposals by completing Attachment 1. B. Within a reasonable period of time after the opening of bids, and before the award of the contract, the City shall require all bidders wishing to remain in competition for the r contract to submit Schedule C which provides: t 1. The names and addresses of DBE subcontractors; 2. A description of the work each is to perform; and 3. The dollar value of each proposed DBE subcontract. C. The time allowed for submission of Schedule C will be set for individual contracts and may vary, depending on circumstances. -11- D. Agreements between a bidder/proposer and a DBE in which the DBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. VIII. SELECTION CRITERIA TO INSURE THAT PRIME CONTRACTS ARE AWARDED TO COMPETITORS THAT MEET DBE GOALS To insure that prime contracts are awarded to competitors who meet DBE goals, the selection criteria which is outlined in Attachment 2 will be followed. IX. COMPLIANCE OF SUBRECIPIENTS, CONTRACTORS AND SUBCONTRACTORS TO ^- THE DBE REQUIREMENTS The City of Lubbock does not have any subrecipients at this time. Should the situation change in the future, all subrecipients must comply with the DBE,requirements outlined in this program. X. MAINTENANCE OF RECORDS AND REPORTS A. In order to monitor the progress of its DBE program, the City shall maintain a recordkeeping system which will identify and assess DBE contract awards, prime contractors' progress in achieving DBE subcontract goals and other DBE Affirmative action efforts. B. Specifically, the City shall maintain records showing: 1. Procedures which have been adopted to comply with the requirements of this program. 2. Awards to DBEs. These awards shall be measured against projected DBE awards and/or DBE goals. To assist in this effort, the City shall obtain regular reports from prime contractors on their progress in meeting contractual DBE obligations. -12- 3. Specific efforts to identify and award contracts to 4 1 DBE 's. C. Records shall be available, upon request, to an authorized officer or employee of the government. rD. The City shall submit reports conforming in frequency and ` format to existing contract reporting requirements of the applicable Department element. Where no such contract f F. reporting requirements exist, DBE reports shall be submitted quarterly. These reports shall include as a minimum: (See Schedule D) 1. The number of contracts awarded to DBEs; 2. A description of the general categories of contracts awarded to DBEs; 3. The dollar value of contracts awarded to DBEs; a 4. The percentage of the dollar value of all contracts awarded during this period which were awarded to DBEs; (^' i and 5. An indication of whether the extent of which the w percentage met or exceeded the goal specified in the application.• E. The records and reports shall provide information relating to firms owned and controlled by the several disadvantaged groups separately from each other. If the records and reports include any SBA contractors that are not members of socially and economically disadvantaged groups, information concerning these contractors shall also be recorded and reported separately. r -13- XI. INFORMATION TO BE INCLUDED IN CONTRACT DOCUMENT 1. Po_ lice. It is the policy of the Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to compete for and participate in the performance of contracts financed in whole or in part with Federal funds under this agreement.. Consequently,,the DBE requirements of 49 CFR Part 23 will be included in all contract documents. 2. DBE Obligation. -The City of Lubbock or its contractor agrees to insure that disadvantaged business enterprises, as defined in 49 CFR Part 23, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. The,City and its contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. 3. The City shall advise each subrecipient, contractor, or subcontractor that failure to carry out the requirements set forth in this program shall constitute`a breach of contract and, after the notification of the Department, may result in termination of the agreement or contract by the City or such remedy as the City deems appropriate. -14- i 4. In addition, the followingitems will be provided to prospective bidders in the specification documents; (a) DBE goals; (Attachment 1) (b) DBE selection criteria; (Attachment 2) (c) Certification Schedules A and B;_ (d) DBE definitions; (Attachment 1) r' (e) Methods of counting DBE participation; and (Attachment 3) (f) Form for reporting names and addresses of DBE I subcontractors, work to be performed, and dollar value of each proposed DBE contract. (Schedule C) • XII. DBE REQUIREMENTS FOR TRANSIT VEHICLE MANUFACTURERS r Transit vehicle manufacturers who bid on UMTA-assisted transit vehicle procurement contracts shall have an UMTA approved DBE program. Bid invitation issued for UMTA-assisted transit vehicles shall include the provisions listed below: A. Policy. It is the policy of the Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. B. DBE Obligation. The contractor agrees to insure that disadvantaged business enterprises as defined in 49 CFR Part 23 have'the maximum opportunity to participate in the 7 performance of contracts and subcontracts. The contractor r ` -15- shall not discriminate on the basis of race, color, national — origin, or sex in the award and performance of DOT -assisted contracts. C. Contractor Obligation. Contractors and subcontractors failing to carryout the above requirements are to be advised that failure to meet provisions in Schedules A and B _ above, shall constitute a breach of contract. XIII. POLICY CONCERNING LEASES. The following action will be taken concerning leases; A. The City of Lubbock shall not exclude DBE's from participation in business opportunities by entering into long-term exclusive agreements with non-DBE's for the operation of major transportation related activities or major activities for the provision of goods and services to - the facility or to the public on the facility. XIV. DBE SET ASIDES The City of Lubbock will limit the use of set asides to include subcontractors as they, are utilized by the prime or general contractor. The City'of Lubbock is prohibited by the Texas Competitive Bidding Statute, Article 236a, Tex.Rev.Civ.Stat.Ann. (Vernon's Supp. 1980) to bid total contract amounts only to DBEs. Based on these rulings, the City of Lubbock cannot take the whole contract and allow only DBEs to bid on it, but the City can specify in the contract with the prime contractor that a certain percentage of the contract money will be spent by the prime contractor with DBE subcontractors. -19- No Text ATTACK Page 2 A "Disadvantaged Business" means a small business concern which is ,T owned and controlled by one or more socially and economically disadvantaged individuals. Owned and controlled means a business: (a) Which is at least 51 percent owned by one or more socially and economically disadvantaged individuals.or, in the case • of a publicly owned business, at least 51 percent of the stock which is owned by one or more socially and economically disadvantaged individualsf and (b) Whose management and daily business operations are controlled by one or more such individuals. In order to receive favorable consideration on this project, bidders are expected to provide assurances, in writing, that at least 10% of the contract amount will go to disadvantaged business enterprises. This can be done by completing the bottom portion of this attachment and supplying whatever other supplemental information necessary, In; any event, the lowest bidder, meeting the DBE requirements will receive the most favorable consideration. THE UNDERSIGNED BIDDER HEREBY ASSURES THAT HIS/HER FIRM IS IN r COMPLIANCE WITH THE CITY OF LUBBOCK'S DBEP AND HAS A GOAL OF 1O % OF THE DOLLAR VALUE OF THIS PROJECT FOR DISADVANTAGED INDIVIDUAL -OWNED BUSINESSES. f\(A lJ C/,i �l C E CC) . �5. 4- c�Z NAME OF COMPANY DATE LA A" A 6 Q- - SIGNATURE TITLE r -10- 7, I ATTACHMER ' 1 Pace 3 of 3 SUPPLEMENTAL INSTRUCTIONS TO BIDDERS A. Other Attachments 1. The selection criteria to insure that prime contractors are awarded to the bidder/proposer that meet DBE goals is outlined in Attachment 2. 2. The method for counting DBE participation toward meeting DBE goals is discussed in Attachment 3. 3. The eligibility standards for determining whether firms are owned and controlled by socially and economically disadvantaged individuals are outlined in Attachment 4. 4. The process for appealing denials of certification as a DBE is outlined in Attachment 5. B. In order to comply with the City of Lubbock's DBE requirements, it may be necessary to complete all of the following forms: 1. Schedule A - Certification of DBE Eligibility. This form must be completed and placed on file with the City for each DBE listed in Schedule C. If the prime contractor is a socially and economically disadvantaged individual, Schedule A must accompany the bid submission. For information related to Third Party Certification, see Attachment 2, page 2, part G.) 2. Schedule B - Joint Venture Eligibility. This form must be completed and placed on file with the City for all joint ventures between disadvantaged and non -disadvantaged firms on DOT -assisted projects. 3. Schedule C- Schedule of DBE Participation. You must indicate the DBE firms you propose to use, the type of work to be performed and the dollar value of the contract. C. Agreements between a bidder/proposer and a DBE in which the DBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. -19- ATTACNA= 1 Page 1 of 4- SELECTION CRITERIA TO INSURE THAT PRIME CONTRACTORS ARE AWARDED TO COMPETITORS THAT MEET DBE GOALS A. If any competitor offering a reasonable price meets the DBE contract goal, the City of Lubbock shall presume that all competitors that failed to meet the goal have failed to exert sufficient reasonable efforts and consequently are ineligible to be awarded the contract. B. To implement this presumption, the City shall determine whether the competitor offering the lowest price of firms meeting the DBE ,contract goal has offered a reasonable price for the contract: 1. If it is determined that this competitor has offered a reasonable price, the City shall award the contract to the firm; 2. If the City determines that this competitor's price is not reasonable, it shall consider the next price offered by the competitor with the highest percentage of DBE participation of those firms that failed to meet the goal. If the City determines that this price is reasonable, it shall award the — contract to this competitor; 3. if it is determined that this price is not reasonable, the City shall consider the other competitors that failed to meet the goal in order of their percentage of DBE participation until it selects one with a reasonable price; and 4. if it is determined that no competitor with DBE participation has offered a reasonable price, the City may award the contract to any competitor that demonstrates that it has made sufficient reasonable efforts to meet the DBE contract goal. C. To decide whether a price offered by a competitor is reasonable, the City of Lubbock shall use the same criteria that it would use to determine whether, if the competitor had made the only offer to perform the contract, the City would award the contract. -I)n_ F r E F ATTAMMgT 2 Page 2 of 4 D. To demonstrate sufficient reasonable efforts to meet the DBE contract goal, a contractor shall document the steps it has taken to obtain DBE participation, including, but not limited to, the following: 1. Attendance at a pre -bid conference, if any, scheduled by the City to inform DBE's of subcontracting opportunities under a given solicitation; 2. Advertisement in general circulation media, trade association publications, and disadvantaged -focus media for at least 20 days before bids or proposals are due. If 20 days are not available, publication for a shorter reasonable time is acceptable; 3. written notification to DBE's that their interest in the contract is solicited; i r 4. Efforts made to select portions of the work proposed to be performed by DBE's in order to increase the likelihood of achieving the stated goal; 5. Efforts to negotiate with DBE's for specific sub -bids f including at minimum: 7 (a) The names, addresses, and telephone numbers of DBE's that were contacted; (b) A description of the information provided to DBE's regarding the plans and specifications for portions of the work to be performed; and (c) A statement of why additional agreements with DBE's were not reached. 6. Concerning each DBE the competitor contacted but rejected as unqualified, the reasons for the competitor's conclusion; 7. Effort made to assist the DBE's contacted that needed assistance in obtaining bonding or insurance required by the competitor or City. E. Competitors that fail to meet DBE goals and fail to demonstrate sufficient reasonable efforts shall not be eligible to be awarded the contract. F. To insure that all obligations under contracts awarded to DBE's are met, the City shall review the contractor's DBE involvement efforts during the performance of the contract. The contractor shall bring to the attention of the City of Lubbock any situation in which regularly scheduled progress payments are not made to DBE subcontractors. -21- G. Under the following circumstances, a business seeking to participate as a DBE in the City of Lubbock's procurements and contracts need not submit the Disadvantaged Business Certification Affidavit(s). 1. If the potential DBE contractor has been determined by the Small Business Administration to be owned and controlled by a socially and economically disadvantaged individual under Section 8(a) of the Small Business Act, as amended. r 2. If the potential DBE contractor states in writing that it has submitted the same information to or has been certified by a DOT element, or another Federal agency that uses essentially the same definition and ownership and control criteria as the City. The potential DBE contractor shall obtain the information and certification (if any) from the other agency and submit it to the City or cause the other agency to submit it. The Citytof Lubbock may rely upon such a certification. However, the City reserves the right to make its own determination based on the information it has obtained from the other agency. 3. If the potential DBE contractor is certified by another organization or agency with which the City has a'formal joint certification agreement, it is understood that the City will only enter into such agreements with agencies that use essentially the same definition and ownership and control criteria as the City and DOT. -22- ATTACHMENT 2 Page 4 of 4 CHART 1 Selection Process For DBE Contracts, Did.any Bid Meet DBE Goal at Reasonable Price Yes Reasonably Priced Not Reasonably BUT Priced AWARD to Lowest Failed to Meet DBE Goal Responsive Bidder in This Group REJECT Bids DBE Participation Below Goal AWARD to that Bid which has Highest DBE Participation AND is Reasonably Priced Bidder Can. Prove Reasonable Efforts AND is Reasonably Priced AWARD to Lowest Responsive Bidder In This Group No DBE Participation No Bidder Can Prove Reasonable Efforts AND is Reasonably Priced REJECT Bids -23- ATTACHENT Page 1 of 2 COUNTING DBE PARTICIPATION TOWARD MEETING DBE GOALS DBE participation shall be counted toward meeting DBE goals as follows: A. Once a firm is determined to be an eligible DBE, the total ^ dollar value of the contract awarded to the DBE's is counted toward the applicable DBE goals. B. The total dollar value.of a contract to a DBE owned and controlled by both disadvantaged males and non -disadvantaged females is counted toward the goals for socially and economically disadvantaged individuals, respectively, in proportion to the percentage of ownership and control of each group in the business. Tide total dollar value of a contract with a DBE owned and controlled by disadvantaged women is counted toward either the disadvantaged goal or the goal for women, but not to both. The City or the contractor employing the firm may choose the 4oal to which the contract value is applied. C. The City or contractor may count toward its DBE goals a portion of the total dollar value of a contract with a joint venture eligible under the standards equal to the percentage of the ownership and controls of the DBE partner in the joint venture. D. The City or contractor may count toward its DBE goals only expenditures to DBE's that perform a commercially useful function in the work of a contract. A DBE is considered to perform a commercially useful function when it is responsible for execution of a distinct element of the work of a contract and carrying out its responsibilities by actually performing, managing, and supervising the work involved. To determine whether a DBE is performing a commercially useful function, the City or contractor shall evaluate the amount of work subcontracted, industry practices, and other relevant factors. E. Consistent with normal industry practices, a DBE may enter into subcontracts. If a DBE contractor subcontracts a significantly greater portion of the work of the contract than would be expected on the basis of normal industry practices, the DBE shall be presumed not to be performing a commercially useful function. The DBE may present evidence to rebut this presumption to the City. The City's decision on the rebuttal of this presumption is subject to review by the Department of Transportation. -24- AWACFMERr 3 Page 2 of 2 F. The City or contractor may count toward its DBE goals expenditures for materials and supplies obtained from DBE suppliers and manufacturers, provided that the DBE's assume the actual and contractual responsibility for the provision of the materials and supplies. (1) The City or contractor may count its entire expenditure to a.DBE manufacturer (i.e. a supplier that produces goods from raw materials or substantially alters them before resale). (2) The City may count 20 percent of its expenditures to DBE suppliers that are not manufacturers, provided that the DBE supplier performs a commercially useful function in thesupplyprocess. . r -25- AWACHIMENT Page 1 of 3 ELIGIBILITY STANDARDS A. The following standards shall be used by the City in determining whether a firm is owned and controlled by one or more socially and economically disadvantaged individuals and shall therefore be eligible.to be.certified as an DBE. -Businesses aggrieved by the determination may appeal in accordance with procedures set forth in Attachment 1. (1) Bona fide disadvantaged group membership shall be established on the basis of the individual's claim that he or she is a member of a disadvantaged group and is so regarded by that particular disadvantaged community. However, the City is not required to accept this claim if it determines the claim to be invalid. r (2) An eligible DBE under this part shall be an independent business. (a) The ownership and control by 'socially and economically disadvantaged individuals shall be real, substantial, and continuing and shall go beyond the pro forma ownership of the firm as reflected in its ownership documents. (b) The disadvantaged owners shall enjoy the customary incidents of ownership and shall share in the risks and profits commensurate with their ownership interests, as demonstrated by an examination of the substance rather than form of arrangements. (c) Recognition of the business as a separate entity for tax or corporate purposes is not necessarily sufficient for recognition as a DBE. (d) in determining whether a potential DBE is an independent -business, the City shall consider all relevant factors, including the date the business was established, the adequacy of its resources for the work of the contract, and the degree to which financial, equipment leasing, and other relationships with non minority firms vary from industry practice. (3) The disadvantaged owners shall also possess the power to -- direct or cause the direction of the management and policies of the firm and to make the day-to-day as well as major decisions on matters of management, policy, and operations.' The firm shall not be subject to any formal or informal restrictions which limit the customary discretion of the disadvantaged owners. There shall be no restrictions through, for example, bylaw provisions, partnership agreements, or charter requirements for cumulative voting -26- ATTACH MEM 4 Page 2 of 3 rights or otherwise that prevent the disadvantaged owners; without the cooperation or vote of any owner who is not disadvantaged, from making a business decision of the firm. (4) If the owners of the firm who are not disadvantaged are disproportionately responsible for the operation of the firm, then the firm is not controlled by disadvantaged persons and shall not be considered a DBE within the meaning of this program. Where the actual management of the firm is r contracted out to individuals other than the owner, those persons who have the ultimate power to hire and fire the managers can, for .the purposes of this part, be considered as controlling the business. ` (5) All securities which constitute ownership and/or control of r. a corporation for purposes of establishing it as a DBE under I' this part shall be held directly by disadvantaged individuals. No securities herd in trust, or by any, guardian for a minor, shall be considered as held by disadvantaged individuals in determining the ownership or control of a corporation. (6) The contributions of capital or expertise by the disadvantaged owners to acquire their interests in the firm shall be real and substantial. r t Examples of insufficient contributions include a promise to contribute capital, a note payable to the firm or its owners who are not socially and economically disadvantaged, orlthe mere participation as an employee, rather than as a manager. In addition to the above standards, the City shall give special r• consideration to the following circumstances in determining eligibility under this program: (1) Newly formed firms and firms whose ownership and/or control has changed since the date of the advertisement of the t contract are closely scrutinized to determine the reasons for the timing of the formation or change in the firm. (2) A previous and/or continuing employer -employee relationship between or among present owners is carefully reviewed to r, insure that the employee -owner has management responsibilities and capabilities discussed in this section. (3) Any relationship between a DBE and a business which is not a DBE which has an interest in the DBE is carefully reviewed to determine if the interest of the non -DBE conflicts with the ownership and control requirements of this program. r r E r -27- A'ITAME M Page 3 of 3 .C. A joint venture -is eligible under this part'if the DBE partner of the joint venture meets the standards for an eligible DBE set forth above and the DBE partner is responsible for a clearly defined portion of the work to be performed and shares in the ownership, control, management responsibilities, risks, and profits of the joint venture. D. 'A business wishing to be certified as a DBE or joint venture DBE by the SBA shall cooperate with the City by supplying additional information which may be requested in order to make a determination. E. Once certified,'a DBE shall update its submission annually by ^ submitting a new Attachment C, or certifying that the Attachment C on file is still accurate.. If at'any time there is a change in ,ownership or control of the firm, the DBE shall submit a new Attachment C. F. Except as provided in Attachment 1,'the denial of a certification by the Department of Transportation or City shall be final, for that contract and other contracts being let by the City at the time of the denial of certification. DBE's and joint ventures denied certification may correct deficiencies in their ownership and control and apply for certification only for future contracts. G. The City shall safeguard from disclosure to unauthorized persons information that reasonably may be regarded as confidential business information, consistent with Federal, State and local law. -28- 7 0 ATTACHMENT 5 Page 1 of 1 APPEALS OF DENIAL OF CERTIFICATION AS A DBE A. Filing Any firm which believes that it has been wrongly denied certification as a DBE or joint venture by the Department of Transportation or the City may file an appeal in writing, signed and dated with the Department of Transportation. The appeal shall be filed no later than 180 days after the date of denial of certification. The Secretary of Transportation may extend the time for filing or waive the time limit in the interest of justice, specifying in writing the reasons for so doing. Third parties who have reason to believe that another firm has been wrongly denied or granted certification as a DBE or joint venture may advise the Secretary. This information is not considered as appeal pursuant to this section. B. Decision to Investigate The Secretary insures that a prompt investigation is made pursuant to prescribed DOT Title VI investigation procedures. C. Status of Certification During the Investigation The Secretary may at his/her discretion, deny the DBE or joint venture in question eligibility to participate as a DBE in DOT -assisted contracts let during the pendency of the investigation, after providing the DBE or joint venture in question an opportunity to show cause by written statement to the Secretary why this should not occur. D. Cooperation in Investigation All parties shall cooperate fully with the investigation. Failure or refusal to furnish requested information or other failure to cooperate is a violation of this part. E. Determinations The Secretary makes one of the following determinations and informs the DBE or joint venture in writing of the reasons for the determination: (1) The DBE or joint venture is certified; or (2) The DBE or joint venture is not eligible to be r- certified and is denied eligibility to participate as a DBE in any direct or DOT -assisted contract until a new application for certification is approved by the City. l: -29- SCHEDULE A Page 1 of 5 CITY OF LUBBOCK DISADVANTAGED BUSINESS ENTERPRISE CERTIFICATION FORM 1. Name of Firm 2. Address 3. Phone Number 4. Legal Structure: Sole -Proprietorship Q Joint Venture - Partnership Corporation Other, Specify 5. Nature of Business 6. Numbers of Years in Business 7. Ownership: Identify those who own 5% or more. Columns a and f need to be filled out only if the firm is less than 100 percent disadvantaged. (a) (b) (c) (d) (e) (f ) Name Race Sex Years of Ownership Voting Ownership Percentage Percentaae -30- S=ULE A Page 2 of 5 with firms less than 100 percent disadvantaged -owned, list the contributions of money, equipment, real estate, or expertise of each of the owners: .. Name Money Equipment Real Estate Expertise F^ i r 8. CONTROL OF FIRM: Identify by name, race, sex, and title in the firm those individuals (including owners and non -owners) who are ! responsible for day-to-day management and policy decision -making, including, but not limited to, those prime responsibility for: r Name Race Sex Title r, Financial i Decisions ell Management Decisions, f such as estimating, marketing/sales, hiring/firing of management personnel, and purchases of r, major items/supplies. i ' Supervision of Field Operations 9. For each of those listed in question 8, provide a brief summary of the person's experience and number of years With the firm, indicating the person's qualifications for the responsibilities given him/her. 10. Describe or attach a copy of any stock options or other ownership options that are outstanding, and any agreements between owners or between owners and third parties which restrict ownership or control of disadvantaged owners. 7 -31- SCHEDULE A Page 3 of .`- 11. Identify any owner (see item 7)-or management,official (see item 8) of the named firm who is or has been an employee of another firm that had an ownership interest in or a present business relationship with the named firm. Present business relationships include shared space, equipment, financing, or employees as well as both firms having some of the same owners. 12. What are the gross receipts of the firm for each of the last two years? - Year ending $ Year ending $ r- 13. Name of bonding company, if any: Bonding Limit 14. Are you authorized to do business in the state as.well as locally? r Yes U No U Licenses Held: 15._Indicate if this firm or other firms with any of the same officers have previously received or been denied certification or - .participation as a DBE and describe the circumstances. Certifying Authority Date of Certification (or Denial) r SCHEDULE A Page 4 of 5 AFFIDAVIT CERTIFICATION OF ELIGIBILITY "The undersigned swears that the foregoing statements are true 7 and correct and include all material information necessary to identify and explain the operations of (Name of Firm) as well as the ownership thereof. Further, the undersigned agrees to provide through the prime contractor or, if no prime, directly to the grantee current, complete and accurate information regarding actual work performed on the project, the payment therefor and any prpposed changes, if any, of the foregoing arrangements and to permit the audit and examination of books, records and files of the named firm. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws concerning false statements." NOTE: If, after filing Schedule A and before the work of this firm is completed on the contract covered by this regulation, there is any significant change in the information submitted, you must inform the City of Lubbock of the change through the prime contractor, if no prime contractor, inform the City directly. Signature Name Title Date R i -33- SCHEDULE A. Page 5 of 5 Corporate Seal (where appropriate) r-- Date State of County of On this day of , 19 , before me appeared to me personally known, who being duly sworn, did execute the foregoing affidavit, and did state that he/she was properly authorized by (Name of Firm) to execute the affidavit and did so as his/her free act and deed. Notary Public r-- Commission Expires r r-- r. I -34- SCHEDULE B Page 1 of 6 E ' . CITY OF LUBBOCK DISADVANTAGED BUSINESS ENTERPRISE JOINT VENTURE ELIGIBILITY r (This form need not be filled in if all joint venture firms' owners, qualify as disadvantaged.) 1. Name of Joint Venture AT'rACt4fi�,> 2. Address 3. Phone Number 4. Identify the firms which comprise the joint venture. (The DBE partner must complete,Schedule A.) (a) Describe the role of the DBE firm in the joint venture. (b) Describe very briefly the experience and business qualifications of each non -DBE joint venture. 5. Nature of the joint venture's business 6. Provide a copy of the joint venture agreement. -35- L l i Page 2 o =; 7. What is the claimed percentage of DBE ownership? , r S. ownership of joint venture: (This need not be filled in if y described in the joint venture agreement, provided by question n 6.) . (a) Profit and loss sharing. {r (b) Capital contributions, including equipment. L - j (c) other applicable ownership interests. , 9. Control of and participation in this contract. Identify by name, race, sex, and "firm" those individyals (and their titles) who are responsible for day-to-day management and policy decisionmaking, including, but not limited to, those with prime responsibility for: _ (a) Financial decisions L, r (b) Management decisions, such as: (1) Estimating (2) Marketing and sales r i' a (3) Hiring/Firing of management personnel (4) Purchasing of major items/supplies �E (5) Supervision of field operations -IA- SCHEDULE B Page 3 of 6 Note: If, after filing this Schedule B and before the completion of the joint venture's work on the contract covered by this regulation, 'there's any significant change in the information submitted, the ffoi'nt'venture must inform the City, either directly or through the j Y, Y g prime contractor if the joint venture is a subcontractor. F 4 s ;t ro 0 4 . I f . 7 - L r" i AFFIDAVIT JOINT VENTURE "The undersigned swears that the foregoing statements are correct,:,;l and include all material information necessary to identify and explain -I .' the terms and operation of our joint venture and the intended TIT. AW participation by each joint venturer in the undertaking. Further,, the ri undersigned covenant and agree to provide to the City current, ��r complete and accurate information regarding actual joint venture work and the payment therefor and any proposed changes in any of the joint venture arrangements and to permit the audit and examination of the books, records and files of the joint venture, or those of each joirit venturer relevant to the joint venture, by authorized representatives yl of the City or the Federal funding agency. Any material misre- presentation will be grounds for terminating any contract which may be`';.) awarded and for initiating action under Federal or State laws concerning false statements." Ayr-,etcmt-3 ft-4jM co Name of Firm Name of Firm Signature Signature ILA iv-.E Name Name LA611Z Title Title Date Date SCHEDULE B Page 5 of E before me d�7 , to me personally known, ute the foregoing .affidavit,..and did state that he/she was properly authorized by PiYi i t (Firm) to execute the affidavit and did so as hts/her free act and deed. 5.0;dDRA F. WILLIAMS NOTARY PUBLIC h State of Texas Comm. Exp. 04-25-95 (Seal) ems, otary Public Commission Expires 1 ' ySCHEDULE a Page 6 o yi Date y . State . of County of ==.Y on this day of , 19 , before fie l appeared , to me personally known,`. Who,, being duly sworn, did execute the foregoing affidavit, and did r .f state that he/she was properly authorized by r. to execute the affidavit and did so"as his/her free act and deed. r Notary Public i Commission Expires l (Seal) 1 1 . r l i P 9 4 -40- --I --1 -1 -7 --I --I _._._I --1 -----1 --1 -- 1 `-i --I -? -7 ` 1 ---1 ` -1 Date Department Schedule D Contracts Awarded During Period Prepared By DBE PARTICIPATION QUARTERLY REPORT General Description of Contract Ext. Total Dollar Value of Contract Dollar Amount Awarded to DBE Does this Exceed Contract Goals Name of Prime Contractor NAME OF DISADVANTAGED CONTRACTOR Total Contract Amount $ TYPE OF WORK (ELECTRICAL, PAVING ETC.) AND CONTRACT ITEMS OR PARTS THEREOF TO BE PERFORMED The undersigned will enter into a formal agreement with Disadvantaged Contractors for work listed in this schedule upon execution of contract with the City of Lubbock. NOTE: 1. Any business.listed'above must have Schedule A on file with the City. 2. Schedule C is due no later than working days after bid opening. Title Date of Report Department Project No. Location ADDRESS PROJECTED COMMENCE- AGREED MENT & COMPLETION PRICE DATE FOR WORK BUY AMERICAN - STEEL AND MANUFACTURED PRODUCTS FOR CONSTRUCTION CONTRACTS (.TAN 1991) (a) The Contractor agrees that only domestic steel and manufactured products Will be used by the Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, 'as defined in (b) below. (b) The following terms apply to this clause: 1. Steel and manufactured Products. As used in this clause, steel and manufactured products include (1) those produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components ...mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated.directly into steel and manufactured products. 3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. (End of Clause) TO BE INCLUDED IN CONTRACTS k i, No Text 7 r List of Supplies/Materials that the U.S. Deter -mined Are Not Produced In the United and Reasonably Available Quantities And o (Jan 1991) Acetylene, black. Agar, bulk. Anise. Antimony, as metal or oxide. Asbestos, amosite, chrys- olite, and crocidolite. Bananas. Bauxite. Beef, corned, canned. Beef extract. Bephenium Hydroxynapthoate. Bismuth. Books, trade, text, technical, or scientific; newspapers; pamphlets; magazines; periodicals; printed briefs and films; not printed in the United States and for which dcmestics editions are not available. Brazil nuts, unroasted. Cadmium, ores and flue dust. Calcium cyanamide. Capers. Cashew nuts. Castor beans and castor oil. Chalk, English. Chestnuts. Chicle. Chrome ore or chromite. Cinchona bark. Cobalt, in cathodes, rondelles, or other primary ore and metal forms. Cocoa beans. Coconut and coconut meat, unsweetened, in shredded, desiccated or similarly prepared form. Coffee, raw or green bean. Colchicine alkaloid, raw. Ccpra. Cork, wood or bark and waste. Cover glass, microscope slide. Cryolite, natural. Dammar gum. APPENDIX D Government Has States In Sufficient f Sufficient Quality Diamonds, industrial, stones and `abrasives. Emetine, bulk. Ergot, crude. Erthrityl tetranitrate. Fair linen, altar. Fibers of the following types: abaca, abate, agave, coir, flax, jute, jute burlaps, palmyra and sisal. Goat and kidskins. Graphite, natural, crystal- line, crucible grade. Handsewinq needles. Hemp yarn. Hcg bristles for brushes. Hyoscine, bulk. Ipecac, root. Iodine, crude. Kaurigum. Lac. Leather, sheepskin, hair type. Lavender oil.. Manganese. Menthol, natural bulk. Mica. Microprocessor chips (brought onto a construction site as separate units for incor- poration into building systems dur.inq construction or repair and alteration of real property.) Nickel, primary, in ingots, pigs, shots, cathodes, or similar forms; nickel oxide and nickel salts. Nitroguanidine (also known as picrite). Nux vomica, crude. oiticica oil. olive oil. APPENDIX D List of Supplies/Materials that the U.S. Government Has Determined Are Not Produced In the. United States In Sufficient and Reasonably Available`Quantities And of Sufficient Quality (Jan 1991) (CONTINUED) Olives (green), pitted or Tungsten. unpitted, or stuffed, in Vanilla beans. bulk. Venom, cobra. Opium, crude. Wax, canauba. Oranges, mandarin, canned. Woods; logs, veneer, and Petroleum, crude oil, un- dumber of the following finished oils, and finished species: Alaskan yellow products .(see definitions cedar, angelique, balsa, below) ekki, greenhart, lignum Pine needle oil. vitae, mahogany, and teak. Platinum and related group Yarn, 50 Denier rayon. metals, refined, as sponge, powder, ingots, or cast bars. ' Pyrethrum flowers. Quartz crystals. — Quebracho. Quinidine. Quinine. Rabbit fur felt. Radium salts, source and special nuclear materials. Rosettes. Rubber, crude and latex. Rutile. Santonin, crude. Secretin. Shellac: Silk, raw and unmanufactured. Spare and replacement parts _ for equipment of foreign manufacture, and for which domestic parts are not available. Spices and herbs, in bulk. Sugars, raw. -- Swords and scabbards. Talc, block, steatite. Tantalum. Tapioca flour and cassava. Tartar, crude; tartaric acid and cream of tartar in bulk. Tea in bulk. Thread, metallic (gold). Thyme oil. Tin in bars, blocks, and pigs. Triprolidine hydrochloride. 2 r APPENDIX 0 List of Supplies/Materials that the U.S. Government Has Determined Are Not Produced In the United States In Sufficient and Reasonably Available Quantities And of Sufficient Quality (Jan 1991) (CCNTINUED) rPetroleum terms are used as follows: "Crude oil" means crude petroleum, as it is produced at the wellhead, and liquids (under atmospheric conditions) that have been recovered from mixtures of hydrocarbons that existed in a vaporous phase in a reservoir and that are not r" natural gas products. "Finished products" means any one or more of the following petroleum oils, or a mixture or combination of these oils, to be used without further processing except blending by mechanical means: (A) "Asphalt" - a solid or semi -solid cementitious material that (1) gradually liquefies when heated, (2) has bitumins as its predominating constituents, and (3) is obtained in refining crude oil. (B) "Fuel oil" - a liquid or liquefiable petroleum product burned for lighting or for the generation of heat or power and derived directly or indirectly from crude oil, such as kerosene, range oil, distillate fuel oils, gas oil, diesel fuel, topped crude oil, or residues. (C) "Gasoline" - a refined petroleum distillate that, by its consumption, is suitable for use as a carbura�t t in internal combustion engines. �^ (D) "Jet fuel" - a refined petroleum distillate used 1 to fuel jet propulsion engines. (E) "Liquefied gases" - hydrocarbon gases recovered from natural gas or produced from petroleum refining and kept under pressure to maintain a liquid state at ambient temperatures. r "Lubricating 1 (F) oil" - a refined petroleum distillate or specially treated petroleum residue used to lessen friction between surfaces. (G) "Naphtha" - a refined petroleum distillate falling within a distillation range overlapping the higher gasoline and the lower kerosenes. r 3 APPENDIX D List of Supplies/Materials that the U.S. Government Has Determined Are Not Produced In the United States In Sufficient and Reasonably Available Quantities And of Sufficient Quality (Jan 1991) (CONTINUED) (H) "Natural gas products" - liquids (under atmospheric conditions) including natural gasoline, that - (1) are recovered by a process of absorption adsorption, compression, refrigeration, cycling, or a combination of these processes, from mixtures of hydrocarbons that existed in a vaporous phase in a reservoir, and (2) when recovered and without processing in a refinery, definitions of products contained in subdivision (B), (C), and (G) above. (I) "Residual fuel -oil" - a topped crude oil or viscous residuum that, as obtained in refining or after blending with other fuel oil, meets or is the equivalent of MILSPEC Mil-F-859 for Navy Special Fuel Oil and any more viscous fuel oil, such as No. 5 or Bunker C. "Unfinished oils" means one or more of the petroleum oils listed under "Finished products" above, or a mixture or combination of these oils, that are to be further processed other than by blending by mechanical means. 4 BID PROPOSAL -10- (THIS PAGE LEFT BLANK INTENTIONALLY) BID PROPOSAL, 510 fOR LUMP NUl CONTRACTS 41 '�` PulcE Lubbock. Tx PATE 03/94/92 s+ PROJECT o 1 3 541101 9568 a r.=' 'Proposal of,_Qmoarir.an FPnrP Cn' Tnr _ of ,Tt-xas (hereinafter called'idder) To the Now, rable Mayor and City Councll City of Lubbock, Texas (hereinafter celled Owner) F. Cent I own f The Sidderf in Caapliance wi ,i;` th your invitation for bids for the construction of a S8G41•x'-,-*��'- ! Fencing Improvements having carefully examined the plans, specifications, instructions to bidders, notice to bidders and ott,other re- Iated contract documents and the site of the proposed work, and being familiar with all of the conditions surround - ins the construction of the proposed project including the availability of materials and tabor, hereby proposes. to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifice- :tions and contract documents, within the time set forth therein and at the price stated below. The price to cover 'all expenses incurred in performing the work required under the contract documents, of which this proposal is tQ be 4 part, is as follows: Item Quantity No. 9 Unit Description of Item and Unit rices Total Amount 1: ``440250 l.,F.. Removal and Salvage of Existing Barbed Wire Fencing. FiTER1ALS: hero. ; (f 0 ) SERVICES: i ne [housand bix Hundred Seventy Uollars (s ,670) TOTAL st= Nine Thousand Six Hundred Seventy Dollars (: 9,670.00 ) R. 1,180 L.F. Removal and Salvage of Existing Chain -Link Fencing. MATERIALS: Zero (S 0 ) sERvlcEs:One Thousand One Hundred Twenty Two Dollars (s 16199 ) ("TOTAL •-One Thousand One Hundred Twenty Two Dol 1 ars (: 1,122.00 ) - 15 Ea. Removal and Salvage of Existing Cates. MATERIALS: Zern (S ) SERVICCS: Me Rundred Thirty Five Dollars (: ) TOTAL Five Hundred Thirty Five Dollars (= 535.00 ) Y• .1t- r: 1 s � 4. 44,B70 L.F. Chain -Link Fencing. s; MATERIALS:.Jwo Hundred Thirty Three Thousand Five -Seventy Eight is 233, 578 SERVICES Thirty Seven Thousand One Hundred Seventeen (s 37,117 i TOTAL TO Two Hundred Seventy Thousand Six Hundred Ninety Five �s270,695.00 u . 12-Foot Single Cantilever Cate. MATERIALS! Fnur Thmmand Fnur Hundred Thirty Two t SERVICES,_ NP Thmmand Si xtppn t TOTAL ", -Five Thousand Four .Hundred Forty Eight 5,448.00 ; . '= f .•Irk 1 6. 4 Ea. 32-Foot Double Conti lever Gate. , xa: MATERIALS: Four Thousand Eight Hundred Eighty Four (s 4,884 SERV10ESt Five Hundred Ninety Two (S 592 " .14 TOTAL Five Thousand Four Hundred Seventy Six 5,476.00 ' T. 4 Ea.' Crash Gate. MATERIALSt Onp Thousand Frnjr Hundred Twpnty Fnur (S 1,4?4- SERYICESs_ FiyP Hundred Tjylp tV (S 59n TOTAL 07: One Thousand Nine Hundred Forty Four is 1,944.00 t � B. 3 Ea. 4-Foot Personnel Gate. MATERIALS:_ Five Hundred Forty Six SERVICES.- Three Hundred Sixty (s 360 TOTAL Nine Hundred Six 14 906.00 rI 9. 203 S.F. Aluminum Signs. 'r1'-r�► i; • ry ' MATERIALS: One Thousand Sixty Five cs 1,065 "f SERVICES:_ Four Hundred Fifty (s 450 TOTAL One Thousand Five Hundred Fifteen 1,515.00 .• (s .4rf't BASE BID - FAA PARTICIPATING - BID ITEMS 1 - 9 INCLUSIVE MATERIALS: Twn Hundreei Eorty FiVe 1housand Nine twenty Nine 0245,999 SERVICES, Fi ft�y._nne lhousand Three Hundred Eighty —Two (s 5.1 389 SUBTOTAL.- ( i BASE BID - FAA NON -PARTICIPATING 10. - 16 L.S. Cost for insurance Policy, as specified in Paragraph GC-288 of the General Conditions0'"1�` : .sr-r TOTAL - SERVICE: Four Hundred Dollars is 400.00 -12. F "3'Ty4_6�i �'`• ' itASE Rj0 • IAA NON -PARTICIPATING TOTAL BASE BiD ITEMS 1 - 10 INCLUSIVE NATERIAi.�iTLur}° �uadred Forty ; FiveThou-,and Nine Hundred Twenty Nine _C$245.929.00 ) `;{�ERYICE>t G'afty One Thousand Seven Nip red EJ qht) Two _(s 51.782.00 ) g41 f' TOTAL sc biq, Two Hundred:Ninety Seven Thousand Seven Hundred Eleven !(s297,711.00 ) ,F Mgtnt ihal� pa shown in both words and figures. In ease of discrepancy, the amount shoum in wards shall govern.) r' o aj �iddec hereby agree: to commence the work on the above project on or before a data to be specified in e rftten rliotice ;p ProceecPs of the Owner and to fully complete the project within 120 MIE KINDRED TWENTY) �'':fonsScutivo calendar days thereafter as stipulated in the specifications and other contract documents.'- Bidder P✓ bTrTby I_rther sprees to poy,to Qwr�er 4s liquidated,damwges the sum of s1000.00 (One Thousand dollars) for each ^ 44nsecutjve pp4endor day jn•excess of the time set forth hereinabove for completion of this project, all as more 1_;,'�-*-`AvtIy set forth In the general conditions of the contract documents. ifIIYY , }Bidder understands and agrees that this bid proposal shalt be completed and submitted in accordance with In- P014number 20 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding, The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. :':>•,._ ". The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified In the written notice to proceed, and to substantially complete the Mork on which he has bid; as provided in the contract documents. ,Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ ) or a proposal Bond in the sum of Five Percent , Dot tars sx -. `which it is agreed shall be cQtiected and retained by the Owner as liquidated damages in the event the proposal is accepted by the owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the dale of receipt of written notification of acceptance of said proposal; otherwise, said check pr bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all eon - tract documents made available to him for his inspection in accordance with the Notice, to Bidders. pmprican FPncP Co_, Inc_ of TPxas Contractor j � BY; Mike Wilson -Manager (teal if Bidder is a Corporation) ATTEST. r RELIANCE INSURANCE COM1R.&I.7 HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA BID BOND Bond No. APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A. DOCUMENT NO. A-310 (FEB. 1970 ED.) KNOW ALL MEN BY THESE PRESENTS, that we American Fence Co. Inc. of Texas, P.O. Box 6409 ATS, Midland, TX 79711-0489 as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Lubbock, 1625 13th Street, Lubbock„ Texas as Obligee, hereinafter called the Obligee, in the sum of Five Percent (50%) of Bid Amount --- ---------------------------------------------- Dollars ($ ---------------------- for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves -our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Lubbock International Airport, Security Fencing Improvements; #11834. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or ►- bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fur- nished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. r Signed and sealed this 4th day of March A.D. 19 92. r Americ F a Co. nc. o Texas n i Pr pa (Seal) (Witness) (Title) 7 �. RELIANCE INSURANCE COMPANY Debra K. Yefko t rney-in-Fact r BDR-2305 Ed.10-73 F F RELIANCE I SL7RANCE TT COMP -ANY HEAD OFFICE. PHILADELPHIA. PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY'THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania. does hereby make, constitute and appoint DEBRA K. YEFKO Of PHOENIX, ARIZONA---------- Its true and lawful Attorney -in -Fact, to make, execute, seat and deliver for and on its behalf, and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ---------- and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as If such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms an that Its said Attomey(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article MI of the By-laws of RELIANCE INSURANCE COMPANY which became effective September 7.1978. which provisions are now in full force and effect reading as follows: ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President the Chairman of the Board, any Senior Vice President any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys -in -Fact and to authorize them to execute on behalf of the Company, bonds and undertakings. recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney -in -Fact at any time and revoke the power and authority given to him. 2. Attorneys -In -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to Chem, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contractsi of indemnity and other writings obligatory in the nature thereof. I Attorneys -in -Fact "it have power and authority to execute affidavits required to be attached to bonds. recognizances, contracts of indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify Cie financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the Sth day of June. 1979, at which a quorum was present and said Resolution has not been amended or repealed 'Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and Certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which It is attached.' IN WITNESS WHEREOF the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seat to be hereto affixed, this 2 2 nd day of August 19 91 RELIANCE INSURANCE COMPANY �r vice President sTATEoF Washington COUNTY OF King On 22nd day of August ,1991,personally appeared Lawrence W. Carlstrom to me known to be the Vice -President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Article VII. Secti 1. , d 3 of the Ey-laws of said Company and the Resolu- tion, set forth therein, are still in full force. Ems` MY Commission Expires: aj May 15 .19 94 Notary Public in and for State �Jwashin6n Residing at Tacoma I. Marjorie S. Hansen !Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY, which is still in tun force and effect IN WITNESS WHEREOF, I have hereunto set my (hand and affixed the seal of said Company this 4th %dy March 19 92. Assistant Secretary eoR tat FAe,79 a ie S S. Hansen i REQUIRED LANGUAGE IN PROPOSALS FOR AIR CONTRACTS Previous Contracts. Section 60-1.7(b) of the Regulations of the Secretary of Labor requires each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and if so, whether it has filed with the Joint Reporting Committee, the Director, an agency, or the former President's Committee on Equal Employment Opportunity all reports due under the applicable filing requirements. In any case in which a bidder or prospective prime contractor or proposed subcontractor which which participated in a previous contract r" subject to Executive Order 10925, 11114. or 11246 has not filed a 1 report due under the applicable filing documents, no contract or subcontract shall be awarded unless such contractor submits a report covering the delinquent period or such other period specified by the FAA or the Director, OFCCP. Bid or Proposal Form. To effectuate the foregoing requirements, the sponsor is required to include in the bid or proposal form a ....statement substantially as follows: The bidder (proposer) shall complete the following statement by checking the appropriate space. The bidder (proposer) has has not participated in h q previous contract subject to the equl opportunity clause prescribed by Executive Order 10925, or Executive Order 11114, or Executive Order 11246. r The bidder (proposer) has has not submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subcontractors will be obtained prior to award of subcontracts. If the bidder (proposer) has participated in a previous contract subject to the equal opportunity clause and has not submitted compliance reports due under applicble filing requirements, the Bidder (Proposer) shall submit a compliance report on Standard Form 100, "Employee Information Report EEO - I" prior to the award of contract. Standard Form 100 is normally furnished contractors annually, based on a mailing list currently maintained by the Joint Reporting Committee. In the event a contractor has not received the form, he may obtain it by writing to the the Joint Reporting Committee, 1800 G Street, Washington, DC 20506. No Text BUY AMERICAN CERTIFICATE (JAN 1991) By submitting a bid/proposal under this solicitation, except items for those listed by the offeror below or on a separate and clearly identified attachment to this bid/proposal, the afferor certifies that steel and each manufactured product,' is In the United States (as defined in the clause Buy _,produced --'American w Steel and Manufactured Products or Buy American - *..Steel and Manufactured Products For Construction Contracts) and that components of unknown origin are considered to have been :Produced or manufactured outside the United States. Offerors may obtain from (insert Sponsor Representative) lists f articles, materials, and supplies excepted from this "provision PRODUCT COUNTRY OF ORIGIN Au- wt N-il-OZi TO BE INCLUDED IN SOLICITATIONS 11 1 6 F PAYMENT BOND -15- (THIS PAGE LEFT BLANK INTENTIONALLY) STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 Bond #B1685357 r OF THE REVISED CIVIL STATUTE8 Of TEXAS P*� � AS AMENDED BY ACTS OF THE SUN LEGISLATURE, REGULAR SESSION. F American Fence Co. Inc. KNOB ALL MEN 8Y THESE PRESENTS, that of Texas ----------------(hereinafter called the Principat(s), as 4 sd 'Pei Ac{pat(s), and Reliance Insurance Company P::O. Box 19040, Phoenix. AZ 85005 4 j ,IWU (hereinafter called the Surety(s), as Cs rK elLdYaad ti� UnTo the city of Lubbock (hereinafter Called the Obligate). In the amount ofo. IVlne[. �7eY2f1 3bollars (5297,711.00) lawful anr+ay of Y! the United States for the payment whereof, the said Prittiipal and lurtty bird themselves, and their pairs, adminia- �,., Arators, executors, successors and assigns, jointly and severally, ftmty by these presents. ��d�W t{;, YHERIAS, the principal has entered into a certain written Contract with the obligee, elated the doy of to r" Lubbock International Airport, Security Fencing Improvements; #11834. L f; amd said Principal under the lax is required lsafore cmn+anctnp the work provided for In said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the sa+�t extent as it copied at length herein. �. NOW, THEREFORE, THE CONDITION OF THiS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and materiat to him or a subcontractor in the prosecution of the work provided for in said can- ', tract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, NOWIVtR, that this box -id is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Reguter session, 1959, and all liabilities on this bond shalt be determined in accordance with the provisions of said Art{cte to the same extent as if it wore Copied at length herein. BOND CHECK r BEST RATING__ LICEN SEP IN TEl DATE BY i� Principal / ,111►1�It ,�, 8ys e, c �+e �c o. Inc. of Texas (Title) * Yt, Thomas C. Kossick Attorney-in-Fact ' t'� •,(Tit e) (Title) Wi111t s6:g rd'O ur ty caVany represents that it it a 1duly qualified to do business In Texas, and hereby des- ionates an agent resident In 1i&" c �otiott1oPo whom any requisite notices may be delivered and on dams i E o pr el y be had in matters artaing out of such suretyship. RELIANCE INSURANCE COMPANY — TEXAS RESIDENT AGENT: Surat WILLIS CORROON CORPORATION OF TEXAS (Dallas Division) 5420 LBJ Freeway, Suite 1400 Wily; Dallas, Texas 75240-2652 V (Title) Lind 'Nale, Attorney-in- Approvod as to form: Fact — city 1c City Attorney vaote: 1f signed by an officer of the Surety CoaWny there must be on file a certified eztraet from the by -tarts showing that this person has authority to sign such obligation. If signed by an Attorney in fact, we, a+ust have copy of power of attorney for our files. -17- RELIANCE INSURANCE COMPANY '� ► HEAD OFFICE, PHILADELPHIA. PENNSYLVANIA r POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That the RELIANCE INSURANCE COMPANY, a corporation duty organized under the laws of the State of Pennsylvania, does hereby make. constitute and appoint THOMAS C. KOSSICK of PHOENIX, ARIZONA--------- k its true and lawful Attorney -in -Fact to make. execute, seat and deliver for and on its behalf, and as its act and deed i ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ---------- and to bled the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as it such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers. and hereby ratifies and confirms all that its said Attomey(s)-in-Fact may do in pursuance hereof. This Power of Attorney Is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which became effective September 7, 1978, which provisions are now In full force and effect reading as follows: ` ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS r 1. The Board of Directors. the President, the Chairman of the Board, any Senior Vice President any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys -in -Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory In the nature thereof, and (b) to remove any such Attorney -In -Fact at any time and revoke the power and authority given to him 2 Attorneys -in -Fact sha0 have power and authority, subject to the terms and limitations of the power of attorney Issued 10 tlhenr, to execute and deliver on behalf of the Company. bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ' The corporate seal is not necessary for the validity of any bonds and undertakings. recognizencim contracts of Indemnity and other writings obligatory in the nature thereof. 3 Attorneys -in -Fact shall have power and authority to execute affidavits required to be attached fo bonds, recognizances, contracts of indem- ntty or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and 10 copies of the By -Laws of the Company or any article or section thereof. r This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the Sth day of June. 1979. at which a quorum was present and said Resolution has not been amended or repealed: "Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power , of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seat shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shalt be valid and binding upon the Company in the future with respect. to any bond or undertaking to which It is attached." IN WITNESS WHEREOF. RELIANCE INSURANCE COMPANY has caused these presents to be signed by Its Vice President and its corporate seal m be hereto affixed, this rd day of September 19 91 RELIANCE INSURANCE COMPANY President sTATEoF Washington 1 COUNTY OF King r- Ong 23rd clay of September, 1991 personally appeared Lawrence W. Carlstrom to me known to be the Vice -President of the RELIANCE INSURANCE COMPANY, and acknowlMged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Article VIL Sect) , 2, a of the Sy -Laws of said Company and the Resolu- Von, am forth therein, are still in full force. My Commission Expires:rust Q+C.( May 15 , 19 94 '� ;'8��", ' Notary Public in and for State of Vashing,91 Residing at Tacoma i L Robert D. Ritzhaupt . Assistant Secretary, of the RELIANCE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY, which is still In felt force and r effect. ) IN WITNESS WHEREOF, I have hereunto set my hand and affixedthis eeal of said Company this 9th dsiy of March 1992.. r` �+"`"4•� Assistant °0�'0t tee"° �,; 6 Robert D . Rit au b RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA i POWER OF ATTORNEY KNOW ALL MEN BYTHESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized underthe laws of the State of Pennsylvania, does hereby make, constitute and appoint Jerry D. Rose, Linda O' Nale and John R. Stockton, individually; of Dallas, Texas Its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, and as Its act and deed any and all bonds and undertakings of Suretyship, 4 and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INURANCE COMPANY and seated and attested by one other of such officers, and hereby ratifies and confirms all that Its said Attorneys) -In -Fact may do in pursurance hereof. The Powerof Attorney is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which became iii effective September 7,1978, which provisions are now in full force and effect, reading as follows: ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice ` President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attomeys-in-Fact and to authorize them to execute on behalf of the Company, bonds and unc;ertakings, recognizances, contracts of indemnity and other writings obligatory in the r nature thereof, and (b) to remove any such Attorney -in -Fact at any time and revoke the power and authority given to him. i t 2. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary forthe validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 4 3. Attorneys -in -Fact shall have power and authority to execute of fidavits required to be attached to bonds, recognizances, contracts of Indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the �^ Company and to copies of the By -Laws of the Company or any article or section thereof. The power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June,1979, at which a quorum was present, and said Resolution has not been amended or repealed: i "Resolved, that the signature of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such fascimile signatures or facsimile seal shall be valid and binding upon the,Company and any such power so - executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents t be signed b Its V resident, and its corporate seal to be hereto affixed, this 2nd day of August 1988 . . �tNSll RA' y�.` e �o RELIAN INSU E M Y t ; � sy � STATE OF I COUNTYOF Pennsylvania ss. ,r` A��:t t Vice Pre ldent Philadelphia •.F�,., �� On this 2nd day of August , 19 S8, personally appeared Raymond MacNeil tome known to be the Vice -President of the RELIANCE INSURANCE COMPANY, and ack wledged that he, ecute and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Article VII, Se o 2, and 3 of the B - f said corn yy and the Resolution, set forth therein, are still in full force. r ' My Commission Expires: September 28 91 ° ,19 Notary Public In and for State of Permsillvania Residing at Philadelphia u 1, P. D. Crossetta , Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney by RELIANCE INSURANCE COMPANY, which is still in full force and effect. /.a5"xnrr�\ iN WITNESS WHEREOF, I have hereunto set my hand a EDR-1431 Ed, 6179 said Company this 9ti1 day of Narch 19 92 Assistant Secretary _�_, ft PERFORMANCE BOND -18- (THIS PAGE LEFT BLANK INTENTIONALLY) STATUTORY PERFORKANCE 300 PURSUANT TO ARTICLE 3160 Bond #B1685357 r OF THE REVISED CIVIL STATUTES OF TEXAS AS MENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959 .. American Fence Co. Inc. KNOW ALL KEN IT T14E39 PRESENTS, that Of Tex6s0ereirmfter called the Prtnctpal(s), as Principal(%), srd Reliance Insurance Company, P.O. Box 19040, Phoenix, AZ 85005 7. I (hereinafter called the Surety(%), as re Cc) a ben firm bound tht Ctty of Lubbock (hereinafter *ailed the Oblrsee). in the krount of �'wo rdl NMAY "'—'� Dejllars (07,711.00) lawful mnay of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, od ministra- tore executors successors and assigns jointly and severall firmly presents. . r Y. Y by theta A r A WHEREAS, the Principal has entered Into a certain written contract with the Obliget, dated the _ day of 19 , to Lubbock ,International Airport, Security FencinQ Improvements: #11834. and said principal under the taw is required before canaeneing the work provided for in said contract to execute a bord'in the o1m4unt of sold contract which contract is hereby referred to and made a part hereof as fully and to the aame extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully per- form the work in accordance with the pLans, specifications and contract docuToants, theta this obligation shall be void; otherwise to remain in full fore* and effect. PROVIDED, HOVEVER, that this bond is executed pursuant to the provisions of Article S160 of the Revised Civil Statutes of Texas as amended by Acts of the Stith Legislature. regular sesslon 1959, and all liabilities on this bond shalt be determined in accordance with the provisions of said article to the same. extent as if it wort copied at length herein. IN WITNESS WHEREOF, the said Principal (a) and Surety (s) have stoned and sealed this instrument this 9th day of March , 19 92. ,Ojjl1l+ I 0 \'t ).P! r Reliance Insurance Company Americar Surety eay: (Title) BOND CHECK BEST RATING _.--- — LICENSE TEXAS DATE BY .19- (Title) Ir " Thewunf-#Aal:oTp0ret �raDry represrnts that itbaitl gl�r gwlified to do business in Taxas, a� heralry designates �$ 4!PX2'S an agent rlsident in LXUa coer3ty to whom any requisite notices may be delivered and on whom service of process may be had In matters arising out of such suretyship. •' TEXAS RESIDENT AGENT: RELIANCE INSURANCE COMPANY WILLIS CORROON CORPORATION OF TEXAS (Dallas Division) Surety n 5420 LBJ Freeway, Suite 1400 Dallas, Texas 75240-2652 ` (Title) Li O'Nale Approved as to form Attorney-ni-Fact 1. It of lubboor By• city Attorney •ltoteg If signed by an officer of the Surety cmpany, there mutt be on file a certified extract from the by-laws k showing that this person has authority to sign such obligation. If signed by an Attornoy in fact, we must have copy k of power of attorney for our files. t . r 1- -20. RELIANCE INSURANCE COMPANY r' '+ ' HEAD OFFICE, PHILADEL.PHIA. PENNSYLVANIA POWER OF ATTORNEY rKNOW ALL MEN BY THESE PRESENTS. That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of 1 Pennsylvania. does hereby make, constitute and appoint THOMAS C. KOSSICK of PHOENIX, ARIZONA--------- &I its true and lawful Attorney -in -Fact to make. execute, seal and deliver for and on its behalf, and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ---------- and to bind the RELIANCE INSURANCE COMPANY thereby as fulty and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and seated and attested by one other of such officers, and hereby ratifies and confirms all that its said Attomey(s)-in-Fact may do in pursuance hereof This Power of Attorney Is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which became effective September 7,197& which provisions are now In full force and effect reading as follows ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors. the President the Chairman of the Board. any Senior Vice President any Vice President or Assistant Vice President 7 or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys -in -Fact and to authorize them to execute i on behalf of the Company, bonds and undertakings, recognizanctm contracts of indemnity and other writings obligatory In the nature thereof, and (b) to remove any such Attorney -in -Fact at any time and revoke the power and authority given to him. r 2. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to thmm to execute and deliver on behalf of the Company. bonds and undertakings, recognizancea, contracts of Indemnity and otiher writings obligatory In the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contmas of indemnity and other writings obligatory in the nature thereof. & Attomeys-in-Fact shall have power and autiwrtty to execute affidavits required to be attached to bonds, recognizanoes. contracts of Indem- ntty or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof r This power of attorney Is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the Sth day of June, 1979. at which a quorum was present, and said Resolution has not been amended or repealed: r. "Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attornay or certificate bearing such s facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect. to any bond or undertaking to which It is attached." r IN WITNESS WHEREOF, Jhq RELIANCE INSURANCE COMPANY has caused these presents to be signed by Its Ykx President and its corporate seat to be hereto affixed, this 2 3 r d day of September 1 g 91 �,. RELIANCE INSURANCE COMPANY d `d.n+aej� I16;� ,e ¢ President F sTATEoF Washington as COUNTY OF King On this 23rd day of September,1991.pemonallyappeared Lawrence W. Carlstrom fo me known to be the Vice -President of the RELIANCE INSURANCE COMPANY, and acknowl^dged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Article VII, Sectio , 2, a2 of the ft-Laws of said Company and the Resolu- tion, set forth therein, are still in lull force. I My Commission Expires: � w May 15 ,10 94 '�4Notary Public in and for State of ashing 101 Residing in Tacoma t Robert D . Ritzhaupt , Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY. which Is still in lull force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed" seal of said Company tits 9 th day of March tg92 . 111� Q _+L:�i d• Assistant WA-14.911A6179 `r�a Robert D. Rit au P RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, acorporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint Jerry D. Rose, Linda O'Nale and John R. Stockton, individually; of Dallas, Texas its true and lawful Attorney -In -Fact, to make, execute, seal and deliver for and on its behalf, and as Its act and deed any and all bonds and undertakings of Suretyship, and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorneys) -in -Fact may do in pursurance hereof, iThe Power of Attorney is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which became effective September 7,1978, which provisions are now in full force and effect, reading as follows: r ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys -in -Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and otherwritings obligatory in the r nature thereof, and (b) to remove any such Attorney -in -Fact at any time and revoke the power and authority given to him. 2. Attorneys -In -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliveron behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in p„ the nature thereof.The corporate seal is not necessary forthe validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys -in -Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of Indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. l The powerof attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution has not r„ been amended or repealed: "Resolved, that the signature of such directors and officers and the seat of the Company may be affixed to any such powerof attorney or any certificate relating thereto by facsimile, and any such powerof attorney or certificate bearing such fassimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company In the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents t be signed t;yy its V' resident, and its corporate seal to be hereto affixed, this 2nd day of August 1988. RELIAN INSU E M Y e J � _ Y STATE OF t �'_.� ; Vic President COUNTY OF Pennsylvania 1 ss. �_ „�• Philadelphia On this 2nd day of August ,19 88, personally appeared Raymond MacNeil r_ to me known to be the Vice -President of the RELIANCE INSURANCE COMPANY, and ack wledged that he, ecute and attested the foregoing _. Instrument and affixed the seal of said corporation thereto, and that Article VII, Se o 2, and 3 of the B - f said com y and the Resolution, set forth therein, are still in full force. i My Commission Expires: ember 28 19 9 1 ®r p�y� ` �� _ Notary Public in and for State of 1Vdllla r Residing at Philadelphia 1, P . D. Crossetta , Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorne executed by RELIANCE INSURANCE COMPANY, which is still in full force and A effect. IN WITNESS WHEREOF, I have hereunto set my hand and :'ixe�tt� se said Company this S th day of 1.1a, ch 19 gf2 r-� BDR-1431 Ed. 6l79 x' 1 ,�; r��/ Assistant Secratarv� ` �M� r r F F r CERTIFICATE OF INSURANCE r -21- (THIS PAGE LEFT BLANK INTENTIONALLY) i CERTIFICATE OF INSURANCE ►� TO: CITY OF LUBBOCK DATE: MARCH 9,1992 1625 13th Street Type of a' Lubbock, Texas 79401 Project: THIS IS TO CERTIFY THAT AMER. FENCE CO. (Name and Address of Insured) is, at the date of this certificate, in- sured by this Company with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by this Company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE Policy No. Effective Expires Limits of liability -------------------------------------------------------------------------------------------------------------------- uorkmen's 3CE481386-00 11/1/91 1 000 000 11/1/92 1:000:000 EA. ACC. DISEASE—POL.LMT. Compensation -------------------------------------------------------------------------------------------------------------------- 1,000,000 DISEASE—EA.EMPL. Owner's Protec- Per Person S tive or Contin- Per Occurrence s gent Liability -------------------------------------------------------------------------------------------------------------------- Property Damage % Contractor's Per Person S Protective or Per Occurrence S Contingent Property Damage S Liability Per Person S Automobile F3F008-092-00 11/1/91 11/1/92 Per occurrence S1,000,00 Property Damage S -------------------------------------------------------------------------------------------------------------------- Comprehensive General Liability 3YE481386-00 11/1/91 11/1/92 s 2.000.000 ---------------------------------------------------------------------------------...-.------------------------------ Umbrella liability S The foregoing Policies (do) (do not) cover all sub -contractors. Locations Covered DESCRIPTION of Operst',%ns Covered JOB: LUBBOCK INT L AIRPORT SECURITY — FENCING IMPROVEMENTS The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in toss than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THIS CERTIFICATE MUST BE SENT TO THE OWNER. INSURED: AMERICAN FENCE COMPANY OF TEXAS 13500 W. Highway 80 Midland, Tx. 79711 AMER. MFG. MUTUAL INS. (KEMPER) (Manx! of Insurer) ey ALEXANDER ER OF INC Title P_ -22- AO ORI). INSURANCE BINDER RSSUE DATE (MMIDDIYY)+M + 3/9/92 _ THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER 'COMPANY BINDER NO. AMM _._ _._..._E. ALEXANDER & ALEXANDER OF AZ DaTE_.. EFFECTIVEwN �........_..__ _-....,-._.._._.._...TIME.._....__..__ ...___...__DATE .... _...__.. ...TIME.......... 2800 N. 44TH STREET X. AM X ;TroT AM PHOENIX, AZ 85008 _,3. 6 92 _ 12:01_ _.__.._?"" - _9-22-92 ._ � NOON THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED CODE 71-1440 SUB -CODE :COMPANY PER EXPIRING POLICY NO: DESCRIPTION OF OPERATIONSJVEHICLESIPROPERTY (Including Location) INSURED CONTRACT #11834 for job at: CITY OF LUBBOCK TEXAS LUBBOCK INTERNATIONAL AIRPORT 1625 13TH STREET LUBBOCK, TEXAS 79401 COVERAGES , `,.� .. , ,... ,:.._. LIMITS TYPE OF INSURANCE COVERAGEIFORMS AMOUNT DEDUCTIBLE COINSUR. - - PROPERTY CAUSES OF LOSS BASIC BROAD -SPEC. i GENERAL LIABILITY GENERAL AGGREGATE =-1,000,000 OCP POLICY _.. COMMERCIAL GENERAL LU181LITY PRODUCTS — COMPIOP AGG.: S 'CLAIMS MADE XX OCCUR, NEEDED PER AMERICAN FENCE CORPORATION PERSONAL a ADV. INJURY 1 $ XX OWNER'S 3 CONTRACTOR'S PROT. EACH OCCURRENCE 1 1000, 000 FIRE DAMAGE (Any one fire) S RETRO DATE FOR CLAIMS MADE: MED. EXPENSE (Any are person) S AUTOMOBILE LIABILITY COM13INED SINGLE LIMIT S ANY AUTO BODILY INJURY (Per person) S ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE S HIRED AUTOS MEDICAL PAYMENTS S NON -OWNED AUTOS PERSONAL INJURY PROT. S GARAGE LIABILITY UNINSURED MOTORIST S i AUTO PHYSICAL DAMAGE DEDUCTIBLE 1 ALL VEHICLES SCHEDULED - _ ... VEHICLES ACTUAL CASH VALUE COLLISION: ! STATED AMOUNT S OTHER THAN COL- ' OTHER EXCESS LIABILITY I EACH OCCURRENCE S € UMBRELLA FORM — AGGREGATE S _ OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF -INSURED RETENTION S STATUTORY LIMITS WORKER'S COMPENSATION EACH, ACCIDENT S AND - __ ------ _ --- _._ EMPLOYER'S LIABILITY DISEASE -POLICY LIMIT $ DISEASE -EACH EMPLOYEE S SPECIAL CONDITIONSIOTHER COVERAGES NAME &ADDRESS MORTGAGEE ADDITIONAL INSURED AMERICAN MANUFACTURERS MUTUAL LOSS PAYEE I 17800 CASTLETON STREET LOAN# INDUSTRY, CA 91748 AUTHORIZED REPRESENTATIVE A -- OACORD CORPORATION 1990 jdYi€HIR'?97AC 1r311 C4sSt �; Y'yOM t` .... i i CONDITIONS s; This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by,the Company - This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the G ,i 1. _. Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company Is entitled a to charge a premium for the binder according to the Rules and Rates in use by the Company. APPLICABLE IN NEVADA Any person who -refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is' liable,. to_ the party presenting the binder as proof of 'insurance for actual damages sus- tained therefrom., r i c F F 7 DBE PARTICIPATION PLAN FOR CONTRACTORS AIP Project No.: Project Airport: . Bidder• Bid Amount: S Percentage Goal Dollar Goal: (Bid Amount x Percentage Goal) S I, the undersigned, certify that the (company name) if awarded the contract for the project identified above, intends to utilize the following DBE firm(s) in performance of the contract. Letters of commitment, subject to contract award, from these DBE firm(s) are attached to this DBE Participation Plan. Vendor Name of DBE a. Number* Sub/Supplier* Type of Work Amount(S) b. Total Proposed Dollar Value of Participation S If.the dollar amount of line b..-is not -equal to the Dollar Goal identified above, please attach to this form documentation of good faith effort (see Attachment c of the Bid Documents) The VENDOR NUMBERS and. SUBCONTRACTOR NAMES supplied on this report must match what appears in the DBE Directory and/or Directory Addenda published by the Texas Department of Transportation (TxDOT). All vendors must be certified by the TxDOT. Signature of Company Official Date n_9 ;mr-n 561h flnIOIN DBE PARTICIPATION REPORT AIP Project No.: Project Airport: Primary Consultant: Primary Contractor: For the Period: to Vendor Name of DBE Number* Sub/Supplier* Type of Work Amount($) COPIES OF DBE INVOICES MUST BE INCLUDED WITH THIS FORM. The VENDOR NUMBERS and SUBCONTRACTOR NAMES supplied on this report must match — what appears in the DBE Directory and/or Directory Addenda published by the Texas Department of Transportation (TxDOT). I HEREBY CERTIFY THAT THE ABOVE AND ATTACHED DOCUMENTATION ARE A TRUE AND CORRECT STATEMENT OF THE AMOUNTS PAID TO THE DBE FIRMS LISTED ABOVE. Signature of Company Official Date L- L- L- I - L- L-- L---� L---� L- L- L- t- L---� L---� L-- L- L---� L-. L-- (THIS PAGE LEFT BLANK INTENTIONALLY) 1 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this April 9. 1992, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and American Fence Co.. Inc. of Texas of the City of ODESSA, County of ECTOR and the State of TEXAS, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CON- TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol- lows: BID # 11834 - L.I.A. SECURITY FENCING IMPROVEMENTS PROJECT IN THE AMOUNT OF $297,711.000. and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. APPROVED AS TO F M: AA LI-9 t-T A T ' TI Corpor a cretary CITY OF LUBBOCK, TEXAS (OWNER) C By:� MAYOR - AMERICAN FENCE CO.. INC. OF TEXAS CONTRACTOR By: LAJ--F / TITLE: f"K" "ell_ COMPLETE ADDRESS: 13500 HIGHWAY 80 EAST ODESSA, TX 79765 71 -24- GENERAL CONDITIONS OF THE AGREEMENT .25- (THIS PAGE LEFT BLANK INTENTIONALLY) GENERAL CONDITIONS OF THE AGREEMENT i. OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this con- tract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, copartnership or corporation, to -wit: AMERICAN FENCE CO., INC. F TEXAS, who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to BERN CASE, DIRECTOR OF AVIATION, City of Lubbock, under whose supervision these contract documents, including the plans and specifications, were prepared, and who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any par- ticular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shell not directly supervise the Contractor or men acting in behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and aLL other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na- ture, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in aLL such cases, any question of the fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the character of the work. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shell have no re- rsponsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated l' r -26- by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. 8.WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract docu- ments. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract docu- ments has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a mariner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly Locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract docu- ments. He will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work, nor will he be'responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract docu- ments, but he will not be responsible for the contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his on -site observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. -27 i 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence- ment of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and con- tractor shalt be allowed no extra compensation therefore. The Contractor shalt give the Owner's Repre- sentative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representa- tive at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and t shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the [ Contractor to receive any money under this contract; provided, however, that should owner's Representative ! render any decision or give any direction, which in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with said Owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direc- tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there- from shall be thereafter adjusted to arbitration as hereinafter provided. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise rela- tive to the execution of the work or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Con j tractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's rRepresentative for his decision. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the Proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Con- tractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or emissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the na- ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate- rials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. is. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly end competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis- orderly, such man or men shall be discharged from the work and shall not again be employed on the work with- out the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu- tion and completion of this contract where it is not otherwise specifically provided that Owner shall fur- nish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the owner's Representative. 20. SANITATION Necessary sanitary conveniences for the `use of laborers on the work site, properly secluded from public ob- servation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. -29- r E 21. OBSERVATION AND TESTING The Owner or Owner's Representative shalt have the right at ell reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such obser- vation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give am- ple notice as to the time each part of the work will be ready for such observation. Owner or Owner's Rep- resentative may reject any work found to be defective or not in accordance with the contract documents, re- gardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Repre- sentative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representa- tive to make observations of such work or require testing of said work, then in such event owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representa- tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec- tions, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such ,tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work 6 for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as un- suitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and re- build or otherwise remedy such work to that it shall be in full accordance with this contract. It is fur- ther agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part Pa thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the Il basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they in- crease the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In i -30- case the Owner shall make such changes or alterations as shall make useless any work already done or mate- rial already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, al- teration or addition to the work as shown on the plans and specifications or contract documents and not cov- ered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representa- tive when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sun; or Method (C) If neither Method (A) or Method (8) be agreed upon before the extra work is com- menced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) per cent. in the event said extra work be performed and paid for under Method (C), then the provisions of this para- graph shall apply and the "actual field Lcost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public liability and Property Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these mat- ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin- ery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and com- pensate him for his profit, overhead, general superintendence and field office expense, and all other ele- ments of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre- sentative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative in- sists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbi- tration as herein below provided. -31- I i 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and other contract documents, is ;to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owners& Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work in accordance with these plans and specifications. It is further understood that any re- rquest for clarification must be submitted no later than five days prior to the opening of bids. ` 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owners Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. { If, at any time, the working force of the Contractor is inadequate for securing the progress herein speci- fied, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workmenos Compensation Insurance with an Insurance company licensed to transact business in the State of Texas, which policy shell comply with the Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal hews and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state !l or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indem- nify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sus- tained by any person or persons or property, on account of any negligent act or fault of the Contractor or fany subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcon- tractor to provide necessary barricades, warning lights, or signs and will bc: required to pay any judgment with costs which may be obtained against the owner or any of its officers, agents, or employees including attorneys fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as on Independent Contractor; inclusion of this paragraph in the Agreement, as *,ell as any notice which may be given by the Owners or the Owners Representative concerning omissions under this paragraph as the work pro- gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump- tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors. -32- 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in- surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au- thorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided — covering the operation of each subcontractor. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of t300,O00 Bodily Injury and S300,O00 Property Damage per occurrence to include: Premises and Operations Explosion 6 Collapse Hazard Underground Damage Hazard Products Ii Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) r The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows For bodily injuries, including accidental death, f500,000 per occurrence, and E100,000 for Property ^ Damage. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury $250/500,O00 _ Property Damage $100,000 to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non - owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of (100% of poten- tial loss) naming the City of Lubbock as insured. _ -33- FE. Excess or Umbrella Liability Insurance The Contractor shall have Excess or Umbrella Liability Insurance in the amount of (51,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen- sive Automobile Liability coverages. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. F. Worker's Compensation and Employers Liability Insurance As required by State statute covering all employees whether employed by the Contractor or any Sub- contractor on the job with Employers Liability of at least $100,000 limit. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the r date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named in- sured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) con- tained in the job specifications. No substitute of nor amendment thereto will be accept- able. 29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness -34. shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. 30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, de- vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten- tee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the owner hermless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular _ design, device, material or process or the product of a particular manufacturer or manufacturers is speci- fied or required in these contract documents by owner; provided, however, if choice of alternate design, de- vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harm- less from any loss on account thereof. If the material or process specified or required by Owner is an in- fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 31. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, in- sofar as the same regulates the objects for which, or the runner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the some effect as though embodied herein. 32. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the con- sideration for the awarding of this contract, the owner may withhold permanently from Contractor's total compensation, the sum of S1000.00 (ONE THOUSAND DOLLARS) PER DAY, not as a penalty, but as liquidated _ -35. damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. it is expressly understood and agreed, by and between Contractor and the Owner, that the time for the com- pletion of the work described herein is reasonable time for the completion of the some, taking into consid- eration the average climatic change and conditions and usual industrial conditions prevailing in this Local- ity. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impractica- bility and extreme difficulty in fixing and ascertaining actual damages the owner would in such event sus- tain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. it is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 34. TiME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con- tractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contact, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the sev- eral parts. 35. EXTENSION OF TIME The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the owner, Ownerls Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walk -outs, acts of God or the public enemy, fire or flood. The Contractor miry apply in writing for an ex- tension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative! within ten (10) days after re- ceipt of a written request for an extension of time by the Contractor supported by all requested docu- mentation shall then submit such written request to the City Council of the City of Lubbock for their con- sideration. Should the Contractor disagree with the action of City Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided. 36. HINDRANCE AND DELAYS ( In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in- cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge t .3b- shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 37. 4UANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be _ done and material to be furnished hereunder. inhere the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals of- fered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 38. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the perfor- mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis- tence or character of the work. 39. PRICE FOR WORK In consideration of the furnishing of all necessary tabor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in fult conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the some and the whole thereof in the manner and according to this agreement, the attached specifications, plans,.contract r documents and requirements of Owner's Representative. 40. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of de- _ fective work. Contractor shall at any time requested during the progress of the work furnish the owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the con- tract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against owner which have not theretofore been timely filed as provided in this contract. .37- 41. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an applica- tion for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for par- tial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound ma- terials delivered on site of the work that are to be fabricated into the work. d The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon r.. written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained per- centage due Contractor. , 42. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall in- spect the work and within said time, if the work be found to be completed or substantially completed in ac- cordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. 43. FINAL PAYMENT 1" Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall Pay to the Contractor on or be- fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this con- tract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve ! the Contractor of the obligation for fulfillment of any warranty which may be required in the special condi- tions (if any) of this contract or required in the specifications made a part of this contract. 44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con- tractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 45. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the 7 -38- date of substantial completion. The Owner or the Owner's Representative shall give notice of observed de- fects with reasonable promptness. 46. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 47. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and '- render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted other- wise in the contract documents. 48. ARBITRATION All questions of dispute under this agreement shall be submitted to arbitration at the request of either _ party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se- lect a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the de- cision of the Owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should ei- ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless either or both parties shall appeal within ten (10) days from date of the award by the ar- biters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. -39- r The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus- tained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal Was taken without reasonable cause, they may award damages for any decay occasioned thereby. The ar- biters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writ- ing and shall not be open to objection on account of the form of proceedings or award. 49. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written l notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the or- ders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or r the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. r After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and t - equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra York, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. rIn case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and sup- plies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense Is less than the sum which would have been payable under this contract, if the same had been com- pleted by the Contractor, then said Contractor shall receive the difference. In case such expense Is greater than the sum which would have been payable under this contract, if the same had been com- pleted by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspa- per having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new r p contract prove to be less than that which would have been the cost to complete the work under this r , contract, the Contractor or his Surety shall be credited therewith. yl When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be Issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. -40- In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of, the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, toots, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The owner shall release any machin- ery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorpo- rated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Con- tractor at the prices stated in the the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Con- tractor to carry the whole work to completion, and which cannot be utilized. The Ownerls Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 51. BONDS The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statu- tory bonds will not be required. All bonds, if required, shalt be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is fur- ther agreed that this contract shall not be in effect until such bonds are to furnished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special con- ditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. F r 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 54. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and au- thority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to ob- serve Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 55. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. in case of dispute Owner may remove the debris and charge the cost to the Contractor. -42- (THIS PAGE LEFT BLANK INTENTIONALLY) r P� Advisory U.S. Department � of Trcnsportot�on Circuiar Federal aviation r Administration 1 Subject: OPERATIONAL SAFETY dN�MPORTS Date: 5/31/84 AC No: 150/5370-2C DURING CONSTRUCTION Initiated by: AAS-300 ch: j 1. PURPOSE. This advisory circular (AC) sets forth guidelines concerning the operational safety on airports during construction, to assist airport operators in complying with Part 139, Certification and Operations Land Airports Serving Certain Air Carriers, of the Federal Aviation Regulations (FAA), and with the requirements of Federally -funded construction projects. Construction activity is defined as the presence and movement of personnel, equipment, and materials in any location Which could infringe upon the movement of aircraft. For noncertificated airports and airports with no grant agreements, application of these provisions will help maintain the desired level of operational safety during periods of construction. 2. CANCELLATION.. AC 150/5370-28, Operational Safety on Airports With Emphasis on Safety During Construction, dated October 9► 19811 is canceled. 3. RELATED READING MATERIAL. All references cited herein are available for inspection in any Federal Aviation Administration (FAA) regional office. a. The Federal Aviation Regulations are sold by the Superintendent of Documents (AC 00-44, Status of Federal Aviation Regulations, current edi- tion, contains a price list and ordering instructions), s. b. AC 150/5370-10, Standards for Specifying Construction of Airports, is also sold by the Superintendent of"Documents (AC 00-29 Advisory Circular Checklist, current edition, contains ordering instructions). 4. BACKGROUND. Various AC's which detail all major elements of safe, efficient airport design and construction are available. However, opera- tional safety on airports may be degraded by construction hazards or margi- nal conditions that develop after an airport has been opened or approved for operation. This AC addresses that problem. NOTE: Airports which have received Federal assistance (grants, real or personal property) and air- ports certificated under FAR Part 139 have mandatory requirements related to this subject. f AC 150/5370-2C 5/31/84 5. GENERAL. a. The airport operator is responsible for full compliance with the require- aents of FAR Part 139 for certificated airports and with the provisions of Federal grant agreements when applicable. Adherence to the following provisions will materially assist the airport operator in providing the level of safety required. Local FAA Airports offices have technical expertise to assist airport operators in all safety matters on airports. (See AC 150/5000-3; Address List for Regional Airports Divisions and Airports District/Field Offices, current edition.) b. Each bidding document (construction plans and/or specifications) for air- port development work or air navigation facility (NAVAID) installation involving aircraft operational areas should incorporate a section on safety on airports during the construction activity. The section, as a minimum, should contain the appropriate provisions outlined in appendix 1 to this AC. c. The airport operator should pay particular attention to the pullback distances and clearances for any maintenance activities and emergencies that occur on airports. These include activities which involve maintenance equipment --such as mowing machines, snowplows, lighting equipment -as well as emergency standbys for firefighting and rescue equipment. d. Where feasible and where operational safety is not affected, the airport operator may choose to keep open operational areas adjacent to construction activity during construction rather than close them to aircraft activity. e. At airports that are undergoing a multi -year major redevelopment, a compre- hensive construction safety plan should be developed. This safety plan may contain deviations from the criteria outlined in appendix 1 of this 'AC so long as.they' are based upon a • commitment, by-:the-'ai"rport' operator and the**Users to provide "the maxi- mum clearances possible between construction activities and aircraft within the limits imposed by local conditions. 6. COORDINATION OF AIRPORT CONSTRUCTION ACTIVITIES. Construction activities on an airport, in proximity to, or affecting aircraft operational areas or navigable airspace, should be coordinated with the FAA and airport users prior to initiating such activities. In addition, basic responsibilities and procedures should be developed and disseminated to instruct construction personnel in airport procedures and for monitoring construction activities for conformance with safety require- ments. These and other safety considerations should be addressed in the earliest stages of project formulation and incorporated in the contract specifications. Construction areas located within safety areas requiring special attention by the contractor should be clearly delineated on the project plans. The airport operator should closely monitor construction activity throughout its duration to ensure con- tinual compliance with safety requirements. . a. Formal Notification. A formal notification to the FAA is required by regu- lation for certain airport projects. For instance, FAR Part 157, Notice of Construction, Alteration, Activation, and Deactivation of Airports, requires that FAA be notified in writing whenever a non -Federally funded project involves the 2 Par 5 0 5/31/84 AC 150/5370-2C construction of a new airport; the construction, realigning, altering, activatin or abandoning of a runway, landing strip, or associated taxiway; and the deac- tivating or abandoning of an entire airport. Formal notification is made by sub witting FAA Form T480-11 Notice of Landing Area Proposal, to the nearest FAA district office or FAA regional office. (See AC 70-2, Airspace Utilization Considerations in the Proposed Construction, Alteration, Activiation,and Deactivation of Airports, current edition.) Also, any person proposing any kind construction or alteration of objects that affect navigable airspace, as defined FAR Part 77, Objects Affecting Navigable Airspace, is required to notify the FAA. FAA Form 7460-1, Notice of Proposed Construction or Alteration, should be used Cc this purpose. (See AC 70/7460-2, Proposed Construction or Alteration of Objects That May Affect the Navigable Airspace, current edition.) b.._Work Scheduling and Accomplishment. Predesign, preconstruction, and preb conferences provide excellent opportunities to introduce the subject of airport operational safety during construction. All parties involved, including the spon. sor's engineer and contractors, should integrate operational safety requirements into their planning and work schedules as early as practical. Also, respon- sibilities should be clearly established for continuous monitoring and compliance with the requirements assigned and for vigilance to detect areas needing attention due to oversight or altered construction activity. When construction is being planned on FAR Part 139 certificated airports, the responsible airport safety (certification) inspector should be directly involved at all stages, from pre - design through final inspection. c. Safety Considerations. The following is a partial list of safety con- siderations which experience indicates will need attention during airport construction. (1Y Minimum disruption of standard operating procedures for aeronautical•, activity. (2) Clear routes .from firefighting and rescue stations to active airport operations areas and safety areas. (3) Chain of notification and authority to change safety -oriented aspects of the construction plan. areas. (4) Initiation, currency, and cancellation of Notice to Airmen (NOTAM's). (5) Suspension or restriction of aircraft activity on airport operations (6) Threshold displacement and appropriate temporary lighting and marking (7) Installation and maintenance of temporary lighting and marking for closed or diverted aircraft routes on airport operations areas. (8) Revised vehicular control procedures or additional equipment and manpower. (9) Marking/lighting of construction equipment. AC 150/5370-2C 5/31/84 (10) Storage of construction equipment and materials when not in use. (11) Designation of responsible representatives of all involved parties and their availability. (12) Location of construction personnel parking and transportation to and from the Work site. (13) Marking/lighting of construction areas. (14) Location of construction offices. (15) Location of contractor's plants. (16) Designation of waste areas and disposal. (17) Debris cleanup responsibilities and schedule. (18) Identification of construction personnel and equipment. (19) Location of haul roads. (20) Security control on temporary gates and relocated fencing. (21) Noise pollution. t (22) Blasting regulation and control. (23) Dust control. (24) Location of utilities. r (25) Provision for temporary utilities and/or, immediate repairs in the event of disruption. (26) Location of power and control lines for electronic/visual navigational aids. (27) Additional security measures required if FAR Part 107, Airport Security, is involved. (28) Marking and lighting of closed airfield pavement areas. (29) Coordination of construction activities during the winter with airport snow removal plan. (30) --Phasing 'Of Work. (31) Shutdown and/or protection of airport electronic/visual navigational aids. 4 •:1 r A i (^ 5/31/84 AC 150/5370-ZC Smoke, steam, and vapor controls. (33) Notify crash/fire/rescue personnel when working on water lines. (34) Provide traffic directors/wing walkers, etc., as needed to assure clearance in construction areas. d. Guidelines for Proximity of Construction Activity to Airport Operations Areas. The guidelines contained in appendix bare for use in the preparation of plans and specifications when construction activities are to be conducted in loc tions which may interfere with aircraft operations. They should be adapted to t: needs of a particular project and should not be incorporated verbatim into projei specifications. 7• EXAMPLES OF HAZARDOUS AND MARGINAL CONDITIONS. Analyses ofpastaccidents a: incidents have identified many contributory hazards and conditions. A represen- tative list follows: a. Excavation adjacent to runways, taxiways, and aprons. b. Mounds or stockpiles of earth, construction material, temporary structure: and other obstacles in proximity to airport operations areas and approach zones. c. Runway surfacing projects resulting in excessive lips greater than 1 inch (2.54 cm) for runways and 3 inches (7.62 cm) for edges between old and new surface at runway edges and ends. t" d. Heavy equipment, stationary or mobile, operating or idle near airport operations areas or in safety areas. e. Proximity of equipment or material which may degrade radiated signals or impair monitoring of navigational aids. f. Tall but relatively low visibility units such as cranes, drills, and the '., like in critical areas such as safety areas and approach zones. g.Improper or malfunctioning lights or unlighted airport hazards. h. Holes, obstacles, loose pavement, trash, and other debris on or near air- port operations areas. i. Failure to maintain fencing during construction to deter human and anizal intrusions into the airport operation areas. J. Open trenches along side pavement. k. Improper marking or lighting of runways, taxiways, and displaced thresholds. 1. Attractions for birds such as trash, grass seeding, or ponded water on or near airports. t Par .%C 150/5370-2C 5/31/34 m. inadequate or improper methods of marking temporarily closed airport opera- t1ons areas including improper and unsecured barricades. � n. Obliterated markings on active operational areas. 140TE: Safety area encroachments, improper ground vehicle operations, and unmarked or uncovered holes and trenches in the vicinity of aircraft operating sur- faces arethethree most recurring threats to safety during construction. 8. ASSURING OPERATIONAL SAFETY. The airport operator is responsible for establishing and using procedures for the immediate notification of airport users and the FAA of any conditions adversely affecting operational safety at the air- port. If construction operations require shutdown of a navigational aid from ser- vice for more than 24 hours or in excess of 4 hours dailyonconsecutive days, a 45-day minimum notice is desirable prior to the facility shutdown. Notification of construction, rough pavement, weather -caused effects, bird hazards, and other con- ditons affecting the use of the airport is usually made by NOTAM issued by Flight Service Stations. FAA Air Traffic facilities and Airports district/field offices will assist in the notification process. Airmen or other persons engaged in aviation activities are encouraged to report safety -related airport conditions to airport management, the FAA or through the use of the National Aeronautics and Space Administration's Aviation Safety Reporting System. g. VEHICLES ON AIRPORTS. Vehicular activity on airport movement areas should be kept to a minimum. Where vehicular traffic on airport operation areas cannot be avoided, it should be carefully controlled. A basic guiding principle is that the aircraft always has the right-of-way. Some aspects of vehicle control and iden- tification are discussed below. It should be recognized, however, that every air- port presents different vehicle requirements and problems and therefore needs •individualized solutions so that vehicle traffic does not endanger aircraft operations. a. Visibility. Vehicles which routinely operate on airport operations areas should be marked/flagged for ,high daytime visibility and, if appropriate, lighted for nighttime operations. Vehicles which are not marked and lighted should be escorted by one that is equipped with temporary marking and lighting devices. (See AC 150/5210-5, Painting, Marking, and Lighting of Vehicles Used on an Airport, current edition.) . b. Identification. It is usually desirable to be able to identify visually specific vehicles from a distance., It is recommended that radio equipped vehicles which routinely operate on airport operations areas be permanently marked with identifying characters on the sides and roof. (See AC 150/5210-5.) Vehicles needing intermittent identification could be marked with tape or with magnetically attached markers which are commercially available. Whenever possible, vehicles should be purchased with the recommended markings and lighting. c. Noticeability. Construction vehicles/equipment should have automatic signalling devices to sound an alarm when moving in reverse. 6 P:1 r 7 F 5/31/84 AC 15O/53;0-_,C d. Movement. The control of vehicular activity on airport operations areas of the highest importance. Airport management is responsible for developing proce dares, procuring equipment, and providing training regarding vehicle operations :a ensure aircraft safety during construction. This requires coordination with air- port users and air traffic control. Consideration should be given to the use of taro -way radio, signal lights, traffic signs, flagmen, escorts, or other means suitable for the particular airport. The selection of a frequency for two-way radio communications between construction contractor vehicles and the air traffic control (ATC) tower must be coordinated with the ATC tower chief. At nontower air. • ports, two-way radio control between contractor vehicles and fixed -base operators or other airport users should avoid frequencies used by aircraft. It should be remembered that even with the most sophisticated procedures and equipment, systenat • training of vehicle operators is necessary to achieve safety. Special con- sideration should be given to training intermittent operators, such as construction workers, even if escort service is being provided. 10. INSPECTION. Frequent inspections should be made by the airport operator or a representative during critical phases of the work to ensure that the contractor is following the prescribed safety procedures and that there is an effective litter control program. ►� 11. FAA SAFETY RESPONSIBILITIES. FAA Airports engineers and certification inspec- tors have specific responsibilities regarding operational safety on certificated airports before and during periods of construction activity. Their particular area of concern will be directed towards construction within safety areas, and they will be involved in the following functions: a. Review of plans to determine limits of work and possible safety problem areas. b. Give special attention to the development of the safety plan which is a r` part of the plans and specifications. c. Advise FAA elements such as regional Flight Standards, Air Traffic, and Airway Facilities of the construction activities and the safety plan. d. 'Ensure that users of the facilities have ample warning of the proposed construction so that they may make advanced plans to change their operations. e. FAA Airports engineers and certification inspectors should participate in the predesign and preconstruction conferences if the project involves a complex safety plan. Also, they should participate in construction inspections and in the a inspection of the finished work to determine that there are no safety violations to FAR Part 139. cr LEONARD E. MUD r Director, Office of Airport Standards t" Par 9 No Text r i k ' S/31/84 AC 150/5370-2C rlNrendix 1 APPENDIX 1. SPECIAL SAFETY REQUIREMENTS DURING CONSTRUCTION 4 l 1. RUNWAY ENDS. Construction equipment normally should not penetrate the 20:1 �.. approach surface. 2. RUNWAY EDGES. Construction activities normally should not be permitted within 200 feet of the runway centerline. However, construction maybe permitted within 200 feet of the runway centerline on a case -by -case basis with approval of the air, port operator, the FAA and the users. 3- TAXIWAYS AND APRONS. Normally, construction activity set -back lines should be located at a distance of 25 feet plus one-half the wingspan of the largest predomi- nant aircraft from the centerline of an active taxiway or apron. However, construction activity may be permitted up to the taxiway and aprons in use provided that the activity is first coordinated with the airport operator, the FAA and the users; NOTAM's are issued; marking and lighting provisions are implemented; and it is determined the height of equipment and materials is safely below any part of the aircraft using the airport operations areas which might overhang those areas. An occasional passage of an aircraft with wingspan greater than 165 feet should be dealt with on a case -by -case basis. k. EXCAVATION AVD TRENCHES. a. Runways. Excavations and open trenches may be permitted up to 200 feet r from the centerline of an active runway, provided they are adequately signed, lighted and marked. In addition, excavation and open trenches may be permitted within 200 feet of the runway centerline on a case -by -case basis, i.e., cable r trenches, pavement tie-ins, etc., with the approval of the airport operator, the FAA and the users. a„ b. Taxiways and Aprons. Excavation and open trenches may be permitted up to the edge of structural taxiway and apron pavements provided the drop-off is ade- quately signed, lighted and marked. r" 5. STOCKPILED MATERIAL. Extensive stockpiled materials should not be permitted E within the construction activity areas defined in the preceding four sections. 6. MAXIMUM EQUIPMENT HEIGHT. Notice'of proposed construction shall be submitted to the appropriate Airports district office for review prior to the placement of construction equipment on airports. The guiding criteria involving FAR Part 139 certificated airports and grant agreement airports is that all construction plans and specifications require direct coordination with the appropriate Airports district, field, or regional office. In addition, airports should file FAA Form 7460-1 when equipment is expected to penetrate any of the surfaces defined above in paragraphs 1, 2, and 3. Airport operators are reminded that FAR Part 157 requires prior notice to construct, realign, alter, or activate any runway/landing area or associated taxiway for any project which is non -Federally funded. 7. PROXIMITY OF CONSTRUCTION ACTIVITY TO NAVIGATIONAL AIDS. Construction activity in the vicinity of navigational aids requires special consideration. The effect of the activity and its permissible distance and direction from the aid must be eval- uated in each instance. A coordinated evaluation by the airport operator and the AC 150/5370-2C Appendix 1 FAA is necessary. Technical involvement by FAA regional Airports, Air Traffic, Flight Standards, and Airway Facilities Specialists is needed as well as construc— tion engineering and management input. Particular attention needs to be given to "- stockpiling materials as well as to the movement and parking of equipment which Cay interfere with line -of -sight from the tower or interfere with electronic emissions. (See AC 150/5300-2D, Airport Design Standards --Site Requirements for Terminal -- Navigational Facilities, current edition, for critical areas of NAVAIDS.) 8. CONSTRUCTION VEHICLE TRAFFIC. With respect to vehicular traffic, aircraft safety during construction is likely to be endangered by four principle causes: increased traffic volume, nonstandard traffic patterns, vehicles without radio com- munication and marking, and operators untrained in the airport's procedures. Because each construction situation differs, airport management must develop and coordinate a construction vehicle traffic plan with airport users, air traffic control and the appropriate construction engineers and contractors. This plan, when signed by all participants becomes a part of the contract. The airport opera- tor is responsible for coordinating and enforcing the plan. 9. LIMITATION ON CONSTRUCTION. a. Open -flame welding or torch -cutting operations should be prohibited unless adequate fire and safety precautions are provided and have been approved by the airport operator. All vehicles are to be parked and serviced behind the construc- tion restriction line and/or in an area designated by the airport operator. b.- Open trenches, excavations, and stockpiled material at the construction site should be prominently marked with orange flags and lighted with flashing yellow light units (acceptable to the airport operator and the FAA) during hours of restricted -visibility and/or darkness. Under no circumstances are flare pots to be near.aircraft turning areas. c. Stockpiled material should be constrained in a manner to prevent movement result of aircraft blast or wind. Material should not be stored near aircraft -- turning areas or movement areas. 10. MARKING AND LIGHTING OF CLOSED OR HAZARDOUS AREAS ON AIRPORTS. The construc- tion specifications should include a provision. requiring the contractor to have a man on call 24 hours per day for emergency maintenance of airport hazard lighting and barricades. a. Permanently Closed Runways and Taxiways. For runways and taxiways which have been permanently closed, the lighting circuits should be disconnected. With runways, the threshold markings, runway designation marking, and touchdown zone markings should be obliterated, and crosses should be placed at each end at 1,000-foot (300 m) intervals. With taxiways, a cross is placed at each entrance of the closed *taxiway., " b. Temoorarily Closed Run_ways and Taxiways. Temporarily closed runways are treated in the same manner as in paragraph 10a except runway markings are not obli- terated. Rather, crosses are usually of the temporary type (constructed of 2 40 5/31/84 : C 150/537� -:C .Xppendi:' '_ material such as :abric or plywood), and they are required only at runway :nds. The crosses should be located on top of the runway numerals. For te:aporary marking, the dimensions of the crosses may be reduced to permit use of standard sheets of 4-by-8-foot (1.22 by 2.44 m) plywood. Temporarily closed taxiways are usually treated as an unusable area as explained in paragraph 10d. c. Closed Airports. When all runways are closed temporarily, the runways a: marked as in paragraph 10b, and the airport beacon is turned off. When all runwa are closed permanently, the runways are marked as in paragraph 10a, the airport • beacon is disconnected, and a cross is placed in the segmented circle or at centr location if no segmented circle exists. • d. Hazardous Areas. Hazardous areas, in which no part of an aircraft may enter, are indicated by use of barricades with alternate orange and white marking! The barricades are supplemented with orange flags at least 20 by 20 inches (50 by 50 cm) square and made and installed so that they are always in the extended posi- tion and properly oriented. For nighttime use, the barricades are supplemented with flashing yellow lights. The Intensity of the lights and spacing for barricad flags, and lights must be such to delineate adequately the hazardous area. e. Notices to Airmen (NOTAM's). The airport operator should provide infor- mation on closed or hazardous conditons to the local air traffic control facility J (control tower, approach control, center, flight service station) so that a NOTAM can be issued. f. Stabilized Areas. Holding bays, aprons, and taxiways are sometimes pro- vided with shoulder stabilization to prevent blast and water erosion. This stabi- lization may have the appearance of a full strength pavement but is not intended for aircraft use. Usually the taxiway edge marking will define this area, but con. ..ditions may exist such as stabilized islands or taxiway curves where confusion may exist as to which side of the edge stripe is the full strength pavement. Where such a condition exists, the stabilized area should be marked with 3-foot (1 m) stripes perpendicular to the edge stripes. On straight sections, the marks should be placed at a maximum of 100-foot (30 m) spacing. On curves, the marks should be placed a maximum of 50 feet (15 m) apart between the curve tangents. The stripes should be extended to 5 feet (1.5 m) from the edge of stabilized area or to 25 feel (7.5 m)-in length, whichever is less. S. Runway Shoulder Marking. Usually the runway side stripes will indicate the edges of the full strength pavement. However, conditions may exist, such as excep• tionally wide runways, where there is a need to indicate the area not intended for ,.. use by aircraft. In such cases, chevrons should be used. 11. TEMPORARY RUNWAY THRESHOLD DISPLACEMENTS. Identification of temporary runway threshold displacements should be located outboard of the runway surface. These could include outboard lights, Runway End Identification Lights (REILS), and markings. The extent of the marking and lighting should be directly related to the duration of the displacement as well as the ty;e and level of aircraft activity. r. t (THIS PAGE LEFT BLANK INTENTIONALLY) .-it 6/06/039 Safety Specification Guide SI; f:G?.! 1. Gzneral Safety Reauim^rnts: During parforrarce of this contract, tie airport rurT..ays, taxiways, and aircraft parking aprons shall remain in use rt aircraft to the rsxi.mm n extent possible. Aircraft Lie of areas near the contractor's work will be controlled to minimize distort-ance to the contractor's operation. The contractor shall not allow his/her anplcyees, subcontractors, s=ppliers, or arr; parson over whm. he/she has control t' enter or re-ain in any part cf the airport which wa.:ld be hazardous to pa --sons or t: airtz-aft operations. Wherever aircraft operations require, the (C—%-ntmc't:s�g Officer, Ergi.neer, etc.) ray order the contractor to suspar.d ope,~at:ons, rove plant, p r-sonrkl, ecuiFrnt, and materials to a safe location and stard t-y until aircraft use is ccr.pletcd. 2. Cbstoc! a P-c-e :!one (OF'_71 : Cznstr.:.:,.ion activity within an t✓stacle Free Zone will re:r-,ire closing part or all of the affeetcd r::..ay. Sze Fig,.:re 1. PM 3. Amroach C'_eat, -r-P to Rt--mmvs: Furrray landing thresholds shall be located to provide an unobs:ruc--ad approach surface with an approach ratio c.er er.;uip-rnt and arterial as shown on Figure 2. 4. Rum -ay and ? yi-.av Safety kreas: Construction activity Within a rurr..ay safety area will -require closing part or all of the affected n:.-way. ... Construction activity within taxiway safety areas/obstacle free areas is permissible when the taxiway• is open to aircz ft traffic if: a: Adequate wingtip/e.T-ennage clearance exists between the aircraft arid equiprmnt/sraterial , b. Excavations, txrexrhes, or other conditions are conspicuously marked ard 1 igtited . c. Notices to Air..Airren are in -effect concerning the activity, usually ':fin and eclui p - nt adjacent to Taxiway —. " Safety area di.:ensions are shown on Figures 4 and 5. 5. 7hrmhold Ntzrkirn and UchtiM a. T=.-porsry t?u�ashold rarking is.{.m - riot rcnuirod) . T.-rochold r7ar)rirq will be :`urnit`cd ry t-.e (airport a.7,er, eont-'ac..or, etc.) . b • Tc.POrJry t. ��^c�.t :old 1 i grit inq is ovewswed . not rcx,-s i :^cd) . licZtL-19 kill ce and rauntaincd by vic (airport v..ro-,r, etc. ) t: is y 6/06/S9 r� c. ^.'e-x ••ti► visu l aids (%'BSI, PAPI, REIL, etc.) are ' , not required) . :`:e visual aid(s) will be furnished and raintained by the (ai -pert cS.ne_r, Fes►, =nt_ractor, etc.) 6. Clc-.�d Rf-rrav YarluraiHnzird M,%rl'ir=: a. Clcsa-3 rLL-:..ay rare. ng is , not requi ed) . Closed rurn.ay rarU g shall be (as Shawn on the plans, furnished by the owner, etc.) . b. Hazard maxrk img and lighting shall be as required by the ( • , engineer, etc) , aT-d shall be as (described in t':e specifications, - • r 7. tehiTle a-nt:`4G3t4on and F'•r)-7im: a. Ccnt-rctor :vehicles and equipment shall be identified by (daseribe rarkirg and 1 ig`tig) . b. L-plcsee pazkiN shall he ( as designated by tye engineer, , *+*, airport ranger, etc.) . 8. Gito Access .+rdd NAul Roads: Armes to the job site shall be / designated by the engineer, c tm Ix r, airport ranger,. _v2r� ) 9. Radio CG--unicitions: Radio c=nmuni cat ions are (required between the - (not required). (Specify =%=ication rcquire.-ents in as r,:ucri detail as possible.) 6/06/89 y INNER -TRANSITIONAL • SURFACE OF_ � w r ��- RUNWAY OF: 3. � r A 6jO6/u9 b. 4p.--zc-h Clea-rance Over F.;_: ^z :rid Yat rial. (1) �: st •�?e- ne-'.%►' Z., in a rn zav may result in a read to d-,=lace t':e lardirq Vxsnold te:-=:crmrily. If an object p-are=mtes .a s surface wwn in Fiq. 2, displace the t.`ueshold to a point :•texe the surf-a.:a :.. t:ct penet:mta3. (2) u`f'c` do rrt ^•?mac-+•e these s,=f:`Still ray be c1=t'•L%Cicrs tz air navigation are./or ray affect staarc d inst.—Z'lt am. r ach proce:!=,es. Cx .---;i: ate V es,e with the Ai=pace and Pr=mdures B ~•�.:.'�, S.;-73J; and t.':e Flic�:t Pr=ce.:.^es net, :Sd-220, as neoessa.ri. • Rurrray 20 20:1 Threshold Location Surface Urcns ions S'r:a 11 Ai .;. ft Large ;U zrr a f t A 0 ( 200 B 2 S 0 ; 400 C ` -100 1000 { D :=�0 1500 , 7 6106/39 r '300. (2) w'ipn ec-.:irTr_nt or activity mist to en t n:,-.ay : rd a dec:sicn is rude to keep Far;. of =e rt:.z..ay open for air :aft, pir-. of t`.e rurr..ay imst be closed as s*.rcm in Fig. 3. 7he dirarsicns sr10.:1 ere rec=. r-*ded t however, a larcer closed a-rea than shay ray to necessarf deperdirxg on ai. rt use, level of activity,' pilot tec!-.nicrue, and equirnent heiqnt, and a wnalle- closed area may be pcssi: le under ssu circ-st:..xes. T`.ese ro=--man atiens are based on eosipmnt heig".ts of about 15 feet; h#:!:e_- cbjec-.s ray dui-e serial ctnsiderat:o:1. C2e:.o~ 'AxCa c:s: BLZ 500' OR 1000'---- iFt�nt1 i Use the following distames frvm the =.nstruction/=intenance activity to the relocated t.'^_eshold: Srall airr.3ft (12, 500 lbs. or less) - 500 ft. Large aixtraft (".ore than 12,5000 lbs.) - 1000 ft. r Fig. 3 ReloCated Zhrme:hold For Equipment an the Aur«ay I (THIS PAGE LEFT BLANK INTENTIONALLY) r AC 150/5370- 4 5/29/69 Appendix 3 Page I APPENDIX 3. SUGGESTED SPECIAL PROVISION FOR PROTECTION OF CABLES, CONTROLS, NAVAIDS AND WEATHER BUREAU FACILITIES The contractor is hereby informed that there are installed on the airport FAA NAVAIDS; including, without limitation, ASR, UHF and VHF Receivers and Transmitters; U.S. Weather Bureau facilities; electric cables and controls relating to such NAVAIDS and facilities, and other electric power cables serving other facilities. Such NAVAIDS, Weather Bureau and other facilities, and electric cables must be fully protected during the entire construction time. Work under this contract can be accomplished in the vicinity of these facilities and cables only at approved periods of time. Approval is subject to withdrawal at any time because of changes, in the weather, emergency conditions on the existing airfield areas, anticipation of emergency conditions, and for any other reason determined by the engineers acting under the orders and instructions of the airport management and/or the designated FAA representative. Any instructions to this contractor to clear any given area, at any time, by the engineers, the airport agnagement or the FAA control tower (by radio or other means) shall be immediately executed. Construction work will be commenced in the cleared area only when additional instructions are issued by the proper authorities. Power and control cables leading to and from any FAA NAVAIDS, Weather Bureau and other facilities, will be marked in the field by the engineers for the information of the contractor, before any work in their general vicinity is started. Thereafter, through the entire time of this construc- tion they shall be protected from any possible damage, including crossing with unauthorized equipment, etc. These special provisions intend to make perfectly clear the need for protection of FAA NAVAIDS, Weather Bureau and other facilities, and cables by this contractor at all times. - The contractor shall immediately repair, with identical material by skilled workmen, any underground cables serving FAA NAVAIDS, Weather Bureau and other airport facilities, which are damaged by his workmen, equipment,or work. Prior approval of the FAA must be obtained for the materials, workmen, time of day or night, method of repairs, and for any temporary or permanent repairs the contractor proposes to make to any FAA NAVAIDS and facilities damaged by the contractor. Prior approval of the engineer or of the representative designated by the airport management . must be obtained for the materials, workmen, time of day or night, and for the method of repairs for any temporary or permanent repairs the contractor proposes to make to any other airport facilities and ce.bles damaged by this contractor. Appendix 3 AC 150/5370-4 Page 2 5/29/69 It is recognized that the ( Sponsor ) Will incur.costs for employees, salaries, engineering fees, and otherwise in connection with the damage and inspection and repair of any such damage, caused by the contractor; and consequently that the ( Sponsor ) may incur loss of income by reason of the diversion of aircraft traffic from the airport resulting from interruption of the use of airport facilities; and that such expenses and loss of income are not measurable now and may not be reasonably ascertainable at the time of any incident caused by this contractor. The ( Sponsor—) and the contractor hereby agree to the assessment of liquidated damages in lieu of such expenses of other damages incurred by the ( Sponsor J. In addition to the obligation of this contractor to immediately repair any cables or facilities damaged by the contractor Within three feet of the location on the ground defined by the Engineer, as set forth above, the sum of $ 2,000.00 shall be deducted from any money due the contractor, or if no money is due the contractor, the ( Sponsor ) shall have the right to recover said sum ^ or sums from the contractor, from the surety, or.from both. The amount of these deductions are to cover liquidated damages to the sponsor incurred by additional and other expenses and damages arising from the incident or incidents caused by the contractor, and such deductions are not considered penalties. * Insert $500.00 for smaller airports, $1,000.00 for medium hub airports, and $2,000.00 for large hub airports. . U. S. GOVEMMLNT /WT24C orriCE . 1+ec 627-3012349 s, ECEIVED ,; ;::? 5 a971 .0. 1I. M; CCIA' �SSl N AU.Ws TIM-Z' 1A. ~ AC NO: 150/5370-7 DATE: 26 Apr 71 DVISOR`. sotRC CI U Al DEPARTMENT Of TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SUBJECT: AIRPORT CONSTRUCTION CONTROLS TO PREVENT AIR AND WATER POLLUTION 1. PURPOSE. This advisory, circular supplies guidance material on compliant with air and water standards during construction of airports developed under the Airport and Airway Development Act of 1970. This guidance is intended for the use of airport sponsors, sponsor's representatives, local governing bodies and their consultants, and Federal Aviation Administration Airports Service personnel. It will also be incorporate in a change to Advisory Circular 150/5370-lA, Standard Specifications for Construction of Airports, supplementing the material therein. 2. REFERENCES. Obtain additional copies of.this circular from the Department of Transportation, Distribution Unit, TAD-484.3, Washington, D.C. 20590. The following publications may be obtained from the Superintendant of Documents, U.S. Government Printing Office, Washington, D.C. 20402, 4t the prices noted. Checks or money orders should be made payable to the Superintendant of Documents. No c.o.d. orders are accepted. a. Advisory Circular 150/5370-lA, Standard Specifications for is Construction of Airports. Price $3.50. W b. Advisory.Circular 150/5320-5B, Airport Drainage. Price $1.00. 3. BACKGROUND. a. Section 16(c)(4) of the Airport and Airway Development Act of 1970 states it to be . . . "national policy that airport development projects shall provide for the protection and enhancement of the natural resources and the! quality of AC 150/5370-7 26 Apr 71 environment of the Nation." Also, in implementing this policy, the Secretary of the Department of Transportation (DOT) shall consult with the'£nvironmental Protection Agency (EPA) (as per Presidential Reorganization Plan No. 3 of 1970: Federal Register, Vol. 35, #194, 10/6/70)", with regard to the effect that any project involving airport location, a major runway extension, or runway location may have on natural resources including, but not limited to, fish and wildlife, natural, scenic, and recreational assets, water and air quality, and other factors affecting the environment. b. Section 16(e)(2) states: The Secretary of the DOT shall condition approval of any such project application on compliance during construction and operation with applicable air and water quality standards. (1) All states now have federally -approved water quality standards which are based on national standards set by the Federal Water Quality Administration of EPA. (2) The National Air Pollution Control Administration (EPA) is presently developing nationwide air quality standards. After adoption of national standards by EPA, the individual states will have nine months to develop their own. Until such time as all states have federally -approved air quality standards, FAA's district/regional offices may be contacted to determine applicable procedures to be followed during the interim. c. The foregoing background indicates clearly that all construction accomplished under the Airport Development Aid Program (ADAP) should be done in a manner which will protect, enhance, and retrieve a favorable environment. The following considerations of design and construction are aimed at developing a realistic meaningful means to achieve that concern for the environment. 4. OPEN*BURNING OF COHBUSTIBLE WASTES. Where State or local stipulations are insufficient to minimize air pollution or danger from open burning some or all of the following conditions should be made a part of con- struction contracts under ADAP: a. No tires, oils, asphalt, paint, or coated metals are permitted in combustible waste piles. b. Burning will.not be permitted within 1,000 feet of a residential or built-up area nor within 100 feet of any standing timber or flammable growth. C. Burning shall 'not be permitted unless the prevailing wind is away from a nearby town or built-up area. 3 Page 2 Par 3 26 Apr 71 AC 150/53 7C d. Burning shall not be'permitted during a local air inversion or other climatic condition as would result in a pall of smoke over a nearby town or 'built-up area. e. Burning shall not be permitted when the danger of brush or forest fires is made known by State, local, or Federal officials. f. The size and number of fires shall be restricted to avoid the danger of brush or forest fires. Burning shall be done under surveillance of a watchman, who shall have fire -fighting equip- ment and tools readily available. 5. ALTERNATIVES TO OPEN BURNING. a. Sound trees, stumps, and brush may be cut off within six inches above the ground and allowed to remain in areas outside of areas to be paved providing the depth of embankment will exceed three and one-half feet. Taproots and other projections over one and one-half inches in diameter shall be grubbed -out to a depth of at least l$ inches below the finished.subgrade or slope elevation. Spoil materials removed by clearing and grubbing may be buried outside of airport construction graded areas, paved or to be paved areas, existing or future runway sites, and taxiway safety or apron areas. b. Mood may be salvaged for firewood or commercial use, or it may be chipped and disposed of for use as mulch. c. Logs, brush, etc., may be removed to an authorized disposal area or disposed of to the general public without charge. 6. AIR POLLUTION CONTROLS. a. Common construction operations which may cause excessive dust include: (1) Quarry drilling and rock crushing. (2) Clearing, grubbing, and stripping. (3) Excavation and placement of embankment. (4) Cement and aggregate handling. (5) Cement or lime stabilization. (6) Blasting. 1 AC 150/5370-7 26 Apr 71 (7) Use of haul roads. (8) Sandblasting or grinding. b. Other construction items which may cause air pollution are: (1) Volatiles escaping from asphalt and cutback materials. (2) Use of herbicides or fertilizers. (3). Smoke from asphalt plants or from heater/planers. c. Control of dust and other air pollutants should be made the responsibility of the contractor and may include: (1) Drilling apparatus equipped with water or chemical dust controlling systems, (2) exposing the minimum area of land, (3) applying temporary mulch with or without seeding, (4) use of water sprinkler trucks, (5) use of covered haul trucks, (6) use of stabilizing agents in solution, (7) use of dust palliatives and penetration asphalt on temporary roads, (8) use of wood chips in traffic and work areas, (9) use of vacuum -equipped sandblasting systems, (10) use of plastic sheet coverings. (11) Restricting the application rate of herbicides to recommended dosage. Materials should be covered and protected from the elements. Application equipment and empty containers shall .not be rinsed and discharged so as to pollute a stream, etc., or the ground water. (12) Bituminous mixing plants shall be equipped with a dust collector, to waste or return.uniformly to the hot elevator all or any part of the material collected, as stated in specifications P-201 and P-401 in Advisory Circular 150/5370-1A. Page 4 ' Par 6 26 Apr 71 AC 150/537, (13) Delay of operations until climate or wind conditions dissipate or inhibit the potential pollutants (see paragraphs 6a and 6b) in a manner satisfactory to the engineer. 7. PMi NENT AND TEMPORARY WATER POLLUTION CONTROL (SOIL EROSION). a. In the design and construction of an airport consider permanent means for control or prevention of soil erosion not only to preserve and protect slopes, pavement, and other facilities " but also to reduce potential sources of water pollution. Such means include, but are not limited to, selection of appropriate gradients for backslopes and channels and provision of berms, . drainage features, soil stabilization, pavement, and turf to control or prevent erosion from wind or water. b. Construction shall include temporary pollution control measures t( ensure that soil erosion which might cause water pollution is kepi to a minimum. Such measures should be shown on the plans or ordered by the engineer and may consist of construction of .• berms, dikes, dams, drains and sediment basins, or use of fiber mats, woven plastic filter cloths, gravel, mulches, quick growing grasses, sod, bituminous spray, and other erosion control devices or methods. Drains, channels, and filter cloths are described in t Advisory Circular 150/5320.5B. (1) At the preconstruction conference, or prior to the start of the applicable construction, the contractor should be require to submit, for acceptance, his schedules for accomplishment of temporary erosion and pollution control work. He should also submit, for acceptance, his proposed method of erosion control on haul roads and borrow pits and his plan for disposal of waste materials or erosion control details for other potential sources of pollution. To the extent that such work is predictable, the specifications should identify erosion and pollution control items so that the contractor may consider them in the bid. (2) The contractor should be required to complete all permanent erosion control features at the earliest practicable time. Temporary pollution control measures should be used to correc unforeseen conditions that occur during construction or those that are needed prior to completion of permanent measures. Par 6_ AC 150/5370-7 26 Apr 71 (3) The engineer should limit the surface area of erodible earth material exposed by clearing and grubbing, excavation, or borrow and fill operations; and, require immediate installation of permanent or temporary pollution control measures to prevent contamination of adjacent streams or other watercourses, lakes, or ponds. The engineer's authority to order such work would be used for situations not foreseen by the plans and specifications. Under many conditions, the amount of surface area of erodible earth at one time should not exceed 750,000 square feet; however, the engineer may decide to specify other area dimensions to meet local and project conditions. To the extent possible, these limitations should be made a part of the plans and specifications. µ (4) If the permanent or temporary pollution control measures ordered by the engineer fall within the specifications for a work item that has a unit contract price, the work should be accomplished under a change order or supplemental agreement subject to the limitations as defined in the contract's general provisions. If the work is such that no quantities or prices were given in the contract, the work should be covered by a supplemental agreement submitted by the contractor and approved by the owner. Should the parties be unable to agree on unit prices or if this method is impractical, the / engineer may instruct the contractor to proceed with the work by / day labor or force account as defined in the general provisions. (5)' In the event that temporary erosion and pollution control measures are required -due- to- the contractor's negligence, carelessness, or failure to install permanent controls in a timely manner, then contract provisions should call for such work ,to be performed by the contractor at his own expense. (6) In case of repeated failures on the part of the contractor to control erosion/pollution, right should be reserved to the engineer to employ outside'assistince to provide the necessary 'corrective measures. Such incurred costs, plus related engineering costs, should be charged to the contractor and appropriate deductions made from the contractor's progress payments. (7) The erosion control features installed by the contractor should be acceptably maintained by the contractor during the time that construction work is being done. Page 6 Par 7 t r � 26 Apr 71 AC 150/5370- WATER 8. OTHER POLLUTION CONTROLS. a. The contractor should not be permitted.frequent fording of live streams with construction equipment; therefore, temporary bridges or other structures should be used wherever such crossings adversely affect sediment levels and an appreciable number of stye crossings are necessary. '• b. All waterways should promptly be cleared by the contractor of falsework, piling, debris, or other obstructions placed during construction work and not a part of the finished work. c. Water from aggregate washing or other operations containing sediment should be treated by filtration, a settling basin or other means sufficient to reduce the sediment content to not more than that of the stream, etc., into which it is discharged. d. Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials should not be discharged into or near rivers, streams, and impoundments or into natural or manmade ¢ channels leading thereto. Wash water or waste from concrete mixing or curing operations should not be allowed to enter live streams, etc. 4. CONFLICT WITH OTHER CONTROLS. a. In the event of conflict between these requirements and pollution control laws, rules, or regulations of other Federal, State, or local agencies, the more restrictive laws, rules, or regulations should apply. The sponsors' engineers should be responsible for i""` assuring compliance to the extent that construction practices, construction operations, and construction work are involved. �`•'_. b. Some states, municipalities, and pollution -control authorities ................ ==s have very specific regulations for air and water pollution controls For information, note that these may include requirements for: Use of smoke density charts; (2) measurement of weight and density (micrograms per cubic meter of air) of suspended particulate; (3). differentiation between allowable particulate limits by land uses, such as residential, commercial, or industrial; (4) permissible weights of emission in pounds/hour versus pounds/hour of material processed; Par 8 AC 150/5370-7 26 Apr 71 ~ �— open burnin • (5) g, P (6) dust collection systems for asphalt plants; (7) erosion control measures. 10. APPLICATION. a. The reco=ended controls mentioned in paragraphs 4 through 8 should be considered in the preparation of the plans and specifications. The engineer's report, accompanying the plans and specifications, "•'•` should cover erosion and air and water pollution prevention elements. b. Permanent control measures should be included in the construction contracts as bid items or should be included as incidental to other bid items. c. Similarly, temporary measures should be included as bid items or incidental parts hereof. d. The engineer may order the accomplishment of unanticipated control measures by change order, supplemental agreement, day labor, or force account. e. Permanent and, temporary control measures should be maintained by the contractor during the life of the contract. Thereafter, the airport owner should accept responsibility for maintenance of ~ permanent measures. ll.- HOW TO OBTAIN ADDITIONAL COPIES OF THIS PUBLICATION. Obtain additional copies of this circular, AC 150/5370-7, Airport Construction Controls ~. to Prevent Air and Water Pollution, dated 26 April 1971, from the Department of Transportation, Distribution Unit, TAD 484.3, Washington, D.C. 20590. CHESTER G. BOWERS Director, Airports Service Page 8 cr 0 9 to.:.e Par 9 F CURRENT WAGE DETERMINATIONS -43. (THIS PAGE LEFT BLANK INTENTIONALLY) I General Decision Number TX910028 Superseded Genera;, Deciai.on vo. �Xg()(rUl° State: TEXAS Construction Type: Highway County(iee): ECTOR MIDLAND RANDALL LubrlocK POTTER TAYLOR TOM GREEI HEAVY (excluding tunnels S dams) and HIGHWAY PROJECTS (does net include; buildit:g etr; enures in rest area projects) . Modification Number publication Date 1 121113/2991 Tx91(5028 - 1 COUNTY(ies): ECTOR Vol, ICLANO RANDA LL TOIL GREBN LUBBOCK POTTER TAYLOR Craft Group Name: Craft/Rate Text flock: SUTX2037A 2 11/13/±.991 -- Basic Fringe Hourly Benefits Rate ASPHALT HEATER OPERATOR $7.467 ASPHALT RAKER 7.267 ASPHALT SHOVELER 6.400 BATCHING WEIGHER 9.799 CARPENTER 8.153 CARPENTER HELPER 6.681 CONCRETE FINISHER -PAVING 7.496 CONCRETE FINIS:-IER ` ZWER PhN IC, 6.500 CONC"RETE FINISHER STRUCTURES 8 , 1_46 -- CONCRETE FINISHER HELPER S'IRUC:UPES 6.987 ELECTRICIAN 10.000 ELECTRICIAN HELPER 9.500 FLAGGER 5.500 FORM. BUILDER -STRUCTURES 6.021 FOR.X, BUILDER BRL.PER STRUCTURES 7.000 FORM SETTER -- PAVING & CURB 8.300 FORM SETTER HELPER -PAVING & CURB 6.307 TXV10028 - 2 r FORM SETTER -STRUCTURES 7.639 FORM SETTER HELPER STRUCTURES 6.479 LABORER -COMMON 6.018 LABORER UTILITY 7.102 MECHANIC 10.282. MECHANIC HELPER 8.000 OILER 0.233 SERVICER 7.823 PIPE LAYER 7.000 PIPE LAYER HELPER 6.250 ASPHALT DISTRIBUTOR OPERA:GR 7.972 ASPHALT PAVING VACHINE 8.167 BROOM OR SWEEPER OPERATOR 6.411 BULLDOZER 7.963 CONCRETE PAVING CURING MACHINE 9.100 CONCRETE P?►VZNG FINISHItm MACHINE 8.07S CONCRETE PA FYI G JOINT SEALER 7.750 CONCRETE PAVING SAW 10.063 CONCRETE PAVING SPREADER 9.100 RETNrnRCTNC STEEL MACHINE 6.500 SLIPFORM Y.9-017NE OPERATOR 9.000 CRANE, CLAMSHELL, BACY,HOE DERRICK, DRAGLINE, SHOVEL LESS THAN 1 1/2 C.Y. 6.574 CRANE, CLWSHELL, BACKHOE DERRICK, DRAGLINE, SHOVEL 1 1/2 C.Y. & OVER 20.043 CRUSHER OR SCREENING PLAN': OPERATOR 7.500 FOUNDATION DRILL OPERATOR CRAWLER MOUNTED 9.000 TX910028 - 3 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 10.750 FOUNDATION DRILL OPERATOR HELPER 7.050 FRONT END LOADER - 2 1/2 C.Y. & LESS 7.458 FRONT END LOADER - OVER 2 1/2 C.Y. 7.669 HOIST - DOUBLE DRtWT 8.100 MOTOR GRADER OPERATOR FINE GRADE 10.343 MOTOR GRADER 9.835 PA% :ENT MARKING MACHINE 9.150 PLANER OPERATOR 10.456 ROLLER, STEEL WHEEL PLXNT NTX PAVEMENTS 6.829 ROLLER, STEEL WHEEL OTHBR, FI.A': WHEEL OR TAM9ING G . 4 7 4 ROLLER, PNEUXXT'IC SELF--PROPx,LLED 6.455 SCRAPER-1 C.Y. & LESS 7.546' SCRAPER -OVER 17 C.Y. 1.655 SIDE BOOM 6.350 TRACTOR-CRA'ALER TYPE 150 HP hIN D LrSS 7.290 TRACTOR-vRF,WLER TYPE OVER 150 )iF 10.750 TRACTOR. - PNEUMATIC 7.422 REINFORCING STEEL SETTER PAVING 7.926 REINFORCING STEEL SETTER STRUCTURES 9.086 REINFORCING STEEL SETTER. HELPER 7.772 TX910028 - 4 STEEL WOO ' rR - STRUCTURAL - 9.000 STEEL I+OMR HELM STRUCTURAL 6.250 . SPREADER BOX OPERATOR 7.332 BAIRAICADE SE'RVICER WORK ZONE 6.500 TRUCK DRIVER -SINGLE AXLE LIGHT 6.592 TRUCK DRIVER -SINGLE AXLE HEAVY 6.791 TRUCK DRIVER -TANDEM AXLE SEMI TRAILER 7.130 TRUCK DRIVER-LOWBOY/FLOAT 8.866 TRUCK DRIVF.R-TRANSIT MIX 6.691 WELDER 11.627 WELDER HELPER 8.290 Unlisted classifications n6eded eor work rice irclude>id wi.trir. the sccpt: of the claezif4c4tions listed may ba added after award only as prov: ded in the labor s -andards contract clauses (29 CFR 5.5(a) 1(ii)). END OF GENEP.AI. DECISION TX910028 - 5 (THIS PAGE LEFT BLANK INTENTIONALLY) SPECIFICATIONS -44- (THIS PAGE LEFT BLANK INTENTIONALLY) r r SECTION 1 SALVAGE OF EXISTING FENCING MATERIALS DESCRIPTION 1-1.1 This item covers the requirements for temporarily relocating, then removing and salvaging, existing fencing materials, consisting primarily of existing barbed wire fencing with steel posts. Fencing shall be removed and salvaged at locations as shown on the drawings or as directed by the Engineer. DISPOSITION OF MATERIALS 1-2.1 All materials removed under this section of the specifications shall remain the property of the Owner. All salvaged material shall be delivered to a storage area on the Airport. The Contractor shall be responsible for unloading and stacking the material at the storage yard. Warning signs attached to the barbed wire fence and gates shall be removed and reattached to the new chain -link fencing and gates. r d CONSTRUCTION METHODS Where barbed wire is to be removed, the wire shall be removed from the posts, neatly rolled into rolls and wired to prevent accidental unrolling. Posts shall be removed, concrete removed from posts and the post holes filled flush with adjacent ground. Concrete removed from posts shall be disposed of off the Airport property. Existing gates to be removed shall be removed intact and delivered to the storage yard. r' Care should be taken in removing fencing to prevent excessive !: damage to the items being removed and to cause no damage to adjacent, existing construction which is to remain in place. Warning signs attached to the existing barbed wire fencing shall be removed and reinstalled of the new chain -link fencing at ,., approximately the same location. Removal of existing fencing shall be coordinated with the construction of the new fencing. Before construction is begun on a portion of new fencing, the existing fence shall be temporarily relocated approximately 20 feet inside the existing fence line. The relocated fence shall be constructed using salvaged fencing r materials. The relocated fence shall consist of salvaged fence i 1-1 I posts, driven into the ground at intervals of not more than 30 feet, with at lest three strands of salvaged barbed wire attached — to the posts. The construction of the relocated fence shall be adequate to maintain the perimeter of the Airport against the unauthorized intrusion of people and animals. Not more than one mile of existing fence shall be relocated at any one time. After completion of the new chain -link fencing, the relocated fence shall be removed and construction advanced to the next section. The Contractor is responsible for maintaining the security of the fence - within his work area, and shall be liable for breaches of security in that area. METHOD OF MEASUREMENT 1-4.1 All existing fencing and gates removed under this project and in accordance with these specifications will be measured for payment. Temporary relocation of fencing required by these specifications will not be measured or paid for directly,but shall be considered subsidiary to the construction of new fence. BASIS OF PAYMENT 1-5.1 Payment will be made at the contract unit price per linear foot for removal and salvage of existing fencing of the type shown on the drawings and in the proposal. Payment will be made at _ the contract unit price each for removal and salvage of existing gates shown on the plans and in the proposal. The unit prices shall be full compensation for all labor, equipment, tools and incidentals necessary to complete these items. END OF SECTION 1-2 7 SECTION 2 ITEM F-162 CHAIN -LINK FENCES I Item F-262 Chain -Link Fences of the project specifications shall be modified as follows: A I 1. Paragraph 162-1.1. Add the following at; a second sub- paragraph: '^ "The fences shall be products of a manufacturer who t has demonstrated by actual installations of a similar nature that its product is of the type !� required. The Contractor shall include all sup- plementary parts necessary or required for a com- plete and satisfactory installation within the true r. meaning and intent of the drawings. All runs of the fence shall present the same general appearance and the product of one manufacturer only will be accepted, except for items which do not influence r- the appearance of the completed fence. No used, rerolled, or open -seam steel shall be permitted in posts, gate frames, rails, or braces." 2. Paragraph 162-2.3 POSTS, RAILS AND BRACES. Delete the first subparagraph and insert the following: "Posts, rails, and braces furnished for use in conjunction with zinc -coated steel fabric shall be of zinc -coated steel." 3. Paragraph 162-2.3 POSTS, RAILS AND BRACES. Delete the third subparagraph and insert the following: "The dimensions of the posts, rails and braces shall be in accordance with Tables I through VII of Fed. Spec. RR-F-191/3 as modified herein. End, corner and pull posts shall be as specified except that all such posts for 6-foot fabric shall r^ be 2.875" O.D. pipe, 5.79 lbs. per foot. 6 Gate support posts shall be 4.000" O.D. pipe, 9.11 �.. lbs. per foot. Intermediate line posts for 6-foot fabric shall be 2.375" O.D. pipe, 3.65 lbs. per foot. r 2 -a e r Steel pipe used for top rails and braces shall be 1.660" O.D. or larger and shall weigh not less than 2.27 lbs. per foot. Weight of zinc coating shall be not less than 1.6 oz. per square foot." 4. Paragraph 162-2.4 GATES. Add the following as a second sub- paragraph: "All new gates shall be of the cantilever type, either single or double leaf or single swing type. General construction of all gates shall be as indicated on the drawings, or of similar construc- tion as approved by the Engineer. Every gate shall be provided with a locking device suitable for pad locking. Latches for gates shall be of the fork type. Gates shall have barbed wire top when in- stalled in fencing with barbed wire top." S. Add the following new paragraph: 11162-2.9 BOIL STERILANT. Soil sterilant shall be Stakill, applied at the rate of 1 pound per 100 square feet, or Primatol, applied at the rate of 1 pound per 50 square feet. Soil sterilant shall be applied along fencing as shown on the drawings. The soil sterilant shall be applied along an area 6-inches on either side of the new fence." 6. Add the following new paragraphs: "162-3.7 INSTALLING GATES. All gates shall be hung on gate fittings as shown on the plans. Gates shall be erected to slide or swing in the direction indicated and shall be provided with gate stops. All hardware shall be thoroughly secured, properly adjusted, and left in perfect working order. Supports and diagonal braces in gates shall be adjusted so that the gates will hang level. — 162-3.6 EXISTING FENCE CONNECTIONS. Whenever the new fence joins an existing fence, either at a corner or at the intersection of straight fence lines, a corner post with a brace post shall be set at the junction and braced the same as herein described for corner posts or as shown on drawings. If the connection is made at other than the corner of the new fence, the last span of the old fence shall contain a brace span. 2-b r 162-3.9 EXISTING SIGNS. Existing warning signs attached to the barbed wire fencing and gates shall be removed and reattached to the new chain -link fencing and gates in r' approximately the same location. The method of attach- ment shall be approved by the Engineer." i 2-c (THIS PAGE LEFT BLANK INTENTIONALLY) SECTION 2 ITEM F-162 CHAIN -LINK FENCES DESCRIPTION t., 162-1.1 This item shall consist of furnishing and erecting a chain -link fence in accordance with these specifications and the details shown on the plans and in conformity with the lines and grades shown on the plans or established by the Engineer. i MATERIALS 162-2.1 FABRIC. The fabric shall be woven with a 9-gauge galvanized steel wire in a 2-inch (50 mm) mesh and shall meet the requirements of ASTM A 392, Class II. 162-2.2 BARBED WIRE. Barbed wire shall be 2-strand 12-1/2 gauge zinc -coated or aluminum -coated wire with 4-point barbs and shall conform to the requirements of ASTM A 121, Class 3 or ASTM A 585, Class II. 162-2.3 POSTS, RAILS AND BRACES. Posts, rails, and braces furnished for use in conjunction with zinc -coated steel fabric or with aluminum -coated steel fabric shall be of zinc -coated steel or acrylic -coated steel pipe, and those furnished for use in conjunction with aluminum alloy fabric shall be aluminum alloy. Line posts, rails, and braces shall be galvanized steel pipe conforming to the requirements as follows: Galvanized steel pipe shall conform to the requirements of ASTM F 1083. The dimensions of the posts, rails, and braces shall be in accordance with Tables I through VI of Fed. Spec. RR-F-191/3. 162-2.4 GATES. Gate frames shall consist of galvanized steel pipe and conform to the specifications for the same material under paragraph 162-2.3. The fabric shall be of the same type material as used in the fence. 162-2.5 WIRE TIES AND TENSION WIRES. Wire fabric ties, wire ties, and tension wire for use in conjunction with a given type of fabric shall be of the same material identified with the fabric type. The tension wire shall be 7-gauge coiled spring wire coated similarly to the respective wire fabric being used. 2-1 Wire fabric ties shall be hog rings, aluminum wire, or galvanized - steel wire not less than 9 gauge. All material shall conform to Fed. Spec. RR-F-191/4. 162-6 MISCELLANEOUS FITTINGS AND HARDWARE. Miscellaneous steel fittings and hardware for use with zinc -coated steel fabric shall be of commercial grade steel or better quality, wrought or cast as appropriate to the article, and sufficient in strength to provide a balanced design when used in conjunction with fabric posts, and wires of the quality specified herein. All steel fittings and _ hardware shall be protected with a zinc coating applied in conformance with ASTM A 153. Barbed wire support arms shall withstand a load of 25 pounds (113 kg) applied vertically to the outermost end of the arm. 162-2.7 CONCRETE. Concrete shall be of a commercial grade with a minimum 28-day compressive strength of 2500 psi (13 700 kPa). 162-2.8 - MARKING. Each roll of fabric shall carry a tag showing the kind of base metal (steel, aluminum, or aluminum alloy number), _ kind of coating, the gage of the wire, the length of fencing in the roll, and the name of the manufacturer. Posts, wire, and other fittings shall be identified as to manufacturer, kind of base metal (steel, aluminum, or aluminum alloy number), and kind of coating. CONSTRUCTION METHODS 162-3.1 CLEARING FENCE LINE. All trees, brush, stumps, logs, and other debris which would interfere with the proper construction of the fence in the required location shall be removed a minimum width of 2 feet (60 mm) on each side of the fence centerline before starting fencing operations. The material removed and disposed of shall not constitute a pay item and shall be considered incidental to fence construction. 162-3.2 INSTALLING POSTS. All posts shall be set in concrete at the required dimension and depth and at the spacing shown on the plans. The concrete shall be thoroughly compacted around the posts by tamping or vibrating and shall have a smooth finish slightly higher than the ground and sloped to drain away from the posts. All posts shall be set plumb and to the required grade and alignment. No materials shall be installed on the posts, nor shall the posts be disturbed in any manner within 7 days after the individual post footing is completed. Should rock be encountered at a depth less than the planned footing depth, a hole 2 inches (50 mm) larger than the greatest dimension of the posts shall be drilled to a depth of 12 inches (300 mm). 2-2 1 After the posts are set, the remainder of the drilled hole shall be filled with grout, composed of one part portland cement and two parts mortar sand. Any remaining space above the rock shall be filled with concrete in the manner described above. In lieu of drilling, the rock may be excavated to the required footing depth. No extra compensation shall be: made for rock excavation. 162-3.3 INSTALLING TOP RAILS. The top rail shall be continuous and shall pass through the post tops. The coupling used to join the top rail lengths shall allow for expansion. 162-3.4 INSTALLING BRACES. Horizontal brace rails, with diagonal truss rods and turnbuckles, shall be installed at all terminal posts. 162-3.5 INSTALLING FABRIC. The wire fabric shall be firmly attached to the posts and braced in the manner shown on the plans. All wire shall be stretched taut and shall be installed to the required elevations. The fence shall generally follow the contour of the ground, with the bottom of the fence fabric no less than 1 inch (25 mm) or more than 4 inches (100 mm) from the ground surface. Grading shall be performed where necessary to provide a neat appearance. At locations of small natural swales or drainage ditches and where it is not practical to have the fence conform to the general contour of the ground surface, longer posts may be used and multiple strands of barbed wire stretched thereon to span the opening below the fence. The vertical clearance between strands of barbed wire shall be 6 inches (150 mm) or less. 162-3.6 ELECTRICAL GROUNDS. Electrical grounds shall be constructed where a power line passes over the fence. The ground shall be installed directly below the point of crossing. The ground shall be accomplished with a copperclad rod 8 feet (240 cm) long and a minimum of 5/8 inch (15 mm) in diameter driven vertically until the top is 6 inches (150 mm) below the ground surface. A No. 6 solid copper conductor shall be clamped to the rod and to the fence in such a manner that each element of the fence is grounded. Installation of ground rods shall not constitute a pay item and shall be considered incidental to fence construction. 7 METHOD OF MEASUREMENT 162-4.1 Chain -link fence will be measured for payment by the linear foot (meter). Measurement will be along the top of the l 2-3 i fence from center to center of end posts, excluding the length occupied by gate openings. Gates will be measured as complete units. BASIS OF PAYMENT 162-5.1 Payment for chain -link fence will be made at the contract unit price per linear foot (meter). Payment for driveway or walkway gates will be made at the contract unit price for each gate. The price shall be full compensation for furnishing all materials, and for all preparation, erection, and installation of these materials, and for all labor equipment, tools, and incidentals necessary to complete the item. Payment will be made under: Item F-162-5.1 Chain -Link Fence --per linear foot (meter) Item F-162-5.2 Driveway Gates --per each Item F-162-5.3 Walkway Gates --per each MATERIAL REQUIREMENTS ASTM A 121 Zinc -Coated (Galvanized) Steel Barbed Wire ASTM A 123 Zinc (Hot Galvanized) Coatings on Products Fabricated from Rolled, Pressed, and Forged Steel Shapes, Plates, Bars, and Strip ASTM A 153 Zinc Coating (Hot -Dip) on Iron and Steel Hardware ASTM A 392 Zinc -Coated Steel Chain -Link Fence Fabric ASTM A 491 Aluminum -Coated Steel Chain -Link Fence Fabric ASTM A 569 Steel, Carbon (0.15 Maximum, Percent), Hot Rolled Sheet and Strip Commercial Quality ASTM A 570 Hot -Rolled Carbon Steel Sheet and Strip Structural Quality ASTM A 572 High -Strength Low -Alloy Columbium -Vanadium Steels of Structural Quality 2-4 ASTM A 585 Aluminum -Coated Steel Barbed Wire ASTM B 221 Aluminum -Alloy Extruded Bars, Rods, Wire Shapes and Tubes ASTM F 668 Poly(vinyl Chloride)(PVC)-Coated Steel Chain - Link Fence ASTM F 1083 Pipe,Steel, Hot -Dipped Zinc -coated (galvanized) Welded, for Fence Structures ASTM F 1183 Aluminum Alloy Chain Link Fence Fabric ASTM F 1234 Protective Coatings on Steel Framework for Fences Fed. Spec. Fencing, Wire and Post, Metal (Chain -Link RR-F-191/3 Fence Posts, Top Rails and Braces) Fed. Spec. Fencing, Wire and Post, Metal (Chain -Link RR-F-191/4 Fence Accessories) END OF ITEM F-162 t r P 2-5 f�f (THIS PAGE LEFT BLANK INTENTIONALLY) SECTION 3 ALUMINUM SIGNS DESCRIPTION 3-1.1 This item covers the furnishing and installation of aluminum signs on new fences and gates. MATERIALS AND CONSTRUCTION METHODS 3-2.1 Signs shall be constructed of aluminum sheet and shall �.. meet the requirements of Item 636, Aluminum Signs (Type A) of the Standard Specifications of the Texas State Department of Highways and Public Transportation. Coloring, messages and lettering shall be as shown in the drawings. Signs shall be attached to chain -link fences and gates in a manner approved by the Engineer. MEASUREMENT AND PAYMENT 3-3.1 Aluminum signs will be measured and paid for on a square foot basis. This price shall be full compensation for furnishing all materials and for all installation. END OF SECTION 3-1 r 4 (THIS PAGE LEFT BLANK INTENTIONALLY) SPECIAL CONDITIONS -45- (THIS PAGE LEFT BLANK INTENTIONALLY) r-- r r t SPECIAL PROVISIONS SP-1. SCOPE OF WORK The work to be accomplished under these specifications, including the drawings, consists of the removal of existing barbed wire. fencing with steel posts, the installation of approximately 45, 000 linear feet of 6-foot chain -link fencing, cantilever sliding gates, and other related items of work. All labor, materials and equipment necessary to complete �. the work called for in these specifications and shown on the plans shall be furnished by the Contractor. Payment for the various items of work will be made as specified under the various payment paragraphs of the technical sections. r SP-2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordancewith the Contract Documents described in the General Conditions. The Drawings included in the documents consist of the plans entitled "City of Lubbock, Texas, Lubbock International Airport, Security Fencing Improvements," dated January, 1992. r" All bidders shall be thoroughly familiar with all of the drawings and specifications. The contractor shall be responsible for the satisfactory completion of all work shown on the drawings as specified. The intent of the plans and specifications is to prescribe a complete work or improvement which the Contractor undertakes to do in full compliance with the plans, the specifications, the special provisions, proposal, and contract. �^ The Contractor shall do all work including such additional, extra, and incidental work as may be considered necessary to complete the project in a satisfactory and acceptable manner, as provided in the �. specifications, special provisions, or contract, all materials, equipment, tools, labor and incidentals necessary to prosecute the completion of the work. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance Bond, Special Bonds (if any), Proposal, Special Provisions, Notice to Bidders, Instructions to Bidders, r. Technical Specifications, Plans and General Conditions of the Agreement. 7 SP-1 SP-3. TIME AND ORDER OF COMPLETION The Contractor will be permitted to prosecute certain portions of the work in the order and manner of his own choosing to the best interest of the project. However, the work shall be conducted in such manner and with such materials, equipment and -~ labor as may be required to insure completion in accordance with the plans and specifications within time stated in the Proposal and in the Contract. The Contractor shall furnish the Engineer with his proposed progress schedule and this schedule shall be approved by the Engineer before work is commenced on the project. Other contractors will be performing work for the Owner in the same general area as that covered under this contract. The Contractor shall be expected to coordinate his work with the work of other contractors as may be required to insure that all work can be carried out with the least possible interference with the operation of other contractors or the Owner. The Contractor's coordination with other contractors shall require the approval of the Engineer. The Engineer reserves the right to control and direct the sequence of operations in the areas where others will be working. Provision shall be made for other contractors to have suitable space to work and for storage of materials, as well as access to these areas. The Contractor shall schedule his work well in advance of _. actual operations and shall keep the Engineer advised of this schedule so that close coordination can be maintained with the Director of Aviation and with other contractors. Existing fencing will be replaced in sections. Before construction is begun on new fencing, the existing fencing in that section shall be temporarily relocated approximately 20 feet inside the existing fence line. The relocated fence shall be constructed using salvaged fencing materials. The relocated fence shall consist of salvaged fence posts driven into the ground at intervals of not more than 30 feet, with at least three strands of salvaged barbed wire attached to the posts. The construction of the relocated fence shall be adequate to maintain the perimeter of the Airport against the unauthorized intrusion of people and animals. Not more than one mile of existing fence shall be relocated at any one time. After completion of the new chain -link fencing, the relocated fence shall be removed and construction advanced to the next section. The Contractor is responsible for maintaining the security of the fence within his work area, and shall be liable for breaches of security in that area. SP-4. LIMITATION OF OPERATION Each item of work shall be completed without delay'and in no instance shall the Contractor be permitted to transfer his forces from uncompleted work to new work without the permission of SP-2 i r tthe Engineer. The Contractor shall be required to submit a schedule of operations to the Engineer for approval. The Contractor shall not commence new work to the prejudice of work 1 already started. The Contractor shall take all precautions necessary to r insure the safety of operating aircraft and their passengers as well as that of his own equipment and personnel. Special considerations shall be given to flight schedules and other r aircraft operations. The Contractor shall obey all instructions as to routes to be taken by equipment traveling within the airport area. The Contractor shall provide all such equipment with a flag r„ on a staff so attached to the equipment that the flag will be readily visible. The flag shall be not less than three feet square consisting of a checkered pattern of international orange and white squares of not less than one foot on each side. During nighttime work, the Contractor shall provide such equipment with approved flashing lights so attached to the equipment that the lights will be readily visible. The Contractor shall make his own estimate of �- all difficulties to be encountered. Equipment not actually in operation shall be kept clear of landing areas; personnel shall not enter areas of the airport where aircraft are operating without specific permission. All operations shall be coordinated, through the Engineer, with the Director of Aviation, to the end that no interference with aircraft traffic on active runways, taxiways or aprons will result from the operations of the Contractor. Construction activities will not be allowed within the safety areas of any activerunway or taxiway. The taxiway safety area is defined as the area within 131 feet of the centerline of any taxiway or taxilane. The runway safety area is defined as the area 250 feet of the centerline of any runway when aircraft are operating under Visual Flight Rule (VFR, clear weather) conditions, or, within 570 feet of the centerline of any runway when aircraft are operating under Instrument Flight Rule (IFR, inclement weather) conditions. VFR or IFR conditions shall be determined by the Lubbock Air Traffic Control.Tower personnel. The Contractor shall maintain flagmen, as may be required, to direct his construction traffic if it becomes necessary for such traffic to cross or travel along any active taxiway or runway. Traffic shall be directed away from these facilities whenever possible and no traffic shall ever cross an active runway or taxiway without having proper clearance from the control tower. The Contractor shall exert every effort to maintain the safety of aircraft traffic and shall acquaint himself with the rules and regulations concerning aircraft traffic. safety. Violations of the safety rules by the Contractor's workmen shall result in the discharge of such men in accordance with the General SP-3 Conditions. Continued violations of safety rules and regulations by the Contractor, after having been notified of such violations by the Engineer, shall constitute grounds forsuspending the Contractor's operations until steps are taken that will insure a safe operation. The Contractor shall be required to equip vehicles used by the superintendent or foreman on the project with a radio receiver/transmitter(s) for maintaining direct communication with the FAA control tower at Lubbock International Airport. Communication will be required at a frequency of 121.9 MHz for Lubbock ground control. Radio contact shall be required when construction operations are in the vicinity of, or when crossing any active runway, taxiway, or apron, or as directed by the Engineer. The Contractor shall have an adequate number of radios to maintain communication in all areas of work. -. The Contractor shall provide an area for parking all equipment not being used for construction purposes, and for parking of employee vehicles. This area shall be located 'away from the operational area of the airport in an area approved by the Engineer and the Director of Aviation. No employee or other unauthorized vehicles will be allowed within the operational area of the airport. Hauling routes shall not be along or across any paved airport street, road, apron, taxiway or runway without specific written authorization from the Engineer and the Director of Aviation. Any damage incurred by the Contractor's equipment shall be repaired by and at the expense of the Contractor, and as required by the Engineer and the Director of Aviation. The successful Bidder shall be subject to a pre -award review by the Office of Compliance and Security, Equal Opportunity Division, Federal Aviation Administration, to determine previous compliance status of the Contractor. The Contractor shall be subject to a pre -construction conference to discuss phasing and project safety control after award of contract. SP-5. - AIRPORT OPERATIONS SECURITY SP-5.1 General Airport security is a vital part of the Contractor's responsibilities during the course of this project. Airport security, nationwide, has come under close scrutiny in the last few years. The following security guidelines and the rules and regulations of the Lubbock International Airport Police Department (LIAPD) and the Federal Aviation Administration (FAA) shall be followed by the Contractor and the Contractor's employees, subcontractors, suppliers or representatives at all times during SP-4 r n t 1 the execution of this project. The Contractor shall be directly responsible for any and all fines or penalties levied against the Airport as a result of any breach of security or safety caused by the Contractor or the Contractor's employees, subcontractors, suppliers or representatives. SP-5.2 Airport operations Area (AOA) The Airport operations area (AOA) shall be defined 'as any portion of the Airport property normally secured against unauthorized entry. The AOA includes all areas specifi- cally reserved for the operations of aircraft and aircraft support equipment and personnel. Generally, the AOA is defined by the Airport's outer security fencing and other security measures at the Airport terminal building. SP-5.3 LIAPD-Issued Security Badges The Contractor shall be responsible for obtaining a photo -identification security badge issued by the LIAPD for each supervisor or foreman of each work crew working within the AOA. The Contractor shall obtain LIAPD security badges for at least one member of each work crew working in separate areas of the AOA. It is the intent of these specifications that a I I 4ndiv_ dua-Is a Contractor -issued identification badge, as specified below. AND be escorted or directly supervised by an individual displaving a current LIAPD security badge. The Contractor may obtain LIAPD security badges from the Lubbock International Airport Police Department at the Lubbock International Airport. The LIAPD reserves the right to limit the number of security badges issued to the Contractor. The LIAPD will charge the Contractor a twenty-five dollar ($25.00) fee for each security badge issued. An additional fee will be charged, as noted later in this section, for lost or destroyed badges. t The LIAPD security badges shall be worn in an easily visible location on the person issued the badge at .all times while working within the AOA. The badge holder shall be familiar with and shall obey all security and safety rules and regulations. The LIAPD security badge may be confiscated and all security rights revoked by the LIAPD upon the breach of any security or safety regulations at the discretion of the LIAPD. The holder of an LIAPD security badge shall surrender the badge at the completion of this project, upon transfer or termination of employment, or at any r' other time at the request of the LIAPD. The Contractor shall conduct a background check r., of each applicant for an LIAPD security badge utilizing standard j background check forms provided by the LIAPD. The Contractor shall be responsible for completing the required forms, and for 7 SP-5 submitting the forms to the LIAPD for their review as early in the project as possible to avoid any construction delays. Forms for completing the required background check shall be available through the Director of Aviation's office after award of the project. The background check shall show proof of a minimum five (5) year employment record and will be reviewed by the LIAPD. The LIAPD shall be responsible for reviewing the background checks. Only persons whose application is approved by the LIAPD shall be issued security badges. The LIAPD reserves the right to bar from the AOA - any individuals found by the background check to be, in the opinion of the LIAPD, a risk to AOA security or safety. At the completion of this project, the "- Contractor shall return all LIAPD-issued security badges to the LIAPD. The LIAPD will charge an additional twenty-five dollar ($25.00) fee for each lost or destroyed LIAPD-issued security - badge. All LIAPD-issued security badges must be accounted for and surrendered at the completion of this project. Failure to account for and surrender all LIAPD-issued security badges will constitute grounds for withholding retainage from the final pay estimate amount. SP-5.4 Contractor -Issued Identification Badges The Contractor shall be responsible for the identification of each of the Contractor's employees, subcontrac- tors, suppliers and representatives while these individuals operate -- within the AOA. The Contractor shall be responsible for issuing identification badges to each of the Contractor's employees, subcontractors, suppliers and representatives operating within the AOA. The Contractor shall maintain a record of all persons issued a Contractor's identification badge. This record shall include the home address and telephone number of each person issued a badge. The Contractor's record of all employees issued an identification badge shall be made available upon the request of the LIAPD, the Director of Aviation or the Engineer. The format and content of the Contractor -issued identification badge shall be approved by the LIAPD prior to issuing. The identification badge shall display the Contractor's company name, the employee's name, and the badge's effective and expiration dates, and shall be plastic -laminated with a clip -on or pin -on method of attaching the badge to the holder's outer clothing. The identification badge shall be worn in an easily visible location on the person issued the badge at all times while operating within the AOA. Contractor -issued identification badge shall not be transferable from individual to individual, but shall be issued to and carried by the specific employee, subcontractor, supplier or representative, issued the badge. The Contractor - issued identification badges shall be renewed by the Contractor every thirty (30) days during the project construction period. The SP-6 Contractor shall be responsible for all Contractor -issued identifi- cation badges. All expired identification badges or badges r invalidated by termination of the holder's employment, completion of construction activities, or other reasons, shall be confiscated by the Contractor and retained by the Contractor until the end of r` the project. It shall be the Contractor's responsibility to record and account for all Contractor -issued identification badges. All identification badges issued by the Contractor during the project �. and the records of said 'badges shall be transferred to the possession of the LIAPD at the completion of the project. The Contractor -issued identification badge does not allow unlimited access to all areas within the AOA, but will permit only escorted or directly supervised access to only those portions of the AOA under construction by the Contractor. Every at all times. All individual employees, subcontractors, suppliers or representatives, or groups of employees, subcontractors, suppliers or representatives, must be escorted or directly supervised by an individual bearing a valid LIAPD-issued security badge at all times while within the AOA. Persons within the AOA not possessing a valid LIAPD-issued security badge, or escorted or directly supervised by an individual possessing a valid LIAPD- issued security badge, shall be considered in violation of LIAPD security requirements and shall be subject to immediate removal from the AOA and any other disciplinary actions necessitated by LIAPD security arrangements. SP-5.5 Contractor's Entrance Gate The Contractor shall provide an entrance gate to the AOA for the Contractor's employees, subcontractors, suppliers and representatives at a location directed by the -Engineer. This entrance gate shall be provided, installed, and, at the end of all construction activities, shall be removed, and the existing fence reinstalled to the satisfaction of the Engineer, by the Contractor at no additional expense to the Owner. Adjacent to the Contractor's entrance gate, outside the AOA, the Contractor shall provide a parking area for the Contractor's employees' personal automobiles. This area may also be used for storage of the Contractor's equipment and materials. The limits of this parking/storage area shall be as directed by the Engineer. At the completion of this project, any damage done by the Contractor to this storage area shall be repaired to the satisfaction of the Engineer at no additional cost to the Owner. Repairs shall include, but not be limited to, regrading and reseeding any damaged areas. The Contractor shall be responsible for, and shall control all movement through, the Contractor's entrance gate. Only authorized personnel and vehicles shall be allowed to enter the AOA through this gate. When not in immediate use by the i' SP-7 r e Contractor, the gate shall be securely locked by the Contractor to prevent entrance by unauthorized persons or vehicles. Upon request, the Contractor shall provide the Director of Aviation and the LIAPD with duplicate keys (for key locks) or combinations (for combination locks) to the lock or locks used by secure the Contractor's entrance gate to the AOA. If construction activities, such as hauling materials, require that the Contractor's entrance gate to the AOA remain open for long periods of time, the Contractor may, upon approval from the Engineer, leave the gate open and provide a full- time watchguard at the gate. The watchguard shall be approved for and shall possess an LIAPD-issued security badge. If this security arrangement is desired and approved, the gate shall be manned by the watchguard as long as the gate remains open. The watchguard shall be the Contractor's representative and shall be responsible �- for all movement through the gate. Again, only authorized persons and vehicles shall be allowed by the Contractor's watchguard to enter the AOA. At the Contractor's option, and upon approval of the Engineer, an automatic gate operator may be installed in lieu of providing a watchguard. SP-5.6 Vehicle Escorts All vehicles responsible to the Contractor, such as supplier's vehicles, entering the AOA shall be escorted by an approved Contractor escort vehicle from the point of AOA entry to the construction site. The escort vehicle shall be clearly identified with standard FAA markings and/or FAA flags. In addition, the escort vehicle shall be marked with the Contractor's name. The escort vehicle will be responsible for leading supply, delivery .or other vehicles across the active airfield. To facilitate safe movement of the escort vehicle and the escorted vehicles, the driver of the escort vehicle shall be approved for, shall be issued, and shall display an LIAPD security badge. Further, the escort vehicle driver shall be familiar with airport security and safety procedures. The escort vehicle shall be equipped with an FAA radio, as specified herein, and the driver of the escort vehicle shall be familiar with the FAA radio and its operation, and shall obey all instructions from the Air Traffic Control Tower. SP-5.7 Challenging Unauthorized Personnel or Vehicles The Contractor and the Contractor's employees, subcontractors, suppliers, and representatives who have been issued an LIAPD security badge shall be responsible for challenging any person or vehicle found on the AOA or other non-public areas who is not displaying a valid LIAPD security badge, or who cannot produce a valid LIAPD security badge, or who is not under escort or under the direct supervision of a person possessing a valid LIAPD security badge. The challenge shall consist of notifying the SP-8 r r n Z person that he is within a restricted area, and informing the person of an appropriate exit route. Should the unauthorized person refuse to exit the restricted area, the LIAPD shall be immediately notified for further action, and the unauthorized person shall be kept under surveillance until the LIAPD arrive. Any expired or altered badge, or any badge bearing a photograph not matching the bearer, shall be brought to the attention of the LIAPD and shall be immediately confiscated by the LIAPD or the Director of Aviation. SP-5.8 Cranes or Hoists Any construction activity utilizing a crane or any other hoisting device shall have the prior written approval of the Federal Aviation Administration. The Contractor shall be responsible for filing the prescribed forms for airspace clearance in accordance with Part 77 of the Federal Aviation Regulations. Applications for airspace clearance must be submitted at least thirty (30) days prior to the beginning of construction activities. To avoid construction delays, the Contractor is urged to file the prescribed forms in a timely manner. Airspace clearance from the FAA must be approved prior to the erection of the crane or other hoisting device. When requesting approval for the use of a crane or other hoisting device, the following information is required: 1. Exact location of construction activities utilizing a crane or other hoisting device. 2. Maximum extendable height of crane or other hoisting device. 3. Duration of construction activities utilizing a crane or other hoisting device. 4. Daily hours of operation of crane or other hoisting device. The top of the crane or other hoisting device shall be marked with a 3-foot square safety orange and white checkered flag. The crane or other hoisting device shall be lowered at night or at the conclusion of construction activities, or during periods of poor visibility (ILS conditions) as directed by the Director of Aviation or the Engineer, or at any other time at the direction off the Director of Aviation or the Engineer. The Contractor shall notify the Engineer and pirector of Aviation at least forty-eight (48) hours prior to actual erection of the crane or other hoisting device. SP-9 SP-6.- PAYMENT Partial payments and final payment for work covered herein will be made in accordance with the provisions of the GENERAL CONDITIONS. SP-7.. AFFIDAVIT OF BILLS PAID Prior to final acceptance of this project by the Owner, the Contractor shall execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of these improvements, have been paid in full, including any retainage, and that there are no claims pending, of which he has been notified. SP-8. CALENDAR DAY Time for completion of the project and for liquidated damages shall be in accordance with the provisions of the GENERAL CONDITIONS, Paragraph GC-33. A calendar day is defined as every day shown on the calendar. SP-9. PROTECTION OF PROPERTY The Contractor shall exercise care to prevent damage to all structures, either above or below ground, including buildings, _ fences, pipelines, utilities, roads, etc., whether publicly or privately owned and including work performed by others. The Contractor shall be responsible for locating all underground facilities that might be damaged by the proposed construction. The Contractor shall be responsible for all damage done to either public or private property during the course of construction except as specifically provided otherwise in these specifications. SP-10. ELECTRIC POWER AND NATURAL GAS The Contractor shall make his own provisions for his electrical, natural gas and other fuel requirements and shall pay for electricity, gas or fuel consumed during the construction of the project. The Contractor shall construct his own service lines and such construction shall be in strict accordance with all _ applicable codes and laws. SP-11. LINES AND GRADES The Engineer will take all measurements necessary for the determination of the amount of work performed under the various items for which payment is provided. Whenever necessary, work will - be suspended to permit this work, but such suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation therefor. SP-10 F 7 The Contractor shall satisfy himself as to the accuracy r of all measurements before constructing any permanent structure and shall not take advantage of any errors which may have been made in laying out the work. Such stakes and markings as the Engineer may set for either his own or the Contractor's guidance shall be scrupulously preserved by the Contractor. In case of negligence on the part of the Contractor or his employees, resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing same may be deducted from subsequent estimates due the Contractor, at the discretion of the Engineer. SP-12. WATER FOR CONSTRUCTION The Contractor shall make his own provisions for his water requirements and shall pay for all water consumed during the construction of the project. The Contractor shall make his own arrangements for connections to existing water mains and fire hydrants and piping or hauling the water to the point where the water is required, all at his own expense. SP-13. PROGRESS SCHEDULE Within fourteen (14) days after award of the contract, the Contractor shall submit a progress schedule for the project. The progress schedule shall be prepared in a form suitable to the Engineer and shall show the proposed starting and completion dates for each phase of construction and each item of work within each phase. The progress schedule shall include a "Percent Complete Curve," with the monthly amount, cumulative amount and cumulative percent. The progress schedule, when submitted in suitable form and provided the schedule indicates certain completion of the project within the time specified, will be approved in writing by the Engineer. Revisions or changes in the approved progress schedule may be made only with approval of the Engineer. SP-14. PUBLIC CONVENIENCE AND SAFETY Materials stored on the airport shall be so placed and the work shall, at all times, be so conducted as to cause no greater obstruction to the air and ground traffic than is considered necessary by the Engineer. In protecting operational areas, the minimum clearances maintained for runways shall be in agreement with Part 77 of the Federal Aviation Regulations. During construction of the project, the Contractor shall also maintain operational safety on the Airport in accordance with FAA's Advisory Circular 150/5370-2C, "Operational Safety on Airports During Construction." No runway, taxiway, apron, or roadway shall be closed or opened except by express permission from the Engineer and Director of Aviation. SP-11 The Contractor shall be responsible for maintaining the pavement free of all rocks, gravel, dirt and other debris in areas where hauling is permitted on or across any active apron, runway or taxiway, or in areas temporarily closed which are subject to opening on short notice. All rocks, gravel, dirt or other debris shall be removed immediately by the Contractor. SP-15. - FINAL CLEANING UP Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus, and discarded materials, rubbish and temporary structures. Material cleared from the site and deposited on property adjacent, will not be considered as being disposed of satisfactorily. The cost of the "Cleanup" shall be included as part of the cost of the various items of work involved, and no direct compensation will be made for this work. SP-16. INSURANCE The Contractor shall not begin work under this contract until he has obtained all insurance as required in the General Conditions of the Agreement, has furnished proof of same to the Owner, and the Owner shall have approved same. The Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance policy specified in the General Conditions, Paragraph 28B, shall also include the Engineer as an insured. A copy of this policy shall be delivered to the Owner and to the Engineer. The cost of this separate policy shall be included in the Proposal under the appropriate item. A Certificate of Insurance is included in the Specifications and Contract Documents for this project. The Contractor will be required to have five (5) extra copies of this certificate executed by his insurance company or companies. This certificate will become a part of the Contract Documents and must be included with the Contract Documents before execution by the City of Lubbock. Coverages specified herein apply to all operations of the Contractor in connection with this work, including automobiles and other vehicles. Coverage shall extend to all subcontractors unless proof of minimum coverage required is submitted separately by each subcontractor not so covered. SP-17. REMOVAL AND DISPOSAL OF STRUCTURES, UTILITIES AND OBSTRUCTIONS All structures, utilities or obstructions found on the airport and shown on the plans which are to remain in place or which are not to be used in the new construction shall be removed SP-12 r r l as directed by the Engineer. Unless specified in the proposal, this work shall not be paid for separately but shall be considered as subsidiary obligation of the Contractor covered under other contract items. All material found on the airport or removed therefrom shall remain the property of the Owner, unless otherwise indicated. All materials and debris specified to be disposed of by the Contractor shall become the property of the: Contractor and shall be properly disposed of off the airport property by the Contractor. SP-18. CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS Any deviation from the plans which may be required by the exigencies of construction shall be determined by the Engineer and authorized by him in writing. SP-19. REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK All work which has been rejected or condemned shall be repaired or, if it cannot be satisfactorily repaired, removed and replaced at the Contractor's expense. Materials not conforming to the requirements of the specifications shall be removed immediately from the site of the work and replaced with satisfactory material by the Contractor at his expense. Work done beyond that shown on the plans, or as given, except as herein provided, work done without proper inspection, or any extra or unclassified work done without written authority and prior agreement in writing as to prices, will be done at the Contractor's risk and will be considered unauthorized and, at the option of the Engineer, may not be measured and paid. for and may be ordered removed and replaced at the Contractor's expense. Upon the failure of the Contractor to repair satisfac- torily or to remove and replace, if so directed, rejected, unauthorized, or condemned work or materials immediately after receiving formal notice from the Engineer, the Owner may recover for such defective work or materials on the Contractor's bond, or by action in a court having proper jurisdiction over such matters, or may employ labor and equipment and satisfactorily repair or remove and replace such work and charge the cost of the same to the Contractor, which cost will be deducted from any money due him. SP-20. DISPUTED CLAIMS FOR EXTRA WORK r, In case the Contractor deems extra compensation is due him for work on materials not clearly covered in the Contract, or not ordered by the Engineer as an extra, the Contractor shall notify the Engineer in writing of his intention to make claim for 19 such extra compensation before he begins the work on which he bases the claim and shall afford the Engineer every facility for keeping actual cost of the work. Failure on the part of the Contractor to SP-13 give such notification or to afford the Engineer proper facilities ^ for keeping strict account of actual costs shall constitute a waiver of the claim for such extra compensation.. The filing of such notice by the Contractor and the keeping of costs by the Engineer shall not in any way be construed to prove validity of the - claim. When the work has been completed, the Contractor shall, within 10 days, file his claim for extra compensation with the Engineer, who will present it to the Owner for consideration. SP-21. FEDERAL PARTICIPATION The attention of the Contractor is invited to the fact that, pursuant to the provisions of the Act of Congress known as the Airport Improvement Program of 1982, the United States Government may pay a portion of the cost of these improvements. The above Act of Congress provides that the construction work and labor in each state shall be done in accordance with the laws of that state subject to the inspection and, approval of the FAA and in ^ accordance with the rules and regulations made pursuant to said Act. The construction work, therefore, will be subject to such inspection by the Administrator of the Federal Aviation Administration or his agents as may be deemed necessary to meet with the above requirements when Federal funds are used, but such inspection will in no sense make the Federal Government a party to this contract and will in no way interfere with the rights of either party to the contract. SP-22. INDEMNIFICATION The Contractor shall indemnify and hold harmless and defend the Owner and all of the Owner's officers, agents and employees from all suits, actions, claims, damages, personal — injuries, losses, property damage and expenses of any character whatsoever, including attorney's fees, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act of the Contractor, his agents or employees, or any subcontractor, in the execution, supervision and operations growing out of or in any way connected with the performance of this contract, and the Contractor will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents or employees, including attorney's fees. - The Contractor shall indemnify and hold harmless and defend the Owner and all of the Owner's officers, agents and employees from all suits actions, claims, damages, personal injuries, property damage, losses and expenses of any character whatsoever, including attorney's fees, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act of the Owner, the Owner's officers, agents and employees, whether such negligent act was the sole proximate cause of the injury or damage or a SP-14 i t proximate cause jointly and concurrently With the Contractor or the t• Contractor's employees', agents' or subcontractors' negligence in I the execution, supervision and operations growing out of or in any ` way connected with the performance of this contract, and the Contractor will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents or employees, including attorney's fees. �^ The Contractor agrees that he will indemnify and save the i Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, power tools, all supplies, including commissary incurred in the furtherance of the performance of this contract. When the Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. r SP-23. OPENING OF SECTION OF AIRPORT TO TRAFFIC The opening of any section of the work will be held as an acceptance of said section but shall not be considered as a waiver of any of the provisions of these Specifications or Contract. Pending final completion and acceptance of the work, all necessary repairs and renewals on any section opened, due to defective material or work,. to natural causes other than ordinary wear and tear, or to the operations of the Contractor, shall be performed by and at the expense of the Contractor. SP-24. CONTRACTOR'S RESPONSIBILITY FOR WORK Until acceptance by the Engineer of any part or all of I the construction, as provided for in these specifications, it shall I be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to any part of the work by the action of the elements or from any other cause t whatsoever, whether arising from the execution or from the nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good, at his own expense, all injuries or damage to any portion of "the work occasioned by any of the above causes before its completion and acceptance. r SP-25. CORRECTION OF FAULTY WORK AFTER FINAL PAYMENT I The making of the final payment by the Owner to the �^ Contractor shall not relieve the Contractor of responsibility for faulty materials or workmanship. The Contractor shall promptly replace any such defects discovered within one year from the date of written acceptance of the work. The Performance Bond shall remain in effect until one year after the date of the written acceptance of the work to insure SP-15 r j compliance by the. Contractor with the requirements of this paragraph. SP-26. SEPARATE CONTRACTS The Owner reserves the right to let other contracts in connection with or in the vicinity of the project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall coordinate his work and theirs. The Contractor's coordination with other contractors shall require the approval of the Engineer. SP-27. SHOP DRAWINGS The Contractor shall submit to the. Engineer with such promptness as to cause no delay in his own work or in that of any other Contractor, six copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the Engineer shall pass upon them with reasonable promptness, making required corrections. The Contractor shall make any corrections required by the Engineer, file with him the corrected copies and furnish such other copies as may be needed. If the Contractor and/or the Manufacturer desires additional approved sets, the number of final copies submitted shall be the four copies for the Engineer plus the copies desired by the Contractor and/or Manufacturer. The Engineer's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. SP-28. ENGINEER Whenever the word Engineer is.used in this Contract, it shall be understood as referring to EG & G Special Projects, Albuquerque, New Mexico, and 011er Engineering, Inc., Consulting Engineers, Lubbock, Texas, Engineer of the Owner, or such other Engineer, Supervisor or Inspector as may be authorized by said Owner to act in any particular. SP-16 F r SPECIAL PROVISION IMPORTANT NOTICE TO CONTRACTORS The Contractor's attention is directed to Rule 3.291. paragraphs (a)(1). defining separated contracts. subsection (b)(3) discussing separated contracts. and subsection (c) discussing exempt contracts. Reference: Texas Tax Code, Chapter 151. Contractors should note those organizations in subsection (c) that the rule shows as being exempt no longer qualify for the exemption. The rule states that contractors improving realty for organizations listed in Texas Tax code 151.309 and 151.310 are exempt from tax. THIS IS NO LONGER TRUE EFFECTIVE WITH CONTRACTS SIGNED ON OR AFTER AUGUST 15. 1991. Only those contracts with school districts and nonprofit hospitals qualify for the exemption discussed in subsection (c) of Rule 3.291. The Comptroller is amending the rule to reflect this change. If the low bidder elects to operate under a separated contract as defined by Rule 3.291 by obtaining the necessary permit or permits from the State Comptroller's office allowing the purchase of materials for 'incorporation in this project without having to pay the Limited Sales and Use Tax at the time of purchase. the low bidder shall identify separately from all other charges the total agreed contract price for materials incorporated into the project. This form shall be filled out by the low bidder in each of the bound copies of the contract. Total materials shall only include materials physically incorporated into the realty. If the Contractor operates under a 'separated contract*. the Department will furnish the Contractor with an exemption certificates for the applicable materials. An order to comply with the requirements of Rule 3.291. as mentioned above. it will be necessary for the Contractor to obtain a sales tax permit. Is 'rill also be necessary that the Contractor issue resale certificates to his suppliers. Sales tax applications for a sales tax permit and information regarding resale certificates may be obtained by writing to: Comptroller of Public Accounts Capitol Station Austin. Texas 78774 The Contractor may also receive information or request sales tax permit applications by calling the State Comptroller's toll free number 1-800-252- 5555. Subcontractors are eligible for sales tax exemption if the subcontract is made in such manner that the charges for materials are separated from all other charges. The procedure described above will effect a satisfactory separation. When subcontracts are handled in this manner. the Contractor must issue a resale certificate to the subcontractor and the subcontractor. in turn. must issue a resale certificate to his supplier. 7 7 (THIS PAGE LEFT BLANK INTENTIONALLY) 7 7 DRAWINGS INDEX Following is the list of drawings which accompany these specifications and form an integral part of the contract documents: DRAWING NO, 1. 2. 3 4. 5. 6. 7. 8. 9. TITLE Cover Sheet Summary of Quantities & Sheet Index Project Airport Layout Plan Fencing Layout Fencing Layout Fencing Layout Fencing Layout Fencing Layout Fencing Details (THIS PAGE LEFT BLANK INTENTIONALLY) i i f April 10, 1992 Office of Purchasing 1Jwu nIVIIWOy ou LdJl. Attn: Mike Wilson Odessa, TX 79765 r ` SUBJECT: Lubbock International Airport Security Fence Improvements The City of Lubbock, having considered the proposals submitted and opened on the 4th day of March, 1992, for work to be done and materials to be furnished in and for: City of Lubbock Bid # 11834 L.I.A. SECURITY FENCE IMPROVEMENTS as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City Council of the City ofLubbock on the April 9, 1992, at the bid price contained therein, subject to the execution of and furnishing of all other documents specified and required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this', Notice. The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock. CITY OF LUBBOCK 77 zl� F � Gene Eads, C.P.M. Purchasing Manager RM