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HomeMy WebLinkAboutResolution - 2011-R0414 - Contract - West Texas Paving Inc.- LPSIA Airfield Asphalt Repair - 09_27_2011Resolution No. 2011—RO414 September 27, 2011 Item No. 5.14 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 10163 for Lubbock Preston Smith International Airport -Lubbock Airfield Asphalt Repair Package 1, by and between the City of Lubbock and West Texas Paving, Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council, Passed by the City Council on September 27, 2011 TOM MARTIN, MAYOR ATTEST: P,A, -5K- Rebe a Garza, City Secr ary APPROVED AS TO CONTENT: Jarges Loomis, Director of Aviation APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-West Texas Paving, Inc. August 23, 2011 8-atG�v &..20 uAoq0 BOND CICK BEST RATING fT LICENIN TEXAS DATFl 1 BY: -a, CONTRACT AWARD DATE: CITY OF LUBBOCK SPECIFICATIONS FOR LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT LBB Airfield Asphalt Repair - Package 1 ITB 11-10163-MA Plans & Specifications may be obtained from BIDSYNC.COM 4 MIV4-00-o1-�bb'ck ,. CONTRACT PREPARED BY: PURCHASING AND CONTRACT MANAGEMENT OFFICE L L BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE: CITY OF LUBBOCK SPECIFICATIONS FOR LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT LBB Airfield Asphalt Repair - Package 1 ITB 11-10163-MA Plans & Specifications may be obtained from BIDSYNC.COM city of bock rexas CONTRACT PREPARED BY: PURCHASING AND CONTRACT MANAGEMENT OFFICE Page Intentionally Left Blank ADDEDNUMS Pa2e Intentionally Left Blank I ADDENDUM #1 LPSIA LBB Airfield Asphalt Repair Package 1 ITB 11-10163-MA DATE ISSUED: August 9, 2011 CLOSE DATE & IBM: August 23, 2011 @ 2:00 PAL The following items take precedence over specifications for the above named Invitation to Bid 11-10163-MA . Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Please be advised: The non -mandatory pre -bid conference scheduled for AUGUST 16, 2011, has been moved to AUGUST 17, 2011, at 10:00 A.M. in the Blue Room on the 2nd Floor at Lubbock Preston Smith International Airport, Lubbock, Texas. All requests for addittoial information or clarification: must be submitted iri writing and directed ao City of Lubbock Marta Alvarez, Director of Purchasing & Contract Management P.O. Box 2000 Lubbock Texas 79457 Questions may be faxed to (806)775-2164 or Emailed to inalvarez cOi mvlubbock.us THANK YOU, ' 44ft 4"11 Director of Purchasing & Contract Management It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the City of Lubbock Director of Purchasing a Contract Management if any language, requirements, etc., or anv combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the Purchasing Manager no later than five (5) business days prior to the bid close date. A review of such notifications will be made. Page Intentionally Left Blank i y i CITY OF LUBBOCK INVITATION TO BID �a t FOR TITLE: LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT LBB Airfield Asphalt Repair - Package 1 { i ADDRESS: LUBBOCK, TEXAS BID NUMBER: ITB - 11-10163-MA ACCOUNT NUMBER: 4615.8304 CONTRACT PREPARED BY: PURCHASING AND CONTRACT MANAGEMENT E `; Page Intentionally Left Blank ....... INDEX 1 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - UNIT PRICE 4. INSURANCE REQUIREMENT AFFIDAVIT 5. SAFETY RECORD 6. SUSPENSION AND DEBARMENT CERTIFICATION 7. EEO EMPLOYEE INFORMATION CERTIFICATION 8. BUY AMERICAN CERTIFICATION 9. DAVIS - BACON CERTIFICATION OF ELIGIBILITY 10. CERTIFICATION OF NONSEGREGATED FACILITIES 11. TRADE RESTRICTION CLAUSE 12. DBE CONTRACTING REQUIREMENT 13. PAYMENT BOND 14. PERFORMANCE BOND 15. CERTIFICATE OF INSURANCE -% 16. WORKMAN'S COMPENSATION COVERAGE CHECKLIST 17. CONTRACT 18. GENERAL CONDITIONS OF THE AGREEMENT 19. DAVIS BACON WAGE DETERMINATIONS 20. FAA MANDATORY CONTRACT PROVISIONS 21. FAA GENERAL PROVISIONS 22. SPECIAL PROVISIONS !/ 23. TECHNICAL SPECIFICATIONS '1 ..1 Page Intentionally Left Blank NOTICE TO BIDDERS Page Intentionally Left Blank NOTICE TO BIDDERS ITB-11-10163-MA Sealed bids addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the Purchasing and Contract Management office, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 2:00 P.M. on August 23, 2011or 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 PRESTON SMITH INTERNATIONAL AIRPORT LBB Airfield Asphalt Repair - Package 1 After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the Purchasing Office at the City of Lubbock, before the expiration of the date above first written. Bids are due at 2:00 P.M. on August 23, 2011and the City of Lubbock City Council will consider the bids on September 8, 2011 at City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds should be issued by a company carrying a current Best Rating of A or su erior. THE BOND MUST BE IN A FORM ACCEPTED BY THE CITY ATTORNEY AND MUST BE DATED THE SAME AS THE CONTRACT AWARD DATE. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid 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 ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each bidder's 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. There will be a non -mandatory pre -bid conference on August 16, 2011. at 10:00 A.M. in the Blue Room on the 2nd Floor at Lubbock Preston Smith International Airport, Lubbock, Texas. Bidders may view and download the plans and specifications without charge at on Bidsync.com. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each bidder's attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, it is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds. All bidders shall make good faith efforts, as defined in Appendix A of 49 CFR Part 26 to subcontract 6.13 % of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE). Details of such requirement are contained in the specifications. 49 CFR Part 26 provides that each contract the owner signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) shall include the following assurance: The contractor, sub -recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of Department of Transportation (DOT) assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. The proposed contract is subject to the Buy American provision under Section 9129 of the Aviation Safety and Capacity Act of 1990. Details of such requirement are contained in the specifications. The Proposed contract is under and subject to Executive Order 11246 and the Equal Opportunity Clause. The bidder's attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Opportunity Construction Contract Specifications, and the Notice of Requirement of Affirmative Action to Ensure Equal Employment Opportunity set forth in the specifications. 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. The certification is contained in the specifications. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre - bid meetings and bid openings are available to all persons regardless of disability. If you require special assistance, please contact the Director of Purchasing & Contract Management at (806) 775-2572 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK W6Vtr4,4&4WJ Marta Alvarez, Director of Purchasing & Contract Management GENERAL INSTRUCTIONS TO BIDDERS t Page Intentionally Left Blank GENERAL INSTRUCTIONS TO BIDDERS BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT LBB AIRFIELD ASPHALT REPAIR - PACKAGE 1 per the attached specifications and contract documents. Sealed bids will be received no later 2:00 P.M. AUGUST 23, 2011 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB - 11-10163-MA LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT LBB AIRFIELD ASPHALT REPAIR - PACKAGE 1 " and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Marta Alvarez - Director of Purchasing & Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Office. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver the bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held at 10:00 A.M. on August 16, 2011 in the Blue Room on the 2nd Floor at Lubbock Preston Smith International Airport, Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at www.bidsync.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing and Contract Management Office. At the request of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at www.bidsync.com and will become part of the proposal package having the same binding effect as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Buyer and a clarification obtained before the bids are received, and if no such notice is received by the Buyer prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Buyer before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than six (6) calendar days prior to the opening of bids. BID PREPARATION COSTS 5.1 Issuance of this Invitation to Bid (ITB) does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, ? including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to_, release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in a writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction , that such information is in fact not privileged and confidential under Section 552.110 of the Government E Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open i� Records Act. 7 LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. UTILIZATION OF LOCAL BUSINESS RESOURCES 8.1 Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock in regard to this bid. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth in 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. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in 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. The contract documents may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the Bu ey r if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than six (6) calendar days before the bid closing date. A review of such notifications will be made. Marta Alvarez, Director of Purchasing & Contract Management City of Lubbock 1625 131h Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: malvarez@mvlubbock.us 13 TIME AND ORDER FOR COMPLETION j . j 7 13.1 The construction covered by the contract documents shall be substantially complete the project within (136) ONE HUNDRED THIRTY SIX CALENDAR DAYS ((158) one hundred fifty-eight calendar days if alternate 3 awarded) and a total of (151) one hundred fifty-one calendar days ((173) one hundred seventy-three calendar days if alternate 3 awarded) for final completion thereafter as stipulated in the specifications and other contract documents N 13.2 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 t schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID The City of Lubbock, prior to final acceptance of this project, requires 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. 16 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 protecting 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 provision. 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. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective 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). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, it's right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the 4 Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to ten sets of plans and specifications and related contract documents for use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 19 PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, 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 20 TEXAS STATE SALES TAX 20.1 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. 19.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 21 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 construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground 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, and the private utility owner, as applicable, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, 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 lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 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 blasting. 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. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 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 The City will collect this information in the following ways: a notice in all solicitations and direct request to firms quoting on subcontracts to report information directly to the DBELO. The City of Lubbock will work closely with all prime bidders in order to collect necessary information of all firms who quote to them on contracts. 33.11 Monitoring Payments to DBEs The City will require prime contractors to maintain records and documents of payments to DBEs for three years following the performance of the contract. These records will be made available for inspection upon request by any authorized representative of the City of Lubbock or DOT. This reporting requirement also extends to any certified DBE subcontractor. The City will keep a running tally of actual payments to DBE firms for work committed to them at the time of contract award. The City will perform interim audits of contract payments to DBEs. The audit will review payments to DBE subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation. 34 VETERAN'S PREFERENCE The City shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 35 CONFIDENTIALITY The City will safeguard from disclosure to third parties information that may reasonably be regarded as confidential business information, consistent with Federal, state, and local law. The City of Lubbock will maintain efforts to be consistent with the law as set forth in: the Freedom of Information Act under USC: Title 5. The relevant text is found in § 552(b)(2) and (4). The City of Lubbock will interpret these parts as policy to refuse the release of and access to, any information deemed to be related solely to the internal personnel rules and practices of an agency; or as trade secrets and commercial or financial information obtained from a person and privileged or confidential. Further, in compliance with USC: Title 18 § 1905 concerning the disclosure of confidential information: The City of Lubbock will not publish, divulge, disclose or make known in any manner or to any extent not authorized by law any information coming to us in the course of employment or official duties or by reason of any examination or investigation made by, or return, report or record made to or filed with the City of Lubbock, which information concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association; or permits any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law. Notwithstanding any contrary provisions of state or local law, we will not release personal financial information submitted in response to the personal net worth requirement to a third party (other than DOT) without the written consent of the submitter. 12 36 NON DISCRIMINATION CLAUSE The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. 37 PROMPT PAYMENT The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from City of Lubbock. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Lubbock. This clause applies to both DBE and non -DBE subcontractors. The City of Lubbock will require that all contractors comply with the Texas Government Code 2251.022. Chapter 2251 of the Texas Government Code generally defines past due dates and provides for payments for goods and services to vendors, general contractors, and subcontractors. Failure to comply with the provisions of Texas Government Code Chapter 2251 include the right to charge interest on overdue accounts and right to collect attorney's fees in the event of formal administrative or judicial action to collect an invoice payment or interest due. A copy of Texas Government Code 2251.022 is attached as Attachment 8 in the Airport's Disadvantaged Business Enterprise Plan. 38 MONITORING AND ENFORCEMENT MECHANISMS The City will bring to the attention of the Department of Transportation any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in 26.109. The City also will consider similar action under our own legal authorities, including responsibility determinations in future contracts. The City of Lubbock WILL REQUIRE CERTIFICATION that work contracted with a DBE is actually performed by the DBE. We may follow up this certification by conducting on -site evaluations to monitor the performance obligated in the contract. In the event of non-compliance with the DBE regulation by any participant in our procurement activities, the City of Lubbock shall be entitled to pursue any and all remedies allowed by the laws of the State of Texas and the Federal Government. Such remedies may include, but not necessarily be limited to, the following: a. Civil action, in a court appropriate jurisdiction, for breach of the contract. Such damages may be set forth in the contract as predetermined damages, consequential damages arising out of the breach and/or specific performance. b. Criminal prosecution may result from the commission of fraud or other criminal activity on the part of a party to the contract. In the event that a crime is perceived to have occurred, the city may refer the case to the appropriate law enforcement or prosecutorial authority for further action. In such event the city anticipates cooperating with such agency in the investigation and prosecution of a criminal case. 39 BREACH OF CONTRACT TERMS Any violation or breach of terns of this contract on the part of the contractor or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 13 40 ANTI -LOBBYING PROVISION 40.1 DURING THE PERIOD BETWEEN BID SUBMISSION DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. 40.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidders bid. 41 PREVAILING WAGE RATES 41.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project fl 41.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the 1. J general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 41.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to ; and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in Lubbock County: http://www.gpo.gov/davisbacon/allstates.htmi 41.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 41.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. 14 BID SUBMITTAL Paee Intentionally Left Blank 15 BID sUBmiTTAL UNiT PRICE BiD CONTRACT DATE: ALGA - "?- 3 11:? PROJECT NUMi3ER: 11-10163-MA - LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT -_-_____ _.-_.. __.__ _ _LB$ A-IRFI-E..Lp ASPHALT REPAIR — PACKAGE I Bid of ,) FA> V//V _G _ C. (hereinafter called .i(- - �kr4�- Bidder) To the Honorable Mayor and City Council City of Lubbock, "Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT LBB AIRFIELD ASPHALT REPAIR — PACKAGE 1. having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended projggt including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. ITEM DESCRIPTION UNiT ESTIMATED UNiT EXTENDED NO. QUANTITY $ PRICE $ AMOUNT BASE BID i. Item P-140. Contractor Mobilization LS 1 S.3QDt7t7 2. item P-101, Remove, blend and salvage 2" 1+r' asphalt, 9" granular base SY 21-670 $ $ o?. Io5D 3. item P-101, Remove existing concrete slab -I — assume 12" thick SY 43 $ $ .710 4. item P-152 Grading and subgrade 60 q= b 2 7.2 preparation, 6-inches thick SY 2,712 $ $ 5. item P-152, Grading in unpaved areas SY 1,500 $ $ DO 6. item P-154, Salvaged subbase (6-inch `` �! ' V thickness), installed SY 1,455 $ Cs $7 d 7. Item P-156, Temporary air and water • ollution, soil erosion and siltation control LS 1 $ .��OD $ 8. TxDOT Item 247, Type A, Grade 2, crushed aggregate base course. 6" � 3�5YY thickness, furnished and installed SY 2,712 $ ! � 9, TxDOT Item 341, Type C, dense -graded hot -mix asphalt (QC/QA), 2" thickness, { `� M furnished and installed TON 110 f 16. _ TxDOT Item 341, Type�C, dense -graded L hot -mix asphalt (QC/QA), 5% bonus iLS 1 nU 1J 2 ITEM DESCRIPTION UNIT ESTIMATED UNIT EXTENDED NO. QUANTITY $ PRICE $ AMOUNT I I. Item P-501, Portland cement concrete 0-1 to /� "► 3 4" pavement, 7" thickness SY 1.455 $ 7 $ 12. Item P-501. Portland cement concrete pavement 6" thickness (including fiber 4 ea 02 mesh) __._ __ SY 261 $ L1 e $ 13. Item P-501, Portland cement concrete 72 pavement, 6% bonus LS 1 r7s. 14. Item P-602, Bituminous prime coat, including herbicidal treatment (0.3 al/s GAL 813 $ (st $ 15. Rein P-620. Runway and taxiway ainting S}• 222 $ $ « 16. Item T-901, Soil preparation, seeding and _• fertilizing SY 1,500 $ $ ,0- 0 0 17. Item MC, EB 4413, Refined coal tar e v emulsion without additives SY 996 $ C $ ✓ 18. Item MC. Utility adjustment or removal LS 1 $15,000,00 $IS 000.00 19. Item MC, Remove existing aircraft tie- a down Anchors EA 13 $ 256 20. Item MC, Furnish and install concrete �� w ~ wheel stops EA 3 $ $ t ou 21, Item MC. Furnish and install traffic -rated —I —]$ hh -+ access cap for monitoring well EA BASE BID TOTAL $ itn case of a discrepancy between Ibr Unit Price and the extended total for a bid item. the unit price will betaken.) J — TOTAL BASE BID, ITEMS #1 - #211: MATERIALS: '¢`(,uoWw rib4Q► TftA n" (S 2-60 780"D� ) LABOR: &dtifj "&.9a r jA Irmt o f T_%�i+� ($ ZZ TOTAL: E T- 1CC G. Wbu ($ ,. /VlqNd 291D 4-- Tl4lor ay / 61-ir O,-,Z.c-�wr j a x�ao 3 ITEM DESCRIPTION UNIT ESTIMATED UNIT ExTENDED NO. QUANTITY $ PRICE $ AMOUNT ALTERNATE ] ADDITIVE - FULL CONCRETE RECONSTRUCTION jBase Bid Area AI -I. Item P-140, Contractor Mobilization LS 1 0410 5 z co A1=2. DEDUCT TxDOT., Item 341. Type C, - --__ dense-�ra�ied hit-tnlx;__asphalt__(QC�Q�)2--- -- = furnished and installed (insert negatives= rturribei TON 110 $ J V Al-3. 1)EDUCT TxDOT -Item 341. Type C. dense -graded hot -mix asphalt (QCIQA), 5% ��% 0 7 bonus insert negative number LS I AI-4. DEDUCT Item MC, EB 44B, Refined coal tar emulsion without additives (insert ne alive number SY 996 $ g Al-5. Item P-501, Portland cement concrete •� pavement, 6" thickness SY 996 $ $ 9102 Al-6. Item, P-501, Portland cement concrete 'Y jz avement, 6% bonus LS I Q�� 8i TOTAL ALTERNATE 1 ITEMS AI -I - Al-6: $ 3073 (in case of a discrepancy between the Unit Price and the extended total for a bid item, the unit price will be taken.) TOTAL ALTERNATE 1,1TEMS Al -I - Al-6: MATERIALS: -7W / A-t w -r 14 t U U,htlrs (S 3 ooaa ' ) LABOR: -7_-r '7W#_Vf 8±KSAjua I Sgrag�t�-iAW&CO, s/tea (S -1-10,1,E ) nfi�C y �- TOTAL: As b N d E?Jfi�T.j► t#,tf (S ) Bidders Initials 4 ITE1Mt DESCRIPTION UNIT ESTIMATED UNIT EXTENDED NO, QUANTITY S PRICE $ AMOUNT 2 (ADDITIVE)— NORTH HANGAR ASPHALT RECONSTRUCTION _ALTERNATE A2-1. Item P-140, Contractor Mobilization 1 S I $ 4 is d_O $, D OD ID A2-2. Item P-101, Remove. blend and salvage 2" OR r •� '= -asphalt-, 9"granular base SY 6,4,69_._ . $ A2-3. Item P-152, Grading and subgrade •re a _ ~ yy » a'ration. 6-inches thick SY 6,446 $ $ d tT (* TZ A24. Item P-152, Grading in unpaved areas SY 1,317 -' A2-5. Item P-156, Temporary air and water .. pollution, soil erosion and siltation control LS I $ lbo r $066 A2-6. TxDOT Item 247, Type A, Grade 2, -crushed aggregate base course, 8" thickness, furnished and installed SY 6,446 ••}} '° $ w(y " $ 7 7352— A2-7. TxDOT Item 341 Type C, dense -graded hot -mix asphalt (QC/QA), 2.5" thickness, "TON ~ ter �/ furnished and installed 834 $ J A2-8. TuDOT Item 341 Type C, dense -graded 5_6 S� hot -mix asphalt C/QA), 5% bonus LS 1 7 11 2 A2-9. Item P-501. Portland cement concrete pavement, 7" thickness (including fiber •` mesh) SY 108 $ A2-10. Item P-501, Portland cement concrete pavement, 6" thickness (including fiber G 2. ��� 5• mesh SY 269. 0 A2-11, Item P-501, Portland cement concrete tit. L4 pavement, 6% bonus LS I f A2-12. Item P 602, Bituminous prime coat, 11 including herbicidal treatment 0.3 al/s GAL 1,930 $ A2-13. Item P-620, Runway and taxiway painting SF 166 $ $ " A2-14. Item T-901, Soil preparation, seeding and fertilizing SY 1,317 $ Q $ '�• A2-15. Item MC, EB 448, refined coal tar .• emulsion without additives SY 6,050 $ $ .0 06 y A2-16. Item MC, Utility adjustment or removal LS 1 $15,000.00 $15,000.00 A2-)7. Item MC, Remove existing aircraft tie- .• �. r down anchors EA 32 $ 02SQ $ 6"60 A2-18. Item MC, Furnish and install aircraft tie- �^ -- down anchors EA 18 $ A2-19. Item MC, Rock Riprap (including filter •:~ •` fabric CY 8 c TOTAL ALTERNATE 2 ITEMS A2-1— A2-19: (in case of a discrepancy between the Unit Price Hnd the extended total for a bid itern, the unit price will be taken.) $ 514 , 3 09 TOTAL ALTERNATE 2, ITEMS A24 — A2-19_ MATERIALS: :75Egivt022rp -7ff'!�tc #01D yy($ LABOR: b 7'Fe+ fROUMMA ';r&trt H**bf2lS3a, TOTAL: t ly� u t + 4161140'+Elaf TXf kS;44, 'tAEV ($ Bidders Initials $ ' 4, 309 5 ITEM DESCRIPTION UNIT ESI`IMATED UNIT EXI'ENDED NO. I QUANTITY S PRICE S AMOUNT ALTERNATE 3 (ADDITIVE) -- NORTH HANGAR CONCRETE RECONSTRUCTION A3-l. Item P-140, Contractor Mobilization LS 1 $ $ A3-2-.. _-Item- Of .Remove -blend and -salvage 2 ___-__- •• as halt. 9" ranular base SY 6,469 $ $• A3-3. Item P-152, Grading and subgrade b� •• + preparation, 6-inches thick SY 6,446 $ n $ .39 G 7` A3-4. Item P-152, Grading in un aved areas SY 1,317 $ $ s A3-5. Item P-154, Salvaged subbase (6-inch thickness), installed SY 6.446 $ $ A3-6. Item P-156, Temporary .air and water ,. ollution, soil erosion and siltation control LS 1 $ 000 $ 2 Dot v A3-7. TxDOT Item 247, Type A, Grade 2, crushed aggregate base course, 6" +r � 773.5 �Z thickness, furnished and installed SY 6.446 $ $ A3-8. Item P-501, Portland cement concrete ins q 0 09 pavement, 7" thickness SY 6,424 $ $ f A3-9. Item P-501, Portland cement concrete y6 avement, 6% bonus LS 1 $ ��yL d s �� $ A3-10. Item P-602, Bituminous prime coat, to •� including herbicidal treatment 0.3 al/s) GAL 1,930 $ $ D A3-1 I. Item P-620Runway and taxiway painting SF 166 $ $ ' A3-12. Item T-901, Soil preparation, seeding and. - fertilizing SY 1317 $ f $ A3-13. Item MC, Utility adjustment or removal LS 1 $15,000.00 $15 000.00 A3-14. Item MC, Remove existing aircraft tie - • down anchors EA 32 $ Sd $ w) A3-15. Item MC, Furnish and install aircraft tie- .1 •- down anchors EA 18 $ �� $ at�d A3-16. Item MC, Rock Riprap (including filter _ •' fabric) CY 8 aoD la 01 Yk TOTAL ALTERNATE 3, ITEMS A3-1 - A3-16 $ - - - 1 IYUC -- tin case of a discrepancy between the Unit Price and The extended total for a bid item, the unit price will be taken.) ! $913,438 TOTAL ALTERNATE 3, ITEMS A3-1- A3-16 MATERIALS: U�Ar LABOR: r°CCN- )*,A All "is. of F � e4 �d . at�* Iv (S 'r���9�9L i! AtkAM"A�g►,tr ) TOTAL: Alb hh X " oF5 t 1V 1'4I "'_ ot�..it.+xD (S $ 913 , 4 3 8 Bidders Initials Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within (136) ONE HUNDRED THIRTY-SIX CALENDAR DAYS W58) ONE HUNDRED FIFTY-EIGHT CALENDAR DAYS IF ALTERNATE 3 AWARDED) and a total of (151) ONE HUNDRED FIFTY-ONE CALENDAR DAYS ((173) ONE HUNDRED SEVENTY-THREE CALENDAR DAYS IF ALTERNATE 3 AWARDED) for final completion thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages for each calendar day in excess of the time set forth in the general conditions of the contract documents, the -following sum of allowedconstructiontime with liquidated damages: $1,250.00 136 calendar days (158 calendar days if Alternate 3 awarded) for substantial completion. $1,250.00 151 calendar days (173 calendar days if Alternate 3 awarded) for final completion. Phase 1 $1,250.00 35 calendar days, Phase 2 $1,250.00 35 calendar days, Phase 3 (ALT) $1,750.00 21 calendar days (28 calendar days if Alternate 3 awarded), Phase 4 (AL:f) $1,250.00 45 calendar days (60 calendar days if Alternate 3 awarded). Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 29 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of FORTY-FIVE (45) calendar days after the scheduled closing lime for receiving bids. The undersigned Bidder hereby declares that lie has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock. or a bid bond from a reliable surety company, payable Without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, -and execute -all -necessary bonds (if required)_within -ten _(_1-0) business_day_s_afternotice of award of the contract to him. Enclosed with this bid is ek or Certified Check for Dollars ($ } or a Bid Bond . the sum of Dollars ($ ), which it is reed sh. collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or 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 contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID (Seal if Bidder is a Corporation) ATTEST: Secret ry Bidder acknowledges receipt of the follllowing addenda: Addenda No. y �� Date Addenda No. Date Addenda No. Dale Addenda No. Date V IN C, I.r.. ►�1 C Company Address LU616 CK City, County State Zip Code Telephone: Fax: `&06 FEDERAL TAX ID or SOCIAL SECURITY No. 7 S - 202 SO ';� 'VI/WBE Firm: ( / I Woman I j Black American f I Native American - I flisnanic American Asian Pacific America— OtherT(Soeeifv) 0 1. MERCHANT N AT I O N S'�� BONDING COMPANY BONDING COMPANY POWER OF ATTORNEY Bond No. KNOW ALL PERSONS BY THESE PRESENTS: That MERCHANTS BONDING COMPANY (MUTUAL) is a corporation duly organized under the laws of the State of Iowa, and that NATIONSSONDING COMPANY is a corporation duty organized under the laws of the State of Texas (herein collectively called the "Cbmpantesl, and that the Companies do hereby make, constitute and appoint Susan Crain, Michael N. Rudberg, David P. Barrie of Dallas and State of eras their true and lawful Attomey-in Fact, wtth full power — — — and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and aB bonds; undertakings, recognizances or other written, obligations in the nature thenaof subject tor the timitatign ou tagy such instrument shall not exceed the amount of. FIVE MILLION f$5,000,000.00)'DOLLARS. and to bind the Companies thereby as fully and to the same extent as If such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding Company on April 1 t} .2003. . "The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoipt Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company theretp, bonds and undertakings, rec ognizances, contracts of indemnity and other writings obligatory in the nature theWf. The signature of any authorized officer and the Seal of time Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery -of any bond, undertaking, recognizance, dr other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this hmstrument to be signed and sealed this I Ith day of January , 2011. •'t4D O �•. •�'G : 2003 • b STATE OFiOWA ••••'•• COUNTY OF POLK ss.. MERCHANTS BONDING COMPANY (MUTUAL) NATIONS BONDING COMPANY By 7-27� President On this11 thday of January , 2011, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say thEd he is -President of MERCHANTS BONDING•COMPANY (MUTUAL) and NATIONS BONDING COMPANY -;:and that the seats affixed to the foregoing instrument are the corporate seals of the Companies; and that the said instrument was signed and sealed. in behalf of the Companies by authority of their respective Boards of Directors. M Testimony Whereof, I have hereunto set rry hand and affixed rry Official Seal at the Ctty.of Des Moines, Iowa, the day and year first above written. CINDY SMYTH Commission Numbbr 173SU /! o. My Commission Expires VV STATE OF IOWA March 16, 2012 NotaryPubllc, PolkCounly, lows COUNTY OF POLK ss. I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY, do hereby certify that the.above and•foregoing is a true andcorrect copy of the•POWER OF,ATMRNEY exacuted by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this-8 day of A nuSt, 1 o i 1 . NBC 0103 (1/09) L o �. 0�4RPUg9�,;.C� co:-O- o :0 •�01 2003 a: ;�o.oRPo9 •.yy. . y-0- 1933 . J � =. Secretary �1 eeMei� Merchants Bonding Company P.O. BOX 28720 a AUSTIN, TX 78755-0720 BID - BOND---- - --- PUBLIC WORK KNOW ALL PERSONS BY THESE PRESENTS: That West Texas Paving, Inc. (hereinafter called the Principal) as Principal, and the MERCHANTS BONDING COMPANY (Mutual) a corporation of the State of Iowa, with its Home Office in the City of Des Moines, Iowa, (hereinafter called Surety), as Surety, are held and firmly bound to City of Lubbock (hereinafter called the Obligee) in the full and just sum of ($ 5% of GAB Dollars good and lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and dated this 23rd day of August 2011 THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for LBB Airfield Asphalt Repair according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the MERCHANTS BONDING COMPANY (Mutual) and Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed. Witness: By Attest: / By CON 0333 AU (9/00) West Texas Pavins. Inc. r, COMPANY (Mutual) Michael N. Rudbe& Atty-in-Fact CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal 1, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this Invitation to Bid. f on for a e) Contractor (Print) CONTRACTOR'S FIRM NAME: Vt / 4-,ST 1 G )</+ Jr VA-V,;u (. ,Ljdc (Print or Type) CONTRACTOR'S FIRM ADDRESS:JI.J. Nam of Agent�/Brooker: _s— Al rpR 0 �/1AS U I�/B�tJG Agent / Broker (Signature) Address of Agent/Broker: GA)l .-JU orv14- City/State/Zip: e jZa Lk W 4 C Agent/Broker Telephone Number: (�yL) `� �Z ���' ` er Date: O '-23 11 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Buyer for the City of Lubbock at (806) 775-2168. PROJECT NUMBER: 11-10163-MA - LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT LBB Airfield Asphalt Repair - Package I Pase Intentionally Left Blank SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Submittal) The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations fo►• violations of OSHA within the past three (3) years? YES NO� If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final di s tion of offense, if any, and penalty assessed. Bidder's Initials Page Intentionally Left Blank QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO� If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willftil misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any misrepres^ations or omiAsions may cause my bid to be rejected. Signature V ' title Paae Intentionally Left Blank SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-i 10) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $50,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients). Contractors receiving individual awards of $50,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $50,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: FEDERAL TAX ID or SOCIAL URI o 2.�Z CS .. Signature of Company Official: Printed name of company official signing abo Date Signed:j�,Z Page Intentionally Left Blank CERTIFICATION REGARDING EMPLOYEE INFORMATION REPORT EEO-1 (Standard Form 100) 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 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 participated in a previous contract subject to Executive Order 10925, 11114, or 11246 has not filed a 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 Form. To effectuate the foregoing requirements, the sponsor is required to include in the bid form a statement substantially as follows: The bidder shall complete the following statement by checking the appropriate space. The bidder (proposer) has /has not _ participated in a previous contract subject to the equal opportunity clause prescribed by Executive Order 10925, or Executive Order 11114, or Executive Order 11246. The bidder hA %/ leas not _submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subcontractors will be obtained prior to award of subcontracts. If the bidder has participated in a previous contract subject to the equal opportunity clause and has not submitted compliance reports due under applicable filing requirements, the Bidder shall submit a compliance report on Standard Form 100, "Employee Information Report EEO- I" prior to the award of contract. 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 following address: Joint Reporting Committee 1800 G. Street Washington, DC 20506 Page Intentionally Left Blank BUY AMERICAN PREFERENCES (a) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (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 place in the United States. Components 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 cost. (b) The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractor, materialmen and suppliers in the performance of this contract, except those: 1. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States is sufficient and reasonably available quantities and of a satisfactory quality: 2. that the US 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. BUY AMERICAN CERTIFICATE By submitting a bid under this solicitation, except for those items listed by the bidder below or on a separate and clearly identified attachment to this bid, the bidder certifies that steel and each manufactured product, are produced in the United States, as defined in the clause (Buy American — Steel and Manufactured Products for Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. Offerors may obtain from the owner a listing of articles, materials and supplies excepted from this provision. COMPANY NAME: Signature or Company Official: Printed name of company official signing Date Signed: -61-3 -1 Page Intentionally Left Blank DAVIS-BACON CERTIFICATION OF ELIGIBILITY 1. 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). 2. 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). 3. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. COMPANY NAME: FEDERAL TAX ID OR SOCIAL $E-OURITY NO. Signature or Company Official: Printed name of company official signing above: LRA.4-LL TAK)%)A66A, Date Signed: Page Intentionally Left Blank CERTIFICATION OF NONSEGREGATED FACILITIES — 41 CFR PART 60-1.8 Notice to Prospective Federally Assisted Construction CONTRACTORS l . A Certification of Non -segregated Facilities shall be submitted prior to the award of a federally - assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving federally -assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Notice to Prospective SUBCONTRACTORS of Requirements for Certification of Non -Segregated Facilities A Certification of Non -segregated 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. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CERTIFICATION OF NONSEGREGATED FACILITIES The federally -assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or 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 she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or 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, time clocks, 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 by explicit directives or are, in fact, 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 she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or 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�Zgyr lause and that she or he will retain such certifications in his files. COMPANY NAME:FrX.4, t C. , FEDERAL TAX ID OR SOCIA CURT Y NO. 71 Z 6 z r! Z Signature or Company Official: Printed name of company official signing abo : d�ArLl. Date Signed: 6 Z 3 No Text TRADE RESTRICTION CLAUSE The contractor or subcontractor, by submission of an offer and /or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; C. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. COMPANY NAME: I JUES FEDERAL TAX ID OR SOCIAL,SECURITY.NQ. %r Z 6 Z 9'1 a7i Signature or Company Official: r"� Printed name of company official signing abo e: "CC- — ZAO Date Signed: Page Intentionally Left Blank DBE CONTRACTING REQUIREMENT AND FORMS Instructions to Bidders Part A provides information about the requirement. Part B establishes the City of Lubbock's goal for DBE participation for this prime contract and provides the basis for the bidder to demonstrate how the goal will be met. • DBE Utilization form — indicates if bidder intends to meet the City's DBE participation goal or not. If not, then the bidder is required to demonstrate what good faith efforts were used in setting a goal. • Bidders list provides a summary of all subcontractors who bid on the project. • Letter of Intent provides the required information the City needs on the proposed subcontractors that the prime proposes to use on the contract whether they are small businesses, minority owned, and wornen owned, or are certified DBEs. No Text DISADVANTAGED BUSINESS ENTERPRISE CONTRACT PROVISIONS (49 CFR PART 26) PART A Policy. it is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 26 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 26 apply to this agreement. DBE Obligation. The contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR 26 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 26 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. Compliance. All bidders, potential contractors or subcontractors for this DOT -assisted contract are hereby notified that failure to carry out the DOT policy and the obligation, as set forth above, shall constitute a breach of contract which may result in termination of the contract or such other remedy as deemed appropriate by the owner. Subcontract Clauses. All bidders and potential contractors hereby assure that they will include the above clauses in all subcontracts which offers further subcontracting opportunities. Prompt Payment: The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from the recipient. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the recipient. This clause applies to both DBE and non -DBE subcontractor. PART B It is further understood and agreed: The award procedure for this solicitation will include the selection criteria of 49 CFR Part 26 (i) 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 6_13 percent of the dollar value of this contract. As a matter of RESPONSIVENESS to the City's bid submittal process, each bidder shall submit, along with their bid, the 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), the age of the firm and the firm's annual gross receipts. if the responses do not clearly show DBE participation will meet the goals above, the bidder must provide documentation clearly demonstrating, to the satisfaction of 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 non -responsive. In order to demonstrate how the bidder will meet the goal, bidder shall submit with the bid submittal the following: 1. DBE Utilization form 2 Letter of Intent 3. Bidder's List Good Faith Effort. (Note: This clause is only required if contract goals are used). The following actions, by the bidder/offeror, are generally considered a sign of good faith effort. This list is not exclusive or exhaustive, but should be used as a guide in determining good faith effort. 1. Attendance at pre -bid meetings scheduled to inform DBE's of the project. 2. Advertisement in a newspaper of general circulation, trade association and minority focus media concerning subcontracting opportunities. 3. Written notice to DBE's allowing sufficient time for reply. 4. Follow up of initial solicitation. 5. Selection of portions of the work likely to be performed by DBE's. 6. Provide interested DBE's adequate information for bidding. 7. Negotiation with interested DBE's. 8. Assist interested DBE's with bonding, insurance and credit. 9. Use of minority contractors' groups and minority business assistance offices. Agreements between bidder and a DBE in which the DBE promises not to provide sub -contracting quotations to other bidders are prohibited. All bidders and proposers shall make a good faith effort to replace a DBE subcontractor that is 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. F, ISM TIMAM hV% Ln�1 INCO ry NOTICE TO HUB AND WBE CONTRACTORS West Texas Paving, Inc. is soliciting proposals for the Lubbock Preston Smith International Airport ITB 11-10163-MA West Texas Paving, Inc. is specifically invites certified and non -certified HUB contractors. Request for plans should be directed to: ' The Reproduction Company 2102 Ave Q j Lubbock, Texas 79411-2032 ( Phone (806) 763-7770 l_ Plans may also be obtained from West Texas Paving, Inc. Our address is PO Box 64187, Lubbock, Texas 79464. Our phone number is (806) 863-3550 or fax (806) 863-3550. Proposals will be received no later than Monday, August 22, 2011. West Texas Paving, Inc. is an equal opportunity employer based on merit and all historically underutilized businesses are encouraged to participate. P. O. Box 64187 - Lubbock,TX 79464 Business: (806) 863-3550 - Mobile: (806) 441-0843 HP OfficeJet J5700 All -In -One series Fax Log for West Texas Paving 806 863 3550 Aug 18 2011 12:14PM NOTE: Blocked calls are not displayed on this report For more information, see Junk Fax Report and the Caller ID History report. Last 30 Transactions Date Time Type Station ID Duration Pages Result Caller ID Aug 18 12:OOPM Fax Sent Amer+ Fex 18667943299 0:29 1 OK Aug 18 12:01 PM Fax SenQ 43 Founded() 12144921689 0:26 1 OK Aug 18 12:02PM Fax Sent 7621014 0:26 0 Cancel Aug 18 12:03PM Fax Sent 7621014 0:20 0 Cancel Aug 18 12:04PM Fax Sent 18067621014 0:13 0 Cancel Aug 18 12:05PM Fax Sent 7621014 0:18 0 Cancel Aug 18 12:06PM Fax Sent AGS C6Mrac rav S 19724638875 0:26 1 OK Aug 18 12:06PM Fax Sent 8726220 0:24 0 Cancel Aug 18 12:07PM Fax Sent DC Trvdvn� 18068726220 0:28 1 OK Aug 18 12:08PM Fax Sent 7462741 0:30 1 Cancel Aug 18 12:09PM Fax Sent 7452741 0:30 1 Cancel Aug 18 12:10PM Fax Sent 7452741 0:45 1 OK Aug 18 12:11 PM Fax Sent SGen2 7466M 0:30 1 OK Aug 18 12:12PM Fax Sent/:�K CoMce+t 7621014 0:54 1 OK TE 0 jq* HUB SUBCONTRACTING PLAN (HSP) In accordance with Govt Code §2161.252, the contracting agency has determined that subcontracting opportunities are probable under this contract. Therefore, - respondents, including State of Texas certified Historically Underutilized Businesses (HUBS), must complete and submit a State of Texas HUB Subcontracting Plan (HSP) l with their solicitation response. NOTE: Responses that do not include a completed HSP shall be rejected pursuant to Gov't Code §2161.252(b). The HUB Program promotes equal business opportunities for economically disadvantaged persons to contract with the State of Texas in accordance with the goals specified in the State of Texas Disparity Study, The HUB goals defined in 1 TAC §111.13 are: 11.9 percent for heavy construction other than building contracts, 26.1 percent for all building construction, including general contractors and operative builders contracts, 57.2 percent for all special trade construction contracts, 20 percent for professional services contracts, 33 percent for all other services contracts, and 12.6 percent for commodities contracts. - - Agency Special Instructions/Additional Requirements - - • • RESPONDENT AND SOLICITATION INFORMATION [ ! a. Respondent (Company) Name: WEST TEXAS PAVING INC. State of Texas VID #: TX 752028682 Pant of Contact: DARRELL JARNAGIN l b. Is your company a State of Texas certified HUB? ❑ - Yes ® - No I c. Solicitation #: LBB AIRFIELD ASPHALT REPA Phone #: (806) 863.3550 • UZ - SUBCONTRACTING INTENTIONS After having divided the contract work into reasonable lots or portions to the extent consistent with prudent industry practices, the respondent must determine whe portion(s) of work, including goods or services, will be subcontracted. Note: In accordance with 1 TAC §111.12., a 'Subcontractor means a person who contracts with , vendor to work, to supply commodities, or contribute toward completing work for a governmental entity. Check the appropriate box that identifies your subcontracting intentions: ® Yes, I will be subcontracting portion(s) of the contract (If Yes, in the spaces provided below, list the portions of work you will be subcontracting, and go to page 2.) ❑ - No, I will not be subcontracting any portion of the contract, and will be fulfilling the entire contract with my own resources. (If No, complete SECTION 9 and 10.) Line Item # - Subcontracting Opportunity Description Line Item # - Subcontracting Opportunity Description ( #1) - MATERIAL HAUL (#11) - ( #2) - CONCRETE WORK (#12) - ( #3) - (#13) - ( #4) - (#14) - ( #5) - (#15) - ( #6) - (#16) - ( #7) - (#17) - ( #8) - (#18) - ( #9) - (#19) - (#10) - (#20) - "If you have more than twenty subcontracting opportunities, a continuation page is available at http.11www.tbpc.state.tx,us/hub/forms/HSP_sep06_conH,doc, Page 1 HSP Rev. 9105 Enter your company's name here: WEST TEXAS PAVING, INC. Solicitation #: R-18 PARKING LOT IMPORTANT: You must complete a copy of this page for each of the subcontracting opportunities you listed In SECTION 2. You may photocopy this page or l I download copies at hffp://www.tbpc.state.tx.uslhub/fonns%HSP sep06 cont2.doc. • - SUBCONTRACTING OPPORTUNITY l Enter the line item number and description of the subcontracting opportunity you listed in SECTION 2. Line item # 2 Description: CONCRETE WORK • - MENTOR-PROTtGt PROGRAM If respondent Is participating as a Mentor in a State of Texas Mentor Proi A Program, submitting their Prom i; Proi 6 must be a State of Texas certified HUB as a Po P P 9 �9 09 9 9( �9 ) i subcontractor to perform the portion of work (subcontracting opportunity) listed in SECTION 3, constitutes a good faith effort towards that s ecific portion of work. Will i you be subcontracting the portion of work listed in SECTION 3 to your Prot6g6? ❑ - Yes (If Yes, complete SECTION 8 and 10.) ® - No 1 Not Applicable (If No or Not Applicable, go to SECTION 5.) f • - PROFESSIONAL SERVICES CONTRACTS ONLY ` This section applies to Professional Services Contracts only. All other contracts go to SECTION 6. Does your HSP contain subcontracting of 20% or more with HUB(s)? ❑ - Yes (If Yes, complete SECTION 8 and 10.) ® - No 1 Not Applicable (If No or Not Applicable, go to SECTION 6.) ' In accordance with Gov9 Code §2254.004, 'Professional Services' means services: (A) within the scope of the practice, as defined by state law of accounting; architecture; landscape architecture, land surveying; medicine; optometry, professional engineering; real estate appraising; or professional nursing; or (B) provided in connection with the 1 professional employment or practice of a person who is licensed or registered as a certified public accountant; an architect; a landscape architect, a land surveyor, a physician, i including a surgeon; an optometrist, a professional engineer, a state certified or state licensed real estate appraiser, or a registered nurse. • - NOTIFICATION OF SUBCONTRACTING OPPORTUNITY Complying with a, b and c of this section constitutes Good Faith Effort towards the portion of work listed in SECTION 3. After performing the requirements of this section, complete SECTION 7, 8 and 10. a. Provide written notification of the subcontracting opportunity listed in SECTION 3 to three (3) or more HUBs, Use the State of Texas' Centralized Master Bidders ) List (CMBL), found at http:l/www.tbpc.state.tx.uslcmbilcmbihub.html, and its HUB Directory, found at http:lAvww.tbpc.state.tx.uslcmbUhubonly.html, to [ identify available HUBs. Note: Attach supporting documentation (letters, phone logs, fax transmittals, electronic mail, etc.) demonstrating evidence of the good faith effort performed. b. Provide written notification of the subcontracting opportunity listed in SECTION 3 to a minority or women trade organization or development center to assist in identifying potential HUBs by disseminating the subcontracting opportunity to their members/participants. A list of trade organizations and development centers may J be accessed at http.11www.tbpc.state.tx.uslhublminoritywomenbuslinks.html. Note: Attach supporting documentation (letters, phone logs, fax transmittals, electronic mail, etc.) demonstrating evidence of the good faith effort performed. i c. Written notifications should include the scope of the work, information regarding the location to review plans and specifications, bonding and insurance requirements, required qualifications, and identify a contact person, Unless the contracting agency has specked a different time period, you must allow the HUBs no less than five (5) working days from their receipt of notice to respond, and provide notice of your subcontracting opportunity to a minority or women trade organization or development center no less than five (5) working days prior to the submission of your response to the contracting agency. r L� • - HUB FIRMS CONTACTED FOR SUBCONTRACTING OPPORTUNITY List three (3) State of Texas certified HUBs you notified regarding the portion of work (subcontracting opportunity) listed in SECTION 3. Specify the vendor ID number, r l date you provided notice, and If you received a response. Note: Attach supporting documentation (letters, phone logs, fax transmittals, electronic mail, etc.) IlJ demonstrating evidence of the good faith effort performed. Company Name VID # Notice Date Was Response Received? (m Wd&/M) AMERITEX 8 1 18 12011 ❑ - Yes ®- No J&J FOUNDATION 8 1 18 12011 ❑ - Yes ®- No AK CONCRETE 8 1 18 12011 ❑ - Yes ®- No • - SUBCONTRACTOR SELECTION U List the subcontractor(s) you selected to perform the portion of work (subcontracting opportunity) listed in SECTION 3. Also, specify the expected percentage of work to be subcontracted, the approximate dollar value of the work to be subcontracted, and indicate if the company is a Texas certified HUB. L Expected % Approximate Texas Company Name VID # of Contract Dollar Amount Certified HUB? SPE&C 3b % $ p p p 0 ❑ - Yes ® - No* l % $ ❑ - Yes ❑ - No* J 'if the subcontractor(s) you selected is not a Texas certified HUB, provide written justification of your selection process below: l NO BID RECEIVED BY TEXAS CERTIFIED HUB i Page 2 HSP Rev. 9105 Enter your company's name here: WEST TEXAS PAVING, INC. Solicitation #: R-18 PARKING LOT IMPORTANT: You must complete a copy of this page for each of the subcontracting opportunities you listed in SECTION 2. You may photocopy this page of download copies at http.lAvww.tbpc.state.fx.us/hub/forms%HSP sep06_cont2.doc. • - SUBCONTRACTING OPPORTUNITY CEnter the line item number and description of the subcontracting opportunity you listed in SECTION 2. ' Line Item # 1 Description: MATERIAL HAUL • - MENTOR-PROTtGt PROGRAM If respondent is participating as a Mentor in a State of Texas Mentor Prothgh Program, submitting their Prothg5 (Prot6g6 must be a State of Texas certified HUB) as a subcontractor to perform the portion of work (subcontracting opportunity) listed in SECTION 3, constitutes a good faith effort towards that s ecific portion of work. Will you be subcontracting the portion of work listed in SECTION 3 to your Prothgh? ❑ - Yes (If Yes, complete SECTION 8 and 10.) ® - No I Not Applicable (If No or Not Applicable, go to SECTION 5.) • - PROFESSIONAL SERVICES CONTRACTS ONLY This section applies to Professional Services Contracts only. All other contracts go to SECTION 6. Does your HSP contain subcontracting of 20% or more with HUB(s)? ❑ - Yes (If Yes, complete SECTION 8 and 10.) ® - No I Not Applicable (If No or Not Applicable, go to SECTION 6.) In accordance with Gov? Code §2254.004, 'Professional Services' means services: (A) within the scope of the practice, as defined by state law of accounting; architecture; landscape architecture; land surveying; medicine; optometry; professional engineering; real estate appraising; or professional nursing; or (B) provided in connection with the professional employment or practice of a person who is licensed or registered as a certified public accountant, an architect; a landscape architect a land surveyor, a physician, including a surgeon; an optometrist; a professional engineer, a state certified or state licensed real estate appraiser, or a registered nurse. WORN M.. - NOTIFICATION OF SUBCONTRACTING OPPORTUNITY Complying with a, b and c of this section constitutes Good Faith Effort towards the portion of work listed in SECTION 3. After performing the requirements of this section, complete SECTION 7, 8 and 10. a. Provide written notification of the subcontracting opportunity listed in SECTION 3 to three (3) or more HUBS. Use the State of Texas' Centralized Master Bidders List (CMBL), found at htfp:IAvww.tbpc.state.tx.us/cmbl/cmblhub.html, and its HUB Directory, found at http://www.tbpc.state.tx.uskmbl/hubonly.html, to identify available HUBS. Note: Attach supporting documentation (letters, phone lops, fax transmittals, electronic mail, -etc.) demonstrating evidence of the good faith effort performed. b. Provide written notification of the subcontracting opportunity listed in SECTION 3 to a minority or women trade organization or development center to assist in identifying potential HUBs by disseminafing the subcontracting opportunity to their members/participants. A list of trade organizations and development centers may be accessed at http.lAvww.tbpc.state.tx.us/hub/minoritywomenbuslinks.htmt Note: Attach supporting documentation (letters, phone logs, fax transmittals. electronic mail, etc.) demonstrating evidence of the good faith effort performed. c. Written notifications should include the scope of the work, information regarding the location to review plans and specifications, bonding and insurance requirements, required qualifications, and identify a contact person. Unless the contracting agency has specified a different time period, you must allow the HUBs no less than five (5) working days from their receipt of notice to respond, and provide notice of your subcontracting opportunity to a minority or women trade organization or development center no less than five (5) working days prior to the submission of your response to the contracting agency. • MiL - HUB FIRMS CONTACTED FOR SUBCONTRACTING OPPORTUNITY List three (3) State of Texas certified HUBs you notified regarding the portion of work (subcontracting opportunity) listed in SECTION 3. Specify the vendor ID number, - - date you provided nonce, and If you received a response. Note: Attach supporting documentation (letters, phone logs, fax transmittals, electronic mail, etc.) demonstrating evidence of the good faith effort performed. Company Name VID # Notice Date Was Response Received? l�edrrrv) ' DC TRUCKING 8 1 18 12011 ❑ - Yes ® - No SAENZ TRUCKING 81 1 18 12011 ® - Yes ❑ - No FLOYD TRUCKING 175215274 8 1 18 12011 ❑ - Yes ® - No • - SUBCONTRACTOR SELECTION List the subcontractor(s) you selected to perform the portion of work (subcontracting opportunity) listed in SECTION 3. Also, specify the expected percentage of work to �- be subcontracted, the approximate dollar value of the work to be subcontracted, and indicate if the company is a Texas certified HUB. Expected % Approximate Texas Company Name VID # of Contract Dollar Amount Certified HUB? SAENZ TRUCKING % $73-6 t0 ®- Yes ❑ - No* % $ ❑ - Yes ❑ - No' ( *If the subcontractor(s) you selected is not a Texas certified HUB, provide written justification of your selection process below: L_ Page 2 HSP Rev. 9105 Pate Intentionally Left Blank m PAYMENT BOND Page Intentionally Left Blank L BOND NO. TXC90418 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF ME TEXAS GOVERNMENT CODE (CONTRACTS MOR13 TfIAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the MERCHANTS BONDING COMPANY WEST TEXAS PAVING, INC. Principal(s), as Pt-incipat(s) and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), ui the amot t of FOUR HLTNDiE-D '1'WEr4TY-ONir jnggU AND SEVEN HUNDRED TWCLVE DOLLARS AND FOV.9 CENTS ($ 421.712,04) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, sucemors and assigns, jointly and severally, firmly by these presents. WHFRP-AS, the Principal has entered into a certain written contract with the Obligee, dated the V" day of September 2011,to CONSTRUCT ASPHALT REPAIR - ITB 11-10163-MA LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT LBB AIRFIELD, LUBBOCK, TX and said Prinoipal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is ht;mby referred to and made a part hereof as fully and to the same cxtcnt as if copied at length herein. NOW, THCR--E�ORE, TIM CONDITION Or THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.a21(a) of the Texas Government Code, and all liabilities on this bond shall be detertnined in accordance with the provisions of said Article to the same cxtcnt as if it were copied at length herein. iN WnNESS VTIMUOF, the said. Principal (s) and Surety (s) have signed and scaled this instrument this 30TH day of SEPTEMBE2011. MERCHANTS BONDING COMPANY WEST TEXAS PAVING, INC. Surety (Company Flame) c� * By; DARRELL JARNAGIN ('Title) SUSAN CRAIN ( d Na ATTORNEY -IN -FACT r 1 No Text designates _ JASON MAINS an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. MERCHANTS BONDING COMPANY S urety Appravcd as to form: City of ZA k By: ttome " Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files, 2 No Text MERCHANTS NATION S BONDING COMPANY BONDING COMPANY POWER OF ATTORNEY Bond No. TXC90418 KNOW ALL PERSONS BY THESE PRESENTS: That MERCHANTS BONDING COMPANY (MUTUAL) is a corporation duly organized under the laws of the State of Iowa, and that NATIONS BONDING COMPANY is a corporation duty organized under the laws of the State of Texas (herein collectively called the "Companies', and that the Companies do hereby make, constitute and appoint Susan Crain, Michael N. Rudberg, David P. Barrie of Dallas and State of Texas their true and lawful Attomey-in-Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds; undertakings, recognizances or otherwritten obligations` in the nature thereof subjectto the limitation drat aqy such instrument shall not exceed the amount of: FIVE MILLION '($5;00o-000.00)`DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attomey-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding Company on April 19, 2003'. - "The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoipt Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company theretp, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 11th day of January , 2011. .0 .. !.. G'••• _�� °OAgo p•: �i 2003 -aa' •.tea; STATE OF IOWA • COUNTY OF POLKss. MERCHANTS BONDING COMPANY (MUTUAL) NATIONS BONDING COMPANY President On this 11 th day of January , 2011, before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of MERCHANTS BONDING COMPANY (MUTAJAL) and NATIONS BONDING COMPANY; and that the seals affixed to the foregoing instrument are the corporate seals of the Companies; and that the said instrument was signed and sealedin behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seat at the City of Des Moines, Iowa, the day and year first above written. CINOY SMYTH N Commission Number 1T3504 U ow My Commission Expires STATE OF IOWA March 16, 201Z Notary Public, Polk County, Iowa COUNTY OF POLKss. I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY, do hereby certify thatthe.above andforegoing is a true, and correct x:opyof the.POWER-.OF,ATTORNEY executed. by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 30TIbay of S EPTEMBgR • 2011 .• o 14 D iN �•.• • 'O CO q' n : i ro'. .�i'. 2003 -aa .•• N•� Via•. NBC 0103 (1/09) G CO,•. • A' Cj a: : 1933 � •Cti. Secretary d ra MERCHANT NATIONS ®%� BONDING COMPANY bBONDING COMPANY POWER OF ATTORNEY Bond No. TXC90418 KNOW ALL PERSONS BY THESE PRESENTS: That MERCHANTS BONDING COMPANY (MUTUAL) is a corporation duty organized under the laws of the State of Iowa, and that NATIONS -BONDING COMPANY is a corporation duly organized under the taws of the State of Texas (herein collectively called the "Companiesl, and that the Companies do hereby make, constitute and appoint Susan Crain, Michael N. Rudberg, David P. Barrie of Dallas and State of Texas their true and lawful Attomey-in-Fad, with full power and-autho-W hereby conferred in their name, -place and -stead; to sign; execute, acknowledger and deilvef In- their- behalf as surety- — - - - arry and alf bonds; undertakings, recognizances or other written obligations- in the nature thereof; subject -to the limitatigrr lhat aqy such instrument shall not exceed the amount of: FIVE MILLION f $5,001F,000.00)`DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attomey-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey Is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding Company on April 19, 2003'. - "The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appolpt Attomeys4n-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Compar►y theretp, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In the natrme thep�of. The signature of any authorized officer and the Seal of the Company may be affixed by facsimite to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 11th day of January , 2011. CO •�0� 9gr;.C) :2 tj%;O• 2003 'a ..r A STATE OFIOWA '••.•'�•.• COUNTY OF POLKss. .• ��N� CO ••. :ry—:= -o_ to. 6 1933 c • MERCHANTS BONDING COMPANY (MUTUAL) NATIONS BONDING COMPANY By 774- President On this 11 th day of January , 2011 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING -COMPANY (MUTUAL) and NATIONS BONDING COMPANY; and that the seats affixed to the foregoing instrument are the corporate seats of the Companies; and that the said instrument was signed and sealed. in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. EPCINDY SMYTH Commission Number 173b04My Commission Expires STATE OF IOWA March 16, 2012 Notary Public, Polk County, Iowa COUNTY OF POLK ss. 1, William Wamer, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY, do hereby certify thatthe-above and4oregoing is a true.and correctcopyof the -POWER -OF ATTORNEY executedby said Companies, which is still in full force and effect and has not been amended or revoked. In Witness VVIweof, I have hereunto set my hand and affixed the seal of the Companies on this 30THiay ofSEPTEMBAR , 2011 • •0 �1 . 1. Q. •0' OAPOA ••.n Z: _ m 0. 2003 a •a NBC 0103 (1/09) Secretary S A °' STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $50,000) KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s) and J (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the { Obligee), in the amount of FOUR HUNDRED TWENTY-ONE THOUSAND SEVEN HUNDRED TWELVE DOLLARS AND FOUR CENTS ($ 421.712.04) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _27`h day of September 2011, to and said Principal under the law is required before commencing 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 same extent as if 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 material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of 2011. Surety _ * By: �..., (Title) 1 (Company Name) By: (Printed Name) (Signature) designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety * By:, (Title) ' Approved as to form: City of Lubbock By: ,. City Attorney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 PERFORMANCE BOND Page Intentionally Left Blank STATUTORY PE"ORMAZ4CU BONb PURSOANT TO SECTION 2253.021(a) OF THE TF_.XAS GOVERNMENT COVE (CONTRACTS MORE T1I11N $100,000) BOND NO. TXC90418 KNOW ALL MFN BY THESE FRESENTS, that WEST TEXAS PAVING, INC. (hGmixiafter called I the Priacipal(s), as Principal(s), and MERCHANTS BONDING COMPANY (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (herein28er called the Obligee), in the amount of _FOUR .RUNDR)I-D TWENTY -QM,' TROUSAND .SEV7�i II[Ti'abltED 'iWELYE DOLLARS AND FOLYR CENTS (S 421,712.041 lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their hears, administrators, executors, successors and assigns, jointly and severally, birrAy by these presents. WIfEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 27`� day of Sentember 20I.1, to CONSTRUCT ASPHALT REPAIR - ITB 11-10163-MA LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT LBB AIRFIELD, LUBBOCK,. TX and said principal undar the law is'regWred before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby refenxed to and made a part hereof as fully and to the saline extent as if copied at length heroin. NOW, IVEREFORE, TIIE CONDITION OF THIS O'BLIGAnON IS SUCH that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, that this obligation shall be void; otherwise to remain in full force and effect. PROVMEI), HOWEVER, that this bond is executed pursuant to the, provisions of Section 2253.021(a) of the Texas Goverwnent Code, and all liabilities on this bond sha11 be detcrnained in accordaoee with the provisions of said &cle to the same extent as if it were copied at length herein. IN WUNESS WHEREOF, the said Principal (s) and Surety.(s) have signed and scaled this inst aiment this 30TH day of SEPTEMBER , 2011. MERCHANTS BONDING COMPANY Surety By " (Title} SIIS/#N CRAIN ATTORNEY -IN -FACT WEST TEXAS PAVING, INC. (Company Namc) By, DARRELL JARNAGIN (11tic) r r The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates JASON MAINS an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of proms% may be had in mamrs arising out of such suretyship, MERCHANTS BONDING COMPANY Surety `tlG} Approved as to Form City of ub ock !3y; ity Attorney * Note: If signcd by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such -obligation. If'signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 5. . r - - .._..... _ . t � 4 } ,a STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) F KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of FOUR HUNDRED TWENTY-ONE THOUSAND SEVEN HUNDRED TWELVE DOLLARS AND FOUR CENTS ($ 421.712.04) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. j WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the�27`h day of September 2011, to i' and said principal under the law is required before commencing 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 same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this ' day of 2011. Surety (Company Name) _s * By: By: (Title) (Printed Name) (Signature) . y (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By: (Title) Approved as to Form City of Lubbock By: City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 CERTIFICATE OF INSURANCE Page Intentionally Left Blank coRO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/6/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Sanford & Tatum Insurance Agency CONTACT Tammie Manle NAME: y FAX PHONED X . (806) 792-5564 A/C No: (806)792-9344 ADDRESS:Manley" sanfordtatum.com 6303 Indiana Ave. P.O. BOX 64790 PRODUCER RID#A0011301 INSURERS AFFORDING COVERAGE NAIC N Lubbock TX 79464 INSURED INSURERA:National American Ins. Co. 366 INSURERB:Texas Mutual Insurance Co. 22945 INSURERC: West Texas Paving, Inc., DBA: Darrell Jarnagin INSURER D : P.O. BOX 64187 INSURER E INSURER F : Lubbock TX 79464 COVERAGES CERTIFICATE NUMBER:2011/2012 This One REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE I UBR POLICY NUMBER MM/DDY� MM/ POLICY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX OCCUR kPO5310342 1/5/2011 1/5/2012 EACH OCCURRENCE $ 1,000,000 GETO PREMISES SES EaEoccurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 05310342 1/5/2011 1/5/2012 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ X X Uninsured motorist combined $ Underinsured motorist $ UMBRELLALIAB EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A SF-0001129850 /7/2011 /7/2012 X WC STATU,- OTH- I ER 000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) JOB REF: LUBBOCK AIRFIELD IMPROVEMENT INSURED HAS AN ADDITIONAL INSURED AND WAIVER OF SUBROGATION ON GL AND AL POLICY AND A WAIVER OF SUBROGATION ON WC POLICY IF REQUIRED BY WRITTEN CONTRACT. 30 DAYS NOTICE OF CANCELLATION EXCEPT FOR 10 DAYS NOTICE DUE OT NON-PAYMENT OF PREMIUM. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF LUBBOCK OFFICE OF PURCHASING AUTHORIZED REPRESENTATIVE P. O. BOX 2000 LUBBOCK, TX 79457 Douglas Sanford/TJM- ACORD 25 (2009109) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025 (200909) The ACORD name and logo are registered marks of ACORD No Text CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Suite 102 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this comnanv. the further hereinafter described. Exceotions to standard oolicv noted hereon. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY ❑ Commercial General Liability General Aggregate $ ❑ Claims Made Products-Comp/Op AGG $ ❑ Occurrence Personal & Adv. Injury $ ❑ Owner's & Contractors Protective Each Occurrence $ ❑ Fire Damage (Any one Fire) $ $ Med Exp (Any one Person) AUTOMOTIVELIABILITY ❑ Any Auto Combined Single Limit $ ❑ All Owned Autos Bodily Injury (Per Person) $ ❑ Scheduled Autos Bodily Injury (Per Accident) $ ❑ Hired Autos Property Damage $ ❑ Non -Owned Autos GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ ❑ BUILDER'SRISK ❑ 100016of the Total Contract Price $ ❑ INSTALLATIONFLOATER $ EXCESS LIABILITY ❑ Umbrella Form Each Occurrence $ Aggregate $ ❑ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ ❑ Included Statutory Limits Partners/Executive ❑ Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER 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 less 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 THE CERTIFICATE OF INSURANCE (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK By: Title: THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED ON GENERAL LIABILITY AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETED OPERATIONS Page Intentionally Left Blank REQUIRED WORKERS' COMPENSATION COVERAGE CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Page Intentionally Left Blank REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must i (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection seven (7) of this checklist. (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services.❑ Page Intentionally Left Blank I CONTRACT Page Intentionally Left Blank g g{[ Y CONTRACT 10163 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 27"' day of September 2011 by and between the City of g Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and West Texas Paving, Inc. of the City of Lubbock, County of Lubboc 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 CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID: 11-10163-MA - Lubbock Preston Smith International Airport - LBB Airfield Asphalt Repair - Package 1 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 Conditions of the Agreement West Texas Paving, Inc.'s bid dated August 23, 2011 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within five (5) 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 bid 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. CITY OF LUBBOCK, TEXAS (OWNER): COMPLETE ADDRESS: Company L:. T TexovaVIN, 6 1MC Address z>I< L 4 1 B City, State, Zip" 0 Ace- A - ATTEST: Corpor e Secretary MAYOR ATTEST: City S etary APPROVED AS Owner's James of APP AS O ORM: City Attorney Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to wit West Texas Paving, Inc. who has agreed to perform the work embraced in this contract, 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, City of Lubbock, or its representative, STEVE NICHOLSON, DEPUTY DIRECTOR, OPERATIONS & SAFETY, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid Submittal Form, Safety record Questionnaire, Debarment certification, EEO certification, Buy American certification, Davis- Bacon certification, Nonsegregated Facilities certification, Trade Restriction clause, DBE Contracting forms, Signed Contract, Statutory Bonds, General Conditions of the Agreement, FAA Mandatory Contract Provisions, FAA General Provisions, Special Provisions, Technical Specifications, Plans, Insurance Certificates, Wage Rate Determination and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 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. _ 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 shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated 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 the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES 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 documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality and free from material defects. 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 held 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 documents 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 manner 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, upon written request, shall be furnished ten (10) copies of all plans and specifications without expense to Contractor and Contractor 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 or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 1], 13. LINES AND GRADES All lines and grades shall be furnished by the Contractor whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Contractor to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative 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 Contractor, it's Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Contractor 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 has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. 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 the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 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 Contractor 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 fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 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 its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that 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. 17. 18 19 The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials 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 affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to 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 work, shall be sustained and borne by the Contractor at its own cost and expense. CHARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, 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 Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish 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 consent or 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. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, 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. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, 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 Representative 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 such 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 Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, 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 approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and 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 the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further 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 materials for the work herein contemplated, or any part 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 basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase 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 case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for 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, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, 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 Representative 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 sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" 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 Workers' 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 ( a 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 matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery 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 compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense 1 not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or t_ s 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 Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative 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 insists 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)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, 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. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owner's Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than ten (10) calendar 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 Owner's 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 specified, the Contractor shall, if so ordered in writing, increase its 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 AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' 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 laws 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 or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required 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 notice of cancellation or any material change will be provided thirty (30) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized 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 certificate of insurance specifying each and all coverage's shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, 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. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETED OPERATIONS A. Commercial General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and $1,000.000 ___per occurrence to include: Products & Completed Operations Hazard AGG Contractual Liability Personal & Adv Injury Heavy Equipment Any combination of up to S Million: dollars in coverage bet;Peen Commercial General Liability and Excess Liability- Umbrella form will be acceptable to the City. B. Owner's and Contractor's Protective Liability Insurance - NOT REQUIRED C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. Any Auto D. Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED E. Umbrella Liability Insurance - NOT REQUIRED F. Worker's Compensation (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least statutory / 50$ 0,000 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 0406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: I � { 1 (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, r within 10 days after the person knew or should have known, of any change that ' materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor.to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of -contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 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: (4) (5) (6) The name and address of the insured. The location of the operations to which the insurance applies. The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. m The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. 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. coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter 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. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless 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 specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 32. 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 affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor 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, insofar as the same regulates the objects for which, or the manner 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 same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its 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 its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL 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 documents, 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 as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation the amounts as stated in the bid submittal form. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its 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 contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its 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 intends 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 several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid 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 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge 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 sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES 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. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and i__� 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 bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, 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. 1 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 Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid 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 Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. 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 defective 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 contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if c found to be in order, shall prepare a certificate for partial 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. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. g E"1 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 the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion 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 contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. 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. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor 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 date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE 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) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, 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. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , 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 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 Work, 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. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing 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 supplies 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 completed 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 completed by said Contractor, then the Contractor and/or its 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 newspaper 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. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 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, if applicable, 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 certification of completion. 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, if applicable, 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, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, 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, if applicable, 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, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. 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 machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies , provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. iI i_ 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. All bonds shall be submitted on forms acceptable to the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. THE BOND MUST BE IN A FORM ACCEPTED BY THE CITY ATTORNEY AND MUST BE DATED THE SAME AS THE CONTRACT AWARD DATE. 51. SPECIAL PROVISIONS In the event special provisions are contained herein as part of the contract documents and said special provisions conflict with any of the general conditions contained in this contract, then in such event the special provisions shall control. In the event there is a discrepancy between the specifications and the general conditions, the specifications shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense 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 or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its 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 observe Contractor's work during Contractor's 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. 54. 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 Contractor shall remove all such debris and also its 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. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or g incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project c_ site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum Products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner' 's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 56 NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 58. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 60. SPECIAL PROVISIONS . E In the event special provisions are contained herein as part of the contract documents and said special provisions conflict with any of the general conditions contained in this contract, then in such event the special provisions shall control. In the event there is a discrepancy between the specifications and the general conditions, the specifications shall control. 61. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense 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 or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 62. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its 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 observe Contractor's work during Contractor's performance and to cant' 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, fine, or corporation. 63. 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 Contractor shall remove all such debris and also its 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. 64. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 65. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. DAVIS BACON WAGE DETERMINATIONS Paee Intentionally Left Blank 1 GENERAL DECISION: TX20100028 03/12/2010 TX28 Date: March 12, 2010 General Decision Number: TX20100028 03/12/2010 Superseded General Decision Number: TX20080028 State: Texas Construction Types: Heavy and Highway Counties: Ector, Lubbock, Midland, Potter, Randall, Taylor and Tom Green Counties in Texas. HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not include building structures in rest area projects). Modification Number Publication Date 0 03/12/2010 * SUTX2004-001 11/09/2004 Rates Asphalt Distributor Operator ... $ 9.25 Asphalt Heater Operator ........ $ 11.21 Asphalt paving machine operator$ 11.16 Asphalt Raker ..................$ 9.51 Broom or Sweeper Operator ...... $ 8.57 Bulldozer operator ...........$ 9.76 Carpenter ......................$ 12.61 Concrete Finisher, Paving ...... $ 13.26 Concrete Finisher, Structures..$ 11.20 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator .......................$ 11.00 Electrician ....................$ 17.00 Form Builder/Setter, Structures$ 9.26 Form Setter, Paving & Curb ..... $ 9.82 Front End Loader Operator ...... $ 10.52 Laborer, common ................$ 8.51 Laborer, Utility ...............$ 10.46 Mechanic .......................$ 16.85 Motor Grader Operator Rough .... $ 11.75 Motor Grader Operator, Fine Grade ..........................$ 13.50 Planer Operator ................$ 13.36 Roller Operator, Pneumatic, Self -Propelled .................$ 7.67 Roller Operator, Steel Wheel, Flat Wheel/Tamping.............$ 8.06 Roller Operator, Steel Wheel, Plant Mix Pavement .............$ 7.50 Scraper Operator ...............$ 8.50 Servicer .......................$ 8.98 Slip Form Machine Operator ..... $ 13.64 Tractor operator, Pneumatic .... $ 12.00 Traveling Mixer Operator ....... $ 12.00 Truck driver, lowboy -Float ..... $ 12.67 Truck driver, Single Axle, Heavy ..........................$ 8.50 Truck driver, Single Axle, Fringes 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Light...........................$ Truck Driver, Tandem Axle, Semi -Trailer ...................$ Welder.........................$ Work Zone Barricade Servicer... $ ---------------------------------- 8.08 0.00 8.66 0.00 15.25 0.00 8.28 0.00 ------------------------------ WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. 1 Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION Page Intentionally Left Blank FAA MANDATORY CONTRACT PROVISIONS FAA GENERAL PROVISIONS SPECIAL PROVISIONS TECHNICAL SPECIFICATIONS Page Intentionally Left Blank r Specifications City of Lubbock, Texas Lubbock Preston Smith International Airport LBB Airfield Asphalt Repair Package 1 City of Lubbock Bid No. 11-10163-MA July 2011 PARKHILLSMITH&+COOPER PSC Project # 01271010 Specifications City of Lubbock, Texas Lubbock Preston Smith International Airport LBB Airfield Asphalt Repair Package 1 ��b d --s�uw 0- � RAARoL( ft L18-0.FR-FR' j C3 07/18/11 City of Lubbock Bid No. 11-10163-MA July 2011 PARKHILISMITH&COOPER PSC Project # 01271010 111 LBB AIRFIELD ASPHALT REPAIR (PACKAGE 1) r TABLE OF CONTENTS FAA MANDATORY PROVISIONS GENERAL PROVISIONS SPECIAL PROVISIONS TECHNICAL SPECIFICATIONS ITEM P-101 SURFACE PREPARATION ITEM P-140 MOBILIZATION ITEM P-152 EXCAVATION AND EMBANKMENT ITEM P-153 CONTROLLED LOW -STRENGTH MATERIAL (CLSM) ITEM P-154 SUBBASE COURSE ITEM P-156 TEMPORARY AIR AND WATER POLLUTION, SOIL EROSION, AND SILTATION CONTROL ITEM TxDOT 247 (2004) FLEXIBLE BASE ITEM 341 DENSE -GRADED HOT -MIX ASPHALT (QC/QA) ITEM P-501 PORTLAND CEMENT CONCRETE PAVEMENT ITEM P-602 BITUMINOUS PRIME COAT ITEM P-603 BITUMINOUS TACK COAT ITEM P-605 JOINT SEALING FILLER ITEM P-620 RUNWAY AND TAXIWAY PAINTING ITEM T-901 SEEDING ITEM T-905 TOPSOILING EB NO.44B COAL -TAR SEALER/REJUVENATOR ITEM MC - MISCELLANEOUS CONSTRUCTION ITEM MC - ROCK RIPRAP AND FILTER FABRIC APPENDIX A - ADVISORY CIRCULAR AC 150/5370-2E APPENDIX B - ADVISORY CIRCULAR AC 150/5210-5D APPENDIX C - GEOTECHNICAL INVESTIGATION 01271010 TABLE OF CONTENTS PAGE - 1 07/ 11 Page Intentionally Left Blank FAA MANDATORY PROVISIONS AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 - GENERAL CIVIL RIGHTS PROVISIONS The contractor assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a 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. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the aforementioned criteria and requirements. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART 5 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 and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $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 of this section. CERTIFICATION REGARDING DEBAREMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. 1 TERMINATION OF CONTRACT a. 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 Y materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. b. 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. c. 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. d. 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. e.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. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS - 41 CFR Part 60.4.3 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, ..,,j or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and 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 18.7a through 18.7p 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. 6. In order for the non -working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to , achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of 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 and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority- and female off -the -street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred <` back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written 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 female sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. 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 j 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. �.. I 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 1 notification to and discussing the contractor's EEO policy with other contractors and 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 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 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 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. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non -segregated 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. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (18.7a through 18.7p). 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 18.7a through 18.7p 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 non -minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) 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. j 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. i i 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of i 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 Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive 1 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 18.7 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 1 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. F- 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 1 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION - 41 CFR PART 60-2 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority participation for each trade (Vol. 45 Federal Register pg. 65984 10/3/80) Goals for female participation in each trade (6.9%) 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 covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its Federally involved and non -federally involved construction. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific 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. 4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is State of Texas, Lubbock County, City of Lubbock. CERTIFICATION OF NONSEGREGATED FACILITIES - 41 CFR PART 60-1.8 Notice to Prospective Federally Assisted Construction Contractors 1. A Certification of Non -segregated Facilities shall be submitted prior to the award of a federally - assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving federally -assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Notice to Prospective Subcontractors of Requirements for Certification of Non -Segregated Facilities 1. A Certification of Non -segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CERTIFICATION OF NONSEGREGATED FACILITIES The federally -assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or 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 she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or 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 by explicit directives or are, in fact, 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 she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or 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 she or he will retain such certifications in his files. EQUAL EMPLOYMENT OPPORTUNITY - 41 CFR PART 60-1.4(b) 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 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. 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 s/he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or 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 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. DAVIS BACON REQUIREMENTS 1. Minimum Wages (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered l wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular j weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately g set forth the time spent in each classification in which work is performed. The wage ! determination (including any additional classification and wage rates conformed under (1)(ii) - of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; 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, 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. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(1i) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2 Withholding. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to David -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records 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 the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. ' (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the 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. (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)(i) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (III) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying or transcription by authorized representatives of the Sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, 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 apprenticeship program, i 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 i 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 i registered program shall be observed. Every apprentice must be paid at not less than the rate yspecified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the 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 ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination 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 `E 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. 7. Contract Termination: Debarment. A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance With Davis -Bacon and Related Act Requirements. f,_ All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(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. VETERAN'S PREFERENCE In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.. TRADE RESTRICTION CLAUSE w The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 1-i RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to regulations issued b 9 9 1 9 Y the FAA and the Sponsor of the Federal grant under which this contract is executed. BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the contractor or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of F any duties, obligations, rights and remedies otherwise imposed or available by law. �� 1 ENERGY CONSERVATION REQUIREMENTS The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163) DISADVANTAGED BUSINESS ENTERPRISES Contract Assurance (§26.13) - The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from City of Lubbock, Lubbock Preston Smith International. The prime contractor agrees further to return retainage payments to each subcontractor within [specify the same number as above] days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Lubbock, Lubbock Preston Smith International Airport. This clause applies to both DBE and non -DBE subcontractors. { ACCESS TO RECORDS AND REPORTS The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and qr reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. a (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. .„i CIVIL RIGHTS ACT OF 1964, TITLE VI — CONTRACTOR CONTRACTUAL REQUIREMENTS During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1.1 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. 1.2 Nondiscrimination. The contractor, with regard to the work performed by it during the i contract, shall not discriminate on the grounds of race, color, or national origin in the selection 1 and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a y; program set forth in Appendix B of the Regulations. 1.3 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. 1.4 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. 1.5 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 not 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. 1.6 Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. GENERAL PROVISIONS i_ 9/30/2009 AC 150/5370-10E PART I - GENERAL PROVISIONS SECTION 10 DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the contract, or in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows: 10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO. 10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10-03 ADVERTISEMENT. A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 AIP. The Airport Improvement Program, a grant-in-aid program, administered by the Federal Aviation Administration. 10-05 AIR OPERATIONS AREA. For the purpose of these specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10-06 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft; an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; and airport buildings and facilities located in any of these areas, and includes a heliport. 10-07 ASTM. The American Society for Testing and Materials. 10-08 AWARD. The acceptance, by the Owner, of the successful bidder's proposal. 10-09 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. 10-10 BUILDING AREA. An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights -of -way together with all airport buildings and facilities located thereon. 10-11 CALENDAR DAY. Every day shown on the calendar. 10-12 CHANGE ORDER. A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the scope of the contract. 10-13 CONTRACT. The written agreement covering the work to be performed. The awarded contract shall include, but is not limited to: The Advertisement; The Contract Form; The Proposal; The Performance Bond; The Payment Bond; any required insurance certificates; The Specifications; The Plans, and any addenda issued to bidders. 10-14 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the contract. 10-15 CONTRACT TIME. The number of calendar days or working days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date. GP-1 9/30/2009 AC 150/5370-10E 10-16 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work. 10-17 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area. 10-18 ENGINEER. The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for engineering inspection of the contract work and acting directly or through an authorized representative. 10-19 EQUIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-20 EXTRA WORK. An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Engineer to be necessary to complete the work within the intended scope of the contract as previously modified. 10-21 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his/her duly authorized representative. 10-22 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, Commercial Item Descriptions, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. 10-23 FORCE ACCOUNT. Force account construction work is construction that is accomplished through the use of material, equipment, labor, and supervision provided by the Owner or by another public agency pursuant to an agreement with the Owner. 10-24 INSPECTOR. An authorized representative of the Engineer assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. 10-25 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the Owner. Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference. 10-26 LABORATORY. The official testing laboratories of the Owner or such other laboratories as may be designated by the Engineer. 10-27 LIGHTING. A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface. 10-28 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20 percent of the total amount of the award contract. All other items shall be considered minor contract items. GP-2 9/30/2009 AC 150/5370-10E 10-29 MATERIALS. Any substance specified for use in the construction of the contract work. 10-30 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. 10-31 OWNER. The term "Owner" shall mean the party of the first part or the contracting agency signatory to the contract. For AIP contracts, the term "sponsor" shall have the same meaning as the term "Owner." Where the term "Owner" is capitalized in this document, it shall mean airport owner or sponsor only. 10-32 PAVEMENT. The combined surface course, base course, and subbase course, if any, considered as a single unit. 10-33 PAYMENT BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that he will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-34 PERFORMANCE BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract. 10-35 PLANS. The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the contract, supplementary to the specifications. 10-36 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport. 10-37 PROPOSAL. The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications. 10-38 PROPOSAL GUARANTY. The security furnished with a proposal to guarantee that the bidder will enter into a contract if his/her proposal is accepted by the Owner. 10-39 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft. 10-40 SPECIFICATIONS. A part of the contract containing the written directions and requirements for completing the contract work. Standards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if included in the contract physically. 10-41 SPONSOR. See definition above of "Owner." 10-42 STRUCTURES. Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; flexible and rigid pavements; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 10-43 SUBGRADE. The soil that forms the pavement foundation. 1044 SUPERINTENDENT. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction. 10-45 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and the Owner covering (1) work that would increase or decrease the total amount of the awarded contract, or any major contract item, by more than 25 percent, such increased or decreased work being within the scope of the originally awarded contract; q or (2) work that is not within the scope of the originally awarded contract. i GP-3 9/30/2009 AC 150/5370-10E F subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices. 20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans specifications, and contract forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications. Boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the Owner's design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his/her examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner. 20-07 PREPARATION OF PROPOSAL. The bidder shall submit his/her proposal on the forms furnished by the Owner. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals for which he proposes to do each pay item furnished in the proposal. In case of conflict between words and numerals, the numbers, unless obviously incorrect, shall govern. The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state under the laws of which the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his/her authority to do so and that the signature is binding upon the firm or corporation. 20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following reasons: a. If the proposal is on a form other than that furnished by the Owner, or if the Owner's form is altered, or if any part of the proposal form is detached. b. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind that make the proposal incomplete, indefinite, or otherwise ambiguous. c. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. d. If the proposal contains unit prices that are obviously unbalanced. e. If the proposal is not accompanied by the proposal guaranty specified by the Owner. The Owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the Owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20-09 BID GUARANTEE. Each separate proposal shall be accompanied by a certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such check, or collateral, shall be made payable to the Owner. 20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport, and name and business address of the bidder on the outside. GP-6 9/30/2009 AC 150/5370-10E When sent by mail, preferably registered, the sealed proposal, marked as indicated above, should be enclosed in an additional envelope. No proposal will be considered unless received at the place specified in the advertisement before the time specified for opening all bids. Proposals received after the bid opening time shall be returned to the bidder unopened. 20-11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the bidder's request for withdrawal is received by the Owner in writing or by telegram before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids. 20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read, publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be returned to the bidder unopened. 20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for any of the following reasons: a. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name. b. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the Owner until any such participating bidder has been reinstated by the Owner as a qualified bidder. c. If the bidder is considered to be in "default' for any reason specified in the subsection titled ISSUANCE OF PROPOSAL FORMS of this section. END OF SECTION 20 GP-7 9/30/2009 AC 150/5370-10E Intentionally Left Blank GP-8 9/30/2009 AC 150/5370-10E SECTION 30 AWARD AND EXECUTION OF CONTRACT 30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder's proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in numbers shall govern. Until the award of a contract is made, the Owner reserves the right to reject a bidder's proposal for any of the following reasons: a. If the proposal is irregular as specified in the subsection titled IRREGULAR PROPOSALS of Section 20. b. If the bidder is disqualified for any of the reasons specified in the subsection titled DISQUALIFICATION OF BIDDERS of Section 20. In addition, until the award of a contract is made, the Owner reserves the right to reject any or all proposals, waive technicalities, if such waiver is in the best interest of the Owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise. All such actions shall promote the Owner's best interests. 30-02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be made within 45 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. Award of the contract shall be made by the Owner to the lowest, qualified bidder whose proposal conforms to the cited requirements of the Owner. 30-03 CANCELLATION OF AWARD. The Owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the Owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the Owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two lowest bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful bidder's proposal guaranty will be returned. The successful bidder's proposal guaranty will be returned as soon as the Owner receives the contracts bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section. 30-05 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the contract, the successful bidder shall furnish the Owner a surety bond or bonds that have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work. The surety and the form of the bond or bonds shall be acceptable to the Owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract. 30-06 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return such signed contract to the owner, along with the fully executed surety bond or bonds specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section, within 15 calendar days from the date mailed or otherwise delivered to the successful bidder. If the contract is mailed, special handling is recommended. GP-9 9/30/2009 AC 150/5370-10E Extra Work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment of Extra Work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the Owner. 40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's equipment and personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the airport with respect to his/her own operations and the operations of all his/her subcontractors as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. With respect to his/her own operations and the operations of all his/her subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying: personnel; equipment; vehicles; storage areas; and any work area or condition that may be hazardous to the operation of aircraft, fire -rescue equipment, or maintenance vehicles at the airport. When the contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor's performance of work that is otherwise provided for in the contract, plans, and specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic. The Contractor shall furnish erect, and maintain barricades, warning signs, flagperson, and other traffic control devices in reasonable conformity with the manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office), unless otherwise specified herein. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise specified herein, the Contractor will not be required to furnish snow removal for such existing road, street, or highway. The Contractor shall make his/her own estimate of all labor, materials, equipment, and incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified in this subsection. The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be measured or paid for directly, but shall be included in the various contract items. 40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items. Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the contract. Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be utilized in the work as otherwise provided for in the contract and shall remain the property of the Owner when so utilized in the work. GP-12 [i 9/30/2009 AC 150/5370- I OE 40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be either embankment or waste, he may at his/her option either: P a. Use such material in another contract item, providing such use is approved by the Engineer and is in conformance with the contract specifications applicable to such use; or, b. Remove such material from the site, upon written approval of the Engineer; or c. Use such material for his/her own temporary construction on site; or, d. Use such material as intended by the terms of the contract. Should the Contractor wish to exercise option a., b., or c., he shall request the Engineer's approval in advance of such use. Should the Engineer approve the Contractor's request to exercise option a., b., or c., the Contractor shall be paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at his/her own expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for his/her use of such material so used in the work or removed from the site. Should the Engineer approve the Contractor's exercise of option a., the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of his/her exercise of option a., b., or c. The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications. 40-09 FINAL CLEANING UP. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. He shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property owner. END OF SECTION 40 GP-13 9/30/2009 AC 150/5370-10E Intentionally Left Blank GP-14[ N 9/30/2009 AC 150/5370-IOE SECTION 50 CONTROL OF WORK 50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. The Engineer shall decide all questions that may arise as to the interpretation of the specifications or plans relating to the work. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for the under contract. The Engineer does not have the authority to accept pavements that do not conform to FAA specification requirements. 50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans or specifications. If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his/her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, he will advise the Owner of his/her determination that the affected work be accepted and remain in place. In this event, the Engineer will document his/her determination and recommend to the Owner a basis of acceptance that will provide for an adjustment in the contract price for the affected portion of the work. The Engineer's determination and recommended contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in his/her opinion, needed. Changes in the contract price shall be covered by contract modifications (change order or supplemental agreement) as applicable. If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Engineer's responsibility to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor's prosecution of the work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Engineer with the authority, after consultation with the FAA, to use good engineering judgment in his/her determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the contract, plans and specifications. The Engineer will not be responsible for the Contractor's means, methods, techniques, sequences, or procedures of construction or the safety precautions incident thereto. 50-03 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited FAA advisory circulars; contract general provisions shall govern over plans, cited standards for materials or testing, and cited FAA advisory circulars; plans shall govern over cited standards for materials or testing and cited FAA advisory circulars. If any paragraphs contained in the Special Provisions conflict with General Provisions or Technical Specifications, the Special Provisions shall govern. GP-15 9/30/2009 AC 150/5370-10E The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his/her interpretation and decision, and such decision shall be final. LIST SPECIAL PROVISIONS SP-I SCOPE OF WORK SP-2 BASIS OF CONTRACT A WARD SP-3 TIME AND ORDER OF COMPLETION SP-4 CALENDAR DAY SP-5 LIMITATION OF OPERATION SP-6 AIRPORT OPERATIONS SECURITY SP-7 CONTRACTOR'S PLANT SITE, STORAGE AND OFFICE AREA(S) SP-8 PROTECTION OF PROPERTY SP-9 ELECTRIC POWER AND NATURAL GAS SP-10 LINES AND GRADES SP-11 WATER FOR CONSTRUCTION SP-12 MATERIAL TESTS SP-13 BARRICADES, SIGNS, AND HAZARD MARKINGS SP-14 PREVENTION OF AIR AND WATER POLLUTION SP-IS PROGRESS SCHEDULE SP-16 PUBLIC CONVENIENCE AND SAFETY SP-17 FINAL CLEANING UP SP-18 INSURANCE SP-19 REMOVALAND DISPOSAL OFSTRUCTURES, UTILITIESAND OBSTRUCTIONS SP-20 CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS SP-2I REMOVAL OF DEFECTIVE AND UNA UTHORIZED WORK SP-22 DISPUTED CLAIMS FOR EXTRA WORK SP-23 FEDERAL PARTICIPATION SP-24 INDEMNIFICA TION SP-25 OPENING OF SECTION OF AIRPORT TO TRAFFIC SP-26 CONTRACTOR SRESPONSIBILITYFOR WORK SP-27 CORRECTION OF FAULTY WORK AFTER FINAL PAYMENT SP-28 SEPARATE CONTRACTS SP-29 SHOP DRAWINGS SP-30 ENGINEER SP-31 TRENCH SAFETY SP-32 ENGINEER'S FIELD OFFICE SP-33 PROGRESS MEETINGS SP34 AIRCRAFT RESCUE AND FIREFIGHTING (ARFF) NOTIFICATION SP-35 GEO TECHNICAL INFORM4TION SP-36 OVERHEAD EQUIPMENT SAFETY 50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with five copies each of the plans and specifications. He shall have available on the work at all times one copy each of the plans and specifications. Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction. The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Engineer and his/her inspectors and with other contractors in every way possible. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his/her agent on the work. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the Engineer or his/her authorized representative. 50-05 COOPERATION BETWEEN CONTRACTORS. The Owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract. j Et; GP-16 I ' E� i t_3 9/30/2009 AC 150/5370-10E When separate contracts are let within the limits of any one project, each Contractor shall conduct his/her work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his/her contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange his/her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. He shall join his/her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish horizontal and vertical control only. The Contractor must establish all layout required for the construction of the work. Such stakes and markings as the Engineer may set for either his/her own or the Contractor's guidance shall be preserved by the Contractor. In case of negligence on the part of the Contractor, or his/her employees, resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the Contractor at the discretion of the Engineer. The Contractor will be required to furnish all lines, grades and measurements from the control points necessary for the proper prosecution and control of the work contracted for under these specifications. The Contractor must give weekly copies of the survey notes to the Engineer so that the Engineer may check them as to accuracy and method of staking. All areas that are staked by the Contractor must be checked by the Engineer prior to beginning any work in the area. The Engineer will make periodic checks of the grades and alignment set by the Contractor. In case of error on the part of the Contractor, or his/her employees, resulting in establishing grades and/or alignment that are not in accordance with the plans or established by the Engineer, all construction not in accordance with the established grades and/or alignment shall be replaced without additional cost to the Owner. No direct payment will be made, unless otherwise specified in contract documents, for this labor, materials, or other expenses therewith. The cost thereof shall be included in the price of the bid for the various items of the Contract. Construction Staking and Layout includes but is not limited to: Clearing and Grubbing perimeter staking. Rough Grade slope stakes at 100-foot stations. I Drainage Swales slope stakes and flow line blue tops at 50-foot stations. Subgrade blue tops at 25 foot stations and 25 foot offset distance (max.) for the following section locations: a. Runway — minimum 5 per station b. Taxiways — minimum 3 per station c. Holding apron areas — minimum 3 per station d. Roadways — minimum 3 per station Base Course blue tops at 25 foot stations and 25 foot offset distance (max.) for the following section locations: a. Runway — minimum 5 per station b. Taxiways — minimum 3 per station c. Holding apron areas— minimum 3 per station Pavement areas: a. Edge of Pavement hubs and tacks (for stringline by Contractor) at 100 foot stations b. Between Lifts at 25 foot stations for the following section locations: (1). Runways — each paving lane width (2). Taxiways — each paving lane width (3). Holding areas — each paving lane width c. After finish paving operations at 50 foot stations (1). All paved areas — Edge of each paving lane prior to next paving lot r ' GP-17 : c 9/30/2009 AC 150/5370-10E d. Shoulder and safety area blue tops at 50 foot stations and at all break points with maximum of 50 foot offsets Fence lines at 100 foot stations Electrical and Communications System locations, lines and grades including but not limited to duct runs, connections, fixtures, signs, lights, VASI's, PAPI's, REIL's, Wind Cones, Distance Markers (signs), pull boxes and manholes. Drain lines, cut stakes and alignment on 25-foot stations, inlet and manholes. Painting and Striping layout (pinned with 1.5 inch PK nails) marked for paint Contractor. (All nails shall be removed after painting) Laser, or other automatic control devices, shall be checked with temporary control point or grade hub at a minimum of once per 400 feet per pass (i.e. paving lane). NOTE: Controls and stakes disturbed or suspect of having been disturbed shall be checked and/or reset as directed by the Engineer without additional cost to the Owner. 50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is required to be operated automatically under the contract and a breakdown or malfunction of the automatic controls occurs, the equipment may be operated manually or by other methods for a period 48 hours following the breakdown or malfunction, provided this method of operations will produce results which conform to all other requirements of the contract. 50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the Owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the contract. Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor. Inspectors employed by the Owner are authorized to notify the Contractor or his/her representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for his/her decision. 50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized representative of the Owner may be ordered removed and replaced at the Contractor's expense unless the Owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) Owner, authorized representatives of the owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no way interfere with the rights of the parties to this contract. 50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work that does not conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. GP-18 r , 9/30/2009 _ _ _ AC _150/5370-IOE l _ , Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. No removal work made under provision of this subsection shall be done without lines and grades having been given by the Engineer. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or as given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the r provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the Owner) from any monies due or to become due the Contractor. 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage that may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor shall be responsible for all damage done by his/her hauling equipment and shall correct such damage at his/her own expense. 50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. 50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Owner may suspend any work necessary for the Owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the Owner, shall be deducted from monies due or to become due the Contractor. 50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the Owner, he may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, he may accept it as being completed, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the Owner shall not void or alter any provision of the contract. 50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire project, the Engineer and Owner will make an inspection. If all construction provided for and contemplated by the GP-19 9/30/2009 AC 150/5370-10E contract is found to be completed in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due him for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, he shall notify the Engineer in writing of his/her intention to claim such additional compensation before he begins the work on which he bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within 10 calendar days, submit his/her written claim to the Engineer who will present it to the Owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. 50-17 COST REDUCTION INCENTIVE. The provisions of this subsection will apply only to contracts awarded to the lowest bidder pursuant to competitive bidding. On projects with original contract amounts in excess of $100,000, the Contractor may submit to the Engineer, in writing, proposals for modifying the plans, specifications or other requirements of the contract for the sole purpose of reducing the cost of construction. The cost reduction proposal shall not impair, in any manner, the essential functions or characteristics of the project, including but not limited to service life, economy of operation, ease of maintenance, desired appearance, design and safety standards. This provision shall not apply unless the proposal submitted is specifically identified by the Contractor as being presented for consideration as a value engineering proposal. Not eligible for cost reduction proposals are changes in the basic design of a pavement type, runway and taxiway lighting, visual aids, hydraulic capacity of drainage facilities, or changes in grade or alignment that reduce the geometric standards of the project. As a minimum, the following information shall be submitted by the Contractor with each proposal: a. A description of both existing contract requirements for performing the work and the proposed changes, with a discussion of the comparative advantages and disadvantages of each; b. An itemization of the contract requirements that must be changed if the proposal is adopted; c. A detailed estimate of the cost of performing the work under the existing contract and under the proposed changes; and d. A statement of the time by which a change order adopting the proposal must be issued; e. A statement of the effect adoption of the proposal will have on the time for completion of the contract; GP-20 9/30/2009 AC 150/5370-IOE I i_ f. The contract items of work affected by the proposed changes, including any quantity variation attributable to them. The Contractor may withdraw, in whole or in part, any cost reduction proposal not accepted by the Engineer, within the period specified in the proposal. The provisions of this subsection shall not be construed to require the Engineer to consider any cost reduction proposal that may be submitted. The Contractor shall continue to perform the work in accordance with the requirements of the contract until a change order incorporating the cost reduction proposal has been issued. If a change order has not been issued by the date upon which the Contractor's cost reduction proposal specifies that a decision should be made, or such other date as the Contractor may subsequently have requested in writing, such cost reduction proposal shall be deemed rejected. The Engineer shall be the sole judge of the acceptability of a cost reduction proposal and of the estimated net savings from the adoption of all or any part of such proposal. In determining the estimated net savings, the Engineer may disregard the contract bid prices if, in the Engineer's judgment such prices do not represent a fair measure of the value of the work to be performed or deleted. The Owner may require the Contractor to share in the Owner's costs of investigating a cost reduction proposal submitted by the Contractor as a condition of considering such proposal. Where such a condition is imposed, the Contractor shall acknowledge acceptance of it in writing. Such acceptance shall constitute full authority for the Owner to deduct the cost of investigating a cost reduction proposal from amounts payable to the Contractor under the contract. If the Contractor's cost reduction proposal is accepted in whole or in part, such acceptance will be by a contract change order that shall specifically state that it is executed pursuant to this subsection. Such change order shall incorporate the changes in the plans and specifications which are necessary to permit the cost reduction proposal or such part of it as has been accepted and shall include any conditions upon which the Engineer's approval is based. The change order shall also set forth the estimated net savings attributable to the cost reduction proposal. The net savings shall be determined as the difference in costs between the original contract costs for the involved work items and the costs occurring as a result of the proposed change. The change order shall also establish the net savings agreed upon and shall provide for adjustment in the contract price that will divide the net savings equally between the Contractor and the Owner. The Contractor's 50 percent share of the net savings shall constitute full compensation to the Contractor for the cost reduction proposal and the performance of the work. Acceptance of the cost -reduction proposal and performance of the cost -reduction work shall not extend the time of completion of the contract unless specifically provided for in the contract change order. END OF SECTION 50 GP-21 9/30/2009 AC 150/5370-10E Intentionally Lett Blank GP-22 -' 9/30/2009 AC 150/5370-10E SECTION 60 CONTROL OF MATERIALS 60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials. At the Engineer's option, materials may be approved at the source of supply before delivery is stated. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited materials specifications. In addition, where an FAA specification for airport lighting equipment is cited in the plans or specifications, the Contractor shall furnish such equipment that is: a. Listed in FAA Advisory Circular (AC) 150/5345-53, Airport Lighting Equipment Certification Program, that is in effect on the date of advertisement; and, b. Produced by the manufacturer qualified (by FAA) to produce such specified and listed equipment. The following airport lighting equipment is required for this contract and is to be furnished by the Contractor in accordance with the requirements of this subsection: NOT APPLICABLE 60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. Unless otherwise designated, all materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of ASTM, AASHTO, Federal Specifications, Commercial Item Descriptions, and all other cited methods, which are current on the date of advertisement for bids, will be made by and at the expense of the Engineer. The testing organizations performing on site field tests shall have copies of all referenced standards on the construction site for use by all technicians and other personnel, including the Contractor's representative at his/her request. Unless otherwise designated, samples will be taken by a qualified representative of the Engineer. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at his/her request. The Contractor shall employ a testing organization to perform all Contractor required tests. The Contractor shall submit to the Engineer resumes on all testing organizations and individual persons who will be performing the tests. The Engineer will determine if such persons are qualified. All the test data shall be reported to the Engineer after the results are known. A legible, handwritten copy of all test data shall be given to the Engineer daily, along with printed reports, in an approved format, on a weekly basis. After completion of the project, and prior to final payment, the Contractor shall submit a final report to the Engineer showing all test data reports, plus an analysis of all results showing ranges, averages, and corrective action taken on all failing tests. 60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the GP-23 9/30/2009 AC 150/5370-10E manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. 1_ Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. When a material or assembly is specified by "brand name or equal" and the Contractor elects to furnish the specified "brand name," the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: a. Conformance to the specified performance, testing, quality or dimensional requirements; and, b. Suitability of the material or assembly for the use intended in the contract work. Should the Contractor propose to furnish an "or equal" material or assembly, he shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole judge as to whether the proposed "or equal" is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for his/her acceptance of the material or assembly. Should the Engineer conduct plant inspections, the following conditions shall exist: a. The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials. b. The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. c. If required by the Engineer, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to the plant. It is understood and agreed that the Owner shall have the right to retest any material that has been tested and approved at the source of supply after it has been delivered to the site. The Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications. 60-05 ENGINEER'S FIELD OFFICE. The Contractor shall furnish for the duration of the project one building for the use of the field engineers and inspectors, as a field office. This facility shall be an approved weatherproof building meeting the current State Highway Specifications (for example, Class I Field Office or Type C Structure). This building shall be located conveniently near to the construction and shall be separate from any building used by the Contractor. A land line telephone and answering machine shall be provided. The Contractor shall be responsible for payment of the basic monthly charge and local calls only. Any Long Distance Tolls shall be the responsibility of the caller. The Contractor shall furnish FAX machine, water, sanitary facilities, heat, air conditioning, and electricity. No direct payment will be made for this building or labor, materials, ground rental, or other expense in connection therewith. The cost hereof shall be included in the price bid for the various items of the contract. The Contractor and his/her superintendent shall provide all reasonable facilities to enable to the Engineer to inspect the workmanship and materials entering into the work. GP-24 9/30/2009 AC 150/5370-10E 60-06 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the ` Engineer a copy of the property owner's permission. All storage sites on private or airport property shall be restored to their original condition by the Contractor at is his/her entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property. 60-07 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall t _ remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the Engineer has approved its used in the work. 60-08 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required to complete the work, except those specified herein (if any) to be furnished by the Owner. Owner -furnished materials shall be made available to the Contractor at the location specified herein. All costs of handling, transportation from the specified location to the site of work, storage, and installing Owner - furnished materials shall be included in the unit price bid for the contract item in which such Owner -furnished material is used. After any Owner -furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies that may occur during the Contractor's handling, storage, or use of such Owner -furnished material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the Contractor's handling, storage, or use of Owner -furnished materials. END OF SECTION 60 GP-25 9/30/2009 AC 150/5370-10E Intentionally Left Blank GP-26 11 9/30/2009 AC 150/5370-10E SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner and all his/her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his/her employees. 70-02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. 70-03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work. 70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The Owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the Owner, such authorized work (by others) is indicated as follows: 1. FAA Refer to Electrical and Navaid Sheets Gene Leavell Lubbock Tower 7001 N. MLK Blvd. Lubbock, Texas 79403 (806)766-6400 gene. 12.leave Il(ci faa.gov ALL WORK PERFORMED ON FAA -OWNED FACILITIES WILL BE BY CONTRACTOR UNDER DIRECT SUPERVISION OF THE FAA. Except as listed above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the Engineer. Should the owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such owners by arranging and performing the work in this contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. GP-27 9/30/2009 AC 150/5370-10E 70-05 FEDERAL AID PARTICIPATION. For AIP contracts, the United States Government has agreed to reimburse the Owner for some portion of the contract costs. Such reimbursement is made from time to time upon the Owner's request to the FAA. In consideration of the United States Government's (FAA's) agreement with the Owner, the Owner has included provisions in this contract pursuant to the requirements of Title 49 of the United States Code (USC) and the Rules and Regulations of the FAA that pertain to the work. As required by the USC, the contract work is subject to the inspection and approval of duly authorized representatives of the Administrator, FAA, and is further subject to those provisions of the rules and regulations that are cited in the contract, plans, or specifications. No requirement of the USC, the rules and regulations implementing the USC, or this contract shall be construed as making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract. 70-06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his/her employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions that are unsanitary, hazardous, or dangerous to his/her health or safety. 70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her operations and those of his/her subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to his/her own operations and those of his/her subcontractors and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter. 70-08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably illuminated. Unless otherwise specified, barricades, warning signs, and markings for hazards that are in the air operations area shall be a maximum of 18 inches high. Unless otherwise specified, barricades shall be spaced not more than 25 feet apart. Barricades, warning signs, and markings shall be paid for under Section 40-05. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office). When the work requires closing an air operations area of the airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 150/5340-1, Standards for Airport Markings. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stock piles, and his/her parked construction equipment that may be hazardous to the operation of emergency fire -rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2, Operational Safety on Airports During Construction. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2. GP-28 1 9/30/2009 AC 150/5370-10E The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work that requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer. Open -flame type lights shall not be permitted within the air operations areas of the airport. 70-09 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and, in general, not closer than 1,000 feet (300 m) from the work or from any building, road, or other place of human occupancy. The Contractor shall notify each property owner and public utility company having structures or facilities in proximity to the site of the work of his/her intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. The use of electrical blasting caps shall not be permitted on or within 1,000 feet (300 m) of the airport property. 70-10 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer has witnessed or otherwise referenced their location and shall not move them until directed. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the work, resulting from any act, omission, neglect, or misconduct in his/her manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the nonexecution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. 70-11 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the Owner and their officers, and employees from all suits actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the "Workmen's Compensation Act;' or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his/her contract as may be considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due, his/her surety may be held until such suit(s), action(s), or claim(s) for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the Owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. 70-12 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. GP-29 9/30/2009 AC 150/5370-10E I" 70-13 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the Owner prior to completion of the entire contract, such "phasing" of the work shall be specified herein and indicated on the plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. The Contractor shall make his/her own estimate of the difficulties involved in arranging his/her work to permit such beneficial occupancy by the Owner as described below: REFER TO PHASING REQUIREMENTS CONTAINED IN THE PROJECT PLANS. Upon completion of any portion of the work listed above, such portion shall be accepted by the Owner in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50. No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the Owner shall be repaired by the Contractor at his/her expense. The Contractor shall make his/her own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the contract work. Contractor shall be required to conform to safety standards contained AC 150/5370-2, Operational Safety on Airports During Construction (See Special Provisions.) Contractor shall refer to the approved safety plan to identify barricade requirements and other safety requirements prior to opening up sections of work to traffic. 70-14 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non -execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of government authorities. If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his/her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seedings, and soddings furnished under his/her contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control his/her operations to prevent the unscheduled interruption of such utility services and facilities. GP-30 9/30/2009 AC 150/5370-10E To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans and the owners are indicated as follows: 1. City of Lubbock Deputy Director: Steve Nicholson (806) 775-2036 Operations Supervisor: Gary Loftus (806) 775-3144 2. FAA Gene Leavell: (806) 766-6400 3. Lubbock Power & Light LeRoy Martinez: (806) 775-2695 4. Atmos Energy Sam Jones: (806) 798-4466 5. AT&T Rick Ward: (806) 741-6103 6. Lubbock Aero Roby Upchurch: (806) 745-5101 It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of his/her responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the owners of all utility services or other facilities of his/her plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided hereinbefore in this subsection and the subsection titled - RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition to the general written notification hereinbefore provided, it shall be the responsibility of the Contractor to keep such individual owners advised of changes in his/her plan of operations that would affect such owners. Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such owner of his/her plan of operation. If, in the Contractor's opinion, the owner's assistance is needed to locate the utility service or facility or the presence of a representative of the owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the Owner to suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet (90 cm) of such outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or GP-31 9/30/2009 AC 150/5370-10E facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his/her operations whether or not due to negligence or accident. The Owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his/her surety. 70-15.1 FAA FACILITIES AND CABLE RUNS. The Contractor is hereby advised that the construction limits of the project include existing facilities and buried cable runs that are owned, operated and maintained by the FAA. The Contractor, during the prosecution of the project work, shall comply with the following: a. The Contractor shall permit FAA maintenance personnel the right of access to the project work site for purposes of inspecting and maintaining all existing FAA owned facilities. b. The Contractor shall notify the above named FAA Airway Facilities Point -of -Contact seven (7) calendar days prior to commencement of construction activities in order to permit sufficient time to locate and mark existing buried cables and to schedule any required facility outages. c. If prosecution of the project work requires a facility outage, the Contractor shall contact the above named FAA Point -of -Contact a minimum of 48 hours prior to the time of the required outage. g d. If prosecution of the project work results in damages to existing FAA equipment or cables, the Contractor shall repair the damaged item in conformance with FAA Airway Facilities' standards to the satisfaction of the above named FAA Point -of -Contact. e. If the project work requires the cutting or splicing of FAA owned cables, the above named FAA Point -of - Contact shall be contacted a minimum of 48 hours prior to the time the cable work commences. The FAA reserves the right to have a FAA Airway Facilities representative on site to observe the splicing of the cables as a condition of acceptance. All cable splices are to be accomplished in accordance with FAA Airway Facilities' specifications and require approval by the above named FAA Point -of -Contact as a condition of acceptance by the Owner. The Contractor is hereby advised that FAA Airway Facilities restricts the location of where splices may be installed. If a cable splice is required in a location that is not permitted by FAA Airway Facilities, the Contractor shall furnish and install a sufficient length of new cable that eliminates the need for any splice. 70-16 FURNISHING RIGHTS -OF -WAY. The Owner will be responsible for furnishing all rights -of -way upon which the work is to be constructed in advance of the Contractor's operations. 70-17 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract provisions or in exercising any power or authority granted to him by this contract, there shall be no liability upon the Engineer, his/her authorized representatives, or any officials of the Owner either personally or as an official of the Owner. It is understood that in such matters they act solely as agents and representatives of the Owner. 70-18 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or stop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the Owner be precluded or stopped from recovering from the Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the contract. A waiver on the part of the Owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the contract, shall be liable to the Owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the owner's rights under any warranty or guaranty. 70-19 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. GP-32 9/30/2009 AC 150/5370-10E 70-20 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his/her operations, any building, part of a building, structure, or object that is incongruous with its surroundings, he shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and the Owner will direct the Contractor to either resume his/her operations or to suspend operations as directed. Should the Owner order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract modification (change order or supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If appropriate, the contract modification shall include an extension of contract time in accordance with the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. END OF SECTION 70 GP-33 9/30/2009 AC 150/5370-10E SECTION 80 PROSECUTION AND PROGRESS 80-01 SUBLETTING OF CONTRACT. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. Should the Contractor elect to assign his/her contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the Owner, and shall be consummated only on the written approval of the Owner. In case of approval, the Contractor shall file copies of all subcontracts with the Engineer. The Contractor shall perform, with his organization, an amount of work equal to at least 25 percent of the total contract cost. 80-02 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the Engineer in the written notice to proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction operations will begin. 80-03 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit his/her progress schedule for the Engineer's approval within 10 days after the effective date of the notice to proceed. The Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the contract time and modify his/her operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. For AIP contracts, the Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the Owner. 80-04 LIMITATION OF OPERATIONS. The Contractor shall control his/her operations and the operations of his/her subcontractors and all suppliers so as to provide for the free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport. When the work requires the Contractor to conduct his/her operations within an AIR OPERATIONS AREA of the airport, the work shall be coordinated with airport operations (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an AIR OPERATIONS AREA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70. When the contract work requires the Contractor to work within an AIR OPERATIONS AREA (AOA) of the airport on an intermittent basis (intermittent opening and closing of the AIR OPERATIONS AREA), the Contractor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the AIR OPERATIONS AREA; immediately obey all instructions to resume work in such AIR OPERATIONS AREA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AIR OPERATIONS AREA until the satisfactory conditions are provided. The following AIR OPERATIONS AREA cannot be closed to operating aircraft to permit the Contractor's operations on a continuous basis and will therefore be closed to aircraft operations intermittently as follows: GP-35 9/30/2009 AC 150/5370-10E r No portion of the Air Operations Area will be closed or affected during this project. Contractor shall be required to conform to safety standards contained in AC 150/5370-2, Operational Safety on Airports During Construction (See Special Provisions). 80-04.1 OPERATIONAL SAFETY ON AIRPORT DURING CONSTRUCTION. All Contractors' operations shall be conducted in accordance with the project safety plan and the provisions set forth within the current version of Advisory Circular 150/5370-2. The safety plan included within the contract documents conveys minimum requirements for operational safety on the airport during construction activities. The Contractor shall prepare and submit a plan that details how it proposes to comply with the requirements presented within the safety plan. The Contractor shall implement all necessary safety plan measures prior to commencement of any work activity. The Contractor shall conduct routine checks of the safety plan measures to assure compliance with the safety plan measures. The Contractor is responsible to the Owner for the conduct of all subcontractors it employs on the project. The Contractor shall assure that all subcontractors are made aware of the requirements of the safety plan and that they implement and maintain all necessary measures. No deviation or modifications may be made to the approved safety plan unless approved in writing by the Owner or Engineer. 80-05 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. Any person employed by the Contractor or by any subcontractor who violates any operational regulations and, in the opinion of the Engineer, does not perform his work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Engineer, be removed forthwith by the Contractor or subcontractor employing such person, and shall not be employed again in any portion of the work without approval of the Engineer. Should the Contractor fail to remove such persons or person, or fail to furnish suitable and sufficient personnel for the proper prosecution of the work, the Engineer may suspend the work by written notice until compliance with such orders. All equipment that is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use. When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans, and specifications. When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the contract, he may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the GP-36 r 9/30/2009 AC 150/5370-10E specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection. 80-06 TEMPORARY SUSPENSION OF THE WORK. The Owner shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract. In the event that the Contractor is ordered by the Owner, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the Engineer's order to suspend work to the effective date of the Engineer's order to resume the work. Claims for such compensation shall be filed with the Engineer within the time period stated in the Engineer's order to resume work. The Contractor shall submit with his/her claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim to the Owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Owner, or for any other delay provided for in the contract, plans, or specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport. 80-07 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working days allowed for completion of the work shall be stated in the proposal and contract and shall be known as the CONTRACT TIME. Should the contract time require extension for reasons beyond the Contractor's control, it shall be adjusted as follows: a. CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer. The Engineer will furnish the Contractor a copy of his/her weekly statement of the number of working days charged against the contract time during the week and the number of working days currently specified for completion of the contract (the original contract time plus the number of working days, if any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). The Engineer shall base his/her weekly statement of contract time charged on the following considerations: (1) No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least 6 hours with the normal work force employed on such principal item. Should the normal work force be on a double -shift, 12 hours shall be used. Should the normal work force be on a triple -shift, 18 hours shall apply. Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered by the Owner for reasons not the fault of the Contractor, shall not be charged against the contract time. (2) The Engineer will not make charges against the contract time prior to the effective date of the notice to proceed. (3) The Engineer will begin charges against the contract time on the first working day after the effective date of the notice to proceed. GP-37 9/30/2009 AC 150/5370-10E I " (4) The Engineer will not make charges against the contract time after the date of final acceptance as defined in the subsection titled FINAL ACCEPTANCE of Section 50. (5) The Contractor will be allowed 1 week in which to file a written protest setting forth his/her objections to the Engineer's weekly statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor. The contract time (stated in the proposal) is based on the originally estimated quantities as described in the subsection titled INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the satisfactory completion of the contract require performance of work in greater quantities than those estimated in the proposal, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in contract time shall not consider either the cost of work or the extension of contract time that has been covered by change order or supplemental agreement and shall be made at the time of final payment. b. CONTRACT TIME based on CALENDAR DAYS shall consist of the number of calendar days stated in the contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and nonwork days. All calendar days elapsing between the effective dates of the Owner's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. At the time of final payment, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the contract time shall not consider either cost of work or the extension of contract time that has been covered by a change order or supplemental agreement. Charges against the contract time will cease as of the date of final acceptance. c. When the contract time is a specified completion date, it shall be the date on which all contract work shall be substantially completed. If the Contractor finds it impossible for reasons beyond his/her control to complete the work within the contract time as specified, or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the contract time as extended, make a written request to the Engineer for an extension of time setting forth the reasons which he believes will justify the granting of his/her request. Requests for extension of time on calendar day projects, caused by inclement weather, shall be supported with National Weather Bureau data showing the actual amount of inclement weather exceeded which could normally be expected during the contract period. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may extend the time for completion in such amount as the conditions justify. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion. 80-08 FAILURE TO COMPLETE ON TIME. For each calendar day or working day, as specified in the contract, that any work remains uncompleted after the contract time (including all extensions and adjustments as provided in the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum specified in the contract and proposal as liquidated damages will be deducted from any money due or to become due the Contractor or his/her surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages including but not limited to additional engineering services that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in his/her contract. GP-3 8 9/30/2009 AC 150/5370-10E SCHEDULE LIQUIDATED ALLOWED CONSTRUCTION TIME DAMAGES COST Substantial Completion $1,250.00 136 calendar days (158 calendar days if ALT 3 awarded 15 calendar days following substantial Final Completion $1,250.00 completion or a total of 151 calendar days 173 calendar days if ALT 3 awarded Phase 1 $1,250.00 35 calendar days Phase 2 $1,250.00 35 calendar days Phase 3 (ALT) $1,750.00 21 calendar days (28 calendar days if ALT 3 awarded Phase 4 (ALT) $1,250.00 45 calendar days (60 calendar days if ALT 3 awarded The maximum construction time allowed will be the sum of the time allowed for individual schedules but not more than 151 days. If Alternate 3 is awarded, the maximum allowed construction time will be increased to 173 calendar days. It shall be understood that allotted time does not include necessary curing periods between phases. Time will not be charged for curing periods. However, the Engineer will monitor cure time and it is expected that the Contractor will commence the subsequent phase as soon as possible. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the Owner of any of its rights under the contract. 80-09 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the Owner to terminate the contract for any of the following reasons if the Contractor: a. Fails to begin the work under the contract within the time specified in the "Notice to Proceed," or b. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the contract, or c. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or d. Discontinues the prosecution of the work, or e. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or E Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or g. Allows any final judgment to stand against him unsatisfied for a period of 10 days, or h. Makes an assignment for the benefit.of creditors, or 1. For any other cause whatsoever, fails to carry on the work in an acceptable manner. Should the Engineer consider the Contractor in default of the contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the Contractor's surety as to the reasons for considering the Contractor in default and the Owner's intentions to terminate the contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all GP-39 9/30/2009 AC 150/5370-10E materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the Owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess. 80-10 TERNIINATION FOR NATIONAL EMERGENCIES. The Owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer. Termination of the contract or a portion thereof shall neither relieve the Contractor of his/her responsibilities for the completed work nor shall it relieve his/her surety of its obligation for and concerning any just claim arising out of the work performed. 80-11 WORK AREA, STORAGE AREA AND SEQUENCE OF OPERATIONS. The Contractor shall obtain approval from the Engineer prior to beginning any work in all areas of the airport. No operating runway, taxiway, or Air Operations Area (AOA) shall be crossed, entered, or obstructed while it is operational. The Contractor shall plan and coordinate his/her work in such a manner as to insure safety and a minimum of hindrance to flight operations. All Contractor equipment and material stockpiles shall be stored a minimum or 500 feet from the centerline of an active runway and shall not penetrate the Threshold Siting Surface (TSS). No equipment will be allowed to park within the approach area of an active runway at any time. No equipment shall be within 250 feet of an active runway at any time. END OF SECTION 80 GP-40 9/30/2009 AC 150/5370-10E i_ SECTION 90 MEASUREMENT AND PAYMENT 90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the Engineer, or his/her authorized representatives, using United States Customary Units of Measurement or the International System of Units. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave -outs) having an area of 9 square feet (0.8 square meter) or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. In computing volumes of excavation the average end area method or other acceptable methods will be used. The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inches. The term "ton" will mean the short ton consisting of 2,000 pounds (907 kilograms) avoirdupois. All materials that are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designed by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material is paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable to the Engineer, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery. When requested by the Contractor and approved by the Engineer in writing, material specified to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be converted to cubic yards (cubic meters) for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. Bituminous materials will be measured by the gallon (liter) or ton (kilogram). When measured by volume, such volumes will be measured at 60 F (15 C) or will be corrected to the volume at 60 F (15 C) using ASTM D 1250 for asphalts or ASTM D 633 for tars. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. GP-41 9/30/2009 AC 150/5370-10E When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton (kilogram) or hundredweight (kilogram). Timber will be measured by the thousand feet board measure (M.F.B.M.) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the contract.' When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Engineer in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of this section. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. Scales shall be accurate within one-half percent of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the inspector before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one -tenth of 1 percent of the nominal rated capacity of the scale, but not less than 1 pound (454 grams). The use of spring balances will not be permitted. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them. Scale installations shall have available ten standard 50-pound (2.3 kilogram) weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales "overweighing" (indicating more than correct weight) will not be permitted to operate, and all materials received subsequent to the last previous correct weighting -accuracy test will be reduced by the percentage of error in excess of one-half of 1 percent. In the event inspection reveals the scales have been "undenveighing" (indicating less than correct weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project. I GP-42 9/30/2009 AC 150/5370-10E When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials, for performing all work under the contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70. When the "basis of payment" subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications. 90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the Owner. Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or nonperform such contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. 90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. When the change order or supplemental agreement authorizing the extra work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials plus a negotiated and agreed upon allowance for overhead and profit. a. Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. b. Comparison of Record. The Contractor and the Engineer shall compare records of the cost of force account work at the end of each day. Agreement shall be indicated by signature of the Contractor and the Engineer or their duly authorized representatives. GP-43 9/30/2009 AC 150/5370-10E f 8 , c. Statement. No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer with duplicate itemized statements of the cost of such force account work detailed as follows: (1) Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman. (2) Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment. (3) Quantities of materials, prices, and extensions. (4) Transportation of materials. (5) Cost of property damage, liability and workman's compensation insurance premiums, unemployment insurance contributions, and social security tax. Statements shall be accompanied and supported by a receipted invoice for all materials used and transportation charges. However, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from his/her stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor. 90-06 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the work progresses. Said payments will be based upon estimates prepared by the Engineer of the value of the work performed and materials complete in place in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than five hundred dollars. From the total of the amount determined to be payable on a partial payment, 10 percent of such total amount will be L i deducted and retained by the Owner until the final payment is made, except as may be provided (at the Contractor's option) in the subsection titled PAYMENT OF WITHHELD FUNDS of this section. The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his/her option, as provided in the subsection titled PAYMENT OF WITHHELD FUNDS of this section, no such 10 percent retainage shall be deducted. When not less than 95 percent of the work has been completed, the Engineer may, at the Owner's discretion and with the consent of the surety, prepare an estimate from which will be retained an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section. The Contractor shall deliver to the Owner a complete release of all claims for labor and material arising out of this contract before the final retained percentage or final payment is made. If any subcontractor or supplier fails to furnish such a release in full, the Contractor may furnish a bond or other collateral satisfactory to the Owner to GP-44 I ' 9/30/2009 AC 150/5370-10E indemnify the Owner against any potential lien or other such claim. The bond or collateral shall include all costs, expenses, and attorney fees the Owner may be compelled to pay in discharging any such lien or claim. 90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the Owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: Ia. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. b. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. c. The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. d. The Contractor has furnished the Owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. e. The Contractor has furnished the Owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at anytime prior to use in the work. It is understood and agreed that the transfer of title and the Owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his/her responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans, and specifications. In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection. 90-08 PAYMENT OF WITHHELD FUNDS. At the Contractor's option, he/she may request that the Owner accept (in lieu of the 10 percent retainage on partial payments described in the subsection titled PARTIAL PAYMENTS of this section) the Contractor's deposits in escrow under the following conditions. a. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the Owner. b. The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the Owner and having a value not less than the 10 percent retainage that would otherwise be withheld from partial payment. c. The Contractor shall enter into an escrow agreement satisfactory to the Owner. d. The Contractor shall obtain the written consent of the surety to such agreement. 90-09 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental GP-45 9/30/2009 AC 150/5370-10E agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. END OF SECTION 90 GP-46 9/30/2009 AC 150/5370-10E SECTION 100 CONTRACTOR QUALITY CONTROL PROGRAM 100-01 GENERAL. When the specification requires a Contractor Quality Control Program, the Contractor shall establish, provide, and maintain an effective Quality Control Program that details the methods and procedures that will be taken to assure that all materials and completed construction required by this contract conform to contract ( plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from 6 subcontractors or vendors. Although guidelines are established and certain minimum requirements are specified 11 herein and elsewhere in the contract technical specifications, the Contractor shall assume full responsibility for accomplishing the stated purpose. The intent of this section is to enable the Contractor to establish a necessary level of control that will: a. Adequately provide for the production of acceptable quality materials. j b. Provide sufficient information to assure both the Contractor and the Engineer that the specification requirements can be met. c. Allow the Contractor as much latitude as possible to develop his or her own standard of control. The Contractor shall be prepared to discuss and present, at the preconstruction conference, his/her understanding of the quality control requirements. The Contractor shall not begin any construction or production of materials to be incorporated into the completed work until the Quality Control Program has been reviewed by the Engineer. No partial payment will be made for materials subject to specific quality control requirements until the Quality Control Program has been reviewed. The quality control requirements contained in this section and elsewhere in the contract technical specifications are in addition to and separate from the acceptance testing requirements. Acceptance testing requirements are the responsibility of the Engineer. 100-02 DESCRIPTION OF PROGRAM. a. General Description. The Contractor shall establish a Quality Control Program to perform inspection and testing of all items of work required by the technical specifications, including those performed by subcontractors. This Quality Control Program shall ensure conformance to applicable specifications and plans with respect to materials, workmanship, construction, finish, and functional performance. The Quality Control Program shall be effective for control of all construction work performed under this Contract and shall specifically include surveillance and tests required by the technical specifications, in addition to other requirements of this section and any other activities deemed necessary by the Contractor to establish an effective level of quality control. b. Quality Control Program. The Contractor shall describe the Quality Control Program in a written document that shall be reviewed by the Engineer prior to the start of any production, construction, or off -site fabrication. The written Quality Control Program shall be submitted to the Engineer for review at least 7 calendar days before the preconstruction conference. The Quality Control Program shall be organized to address, as a minimum, the following items: a. Quality control organization; b. Project progress schedule; c. Submittals schedule; d. Inspection requirements; GP-47 9/30/2009 AC 150/5370-10E f e. Quality control testing plan; f. Documentation of quality control activities; and g. Requirements for corrective action when quality control and/or acceptance criteria are not met. The Contractor is encouraged to add any additional elements to the Quality Control Program that he/she deems necessary to adequately control all production and/or construction processes required by this contract. 100-03 QUALITY CONTROL ORGANIZATION. The Contractor Quality Control Program shall be implemented by the establishment of a separate quality control organization. An organizational chart shall be developed to show all quality control personnel and how these personnel integrate with other management/production and construction functions and personnel. The organizational chart shall identify all quality control staff by name and function, and shall indicate the total staff required to implement all elements of the Quality Control Program, including inspection and testing for each item of work. If necessary, different technicians can be utilized for specific inspection and testing functions for different items of work. If an outside organization or independent testing laboratory is used for implementation of all or part of the Quality Control Program, the personnel assigned shall be subject to the qualification requirements of paragraph 100-03a and 100-03b. The organizational chart shall indicate which personnel are Contractor employees and which are provided by an outside organization. The quality control organization shall consist of the following minimum personnel: a. Program Administrator. The Program Administrator shall be a full-time employee of the Contractor, or a consultant engaged by the Contractor. The Program Administrator shall have a minimum of 5 years of experience in airport and/or highway construction and shall have had prior quality control experience on a project of comparable size and scope as the contract. Additional qualifications for the Program Administrator shall include at least 1 of the following requirements: (1) Professional engineer with 1 year of airport paving experience acceptable to the Engineer. (2) Engineer -in -training with 2 years of airport paving experience acceptable to the Engineer. (3) An individual with 3 years of highway and/or airport paving experience acceptable to the Engineer, with a Bachelor of Science Degree in Civil Engineering, Civil Engineering Technology or Construction. (4) Construction materials technician certified at Level III by the National Institute for Certification in Engineering Technologies (NICET). (5) Highway materials technician certified at Level III by NICET. (6) Highway construction technician certified at Level III by NICET. (7) A NICET certified engineering technician in Civil Engineering Technology with 5 years of highway and/or airport paving experience acceptable to the Engineer. The Program Administrator shall have full authority to institute any and all actions necessary for the successful implementation of the Quality Control Program to ensure compliance with the contract plans and technical specifications. The Program Administrator shall report directly to a responsible officer of the construction firm. The Program Administrator may supervise the Quality Control Program on more than one project provided that person can be at the job site within 2 hours after being notified of a problem. GP-48 1' ( 9/30/2009 AC 150/5370-10E b. Quality Control Technicians. A sufficient number of quality control technicians necessary to adequately implement the Quality Control Program shall be provided. These personnel shall be either engineers, engineering technicians, or experienced craftsman with qualifications in the appropriate field equivalent to NICET Level II or higher construction materials technician or highway construction technician and shall have -a minimum of 2 years of experience in their area of expertise. The quality control technicians shall report directly to the Program Administrator and shall perform the following functions: (1) Inspection of all materials, construction, plant, and equipment for conformance to the technical specifications, and as required by Section 100-06. (2) Performance of all quality control tests as required by the technical specifications and Section 100-07. Certification at an equivalent level, by a state or nationally recognized organization will be acceptable in lieu of NICET certification. c. Staffing Levels. The Contractor shall provide sufficient qualified quality control personnel to monitor each work activity at all times. Where material is being produced in a plant for incorporation into the work, separate plant and field technicians shall be provided at each plant and field placement location. The scheduling and coordinating of all inspection and testing must match the type and pace of work activity. The Quality Control Program shall state where different technicians will be required for different work elements. d. Field Surveyor. The Contractor shall designate a Registered Professional Land Surveyor (RPLS) or other qualified surveyor to oversee all grade establishment, form setting, and other work where precise grade control is required. The Field Surveyor should be responsible for confirming horizontal and vertical layout of all elements of construction. The Field Surveyor shall prepare one complete hand-written set of record drawings for the entire project and shall also prepare and submit any related CAD files. 100-04 PROJECT PROGRESS SCHEDULE. The Contractor shall submit a coordinated construction schedule for all work activities. The schedule shall be prepared as a network diagram in Critical Path Method (CPM), PERT, or other format, or as otherwise specified in the contract. As a minimum, it shall provide information on the sequence of work activities, milestone dates, and activity duration. The Contractor shall maintain the work schedule and provide an update and analysis of the progress schedule on a twice monthly basis, or as otherwise specified in the contract. Submission of the work schedule shall not relieve the Contractor of overall responsibility for scheduling, sequencing, and coordinating all work to comply with the ' requirements of the contract. 100-05 SUBMITTALS SCHEDULE. The Contractor shall submit a detailed listing of all submittals (e.g., mix designs, material certifications) and shop drawings required by the technical specifications seven (7) days prior to the preconstruction conference. The listing can be developed in a spreadsheet format and shall include: a. Specification item number; b. Item description; c. Description of submittal; d. Specification paragraph requiring submittal; and e. Scheduled date of submittal. 100-06 INSPECTION REQUIREMENTS. Quality control inspection functions shall be organized to provide inspections for all definable features of work, as detailed below. All inspections shall be documented by the Contractor as specified by Section 100-07. Inspections shall be performed daily to ensure continuing compliance with contract requirements until completion of the particular feature of work. These shall include the following minimum requirements: GP-49 9/30/2009 AC 150/5370-10E a. During plant operation for material production, quality control test results and periodic inspections shall be utilized to ensure the quality of aggregates and other mix components, and to adjust and control mix proportioning to meet the approved mix design and other requirements of the technical specifications. All equipment utilized in proportioning and mixing shall be inspected to ensure its proper operating condition. The Quality Control Program shall detail how these and other quality control functions will be accomplished and utilized. b. During field operations, quality control test results and periodic inspections shall be utilized to ensure the quality of all materials and workmanship. All equipment utilized in placing, finishing, and compacting shall be inspected to ensure its proper operating condition and to ensure that all such operations are in conformance to the technical specifications and are within the plan dimensions, lines, grades, and tolerances specified. The Program shall document how these and other quality control functions will be accomplished and utilized. 100-07 QUALITY CONTROL TESTING PLAN. As a part of the overall Quality Control Program, the Contractor shall implement a quality control testing plan, as required by the technical specifications. The testing plan shall include the minimum tests and test frequencies required by each technical specification Item, as well as any additional quality control tests that the Contractor deems necessary to adequately control production and/or construction processes. The testing plan can be developed in a spreadsheet fashion and shall, as a minimum, include the following: a. Specification item number (e.g., P-401); b. Item description (e.g., Plant Mix Bituminous Pavements); c. Test type (e.g., gradation, grade, asphalt content); d. Test standard (e.g., ASTM or AASHTO test number, as applicable); e. Test frequency (e.g., as required by technical specifications or minimum frequency when requirements are not stated); E Responsibility (e.g., plant technician); and g. Control requirements (e.g., target, permissible deviations). The testing plan shall contain a statistically -based procedure of random sampling for acquiring test samples in accordance with ASTM D 3665. The Engineer shall be provided the opportunity to witness quality control sampling and testing. All quality control test results shall be documented by the Contractor as required by Section 100-08. 100-08 DOCUMENTATION. The Contractor shall maintain current quality control records of all inspections and tests performed. These records shall include factual evidence that the required inspections or tests have been performed, including type and number of inspections or tests involved; results of inspections or tests; nature of defects, deviations, causes for rejection, etc.; proposed remedial action; and corrective actions taken. These records must cover both conforming and defective or deficient features, and must include a statement that all supplies and materials incorporated in the work are in full compliance with the terms of the contract. Legible copies of these records shall be furnished to the Engineer daily. The records shall cover all work placed subsequent to the previously furnished records and shall be verified and signed by the Contractor's Program Administrator. Specific Contractor quality control records required for the contract shall include, but are not necessarily limited to, the following records: a. Daily Inspection Reports. Each Contractor quality control technician shall maintain a daily log of all inspections performed for both Contractor and subcontractor operations on a form acceptable to the Engineer. These technician's daily reports shall provide factual evidence that continuous quality control inspections have been performed and shall, as a minimum, include the following: (1) Technical specification item number and description; OP-50 9/30/2009 AC 150/5370-10E (2) Compliance with approved submittals; (3) Proper storage of materials and equipment; (4) Proper operation of all equipment; (5) Adherence to plans and technical specifications; (6) Review of quality control tests; and (7) Safety inspection. The daily inspection reports shall identify inspections conducted, results of inspections, location and nature of defects found, causes for rejection, and remedial or corrective actions taken or proposed. The daily inspection reports shall be signed by the responsible quality control technician and the Program Administrator. The Engineer shall be provided at least one copy of each daily inspection report on the work day following the day of record. b. Daily Test Reports. The Contractor shall be responsible for establishing a system that will record all quality control test results. Daily test reports shall document the following information: (1) Technical specification item number and description; (2) Test designation; (3) Location; (4) Date of test; (5) Control requirements; (6) Test results; (7) Causes for rejection; (8) Recommended remedial actions; and (9) Retests. Test results from each day's work period shall be submitted to the Engineer prior to the start of the next day's work period. When required by the technical specifications, the Contractor shall maintain statistical quality control charts. The daily test reports shall be signed by the responsible quality control technician and the Program Administrator. 100-09 CORRECTIVE ACTION REQUIREMENTS. The Quality Control Program shall indicate the appropriate action to be taken when a process is deemed, or believed, to be out of control (out of tolerance) and detail what action will be taken to bring the process into control. The requirements for corrective action shall include both general requirements for operation of the Quality Control Program as a whole, and for individual items of work contained in the technical specifications. The Quality Control Program shall detail how the results of quality control inspections and tests will be used for determining the need for corrective action and shall contain clear sets of rules to gauge when a process is out of control and the type of correction to be taken to regain process control. When applicable or required by the technical specifications, the Contractor shall establish and utilize statistical quality control charts for individual quality control tests. The requirements for corrective action shall be linked to the control charts. 100-10 SURVEILLANCE BY THE ENGINEER. All items of material and equipment shall be subject to surveillance by the Engineer at the point of production, manufacture or shipment to determine if the Contractor, producer, manufacturer or shipper maintains an adequate quality control system in conformance with the requirements detailed herein and the applicable technical specifications and plans. In addition, all items of materials, equipment and work in place shall be subject to surveillance by the Engineer at the site for the same purpose. Surveillance by the Engineer does not relieve the Contractor of performing quality control inspections of either on -site or off -site Contractor's or subcontractor's work. GP-51 9/30/2009 AC 150/5370-10E 100-11 NONCOMPLIANCE. a. The Engineer will notify the Contractor of any noncompliance with any of the foregoing requirements. The Contractor shall, after receipt of such notice, immediately take corrective action. Any notice, when delivered by the Engineer or his/her authorized representative to the Contractor or his/her authorized representative at the site of the work, shall be considered sufficient notice. b. In cases where quality control activities do not comply with either the Contractor Quality Control Program or the contract provisions, or where the Contractor fails to properly operate and maintain an effective Quality Control Program, as determined by the Engineer, the Engineer may: (1) Order the Contractor to replace ineffective or unqualified quality control personnel or subcontractors. (2) Order the Contractor to stop operations until appropriate corrective actions are taken. END OF SECTION 100 GP-52 9/30/2009 AC 150/5370-10E SECTION 110 METHOD OF ESTIMATING PERCENTAGE OF MATERIAL WITHIN SPECIFICATION LIMITS (PWL) 110-01 GENERAL. When the specifications provide for acceptance of material based on the method of estimating percentage of material within specification limits (PWL), the PWL will be determined in accordance with this section. All test results for a lot will be analyzed statistically to determine the total estimated percent of the lot that is within specification limits. The PWL is computed using the sample average (X) and sample standard deviation (S„) of the specified number (n) of sublots for the lot and the specification tolerance limits, L for lower and U for upper, for the particular acceptance parameter. From these values, the respective Quality index(s), QL for Lower Quality Index and/or Qu for Upper Quality Index, is computed and the PWL for the lot for the specified n is determined from Table 1. All specification limits specified in the technical sections shall be absolute values. Test results used in the calculations shall be to the significant figure given in the test procedure. There is some degree of uncertainty (risk) in the measurement for acceptance because only a small fraction of production material (the population) is sampled and tested. This uncertainty exists because all portions of the production material have the same probability to be randomly sampled. The Contractor's risk is the probability that material produced at the acceptable quality level is rejected or subjected to a pay adjustment. The Owner's risk is the probability that material produced at the rejectable quality level is accepted. IT IS THE INTENT OF THIS SECTION TO INFORM THE CONTRACTOR THAT, IN ORDER TO CONSISTENTLY OFFSET THE CONTRACTOR'S RISK FOR MATERIAL EVALUATED, PRODUCTION QUALITY (USING POPULATION AVERAGE AND POPULATION STANDARD DEVIATION) MUST BE MAINTAINED AT THE ACCEPTABLE QUALITY SPECIFIED OR HIGHER. IN ALL CASES, IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO PRODUCE AT QUALITY LEVELS THAT WILL MEET THE SPECIFIED ACCEPTANCE CRITERIA WHEN SAMPLED AND TESTED AT THE FREQUENCIES SPECIFIED. 110-02 METHOD FOR COMPUTING PWL. The computational sequence for computing PWL is as follows: a. Divide the lot into n sublots in accordance with the acceptance requirements of the specification. b. Locate the random sampling position within the sublot in accordance with the requirements of the specification. c. Make a measurement at each location, or take a test portion and make the measurement on the test portion in accordance with the testing requirements of the specification. d. Find the sample average (X) for all sublot values within the lot by using the following formula: X = (xi +x2+x3+...X„)/n Where: X = Sample average of all sublot values within a lot xi, x2 = Individual sublot values n = Number of sublots e. Find the sample standard deviation (S„) by use of the following formula: S. = [(d12 + d22 + d32 +. ..d.2)/(n-I)]"2 Where: S„ = Sample standard deviation of the number of sublot values in the set di, d2i = Deviations of the individual sublot values xi, x2, ... from the average value X that is: d, = (xl - X), d2 = (x2 - X) ... d„ = (X„ - X) GP-53 g � 4 9/30/2009 AC 150/5370-10E n = Number of sublots f. For single sided specification limits (i.e., L only), compute the Lower Quality Index QL by use of the following formula: QL=(X-L)/S„ Where: L = specification lower tolerance limit Estimate the percentage of material within limits (PWL) by entering Table 1 with QL, using the column appropriate to the total number (n) of measurements. If the value of QL falls between values shown on the table, use the next higher value of PWL. g. For double -sided specification limits (i.e. L and U), compute the Quality Indexes QL and QU by use of the following formulas: QL=(X-L)/Sri and QU=(U-X)/Sri Where: L and U = specification lower and upper tolerance limits Estimate the percentage of material between the lower (L) and upper (U) tolerance limits (PWL) by entering Table 1 separately with QL and Qu, using the column appropriate to the total number (n) of measurements, and determining the percent of material above PL and percent of material below Pu for each tolerance limit. If the values of QL fall between values shown on the table, use the next higher value of PL or PU. Determine the PWL by use of the following formula: PWL =(PU+PL) - 100 Where: PL = percent within lower specification limit PU = percent within upper specification limit EXAMPLE OF PWL CALCULATION Project: Example Project Test Item: Item P-401, Lot A. A. PWL Determination for Mat Density. 1. Density of four random cores taken from Lot A. A-1 96.60 A-2 97.55 A-3 99.30 A-4 98.35 n=4 2. Calculate average density for the lot. X=(xI+x2+x3+...xn)/n X = (96.60 + 97.55 + 99.30 + 98.35) / 4 X = 97.95 percent density 3. Calculate the standard deviation for the lot. Sn = [((96.60 - 97.95)2 + (97.55 - 97.95)2 +(99.30-97.95)2 + (98.35-97.95)2)) / (4 - 1)]'12 GP-54 9/30/2009 AC 150/5370-10E -. Sn = [(1.82 + 0.16 + 1.82 + 0.16) / 31" Sn = 1.15 4. Calculate the Lower Quality Index QL for the lot. (L=96.3) QL=(X-L)/Sn QL = (97.95 - 96.30) / 1.15 QL = 1.4348 5. Determine PWL by entering Table 1 with QL= 1.44 and n= 4. PWL =98 B. PWL Determination for Air Voids. 1. Air Voids of four random samples taken from Lot A. A-1 5.00 A-2 3.74 A-3 2.30 A-4 3.25 2. Calculate the average air voids for the lot. X=(xI+x+0...n)/n X=(5.00+3.74+2.30+3.25)/4 X = 3.57 percent 3. Calculate the standard deviation Sn for the lot. Sn = [((3.57 - 5.00)2 + (3.57 - 3.74)2 + (3.57 - 2.30)2 + (3.57-3.25)2) / (4 - 1)] '12 Sn=[(2.04+0.03+1.62+0.10)/3]"2 Sn=1.12 4. Calculate the Lower Quality Index Qu for the lot. (L= 2.0) QL=(X-L)/Sn Qu = (3.57 - 2.00) / 1.12 QL = 1.3992 5. Determine PL by entering Table 1 with QL = 1.41 and n = 4. PL = 97 6. Calculate the Upper Quality Index Qu for the lot. (U= 5.0) Qu=(U-X)/Sn ._; Qu = (5.00 - 3.57) / 1.12 GP-55 9/30/2009 AC 150/5370-10E i_ Qu = 1.2702 7. Determine Pu by entering Table 1 with Qu =1.29 and n = 4. Pu = 93 8. Calculate Air Voids PWL PWL = (PL + Pu) - 100 PWL = (97 + 93) - 100 = 90 EXAMPLE OF OUTLIER CALCULATION (Reference ASTM E 178) Project: Example Project Test Item: Item P-401, Lot A. A. Outlier Determination for Mat Density. 1. Density of four random cores taken from Lot A. arranged in descending order. A-3 99.30 A-4 98.35 A-2 97.55 A-1 96.60 2. Use n=4 and upper 5 percent significance level of to find the critical value for test criterion = 1.463. 3. Use average density, standard deviation, and test criterion value to evaluate density measurements. a. For measurements greater than the average: If (measurement - average)/(standard deviation) is less than test criterion, Then: the measurement is not considered an outlier for A-3 Check if ( 99.30 - 97.95) / 1.15 greater than 1.463 1.174 is less than 1.463, the value is not an outlier b. For measurements less than the average: If (average - measurement)/(standard deviation) is less than test criterion, the measurement is not considered an outlier for A-1 Check if (97.95 - 96.60 )11.15 greater than 1.463 1.0 is less than 1.463, the value is not an outlier NOTE: In this example, a measurement would be considered an outlier if the density was: greater than (97.95+1.463x1.15) = 99.63 percent or, less than (97.95-1.463x1.15) = 96.27 percent GP-56 9/30/2009 AC 150/5370-10E TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL) Percent Within I Pnsitive Values of O (O. and 0.,) Limits n=3 n=4 n=5 n=6 n=7 n=8 n=9 n=10 (PL and P 99 1.1541 1.4700 1.6714 1.8008 1.8888 1.9520 1.9994 2.0362 98 1.1524 1.4400 1.6016 1.6982 1.7612 1.8053 1.8379 1.8630 97 1.1496 1.4100 1.5427 1.6181 1.6661 1.6993 1.7235 1.7420 96 1.1456 1.3800 1.4897 1.5497 1.5871 1.6127 1.6313 1.6454 95 1.1405 1.3500 1.4407 1.4887 1.5181 1.5381 1.5525 1.5635 94 1.1342 1.3200 1.3946 1.4329 1.4561 1.4717 1.4829 1.4914 93 1.1269 1.2900 1.3508 1.3810 1.3991 1.4112 1.4199 1.4265 92 1.1184 1.2600 1.3088 1.3323 1.3461 1.3554 1.3620 1.3670 91 1.1089 1.2300 1.2683 1.2860 1.2964 1.3032 1.3081 1.3118 90 1.0982 1.2000 1.2290 1.2419 1.2492 1.2541 1.2576 1.2602 89 1.0864 1.1700 1.1909 1.1995 1.2043 1.2075 1.2098 1.2115 88 1.0736 1.1400 1.1537 1.1587 1.1613 1.1630 1.1643 1.1653 87 1.0597 1.1100 1.1173 1.1192 1.1199 1.1204 1.1208 1.1212 86 1.0448 1.0800 1.0817 1.0808 1.0800 1.0794 1.0791 1.0789 85 1.0288 1.0500 1.0467 1.0435 1.0413 1.0399 1.0389 1.0382 84 1.0119 1.0200 1.0124 1.0071 1.0037 1.0015 1.0000 0.9990 83 0.9939 0.9900 0.9785 0.9715 0.9671 0.9643 0.9624 0.9610 82 0.9749 0.9600 0.9452 0.9367 0.9315 0.9281 0.9258 0.9241 81 0.9550 0.9300 0.9123 0.9025 0.8966 0.8928 0.8901 0.8882 80 0.9342 0.9000 0.8799 0.8690 0.8625 0.8583 0.8554 0.8533 79 0.9124 0.8700 0.8478 0.8360 0.8291 0.8245 0.8214 0.8192 78 0.8897 0.8400 0.8160 0.8036 0.7962 0.7915 0.7882 0.7858 77 0.8662 0.8100 0.7846 0.7716 0.7640 0.7590 0.7556 0.7531 76 0.8417 0.7800 0.7535 0.7401 0.7322 0.7271 0.7236 0.7211 75 0.8165 0.7500 0.7226 0.7089 0.7009 0.6958 0.6922 0.6896 74 0.7904 0.7200 0.6921 0.6781 0.6701 0.6649 0.6613 0.6587 73 0.7636 0.6900 0.6617 0.6477 0.6396 0.6344 0.6308 0.6282 72 0.7360 0.6600 0.6316 0.6176 0.6095 0.6044 0.6008 0.5982 71 0.7077 0.6300 0.6016 0.5878 0.5798 0.5747 0.5712 0.5686 70 0.6787 0.6000 0.5719 0.5582 0.5504 . 0.5454 0.5419 0.5394 69 0.6490 0.5700 0.5423 0.5290 0.5213 0.5164 0.5130 0.5105 68 0.6187 0.5400 0.5129 0.4999 0.4924 0.4877 0.4844 0.4820 67 0.5878 0.5100 0.4836 0.4710 0.4638 0.4592 0.4560 0.4537 66 0.5563 0.4800 0.4545 0.4424 0.4355 0.4310 0.4280 0.4257 65 0.5242 0.4500 0.4255 0.4139 0.4073 0.4030 0.4001 0.3980 64 0.4916 0.4200 0.3967 0.3856 0.3793 0.3753 0.3725 0.3705 63 0.4586 0.3900 0.3679 0.3575 0.3515 0.3477 0.3451 0.3432 62 0.4251 0.3600 0.3392 0.3295 0.3239 0.3203 0.3179 0.3161 61 0.3911 0.3300 0.3107 0.3016 0.2964 0.2931 0.2908 0.2892 60 0.3568 0.3000 0.2822 0.2738 0.2691 0.2660 0.2639 0.2624 59 0.3222 0.2700 0.2537 0.2461 0.2418 0.2391 0.2372 0.2358 58 0.2872 0.2400 0.2254 0.2186 0.2147 0.2122 0.2105 0.2093 57 0.2519 0.2100 0.1971 0.1911 0.1877 0.1855 0.1840 0.1829 56 0.2164 0.1800 0.1688 0.1636 0.1607 0.1588 0.1575 0.1566 55 0.1806 0.1500 0.1406 0.1363 0.1338 0.1322 0.1312 0.1304 54 0.1447 0.1200 0.1125 0.1090 0.1070 0.1057 0.1049 0.1042 53 0.1087 0.0900 0.0843 0.0817 0.0802 0.0793 0.0786 0.0781 52 0.0725 0.0600 0.0562 0.0544 0.0534 0.0528 0.0524 0.0521 51 0.0363 0.0300 0.0281 0.0272 0.0267 0.0264 0.0262 0.0260 50 0.0000 0.0000 1 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 GP-57 9/30/2009 AC 150/5370-10E TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL) Percent Within Ne ative Values of Q (QL and Qu) Limits n=3 n=4 n=5 n=6 n=7 n=8 n=9 n=10 PL and Pu) 49 -0.0363 -0.0300 -0.0281 -0.0272 -0.0267 -0.0264 -0.0262 70.0260 48 -0.0725 -0.0600 -0.0562 -0.0544 -0.0534 -0.0528 -0.0524 -0.0521 47 -0.1087 -0.0900 -0.0843 -0.0817 -0.0802 -0.0793 -0.0786 -0.0781 46 -0.1447 -0.1200 -0.1125 -0.1090 -0.1070 -0.1057 -0.1049 -0.1042 45 -0.1806 -0.1500 -0.1406 -0.1363 -0.1338 -0.1322 -0.1312 -0.1304 44 -0.2164 -0.1800 -0.1688 -0.1636 -0.1607 -0.1588 -0.1575 -0.1566 43 -0.2519 -0.2100 -0.1971 -0.1911 -0.1877 -0.1855 -0.1840 -0.1829 42 -0.2872 -0.2400 -0.2254 -0.2186 -0.2147 -0.2122 -0.2105 -0.2093 41 -0.3222 -0.2700 -0.2537 -0.2461 -0.2418 -0.2391 -0.2372 -0.2358 40 -0.3568 -0.3000 -0.2822 -0.2738 -0.2691 -0.2660 -0.2639 -0.2624 39 -0.3911 -0.3300 -0.3107 -0.3016 -0.2964 -0.2931 -0.2908 -0.2892 38 -0.4251 -0.3600 -0.3392 -0.3295 -0.3239 -0.3203 -0.3179 -0.3161 37 -0.4586 -0.3900 -0.3679 -0.3575 -0.3515 -0.3477 -0.3451 -0.3432 36 -0.4916 -0.4200 -0.3967 -0.3856 -0.3793 -0.3753 -0.3725 -0.3705 35 -0.5242 -0.4500 -0.4255 -0.4139 -0.4073 -0.4030 -0.4001 -0.3980 34 -0.5563 -0.4800 -0.4545 -0.4424 -0.4355 -0.4310 -0.4280 -0.4257 33 -0.5878 -0.5100 -0.4836 -0.4710 -0.4638 -0.4592 -0.4560 -0.4537 32 -0.6187 -0.5400 -0.5129 -0.4999 -0.4924 -0.4877 -0.4844 -0.4820 31 -0.6490 -0.5700 -0.5423 -0.5290 -0.5213 -0.5164 -0.5130 -0.5105 30 -0.6787 -0.6000 -0.5719 -0.5582 -0.5504 -0.5454 -0.5419 -0.5394 29 -0.7077 -0.6300 -0.6016 -0.5878 -0.5798 -0.5747 -0.5712 -0.5686 28 -0.7360 -0.6600 -0.6316 -0.6176 -0.6095 -0.6044 -0.6008 -0.5982 27 -0.7636 -0.6900 -0.6617 -0.6477 -0.6396 -0.6344 -0.6308 -0.6282 26 -0.7904 -0.7200 -0.6921 -0.6781 -0.6701 -0.6649 -0.6613 -0.6587 25 -0.8165 -0.7500 -0.7226 -0.7089 -0.7009 -0.6958 -0.6922 -0.6896 24 -0.8417 -0.7800 -0.7535 -0.7401 -0.7322 -0.7271 -0.7236 -0.7211 23 -0.8662 -0.8100 -0.7846 -0.7716 -0.7640 -0.7590 -0.7556 -0.7531 22 -0.8897 -0.8400 -0.8160 -0.8036 -0.7962 -0.7915 -0.7882 -0.7858 21 -0.9124 -0.8700 -0.8478 -0.8360 -0.8291 -0.8245 -0.8214 -0.8192 20 -0.9342 -0.9000 -0.8799 -0.8690 -0.8625 -0.8583 -0.8554 -0.8533 19 -0.9550 -0.9300 -0.9123 -0.9025 -0.8966 -0.8928 -0.8901 -0.8882 18 -0.9749 -0.9600 -0.9452 -0.9367 -0.9315 -0.9281 -0.9258 -0.9241 17 -0.9939 -0.9900 -0.9785 -0.9715 -0.9671 -0.9643 -0.9624 -0.9610 16 -1.0119 -1.0200 -1.0124 -1.0071 -1.0037 -1.0015 -1.0000 -0.9990 15 -1.0288 -1.0500 -1.0467 -1.0435 -1.0413 -1.0399 -1.0389 -1.0382 14 -1.0448 -1.0800 -1.0817 -1.0808 -1.0800 -1.0794 -1.0791 -1.0789 13 -1.0597 -1.1100 -1.1173 -1.1192 -1.1199 -1.1204 -1.1208 -1.1212 12 -1.0736 -1.1400 -1.1537 -1.1587 -1.1613 -1.1630 -1.1643 -1.1653 11 -1.0864 -1.1700 -1.1909 -1.1995 -1.2043 -1.2075 -1.2098 -1.2115 10 -1.0982 -1.2000 -1.2290 -1.2419 -1.2492 -1.2541 -1.2576 -1.2602 9 -1.1089 -1.2300 -1.2683 -1.2860 -1.2964 -1.3032 -1.3081 -1.3118 8 -1.1184 -1.2600 -1.3088 -1.3323 -1.3461 -1.3554 -1.3620 -1.3670 7 -1.1269 -1.2900 -1.3508 -1.3810 -1.3991 -1.4112 -1.4199 -1.4265 6 -1.1342 -1.3200 -1.3946 -1.4329 -1.4561 -1.4717 -1.4829 -1.4914 5 -1.1405 -1.3500 -1.4407 -1.4887 -1.5181 -1.5381 -1.5525 -1.5635 4 -1.1456 -1.3800 -1.4897 -1.5497 -1.5871 -1.6127 -1.6313 -1.6454 3 -1.1496 -1.4100 -1.5427 -1.6181 -1.6661 -1.6993 -1.7235 -1.7420 2 -1.1524 -1.4400 -1.6016 -1.6982 -1.7612 -1.8053 -1.8379 -1.8630 1 -1.1541 -1.4700 -1.6714 -1.8008 -1.8888 -1.9520 -1.9994 -2.0362 END OF SECTION 110 GP-58 9/30/2009 AC 150/5370-10E SECTION 120 NUCLEAR GAGES r120-01 TESTING. When the specifications provide for nuclear gage acceptance testing of material for Items P- t. , 152, P-154, P-208, and P-209, the testing shall be performed in accordance with this section. At each sampling location, the field density shall be determined in accordance with ASTM D 2922 using the Direct Transmission Method. The nuclear gage shall be calibrated in accordance with Annex Al. Calibration and operation of the gage shall be in accordance with the requirements of the manufacturer. The operator of the nuclear gage must show evidence of training and experience in the use of the instrument. The gage shall be standardized daily in accordance with ASTM D 2922, paragraph 8. Use of ASTM D 2922 results in a wet unit weight, and when using this method, ASTM D 3017 shall be used to determine the moisture content of the material. The moisture gage shall be standardized daily in accordance with ASTM D 3017, paragraph 7. The material shall be accepted on a lot basis. Each Lot shall be divided into eight (8) sublots when ASTM D 2922 is used. 120-02. When PWL concepts are incorporated, compaction shall continue until a PWL of 90 percent or more is achieved using the lower specification tolerance limits (L) below. The percentage of material within specification limits (PWL) shall be determined in accordance with the procedures specified in Section 110 of the General Provisions. The lower specification tolerance limit (L) for density shall be: Specification Item Number Specification Tolerance (L) for Density, (percent of laboratory maximum) Item P-152 95.0 for cohesive material, 95.0 for non -cohesive Item P-154 95.5 Item P-208 97.0 Item P-209 97.0 If the PWL is less than 90 percent, the lot shall be reworked and recompacted by the Contractor at the Contractor's expense. After reworking and recompaction, the lot shall be resampled and retested. Retest results for the lot shall be reevaluated for acceptance. This procedure shall continue until the PWL is 90 percent or greater. 120-03 VERIFICATION TESTING. (For Items P-152 and P-154 only.) The Engineer will verify the maximum laboratory density of material placed in the field for each lot. A minimum of one test will be made for each lot of material at the site. The verification process will consist of; (1) compacting the material and determining the dry density and moisture -density in accordance with [ASTM D 698 for aircraft gross weights less than 60,0000 pounds] [ASTM D 1557 for aircraft gross weights 60,000 pounds or more], and (2) comparing the result with the laboratory moisture -density curves for the material being placed. This verification process is commonly referred to as a "one - point Proctor". If the material does not conform to the existing moisture -density curves, the Engineer will establish the laboratory maximum density and optimum moisture content for the material in accordance with [ASTM D 698 for aircraft gross weights less than 60,0000 pounds] [ASTM D 1557 for aircraft gross weights 60,000 pounds or more]. Additional verification tests will be made, if necessary, to properly classify all materials placed in the lot. The percent compaction of each sampling location will be determined by dividing the field density of each sublot by the laboratory maximum density for the lot. END OF SECTION 120 GP-59 9/30/2009 AC 150/5370-10E I " Intentionally Left Blank GP-60 SPECIAL PROVISIONS SPECIAL PROVISIONS SP-1 SCOPE OF WORK The work to be accomplished under these specifications, including the plans, consists of construction work for the Lubbock Preston Smith International Airport, including but not limited to, reconstruction of pavement adjacent to Lubbock Aero fuel storage area and hangars. Specifically, the project will include asphalt pavement demolition, preparation of subgrade, construction of granular base layer, construction of asphalt surface course and construction of concrete surface course. The project also includes such incidentals as marking, seeding, drainage improvements and aircraft tie -down anchors. 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. SP-2 BASIS OF CONTRACT AWARD Award of this contract will be made on the basis of the lowest responsivelresponsible bidder. Refer to the City of Lubbock boiler plate documents for additional information. SP-3 TIME AND ORDER OF COMPLETION The construction covered by these specifications shall be completed (final completion) within 151 calendar days (173 calendar days if Alternate 3 is awarded) after the date of written Notice to Proceed. The Contractor may commence work upon receipt of the executed contract and shall commence work not later than the tenth (100') day after the date of the Notice to Proceed. 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 the time stated in the Proposal and in the Contract. The Contractor shall furnish the Engineer with his proposed progress schedule and Quality Control Plan for approval by the Engineer before work is commenced on the project. Other contractors may 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 be responsible for scheduling and implementing the various separate construction operations involved in the construction of the improvements included in this project. Completion shall be within the time frames specified below. The Contractor will prepare and submit for review his recommended phasing/scheduling plan in accordance with the following general guidelines. f, 01271010 SP - 1 07/11 } i Liquidated damages will be assessed for delayed completion in the amount listed below per calendar day for each individual phase or subphase (Refer to Plans for specific scope of each Phase). 1 Overall Project (Substantial Completion) —136 calendar days $1,250 (158 calendar days if ALT 3 awarded) 2 Overall Project (Final Completion, within 15 calendar days $1,250 following substantial completion) (173 calendar days if ALT 3 awarded) 3 Phase 1— 35 calendar days 4 Phase 2 — 35 calendar days $1,250 $1,250 5 Phase 3 (ALT) — 21 calendar days (28 calendar days if ALT 3 $1,750 awarded) 6 Phase 4 (ALT) — 45 calendar days (60 calendar days if ALT 3 $1,250 awarded) It is understood that allotted construction time does not include necessary curing periods between phases. Time will not be charged for curing periods. However, the Engineer will monitor cure time and it is expected that the Contractor will commence the subsequent phase as soon as possible. Stormwater pollution prevention plan measures shall be in -place and complete prior to the commencement of any construction work. Staging area preparation and construction will need to be performed prior to work or as approved by the Engineer. In all phases of work, the contractor shall keep all equipment, personnel, etc. clear of the protected surfaces on the airfield as shown in "imaginary surfaces" detail in the plans and in the appendix of these specifications. Any deviation from the above sequences of construction must be submitted by the Contractor in writing and will require the prior approval of the Engineer and Owner. 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. Portions of the runways and taxiways may be closed as required for proper execution of the work, but at least fourteen (14) days notice will be required before closing any portion of a runway or taxiway. SP4 CALENDAR DAY Time for completion of the project and for liquidated damages shall be in accordance with the provisions of these specifications. A calendar day is defined as every day shown on the calendar. Valid weather days will be considered by the Engineer. SP-5 LEMTATION 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 the Engineer. The Contractor shall 01271010 SP - 2 i 07/11 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 already started. The Contractor shall take all. precautions necessary to 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 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 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. Nighttime construction activities must be coordinated with the Engineer. 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 area of any active runway or taxiway. The Contractor shall, at a minimum, use the procedures required in AC 150/5370-2E (or latest version) for construction within the AOA. Safety areas for runways and taxiways can be obtained from the Owner or the Engineer if necessary. 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. Trenches, "drop offs" and manhole excavations within the limits of the safety area of any airfield paving shall be backfilled as outlined in these specifications by the end of the work day or work period. Excavations outside the safety areas of any active airfield paving shall be barricaded as outlined in these specifications to the satisfaction of the Engineer by the end of each work day or work period. All excavations shall be backfilled as soon as practicable. No open excavations shall be allowed within the safety area of any active airfield pavement unless otherwise approved by the Owner and the Engineer. The FAA considers any deviation of more than 3-inches above or below the existing grade to be a hazard to aircraft operations. The FAA may issue warnings or fine the Airport for these violations. Such fines as may be handed out by the FAA as a result of the Contractor's activities shall be considered the Contractor's responsibility, and shall be promptly paid by the Contractor, at his sole expense. 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. Runways and taxiways will be closed as required for proper execution of the work as provided in above paragraphs. 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 Conditions. Continued violations of safety rules and regulations by the Contractor, after having been notified of such violations by the Engineer, shall constitute grounds for suspending the Contractor's operations until steps are taken that will insure a safe operation. The Contractor shall be required to equip vehicles used by his project superintendent and project foremen on the project with radio receiver/transmitters for maintaining direct communication with the FAA control tower at Lubbock Preston Smith International Airport. The Contractor will provide a minimum of two (2) radios, as specified below. At the completion of the project, the Contractor shall transfer ownership of the two (2) specified radios, chargers and attachments to the Owner. The radios shall be delivered to the Owner in good working condition. The cost of the two (2) radios, chargers and attachments will be considered a subsidiary obligation of the Contractor under this project, and no separate, direct payment will be made. The radios to be provided shall consist of the following: 01271010 SP - 3 07/11 Two (2) Icom America, Model IC-A5 (or latest equivalent model), with AC charger, DC charger, carrying case, flexible antenna, headset adapter cable, headset desk charger, multi -charger, and two (2) 760 mAH heavy rechargeable battery packs. 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 be required to provide sufficient 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 unauthorized employees or 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 t the Director of Aviation. The Contractor shall not permit water to stand in any excavation adjacent to existing pavements. To insure compliance with this requirement the Contractor shall maintain at the site not less than two dewatering pumps in good working condition at all times that any excavation adjacent to existing pavements is open. No work other than dewatering operations will be permitted on the project at any time water is standing in open excavations. The Contractor shall maintain the pavement surfaces which are allowed to be used as hauling routes, in a clean condition, as determined by 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. If the contractor would like to amend the proposedphasingplan it will be discussed, reviewed and aperoved or modified at this meeting, SP-6 AIRPORT OPERATIONS SECURITY SP-6.1 General Airport security is a vital part of the Contractor's responsibilities during the course of this project. The following security guidelines and the rules and regulations of the Lubbock Preston Smith International Airport Operations Department (LBB Operations) and the Transportation Security Administration (TSA) shall be followed by the Contractor and the Contractor's employees, subcontractors, suppliers and representatives at all times during 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-6.2 Airport Operations Area (AOA) e 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 specifically reserved for the operations of aircraft and aircraft support equipment and personnel. Generally, the AOA is defined by the Airport's outer security k 1 01271010 SP - 4 07/11 r fencing and other security measures at the Airport terminal building. When necessary to cross pavement surface on the airfield, the Contractor shall inspect all paved surfaces for Foreign Object Debris (FOD), on a daily basis and prior to reopening pavement surface to air traffic. DO NOT leave access under secure fence at any time. SP-63 LBB Operations -Issued Security Badges The Contractor shall be responsible for obtaining a photo -identification security badge issued by the LBB Operations for each supervisor or foreman of each work crew working within the AOA. The Contractor shall obtain LBB Operations 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 all individuals responsible to the Contractor, including the Contractor's employees, subcontractors, suppliers or representatives, either obtain and display an LBB Operations security badge, or obtain and display a Contractor -issued identification badge, as specified below. AND be escorted or directly supervised by an individual displaying a current LBB Operations security badge. The Contractor may obtain LBB Operations security badges from the Lubbock Preston Smith International Airport Operations Department at the Lubbock Preston Smith International Airport. LBB Operations reserves the right to limit the number of security badges issued to the Contractor. LBB Operations will charge the Contractor a fifteen dollar ($15.00) fee for each security badge issued. The cost for a fingerprint verification will be an additional $30.00. An additional fee will be charged, as noted later in this section, for lost or destroyed badges. LBB Operations 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. LBB Operations security badge may be confiscated and all security rights revoked by LBB Operations upon the breach of any security or safety regulations at the discretion of LBB Operations. The holder of an LBB Operations security badge shall surrender the badge at the completion of this project, upon transfer or termination of employment, or at any other time at the request of LBB Operations. The Contractor shall conduct a background check of each applicant for an LBB Operations security badge utilizing standard background check forms provided by LBB Operations. The Contractor shall be responsible for completing the required forms, and for submitting the forms to LBB Operations 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 LBB Operations. LBB Operations shall be responsible for reviewing the background checks. Only persons whose application is approved by LBB Operations shall be issued security badges. LBB Operations reserves the right to bar from the AOA any individuals found by the background check to be, in the opinion of LBB Operations, a risk to AOA security or safety. At the completion of this project, the Contractor shall return all LBB Operations -issued security badges to LBB Operations. LBB Operations will charge an additional one hundred dollar ($100.00) fee for each lost or destroyed LBB Operations -issued security badge. All LBB Operations -issued security badges must be accounted for and surrendered at the completion of this project. Failure to account for and surrender all LBB Operation - issued security badges will constitute grounds for withholding retainage from the final pay estimate amount. SP-6.4 Contractor -Issued Identification Badges The Contractor shall be responsible for the identification of each of the Contractor's employees, subcontractors, 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 LBB Operations, the Director of Aviation or the Engineer. 01271010 SP - 5 07/11 The format and content of the Contractor -issued identification badge shall be approved by LBB Operations 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 Contractor shall be responsible for all Contractor -issued identification badges. All expired identification badges or badges 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 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 LBB Operations 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 individual operating within the AOA shall display either an LBB Operations - issued security badge or a Contractor -issued identification badge 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 LBB Operations -issued security badge at all times while within the AOA. Persons within the AOA not possessing a valid LBB Operations -issued security badge, or escorted or directly supervised by an individual possessing a valid LBB Operations -issued security badge, shall be considered in violation of LBB Operations security requirements and shall be subject to immediate removal from the AOA and any other disciplinary actions necessitated by LBB Operations security arrangements. SP-6.5 Contractor's Entrance Gate Adjacent to the Contractor's entrance gate, outside the AOA, the Contractor shall provide a parking area for the Contractor's employee's personal automobiles. 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 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 or repaving 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 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 LBB Operations with duplicate keys (for key locks) or combinations (for combination locks) to the lock or locks used to 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 LBB Operations -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. 01271010 SP-6 07/11 SP-6.6 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 LBB Operations 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-6.7 Challeneing Unauthorized Personnel or Vehicles The Contractor and the Contractor's employees, subcontractors, suppliers, and representatives who have been issued an LBB Operations 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 LBB Operations security badge, or who cannot produce a valid LBB Operations security badge, or who is not under escort or under the direct supervision of a person possessing a valid LBB Operations security badge. The challenge shall consist of notifying the 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, LBB Operations shall be immediately notified for further action, and the unauthorized person shall be kept under surveillance until LBB Operations arrive. Any expired or altered badge, or any badge bearing a photograph not matching the bearer, shall be brought to the attention of LBB Operations and shall be immediately confiscated by LBB Operations or the Director of Aviation. SP-6.8 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. information is required: When requesting approval for the use of a crane or other hoisting device, the following 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 crane or other hoisting device operation. The top of the crane or other hoisting device shall be marked with a 3-foot by 3-foot 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 of the Director of Aviation or the Engineer. The Contractor shall notify the Engineer and Director of Aviation at least forty-eight (48) hours prior to actual erection of the crane or other hoistingdevice. s� 01271010 SP - 7 07/11 SP-7 CONTRACTOR'S PLANT SITE, STORAGE AND OFFICE AREA(S) The Contractor shall make his own provisions for plant site, storage and office areas. If the Contractor desires to utilize an on -airport location, arrangements must be made with the Director of Aviation. The following specific requirements apply to on -airport plant site, storage and office areas. 1. The Contractor will be held completely responsible for any damage or deterioration in areas allowed for Contractor's use. The Contractor will also be responsible for maintenance of areas and dust control for the duration of the project. 2. Direct negotiation may be conducted with the Director of Aviation for any areas desired. Areas used by the Contractor may be subject to rental rates and fees as identified by the Director of Aviation. 3. Any areas occupied by the Contractor and his forces will be required to be completely restored by the Contractor, at his expense, including but not limited to regrading disturbed areas; complete removal of debris or any other material brought onto the site by the Contractor; complete replacement of topsoil, turf, asphalt pavement, concrete slabs or r drives, etc. that is worn, deteriorated or damaged during the period the Contractor and his 1' forces occupy the area. All restoration shall be to the satisfaction of the Director of Aviation. 4. Prior to moving into an unpaved area, the Contractor shall clear and grub the area, and remove and stockpile a minimum of 6-inches of existing topsoil. After completion of the project and after clearing the site of materials, equipment and debris, the Contractor shall replace, spread and grade the salvaged topsoil, followed by seeding and fertilizing. 5. All restoration activities shall be accomplished in accordance with applicable technical specifications of these documents including but not limited to Items P-152, P401 and T-901. 6. No direct payment will be made to the Contractor for preparing or restoring plant site haul routes, storage or office areas. SP-8 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. Various existing underground utilities and structures are shown on the plans. Their locations are believed to be reasonably accurate but are not guaranteed. Though an effort has been made to locate and mark, on the plans, all underground utilities, the Contractor is herein warned that unmarked utilities may exist within the construction area. Prior to construction, the Contractor shall coordinate his activities with FAA Facilities at Lubbock Preston Smith International Airport. The Contractor should anticipate conflicts with existing utilities. Where conflicts are encountered, the Contractor shall reroute electrical conduits, ducts, water pressure lines and/or force mains around gravity lines which will take precedence over pressure lines for maintaining vertical alignment as shown on plans. Conflicts between pressure lines shall be resolved as ordered by the Engineer. No additional payment will be made for rerouting utilities due to conflicts. 01271010 SP - 8 07/11 Certain runway and taxiway lights and signs and electrical cables are not scheduled to be removed or abandoned under this contract. The Contractor shall take all steps necessary to protect these existing facilities during construction to assure continuous operation of lights for runways and taxiways which will be open for night operations. The Contractor shall protect existing lighting fixtures from damage during construction by his operations. An inventory of existing fixtures shall be taken before construction begins and the Contractor shall be responsible for the cost of replacement of any fixtures damaged by his operations. SP-9 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-10 LINES AND GRADES The Contractor will be responsible for laying out the work from existing paving and structures. The Engineer will check grade control and major layouts at his discretion, but this check will not relieve the Contractor of his responsibility of correctly locating line and grade in accordance with the plans and specifications. 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. The Contractor shall satisfy himself as to the accuracy 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 11 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. Arrangements for the location of water sources and for payment for water consumed by the Contractor during construction shall be made directly with the City of Lubbock's water utility department, Lubbock Power and Light and Water. SP-12 MATERIAL TESTS Various tests on materials of construction are required in the specifications. In general, the Contractor shall bear the cost of all material tests required before approval of a material source or mix design. The City will bear the cost of all passing commercial laboratory tests required during construction and the Contractor shall bear the cost of all failing construction tests. The following is a summary of tests required of the Contractor. Aggregates Tests required, prior to use, for approval of source. Asphalt -Certifications on asphalt material used. 01271010 SP - 9 ; 07/11 Hot Mix -Mix design for all surface and base materials proposed, as required in the technical specifications. Cement -Certifications on cement material used. Cementitious Materials -Certifications on material used. Lime -Certifications on lime material used. Portland Cement Concrete -Mix design for all materials proposed, as required in the technical specifications. Where only small amounts of any material are used or where compliance with the specifications can be determined by visual inspection, no tests are required. Certificates of compliance shall be required on all materials not tested. All materials proposed to be used may be tested at any time during their preparation and use. If, after trial, it is found that sources of supply which have been approved do not furnish a product of uniform quality or if the product from any source proves unacceptabk at any time, the Contractor shall furnish approved material from another source. SP-13 BARRICADES, SIGNS, AND HAZARD MARKINGS The Contractor shall provide, erect, and maintain all necessary barricades, signs, danger signals, and lights for the protection of the work and the safety of the public for both land and air traffic. Before closing existing runways or taxiways, warning signs for air traffic shall be placed at such locations and shall be visible day and night. A runway closed because of construction or other activities or hazards shall have appropriate FAA standard markings. Any movement of Contractor's vehicles or equipment on or across landing areas shall carry FAA standard markings or flags. Movement of other vehicles responsible to the Contractor shall be under escort, as specified in Paragraph SP-6, AIRPORT OPERATIONS SECURITY. Taxiways closed to traffic shall be protected by effective barricades. Spacing of barricades shall be as directed by the Engineer. Barricades for aprons closed to traffic shall consist of heavy duty barricades with reflective striping and a flashing light on each end as shown in detail on the plans. Barricades shall be spaced with no more than 10' clearance between the ends. Suitable warning signs illuminated at night by acceptable light units, shall be provided for closed runways, taxiways and roadways. Obstructions shall be illuminated at night. The proper illumination of obstructions is critical to the safe operation of aircraft on the Airport. All warning lights shall be equipped with photocell controls to automatically turn on the lights at night and turn them off at daytime. The lights shall be checked daily by the Contractor to assure that batteries or power cells are in working order. In addition, the lights shall be checked by the Contractor at night on a daily basis. Any lights found to be out of order, flashing: weakly or in otherwise less than acceptable operating condition shall be immediatelyplaced or repaired. The Engineer mgy suspend work on the project if the Contractor's warning lights are not maintained in an acceptable manner. A twenty-five dollar ($25.00) charge will be assessed the Contractor for each light, per day, found to be inoperative by Owner's personnel or representatives. SP-14 PREVENTION OF AIR AND WATER POLLUTION The Contractor shall use suitable precaution to minimize air and water pollution during the progress of work. The Contractor shall comply with directives given by the Engineer in implementation of the letter and intent of FAA Advisory Circular 150/5370-10, Item P-156 entitled "Temporary Air and Water Pollution Soil Erosion, and Siltation Control". Item P-156, entitled "Temporary Air and Water Pollution Soil Erosion, and Siltation Control," is included in the technical specifications for this project. S 01271010 SP - 10 07/11 SP-15 PROGRESS SCHEDULE Within ten (10) 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. Revision or changes in the approved progress schedule may be made only with approval of the Engineer. SP-16 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 150/5370-2E (or latest version), "Operational Safety on Airports During Construction," included in the Appendix of these Specifications. No runway, taxiway, apron, or roadway shall be closed or opened except by express permission from the Engineer and Director of Aviation. 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-17 FINAL CLEANING UP As each intermediate phase of work is completed and prior to opening any portion of any airfield apron, runway or taxiway, the Contractor shall be responsible for cleaning the construction site and adjacent pavement as specified above. 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 a part of the cost of the various items of work involved, and no direct compensation will be made for this work. SP-18 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 insurance coverage indicated in the General Conditions shall also include the Engineer, Parkhill, Smith & Cooper, Inc. as an additional insured. 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. 01271010 SP - 11 07/11 t I- I Coverage shall extend to all subcontractors unless proof of minimum coverage required is submitted separately by each subcontractor not so covered. SP-19 REMOVAL AND DISPOSAL OF STRUCTURES, UTILITIES AND OBSTRUCTIONS All structures, utilities or obstructions found on the airport and shown on the plans which are not to remain in place or which are not to be used in the new construction shall be removed 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-20 CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS Finished surfaces shall conform to the lines, grades, cross sections and dimensions. 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-21 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 satisfactorily 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-22 DISPUTED CLAIMS FOR EXTRA WORK 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 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 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. 01271010 SP -12 07/11 SP-23 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-24 INDEMNIFICATION The Contractor shall indemnify and hold harmless and defend the Owner, Engineer 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, their 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, Engineer or any of its officer, agents or employees, including attorney's fees. The Contractor shall indemnify and hold harmless and defend the Owner, Engineer 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 claimed negligent act of the Owner, Engineer, the Owner's officers, agents and employees, whether such negligent act was the sole proximate cause of the injury or damage or a proximate cause jointly and concurrently with the Contractor or the Contractor's employees, agents or subcontractors negligence, 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, Engineer or any of its officers, agents or employees, including attorney's fees. The Contractor agrees that he will indemnify and save the Owner and Engineer 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. SP-25 OPENING OF SECTION OF AIRPORT TO TRAFFIC Whenever, in the opinion of the Engineer and LBB Operations, a runway or taxiway is in an acceptable condition, it may be opened to traffic upon the written order of the Engineer. 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-26 CONTRACTOR'S RESPONSIBILITY FOR WORK Until acceptance by the Engineer of any part or all of the construction, as provided for in these specifications, it shall 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 whatsoever, whether arising from the execution or from the non -execution of the work. The Contractor shall rebuild, repair, restore, 01271010 SP -13 07/11 ' i l