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HomeMy WebLinkAboutResolution - 2022-R0381 - Contract 16680 with Tommy Klein Construction - Airport 9.13.22Resolution No. 2022-RO381 Item No. 5.20 September 13, 2022 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, a Lump Sum Price Bid Contract per ITB 22-16680, by and between the City of Lubbock and Tommy Klein Construction, Inc. for Roadway Sign Replacement at the Lubbock Preston Smith International Airport, consistent with the terms of the bid submittal attached hereto and incorporated herein, and related documents. Passed by the City Council on ATTEST: Secretary APPROVED AS TO CONTENT: 0 Bill HgKerton, Deputy September 13, 2022 T16tTIPA' MAYOR APPROVED AS TO FORM: Mitche atte 'te, First Assistant City Attorney ccdocs/RES.ITB 22-16680 LPSIA Sign Replacement August 19, 2022 BID SUBMITTAL FORM LUMP SUM PRICE BID CONTRACT DATE: og/l i /2o22 PROJECT NUMBER: ITB 22-16680-TF LBB Roadway/Gateway Sign Replacement Bid of Bidder) Tommy Klein Construction, Inc. (hereinafter called 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 the referenced project, 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 project 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. 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. 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 300 consecutive calendar days with final completion of the project within 330 consecutive calendar days as stipulated in the specification and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages in the sum of $25 for each consecutive calendar day after substantial completion and liquidated damages in the sum of $25 for each consecutive calendar day after final completion set forth herein above for completion of this project, all as more fully set forth in the General Conditions of the Agreement. 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 60 calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the 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 10 business days after notice of award of the contract to him. City of Lubbock, TX LPSIA ITB 22-16680-TF LBB Roadway/Gateway Sign Replacement Tommy HIein Construction, Inc. of Lubbock, TX Qty Unit Extended # Items (+/-) UoM Cost Cost Base Bid #1-1 Base Bid Item 1: Roadway Sign Replacement I LS $ 847,000.00 847,000.00 Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of 5% Dollars ($ ), which it is agreed shall be 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 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(g), 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 SUBMITTAL FORM PRIOR .TO )BID OPENING. (Seal if Bidder isa Corporation) ATTEST: Cderryr acknowledges receipt of the following addenda: Addenda No. �_ Date Addenda No. �_ Date g -I o , zoz z Addenda No. Date Addenda No. Date Date: 08/11/2022 / Authorized Signature Karen Klein (Printed or Typed Name) Tommy Klein Construction, Inc. Company 7312 Upland Avenue Address Lubbock Lubbock City, County Texas 79424 State Zip Code Telephone: 806 - 438-3811 Fax: 806 - 797-2959 FEDERAL TAX ID or SOCIAL SECURITY No. 752798173 EMAIL: kklein@tkleinconst.com M/WBE X Woman IaCK American ative merican Firm: ispanic Asian raciric Othenr peci American American CERTIFICATE OF INTERESTED PARTIES I✓oRnn 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2022-929580 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Tommy Klein Construction, Inc. Lubbock, TX United States Date Filed: 09/02/2022 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbook Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. ITB-22-16680-TF LBB Roadway/Gateway Sign Replacement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Klein, Tommy Lubbock, TX United States X Klein, Karen Lubbock, TX United States X 5 Check only if there is NO interested Party. ❑ 6 UNSWORN DECLARATION My name is C 1 I and my date of birth is My address is ctU 7—+ A (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct_ t+ Executed in County, State of on the ���day of 20 0--d- { o�nth) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.etNcs.state.tx.us Version V1.1.191b5cdc CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2022-929580 Tommy Klein Construction, Inc. Lubbock, TX United States Date Filed: 09/02/2022 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbook Date Acknowledged: 09/13/2022 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. ITB-22-16680-TF LBB Roadway/Gateway Sign Replacement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Klein, Tommy Lubbock, TX United States X Klein, Karen Lubbock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY: CONTRACT AWARD DATE: September 13, 2022 CITY OF LUBBOCK SPECIFICATIONS FOR LBB Roadway/Gateway Sign Replacement ITB 22-16680-TF CONTRACT 16680 PROJECT NUMBER: 253.92579 Plans & Specifications may be obtained from https:Hci-lubbock-tx.bonfirehub.com/ City of 1 ' bb o cn TEXAS CITY OF LUBBOCK Lubbock, Texas Page Intentionally Left Blank Addenda Page Intentionally Left Blank 10. C'ty of ibbock TExas ADDENDUM I Bid Due Date Extension ITB 22-16680-TF LBB Roadway/Gateway Sign Replacement DATE ISSUED: July 21, 2022 NEW OPEN DATE: August 11, 2022, at 3:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Bid Due Date Extension The bid due date has been extended to August 11, 2022, at 3:OOPM CST. All requests for additional information or clarification must be submitted in writing and directed to: Teofilo Flores, Asst. Director City of Lubbock Purchasing and Contracts Management Office 1314 Ave. K, Floor 9 Lubbock, Texas 79401 Questions may be faxed to (806)775-2164 or Email to TKFlores(amylubbock.us Questions are preferred to be posted on Bonfire. THANK YOU, %*& 5&w CITY OF LUBBOCK Teofilo Flores Asst. Director City of Lubbock Purchasing and Contracts Management Office 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 Director of Purchasing and Contract Management 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 Director of Purchasing and Contract Management no later than five (5) business days prior to the close date. A review of such notifications will be made. 10. C'ty of ibbock TExas ADDENDUM 2 Bid Due Date Extension ITB 22-16680-TF LBB Roadway/Gateway Sign Replacement DATE ISSUED: August 10, 2022 NEW OPEN DATE: August 18, 2022, at 2:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Bid Due Date Extension The bid due date has been extended to August 18, 2022, at 2:OOPM CST. All requests for additional information or clarification must be submitted in writing and directed to: Teofilo Flores, Asst. Director City of Lubbock Purchasing and Contracts Management Office 1314 Ave. K, Floor 9 Lubbock, Texas 79401 Questions may be faxed to (806)775-2164 or Email to TKFlores(a�,mylubbock.us Questions are preferred to be posted on Bonfire. THANK YOU, CITY OF LUBBOCK Teofilo Flores Asst. Director City of Lubbock Purchasing and Contracts Management Office 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 Director of Purchasing and Contract Management 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 Director of Purchasing and Contract Management no later than five (5) business days prior to the close date. A review of such notifications will be made. INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL — (must be submitted by published due date & time) 3-1. UNIT PRICE BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK REFERENCE FORM 3-3. CONTRACTOR'S STATEMENT OF QUALIFICATIONS 3-4. SAFETY RECORD QUESTIONNAIRE 4. EEO EMPLOYEE INFORMATION CERTIFICATION 5. BUY AMERICAN CERTIFICATION 6. DAVIS-BACON CERTIFICATION OF ELIGIBILITY 7. CERTIFICATION OF NONSEGREGATED FACILITIES 8. TRADE RESTRICTION CLAUSE 9. DBE CONTRACTING REQUIREMENT 10. LIST OF SUB -CONTRACTORS 11. PAYMENT BOND 12. PERFORMANCE BOND 13. CERTIFICATE OF INSURANCE 14. CONTRACT 15. CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 16. CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES 17. GENERAL CONDITIONS OF THE AGREEMENT 18. SPECIAL CONDITIONS (IF APPLICABLE) 19. SPECIFICATIONS 3 Page Intentionally Left Blank NOTICE TO BIDDERS Page Intentionally Left Blank City of Lubbock TEXAS ITB 22-16680-TF LBB Roadway/Gateway Sign Replacement 1. NOTICE TO BIDDERS 1.1. Bidders may submit responses electronically by uploading required documents at the City of Lubbock's partner website, Bonfire. This Invitation to Bid is for your convenience in submitting a bid for the specified project. If submitting electronically, do not submit paper documents. If you choose to submit in hard copy, submit one original paper copy of your submittal to the office of the Director of Purchasing and Contract Management: Physical: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 13 14 Avenue K, 9th Floor Lubbock, Texas 79401 Mailing: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 MARK ENVELOPE WITH THE SOLICITATION NUMBER, TITLE, AND DUE DATE/TIME 1.2. Bids will be opened in the office of the Director of Purchasing and Contract Management, Citizens Tower, 1314 Avenue K, Floor 9, Lubbock, Texas, 79401, and via teleconference as shown below at 2:00 PM on July 21, 2022, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the above referenced. 1.3. After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Director of Purchasing and Contract Management and publicly read aloud. Bids will be opened via teleconference if date/time stamped on or before the deadline stated at the office listed above. The Zoom meeting information is as follows: Website: https:Hzoom.us/j/9759171012?pwd=bkFtRTN1cXV 1 SkhWdkZiMDk4MXh2dzO9 Meeting ID: 975 917 1012 Passcode: 1314 1.4. It is the sole responsibility of the bidder to ensure that his bid is actually received by the office of the Director of Purchasing and Contract Management for the City of Lubbock, before the expiration of the date above first written. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. 1.5. 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 bid, we suggest that he/she use some sort of delivery service that provides a receipt. The City of Lubbock assumes no responsibility for errant delivery of bids, including those relegated to a courier agent who fails to deliver in accordance with the time and receiving point specified. 1.6. Although bids may be submitted electronically, hard copy bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. THE CITY WILL NOT ACCEPT FAX BIDS. 1.7. Bids may be withdrawn prior to the above scheduled time set for closing. Alteration made before ITB opening must be initialed by bidder guaranteeing authenticity. 1.8. Bids are due at 2:00 PM on July 21, 2022, and the City of Lubbock Council members will consider the bids on August 23, 2022, at the Citizens Tower, 1314 Avenue K, 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 shall be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. NO WORK ON THE CONTRACT SHOULD COMMENCE BEFORE THE BONDS ARE PROVIDED AND APPROVED. 1.9 NOTICE TO PROCEED WILL BE ISSUED 30 DAYS FOLLOWING THE AWARD OF THE CONTRACT BY THE LUBBOCK CITY COUNCIL. 1.10. Please allow time to upload required documentation. 24hrs in advance is recommended. 1.11. 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 proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds within ten (10) business days after notice of award of the contract to the bidder. 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. 1.12. Copies of plans and specifications may be obtained at bidder's expense from the City of Lubbock Purchasing and Contract Management office. Plans and specifications can be viewed online and downloaded from https://ci-lbbock-tx.bonfirehub.com/portal/ at no cost. In the event of a large file size, please be patient when downloading or viewing. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 1.13. It shall be each bidder's sole responsibility to inspect the site of the work and to inform bidder 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. 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 July 13, 2022, at 11:00 a.m., via teleconference. The Zoom meeting information is as follows: Website: hiips://zoom.us/j/96531841068?pwd=ZOxLbGZsRVNLUnFjVDZgd2F6UlFDZz09 Meeting ID: 965 3184 1068 Passcode: 1314 2.2. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.3. 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. 3. 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 bidders 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. 4. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. 5. 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 3.75% 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: 6. 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. 7. 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. 8. 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. 9. 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. 10. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK, Marta Alvarez DIRECTOR OF PURCHASING & CONTRACT MANAGEMENT GENERAL INSTRUCTIONS TO BIDDERS Page Intentionally Left Blank GENERAL INSTRUCTIONS TO BIDDERS 1. BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 1.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing and Contract Management Office 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 five (5) calendar days before the bid closing date. A review of such notifications will be made. 1.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Teofilo Flores, Asst. Director City of Lubbock Purchasing and Contract Management Office 1314 Avenue K, Floor 9 Lubbock, Texas 79401 Fax: 806-775-2164 2. TIME AND ORDER FOR COMPLETION 2.1 The construction covered by the contract documents shall be substantially completed within 300 Consecutive Calendar Days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 2.2 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 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. 2.3 Upon receipt of notice to proceed, and upon commencement of the work, the Contractor shall ensure daily prosecution of the work is conducted every business day until the work is completed, regardless if the work will be substantially or finally complete ahead of specified deadlines in the agreement, unless the City determines time off from said prosecution is necessary or reasonable and Contractor received said determination in writing from the City. Additionally, inclement weather shall be the only other reason consistent, daily prosecution of the work may not take place on those inclement weather days. 3. GUARANTEES 3.1 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). 3.2 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. 3.3 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, its right pertaining to termination or default. 3.4 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 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. 4. BID AWARD 4.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Items plus the sum of any Alternate Bids or Options the City may select. 4.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 4.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 4.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 4.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 4.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. GENERAL INSTRUCTIONS TO BIDDERS (Continued) 5. ADDENDA & MODIFICATIONS 5.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at https:Hci-lubbock-tx.bonfirehub.com/portal/. 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. 5.2 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 hops://ci-lubbock-tx.bonfirehub.com/portal/ and will become part of the bid 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) calendar days before the bid closing date. 5.3 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. 5.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 6. EXAMINATION OF DOCUMENTS AND REQUIREMENTS 6.1 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. 6.2 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. 6.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing and Contract Management Office and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing and Contract Management Office 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 Purchasing and Contract Management Office 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 five (5) calendar days prior to the bid closing date. 7. BID PREPARATION COSTS 7.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 7.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 7.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 8. TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 8.1 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. 8.2 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 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 Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 8.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 8.4 Pursuant to Section 552.234(c) of the Texas Government Code, submit your open records request using the link provided below. https:Hlubbocktx.govqa.us/WEBAPP/_rs/(S(quiyirflbtihahjny^ cegwpcs))/SLapportHome.aspx 8.5 For more information, please see the City of Lubbock Public Information Act website at: https://ci.lubbock.tx.us/pages/public-information-act 9. LICENSES, PERMITS, TAXES 9.1 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. 10. UTILIZATION OF LOCAL BUSINESS RESOURCES 10.1 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. 11. CONFLICT OF INTEREST 11.1 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. 11.2 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. 11.3 It is not necessary to fill out the CIQ Form unless you have a business relationship that might cause a conflict of interest with the City of Lubbock 11.4 Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire, Form CIQ, the vendor or person's affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, the questionnaire must be fled with the records administrator of the City of Lubbock not later than the Seventh business day after the date the person becomes aware of the facts that require the statement to be filed. The questionnaire can be found at: s://www.ethics.state.tx.us/forms/conflict/ For the City of Lubbock, these forms should be filed with the City Secretary's Office, P.O. Box 2000, Lubbock, Texas, 79457 See Section 176.006, Local Government Code: http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG. 176.htm. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 12. CONTRACT DOCUMENTS 12.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 12.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 13. CERTIFICATE OF INTERESTED PARTIES 13.1 Effective January 1, 2016, Section 2252.908, as amended, of Chapter 2252 of the Texas Government Code requires certain business entities to submit an electronic disclosure form to the Texas Ethics Commission before entering into a contract with a local government entity when any of the following apply: 1) Contract requires an action or vote by the City Council (governing body); OR 2) Contract value is $1 Million or greater; OR 3) Contract is for services that would require a person to register as a lobbyist under Chapter 305 of the Government Code. This must be done before executing the contract. The disclosure form may be found at hops://www.ethics.state.tx.us/whatsnew/elf_ info_forml295.htm. You must log in and create an account the first time you fill out the form. Tutorial videos on how to log in for the first time and how to fill out the form can be found through the link above. After you electronically submit the disclosure form, a screen will come up confirming the submission and assigning a certificate number. Then, you must print the form, have an authorized agent complete the declaration and sign, and provide it to the City (scanned email copy is acceptable). 14. PLANS FOR USE BY BIDDERS 14.1 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 or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. 15. PAYMENT 15.1 All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 16. AFFIDAVITS OF BILLS PAID 16.1 The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 17. MATERIALS AND WORKMANSHIP 17.1 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. 18. PLANS FOR THE CONTRACTOR 18.1 The contractor will, upon written request, be furnished up to five 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 19.1 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. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: 19.1.1 The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. 19.1.2 A sworn statement of the current financial condition of the bidder. 19.1.3 Equipment schedule. 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. 20.2 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 21.1 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, at Contractor's expense. 22. BARRICADES AND SAFETY MEASURES 22.1 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 necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 24. CONTRACTOR'S REPRESENTATIVE 24.1 The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 25. INSURANCE 25.1 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 ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his 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 coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. 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. COPIES OF THE ENDORSEMENTS ARE REQUIRED. 26. LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the contract requiring an inspector shall not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 26.1.3 Before construction work requiring an inspector is to be performed on Sunday or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on Sunday or holidays will be made by the Owner's Representative. 26.2In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS 27.1 The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of the City. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, sixty dollars ($60) for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28. PROVISIONS CONCERNING ESCALATION CLAUSES 28.1 Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29. PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be correctly filled in, stating the price in numerals for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. BIDDER'S BID SUBMITTAL MUST INCLUDE THE FOLLOWING: • Bid Submittal Form • Safety Record Questionnaire • Certification regarding Employee Information Report EEO-1 • Buy American Certification • Davis- Bacon Certification of Eligibility • Certification of Nonsegregated Facilities • Trade Restriction Clause • DBE Utilization Form • DBE Letter of Intent • DBE Bidder's List • Bid Bond 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. 29.3 Pursuant to Texas Local Government Code 252.043(g), 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 SUBMITTAL FORM PRIOR TO BID OPENING. 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 30. BOUND COPY OF CONTRACT DOCUMENTS 3 0. 1 Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the following: (a) Notice to Bidders (b) General Instructions to Bidders (c) Bid Submittal Form (d) Debarment Certification (e) EEO Certification (f) Buy America Certification (g) Davis- Bacon Certification (h) Nonsegregated Facilities Certification (i) Trade Restriction Clause 0) DBE Contracting Requirement (k) Safety record Questionnaire (1) Statutory Payment and Performance Bonds (m) Insurance Certificates for Prime Contractor and all Subcontractors (n) Contract (o) General Conditions of the Agreement (p) FAA Mandatory Contract Provisions (q) FAA General Provisions (r) Special Provisions (s) Technical Specifications (t) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders 30.1 If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 31. 31 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS 31.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this ITB, Disadvantaged Business Enterprises (DBE's) will be afforded equal opportunities to submit bids and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. 31.2 A DBE is defined as a small business concern which is at least 51 % owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51 % of the stock of which is owned by one or more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. 31.3 Good Faith Efforts (Information to be submitted) 31.1.1 City of Lubbock treats bidders' compliance with good faith efforts requirements as a matter of responsiveness. 31.1.2 Each solicitation for which a contract goal has been established will require the bidders to submit the following information with its bid as a condition of responsiveness: 1. DBE Utilization form 2. DBE Letter of Intent; 3. DBE Bidder's List 4. If the goal is not met, evidence of good faith efforts 31.4 Demonstration of good faith efforts 31.4.1 The obligation of the bidder is to make good faith efforts. The bidder can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. The Disadvantage Business Enterprise Program has been uploaded. 31.4.2 The following personnel are responsible for determining whether a bidder who has not met the contract goal has documented sufficient good faith efforts to be regarded as responsive: Persons assigned to evaluate bids or proposals as specified on the City's "Request to Solicit Competitive Bids or Proposals — Procurement Document Submittal Form." 31.4.3 We will ensure that all information is complete and accurate and adequately documents and bidder's good faith efforts before we commit to the performance of the contract by the bidder. 31.5 Administrative reconsideration 31.5.1 Within 10 days of being informed by City of Lubbock that it is not responsive because it has not documented sufficient good faith efforts, a bidder may request administrative reconsideration. Bidders should make this request in writing to the following reconsideration official: Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. The reconsideration official will not have played any role in the original determination that the bidder did not make/document sufficient good faith efforts. 31.5.2 As part of this reconsideration, the bidder will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder will have the opportunity to meet in person with our reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. We will send the bidder a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the Department of Transportation. 31.6 Good Faith Efforts when a DBE is replaced on a contract 31.6.1 City of Lubbock will require a contractor to make good faith efforts to replace a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE, to the extent needed to meet the contract goal. The City will require the prime contractor to notify the DBE Liaison Officer (DBELO) immediately of the DBE's inability or unwillingness to perform and provide reasonable documentation. 31.6.2 In this situation, we will require the prime contractor to obtain our prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. If the contractor fails or refuses to comply in the time specified, our contracting office will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the contracting officer may issue a termination for default proceeding. 31.7 Certification 31.7.1 The DEBLO will submit any request for certification and/or information regarding certification to TxDOT. TxDOT serves as the regional Unified Certification Program Administrator for Lubbock. For information about the certification process or to apply for certification, firms should contact: Karen Williams, Deputy Director — Administration, Lubbock Preston Smith International Airport, Rt. 3 Box 389, Lubbock, Texas 79403, (806) 775-3127, Kwilliamsgmylubbock.us. 31.8 Certification Appeals 31.8.1 Any firm or complainant may appeal the City's decision in a certification matter to DOT. Such appeals may be sent to: Department of Transportation Office of Civil Rights Certification Appeals Branch, 400 7th St., SW, Room 2104, Washington, DC 20590. 31.8.2 The City will promptly implement any DOT certification appeal decision affecting the eligibility of DBEs for all DOT -assisted contracting (e.g., certify a firm if DOT has determined that our denial of its application was erroneous). 31.9 "Recertifications" 31.9.1 The City will review the eligibility of DBEs that the City might have certified under former part 23, to make sure that they meet the standards of Subpart D of part 26. In order to comply with requirements of re -certification each currently certified DBE the airport works with will be required to comply with the requirements of the UCP. For firms that the City has certified or reviewed and found eligible under part 26, the City will review their eligibility every five years following the date of their certification in accordance with UCP rules and regulations. 3 1. 10 Bidders List 31.10.1The City of Lubbock will create a bidders list, consisting of information about all DBE and non -DBE firms that bid or quote on DOT -assisted contracts. The purpose of this requirement is to allow use of the bidder's list approach to calculating overall goals. The bidders list will include the name, address, DBE/non-DBE status, age, and annual gross receipts of firms. 31.10.2The 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. 31.11 Monitoring Payments to DBEs 31.11.1 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. 31.11.2The City will keep a running tally of actual payments to DBE firms for work committed to them at the time of contract award. 31.11.3The 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. 32 VETERAN'S PREFERENCE 32.1 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. 33 CONFIDENTIALITY 33.1 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. 33.2 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. 33.3 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. 34 NON DISCRIMINATION CLAUSE 34.1 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. 35 PROMPT PAYMENT 35.1 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. 36 MONITORING AND ENFORCEMENT MECHANISMS 36.1 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. 36.2 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. 36.3 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 37 BREACH OF CONTRACT TERMS 37.1 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 any duties, obligations, rights and remedies otherwise imposed or available by law. 38 OUALIFICATIONS OF BIDDERS 38.1 The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid maybe rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (c) The quality of performance of previous contracts or services. (d) The safety record of the Contractor and proposed Sub -Contractors 38.2 Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 39 PLANS FOR THE CONTRACTOR 39.1 The contractor will, upon written request, be furnished up to five 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. 40 ANTI -LOBBYING PROVISION 40.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 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 bidder's 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 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 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.html 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. 42 PROTEST 42.1 All protests regarding the ITB process must be submitted in writing to the City Director of Purchasing and Contract Management within 5 working days after the protesting party knows of the occurrence of the action which is protested relating to advertising of notices deadlines, proposal opening and all other related procedures under the Local Government Code, as well as any protest relating to alleged improprieties with the ITB process. This limitation does not include protests relating to staff recommendations as to award of contract. Protests relating to staff recommendations may be directed to the City Manager. All staff recommendations will be made available for public review prior to consideration by the City Council as allowed by law. 42.2 FAILURE TO PROTEST WITHIN THE TIME ALLOTTED SHALL CONSTITUTE A WAIVER OF ANY PROTEST. BID SUBMITTAL FORM Page Intentionally Left Blank BID SUBMITTAL FORM LUMP SUM PRICE BID CONTRACT DATE: oR/11 ?o?,z PROJECT NUMBER: ITB 22-1.66$0-TF LBB Roadway/Gateway Sign Replacement Bid of Bidder) Tommy Klein Construction, Inc. (hereinafter called 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 the referenced project, 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 project 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. 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. 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 300 consecutive calendar days with final completion of the project within 330 consecutive calendar days as stipulated in the specification and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages in the sum of $25 for each consecutive calendar day after substantial completion and liquidated damages in the sum of $25 for each consecutive calendar day after final completion set forth herein above for completion of this project, all as more fully set forth in the General Conditions of the Agreement. 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 60 calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the 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 10 business days after notice of award of the contract to him. City of Lubbock, TX LPSIA ITB 22-16680-TF LBB Roadway/Gateway Sign Replacement Tommy Klein Construction, Inc. of Lubbock, TX Qty Unit Extended # Items (+/-) UoM Cost Cost Base Bid #1-1 Base Bid Item 1: Roadway Sign Replacement 1 LS $ 847,000.00 847,000.00 Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of 5% Dollars ($ ), which it is agreed shall be 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 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(g), 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 SUBMITTAL FORM PRIOR TO'BID OPENING. (Seal if Bidder i' a Corporation) ATTEST: - e ry der acknowledges receipt of the following addenda: Addenda No. ) Date 7- Z l -2-ozz Addenda No. 0, _ Date F -10 -10 a 7Z Addenda No. Date Addenda No. Date Date: 08/11/2022 r � Authorized Signature Karen Klein (Printed or Typed Name) Tommy Klein Construction, Inc. Company 7312 Upland Avenue Address Lubbock City, Texas Lubbock County 79424 State Zip Code Telephone: 806 - 438-3811 Fax: 806 - 797-2959 FEDERAL TAX ID or SOCIAL SECURITY No. 752798173 EMAIL: kklein@tkleinconst.com M/WBE X I W oman Black American Native American Firm: ispanic Asian Pacitic other peci American American INSURANCE REQUIREMENTS I, the undersigned Bidder certify that the insurance requirements contained in this bid document have been reviewed by me and my 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 bid. If the time requirement specified above is not met, the City has the right to reject this proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Director of Purchasing & Contract Management for the City of Lubbock at (806) 775-2572. 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 $25,000 and all non -procurement transactions (e.g., sub -awards to sub - recipients). Contractors receiving individual awards of $25,000 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 $25,000 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. TEXAS GOVERNMENT CODE SECTION 2252.152 The undersigned representative of the undersigned company or business, being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153.1 further certify that should the above -named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas, which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Lubbock Purchasing and Contract Department. TEXAS GOVERNMENT CODE SECTION 2271.002 Company hereby certifies the following: 1. Company does not boycott Israel; and 2. Company will not boycott Israel during the term of the contract. The following definitions apply to this state statute: (1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and (2) "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. This Certification is required from a Company if the Company has 10 or more full-time employees and the contract for goods or services (which includes contracts formed through purchase orders) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. TEXAS GOVERNMENT CODE 2274 By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. Agreement Example Review This sample Agreement has been reviewed and (X) is acceptable ( ) is acceptable as noted Contractor Acknowledgement In compliance with this solicitation, the undersigned bidder, having examined the bid documents, instructions to bidders, documents associated with the invitation to bid, and being familiar with the conditions to be met has reviewed the above information regarding: • Insurance Requirements • Suspension and Debarment Certification • Texas Government Code Section 2252.152 • Texas Government Code Section 2271.002 • Texas Government Code 2274 An individual authorized to bind the company must sign the following section. Failure to execute this portion may result in bid rejection. By signing below, the terms stated have been reviewed and approved. Company Name: Signed Sy: Tommy Klein Construction, Inc. Print Name and Title: Karen Klein, President Date: 08/ 11 /2022 Bid Bond SURETY DEPARTMENT Conforms with the American Institute of Architects, A.LA Documents No. A-310 KNOW ALL MEN BY THESE PRESENTS, That we, Tommy Klein Construction, Inc_ as Principal hereinafter called the Principal, and U.S. Specialty Insurance Company, a corporation created and existing under the laws of the State of TX whose principal office is in Houston, TX as Surety, hereinafter called the Surety, are held and firmly bound unto City of Lubbock as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid Dollars (5% GAB) for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents Whereas, the Principal has submitted a bid for LPSIA Roadway/Gateway Sign Replacement NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 11th day of August, 2022 Tommy KICih Construction, Inc. ` (Principal) . By - Y igEAL)_- (Surety) By (SEAL) Jeremy Barnett, Attorney -in -fact Ilp1i Q !A If TOKIOMARINE ,<L HCC - .._.. - _ - - POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY -- UNITED STATUS SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Johnny Moss, Jay Jordan, Tony Fierro, Jeremy Barnett, Jade Porter, Mistie Beck, Robert G. Kanuth or Jarrett Willson of Rockwall, Texas its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ******Ten Million****** Dollars ( *"*10,000,000.00*** ). This Power of Attorney shall expire without further action on January 31s', 2024. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages andtor final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 231 day of September, 2021. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY State of California �Y' County of Los Angelesyoh` • By: Daniel P. Aguilar, Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this 23rd day of September, 2021, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 0. U-11F1ELQ WITNESS my hand aA;offiI seal. rotary aubiic _ caitrorrrta - Las MjOWf County 1!—Mivron # 2320307 My Lemrn. UPV26 Jan 31, 2024 Signature (seal) I, Kio Lo, Assistant Secretary o American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereo I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this day of Corporate Seals,ti ncFazQ� $�rr�I ��s auRR�sw� s 5 ,, 4•b #� f �6� �@ 3 C- Bond No. NIA Agency No. 17042 Kio Lo, Assi Secretary InFW l 9�i�Mo• �'hnu�xlll+„o"�` ,*„ HCCSMANPOAD912021 visit iinr rz comisumty for more information Contractors Statement of Qualifications Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER. In evaluating a firm's qualifications, the following major factors will be considered: A. FINANCIAL CAPABILITY: For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the CONTRACTOR'S ability to secure bonding satisfactory to the OWNER. B. EXPERIENCE: Do the organization and key personnel have appropriate technical experience on similar projects? C. SAFETY: Does the organization stress and support safety as an important function of the work process`? D. QUALITY OF WORK: (1) Does the organization have a commitment to quality in every facet of their work - the process as well as the product? (2) Does the organization have a written quality philosophy and/or principles that exemplifies their work? If so, submit as Attachment "A". (3) Has this organization ever received an award or been recognized for doing "quality" work on a project? If so, give details under Attachment "A". E. CONFORMANCE TO CONTRACT DOCUMENTS: (1) Does the organization have a commitment and philosophy to construct projects as designed and as defined in the Contract Documents? The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to require the submission of additional information. The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non- responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm. Material misstatements on the qualifications forms may be grounds for rejection of the firm's bid on this project. Any such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Complete the following information for your organization: Contractor's General Information Contractor's Organizational Experience Organization Doing Business As Business Address of Regional Office Name of Regional Office Manager Telephone Numbers Tommy Klein Construction, Inc. 7312 Upland Avenue Lubbock, Texas 79424 Karen Klein Main Number Fax Number 806-438-8777 806-797-2959 Web Site Address www.tkleinconst.com Organ List of names that this organization currently, has or anticipates operating under over the history of the organization, including the names of related companies presently doing business: Names of Organization From Date To Date Tommy Klein Construction 01-01-1986 11-16-1998 Tommy Klein Construction, Inc. 11-16-1998 To present List of companies, firms or organizations that own any part of the organization. Name of companies, firms or organization Percent Ownership Construction Years experience in projects similar to the proposed project: As a General Contractor 36 As a Joint Venture Partner Has this or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? No If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization been released from a bid or proposal in the past ten ears? No If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever been disqualification as a bidder or proposer by any local, state, or federal agency within the last five ears? No If yes provide full details in a separate attachment. See attachment No. Is this organization or your proposed surety currently in any litigation or contemplating litigation? No If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever refused to construct or refused to provide materials defined in the contract documents? No If yes provide full details in a separate attachment. See attachment No. II Contractor's Proposed Key Personnel Organization Doing Business As Tommy Klein Construction, Inc. Proposed Project Organization Provide a brief description of the managerial structure of the organization and illustrate with an organizational cart. Include the title and names of key personnel_ include this chart at an attachment to this description. See attachment No. 1 Tommy Klein is general manager of all projects. Tommy also acts as project manager for certain projects. Shad Hartman is our estimator. Jonathan Klein and Shad Hartman serve as project managers. Eddie Klein, Julie Fletcher, Jeremy Klein, Craig Wallace and Chris VanDeValde serve as project superintendents. Karen Klein is general office Manager and chief financial officer. Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational cart_ Include the title and names of proposed key personnel and alternates. Include this chart at an attachment to this description. See attachment No.2 Shad Hartman is project manager. Shad Hartman will also serve as project superintendent on this project. Alternately, Alternately, Tommy Klein will serve as project manager and project superintendent. All employees are responsible for Safety and Quality Control. On this project, the individual designated for Safety is Shad Hartman with Tommy Klein as alternate. Shad Hartman is designated in charge of Quality Control, with Tommy Klein designated as alternate. sof Key Personnel Provide information on the key personnel proposed for this project that will provide the following key functions. Provide information for candidates for each of these positions on the pages for each of these key personnel. Also provide biographical information for each primary and alternate candidate as an attachment. The biographical in Formation must include the following as a minimum: technical experience, managerial experience, education and formal training, work history which describes project experience, including the roles and responsibilities for each assignment, and primary language. Additional information highlighting experience which makes them the best candidate for the ass.i meat should also be included. Role Primary Candidate Alternate Candidate Project Manager Shad Hartman Tommy Klein Project Superintendent Shad Hartman Tommy Klein Project Safety Officer Shad Hartman Tommy Klein Quality Control Manager Shad Hartman Tommy Klein If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this project, indicate how time it to be divided between this project and their other assignments. 12 Project Manager Quality Control Safety Jonathan Klein Project On -Site Manager Quality Control Safety Eddie Klein Tommy Klein Construction, Inc.l All Employees General Project Manager Quality Control Safety Tommy Klein General Office Manager Chief Financial Officer Estimator/Project Manager Safety Officer/Quality Control Shad Hartman Project On -Site Manager Quality Control Safety Chris VanDeValde Project On -Site Manager Quality Control Safety Craig Wallace Karen Klein Project On -Site Manager Quality Control. Safety Julie Fletcher Project On -Site Manager Quality Control Safety Jeremy Klein Master Carpenter Quality Control Safety Jerry Lafuente Carpentry Laborer Quality Control Safety Zack Soto lk --- Tommy Klein Construction, Inc ITB22-16680-TF LBB Roadway/Gateway Sign Replacement Proi e c t Manager Quality Control Safety Shad Hartman Management Team Alternate Project Manager Quality Control Safety Tommy Klein Proposed Project Managers Organization Doing Business As Priimry Candidate Name of Individual Tommy Klein Construction, Inc. Shad Hartman Years of Experience as Project Manager 16 Years of Experience with this organization Number of similar projects as Project Manager 12 500+ Number of similar projects in other positions 200+ Current Project Assignments - Office Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Project Manager 50% Reference Contact Information(listing names indicates approval to contactingthe names individuals as a reference Name Kevin Cockell Name Byron Hannabas Title/ Position PrAect Coordinator Title/ Position Facilities Project Manager III Organization Lubbock Independent School District Organization Texas Tech University Health Science Center Telephone 806-766-I457 Telephone 806-743-2952 E-mail kcockrell lubbockisd.or E-mail Byron hannabasttuhse.edu Project Kitchen Renovation at Hardwick Project Odessa Backfull Candidate role on Project Alternate Candidate Name of Individual project Manager/Superintendent Candidates role project Manager on Project Tommy Klein Years of Experience as Project Manager 31 Years of Experience with this organization 36 Number of similar projects as Project Manager 750+ Number of similar projects in other positions 500+ Current Project Assignments - Office Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Project Manager 50% Name Rod Cottrell Name Haldo Rodriguez -Lopez Title/ Position Facilities Director Title/ Position Operations Division Organization Morton Independent School District Organization Texas Tech University Telephone 325-207-4424 Telephone 806-834-3908 E-mail Rod.cottrell mortonisd.net E-mail Haldo.rodru uez-lo ez tta.edu Project Morton Fieldhouse & CTE Project Reese GLEAMM Micro -Grid Candidate role on Project Project Manager/Superintendent Candidate role j on Project project Manager/Superintendent 13 Proposed Project Superintendent Organization Doing Business As Primary Candidate Name of Individual Years of Experience as Project Superintendent Tommy Klein Construction, Inc. Shad Hartman (See Project Manager) Years of Experience with this organization Number of similar projects as Superintendent Number of similar projects in other positions Current Project Assignments City of Lubbock Water & Street Dept. Renovations Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Project Superintendent Reference Contact Information (listing names indicates a royal to contact' the names individuals as a reference) Name Name Title/ Position Title/ Position Organization Or anization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Alternate Candidate Name of Individual Candidate role on Project Tommy Klein (See Project Manager Alternate) Years of Experience as Project Superintendent Years of Experience with this organization Number of similar projects as Superintendent Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Project Manager Marketing Name Name BOMA Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project 14 Proposed Project Safety Officer Organization Doing Business As PrirnaiT Candidate Name of Individual Shad Hartman (see Project Manager) Years of Experience as Project Safety Officer Years of Experience with this organization Number of similar projects as Safety Officer Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Estimator ongoing Reference Contact Information (listing names indicates a royal to con tactin the names individuals as a reference Name Kevin Cockrell Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail kcockrell lubbockisd.or E-mail Project Srnylie Wilson Restroom Renovations Project Candidate role on Project Manager/Project Superintendent Project Safety Manager Alternate Carididate Name of Individual Candidate role on Project See Project Manager (Alternate) Tommy Klein (see Project Manager alternate) Years of Experience as Project Safety Officer Years of Experience with this organization Number of similar projects as Safety Officer Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Date -Completion Nance r •IN Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project 15 Contractor's Project Experience and Resources Organization Doing Business As Tommy Klein Construction, Inc. Provide a list of major projects that are currently underway, or have been completed within the last ten years on Attachment A Provide a completed Project Information form (Attachment B) for projects that have been completed in the last five ears which specifically illustrate the organizations capability to provide best value to the Owner for this project. Include a completed Project Information form (Attachment B) for projects which illustrate the experience of the propased key personnel. Provide a description of your organizations approach to completing this project to provide best value for the Owner. Including a description of your approach in the following areas: l . Contract administration 2. Management of subcontractor and suppliers 3. Time management 4. Cost control 5. Quality management 6. Project site safety 7. Managing changes to the project & Managing equipment 9. Meeting HUB 1 MWBE Participation Goal Equipment Provide a list of major equipment ro osed for use on this project. Attach Additional Information if necessary Equipment Item Primary Use on Project Own Wiill Buy Lease Divisioll of Work between Organization and Subcontractor What work will the or auization complete using its own resources? Project Management Project Supervision What work does the organization propose to subcontract on thisproject? 5ignage and Painting 17 Contractor's Subcontractors and Vendors Organization Doing Business As Provide a list of subcontractors that will provide more than 10 percent of the work {based on contract amounts Name l 55 1r- Work to be Provided Est. Percent of Contract HUB/MWBE Firm �� �r• 'Sti Provide information on the proposed key personnel, project experience and a description of past relationship and work experience for each subcontractor listed above using the Project Information Forms. Equipment Vendors 7 Provide a list of major equipment ro osed for use on this project. Attach Additional Information if necessary Vendor Name Equipment / Material Provided Furnish Only Furnish and Install HUBIM WBE Firm 10 Attachment A Current Projects and Project Completed within the last 10 Years Project Owner I Texas Tech University Health Science Center Project Name I Student Services 2C400 Offices General Description of Project: Restroom Renovations Project Cost $ 279,991.00 Date Project Completed 08/05/2022 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Shad Hartman Julie Fletcher Shad Hartman Julie Fletcher Reference Contact Information (listing -names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner TTUHSC Designer Construction Manager Albert Urista Project Manager Purchasing 806-743-2952 Albert.urista@ttu.edu Project Owner Project Name Patterson Library General Description of Project: Project Cost $ 340,447.00 Date Project Completed 07/17/2017 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Tommy Klein Shad Hartman Tommy Klein Shad Hartman Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Texas Tech University Designer Construction Manager Wes Everett Project Manager TTU Operations 806-775-2275 weverett@mylubbock.us Project Owner Lubbock Independent School District Project Name I Mackenzie Middle School Hardening General Description of Project: Remodel existing restrooms to bring them up to ADA standards Project Cost $ 555,527.00 Date Project Completed 12/01/2020 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Shad Hartman Eddie Klein Shad Hartman Eddie Klein Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner LISD Designer Construction Manager Kevin Cockrell Project Manager Purchasing 806-766-1457 kcockrell@lubbockisd.org 19 Attachment A Current Projects and Project Completed within the last 10 Years Project Owner Texas Tech University Project Name Reese GLEAMM Microgrid General Description of Project: Project Cost $ 938,120 Date Project Completed 11/19/2018 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Tommy Klein Tommy Klein Tommy Klein Tammy Klein Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner TTU Designer Construction Manager Haldo Rodriguez Engineer Operations Division 806-834-4869 Haldo.rodriquez- lo ez ttu.edu Project Owner Morton Independent School District Project Name Morton High School Renovations General Description of Project: Project Cost $ 631,167 Date Project Completed 12/14/2020 Key Project Personnel Name Project Manager ITommy Klein Project Superintendent Tommy Klein Safety Officer Tommy Klein Quality Control Manager Tommy Klein Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner MISD Designer Construction Manager Rod Cottrell Project Manager MISD 325-207-4424 Rod.cottrell@mortonisd.net Project Owner I Morton Independent School District Project Name I Morton Fieldhouse & CTE General Description of Project: Project Cost $ 1,502,055 Date Project Completed 02/28/2022 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Tommy Klein Tommy Klein Tommy Klein Tommy Klein Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner - MISD Designer Construction Manager Rod Cottrell Project Manager MISD 325-207-4424 Rod.cottrell@,mortonisd.net 19 Attachment A Current Projects and Project Completed within the last 10 Years Project Owner City of Lubbock Project Name I Mae Simmons Senior Center General Description of Project Renovations Project Cost $ 257,498 I Date Project Completed 03//2016 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Tommy Klein Eddie Klein Tommy Klein Eddie Klein Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner City of Lubbock Designer Construction Manager Rodney Unrein Project Manager City of Lubbock 806-775-2207 runrein@mylubbock us Project Owner I University Medical Center Project Name UMC Sterile Processing Department Renovation General Description of Project: Renovation Project Cost 182,763 Date Project Completed 05/31/2016 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Shad Hartman Craig Wallace Shad Hartman Craig Wallace Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner University Medical Center Designer Construction Manager Jeff Vitale Project Manager University Medical Center 806-775-9307 Jeff.vitale@umchealthsystem.com Project Owner I University Medical Center Project Name I 11MC Monument Sign General Description of Project: Project Cost $ 154,463 Date Project Completed 05/31/2015 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Shad Hartman I Craig Wallace Shad Hartman Craig Wallace Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner University Medical Center Designer Construction Manager Jeff Vitale Project Manager University Medical Center 806-775-9307 Jeffvitale@umchealtbsystem.com 19 Attachment A Current Projects and Project Completed within the last 10'Years Project Owner City of Lubbock Project Name I Renovate Entrance at Mahon Library General Description of Project: Renovate front entrance to Mahon Library Project Cost $ 76,463 Date Project Completed In progress Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager LName Tommy Klein Eddie Klein Tommy Klein Eddie Klein 1 nererence Contact information vist►ng names maicates approval to contactins the names individuals as a reference) I Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Rodney Unrein Project Manager City of Lubbock 806-775-2207 run rein gmylubbock. us Project Owner City of Lubbock HR Office Remodel Project Name HR Office Remodel venerai Descriptton or rrolect: Project Cost $17,589 Date Project Completed 01/08/2014 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Tommy Klein Shad Hartman Tommy Klein Shad Hartman Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Rodney Unrein Project Manager City of Lubbock 806-834-5512 runrein@mylubbock us Project Owner City of Lubbock Project Name Police Property Room General Description of Project: Fire alarm system, vent hood and floor repair Project Cost $ 42,434 D ate Project Completed 11/25/2013 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Shad Hartman Cory McElwee Shad Hartman Cory McElwee Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Owner Name City of Lubbock Title/ Position Organization Telephone E-mail Designer Construction Manager Rodney Unrein Project Manager City of Lubbock 806-775-2207 run rein @mylu bbocL 19 Attachment A Current Projects and Project Completed within the last 10 Years Project Owner I Texas Tech University System f Project Name I Murdough Shower/Toilet Renovations General Description of Project: Shower/Toilet Renovations Project Cost $ 1,593,160.00 Date Project Completed 1 08/08/2014 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Tommy Klein Jonathan Klein Tommy Klein Jonathan Klein Reference Contact .Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Darren Densford Engineer TTU Operations Division 806-834-4791 Dar ren.densford@ttu.edu Project Owner City of Lubbock Project Name I City of Lubbock Water & Streets Administration & Streets Dept. General Description of Project: Office Remodel, New Restrooms Project Cost 795,144 Date Project Completed 08/05/2015 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Shad Hartman Eddie Klein Shad Hartman Eddie Klein Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner City of Lubbock Designer Construction Manager Rodney Unrein Project Manager City of Lubbock 806-775-2207 runrein@mylubhock.us Project Owner I Texas Tech University System Project Name I Weeks Hall CVPA Costume Relocation General Description of Project: Project Cost S 720,203 Date Project Completed 15 Key Project Personnel Project Manager Project 5 ent Safety Officer Quality Control Manager Name Jonathan K raig Wallace Jonathan Klein Craig Wallace Reference Contact Information (listing names indicates approval to cunt names individuals as a reference) Name osition Organization Telephone E-mail Owner Texas Te rsity Designer ion Manager Darren Densford Engineer TTU Operations Division 806-834-4791 Darren.densford@ttu.edu 19 Attachment A Current Projects and Project Completed within the last 10 Years Project Owner Texas Tech University System Project Name Clement Hall-Shower/Toilet Renovations General Description of Project: Asbestos Abatement/Shower/Toilet Renovations Project Cost S 1,350,144.00 Date Project Completed 08-19-201.3 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Shad Hartman Jonathan Klein Shad Hartman Shad Hartman Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Darren Densford Engineer TTU Operations Division 806-834-4791 Darren.densford@ttu.edu Project Owner Texas Tech University Project Name I Hulen Hall-Shower/Toilet Renovations General Description of Project:Asbestos Abatement/Shower/Toilet Renovations Project Cost S 1,114,787.00 Date Project Completed 08-19-201.3 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Shad Hartman Cory McElwee Shad Hartman Shad Hartman Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Darren Densford Engineer TTU Operations Division 806-834-4791 Darren.densford@ttu.edu Project Owner I Texas Tech University System Project Name Wiggins Hall University Student Housing Office Remodel General Description of Project: Project Cost S 1,354,551.00 Date Project Completed 08-21-2013 Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Tommy Klein Jonathan Klein Shad Hartman Tommy Klein Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Texas Tech University Designer Stephanie Laughlin Sr. Interior Designer TTU — Student Housing 806-834-1231 Stephanie.laughlin@ttu.edu Construction Manager David Bradshaw Engineer TTU Operations Division 806-834-2239 David.bradshaw@ttu.edu 19 Project Information Project Owner I Morton Independent School District Project Name Morton High School Renovations General Description of Project Renovation of Morton High School ' Cd Schedule. ak; Budget History Schedule Performance Amount % of Bid Amount Date Days Bid $ 694,321.00 Notice to Proceed Change Orders $-83,154.48 12% Contract Substantial Completion Date at Notice to Proceed 06-29-2020 Owner Enhancements Negotiated to lower Contract Final Completion Date at Notice to Proceed 10-27-2020 rice Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date Final Cost S 631,166.52 Actual / Estimated Final Completion Date 10-27-2020 Key Project e Project Manager Project Sup Safety Officer Quality Control Manager Name Tommy Klein Tommy Klein Tommy Klein Tommy Klein Percentage of Time Devoted to the Project 50% 50% 100% 100% Proposed for this Project 50% 50% 100% 100% Did Individual Start and Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for change. Reference Contact Information (tisting names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Morton ISD Designer Construction Manager Rod Cottrell Project Manager Rod.cottrell@mortonisd.net Sure Issues / Disputes Resolved or Pending Resolution by Arbitration Litigat on or Dispute Review Boards Number of Issues Total Amount involved in NIA N/� Number of Issues Total Amount involved in NIA NIA Resolved Resolved Issues Pendin Resolved Issues 16 Project Information Project Owner City of Lubbock Project Name Patterson Library Renovations General Description of Project Renovations Budget History Schedule Performance Amount % of Amount Bid Date Days Bid 307,587 Notice to Proceed 05-19-2017 Change Orders Contract Substantial Completion Date at Notice to Proceed 0-30-2017 Owner Enhancements Contract Final Completion Date at Notice to Proceed 07-07-2017 Unforeseen Conditions 32,860 10 % Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date 06-30-2017 Final Cost 340,447 Actual / Estimated Final Completion Date 07-07-2017 ProjectKey Project Manager Project Sup Safety Officer Quality Control Manager Name Tommy Klein Shad Hartman Tommy Klein Shad Hartman Percentage of Time Devoted to the Project 100% 100% 100% 100% Proposed for this Project Tommy Klein Shad Hartman Tommy Klein Shad Hartman Did Individual Start and Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for change. Name Title/ Position Organization Telephone E-mail Owner City of Lubbock Designer Construction Manager \f eS E,vecak� Project Manager Purchasing Sure rr.NJ=0MffffZ Number of Issues N/A Total Amount involved in NIA Number of Issues Total Amount involved in Resolved Resolved Issues NIA PendingResolved Issues NIA 16 Project Information Project Owner ITexas Tech University System Project Name Clement IIaA-Shower/Toilet Renovations General Description of Project Asbestos Abatement, Shower/Toilet Renovations ProjectBudget and Schedule Performance Budget History Schedule Performance Amount % of Bid Amount Date Days Bid 1,363,188.00 Notice to Proceed 05-20-2013 Change Orders-13,044.00 Contract Substantiai Completion Date at Notice to Proceed 08-02-2013 Owner Enhancements Contract Final Completion Date at Notice to Proceed 08-12-2013 Unforeseen Conditions Asbestos Abatement Change Order Authorized Substantial Completion Date 08-09-2013 Design Issues Change Order Authorized Final Completion Date 08-19-2013 Total Actual / Estimated Substantial Completion Date 08-09-2013 Final Cost LJ 1,350,144.00 Actual / Estimated Final Completion Date 08-19-2013 Key Project Personnel Project Manager Project Sup Safety Officer Quality Control Manager Name Shad Hartman Jonathan Klein Shad Hartman Jonathan Klein Percentage of Time Devoted to the Project 50% 100% 100% 100% Proposed for this Project 50% 100% 100% 100% Did Individual Start and Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for change. Reference Name Title/ Position Organization Telephone E-mail Owner Texas Tech University Designer Construction Manager Darren Densford Engineer g TTU—Operations Division 806-834-4791 Darren.densford@ttu.edu Sure Suretec •14 M Number of Issues Total Amount involved in N�`� NIA Number of Issues N/A Total Amount involved in Resolved Resolved Issues - I Pending Resolved Issues N/A ire 11'roiect Information Project Owner I City of Lubbock Project Name Water & Street Department Renovations at Municipal Hill General Description of.Project Sitework, concrete, masonry, metal, wood & plastics, thermal moisture protection, doors and windows, finish specialties, furnishings, mechanical, eletrical Budget History Schedule Performance Amount % of Bid Amount Date Days Bid 692,463.00 Notice to Proceed 01-08-2015 Change Orders Contract Substantial Completion Date at Notice to Proceed 07-08-2015 Owner Enhancements 52,891.00 6% Contract Final Completion Date at Notice to Proceed 07-18-2015 Unforeseen Conditions 45,669.00 5% Change Order Authorized Substantial Completion Date Design Issues 4,121.00 l % Change Order Authorized Final Completion .Date Total Actual / Estimated Substantial Completion Date 08-05-2015 Final Cost 795,144.00 Actual / Estimated Final Completion Date 08-15-2015 Project Manager Project Sup Safety Officer Quality Control Manager Name Shad Hartman Eddie Klein ,Shad Hartman Eddie Klein Percentage of Time Devoted to the Project 100% 100% 1001VO 100% Proposed for this Project Shad Hartman Eddie Klein Shad Hartman Eddie Klein Did Individual Start and Complete the .Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for change, Name Title/ Position Organization Telephone E-mail Owner City of Lubbock Designer Construction Manager Rodney Unrein Project Manager City of Lubbock 806-775-2207 runrein a)mylubbock.us Surety Number of Issues Resolved Total Arnount involved in Resolved Issues Number of Issues I Pending N/A I Total Amount involved in Resolved Issues N/A J6 Proiect Information Project Owner Lubbock Independent School District Project Name McWhorter General Description of Project Restroom Renovations Budget History Schedule Performance Amount % of Bid Amount Date Days Bid 172,349 Notice to Proceed 06-01-2015 Change Orders Contract Substantial Completion Date at Notice to Proceed 08-01-2015 Owner Enhancements Contract Final Completion Date at Notice to Proceed 08-08-2015 Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual I Estimated Substantial Completion Date 08-01-2015 Final Cost 172,349 Actual 1 Estimated Final Completion Date 08-08-2015 Project Manager Project Sup Safety Officer Quality Control Manager Name Shad Hartman Shad Hartman Shad Hartman Shad Hartman Percentage of Time Devoted to the Project 100% 100% 100% 100% Proposed for this Project Shad Hartman i Shad Hartman Shad Hartman Shad Hartman Did Individual Start and Complete the Project? Yes Yes Yes Yes If not, who started or completed the project in their place. Reason for change. Name Title/ Position Organizatimi Telephone x' E-mail Owner Lubbock Independent School District Designer Construction Manager Kevin Cockrell Project Manager Purchasing 806-766-1457 keockreil@lubbockisd.org Surety ..PAR 11,Jn or Dispute Number of Issues NSA Total Amount involved in -NIA Resolved Resolved Issues Review. ards Number of Issues N/A Total Amount involved in NIA Pending Resolved Issues 16 1& 1. Contract Administration Upon being awarded a contract, we meet with subcontractors to go over their portion of the work, sign subcontracts and verify their required paperwork is on file, such as w-9's, certificates of insurances, etc. Once the notice to proceed is issued, we begin ordering materials and compiling any submittals, safety and material data required. A list of all subcontractors' contact numbers are distributed to all parties involved in the project. Based on subcontractor's bids, a schedule of values is compiled and given to the owner. The office manager generates pay requests on AIA Documents, according to specifications. All required Davis -Bacon reports are kept on file at our office. Attention is given to respond quickly to any requests from owners. We strive to have no punch list items, even on large projects. Once the owner and contractor have inspected and accepted the project, all close-out documents are completed in a timely manner. 2. Management of Subcontractors and Suppliers We expect and demand high quality workmanship from our subcontractors. In fact, we are driven to excel because of our high expectations. Quality is achieved by working with subcontractors who share our high standards of excellence. Our project manager meets with subcontractors to go over the construction schedule. Work begins upon our notice to proceed. Required paperwork, shop drawings and submittals are checked and delivered. Materials are ordered, subcontractors are scheduled and supervised. We believe that our experience and ability to communicate our expectations, along with using the best subcontractors in the area, accounts for the successful completion of all our projects. Subcontractors continue to work with us because our projects run smoothly. We all work well together and share the same high expectations. Subcontractors are paid promptly within 5 days of receipt of payment from the owner. Another characteristic important to the smooth flow of any project is the quality of supervision. Quality supervision equals quality workmanship. Our supervision is done by individuals that know construction and know it well_ Superintendents insure that subcontractors are scheduled properly, materials are ordered in the right quantity, work is done according to plans and specifications and the finished product is of the highest quality. Please see the following page for subcontractor prequalification. 3. Time Management IR Scheduling is one of the most important aspects in delivering a project in a timely manner. It is one of our greatest strengths. Having been in business in Lubbock for 35 years, we have worked with and know many subcontractors of all trades in the area. In order to maintain our schedule, we have weekly progress meetings with owners and subcontractors. Because our company continually delivers high quality projects, on time, owners are pleased with the final product. Another characteristic important to the smooth flow of any project is the quality of supervision. Quality supervision equals quality workmanship. Our supervision is done by individuals that know construction and know it well. Superintendents insure that subcontractors are scheduled properly, materials are ordered in the right quantity, work is done according to plans and specifications and the finished product is of the highest quality. 4. Cost Control Fifty years of experience gives us an edge in knowing the cost involved in a project. Should the project involve owner enhancements, unforeseen conditions or design issues, we work with the owner to find the best solution at the lowest cost to the owner. Tommy is ingenious with coming up with solutions to construction problems, which is of great benefit to owners. 5. Quality Assurance/Quality Control Program Quality control is the focus of our company. Defects or failures in constructed facilities can result in very large costs. Even with minor defects, re -construction may be required and facility operations impaired. Increased costs and delays are the result. We believe that good project managers ensure the job is done right the first time. The most important decisions regarding the quality of a completed facility begins during the design and planning stages. It is important that we conform to the original design and planning decisions, unless unforeseen circumstances, incorrect design decisions or changes desired by an owner in the facility function may require re-evaluation of design decisions during the course of construction. Quality control is a primary objective for all the members of our team. Managers take responsibility for maintaining and improving quality control. Most important of all, quality improvement means improved productivity and cost efficiency. Day to day surveillance of work and documentation of deficiencies result in corrective actions in order to avoid serious problems. As we are working cooperatively with subcontractors, their compliance to quality control is essential. All parties involved have the responsibility to be diligent in delivering the highest quality product possible. Compliance issues are dealt with immediately, circumventing delays on projects_ If clients see a problem with quality, subcontractors will remedy the problem, to the satisfaction of the client. In working with clients previously, we have been able to avert potential problems in making detailed planning decisions with owners before work begins. For example, in the summer of 2011, our company completed the remodel of fourteen laundry rooms for Texas Tech University Housing. In the planning phase, we were given an incomplete design to replace millwork and sinks. Together, the owner's representative and our company designed a project that covered exposed plumbing pipes by incorporating access panels to the plumbing. The project was designed to give better access and functionality to students, while also providing a pleasant environment for them. The owners were pleased with the finished laundry rooms. Partnering with the client before work even began, resulted in the delivery of a project that met the high standards we expect on all our projects. lk 6. Project Site Safety Tommy Klein Construction, Inc. SAFETY AND HEALTH PROGRAM Tommy Klein Construction, Inc. commits the necessary resources of staff, money, and time to ensure that all persons on the worksite are protected from injury and illness hazards. In addition, the company visibly leads in the design, implementation, and continuous improvement of the site's safety and health activities. Specifically, the highest level management establishes and reviews annually the site's safety and health policy and ensures that all employees know, understand, and support that policy. The company ensures that all visitors to the site, including contract and temporary labor, vendors, and sales people, have knowledge of site hazards applicable to them and how to protect themselves against those hazards, including emergency alarms and procedures. Management also ensures that these visitors do not introduce to the site hazards that can be prevented or that are not properly controlled. Shad Hartman, Safety Manager, is OSHA certified. The company complies with all OSHA Standards for the Construction Industry (29 CFR 1926) Subcontractors will be held to the same standards of OSHA compliance. Safety depends largely on education, vigilance and cooperation during the construction process. All workers should be constantly alert to the possibility of accidents and avoid taking unnecessary risks. Superintendents, as well as Project Managers are responsible for site management. Each week, at the beginning of work on Monday morning, the entire worksite shall be inspected. All hazards found, will be documented in writing, including their location. The superintendent assigns appropriate persons responsible for seeing that the hazard is corrected and documenting the date of the correction. Any near miss, first aid incident, or accident is investigated. All investigations have as a goal the identification of the root cause of the accident, rather than assigning blame. After the investigation, management will assign responsibility to appropriate employees for correcting any hazards found and for assigning a date by which the correction must be completed. Management and employees work together to analyze safety and health hazards inherent in each job site and to find means to eliminate those hazards whenever possible, and otherwise to protect persons against those hazards. These job hazard analyses (JHAs) are revised as appropriate, for example, following a change in the job, the reappearance of a hazard, or an accident at this job. All employees at this site are trained to recognize hazards and to report any hazard they find to the appropriate person so that the hazard can be corrected as soon as possible_ In addition to taking immediate action to report a hazard orally and to provide interim protection, if necessary, including stopping the work causing the hazard, employees may submit a safety work order to the management, or they may submit a safety suggestion form. Safety work orders take priority over any other work order. Safety suggestions will be considered each week during the site inspection by the site inspection team. All employee reports of hazards must be eventually written, with the correction date recorded. As part of the annual safety and health program evaluation, management and employees will review all near misses, first aid incidents, and entries on the OSHA 300 Log, as well as employee reports of hazards, to determine if any pattern exists that can be addressed. The results of this analysis are considered in setting the goal, objectives, and action plans for the next year. Hazard Prevention and Control Management ensures that the this priority is followed to protect persons at this site: (1) Hazards will be eliminated when economically feasible, such as replacing a more hazardous chemical with a less hazardous one; (2) Barriers will protect persons from the hazard, such as machine guards and personal protective equipment (PPE); (3) Exposure to hazards will be controlled through administrative procedures, such as more frequent breaks and job rotation. Management ensures that the worksite and all machinery is cared for properly so that the environment remains safe and healthy. tf maintenance needs exceed the capability of the worksite employees, contract employees are hired to do the work and are screened and supervised to ensure they work according to the site's safety and health procedures All employees, including all levels of management, are held accountable for obeying site safety and health rules. The following four step disciplinary policy will be applied to everyone by the appropriate level of supervisor: 1) oral warning 2) written reprimand 3) three day's away from work 4) dismissal. Visitors, including contractors who violate safety and health rules and procedures, will be escorted from the site. Should the disciplined person request a review of the disciplinary action, an ad hoc committee of three people, one project manager and two salaried workers, chosen by their respective colleagues, will review the situation and make a recommendation to the owner, who reserves the right for final decision. if his decision differs from the committee, he may, within confidentially strictures, make public his reasons. Persons needing emergency care are transported by company vehicle or community ambulance to the hospital, located five miles from the site. Usually that trip can be made in less than ten minutes. Onsite during all shifts designated persons fully trained in cardiac pulmonary resuscitation (CPR), first aid, and the requirements of OSHA's Bloodborne Pathogen Standard, are the first responders to any emergency. These persons are trained by qualified Red Cross instructors. One of these designated persons' safety and health responsibilities is to ensure that first aid kits are stocked and readily accessible in the marked locations on the jobsite and at the office/warehouse. Appropriate personal protective equipment (PPE) is provided for the different types of accidents possible at the site. Training Management believes that employee involvement in the site's safety and health program can only be successful when everyone on the site receives sufficient training to understand what their safety and health responsibilities and opportunities are and how to fulfill them. Therefore, training is a high priority to ensure a safe and healthy workplace. Shad Hartman will provide training to employees. The following training will be required of employees. Each employee is responsible for ensuring that he/she masters the year's training topics. Training will take place quarterly. General Safety and Health Provisions Occupational Health and Environmental Controls Personal Protective and Life Saving Equipment Fire Protection and Prevention Signs, Signals and Barricades Materials Handling, Storage, Use and Disposal Tools — Hand and Power Scaffolds Fall Protection 2 7. Managing Changes to the Project All requests for changes will be worked through with the owner to give the best solution at the lowest cost to the owner. We believe that we partner with owners on all our projects. We share the desire to have a project that is completed with quality, that is on schedule, and with a minimal amount of changes to the project. If changes are necessary, we follow the listed methods in the specifications for this project. 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 to the firm actually performing the work, and additional higher -tier markups Iimited to 5% to cover additional overhead and insurance costs; 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, as estimated by the Engineer and approved by the Owner. No extra work will be performed unless ordered in writing by Owner's Representative. Written request is made to the Owner's Representative for a written order authorizing such extra work. 8. Managing Equipment Tommy Klein Construction, Inc_ owns equipment and machinery that may be needed to complete work for owners, on jobsites. This equipment includes scissor lifts, a boom lift, and scaffolding for drywall work. Tommy Klein Construction owns a 30' job trailer for use as office area and storage if required on site. A Wells Fargo enclosed trailer is used for moving furniture or other items if needed. Flat bed utility trailers, a 35' goose neck trailer and a 15 yd. dump trailer, are utilized as needed on projects. 2 9. Meeting HUBIMWBE Participation Goal Tommy Klein Construction, Inc. has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB. If a HUB subcontractor gives us best -value for owners, we would be happy to use their services. Tommy Klein Construction, Inc. has used the CMBL to search for HUBS many times, as we have bid projects for government entities. We will make our best effort to help agencies meet their goals. Ill Completed Projects 1. Texas Tech University Original Contract Amt: $ 868,212 Tech Plaza — Skyviews Renovation Final Contract Amt: $ 1,068,632 Jodie Ellis — 806-834-2123 Original Completion: 10/15/2020 Jodie.ellis(@ttu.edu Final Completion: 12/22/2020 2. Texas Tech University Original Contract Amt: $ 1,199,066 Sneed Hall Restroom Renovations Final Contract Amt: $ 1,153,055 Michael L. Smith — 806-834-2123 Original Completion: 06/10/2021 m.l.smith(@ttu.edu Final Completion: 08 05 2021 3. Lubbock Independent School District Original Contract Amt: $ 395,000 Collaborative Learning Area — Willie Final Contract Amt: $ 388,158 McCool Academy Original Completion: N/A Rob Nanz — 806-219-0224 Final Completion: 01/20/2020 Robert.nanz lubbock.or 4. Lubbock Independent School District Original Contract Amt: $ 616,242 Hardening at Coronado and Willie Final Contract Amt. $ 565,918 McCool Academy Original Completion: N/A Rob Nanz — 806-219-0224 Final Completion: 01/20/2021 Robert.nanz(@Iubbockisd.org 5. Lubbock Independent School District Original Contract Amt: $ 1,569,000 Hardening at Atkins, Rayless, Hodges Final Contract Amt: $ 1,489,630 McWhorter, Lomax and REACH, Hard Bid Original Completion: N/A Rob Nanz — 806-219-0224 Final Completion: 10/13/2020 Robert.nanz ckisd.orfz 6. Morton Independent School District Original Contract Amt: $ 694,321 High School Renovation, JOC Final Contract Amt: $ 631,167 Rod Cottrell— Original Completion: N/A Rod.cottrell@rnortonisd.net Final Completion: 12/14/2020 7. Texas Tech University Health Sc. Center Original Contract Amt: $ 792,574 Odessa Backfill, JOC Final Contract Amt: $ 968,002 Byron Hannabas — 806-743-2952 Original Completion: N/A B.yron.Hannabas@ttuhsc.edu Final Completion: 5 09/24/2020 8. Texas Tech University Health Sc. Center Original Contract Amt: $ 273,320 Odessa VAV, JOC Final Contract Amt: $ 404,988 Byron Hannabas — 806-743-2952 Original Completion: N/A Byron. Hanna bas(Pttuhsc.edu Final Completion: 09/24/2020 9. Region 17 Education Service Center Original Contract Amt: $ 108,005 Second Floor Office Renovations Final Contract Amt: $ 103,471 Wayne Blount - Original Completion: N/A wablount escl7.net Final Completion: 08 03 2020 10. Texas Tech University —JOC Original Contract Amt: $ 5,474,104 Agricultural Science —Research Greenhouse Final Contract Amt: $ 5,474,104 David Small — 806-834-5742 Original Completion: 12/06/2019 David.smallt@ttu.edu Final Completion: 02/28/2020 11. Texas Tech University — JOC Original Contact Amt: $ 579,977 Electrical Engineering Rm 126 Renovations Final Contract Amt.- $ 569,035 Jodie Ellis — 806-834-2123 Original Completion: 05/24/2019 Jodie.ellis@ttu.edu Final Completion: 06/28/2019 12. Lubbock Independent School Dist -Hard Bid Original Contract Amt: $ 304,486 Kitchen Renovation Hardwick Elementary Final Contract Amt: $ 223,278 Kevin Cockrell — 806-766-1457 Original Completion: 08/01/2019 kcockrellCcDlubbockisd.or Final Completion 08/05/2019 13. Texas Tech University —JOC Original Contract Amt. $ 576,364 Chitwood-Weymouth First Floor Lounge Final Contract Amt: $ 572,381 Jeff Sutherland — 806 834-2123 Original Completion: 08/22/2019 Jeff .sutherlandPttu.edu Final Completion: 08/11/2019 14. Texas Tech University-JOC Original Contract Amt: $ 911,535 Reese GLEAMM Micro -Grid Final Contract Amt: $ 938,120 Haldo Rodriquez -Lopez — 806-834-3908 Original Completion: 03/01/2019 Haldo.rodricluez-lopez@ttu.edu Final Completion: 11/19/2018 15. Texas Tech University - JOC Original Contract Amt: $ 993,998 Student Union — Remodel Chick-Fil-A Final Contract Amt: $ 1,136,378 Jeff Sutherland — 806-834-2123 Original Completion: 06/07/2018 Jeff.sutherlandPttu.edu Final Completion: 06/06/2018 16. Texas Tech University — JOC Original Contract Amt: $ 147,798 Agricultural Education 2"d Floor Restroom Final Contract Amt: $ 162,332 Renovations Jodie Ellis — 806-834-2123 Original Completion: 08/27/2018 Jodie.ellis@ttu.edu Final Completion: 09/27/2018 17. Texas Tech University — Hard Bid Original Contract Amt: $ 1,059,634 Bledsoe Hall Shower/Toilet Renovations Final Contract Amt: $ 1,258,250 Michael L. Smith — 806-834-2071 Original Completion: 08/27/2019 M.L.smith(@ttu.edu Final Completion: 08/27/2018 18. Texas Tech University — Hard Bid Original Contract Amt: $ 1,227,000 Horn Hall Shower/Toilet Renovations Final Contract Amt: $ 1,497,285 M.L. Smith — 806-834-2071 Original Completion: 08/01/2017 m.l.smith@ttu.edu Final Completion: 07/31/2017 19. City of Lubbock — Hard Bid Original Contract Amt: $ 307,587 Patterson Library Renovations Final Contract Amt: $ 340,447 Rodney Unrein — 806-775-2207 Original Completion: 07/07/2017 runrein@mylubbock.us Final Completion: 07/07/2017 20. Lubbock Independent School Dist. —Hard Bid Original Contract Amt: $ 281,144 Toilet Renovations — Bayless Elementary Final Contract Amt: $ 264,969 Kevin Cockrell — 806-766-1457 Original Completion: 08/14/2014 kcockrell@lubbockisd.org Final Completion: 08/14/2014 21. Texas Tech University —Hard Bid Original Contract Amt: $ 1,516,680 Knapp Hall Shower/Toilet Renovations Final Contract Amt.: $ 1,604,999 Darren Densford — 806-392-3509 Original Completion: 08/01/2016 ddensford@mylubbock.us Final Completion: 08/01/2016 22. Texas Tech University — Hard Bid Original Contract Amt: $ 745,811 Chitwood Weymouth Learning Center Final Contract Amt: $ 796,793 Jeff Sutherland — 806-834-8608 Original Completion: 08/18/2016 Jeff.sutheriand@ttu.edu Final Completion: 08/16/2016 23. Texas Tech University — Hard Bid Original Contract Amt: $ 1,344,841 Wall Hall Shower/Toilet Renovations Final Contract Amt: $ 1,297,620 Darren Densford —806-392-3509 Original Completion: 08/02/2015 ddensford@mylubbock.us Final Completion: 08/02/2015 24. Texas Tech University —Hard Bid Original Contract Amt: $ 1,399,723 Gates Hall Shower/Toilet Renovations Final Contract Amt: $ 1,292,263 Darren Densford-806-392-3509 Original Completion: 08/02/2015 ddensford@mylubbock.us Final Completion: 08/02/2015 25. Lubbock ISD, Hard Bid Original Contract Amt: $ 87,463 Cavazos/Matthews Restroom Renovations Final Contract Amt: $ 87,463 Kevin Cockrell — 806-766-1457 Original Completion: 08/03/2015 kcockrell@lubbockisd.org Final Completion: 08/03/2015 26. Lubbock ISD, Hard Bid Original Contract Amt: $ 172,349 McWhorter — Restroom Renovations Final Contract Amt: $ 172,349 Kevin Cockrell — 806-766-1457 Original Completion: 08/01/2015 kcockrell@lubbockisd.org Final Completion: 08/01/2015 27. Lubbock ISD, Hard Bid Original Contract Amt: $ 143,463 ADA Restroom Renovations Final Contract Amt: $ 151,188 Kevin Cockrell — 806-766-1457 Original Completion: 08/03/2015 kcockrell@lubbockisd.or Final Completion: 08/03/2015 28. City of Lubbock, Hard Bid Original Contract Amt: $ 76,463 Renovate Front Entrance at Mahon Library Final Contract Arnt: $ 76,463 Rodney Unrein — 806-775-2207 Original Completion: 05/18/2015 runrein@mylubbock.us Final Completion: 05/08/2015 29. City of Lubbock, Hard Bid Original Contract Amt: $ 692,463 Water & Streets Dept Renovations Final Contract Amt: $ 795,144 Rodney Unrein — 806-775-2207 Original Completion: 07/08/2015 runrein@mylubbock.us Final Completion: 08/05/2015 30. City of Lubbock, JOC Original Contract Amt: $ 43,422 RS#11 Interior Repairs Final Contract Amt: $ 43,422 Robert Keinast — 806-775-2632 Original Completion: 04/07/2015 rkeinast@mylubbock.us Final Completion: 02/19/2015 31. KCBD News Channel 11, Hard Bid KCBD Toilet Renovations Dan Jackson — 806-761-4232 d'ackson kcbd.com Original Contract Amt: $ 259,659 Final Contract Amt: $ 259,659 Original Completion: 12/31/2014 Final Completion: 12/15/2014 32. Lubbock ISD, Hard Bid Original Contract Amt: $ 154,143 Wilson MS, Restroom Renovations Final Contract Amt: $ 131,601 Kevin Cockrell, P.M. — 806-766-1457 Original Completion: 08 01 2014 kcockrell@lubbockisd.org Final Completion: 08/01/2014 33. Lubbock Association of Realtors Original Contract Amt: $ 75,727 Office remodel, Negotiated Original Contract Amt: $ 77,015 Cade Fowler — 806-795-9533 Original Completion: N/A cadefowler@lubbockrealtors.com Final Completion: 10/21/2014 34. Texas A & M Agrilife Extension Service Original Contract Amt: $ 123,720 Auditorium Renovation, JOC Final Contract Amt: $ 123,720 Jimmy Du n n — 979-845-2180 Original Completion: 09/22/2014 Jd-dunn@tamu.edu Final Completion: 09/22/2014 35. Texas Tech University, JOC Original Contract Amt: $ 1,593,160 Murdough - Shower/Toilet Renovations Final Contract Amt: $ 1,527,413 Darren Densford-806-392-3509 Original Completion: 08/04/2014 ddensford@mylubbock.us Final Completion: 08/12/2014 36. Texas Tech University, JOC Original Contract Amt: $ 836,845 Remodel Study Lounges — Coleman, Final Contract Amt: $ 836,845 Chitwood, Weymouth Original Completion: 08/04/2014 Stephanie Laughlin — 806-834-1241 Final Completion 08/04/2014 ,stephanie.laughlin@ttu.edu 37. Texas Tech University, JOC Original Contract Amt: $ 126,497 Install 304 Graber 2" composite wd blinds Final Contract Amt: $ 126,497 Daizy Duede, designer — 806-834-3999 Original Completion: 06/29/2014 daizv.duede@ttu.edu Final Completion: 06/29/2014 38. Texas A & M Agrilife Research, JOC Original Contract Amt: $ 54,321 Installation of carpet tile and ceramic tile Final Contract Amt: $ 54,321 Mika Wyatt — 806-746-6101 ext. 4032 Original Completion: 10/25/2013 mwyatt@ag.tamu.edu Final Completion: 10/25/2013 39. Texas Tech University, JOC Original Contract Amt: $ 1,114,787 Hulen Hall — Shower/ Toilet Renovations Final Contract Amt: $ 1,129,920 Darren Densford— 806-392-3509 Original Completion: 08/12/2013 ddensford@mylubbock.us Final Completion: 08/19/2013 40. Texas Tech University, JOC Original Contract Amt. $ 1,363,188 Clement Hall —Shower/Toilet Renovations Final Contract Amt: $ 1,350,144 Darren Densford Original Completion: 08/12/2013 ddensford@mylubbock.us Final Completion: 08/19/2013 41. Texas Tech University, Hard Bid Wiggins Hall University Student Housing Office Remodel Stephanie Laughlin — 806-834-1241 Stephanie.laughlin@ttu.edu Original Contract Amt: $ 1,363,898 Final Contract Amt: $ 1,354,551 Original Completion: 05/01/2013 Final Completion: 06/01/2013 City of Lubbock, TX Purchasing and Contract Management Safety Record Questionnaire 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 proposals 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 proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors 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 proposer 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 offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following four (4) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO X If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, 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 X If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal 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. OUESTION THREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten { 1 p} years, of a criminal offense which resulted in serious bodily injury or death? YES NO X If the offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal 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. QUESTION FOUR Provide your company's Experience Modification Rate and supporting information: .87 ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful 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 misrepresentations or omissions may cause my proposal to be rejected. Signature President Title WORKERS COMPENSATION EXPERIENCE RATING &IrPolRisk Name: TOMMY KLEIN CONSTRUCTION INC Risk ID: 420678932 Rating Effective Date: 10/31/2021 Production Date: 10/1212021 State: TEXAS State Wt Exp Excess Expected Exp Prim Act Exc Losses Ballast Act Inc Losses I Act Prim Losses Lasses Losses Losses Tx 1 .061 8192 13,6951 4,7701 0j 24,5001 1,344 1,344 (A) A (C) Exp Excess (D) Expected (E) Exp Prim I I (F) Act Exc (G) Ballast (H) Act Inc (1) Act Prim Wt Losses (1) - E) Losses Losses Losses (H -1) Losses Losses .061 1 8,9251 13,6951 4,770 4 24,500 403 403 Primary Losses Stabilizing Value Ratable Excess Totals (1) C'(1 -A)+G (A)'(E) I (J) Actual 403 32,890 0 33,293 (E) C * (1 - A) + G (A) . (C) (K) Expected 4,770 32,890 536 38,196 ARAP FLARAP SARAP MAARAP Exp Mod (J)1(K) Factors .87 REVISED RATING RATING REFLECTS A DECREASE OF 700% MEDICAL ONLY PRIMARY AND EXCESS LOSS DOLLARS WHERE ERA IS APPLIED. REVISED RATING TO INCLUDE UPDATED DATA FOR: TX, POL. #: WC00001874, EFF.: 10/31/2019 2 Copyrighl 1993-2022, All rights reserved. This product is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance. Inc (NCCIj. No further use, dissemination, sale, transfer, assignment or disposition of this product, in whole or in part, may be made without the prior written consent of NCCI. This product is fumisiled "As is' "As available' `With all defects" and Includes information available at the time of publication only. NCCI makes no representations or warranties of any kind relating to the product and hereby expressly disclaims any and all express, statutory, or implied warranties, including the implied warranty of merchantability. fitness for a particular purpose, accuracy, completeness, currentness, or correctness of the product or information contained therein. This product and the information contained therein are to he used exclusively for undenwnting, premium calculation and othar insurance purposes and may not be used for any other purpose including but not limited to safety scoring for project bidding purposes. All responsibility for the use of and for any anc all results derived or obtained through the use of the product and information are the end user's and NCG shall not have any liability thereto. Page t of 2 WORKERS COMPENSATION EXPERIENCE RATING OIVCCJI Risk Name: TOMMY KLEIN CONSTRUCTION INC Risk ID: 420678932 Rating Effective Date: 10/31l2021 Production Date: 10/12/2021 State: TEXAS 42-TEXAS Firm ID: Firm Name: TOMMY KLEIN CONSTRUCTION INC Carrier• 7d57n Pnlic. Nn_ 1NC00001874 Eff Date: 10/31/2017 Exp Date: 10/3112018 Code ELR Ratio Payro[[ Expected Losses Exp Prim Losses Claim Data IJ OF Act Inc Losses Act Prim Losses 5403 1 1.39 .35 120,7721 1,679 588 IC00226095 06 I F I 1,344I 1,3441 5606 .18 .29 19 4961 354 103 I88091 .041 .391 124,800 50 2011 8810 1 .03 .46 92,502 28 13 1 �Pollcy Total- 534,570Premium: Subject 7,494 Total Act Inc Losses: 1,344 42-TEXAS Carrier: 24570 Firm ID: Firm Name: TOMMY KLEIN CONSTRUCTION INC Policy No. WC00001874 Eff Date: 10/31/2018 Exp Date: 10/31/2019 Code ELR � Payroll Expected Exp Prim Ratio Losses Losses 15403I 1.391 .351 327,336 4,550 1,593 5606 .18 .29 181,949 328 95 8810 .03 .46 20,460 6 3 Subject Policy Total: 529,74 Premium: 16,111 Claim Data IJ IOF� Act Inc Act Prim Losses Losses LI.�I L� Total Act Inc Losses: 0 42-TEXAS Firm ID: Firm Name: TOMMY KLEIN CONSTRUCTION INC r�rr�er• 9Ar,7n i ir_v Nn WCn{1001f.74 Eff Date: 10131/2019 Exp Date: 10/31/2020 Cade ELR D❑- Ratio Payroll Expected Losses Exp Prim IFClaim Losses Data kJ OF Act Inc Losses Act Prim Losses 5403 8810 1.391 .03 35} 461 475,581 6,611 298,253 89 2,314 41 Policy Total: 773,834 Subject Premium: 19,262 I Total Act Inc Losses: * Copyright 1993-2022, All rights reserved- This pmduc! is comprised m, compilations and information which are the proprietary and exclusive prapedy of the National Council on Compensation Insurance, Ina (NCCI). No further use, dissemination, sale, transfer, assignment or disposition of this product, in whale or in part, may he made without the prior written consent of NCCI. This product is furnished "As is' "As available" `With all defects" and includes information available at the time of publication only. NCCI makes no representations or warranties of any kind relating to the product and hereby expressly disclaims any and all express, statutory, or implied warranties, including the implied warranty of merchantability, fitness for a particular purpose, accuracy, completeness, currenlness, or correctness of the ;product or iMormaiion contained therein This product and the information contained therein are to be used exclusively for underwriting, premium calculation and other Insurance purposes and may not be lased for any other purpose including but nut limited to safety soaring for project bidding purposes. All responsibility for the use of and for any and all results derived or obtained through the use of the product and information are the end user's and Ni shall not have any liability thereto ` Total by Policy Year of all cases $2006 er less. D Disease Loss X Ex -Medical Coverage U USL&iiW C Catastrophic Loss E Employers t.iability Loss # Limited Loss Page 2 of 2 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 X 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 has has not _submitted all compliance reports in connection with any such contract due under NIA 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 (U+C- CoMpar�q k1la5 LesS -t-hknR 50 �rn ) a��es, ��.wt-wi ll sc�bmi 4- 37 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: I. 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 50 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 Mauufactu red Products for Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. Bidder s may obtain from the owners a listing of articles, materials and supplies excepted from this provision. Product Country of Origin COMPANY NAME: Tommy Klein Construction., Inc. FEDERAL TAX ID or SOCIAL SECURITY NO_ 752798173 Signature of Company Printed Name of Company Official Signing Date Signed: 08/11/2022 Karen Klein 38 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: Tommy Klein Construction, Inc. FEDERAL TAX ID OR SOCIAL SECURITY NO. 752798173 Signature or Company Official_ Printed name of company official signing above: Date Signed: 08/11/2022 Karen Klein 39 Page Intentionally Left Blank 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 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, 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 ofthe Equal Opportunity Clause and that she or he will retain such certifications in his files. COMPANY NAME: Tommy Klein Construction, Inc. FEDERAL TAX ID OR SOCIAL SECURITY NO. 752798173 Signature or Company Official: kaA_e� Printed name of company official signing above: Date Signed: 08/11/2022 Karen Klein 40 Page Intentionally Left Blank 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 Iist 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: Tommy Klein Construction, Inc. FEDERAL TAX ID OR SOCIAL SECURITY NO. 752798173 Signature or Company Official: 6- Z�� " A�� Printed name of company official signing above: Karen Klein Date Signed. 08/11/2022 41 Page Intentionally Left Blank DISADVANTAGED BUSINESS ENTERPRISE UTILIZATION ITB 22-I6680-TF TITLE: LBB Roadwav/Gateway Sign Re lacement The undersigned has satisfied the requirements of the specifications in the following manner (please check the appropriate space): ❑ The bidder is committed to minimum of (City of Lubbock's goal) 3.75% DBE utilization on this project. ❑X The bidder (if unable to meet the City's goal of 3.75% DBE) is committed to a minimum of 0 % DBE utilization on this project and has submitted documentation showing good faith effort. Contractor Tommy Klein Construction, Inc. By (Signature) Address 7312 Upland Avenue City: Lubbock Telephone (including area code): President (Title) State: Texas Zip Code: 806-438-3811 Federal Tax TDISSN: 1752798173 79424 LETTER OF INTENT ITB 22-16680-TF TITLE: LBB_Aoadway/Gateway Sign Replacement Name of Bidders' Firm: Tommy Klein Construction, Inc. Bidder's Address: 7312 Upland Avenue City: Lubbock State: Texas Zip: 79424 Telephone (with area code): 806-438-3811 Name of Subcontractor/DBE Firm: Address: City: Telephone (including area code): State Description of work to be performed by DBE firm: Zip: Bidder intends to utilize the above -named subcontractor/DBE firm for the work described above. The estimated arnount of work is valued at $ If the above -named bidder is not determined to be the successful bidder, the Letter of Intent shall be null and void. Complete and submit this form for each subcontractor you propose to use on this proiect_ (Copy this page for each subcontractor)/DBE firm) Contractor: Tommy Klein Construction, Inc. Date: 08/11/2022 BIDDERS LIST ITB 22-16680-TF TITLE: LBB Roadwa /Gatewa Sign Re lacement All firms bidding or quoting on subcontracts for this DOT -assisted project are listed below. Firm Name Address Certified DBE (Y or N) Age of Firm GRS* Note: This form is not necessary if the recipient establishes a bidders list using another methodology (e.g., statistically sound survey of firms, widely disseminated request of firms to report information to the recipient, etc.) as defined in the recipient's DBE plan. *GRS — Annual Gross Receipts Enter 1 for less than $1 million Enter 2 for more than $1 million, less than $5 million Enter 3 for more than $5 million, less than $10 million Enter 4 for more than $10 million, less than $15 million Enter 5 for more than $15 million Tommy Klein Construction, Inc. 7312 Upland Avenue Lubbock, Texas 79424 The following pages are documentation of our good faith effort in contacting DBE subcontractors to bid this project. Tommy Klein Construction, Inc. is a HUB certified vendor in the State of Texas. Karen Klein, President Tommy Klein Construction, Inc. Texas Historically Underutilized Business (HUB) Certificate HU Statewide HistoricallyUnderutRized Business Program Certificate/VID Number: FileNendor Number: Approval Date: Scheduled Expiration Date The Texas Comptroller of Public Accounts (CPA), hereby certifies that TOMMY KLEIN CONSTRUCTION, INC. 1752798173600 087183 09-MAR-2021 09-MAR-2025 has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB. This certificate printed 12-MAR-2021, supersedes any registration and certificate previously issued by the HUB Program_ If there are any changes regarding the information (i.e., business structure, ownership, day-to-day management, operational control, business location) provided in the submission of the business' application for registrationlcertif<cation as a HUB, you must immediately (within 30 days of such changes) notify the HUB Program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of ineligibility. Statewide NUB Program Statewide Procurement Division Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award payment under the CertificateiVID Number identified above. Agencies; universities and prime contractors are encouraged to verify the company's HUB certification prior to issuing a notice of award by accessing the Internet (https:tlmycpa.cpa.state.tx.usitpasscmbisearchlindex.isp) or by contacting the HUB Program at 512-463-5872 or toll -free in Texas at 9-88M63-5881_ Rev. nh/l9 815/22, 11:06 AM Mail - S Hartman - Outlook LPSIA Signage Project S Hartman <shartman@tkleinconst.com> Fri 8/5/2022 11:fl5 AM To: mkhan@hbtexas.com <mkhan@hbtexas.com>;dana.keiner@dksigninstallation.com <dana.keiner@dksigninstallation.com>;m.assc@yahoo.com <m.assc@yahoo.com>;indu@fsgsgraphics.com <indu@fsgsgraphics.com>;vanessa@4wayhaulers.com <vanessa@4wayhaulers.com>;rgilmore46@yahoo.com<rgilmore46@yahoo.com>;Imartine7@elp.rr.com <Imartinez@elp.rr.com>;pdavis@paimbeachpaintingfw.com <pdavis@paimbeachpaintingfw.com>;liz@jppainting.org <liz@jppainting.org> We are bidding a project at LPSIA, would you be interested in bidding. You may contact me at 806-252- 1305 if interested https://www.dropbax.com/s/glr'iu8zvdfmh4a8/Airport%20Signage%20PIans.pdf?d1=0 Airport Signage Plans.pdf Shared with Dropbox RDF www.dropbox.com https://www.d ropbox.com/s/w6zceggSebucsah/Ai rport%20Signage_Specs.pdf?d I -0 Airport Signage-Specs.pdf Shared with Dropbox PDF www.dropbox.com https:ifoutlook.office.comlmaillsentitemslid/AAQkADcyOTk4NjF4LTRINzgtNG[l7SO50TdiLTAzMTAzMTZIYZI10AAQAIDIZMfgjdNAksoflbdf5n8%3D 1/1 Certified Profile CLOSE WINDOW IS Print Business & Contact Information BUSINESS NAME OWNER ADDRESS Certification Information Highway Barricades and Services, LLC Mitra Khan 7775 Leopard Street CORPUS CHRISTI, TX 78409-2020 [mapj 361-883-6300 361-883-6301 mkhan@hbstexas.com http://www.hbstexas.corn Nueces FX) CERTIFYING AGENCY Corpus Christi Regional Transportation Authority CERTIFICATION TYPE DBE - Disadvantaged Business Enterprise CERTIFIED BUSINESS DESCRIPTION Barricades, Pavement markings, Guardrail construction; Painting lines on highways, streets, and bridges, Highway and Street Signage; Signs and signboard manufacturing and Sign erection on highway, road, street and bridge; Construction machinery and equipment rental or leasing without operator; Concrete pouring and finishing; Other Construction Material Merchant Wholesalers (supplier of attenuators). Commodity Codes Code Description Certified Profile Business & Contact Information BUSINESS NAME OWNER ADDRESS PHONE EMAIL COUNTY Certification Information CERTIFYING AGENCY CERTIFICATION TYPE CERTIFIED BUSINESS DESCRIPTION Commodity Codes Code NAICS 237310 NAICS 238990 TxDOT 14 TxDOT 16 CLOSE WINDOW E3 aK Contracting, LLC Ms. Dana Keiner 110 Wrangler Cir Tuscola, TX 79562 [mapj 325-277-7521 dana.keiner@dksigninstallation.com Taylor (TX) Texas Department of Transportation DBE - Disadvantaged Business Enterprise Signs (highway, road, street, bridge), mail box, multiple box type unit erection Description Sign erection, highway, road, street, or bridge Mail box units, outdoor, multiple box -type, erection Traffic Control Devices - includes traffic signals, signs, barricades, pavement markers, buttons, edge lines, striping, etc. Miscellaneous - Please specify. Paint Certified Profile Business & Contact Information BUSINESS NAME Allstate Signal & Construction, LLC OWNER Melissa Cook ADDRESS 30820 Waller Spring Creek Waller, TX 77484 [Mapj PHONE 281-255-4D05 FAX 281-255-4051 EMAIL m.assc yahoo.com COUNTY Harris (TX) Certification Information CERTIFYING AGENCY CERTIFICATION TYPE CERTIFIED BUSINESS DESCRIPTION Commodity Codes Code NAICS 237310 NAICS 238210 City of Houston DBE - Disadvantaged Business Enterprise Installation of Light Poles/Sign Erection Description Sign erection, highway, road, street, or bridge Lighting system installation CLOSE WINDOW Ij Print Certified Profile CLOSEWINDOW 13 Print Business & Contact Information BUSINESS NAME AIM & N Graphic Solutions LLC, DBA First Signs OWNER Ms Indira Sanka ADDRESS 2455 E State Hwy 121 STE 108 Lewisville, TX 75056 [mapj PHONE 972-267-3100 FAX 000-000-0000 EMAIL indu fsgsgraphics.com WEBSITE https://fsgsgraphics.com/ COUNTY Denton (7X) Certification Information CERTIFYING AGENCY North Central Texas Regional Certification Agency CERTIFICATION TYPE DBE - Disadvantaged Business Enterprise CERTIFIED BUSINESS DESCRIPTION Sign Manufacturing Sign Erection - highway, road, street, or bridge Art Prints commercial printing (except screen) w/o publishing Sign (except on highways, streets, bridges, and tunnels) erection Sign, building, erection Commercial Printing (except screen and books) Digital Printing (e.g., billboards, other large format graphic materials, high resolution) (except books) Certified Profile Business & Contact Information BUSINESS NAME OWNER ADDRESS PHONE EMAIL COUNTY Certification Information 4-Way Haulers, LLC Ms. Vanessa Anderson 5310 FM 604 Ovalo, TX79541 [mapj 325-668-6784 vanessa@4waybaulers.com Taylor(TX) CERTIFYING AGENCY Texas Department of Transportation CERTIFICATION TYPE DBE - Disadvantaged Business Enterprise CERTIFIED BUSINESS DESCRIPTION Hauling Landscaping Construction Management Consulting Sign erection, highway, road, street, or bridge Riprap installation Sign, building, erection Highway guardrails, sheet metal (except stampings), manufacturing Sand hauling, local Top -soil hauling, local Gravel hauling, long-distance Landscaping Services CLOSE WINDIDW ja Print Certified Profile Business & Contact Information BUSINESS NAME OWNER ADDRESS PHONE FAX EMAIL COUNTY Certification Information CERTIFYING AGENCY CERTIFICATION TYPE CERTIFIED BUSINESS DESCRIPTION Commodity Codes Code NAICs 236220 NAICS 237310 NAICS 238320 RG Painting, Inc. Raymond Gilmore 2325 Cedar Grove Drive Dallas, TX 75241 maps 214-376-1076 214-376-8547 rgi l mo re4ti@ya hoo.co m Dallas (TX) North Central Texas Regional Certification Agency DBE - Disadvantaged Business Enterprise Painting & Wall Covering Contractors Commercial & Institutional Building Construction (pt.) Description Commercial and Institutional Building Construction Highway, Street, and Bridge Construction Painting and Wall Covering Contractors Ci OSE WINDOW Print Certified Profile Business & Contact Information BUSINESS NAME Professional Paint Corporation OWNER Mr. Louisj. Martinez ADDRESS 344 ALICIA DR EL PASO, TX 79905 [map] PHONE 915-778-3153 FAX 915-772-6336 EMAIL lmartinez@eip.rr.com COUNTY El Paso (TX) Certification Information CERTIFYING AGENCY CERTIFICATION TYPE CERTIFIED BUSINESS DESCRIPTION i Commodity Codes i I Code NAICS 238320 TxDOT 11 TXDOT 16 Texas Department of Transportation DBE - Disadvantaged Business Enterprise Painting and Wall Covering Contractors Description Painting and Wall Covering Contractors Painting - includes painting of structural steel and concrete structures Miscellaneous - Please specify. CLOSE WINDOW 13 Print Certified Profile Business & Contact Information BUSINESS NAME Palm Beach Painting, LLC OWNER Gilbert Davis ADDRESS 8007 Ranchvale Ln Arlington, TX 76002 [map] PHONE 214-646-7169 EMAIL pdavis palmbeachpaintingdfw.com WEBSITE http://vvww.paImbeachpaintingdfw.com COUNTY Tarrant (TX) Certification information CERTIFYING AGENCY CERTIFICATION TYPE CERTIFIED BUSINESS DESCRIPTION Commodity Codes i Code NAICS 238130 NAICS 238310 i NAICS 238310 North Central Texas Regional Certification Agency DBE - Disadvantaged Business Enterprise Drywall, Metal Stud Framing, Tape & Bed, Texture Acoustical Ceilings, Basic Paint & Finishing Description Framing contractors Acoustical ceiling tile and panel installation Drywall contractors CLOSE WINDOW Print Certified Profile Business & Contact Information BUSINESS NAME OWNER ADDRESS PHONE FAX EMAI L WEBSITE COUNTY Certification Information CERTIFYING AGENCY CERTIFICATION TYPE CERTIFIED BUSINESS DESCRIPTION Commodity Codes Code NAICS 238320 JP Painting, Inc San Juana Portillo 9326 S. POLK ST. DALLAS, TX 75232 [mapl 972-228-1668 972-228-1671 liz jppainting.org httpa/www.jppainting.org Dallas (TX) North Central Texas Regional Certification Agency DBE - Disadvantaged Business Enterprise Painting and Wall Covering Contractors Description Painting and Wall Covering Contractors CLOSE WINDOW is Print Page Intentionally Left Blank PROPOSED LIST OF SUB -CONTRACTORS Minority Owned Company Name Location S rvices Provided Yes No 2. ���:�,� _. �� rEl 3. ❑ ❑ 4. ❑ ❑ S. ❑ ❑ 6. ❑ ❑ 7. ❑ ❑ 8. ❑ ❑ 9. ❑ ❑ 10. ❑ ❑ 11. ❑ ❑ 12. ❑ ❑ 13. ❑ ❑ 14. ❑ ❑ 15. ❑ ❑ 16. ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR RESPONSE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO SUBMITTED BY: Tommy Klein Construction, Inc. (PRINT NAME OF COMPANY) Page Intentionally Left Blank 1. 2. 3. 4. 5. 6. 7. S. 9. 10. 11. 12. 13. 14. 15. 16. FINAL LIST OF SUB -CONTRACTORS Company Name Location Services Provided -tP'IY�'�1ylGi e1-�p Seca �� S Ll�bc� t k Si �a4 SUBMITTED BY: (PRINT NAM�.1E OF COMPANY) Minority Owned Yes No ❑ ia� ❑ _12/ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ a ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Cl THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN BUSINESS DAYS AFTER THE CLOSE DATE WHEN RESPONSES ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO Page Intentionally Left Blank PAYMENT BOND Page Intentionally Left Blank 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 Tommy Klein Construction, Inc. (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 Eight Hundred Forty -Seven Thousand Dollars($847 000) 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 131h day of September 2022, to ITB 22-16680-TF LBB Roadway/Gateway Sign Replacement 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 Surety *By: (Title) 2022. (Company Name) By: (Printed Name) (Signature) (Title) Page Intentionally Left Blank 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: Approved as to form: City of Lubbock By: City Attorney (Title) * 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. Page Intentionally Left Blank PERFORMANCE BOND Pate Intentionally Left Blank STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that Tommy Klein Construction, Inc. (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 Eight Hundred Forty -Seven Thousand Dollars($847 000) 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 13t' day of September, 2022, to ITB 22-16680-TF LBB Roadway/Gateway Sign Replacement 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 , 2022. Surety * By: (Title) (Company Name) By: (Printed Name) (Signature) (Title) Page Intentionally Left Blank 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. Page Intentionally Left Blank CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000, Floor 9 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 company, the further hereinafter described. Exceptions to standard policy 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) AUTOMOTIVE LIABILITY ❑ 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 11 GARAGE LIABILITY ❑ Any Auto Auto Only - Each Accident $ ❑ Other than Auto Only: Each Accident $ Aggregate $ ❑ BUILDER'SRISK ❑ 100% of 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 $ Offices 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 MUST BE SENT TO THE CITY OF LUBBOCK (Name of Insurer) By: Title: The Insurance Certificates Furnished shall name the City of Lubbock as Additional Insured on Auto /General Liability and provide a Waiver of Subrogation in favor of the City of Lubbock. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. CONTRACTORCHECKLIST 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: PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON- CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. 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. COPIES OF THE ENDORSEMENTS ARE REQUIRED. REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (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 512-305-7238 to receive information on the legal requirement for coverage, to verify 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 (e) (3) of this rule; (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 CONTRACT Pate Intentionally Left Blank 0 a Contract 16680 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 13te day of September, 2022 by and between the City of 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 Tommy Klein Construction, Inc. of the City of Lubbock, County of Lubbock 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: ITB 22-16680-TF LBB Roadway/Gateway Sign Replacement and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. Tommy Klein Construction, Inc.'s bid dated August 11, 2022, is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the 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. ICONTRACTOR: A a 0 I Tommy Klein Construction, Inc. COMPLETE ADDRESS: Tommy Klein Construction, Inc. 7312 Upland Avenue Lubbock, TX 79424 APPROVED AA TO CONTENT: C�" um I Airpor�Reresentative KAW Cayye t L olio I � Name ( rinted) Date Pate Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT Page Intentionally Left Blank GENERAL CONDITIONS OF THE AGREEMENT 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 Tommy Mein Construction, 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 Charles Farina, Deputy Director of 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, Response, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, 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. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 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. 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 shall be furnished five 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. 13. LINES AND GRADES The Contractor is responsible for construction layout based on the control provided in the construction documents. All lines and grades shall be furnished whenever Owner's Representative (as distinguished from Resident Project Representative(s)) 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 Owner's Representative 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, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative 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 (as distinguished from Resident Project Representative(s))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 distinguished from Resident Project Representative, 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. 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. 17. 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. 18. 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 person or persons on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such person or persons shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. 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 workers 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. 20. 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 Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent required by the contract documents. 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. 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 proposal, except as provided under Changes and Alterations in Paragraph 23. It is agreed that the Contractor shall perform all extra work under the observation 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 to the firm actually performing the work, and additional higher -tier markups limited to 5% to cover additional overhead and insurance costs; 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, as estimated by the Engineer and approved by the Owner.. 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 workers, 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 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 not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which 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 proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering 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 five (5) calendar days prior to the opening of proposals. In the absence of a requested clarification for a conflict in the documents prior to proposals being reviewed, it will be assumed that the Contractor proposes the higher cost alternative on conflicts identified after proposals are reviewed. 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 Engineer 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 ten (10) 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 coverages 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. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. 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. COPIES OF THE ENDORSEMENTS ARE REQUIRED. Commercial General Liability Requirements: $1,000,000 occurrence / $2,000,000 aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Automobile Liability Requirements: $1,000,000 — CSL/Occurrence Workers Compensation and Employer Liability Requirements: Statutory. If the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non-contributory basis on all liability policies except professional liabilities and workers' comp. Waivers of Subrogation are required for CGL, AL, and WC. To Include Products of Completed Operations endorsement. Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non- payment. Carriers must meet an A.M. Best rating of A- or better. Subcontractors must carry same limits as listed above. 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 406.096, 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. 3. 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: (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, 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: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) 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; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) 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; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) 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 (ii) 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; (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, 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; (g) 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 Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text 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: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or 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 800-372-7713 or 512-804-4000 (www.tdi.state.tx.us) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage, " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) 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; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting 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."; (iv) 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; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) 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; (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 fRTQWFI U-R� 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 Engineer 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, material men 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 Engineer, 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 offering. 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 Engineer 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 proposing 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 there from. 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 Notice to Proceed and contract documents, respectively, 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 sum of $25 PER CONSECUTIVE CALENDAR DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. If the Contractor should neglect, fail, or refuse to Finally 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 sum of $25 PER CONSECUTIVE CALENDAR DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall fail to meet the time requirements stipulated for substantially completing the work. 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 in such order of precedence, and in such manner as shall be most conductive to economy of construction. The Contractor shall ensure daily prosecution of the work is conducted every business day until completed, regardless if the work will be substantially or finally complete ahead of specified deadlines in the agreement, unless the City determines time off from said prosecution is necessary or reasonable and Contractor received said determination in writing from the City. Further, when the Owner is having other work done, either by contract or by its own force, the Owner's Representative (as distinguished from the Resident Project 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. Additionally, inclement weather shall be the only other reason consistent, daily prosecution of the work may not take place on those inclement weather days. 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 proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 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 within 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 workers, 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 material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals 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, provided that the over run or under run of estimated quantities not exceed 15% of the estimated quantity. 39. 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 Engineer, 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 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 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. 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: (i) in the event the total value of the contract is five million dollars or more, 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; or (ii) in the event the total value of the contract is less than five million dollars, 10% or less, of the amount thereof, which percentage shall be retained until final payment, and further, less all previous payments and all further sums may be retained by Owner under the terms of the contract documents ("Retainage"). If Contractor engages a sub -contractor to perform all or part of Contractor's work under the contract, the Contractor shall not withhold a greater percentage of Retainage than the percentage set out in in this section pertaining to the Contractor. Contractor shall likewise require any subcontractor it engages to comply with section 2252.032 of the Texas Government Code. 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 fifteen (15) calendar 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. The work will be deemed substantially complete when the work (or a specified portion thereof) has progressed to the point where, in the opinion of the Owner or Owner's Representative, the work (or a specified portion thereof) is sufficiently complete, in accordance with all the contract documents, including the Proposal and all applicable technical specifications, so that the work (or a specified portion thereof) can be utilized for the purposes for which it is intended without unscheduled disruption. Owner may, in its sole discretion, release all or a portion of the Retainage upon Owner's receipt of the certificate of substantial completion for all of the work or a specified portion thereof. 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. Owner may, in its sole discretion, release all or a portion of the Retainage for fully completed and accepted portions of the work. Notwithstanding the foregoing, Owner may withhold the Retainage if there is a bona fide dispute between Owner and Contractor according to section 2252.032(f) of the Texas Government Code. 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 but not to exceed 30 days after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay all claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or relating to such correction or removal. 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, (d) Notification to owner of failure to make payments to Subcontractors or Suppliers, (e) Failure to submit up-to-date record documents as required, (f) Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner, (g) Failure to provide Project photographs required by Specifications. 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 persons 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 proposals, 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. 49. 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. 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 supplied by the Owner, and executed by a Surety Company listed on the State Treasury's "Approved" list and 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. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions 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 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. 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. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 59. CONTRACTOR ACKNOWLEDGES Contractor Acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 60. LABOR CODE CHAPTER 214 Sec. 214.008. MISCLASSIFICATION OF CERTAIN WORKERS; PENALTY. (a) A person who contracts with a governmental entity to provide a service as defined by Section 2155.001, Government Code, shall properly classify, as an employee or independent contractor in accordance with Chapter 201, any individual the person directly retains and compensates for services performed in connection with the contract. (b) In this subsection, "subcontractor" means a person directly retained and compensated by a person who contracts with a governmental entity to provide a service as defined by Section 2155.001, Government Code. A subcontractor shall properly classify, as an employee or independent contractor in accordance with Chapter 201, any individual the subcontractor directly retains and compensates for services performed in connection with the contract for which the subcontractor is retained. (c) A person who fails to properly classify an individual as required by Subsection (a) or (b) shall pay to the commission a penalty equal to $200 for each individual that the person has not properly classified. (d) The commission may not take action to collect a penalty under this section from a person after the third anniversary of the date on which the violation occurred. 61. CERTIFICATE OF INTERESTED PARTIES House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Instructions for completing Form 1295 are available at: https: //ci.lubbock.tx.us/departments/purchasing/vendor-information 62. TEXAS GOVERNMENT CODE SECTION 2252.152 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. 63. TEXAS GOVERNMENT CODE SECTION 2271.002 Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 64. CONTRACTOR ACKNOWLEDGES Contractor Acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 65. TEXAS PUBLIC INFORMATION ACT The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. 66. CONFIDENTIALITY The Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. 67. INDEMNITY The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, to the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its agents, employees, and/or subcontractors, related to the performance, operations or omissions under this agreement and/or the use or occupation of city owned property. The indemnity obligation provided herein shall survive the expiration or termination of this agreement. 68. PROFESSIONAL RESPONSIBILITY All architectural or engineering services to be performed shall be done with the professional skill and care ordinarily provided by competent architects or engineers practicing under the same or similar circumstances and professional license. 69. TEXAS SENATE BILL 219 SUBCHAPTER B ITEMS B AND C (b) A contractor must, within a reasonable time of learning of a defect, inaccuracy, inadequacy, or insufficiency in the plans, specifications, or other design documents, disclose in writing to the person with whom the contractor enters into a contract the existence of any known defect in the plans, specifications, or other design documents that is discovered by the contractor, or that reasonably should have been discovered by the contractor using diligence, before or during construction. In this subsection, ordinary diligence means the observations of the plans, specifications, or other design documents or the improvement to real property that a contractor would make in the reasonable preparation of a bid or fulfillment of its scope of work under normal circumstances. Ordinary diligence does not require that the contractor engage a person licensed or registered under Title 6, Occupations Code, or any other person with specialized skills. A disclosure under this subsection is made in the contractor's capacity as contractor and not as a licensed professional under Title 6, Occupations Code. (c) A contractor who fails to disclose a defect as required by Subsection (b) may be liable for the consequences of defects that result from the failure to disclose. DAVIS BACON WAGE DETERMINATIONS Page Intentionally Left Blank EXHIBIT A Davis Bacon Wage Determinations "General Decision Number: TX20220280 03/25/2022 Superseded General Decision Number: TX20210280 State: Texas Construction Type: Building Counties: Crosby and Lubbock Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). JIf the contract is entered into on or after January 30, 12022, or the contract is renewed or extended (e.g., an loption is exercised) on or after January 30, 2022: 1 1 1 1 1 1 1 JIf the contract was awarded onj Jor between January 1, 2015 andl J7anuary 29, 2022, and the contract is not renewed or lextended on or after January 130, 2022: 1 1 1 1 1 1 1 1 1 1 1 1 1 Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $15.00 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2022. Executive Order 13658 generally applies to the contract. The contractor must pay alll covered workers at least $11.25 per hour (or the applicable wage rate listed) on this wage determination,) if it is higher) for all hours spent performing on that contract in 2022. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts. Modification Number Publication Date 0 01/07/2022 1 02/25/2022 2 03/25/2022 BOIL0074-003 01/01/2021 Rates Fringes BOILERMAKER ......................$ 29.47 24.10 ------------------------- * CARP0665-001 01/01/2022 Rates Fringes CARPENTER ........................$ 24.98 7.83 ---------------------------------------------------------------- ELEC0602-008 03/01/2020 Rates Fringes ELECTRICIAN ......................$ 23.12 3%+10.75 ---------------------------------------------------------------- ENGIO178-005 06/01/2020 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane .............$ 32.85 13.10 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above.....$ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under ..............$ 32.35 13.10 ---------------------------------------------------------------- IRON0084-011 06/01/2021 Rates Fringes IRONWORKER, ORNAMENTAL ........... $ 26.01 7.56 ---------------------------------------------------------------- IRON0263-003 06/01/2020 Rates Fringes IRONWORKER, STRUCTURAL ........... $ 25.14 7.43 ---------------------------------------------------------------- PLUM0404-001 09/01/2020 Rates Fringes PLUMBER ..........................$ 26.05 8.81 ---------------------------------------------------------------- SHEE0049-001 04/01/2019 Rates Fringes SHEET METAL WORKER (HVAC Duct Installation Only) ...............$ 21.73 14.94 ---------------------------------------------------------------- * SUTX2014-060 07/21/2014 Rates Fringes BRICKLAYER .......................$ 20.04 0.00 CEMENT MASON/CONCRETE FINISHER...$ 19.60 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) ...............$ 19.77 7.13 IRONWORKER, REINFORCING..........$ 12.27 ** 0.00 LABORER: Common or General......$ 12.35 ** 0.00 LABORER: Mason Tender - Brick...$ 11.36 ** 0.00 LABORER: Mason Tender - Cement/Concrete..................$ 10.58 ** 0.00 LABORER: Pipelayer..............$ 12.49 ** 2.13 LABORER: Roof Tearoff...........$ 11.28 ** 0.00 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 14.25 ** 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader ................$ 13.93 ** 0.00 OPERATOR: Bulldozer .............$ 18.29 1.31 OPERATOR: Drill .................$ 16.22 0.34 OPERATOR: Forklift ..............$ 14.83 ** 0.00 OPERATOR: Grader/Blade..........$ 13.37 ** 0.00 OPERATOR: Loader ................$ 13.55 ** 0.94 OPERATOR: Mechanic ..............$ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 16.03 0.00 OPERATOR: Roller ................$ 12.70 ** 0.00 PAINTER (Brush, Roller, and Spray) ...........................$ 14.27 ** 0.00 ROOFER ...........................$ 13.75 ** 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation...........$ 21.13 6.53 TILE FINISHER ....................$ 11.22 ** 0.00 TILE SETTER ......................$ 14.00 ** 2.01 TRUCK DRIVER: Dump Truck........$ 12.39 ** 1.18 TRUCK DRIVER: Flatbed Truck.....$ 19.65 8.57 TRUCK DRIVER: Semi -Trailer Truck ............................$ 12.50 ** 0.00 TRUCK DRIVER: Water Truck.......$ ---------------------------------------------------------------- 12.00 ** 4.11 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15.00) or 13658 ($11.25). Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. 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)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"' denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is ]uly 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. 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 National Office because National Office has 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. 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 DECISIO" EXHIBIT B City of Lubbock Overtime Legal Holiday Prevailing Wage Rates The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. The rate for legal holidays shall be as required by the Fair Labor Standards Act. Page Intentionally Left Blank SPECIFICATIONS Page Intentionally Left Blank LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT ROADWAY/GATEWAY SIGN REPLA CEMEN T BID DOCUMENTS PROJECT MANUAL JUNE 2, 2022 LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT ROADWAY/GATEWAY SIGN REPLA CEMEN T BID DOCUMENTS June 2, 2022 RS&H No.: Lubbock, Texas 223-1874-003 Prepared by RS&H, Inc. at the direction of the Lubbock Preston Smith International Airport RSM LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT TITLE INDEX OF PAGES COVER SEALSPAGE....................................................................................................................SS-1-2 TABLE OF CONTENTS — CONTRACT DOCUMENTS.............................................................. i - ii CITY REQUIREMENTS General Conditions of the Agreement.................................................................... 1 — 39 ContractExample ........ ............................................................................................................ 1-1 Non -Collusion Affidavit............................................................................................................1-1 ReferenceForm......................................................................................................................1-1 Safety Record Questionnaire..................................................................................................1-2 SubcontractorsLists................................................................................................................1-4 Contractors Statement of Qualifications................................................................................1-13 Certificate Regarding Employee Information Report EE)-1......................................................1-1 Buy American Preferences......................................................................................................1-1 Davis Bacon Certification Eligibility.........................................................................................1-1 Certification of Non -Segregated Facilities...............................................................................1-1 Trade Restriction Clause.........................................................................................................1-1 DBE Contracting Requirement and Forms..............................................................................1-6 Optional Statement of No Bid..................................................................................................1-1 BID INFORMATION Bid Form (Proposal)....................................................................................................... IBF-2 — 3 Affidavits..........................................................................................................................AFF 1-3 LegalStatus of Bidder........................................................................................................ LSB-1 SubcontractorStatement.................................................................................................. SCS-1 SpecialBonding Provision............................................................................................................ SpecialProvision for Taxes..................................................................................................1 — 2 Notice to Bidders — Certified Payrolls.....................................................................................1 - 2 Notice to Bidders — (Buy American).......................................................................................1 - 1 BuyAmerican Certificate........................................................................................................1 - 1 Appendix A — Prohibition of Discrimination in State Contracts................................................1 - 1 Appendix B — Certification for Federal - Aid Contracts............................................................1 - 1 FederalRequirements..........................................................................................................1 - 10 General Requirements for Recipients (Reg. 49 CFR, Part 26)...............................................1 - 7 SpecialNotice for W-9...........................................................................................................1 - 1 W-9 Form...............................................................................................................................1 - 4 FAA General Provisions................................................................................................ FAA GP-1-48 Mandatory Federal Contract Provisions.............................................................................1 — 38 Supplementary Provisions..................................................................................................... SP-1-6 Davis Bacon Wage Rates....................................................................................................... DB-1-7 Technical Specifications DIVISION 01 — GENERAL REQUIREMENTS 000300 Bid Form TABLE OF CONTENTS TOC 1 of 2 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT TITLE INDEX OF PAGES 01 1000 Summary of Work 01 2500 Products and Substitutions 01 2600 Contract Modification Procedures 01 2900 Applications for Payment 01 3100 Project Management & Coordination 01 3200 Project Meetings 01 3300 Submittal Procedures 01 4000 Quality Control 014200 References 01 4500 Statement of Special Inspections 01 5000 Temporary Facilities and Controls 01 5500 Field Engineering 01 6116 VOC Content Restrictions 017400 Warranties 01 7700 Closeout Procedures Item G-101 Existing Condition Information Item G-102 Preliminary Schedule Item G-103 Project Coordination Item G-104 Project Meetings Item G-106 Submittals Item G-107 Substitution Procedures Item G-108 Materials and Equipment Item G-109 Inclement Weather Delays Item G-112 Project Closeout Item G-201 Safety and Security Item G-202 Survey and Stakeout Item G-205 Temporary Construction Items Division 10 — Signage 101400 Signage END OF TOC TABLE OF CONTENTS TOC 1 of 2 GENERAL CONDITIONS OF THE AGREEMENT re .IIi� OMM91 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 who has agreed to perform the work embraced in this contract, or their legal representative. 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 Charles Farina, Denuty Director of 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, Response, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, 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". 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. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 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 parry 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. 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 shall be furnished five 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. 13. LINES AND GRADES The Contractor is responsible for construction layout based on the control provided in the construction documents. All lines and grades shall be furnished whenever Owner's Representative (as distinguished from Resident Project Representative(s)) 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 Owner's Representative 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, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative 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 (as distinguished from Resident Project Representative(s))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 distinguished from Resident Project Representative, 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. Inthe 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. 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 otherpersons performing any of the work. 17. 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. 18. 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 person or persons on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such person or persons shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. 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 workers 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. 20. 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 Contractor is responsible for construction quality control testing, cost, and reporting of the type and extent required by the contract documents. 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. 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 proposal, except as provided under Changes and Alterations in Paragraph 23. It is agreed that the Contractor shall perform all extra work under the observation 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 workis commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent to the firm actually performing the work, and additional higher -tier markups limited to 5% to cover additional overhead and insurance costs; 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, as estimated by the Engineer and approved by the Owner.. 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 workers, 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 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 not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra workfor 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 proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering 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 five (5) calendar days prior to the opening of proposals. In the absence of a requested clarification for a conflict in the documents prior to proposals being reviewed, it will be assumed that the Contractor proposes the higher cost alternative on conflicts identified after proposals are reviewed. 26. RIGHT OF OWNER TO MODIFY METHODS AND EOUIPMENT 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 Engineer 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 ten (10) 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 coverages 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. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED ON AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK. 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. COPIES OF THE ENDORSEMENTS ARE REQUIRED. A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogationrequired) The Contractor shall have Comprehensive General Liability Insurance with limits of$2,000,000 Combined Single Limit in the aggregate and 1 000 000 per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury 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, $1,000,000 Combined Single Limit per occurrence, to include all owned and non -owned cars including Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Builder's Risk Insurance/Installation Floater Insurance — NOT REQUIRED E. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least 1 0$ 00,000 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 406.096, 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. 3. 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 coverageperiod shown on the current certificate of coverage ends during the duration of the project; (c� obtain from each other person with whom it contracts, and provide to the Contractor: (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 theproject; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (fl 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 (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: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) 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; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) 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; (d) obtain from each person providing services on a project, and provide to the governmental entity: n 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 (n) 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; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (fl 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; (g) 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 Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30-point bold type and text 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: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or 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 800-372-7713 or 512-804-4000 (www.tAstate.mus) to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage; " and (h) contractually require each person with whom it contracts to provide services on a project, to: n 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; @ provide a certificate of coverage to the Contractor prior to thatperson beginning work on the project; (m) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting 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."; (iv) 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; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) 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; (m) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vn) 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 (vin) 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 Engineer 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, material men 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 Engineer, 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 ormanufacturers 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 offering. 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 Engineer 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 proposing 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 there from. 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 Notice to Proceed and contract documents, respectively, 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 sum of $25 PER CONSECUTIVE CALENDAR DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. If the Contractor should neglect, fail, or refuse to Finally 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 sum of $15 PER CONSECUTIVE CALENDAR DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall fail to meet the time requirements stipulated for substantially completing the work. 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 ofthe 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 in such order of precedence, and in such manner as shall be most conductive to economy of construction. The Contractor shall ensure daily prosecution of the work is conducted every business day until completed, regardless if the work will be substantially or finally complete ahead of specified deadlines in the agreement, unless the City determines time off from said prosecution is necessary or reasonable and Contractor received said determination in writing from the City. Further, when the Owner is having other work done, either by contract or by its own force, the Owner's Representative (as distinguished from the Resident Project 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. Additionally, inclement weather shall be the only other reason consistent, daily prosecution of the work may not take place on those inclement weather days. 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 proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 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 within 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 workers, 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 material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals 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, provided that the over run or under run of estimated quantities not exceed 15% of the estimated quantity. 39. 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 Engineer, 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 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 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. 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: (i) in the event the total value of the contract is five million dollars or more, 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; or (ii) in the event the total value of the contract is less than five million dollars, 10% or less, of the amount thereof, which percentage shall be retained until final payment, and further, less all previous payments and all further sums may be retained by Owner under the terms of the contract documents ("Retainage"). If Contractor engages a sub -contractor to perform all or part of Contractor's work under the contract, the Contractor shall not withhold a greater percentage of Retainage than the percentage set out in in this section pertaining to the Contractor. Contractor shall likewise require any subcontractor it engages to comply with section 2252.032 of the Texas Government Code. 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 fifteen (15) calendar 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. The work will be deemed substantially complete when the work (or a specified portion thereof) has progressed to the point where, in the opinion of the Owner or Owner's Representative, the work (or a specified portion thereof) is sufficiently complete, in accordance with all the contract documents, including the Proposal and all applicable technical specifications, so that the work (or a specified portion thereof) can be utilized for the purposes for which it is intended without unscheduled disruption. Owner may, in its sole discretion, release all or a portion of the Retainage upon Owner's receipt of the certificate of substantial completion for all of the work or a specified portion thereof. 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. Owner may, in its sole discretion, release all or a portion of the Retainage for fully completed and accepted portions of the work. Notwithstanding the foregoing, Owner may withhold the Retainage if there is a bona fide dispute between Owner and Contractor according to section 2252.032(f) of the Texas Government Code. 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 but not to exceed 30 days after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. The Contractor shall pay all claims, cost, losses, and damages (including but not limited to all fees and charges of the engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution cost) arising out of or relating to such correction or removal. 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, (c) Notification to owner of failure to make payments to Subcontractors or Suppliers, (e) Failure to submit up-to-date record documents as required, (f} Failure to submit monthly progress schedule updates or revised scheduled as requested by Owner, (g) Failure to provide Project photographs required by Specifications. 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 withheldbecause 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 persons 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 proposals, 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, subj ect 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. 49. 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. 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 supplied by the Owner, and executed by a Surety Company listed on the State Treasury's "Approved" list and 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. 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions 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 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. 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. NON -ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 59. CONTRACTOR ACKNOWLEDGES Contractor Acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 60. LABOR CODE CHAPTER 214 Sec. 214.008. MISCLASSIFICATION OF CERTAIN WORKERS; PENALTY. (a) A person who contracts with a governmental entity to provide a service as defined by Section 2155.001, Government Code, shall properly classify, as an employee or independent contractor in accordance with Chapter 201, any individual the person directly retains and compensates for services performed in connection with the contract. (b) In this subsection, "subcontractor" means a person directly retained and compensated by a person who contracts with a governmental entity to provide a service as defined by Section 2155.001, Government Code. A subcontractor shall properly classify, as an employee or independent contractor in accordance with Chapter 201, any individual the subcontractor directly retains and compensates for services performed in connection with the contract for which the subcontractor is retained. (c) A person who fails to properly classify an individual as required by Subsection (a) or (b) shall pay to the commission a penalty equal to $200 for each individual that the person has not properly classified. (d) The commission may not take action to collect a penalty under this section from a person after the third anniversary of the date on which the violation occurred. 61. CERTIFICATE OF INTERESTED PARTIES House Bill 1295, adopted by the 84th Legislature, created §2252.908, Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Section 2252.908 requires the disclosure form to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity or state agency before the contract may be signed or has a value of at least $1 million. Instructions for completing Form 1295 are available at: https:Hci.lubbock.tx.us/departments/purchasing/vendor-information 62. TEXAS GOVERNMENT CODE SECTION 2252.152 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. 63. TEXAS GOVERNMENT CODE SECTION 2271.002 Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 64. CONTRACTOR ACKNOWLEDGES Contractor Acknowledges by supplying any Goods or Services that the Contractor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Contractor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 65. TEXAS PUBLIC INFORMATION ACT The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. 66. CONFIDENTIALITY The Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. 67. INDEMNITY The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, to the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its agents, employees, and/or subcontractors, related to the performance, operations or omissions under this agreement and/or the use or occupation of city owned property. The indemnity obligation provided herein shall survive the expiration or termination of this agreement. 68. PROFESSIONAL RESPONSIBILITY All architectural or engineering services to be performed shall be done with the professional skill and care ordinarily provided by competent architects or engineers practicing under the same or similar circumstances and professional license. 69. TEXAS SENATE BILL 219 SUBCHAPTER B ITEMS B AND C (b) A contractor must, within a reasonable time of learning of a defect, inaccuracy, inadequacy, or insufficiency in the plans, specifications, or other design documents, disclose in writing to the person with whom the contractor enters into a contract the existence of any known defect in the plans, specifications, or other design documents that is discovered by the contractor, or that reasonably should have been discovered by the contractor using diligence, before or during construction. In this subsection, ordinary diligence means the observations of the plans, specifications, or other design documents or the improvement to real property that a contractor would make in the reasonable preparation of a bid or fulfillment of its scope of work under normal circumstances. Ordinary diligence does not require that the contractor engage a person licensed or registered under Title 6, Occupations Code, or any other person with specialized skills. A disclosure under this subsection is made in the contractor's capacity as contractor and not as a licensed professional under Title 6, Occupations Code. (c) A contractor who fails to disclose a defect as required by Subsection (b) may be liable for the consequences of defects that result from the failure to disclose. Contract Example Contract ##### STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this day of , 2021 by and between the City of 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 of the City of , County of and the State of 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: ITB 21-#####-IN TITLE and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. is proposal dated , 2021 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: CITY OF LUBBOCK, TEXAS (OWNER): Bv: PRINTED NAME: TITLE: COMPLETE ADDRESS: Company, Address City, State, Zip ATTEST: Corporate Secretary I0 Tray Payne, Mayor ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: DEPARTMENT Representative Name (Printed) Date APPROVED AS TO FORM: ATTORNEY, Assistant City Attorney NON -COLLUSION AFFIDAVIT STATE OF TEXAS LUBBOCK COUNTY being first duly sworn, on his/her oath, says that the bid above submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and s/he further says that the said respondent has not directly induced or solicited any firm on the above work or supplies to put in a sham, or any other person or corporation to refrain from a statement of qualifications; and that said firm has not in any manner sought by collusion to secure to self an advantage over any other firm or firms. Firm Name Signature Title Subscribed and sworn to before me this day of 2021 Notary Public My Commission Expires: NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN WITH THE SUBMISSION City of Lubbock, TX Purchasing and Contract Management Similar Projects and Reference Form Please list three references of current customers who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work. Please do not use the City of Lubbock. Company Name: Address: Contact Person and Title: Phone: Similar Project: Company Name: Address: Contact Person and Title: Phone: Similar Project: Company Name: Address: Contact Person and Title: Phone: REFERENCE ONE Email: REFERENCE TWO Email: REFERENCE THREE Email: Year Year Similar Project: Year City of Lubbock, TX Purchasing and Contract Management Safety Record Questionnaire 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 proposals 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 proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors 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 proposer 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. 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 offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other employees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following four (4) questions and submit them with their proposals: QUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO If the offeror has indicated YES for question number one above, the offeror must provide to City of Lubbock, with its proposal submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, 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 offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal 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. OUESTION THREE Has the offeror, or the firm, corporation, partnership, or institution represented by offeror, 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 offeror has indicated YES for question number three above, the offeror must provide to City of Lubbock, with its proposal 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. QUESTION FOUR Provide your company's Experience Modification Rate and supporting information: ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful 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 misrepresentations or omissions may cause my proposal to be rejected. Signature Title Company Name 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. PROPOSED LIST OF SUB -CONTRACTORS Location Services Provided Minority Owned Yes No ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR RESPONSE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO SUBMITTED BY: (PRINT NAME OF COMPANY) POST -CLOSING DOCUMENT REQUIREMENTS The below -listed document must be received in the Purchasing and Contract Management Office Not Later Than SEVEN BUSINESS DAYS after the close date when responses are due. FINAL LIST OF SUB -CONTRACTORS Pate Intentionally Left Blank FINAL LIST OF SUB -CONTRACTORS Minority Owned Company Name Location Services Provided Yes No 1. ° ° 2. ° ° 3. ° ° 4. ° ° 5. ° ° 6. ° ° 7. ° ° 8. ° ° 9. ° ° 10. ° ° 11. 12. 13. ° ° 14. ° ° 15. ° ° 16. ° ° SUBMITTED BY: (PRINT NAME OF COMPANY) THIS FORM SHALL BE COMPLETED AND RETURNED NOT LATER THAN SEVEN BUSINESS DAYS AFTER THE CLOSE DATE WHEN RESPONSES ARE DUE IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO Contractors Statement of Qualifications Individual contractors and joint ventures submitting a bid must complete the following evaluation information for the Project. Joint ventures shall be composed of not more than two firms and each firm must complete separate evaluations. Evaluation information must be submitted at time of bid submittal. Failure to submit the following Bidder Evaluation information may result in the OWNER considering the bid non -responsive and result in rejection of the bid by the OWNER. Bidders are to provide any additional information requested by the OWNER. In evaluating a firm's qualifications, the following major factors will be considered: A. FINANCIAL CAPABILITY: For this project, the CONTRACTOR'S financial capability to undertake the project will be determined by the CONTRACTOR'S ability to secure bonding satisfactory to the OWNER. B. EXPERIENCE: Do the organization and key personnel have appropriate technical experience on similar projects? C. SAFETY: Does the organization stress and support safety as an important function of the work process`? D. QUALITY OF WORK: (1) Does the organization have a commitment to quality in every facet of their work - the process as well as the product? (2) Does the organization have a written quality philosophy and/or principles that exemplifies their work? If so, submit as Attachment "A". (3) Has this organization ever received an award or been recognized for doing "quality" work on a project? If so, give details under Attachment "A". E. CONFORMANCE TO CONTRACT DOCUMENTS: (1) Does the organization have a commitment and philosophy to construct projects as designed and as defined in the Contract Documents? The OWNER reserves the right to waive irregularities in determining the firm's qualifications and reserves the right to require the submission of additional information. The qualifications of a firm shall not deprive the OWNER of the right to accept a bid, which in its judgement is the lowest and best bid, to reject any and all bids, to waive irregularities in the bids, or to reject nonconforming, non- responsive, or conditional bids. In addition, the OWNER reserves the right to reject any bid where circumstances and developments have in the opinion of the OWNER changed the qualifications or responsibility of the firm. Material misstatements on the qualifications forms may be grounds for rejection of the firm's bid on this project. Any such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of the contract. Additionally, the firm will be liable to the OWNER for any additional costs or damages to the OWNER resulting from such misstatements, including costs and attorney's fees for collecting such costs and damages. Complete the following information for your organization: Contractor's General Information Organization Doing Business As Business Address of Principle Office Telephone Numbers Main Number Fax Number Web Site Address Form of Business (Check One) If a Corporation Date of Incorporation A Corporation A Partnership An Individual State of Incorporation Chief Executive Officer's Name President's Name Vice President's Name(s) Secretary's Name Treasurer's Name PartnershipIf a Date of Organization State whether partnership is general or limited IndividualIf an Name Business Address Identify1 1uals not previously 11 which exert a significant amountof business controlover the organization Indicators of Organization Average Number of Current Full Time Average Estimate of Revenue for the Employees Current Year Contractor's Organizational Experience Organization Doing Business As Business Address of Regional Office Name of Regional Office Manager Telephone Numbers Main Number Fax Number Web Site Address Organization i List of names that this organization currently, has or anticipates operating under over the history of the organization, including the names of related companies presently doing business: Names of Organization From Date To Date List of companies, firms or organizations that own any part of the organization. Name of companies, firms or organization Percent Ownership Construction Experience Years experience in projects similar to the proposed project: As a General Contractor I As a Joint Venture Partner Has this or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization been released from a bid or proposal in the past ten years? If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever been disqualification as a bidder or proposer by any local, state, or federal agency within the last five ears? If yes provide full details in a separate attachment. See attachment No. Is this organization or your proposed surety currently in any litigation or contemplating litigation? If yes provide full details in a separate attachment. See attachment No. Has this or a predecessor organization ever refused to construct or refused to provide materials defined in the contract documents? If yes provide full details in a separate attachment. See attachment No. Contractor's Proposed Key Personnel Organization Doing Business As Proposed Project Organization Provide a brief description of the managerial structure of the organization and illustrate with an organizational cart. Include the title and names of key personnel. Include this chart at an attachment to this description. See attachment No. Provide a brief description of the managerial structure proposed for this project and illustrate with an organizational cart. Include the title and names of proposed key personnel and alternates. Include this chart at an attachment to this description. See attachment No. PersonnelExperience of Key Provide information on the key personnel proposed for this project that will provide the following key functions. Provide information for candidates for each of these positions on the pages for each of these key personnel. Also provide biographical information for each primary and alternate candidate as an attachment. The biographical information must include the following as a minimum: technical experience, managerial experience, education and formal training, work history which describes project experience, including the roles and responsibilities for each assignment, and primary language. Additional information highlighting experience which makes them the best candidate for the assignment should also be included. Role Primary Candidate Alternate Candidate Project Manager Project Superintendent Project Safety Officer Quality Control Manager If key personnel are to fulfill more than one of the roles listed above, provide a written narrative describing how much time will be devoted to each function, their qualifications to fulfill each role and the percentage of their time that will be devoted to each role. If the individual is not to be devoted solely to this project, indicate how time it to be divided between this project and their other assignments. Proposed Project Managers Organization Doing Business As Primary Candidate Name of Individual Years of Experience as Project Manager Years of Experience with this organization Number of similar projects as Project Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Reference Contact Information (listing names indicates ap roval to contacting the names individuals as a reference) Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Alternate Candidate Name of Individual Candidates role on Project Years of Experience as Project Manager Years of Experience with this organization Number of similar projects as Project Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project Proposed Project Superintendent Organization Doing Business As Primary Candidate Name of Individual Years of Experience as Project Superintendent Years of Experience with this organization Number of similar projects as Superintendent Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Reference Contact Information (listing names indicates ap roval to contacting the names individuals as a reference) Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Alternate Candidate Name of Individual Candidate role on Project Years of Experience as Project Superintendent Years of Experience with this organization Number of similar projects as Superintendent Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project Proposed Project Safety Officer Organization Doing Business As Primary Candidate Name of Individual Years of Experience as Project Safety Officer Years of Experience with this organization Number of similar projects as Safety Officer Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Reference Contact Information (listing names indicates ap roval to contacting the names individuals as a reference) Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Alternate Candidate Name of Individual Candidate role on Project Years of Experience as Project Safety Officer Years of Experience with this organization Number of similar projects as Safety Officer Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Name 0391MMIRRITOR M.- Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project Proposed Project Quality Control Manager Organization Doing Business As Primary Candidate Name of Individual Years of Experience as Quality Control Manager Years of Experience with this organization Number of similar projects as Quality Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Reference Contact Information (listing names indicates ap roval to contacting the names individuals as a reference) Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Alternate Candidate Name of Individual Candidate role on Project Years of Experience as Quality Control Manager Years of Experience with this organization Number of similar projects as Quality Manager Number of similar projects in other positions Current Project Assignments Name of Assignment Percent of Time Used for this Project Estimated Project Completion Date Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role on Project Candidate role on Project Contractor's Project Experience and Resources Organization Doing Business As Projects Provide a list of major projects that are currently underway, or have been completed within the last ten years on Attachment A Provide a description of your organizations approach to completing this project to provide best value for the Owner. Including a description of your approach in the following areas: 1. Contract administration 2. Management of subcontractor and suppliers 3. Time management 4. Cost control 5. Quality management 6. Project site safety 7. Managing changes to the project 8. Managing equipment 9. Meeting HUB / MWBE Participation Goal Equipment Provide a list of major equipment ro osed for use on this roject. Attach Additional Information if necessary Equipment Item Primary Use on Project Own Will Lease Division of Work between Organization and Subcontractor What work will the organization complete using its own resources? What work does the organization propose to subcontract on thisproject? Contractor's Subcontractors and Vendors Organization Doing Business As Project• • • Provide a list of subcontractors that will provide more than 10 percent of the work based on contract amounts Name Work to be Provided Est. Percent of Contract HUB/MWBE Firm Provide information on the proposed key personnel, project experience and a description of past relationship and work experience for each subcontractor listed above using the Project Information Forms. Equipment Vendors L.- Provide a list of major equipment ro osed for use on this project. Attach Additional Information if necessary Vendor Name Equipment / Material Provided Furnish Only Furnish and Install HUB/M WBE Firm 10 Attachment A Current Projects and Project Completed within the last 10 Years Project Owner Project Name General Description of Project: Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Project Owner Project Name General Description of Project: Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Project Owner Project Name General Description of Project: Project Cost Date Project Completed Key Project Personnel Project Manager Project Superintendent Safety Officer Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/ Position Organization Telephone E-mail Owner Designer Construction Manager Attachment B Protect Information Project Owner Project Name General Description of Project Project•g. • Schedule Performance Budget History Schedule Performance Amount % of Bid Amount Date Days Bid Notice to Proceed Change Orders Contract Substantial Completion Date at Notice to Proceed Owner Enhancements Contract Final Completion Date at Notice to Proceed Unforeseen Conditions Change Order Authorized Substantial Completion Date Design Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion Date Final Cost • Key Project Actual / Estimated Final Completion Date Project Manager Project Sup Safety Officer Quality Control Manager Name Percentage of Time Devoted to the Project Proposed for this Project Did Individual Start and Complete the Project? If not, who started or completed the project in their place. Reason for change. Reference Contact Information (listing names indicates approval to contacting the names Name Title/ Position individuals as a reference) Organization Telephone E-mail Owner Designer Construction Manager Surety Issues / Disputes Resolved or Pending Resolution by Arbitration, Litigation or Dispute Review Boards Number of Issues Total Amount involved in Number of Issues Total Amount involved in Resolved Resolved Issues Pending Resolved Issues No Text 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 has has not _submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subcontractors will be obtained prior to award of subcontracts. If the bidder has participated in a previous contract subject to the equal opportunity clause and has not submitted compliance reports due under applicable fling 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 37 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. 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. Bidder s may obtain from the owners a listing of articles, materials and supplies excepted from this provision. Product Country of Origin COMPANY NAME: FEDERAL TAX ID or SOCIAL SECURITY NO. Signature of Company Official: Printed Name of Company Official Signing Date Signed: 38 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). 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 SECURITY NO. Signature or Company Official: Printed name of company official signing above: Date Signed: 39 DAVIS BACON WAGE DETERMINATIONS EXHIBIT A Davis Bacon Wage Determinations LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT PeWI :rc111i1ic3 DAVIS BACON WAGE RATES — 2022 "General Decision Number: TX20220280 03/25/2022 Superseded General Decision Number: TX20210280 State: Texas Construction Type: Building Counties: Crosby and Lubbock Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). If the contract is entered I . Executive Order 14026 into on or after January 30, I generally applies to the 2022, or the contract is contract. renewed or extended (e.g., an 1. The contractor must pay I option is exercised) on or all covered workers at after January 30, 2022: least $15.00 per hour (or I the applicable wage rate I listed on this wage I I determination, if it is I I I higher) for all hours I I spent performing on the I I contract in 2022. If the contract was awarded on 1. Executive Order 13658 I or between January 1, 2015 and I generally applies to the (January 29, 2022, and the I contract. I contract is not renewed or I . The contractor must pay all extended on or after January covered workers at least 130, 2022: 1 $11.25 per hour (or the I I applicable wage rate listed I I on this wage determination, I I if it is higher) for all I I I hours spent performing on I I that contract in 2022. I I � The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the DB-1 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 0401:rcR1111c3 contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts. Modification Number Publication Date 0 01/07/2022 1 02/25/2022 2 03/25/2022 BOI L0074-003 01/01/2021 Rates Fringes BOILERMAKER ...................... $ 29.47 24.10 ---------------------------------------------------------------- * CARP0665-001 01/01/2022 Rates Fringes CARPENTER ........................ $ 24.98 7.83 ---------------------------------------------------------------- ELEC0602-008 03/01/2020 Rates Fringes ELECTRICIAN ...................... $ 23.12 3%+10.75 ---------------------------------------------------------------- ENG10178-005 06/01/2020 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane ............. $ 32.85 13.10 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above ..... $ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under .............. $ 32.35 13.10 ---------------------------------------------------------------- I RO N0084-01106/01/2021 Rates Fringes IRONWORKER, ORNAMENTAL ........... $ 26.01 7.56 DB-2 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT pexil:rc111i1ic3 IRON0263-003 06/01/2020 Rates Fringes IRONWORKER, STRUCTURAL ........... $ 25.14 7.43 ---------------------------------------------------------------- P L U M 0404-00109/01/2020 Rates Fringes PLUMBER .......................... $ 26.05 8.81 ---------------------------------------------------------------- SH E E0049-00104/01/2019 Rates Fringes SHEET METALWORKER (HVAC Duct Installation Only) ............... $ 21.73 14.94 ---------------------------------------------------------------- * SUTX2014-060 07/21/2014 Rates Fringes BRICKLAYER ....................... $ 20.04 0.00 CEMENT MASON/CONCRETE FINISHER ... $ 19.60 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) ............... $ 19.77 7.13 IRONWORKER, REINFORCING .......... $ 12.27 ** 0.00 LABORER: Common or General ...... $ 12.35 ** 0.00 LABORER: Mason Tender - Brick ... $ 11.36 ** 0.00 LABORER: Mason Tender - Cement/Concrete..................$ 10.58 ** 0.00 LABORER: Pipelayer..............$ 12.49 ** 2.13 LABORER: Roof Tearoff........... $ 11.28 ** 0.00 OPERATOR: Backhoe/Excavator/Trackhoe....... $ 14.25 ** 0.00 OPERATOR: Bobcat/Skid DB-3 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 09111:rc111i1ic3 Steer/Skid Loader ................$ 13.93 ** 0.00 OPERATOR: Bulldozer ............. $ 18.29 1.31 OPERATOR: Drill ................. $ 16.22 0.34 OPERATOR: Forklift ..............$ 14.83 ** 0.00 OPERATOR: Grader/Blade .......... $ 13.37 ** 0.00 OPERATOR: Loader ................$ 13.55 ** 0.94 OPERATOR: Mechanic .............. $ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) ......... $ 16.03 0.00 OPERATOR: Roller ................$ 12.70 ** 0.00 PAINTER (Brush, Roller, and Spray) ...........................$ 14.27 ** 0.00 ROOFER ...........................$ 13.75 ** 0.00 SHEET METALWORKER, Excludes HVAC Duct Installation ........... $ 21.13 6.53 TILE FINISHER ....................$ 11.22 ** 0.00 TILE SETTER ......................$ 14.00 ** 2.01 TRUCK DRIVER: Dump Truck ........ $ 12.39 ** 1.18 TRUCK DRIVER: Flatbed Truck ..... $ 19.65 8.57 TRUCK DRIVER: Semi -Trailer Truck ............................$ 12.50 ** 0.00 TRUCK DRIVER: Water Truck ....... $ 12.00 ** 4.11 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15.00) or 13658 DB-4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 ($11.25). Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. 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)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which DB-5 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 0401:rcR1111c3 these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-001008/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. 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 National Office because National Office has 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: DB-6 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. 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" DB-7 EXHIBIT C City of Lubbock Overtime Legal Holiday Prevailing Wage Rates The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. The rate for legal holidays shall be as required by the Fair Labor Standards Act. Page Intentionally Left Blank CERTIFICATION OF NONSEGREGATED FACILITIES — 41 CFR PART 60-1.8 Notice to Prospective Federally Assisted Construction CONTRACTORS 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. 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, 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 Clause and that she or he will retain such certifications in his files. COMPANY NAME: FEDERAL TAX ID OR SOCIAL SECURITY Signature or Company Official: Printed name of company official signing above: Date Signed: 40 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. WO M ' M IMMALMI�li FEDERAL TAX ID OR SOCIAL SECURITY NO. Signature or Company Official: Printed name of company official signing above: Date Signed: 41 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 women owned, or are certified DBEs 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 a . rgreed: 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 3.75 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. 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. Written notice to DBE's allowing sufficient time for reply. 4. Follow up of initial solicitation. 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. DISADVANTAGED BUSINESS ENTERPRISE UTILIZATION ITB TITLE: The undersigned has satisfied the requirements of the specifications in the following manner (please check the appropriate space): ❑ The bidder is committed to minimum of (City of Lubbock's goal) 3.75% DBE utilization on this project. ❑ The bidder (if unable to meet the City's goal of 3.75% DBE) is committed to a minimum of % DBE utilization on this project and has submitted documentation showing good faith effort. Contractor By (Signature) Address City: Telephone (including area code): Federal Tax ID/SSN: (Title) State: Zip Code: LETTER OF INTENT ITB TITLE: Name of Bidders' Firm: Bidder's Address: City: State: Telephone (with area code): Name of Subcontractor/DBE Firm: Address: City: Telephone (including area code): State Description of work to be performed by DBE firm: Zip: Zip: Bidder intends to utilize the above -named subcontractor/DBE firm for the work described above. The estimated amount of work is valued at $ If the above -named bidder is not determined to be the successful bidder. the Letter of Intent shall be null and void. Complete and submit this form for each subcontractor you propose to use on this project: (Copy this page for each subcontractor)/DBE firm) Contractor: Date: BIDDERS LIST ITB TITLE: All firms bidding or quoting on subcontracts for this DOT -assisted project are listed below. Firm Name Address Certified DBE (Y or N) Age of Firm GRS* Note: This form is not necessary if the recipient establishes a bidders list using another methodology (e.g., statistically sound survey of firms, widely disseminated request of firms to report information to the recipient, etc.) as defined in the recipient's DBE plan. *GRS — Annual Gross Receipts Enter 1 for less than $1 million Enter 2 for more than $1 million, less than $5 million Enter 3 for more than $5 million, less than $10 million Enter 4 for more than $10 million, less than $15 million Enter 5 for more than $15 million City of Lubbock, TX Purchasing and Contract Management Statement of No Bid The City of Lubbock is very conscious and extremely appreciative of the time and effort you expend in preparing and submitting bids to the city. If you do not intend to bid on this requirement, please complete and return this form prior to date shown for receipt of bid to: Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. We, the undersigned, have declined to bid on your project for the following reason(s): Specifications too "tight", i.e. geared toward one brand or manufacturer only. (Please explain reason below) Specifications unclear. (Please explain below) Insufficient time to respond to Invitation to Bid. We do not offer this product/s or equivalent. (If you wish to remain on bidders list for other commodities and/or services, please state particular product and/or service under which you wish to be classified.) Our product schedule would not permit us to perform. Unable to meet specifications. Job too large. Job too small. Cannot provide required bonding. Cannot provide required insurance. Bidding through dealer. Do not wish to do business with the City of Lubbock. (Please explain below) Other (Please specify below) REMARKS: Company Name: Address: City: Contact Name: State: Zip Title: Business Telephone Number FAX: Internet Address: Company's Internet Web Page URL: LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY SIGN REPLACEMENT SECTION 000300 — BID FORM 2231874.003 Pursuant to and in compliance with the Invitation to Bid and the proposed Contract Documents relating to construction of: LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY SIGN REPLACEMENT LUBBOCK, TEXAS Including Addendum No. through Addendum No BASE BID The undersigned, having become thoroughly familiar with the terms and conditions of the proposed Contract Documents and with local conditions affecting the performance and costs of the work at the place where the work is to be completed and having fully inspected the site in all particulars, hereby proposes and agrees to fully perform the work within the time stated and in strict accordance with the proposed Contract Documents, including furnishing any and all labor and materials, and to do all of the work required to construct and complete said work in accordance with the Contract Documents, for the following sum of money: A. Base Bid Item 1: Roadway Sign Replacement, Lump Sum of ................... $ SCHEDULE BIDDER will commence work no later than days from Notice of Commencement issued bythe Owner. BIDDER will complete the work for each project within the following time periods after receipt of Notice of Commencement: A. Roadway Sign Replacement .................................................. calendar days The names of all persons interested in the foregoing bid as principals are: licensed in accordance with an act for the registration of contractors, and with license number in the State of Texas. SIGN HERE: Signature of Bidder BID FORM 000300 - 1 BID SET LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY SIGN REPLACEMENT 2231874.003 NOTE: If bidder is a corporation, set forth the legal name of the corporation together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation in the State of the project location. If bidder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership in the State of Texas. Business address: Telephone number: Date of proposal: END OF SECTION 000300 BID FORM 000300 - 2 BID SET LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT STATE OF COUNTY OF and says that he is of AFFIDAVIT AFFIDAVIT FOR CORPORATION (Official Title) (Name of Corporation) ss. being duly sworn, deposes a corporation duly organized and doing business under the laws of the State of the corporation making the within and foregoing bid; that he executed said bid in behalf of said corporation by authority of its Board of Directors; that said bid is genuine and not sham or collusive and is not made in the interests of or on behalf of any person not herein named, and that he has not and said bidder has not directly or indirectly induced or solicited any bidder to put in a sham bid; that he had not and said bidder has not directly or indirectly induced or solicited any other person or corporation to refrain from bidding; that he has not and said bidder has not in any manner sought by collusion to secure to himself or to said corporation an advantage over other bidders. Subscribed and sworn to before me this *Notary Public County of My Commission expires (Authorized Signature) State of day of *Note: If executed outside the State of Texas, certificate by Clerk of the Court of Record, authenticating the Notary's signature and authority, should be attached. AFFIDAVITS AFF - 1 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 AFFIDAVIT FOR PARTNERSHIP STATE OF COUNTY OF and says that he is a member of the firm of ss. being duly sworn, deposes a co -partnership, making the above bid; that he is duly authorized to make said bid in behalf of said co -partnership; that said bid is genuine and not sham of collusive and not made in the interests of or on behalf of any person not therein named, and that he has not and said bidder has not directly or indirectly induced or solicited any bidder to put in a sham bid; that he has not and said bidder has not directly or indirectly induced or solicited any other person or corporation to refrain from bidding, and that he has not and said bidder has not in any manner sought by collusion to secure to himself or to said bidder any advantage over other bidders. Subscribed and sworn to before me this *Notary Public County of My Commission expires (Authorized Signature) State of day of *Note: If executed outside the State of Texas, certificate by Clerk of the Court of Record, authenticating the Notary's signature and authority, should be attached. AFFIDAVITS AFF - 2 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 AFFIDAVIT FOR INDIVIDUAL STATE OF COUNTY OF ss. being duly sworn, deposes and says that he is the person making the above bid; and that said bid is genuine and not sham or collusive, and is not made in the interest of or on behalf of any person not therein named, and that he has not directly or indirectly induced or solicited any bidder to put in a sham bid; that he has not directly or indirectly induced or solicited any other person or corporation to refrain from bidding, and that he has not in any manner sought by collusive to secure to himself any advantage over other bidders. (Authorized Signature) Subscribed and sworn to before me this day of *Notary Public County of My Commission expires State of *Note: If executed outside the State of Texas, certificate by Clerk of the Court of Record, authenticating the Notary's signature and authority, should be attached. END OF SECTION AFFIDAVITS AFF - 3 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 THIS PAGE INTENTIONALLY BLANK. AFFIDAVITS AFF - 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 LEGAL STATUS OF BIDDER A corporation duly organized and doing business under the laws of the State of for whom bearing the official title of whose signature is affixed to this proposal, is duly authorized to execute contracts. A partnership, all of the members whose addresses are: An individual, whose signature is affixed to this proposal. (The Bidder shall fill out the appropriate form and strike out the other two.) LEGAL STATUS OF BIDDER LSB- 1 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT SUBCONTRACTOR STATEMENT SIGN ONE OF THE FOLLOWING STATEMENTS THE UNDERSIGNED AFFIRMS THAT IN MAKING OUT THIS PROPOSAL HIS COMPANY WILL PERFORM THE MAJOR WORK ON THIS PROJECT WITH HIS OWN WORK FORCES: PRIME CONTRACTOR By Date THE UNDERSIGNED AFFIRMS THAT HE WILL EMPLOY THE FOLLOWING SUBCONTRACTORS TO PERFORM THE MAJOR WORK ON THIS PROJECT. SUBCONTRACTOR Company Name Address Telephone Number Federal ID Number SUBCONTRACTOR Company Name Address Telephone Number Federal ID Number SUBCONTRACTOR Company Name Address Telephone Number Federal ID Number PRIME CONTRACTOR By Date PLEASE NOTE: FORM MUST BE COMPLETED IN ITS ENTIRETY. SUBCONTRACTOR STATEMENT SCS - 1 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT SPECIAL BONDING PROVISION 2231874.003 In addition to the security required by Act 213, P.A. 1963, and Section 30-08 of the General Provisions for Airport Construction, the successful bidder on this project shall furnish a satisfactory lien bond written by the same surety as the standard statutory performance bond, in an amount not less than the total contract price, which additional bond shall secure the payment of all claims: 1. Lienable under the terms of said statute. 2. Notice of which is not given by subcontractors within the statutory period, but (a) Notice of which is not given by subcontractors within sixty (60) days after notice of the payment of the final estimate or post final estimate having been made by the Department of Transportation; or (b) In the case of a supplier to the contractor or a subcontractor, within 120 days after the materials are last furnished. LUBBOCK PRESTON SMITH INT'LAIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT THIS PAGE INTENTIONALLY BLANK. 2231874.003 Said addition bond shall conform with the terms of said statute in all respects except the time within which the notice of lien claims must be given, as provided herein. SPECIAL PROVISIONS FOR TAXES 1 OF 1 04/01 /94 01 /23/97 03/25/04 The Contractor shall include, and will be deemed to have included, in its bid and contract price all applicable Texas Sales and Use taxes which have been enacted into law as of the date the bid is submitted. To the extent of any conflict, this Special provision controls over Section 70-01 of the General Provisions for Construction of Airports. THIS PAGE INTENTIONALLY BLANK LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT NOTICE TO BIDDERS CERTIFIED PAYROLLS A. Certified weekly payrolls covering the contractor's and all subcontractor's work forces shall be submitted to the Project Architect / Engineer along with the Weekly Employment and OJT Report (form 1199) on all federally funded projects, except these requirements shall not apply to any contract of $2,000 or less, or airport sponsor negotiated projects in accordance with CFR 29, Part 3. B. Certified weekly payrolls covering the contractor's and the subcontractor's work force will not be required of STATE FUNDED PROJECTS. However, the weekly employment and OJT Report (form 1199) shall be submitted to the Project Engineer on all STATE FUNDED PROJECTS of $10,000 or more and employing three or more people. C. On those contracts involving two or more projects and job numbers and the type of funding is mixed, the necessity for submission of payrolls will be determined on a contract by contract basis. If the Department puts only the wage rates issued by the U.S. Department of Labor in the proposal, payrolls must be submitted on all projects and the federal requirements apply. If the Department includes both the wage rates issued by the U.S. Department of Labor and the Texas Department of Labor, then the wage requirements apply to the respective federally funded and non -federally funded project. All payrolls submitted shall identify minority and female employees by preceding the name with an ethnic code notation. Ethnic code groups are (B) Black, (H) Hispanic, (NA) American Indian or Alaskan Eskimo, and (A) Asian or Pacific Islander. Use (F) for female. All payrolls shall also identify each employee's work classification, including level, i.e., Laborer Group 1, 2, etc., Operating Engineer Group 1, 2, etc., Truck Driver under 8 cu. yds., etc. Payrolls on federally funded projects are used for determining compliance with federal wage standard provisions. These requirements are supplemental to other required contract provisions carried in this bid proposal. CERTIFIED PAYROLLS LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT THIS PAGE INTENTIONALLY BLANK 2231874.003 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT NOTICE TO BIDDERS BUY AMERICAN-STEEL AND MANUFACTURED PRODUCTS FOR CONSTRUCTION CONTRACTS (JAN 1991) (A) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the airport Improvement Program. The following terms apply: 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) shall be treated as domestic. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of Components: This means the costs for production of the components, exclusive of final assembly labor costs. (B) The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the contractor, subcontractors, material men and suppliers in the performance of this contract, except those - 1. That the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; 2. That the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or 3. That inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. BUY AMERICAN 1-1 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT BUY AMERICAN CERTIFICATE By submitting a bid on this proposal package, except for those items listed by the bidder below, the bidder certifies that steel and each manufactured product, is 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. Should the successful bidder propose to use any products not produced in America, this list should be submitted to the contact person (listed in the proposal), within ten (10) working days after the bid opening date. Bidders many obtain a list of articles, materials, and supplies excepted from this provision. PRODUCT COUNTY OF ORIGIN If any products are submitted the successful bidder should also attach a complete rationale for using products not produced in America. These materials will not be allowed to be incorporated into the project until approval has been received from the Federal Aviation Administration. Failure to receive approval from the Federal Aviation Administration will not relieve the contractor from completing the job as specified at the contract unit price January 1993 BUY AMERICAN CERTIFICATE 1-1 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 APPENDIX A September 1998 PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS In connection with the performance of work under this contract; the contractor agrees as follows: In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, or marital status, Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478, Public Acts of 1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of a disability that is unrelated to the individual's ability to perform the duties of a particular job or position. A breach of the above covenants shall be regarded as a material breach of this contract. 2 The contractor hereby agrees that any and all subcontractors to this contract, whereby a portion of the work set forth in this contract is to be performed, shall contain a covenant the same as hereinbefore set forth in Section I of this Appendix. 3 The contractor will take affirmative action to insure that applicants for employment and employees are treated without regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated to the individual's ability to perform the duties of a particular job or position, such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 4 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 consideration for employment without regard to race, color, religion, national origin, age, sex, height, weight, marital status or disability that is unrelated to the individuals ability to perform the duties of a particular job or position. 5 The contractor or his collective bargaining representative will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the contractor's commitments under this appendix. 6 The contractor will comply with all relevant published rules, regulations, directives, and orders of the Texas Commission on Human Rights which may be in effect prior to the taking of bids for any individual state project. 7 The contractor will furnish and file compliance reports within such time and upon such forms as provided by the Texas Commission on Human Rights, said forms may also elicit information as to the practices, policies, program, and employment statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to his books, records, and accounts by the Texas Commission on Human Rights, and/or its agent, for purposes of investigation to ascertain compliance with this contract and relevant with rules, regulations, and orders of the Texas Commission on Human Rights. 8 In the event that the Human Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not complied with the contractual obligations under this agreement, the Human Rights Commission may, as part of its order based upon such findings, certify said findings to the Administrative Board of the State of Texas, which Administrative Board may order the cancellation of the contract found to have been violated, and/or declare the contractor ineligible for future contracts with the state and its political and civil subdivisions, departments, and officers, and including the governing boards of institutions of higher education, until the contractor complies with said order of the Human Rights Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the contractor is declared ineligible to contract as a contracting party in future contracts. In any case before the Human Rights Commission in which cancellation of an existing contract is a possibility, the contracting agency shall be notified of such possible remedy and shall be given the option by the Human Rights Commission to participate in such proceedings. 9 The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (1) through (8) in every subcontract or purchase order unless exempted by the rules, regulations or orders of the Texas Commission on Human Rights, and will provide in every subcontract or purchase order that said provisions will be binding upon each subcontractor orseller. APPENDIX A September 1998 PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS THIS PAGE INTENTIONALLY BLANK LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 APPENDIX B CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his/her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 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 federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form To Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his/her bid or proposal that he/she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub -recipients shall certify and disclose accordingly. CERTIFICATION FOR FEDERAL -AID CONTRACTS THIS PAGE INTENTIONALLY BLANK LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 TEXAS DEPARTMENT OF TRANSPORTATION AIRPORTS DIVISION -AIRPORTS PROGRAM FEDERAL REQUIREMENTS CIVIL RIGHTS ACT OF 1964, TITLE VI - 49 CFR PART 21 CONTRACTUAL REQUIREMENTS (VERSION 1, 1/5/90) During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from tim e to time (hereina fter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in flee selection and retention of subcontractors, including procurement 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 aprogram set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under 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. Information and Reports. The contractor shall provided 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 orrefuses 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. 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 imp lies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurement 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 fornoncompliance 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. AIRPORTAND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 GENERAL CIVIL RIGHTS PROVISIONS (VERSION2, 4/23/90) The contractor/tenant/concessionaire/lessee assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the tenant/concessionaire/lessee orits transferee for theperiod during which Federal assistance is extended to the airport 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 airp ort 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 p eriod through the completion of the contract. INSPECTION OF RECORDS - 49 CFR PART 18 (VERSION I, 1/5/90) The contractor shall maintain an acceptable cost accounting system. The Sponsor, the FAA, and the Comptroller General of the United States shall have access to any books, documents, paper, and records of the contractor which are directly pertinent to the specific contract for the purposes of making an audit, examination, excerpts, and transcriptions. The contractor shall maintain all required records for three years after the Sponsor makes final payment and all other pending matters Te closed. RIGHTS TO INVENTIONS - 49 CFR PART 18 (VERSION 1, 1/5/90) All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the Sponsor of the Federal grant under which this contract is executed. Information regarding these rights is available from the FAA and the Sponsor. BREACH OF CONTRACT TERMS SANCTIONS - 49 CFR PART 18 FAA APPROVED: 1 /25/91 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 (VERSION 1, 1/5/90) Any violation or breach of the terms of this contract on the part of the contractor or subcontractor may result in the suspension or termination of this contractor such other action which may be necessaryto enforcethe rights of the parties of this agreement. DBE REQUIRED STATEMENTS - 49 CFR PART 26 3/4/1999 Policy. It is thepolicy of the Department of Transportation 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 recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts financed in while or in part with Federal funds provided under this agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 2 6 to ensure that disadvantaged business enterprises haw the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the b asis of race, color, national on gin, or sex in the award and performance ofDOT-assisted contracts. TRADE RESTRICTION CLAUSE - 49 CFR PART 30 (VERSION 1, 1/5/90) 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 ruore citizens or nationals of a foreign country on said list; c. has not procured any product nor sub contracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restriction 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 sub contractor unles s it has knowledge that the certification is erroneous. The contracor 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 anytime 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 b y 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 matterwithin the jurisdiction of an agency of the Unit ed States of America and the maki ng of a false, fictitious, or fraudulent certification may render the maker subject to prosection under Title 18, United States Code, Section 1001. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29 (VERSION 1, 1/5/90) For all contracts in excess of $25,000: The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligiblq 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 lowertier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/contractor or any lower tierparticipant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION515 - VETERAN'S PREFERENCE (VERSION 1, 1/5/90) In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. TERMINATION OF CONTRACT- 49 CFR PART 18 (VERSION 1, 1/5/90) For contracts in excess of $10,000 the contractor hereby agrees to the following: 1. The Sponsor may, by written notice, terminate this contract in whole or in part at nay time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 2. If the termination is for the convenience ofthe Sponsor, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. 3. If the termination is due to failure to fulfil the contractor's obligations, the Sponsor may take over the work and prosecute the same to completion by contractor otherwise. In such case, the contractor shall be liable to the Sponsor for any additional cost occasioned to the Sponsor thereby. 4. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price shall be made as provided in paragraph 2 ofthis clause. 5. The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided bylaw or under this contract CLEAN AIR AND WATER POLLUTION CONTROL REQUIREMENTS (VERSION 2, 4/23/90) For contracts in excess of $100,000 the 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 scq. 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 orbenefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To included or cause tobe included in any construction contract or subcontract which exceeds 100,000 the aforementioned criteria and requirements. DAVIS BACON REQUIREMENT - 2 9 CFR PART 5 (VERSION 2, 4/23/90) This section shall applyto all contracts in excess of $2,000: (1) Minimum Wages. (I) AR laborer 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 pennitted by the Secretary of Laborunder 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 laborer and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis - Bacon Act on b ehalf of laborers or mechanics are considered wages paid to laborers or mechanics, subject to the provisions of paragraph (lxiv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 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 set forth the time spent in each classification in wbich work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(i) of this section) and the Davis -Bacon poster (WH 1321) shall be posted at all times bythe 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 contacting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteriahave been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determinations; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefit 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, ordisapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140). (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives and the contracting officer do not agree onthe 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 ofreceipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(B) or © 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 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 contract or does not make p ayments to a tms tee 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 ofthe 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. (Approved by the Office of Management and Budgetunder OMB Control Number 1215-0140). (2) Withholding. The Federal Aviation Administration orthe Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed bythe 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 bythe 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 numb er of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or casts anticipated far bona fide fringe benefits or cash equivalents thereof of the types described in l (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 apprenti ces and train ees, and the rat ios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215- 0140 and 1215-0017). (ii)(A) The contractor shall submit weekly, for each week in which any contractwork is performed, a copy of allpayrolls 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(ax3)(I) above. This information may be submitted in anyform 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. Theprime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed bythe 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 (3XI) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed an 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 byparagraph (3xii)(B) ofthis 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. (ii) 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 representativesto 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 fiords. 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 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 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 in apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenficeship and Training or a Stoke 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 notbe greater than the ratio permitted to the contractor as to the entire Aurk force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprent ice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be pai d 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 forthe applicable apprentice classification, fringes shall be paid in accordance with that determination. In be 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 lass 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 paidfringe 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 deter mina tion for th e clas sifi cati on of work a ctua lly per forme d. 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 conformitywith 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) ofthis section and paragraphs (1)through (5) of the next section belowmay be grounds for termination of the contract, and for the debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance With Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis-B aeon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein inc orporated 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, cr the employees or their representatives. (10) Cert ificat ion of Eli gibilit y. (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 p erson or firm inch gible 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 formaking false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS - 29 CFR PART 5 (VERSION I, 1/5/90) For contracts in excess of $2,000 the contractor hereby agrees to the following: (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 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph 1 above, the contractor or any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damag s 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 subcontract or 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 maybe determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. (4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4. (5) Working Conditions. No contractor or subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1926) issued by the Department of Labor. EQUAL EMPLOYMENT OPPORTUNITY 41 CFR PART 60 - 1.4(b) (VERSION 1, 1/5/90) This section shall applyto contracts in excess of$10,000. During the performance of this contract, the contractor agrees as follows: 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 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. 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 ac tion with respec t to any subcontract or purc base 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 interest of the United States. NOTICES TO BE POSTED PER PARAGRAPHS (1) AND (3) OF THE EEO CLAUSE 41 CFR PART 60 - 1.4(b) (VERSION 1, 1/5/90) Equal Employment Opportunity is the Law - Discrimination is Prohibited In y the Civil Right s Act of 1964 an d by Executive Ord er No. 11246 Title VII of the C ivil Righ is Act of 1964 - Adm inister ed by: The Equal Employment Opportunity Commission Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin by Employers with 25 or more employees, by Labor Organization with a hiring hall of 25 or more members, by LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 Employment Agencies, and by Joint Labor -Management Committees for Apprenticeship or Training. Any person Who believes he or she has been discriminated against should contact: The Office of Federal Contract Compliance Programs U.S. Department of Labor Washington, D.C. 20210 NOTICE FOR SOLICITATIONS FOR BIDS (BID NOTICE) - 41 CFR PART 60-4.2 (VERSION 1, 1/5/90) This section applies to all contracts in excess of$10,000 1. The offeror's or Bidders' 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 fa the contractor's aggregate workforce in each trade on all cons truction work in the covered area, are as follows: GOALS FOR FEMALE PARTICIPATION FOR EACH TRADE Geographical Area Goals (Percentage) Statewide 6.9 GOALS FOR MINORITY PARTICIPATION FOR EACH TRADE Geographical Area (By Counties) Goals (Percent) Lapeer, Livingston, Macomb, Oakland, St. Clair, Wayne 17.7 Sanilac 16.7 Saginaw 14.3 Genesee, Shiawassee 12.6 Muskegon, Oceana 9.7 Monroe 8.8 Washtenaw 8.5 Lenawee 7.3 Barry, Calhoun 7.2 Berrien, Cass, St. Joseph 6.2 Kalamazoo, VanBuren 5.9 Clinton, Eaton, Ingham, Ionia 5.5 Branch, Hillsdale 5.5 Alcona, Alpena, Arenac, Cheboygan, Chippewa, Clare, Crawford, Gladwin, Gratiot, Huron, Iosco, Isabella, Luce, Mackinac, Midland, Montmorency, Ogemaw, Oscoda, Otsego, Presque Isle, Roscommon, Tuscola 5.2 Kent, Ott awa 5.2 Jackson 5.1 Allegan, Antrim, B enzie, Charlevoix, Emmet, Grand Traverse, Kalkaska, Lake, Leelan an, Manistee, Mason, Meco sta, Missaukee, Montcalm, Newaygo, Osceola, Wexford 4.9 Bay 2.2 Gogebic, Ontonagon 1.2 Alger, Barn ga, Delta, Dickinson, Houghton, Iron, Keweenaw, Marquette, Menominee, Schoolcraft 1.0 These goals are applicable to all the contractor's construction work (whetheror not it is federal orfederally-assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the geographical area where the work is actually performed. With regard tothis second area, the contractor also is subject to the goals for both its federally - involved and nonfederdly-involved construction. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training shall be substantiallyuniform 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 eachof 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 $10,00 0 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and the telephone number of the subcontractor, employer identification number ofthe 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 inthe contract resulting from this solicitation, the "covered area" is (insert description of the geographical areas where the contract is to be performed giving the state, county, and city, if any). NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS - 41 CFR 60-1.8 (VERSION 1, 1/5/90) This section applies to all contracts in excess of$10,000. 1. By submission of this bid, the execution of this contract or subcontract, or the consummati on of this material supply agreement or purchase order, as appropriate, the bidder, Federal - aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex. LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 2. As used in this certification, the term "segregated facilities" means any waiting rooms, Aork areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker roams, 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 directive, or are, in fact, segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. 3. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements exceeding $10,000 and that it will retain such certifications in its files. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (41 CFR 60-4.3) (VERSION 2, 4/23/90) This section applies to all contracts in excess of $10,000 1. As used in these specifications: a. "Covered area" means that the geographical area described in the solicitation from which this contract resulted; b. "Director" means director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority includes: (1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having 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 pesons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations througjn 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 US. Department of Labor in the covered area either individually or through an association, its affirmative ac tion obligati ons on all work in t he 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 approvedplan 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 In as 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 faihue to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, an d such noti ces may be obtain ed from any Office ofFederal 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 orthe regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their 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, wherepossible, 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 carryout 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 notificafion 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 bythe contractor, this LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 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 -jab training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources complied 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 as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including in inority and fem ale news media, an d providing wri tten notification to and discussing the contractor's EEO policywith 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 dat 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 procedure, 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. 1. 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. in. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effectby 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 nonsegregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. 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 (7a through p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a througr p of these specifications provided thatthe contractor actively participates inthe group, makes every effort to assure that the group has a positive impact on the emp loyment of in inoriti es and wome n in the indust ry, ensures that the concrete benefits of the program are reflected in the contractor's minorityand femaleworkforce 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 taker 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 havebeen established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, 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 specific minority group of women is underutilizod. 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contactor shall not enter inn any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contactor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 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 Omer, 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 bang carried cut, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sexes, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates ofchange in status, hours worked per week in the indicated trade, rate of pay, and locations atwhich the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall 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). H:\ADD\ROXI\ProposalPag:s\FEDERALREQUIREMENTS.wpd 10 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 GENERAL REQUIREMENT FOR RECIPIENTS Excerpts from USDOT Regulation 49 CFR, Part 26 I of 5 A. 26.5 What Do The Terms Used In This Part Mean? *(Replaces 23.5 and 23.62) Insert the following portions: Disadvantaged Business Enterprise or DBE means a for -profit small business concern - (1) That. is atleast 51 percent owned by one or more individuals who are both socially and economically disadvantaged or in the case of a corporation, in which 51 percent of the stock is owned by one or more such individuals; and (2) Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. Small Business Concern means, with respect to fines seeking to participate as DBEs in DOT- assisted contracts, a small business concern as defined pursuant to section 3 of the Small Business Act and Small Business Administration regulations implementing it (13 CFR part 121) that also does not exceed the cap on average annual gross receipts specified in §26.65 (b). Socially and economically disadvantaged individual means any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who is - (1) Any individual who a recipient finds to be a socially and economically disadvantaged individual on a case -by -case basis. (2) Any individual in the following groups, members of which are mbuttably presumed to be socially and economically disadvantaged: (i) "Black Americans," which includes persons having origins in any of the Black racial tv groups of Africa; (ii) "Hispanic Am ericans," which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; (iii) "Native Americans, " which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; (iv) "Asian --Pacific Americans " which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U. S. Trust Territories of the Pacific Islands, Macao, Fiji, Tonga, Kiribati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong; (v) "SubcwntinentAsian Americans, " which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka; (vi) Women; (vii) Any additional groups whose members are designated as socially and economically disadvantaged by the SBA, at such time as the SBA designation becomes effective. Tribally -owned concern means any concern at least 51 percent owned by an Indian tribe as defined in this section. You refers to a recipient, unless a statement in the text of this part or the context requires otherwise (i.e.,'you must do XYZ means that recipients must do XYZ). B. 26.1. What are the Objectives of this Part? *(Replaces 23.43) This part seeks to achieve several objectives: (a) To ensure nondiscrimination in the award and administration of DOT -assisted contracts in the Department's highway, transit, and airport financial assistance programs; (b) To create a level playing field on which DBEs can compete fairly for DOT -assisted contracts; LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 2 of 5 (c) To ensure that the Department's DBE program is narrowly tailored in accordance with applicable law; (d) To ensure that only firms that fully meet this part's eligibility standards are pennitted to participate as DBEs; (e) To help remove barriers to the participation of DBEs in DOT -assisted contracts; (f) To assist the development of firms that can compete successfully in the marketplace outside the DBE program; and (g) To provide appropriate flexibility to recipients of Federal financial assistance in establishing and providing opportunities for DBEs. 26.3 To W horn Does this Part Apply? *(Replaces 23.43) (a) If you are a recipient of any of the following types of funds, this part applies to you: (1) Federal -aid highway funds authorized under Titles I (other than Part B) and V of the lntermodal Surface Transportation Efficiency Act of 1991 (ISTEA), Pub. L. 102-240, 105 Stat. 1914, or Titles 1, III, and V of the Transportation Equity Act for the 21" Century (TEA-21), Pub. L. 105-178, 112 Stat. 107. (2) Federal transit funds authorized by Titles 1, III, V and VI of ISTEA, Pub. L. 102--240 or by Federal transit laws in Title 49, U.S. Code, or Titles I, III, and V of the TEA--21, Pub. L. 105-178. (3) Airport funds authorized by 49 U.S.C. 47101, et seq. (b) [Reserved] (c) If you are letting a contract, and that contract is to be performed entirely outside the United States, its territories and possessions, Puerto Rico, Guam, or the Northern Marianas Islands, this part does not apply to the contract. (d) If you are letting a contract in which D OT financial assistance does not participate, this part does not apply to the contract. 26.13 What Assurances Must Recipients and Contractors Make? *(Replaces 23.43) (a) Each financial assistance agreement you sign with a DOT operating administration (or a primary recipient) must include the following assurance: The recipient shalt not discriminate on the basis of race, color, national origin, or sex in the award and performance of anyDOT--assisted contract or in the administration of its DBE program or the requirements of 49 CFR part26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter forenforcement under I$ U.S.G. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 380I et seq.). (b) Each contract you sign with a contractor (and each subcontract the prune contractor signs with a subcontractor) must include the following assurance: The contractor, sub recipient orsubcoutractor shall not discriminate on the basis of rare, color, national origin, or sex in the performance of this contract. The contractor shall carry LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 3 of 5 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. C. 26.55 How is DBE Participation Counted Toward Goals? *(Replaces 23.47) (a) When a DBE participates in a contract, you count only the value of the work actually performed by the DBE toward DBE goals. (1) Count the entire amount of thatportion of a construction contract (or other contract not covered by paragraph (a)(2) of this section) that is performed by the DBE's own forces. Include the cost of supplies and materials obtained by the DBE for the work of the contract, including supplies purchased or equipment leased by the DBE (except supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate). (2) Count the entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of DOT --assisted contract, toward DBE goals, provided you determine the fee to be reasonable and not excessive as compared with fees customarily allowed for similar services. (3) When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the DBEss subcontractor is itself a DBE. Work that a DBE subcontracts to a non -DBE firm does not count toward DBE goals. (b) When a DBE performs as a participant in a joint venture, count a portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work of the contract that the DBE performs with its own forces toward DBE goals. (c) Count expenditures to a DB E contractor toward DBE goals only if the DBE is performing a commercially useful function on that contract. (1) A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DB E must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To detennine whether a DBE is performing a commercially useful function, you must evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work, and other relevant factors. (2) A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, you must examine similar transactions, particularly those in which DBEs do not participate. (3) If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, you must presume that it is not performing a commercially useful function. (4) When a DBE is presumed not to be performing a commercially useful function as provided in paragraph (c)(3) of this section, the DBE may present evidence to rebut this presumption. You may determine thatthe firm is performing a commercially useful function given the type of work involved and normal industry practices. LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 4of5 (5) Your decisions on commercially useful function matters are subject to review by the concerned operating administration, but are not administratively appealable to DOT. (d) Use the following factors in determining whether a DBE trucking company is perfonning a commercially useful function: (1) The DBE must be responsible for the managementand supervision of the entire trucking operationfor which it is responsible on a particular contract, and there cannot be a contrived arrangement forthe purpose of meeting DBE goals. (2) The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract. (3) The DBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs. (4) The DBE may lease trucks from another DBE firm, including an owner operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract. (5) The DBE may also lease trucks from a non -DBE firm, including an owner- operator. The DBE who leases trucks from a non --DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by aDBE. (6) For purposes of this paragraph (d), a Iease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the tern of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the Ieased truck. Leased trucks must display the name and identification number of the DBE. (e) Count expenditures with DB Es for materials or supplies toward DBE goals as provided in the 'ollowing: (1)(i) If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies toward D BE goals. (ii) For purposes of this paragraph (e)(1), a manufacturer is a firm that operates or maintains a factory or establishrnentthat produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications. (2)(i) If the materials or supplies are purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies toward DBE goals. (ii) Forpurposes of this section, a regular dealer is a firm thatowns, operates, ormaintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. (A) To be a regular dealer, the fine must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. (B) A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business as provided in this paragraph (e)(2)(ii) if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long -terra lease agreement and not on an ad hoc or contract -by -contract basis. (C) Packagers, brokers, manufacturers'representatives, or other persons who arrange or expedite transactions LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 5 of 5 are not regular dealers within the meaning of this paragraph (e)(2). (3) With respect to materials or supplies purchased from a DBE which is neither a manufacturernor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, toward DBE goals, provided you determine the fees to be reasonable and not excessive as compared with fees customarily allowed for similar services. Do not count any portion of the cost of the materials and supplies themselves toward DBE goals, however. (f) 1f a firm is not currently certified as aDBE in accordance with the standards of subparLD of this part at the time of the execution of the contract, do not countthe firm's participation toward any DBE goals, except as provided for in §26.87 (i). (g) Do not count the dollar value of work performed under a contract with a firm after it has ceased to be certified toward your overall goal. (h) Do not count the participation of a DBE subcontractor toward the prime contractor's DBE achievements or your overall goal until the amount being counted toward the goal has been paid to the DBE. D. 26.11 What Records Do Recipients Keep and Report? *(Replaces 23.49) (a) [Reserved] (b)You must continue to provide data about your DBE programto the Departmentas directed byDOT operating administrations. (c) You must create and maintain a bidders list, consisting of all firms bidding on prime contracts and bidding or quoting subcontracts on DOT -assisted projects. For every firm, the following information must be included: (1) Firm name; (2) Firm address; (3) Firm's status as a DBE or non -DBE; (4) The age of the firm; and (5) The annual gross receipts of the firm. 0 C W D W 146-R (12/90) INSTRUCTIONS o D n PRIME CONTRACTOR or AUTHORIZED REPRESENTATIVE: > m mCn :�E O This statement reports the actual dollar amounts of the project cost earned by and paid to the DBE/MBE/WBE/HBO < U) subcontractor. Complete and submit to the Rcsident/Project Engineer within 30 days of the end of the quarter, 90 days after project 0 completion, and 30 days after the engineer's submission of the final payment estimate. x z m� r r For "Project No.", "Control Section", and "Job No.', use the numbers assigned by MDOT. m M� m O For "Service/Work Classification" report services performed bythe subcontractor, listed by code, as described in Rule 51 of the Z Administrative Rule governing prequalifications of Bidders for Highway and Transportation Construction Work. For "Contract Amount", report total amount of the contract between the prince contractor and the subcontractor. For "Deductions": Report deductions made by the prune contractor to the subcontractor's Cumulative Dollar Value of Services Completed for retainage, bond or other fees, materials, services or equipment provided to the subcontractor according to mutual, prior agreement (documentation of such agreement maybe required by MDOT). For "Actual Amount Paid to Date", report cumulative actual payments made to the subcontractor for services completed. Provide "DBE/MBE/WBE/HBO Authorized Signature" for project completion reports only. Be sure to sign, title and date this statement. MDOT RESIDENT/PROJECT ENGINEER: Complete the "Comments" area, sign date and forward to Office of small Business Liaison within 7 days of receipt from prime contractor. N N W co J A H:1ADD?R9XI1Proposa1Pages\DSE_REQUIREMEN'TS.wpd o 0 W Kichigan Department of Transporiolinn 146 (12190) PRIME CONTRACTOR PRIME CONTRACTOR STATEMENT OF DBE/MBE/WBE/HBO SUBCONTRACTOR PAYMENTS Information requirE in accordancewith 49 CPR part 23.49 and the MEEBOC reportingrequiremaits for proaarement form DEE/MBE/WBFJHBO firms, to monitor the progress of he prime contractor in tneding contractual DBE obligations. Failure to provide this information may result in diminished prequalification rating of the prime contractor, or otherremedies under contract SEE INSTRUCTIONS ON REVERSE PROJECT NO. I CONTROL SECTION PERIOD COVERED ❑ 1" Quarter (September 1 - November 30, 20_ ❑ 2"d Quarter (December 1 - February 29/29, 20_ JOB NO. 03" Quarter (Match 1 - May 31, 20_ ❑PROJECT COMPLETION ❑4" Quarter (June 1 - August 31, 20_ ❑FINAL ESTIMATE Certified DBEIMBB/WBE/BB0 SUBCONTRACTOR ServicesfWork Classification Total Contract Amount Cumulative Doliar Value of Service Completed Deductions Actual Amount Paid to Date DBE/MBE/W13E/BB0 Authorized Signature Date As the authorized representative of the above prime eDntrac tar, I state that, to the best of my knowledge, this injormation is trite an accurate CONTRACTOR'S AUTHORIZED REPRESENTATIVE (Signature) TITLE DATE .FOR:MDO TUSK ONLY:. COMMENTS: RESIDENT/PROJECT ENGINEER (Signature) DATE 0 C OW D W �0 D n l7 T D A �m mCn O >Cn z Cn w z= Mz U r r D D M m� M 0 m� z� N N w W J A 0 w w LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 SPECIAL NOTICE W-9 In order for payments to be issued through the Texas Department of Transportation the designated low bidder prior to award of the contract, shall file with the contracting office a `Request for Taxpayer Identification Number and Certification'. This must be US Department of Treasury, Internal Revenue Service Form W-9. Following on the next page is the form W-9 which must be completed and returned to the contracting office prior to the award of this contract. C:\data\wpfles\PROPOSAL\SPECS\W-9 requirement.wpd 2004 Request for Taxpayer Give Form to the Form (Rev. October2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above M a� 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to 0 ca following seven boxes. certain entities, not individuals; see a instructions on page 3): o El Individual/sole proprietor or ElC Corporation ElS Corporation ElPartnership ElTrust/estate c single -member LLC Exempt payee code (if any) ao ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► p « Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting .9 M LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) a c w another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. V N ❑ Other (see instructions)► (Applies to accounts maintained outside the U.S) to 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) U) 6 City, state, and ZIP code 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SHowever, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. F—T-1 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. SKjn Signature of Here U.S. person ► Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/F6rmW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Form W-9 (Rev. 10-2018) Page 2 By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information. Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States. • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items. 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the instructions for Part II for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships, earlier. What is FATCA Reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Form W-9 (Rev. 10-2018) Page 3 Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note: ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1 a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application. b. Sole proprietor or single -member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or "doing business as" (DBA) name on line 2. c. Partnership, LLC that is not a single -member LLC, C corporation, or S corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a "disregarded entity." See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3. IF the entity/person on line 1 is THEN check the box for ... a(n) ... • Corporation Corporation • Individual Individual/sole proprietor or single- • Sole proprietorship, or member LLC • Single -member limited liability company (LLC) owned by an individual and disregarded for U.S. federal tax purposes. • LLC treated as a partnership for Limited liability company and enter U.S. federal tax purposes, the appropriate tax classification. • LLC that has filed Form 8832 or (P= Partnership; C= C corporation; 2553 to be taxed as a corporation, or S= S corporation) or • LLC that is disregarded as an entity separate from its owner but the owner is another LLC that is not disregarded for U.S. federal tax purposes. • Partnership Partnership • Trust/estate Trust/estate Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you. Exempt payee code. • Generally, individuals (including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) 2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 Form W-9 (Rev. 10-2018) Page 4 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for ... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over 1 through 52 $5,0001 Payments made in settlement of Exempt payees 1 through 4 payment card or third party network transactions 1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with "Not Applicable" (or any similar indication) written or printed on the line for a FATCA exemption code. A —An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i) E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i) F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate investment trust H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I —A common trust fund as defined in section 584(a) J—A bank as defined in section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. If you are a single -member LLC that is disregarded as an entity separate from its owner, enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnership, enter the entity's EIN. Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 business days. If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note: Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below. Form W-9 (Rev. 10-2018) Page 5 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account: I Give name and SSN of: 1. Individual 2. Two or more individuals (joint account) other than an account maintained by an FFI 3. Two or more U.S. persons (joint account maintained by an FFI) 4. Custodial account of a minor (Uniform Gift to Minors Act) 5. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that is not a legal or valid trust under state law 6. Sole proprietorship or disregarded entity owned by an individual 7. Grantor trust filing under Optional Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) (A)) The individual The actual owner of the account or, if combined funds, the first individual on the account' Each holder of the account For this type of account: I Give name and EIN of: 14. Account with the Department of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 15. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(i)(13)) List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN. 3 You must show your individual name and you may also enter your business or DBA name on the "Business name/disregarded entity" name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. ° List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships, earlier. *Note: The grantor also must provide a Form W-9 to trustee of trust. Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records From Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, The minor' • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. The grantor -trustee' If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number The actual owner printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you The owner3 think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline The grantor" at 1-800-908-4490 or submit Form 14039. For this type of account: I Give name and EIN of: 8. Disregarded entity not owned by an individual 9. A valid trust, estate, or pension trust 10. Corporation or LLC electing corporate status on Form 8832 or Form 2553 11. Association, club, religious, charitable, educational, or other tax- exempt organization 12. Partnership or multi -member LLC 13. A broker or registered nominee The owner Legal entity° The corporation The organization The partnership The broker or nominee For more information, see Pub. 5027, Identity Theft Information for Taxpayers. Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll -free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. Form W-9 (Rev. 10-2018) Page 6 The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at spam@uce.gov or report them at www.ftc.gov/complaint. You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338). If you have been the victim of identity theft, see www.ldentityTheft.gov and Pub. 5027. Visit www.irs.gov/IdentityTheft to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 AC 150/5370-1OH Section 10 Definition of Terms Note: Where portions of text have been lined through (fie), this text has been deleted and does not apply to this project. Where portions of text have been bolded and shaded gray (example), this text has been added and is binding to this project. This process is utilized throughout the FAA specifications. When the following terms are used in these specifications, in the contract, or in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be defined as follows: Paragraph Term Definition Number 10-01 AASHTO The American Association of State Highway and Transportation Officials. 10-02 Access Road The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public roadway. 10-03 Advertisement A public announcement, as required by state and / or local law, inviting bids for work to be performed and materials to be furnished. 10-04 Airport Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft; an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; airport buildings and facilities located in any of these areas, and a heliport. 10-05 Airport Improvement A grant-in-aid program, administered by the Federal Program (AIP) Aviation Administration (FAA). 10-06 Air Operations Area The term air operations area (AOA) shall mean any area of (AOA) the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10-07 Apron Area where aircraft are parked, unloaded or loaded, fueled and/or serviced. FAA General Provisions 1 of 48 FAA GP-1 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 AC 150/5370-1OH Paragraph Term Definition Number 10-08 ASTM International Formerly known as the American Society for Testing and (ASTM) Materials (ASTM). 10-09 Award The Owner's notice to the successful bidder of the acceptance of the submitted bid. 10-10 Bidder Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. 10-11 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. 10-12 Calendar Day Every day shown on the calendar. 10-13 Certificate of Analysis The COA is the manufacturer's Certificate of Compliance (COA) (COC) including all applicable test results required by the specifications. 10-14 Certificate of The manufacturer's certification stating that materials or Compliance (COC) assemblies furnished fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer's authorized representative. 10-15 Change Order A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for work within the scope of the contract and necessary to complete the project. 10-16 Contract A written agreement between the Owner and the Contractor that establishes the obligations of the parties including but not limited to performance of work, furnishing of labor, equipment and materials and the basis of payment. The awarded contract includes but may not be limited to: Advertisement, Contract form, Proposal, Performance bond, payment bond, General provisions, certifications and representations, Technical Specifications, Plans, Supplemental Provisions, standards incorporated by reference and issued addenda. 10-17 Contract Item (Pay A specific unit of work for which a price is provided in the Item) contract. FAA General Provisions 2 of 48 FAA GP-2 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 AC 150/5370-1OH Paragraph Term Definition Number 10-18 Contract Time The number of calendar days or- erking days-, stated in the proposal, allowed to substantially complete the work €el= including authorized time extensions. if a ea4eadar- date of eempletion is stated in th-e in lieu days, pr-epesal, of a number- of ealeadar- or- working the eepAfaet shall be eempleted by t44 date. 10-19 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. 10-20 Contractors Quality The Contractor's QC facilities in accordance with the Control (QC) Facilities Contractor Quality Control Program (CQCP). 10-21 Contractor Quality Details the methods and procedures that will be taken to Control Program assure that all materials and completed construction (CQCP) required by the contract conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. 10-22 Control Strip A demonstration by the Contractor that the materials, equipment, and construction processes results in a product meeting the requirements of the specification. 10-23 Construction Safety and The overall plan for safety and phasing of a construction Phasing Plan (CSPP) project developed by the airport operator, or developed by the airport operator's consultant and approved by the airport operator. It is included in the invitation for bids and becomes part of the project specifications. 10-24 Drainage System The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area. 10-25 Engineer The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for engineering design, inspection, ction, and/or observation of the contract work and acting directly or through an authorized representative. May or may not be the same individual, partnership, firm, or corporation identified as the RPR. FAA General Provisions 3 of 48 FAA GP-3 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 AC 150/5370-1OH Paragraph Term Definition Number 10-26 Equipment All machinery, together with the necessary supplies for upkeep and maintenance; and all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-27 Extra Work An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Owner's Engineer- Resident Project Representative (RPR) to be necessary to complete the work within the intended scope of the contract as previously modified. 10-28 FAA The Federal Aviation Administration. When used to designate a person, FAA shall mean the Administrator or their duly authorized representative. 10-29 Federal Specifications The federal specifications and standards, commercial item descriptions, and supplements, amendments, and indices prepared and issued by the General Services Administration. 10-30 Force Account a. Contract Force Account - A method of payment that addresses extra work performed by the Contractor on a time and material basis. b. Owner Force Account - Work performed for the project by the Owner's employees. 10-31 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 and/or Resident Project Representative (RPR) is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer and/or RPR, subject in each case to the final determination of the Owner. Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference. FAA General Provisions 4 of 48 FAA GP-4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 AC 150/5370-1OH Paragraph Term Definition Number 10-32 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. 10-33 Major and Minor A major contract item shall be any item that is listed in the Contract items proposal, the total cost of which is equal to or greater than 20% of the total amount of the award contract. All other items shall be considered minor contract items. 10-34 Materials Any substance specified for use in the construction of the contract work. 10-35 Modification of Any deviation from standard specifications applicable to Standards (MOS) material and construction methods in accordance with FAA Order 5300.1. 10-36 Notice to Proceed (NTP) A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. 10-37 Owner The term "Owner" shall mean the party of the first part or the contracting agency signatory to the contract. Where the term "Owner" is capitalized in this document, it shall mean airport Sponsor only. The Owner for this project is the City of Lubbock, Texas. 10-38 Passenger Facility Per 14 Code of Federal Regulations (CFR) Part 158 and 49 Charge (PFC) United States Code (USC) § 40117, a PFC is a charge imposed by a public agency on passengers enplaned at a commercial service airport it controls. 10-39 Pavement Structure The combined surface course, base course(s), and subbase course(s), if any, considered as a single unit. 10-40 Payment bond The approved form of security furnished by the Contractor and their own surety as a guaranty that the Contractor will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-41 Performance bond The approved form of security furnished by the Contractor and their own surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract. FAA General Provisions 5 of 48 FAA GP-5 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 AC 150/5370-1OH Paragraph Term Definition Number 10-42 Plans The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the contract, supplementary to the specifications. Plans may also be referred to as 'contract drawings.' 10-43 Project The agreed scope of work for accomplishing specific airport development with respect to a particular airport. 10-44 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. 10-45 Proposal guaranty The security furnished with a proposal to guarantee that the bidder will enter into a contract if their own proposal is accepted by the Owner. 10-46 Quality Assurance (QA) Owner's responsibility to assure that construction work completed complies with specifications for payment. 10-47 Quality Control (QC) Contractor's responsibility to control material(s) and construction processes to complete construction in accordance with project specifications. 10-48 Quality Assurance (QA) An authorized representative of the Engineer- and Inspector Resident Project Representative (RPR) assigned to make all necessary inspections, observations, tests, and/or observation of tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. 10-49 Quality Assurance (QA) The official quality assurance testing laboratories of the Laboratory Owner or such other laboratories as may be designated by the Engineer- er RPR. May also be referred to as Efio eefls, Owner's, or QA Laboratory. 10-50 Resident Project The individual, partnership, firm, or corporation duly Representative (RPR) authorized by the Owner to be responsible for all necessary inspections, observations, tests, and/or observations of tests of the contract work performed or being performed, or of the materials furnished or being furnished by the Contractor, and acting directly or through an authorized representative. May or may not be the same individual, partnership, firm, or corporation identified as the Engineer. FAA General Provisions 6 of 48 FAA GP-6 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 AC 150/5370-1OH Paragraph Term Definition Number 10-51 Runway The area on the airport prepared for the landing and takeoff of aircraft. 10-52 Runway Safety Area A defined surface surrounding the runway prepared or (RSA) suitable for reducing the risk of damage to aircraft. See the construction safety and phasing plan (CSPP) for limits of the RSA. 10-53 Safety Plan Compliance Details how the Contractor will comply with the CSPP. Document (SPCD) 10-54 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. 10-55 Sponsor A Sponsor is defined in 49 USC § 47102(24) as a public agency that submits to the FAA for an AIP grant; or a private Owner of a public -use airport that submits to the FAA an application for an AIP grant for the airport. 10-56 Structures Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, hndholes, lighting fixtures and bases; transformers; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 10-57 Subgrade The soil that forms the pavement foundation. 10-58 Superintendent The Contractor's executive representative, having authority and responsibility to act for and represent the Contractor, who is present on the work during progress, authorized to receive and fulfill instructions from the RPR, and who shall supervise and direct the construction. FAA General Provisions 7 of 48 FAA GP-7 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 AC 150/5370-1OH Paragraph Term Definition Number 10-59 Supplemental A written agreement between the Contractor and the Agreement Owner that establishes the basis of payment and contract time adjustment, if any, for the work affected by the supplemental agreement. A supplemental agreement is required if. (1) in scope work would increase or decrease the total amount of the awarded contract by more than 25%: (2) in scope work would increase or decrease the total of any major contract item by more than 25%; (3) work that is not within the scope of the originally awarded contract; or (4) adding or deleting of a major contract item. 10-60 Surety The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds that are furnished to the Owner by the Contractor. 10-61 Taxilane A taxiway designed for low speed movement of aircraft between aircraft parking areas and terminal areas. 10-62 Taxiway The portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport's runways, aircraft parking areas, and terminal areas. 10-63 Taxiway/Taxilane Safety A defined surface alongside the taxiway prepared or Area (TSA) suitable for reducing the risk of damage to an aircraft. See the construction safety and phasing plan (CSPP) for limits of the TSA. 10-64 Work Entire construction required by the Contract, including the the furnishing of all labor, materials, products, services, tools, equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the contract, plans, and specifications. 10-65 Working day A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least six (6) hours toward completion of the contract. When work is suspended for causes beyond the Contractor's control, it will not be counted as a working day. Saturdays, Sundays and holidays on which the Contractor's forces engage in regular work will be considered as workingdays. END OF SECTION 10 FAA General Provisions 8 of 48 FAA GP-8 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH Section 20 Proposal Requirements and Conditions 20-01 Advertisement (Notice to Bidders). To be coordinated with City of Lubbock. 20-02 Qualification of bidders. Each bidder shall submit evidence of competency and evidence of financial responsibility to perform the work to the Owner at the time of bid opening. Evidence of competency, unless otherwise specified, shall consist of statements covering the bidder's past experience on similar work, and a list of equipment and a list of key personnel that would be available for the work. Each bidder shall furnish the Owner satisfactory evidence of their financial responsibility. Evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder's financial resources and liabilities as of the last calendar year or the bidder's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether their financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed, the bidder shall qualify the public accountant's statement or report to reflect the bidder's true financial condition at the time such qualified statement or report is submitted to the Owner. Unless otherwise specified, a bidder may submit evidence that they are prequalified with the State Highway Division and are on the current "bidder's list" of the state in which the proposed work is located. Evidence of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports specified above. 20-03 Contents of proposal forms. The Owner's proposal forms state the location and description of the proposed construction; the place, date, and time of opening of the proposals; and the estimated quantities of the various items of work to be performed and materials to be furnished for which unit bid prices are asked. The proposal form states the time in which the work must be completed, and the amount of the proposal guaranty that must accompany the proposal. The Owner will accept only those Proposals properly executed on physical forms or electronic forms provided by the Owner. Bidder actions that may cause the Owner to deem a proposal irregular are given in paragraph 20-09 Irregularproposals. Mobilization is limited to the percentage of the total project cost as noted in FAA Item C-105, Mobilization. A pre -bid conference is r-e"ire will be held on this project to discuss as a minimum, the following items: material requirements; submittals; Quality Control/Quality Assurance requirements; the construction safety and phasing plan including airport access and staging areas; and unique airfield paving construction requirements. The time, date, and place of the meeting will be as noted in the Cover Letter and Instructions to Bidders. 20-04 Issuance of proposal forms. The Owner reserves the right to refuse to issue a proposal form to a prospective bidder if the bidder is in default for any of the followingreasons: a. Failure to comply with any prequalification regulations of the Owner, if such regulations are cited, or otherwise included, in the proposal as a requirement forbidding. b. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force with the Owner at the time the Owner issues the proposal to a prospective bidder. c. Documented record of Contractor default under previous contracts with the Owner. d. Documented record of unsatisfactory work on previous contracts with the Owner. FAA General Provisions 9 of 48 FAA GP-9 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH 20-05 Interpretation of estimated proposal quantities. An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The Owner does not expressly, or by implication, agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as provided in the Section 40, paragraph 40-02, Alteration of Work and Quantities, 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 (at the pre -bid conference), the proposal, plans, specifications, and contract forms. Bidders shall satisfy themselves to the character, quality, and quantities of work to be performed, materials to be furnished, and to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied to the conditions to be encountered in performing the work and the requirements of the proposed contract, plans, and specifications. A project site visit will be conducted at the pre -bid conference for prospective bidders to study the existing conditions. No additional project site visits will be conducted or allowed after the pre -bid conference. Boring logs 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 the bidder may make or obtain from their own examination of the boring logs and tests that are furnished by the Owner. 20-07 Preparation of proposal. The bidder shall submit their proposal on the forms furnished by the Owner. All blank spaces in the proposal forms, unless explicitly stated otherwise, 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 which they propose for each pay item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. Prices should generally be written in whole dollars and cents. The extended total amount of each item should not be rounded. The bidder shall correctly sign the proposal in ink. If the proposal is made by an individual, their name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state where the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of their authority to do so and that the signature is binding upon the firm or corporation. 20-08 Responsive and responsible bidder. A responsive bid conforms to all significant terms and conditions contained in the Owner's invitation for bid. It is the Owner's responsibility to decide if the exceptions taken by a bidder to the solicitation are material or not and the extent of deviation it is willing to accept. A responsible bidder has the ability to perform successfully under the terms and conditions of a proposed procurement, as defined in 2 CFR § 200.318(h). This includes such matters as Contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. 20-09 Irregular proposals. Proposals shall be considered irregular for the following reasons: FAA General Provisions 10 of 48 FAA GP-10 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-10H 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 as interpreted by the Owner. e. If the proposal is not accompanied by the proposal guaranty specified by the Owner. f. If the applicable Disadvantaged Business Enterprise information is incomplete. 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 state and local laws and ordinances pertaining to the letting of construction contracts. 20-10 Bid guarantee. Each separate proposal shall be accompanied by a bid bond, certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such bond, check, or collateral, shall be made payable to the Owner. 20-11 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. 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 or as modified by Addendum before the time specified for opening all bids. Proposals received after the bid opening time shall be returned to the bidder unopened. 20-12 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 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. 20-13 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. 20-14 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 paragraph 20-04, Issuance of Proposal Forms, of this section. d. Where the Bidder has an interest in any litigation or other claim against the Owner or Engineer. e. Lack of competency as revealed by the Statement of Bidder's Qualifications. f. Uncompleted work which, in the judgment of the Owner, will hinder prevent the prompt completion of additional work, if awarded. FAA General Provisions 11 of 48 FAA GP-11 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 AC 150/5370-1OH g. Previous projects where, in the judgment of the Owner, the Bidder performed unsatisfactorily and did not complete and close out the project in a timely manner resulting in the Owner not being able to close out the project with various funding agencies and resulting in the Owner potentially or actually losing planned funding for other projects. 20-15 Discrepancies and Omissions. A Bidder who discovers discrepancies or omissions with the project bid documents shall immediately notify the Owner's Engineer representative of the matter. A bidder that has doubt as to the true meaning of a project requirement may submit to the Owner's Engineer representative a written request for interpretation no later than 10 days prior to bidopening. Any interpretation of the project bid documents by the Owner's Efiginee representative will be by written addendum issued by the Owner. The Owner will not consider any instructions, clarifications or interpretations of the bidding documents in any manner other than written addendum. 20-16 Referenced Document. See additional Proposal requirements and conditions in the City of Lubbock Contract Documents and Approved Forms. END OF SECTION 20 FAA General Provisions 12 of 48 FAA GP-12 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH 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 bid price written in words shall govern. Until the award of a contract is made, the Owner reserves the right to reject a bidder's proposal for any of the following reasons: a. If the proposal is irregular as specified in Section 20, paragraph 20-09, IrregularProposals. b. If the bidder is disqualified for any of the reasons specified Section 20, paragraph 20-14, Disqualification of Bidders. 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 ninety (90) calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. If the Owner elects to proceed with an award of contract, the Owner will make award to the responsible bidder whose bid, conforming with all the material terms and conditions of the bid documents, is the lowest in price. The Proposal includes bid schedules and bid alternates. These bid schedules and bid alternates may / may not be awarded and the Owner reserves the right to evaluate the bids as such during the evaluation period. The basis of award will include any combination of the bid schedules plus any arbitrary combination of bid alternates. For AIP contracts, unless otherwise specified in this subsection, no award shall be made until the FAA has reviewed the Owner's recommendation to make such award in accordance with 2 CFR 200.324. 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 paragraph 30-07 Approval ofContract. 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 specified in the paragraph 30- 01, Consideration of Proposals. 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 contract bonds as specified in paragraph 30-05, Requirements of Contract Bonds. 30-05 Requirements of contract bonds. At the time of the execution of the 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. FAA General Provisions 13 of 48 FAA GP-13 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH 30-06 Execution of contract. The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return the signed contract to the Owner, along with the fully executed surety bond or bonds specified in paragraph 30-05, Requirements of Contract Bonds, of this section, within forty- five (45) calendar days from the date mailed or otherwise delivered to the successful bidder. 30-07 Approval of contract. Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the Owner shall complete the execution of the contract in accordance with state and local laws or ordinances, and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the Owner's approval to be bound by the successful bidder's proposal and the terms of the contract. 30-08 Failure to execute contract. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the period specified in paragraph 30-06, Execution of Contract, of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidated damages to the Owner. 30-09 Referenced Document. See additional Award and Execution of Contract requirements in the City of Lubbock Contract Documents and Approved Forms. END OF SECTION 30 FAA General Provisions 14 of 48 FAA GP-14 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH Section 40 Scope of Work 40-01 Intent of contract. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies, and incidentals required to complete the work in accordance with the plans, specifications, and terms of the contract. 40-02 Alteration of work and quantities. The Owner reserves the right to make such changes in quantities and work as may be necessary or desirable to complete, in a satisfactory manner, the original intended work. Unless otherwise specified in the Contract, the Owner's representative shall be and is hereby authorized to make, in writing, such in -scope alterations in the work and variation of quantities as may be necessary to complete the work, provided such action does not represent a significant change in the character of the work. For purpose of this section, a significant change in character of work means: any change that is outside the current contract scope of work; any change (increase or decrease) in the total contract cost by more than 25%; or any change in the total cost of a major contract item by more than25%. Work alterations and quantity variances that do not meet the definition of significant change in character of work shall not invalidate the contract nor release the surety. Contractor agrees to accept payment for such work alterations and quantity variances in accordance with Section 90, paragraph 90-03, Compensation for Altered Quantities. Should the value of altered work or quantity variance meet the criteria for significant change in character of work, such altered work and quantity variance shall be covered by a supplemental agreement, unless required by law to bid. Supplemental agreements shall also require consent of the Contractor's surety and separate performance and payment bonds. If the Owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the Owner reserves the right to terminate the contract with respect to the item and make other arrangements for itscompletion. Applicable federal contract provisions for procurement and contracting under AIP are found on the following website: www.faa.gov/air op its/aill/procurement/federal contract provisions/ 40-03 Omitted items. The Owner, the Owner's Engineer representative or may provide written notice to the Contractor to omit from the work any contract item that does not meet the definition of major contract item. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement. Should a contract item be omitted or otherwise ordered to be non -performed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with Section 90, paragraph 90-04, Payment for Omitted Items. 40-04 Extra work. Should acceptable completion of the contract require the Contractor to perform an item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, Owner may issue a Change Order to cover the necessary extra work. Change orders for extra work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the RPR's opinion, is necessary for completion of the extra work. When determined by the RPR to be in the Owner's best interest, the RPR may order the Contractor to proceed with extra work as provided in Section 90, paragraph 90-05, Payment for Extra Work. Extra work FAA General Provisions 15 of 48 FAA GP-15 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH 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 defined in Section 10, paragraph 10-59, Supplemental Agreement. If extra work is essential to maintaining the project critical path, RPR may order the Contractor to commence the extra work under a Time and Material contract method. Once sufficient detail is available to establish the level of effort necessary for the extra work, the Owner shall initiate a change order or supplemental agreement to cover the extra work. 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. The Contractor shall maintain traffic in the manner detailed in the Construction Safety and Phasing Plan(CSPP). a. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas (AOAs) of the airport with respect to their own operations and the operations of all subcontractors as specified in Section 80, paragraph 80-04, Limitation of Operations. Itis 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 Section 70, paragraph 70-15, Contractor's Responsibility for Utility Service and Facilities of Others. b. With respect to their own operations and the operations of all 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 in accordance with the construction safety and phasing plan (CSPP) and the safety plan compliance document (SPCD). c. When the contract requires the maintenance of 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 the road, street, or highway open to all traffic and shall provide maintenance as may be required to accommodate traffic. The Contractor, at their expense, shall be responsible for the repair to equal or better than preconstruction conditions of any damage caused by the Contractor's equipment and personnel. The Contractor shall furnish, erect, and maintain barricades, warning signs, flag person, and other traffic control devices in reasonable conformity with the Manual on Uniform Traffic Control Devices (MUTCD) (h!W:Hmutcd.fhwa.dot.gov/), unless otherwise specified. 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. 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. All such structures must be disposed of off the Airport property in accordance with local laws and regulations, unless otherwise noted. No material may be wasted on the Airport site unless approved by the Owner. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items. Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Resident Project Representative (RPR) shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the RPR in accordance with the provisions of the contract. Except as provided in Section 40, paragraph 40-07, Rights in and Use of Materials Found in the Work, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading FAA General Provisions 16 of 48 FAA GP-16 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH sections established for completion of the work) shall be used in the work as otherwise provided for in the contract and shall remain the property of the Owner when so used in the work. 40-07 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 embankment, the Contractor may at their own option either: a. Use such material in another contract item, providing such use is approved by the RPR 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 RPR; or c. Use such material for the Contractor's 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., the Contractor shall request the RPR's approval in advance of such use. Should the RPR 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 their expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for use of such material used in the work or removed from the site. Should the RPR 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 their own exercise of option a., b., or c. The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications. All materials not re -used in the project must be disposed of off the Airport property in accordance with local laws and regulations, unless otherwise noted. No material may be wasted on the Airport site unless approved by the Owner. This is subsidiary to the various bid items of the project. 40-08 Final cleanup. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. The Contractor shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of the property Owner. END OF SECTION 40 FAA General Provisions 17 of 48 FAA GP-17 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 AC 150/5370-1OH Intentionally Left Blank FAA General Provisions 18 of 48 FAA GP-18 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH Section 50 Control of Work 50-01 Authority of the Resident Project Representative (RPR). The RPR has final authority regarding the interpretation of project specification requirements. The RPR shall determine acceptability of the quality of materials furnished, method of performance of work performed, and the manner and rate of performance of the work. The RPR does not have the authority to accept work that does not conform to specification requirements. 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 RPR 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 their opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, the RPR will advise the Owner of their determination that the affected work be accepted and remain in place. The RPR will document the 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. Changes in the contract price must be covered by contract change order or supplemental agreement as applicable. If the RPR 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 RPR's written orders. The term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the RPR's responsibility to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor's execution of the work, when, in the RPR's opinion, such compliance is essential to provide an acceptable finished portion of the work. The term "reasonably close conformity" is also intended to provide the RPR with the authority, after consultation with the Sponsor and FAA, to use sound engineering judgment in their determinations to accept work that is not in strict conformity, but will provide a finished product equal to or better than that required by the requirements of the contract, plans and specifications. All defined tolerances will apply before, during, and after incorporation of the materials into the work. It is the intent of the specifications that all materials meet all of the requirements of the specifications after all material has been set in place in its final form. The RPR 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. If electronic files are provided and used on the project and there is a conflict between the electronic files and hard copy plans, the hard copy plans shall govern. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. It is the intent of these plans and specifications to ensure that construction, demolition, and all associated materials, equipment, and appurtenances are completed and installed in compliance with all applicable local, FAA General Provisions 19 of 48 FAA GP-19 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-10H state, and federal regulations. In case of discrepancy or conflicting information, the most stringent requirement shall govern. If it is not readily apparent which requirement is most stringent, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited advisory circulars (ACs); contract general provisions shall govern over plans, cited standards for materials or testing, and cited ACs; plans shall govern over cited standards for materials or testing and cited ACs. If any paragraphs contained in the Special Provisions conflict with General Provisions or Technical Specifications, the Special Provisions shall govern. From time to time, discrepancies within cited testing standards occur due to the timing of the change, edits, and/or replacement of the standards. If the Contractor discovers any apparent discrepancy within standard test methods, the Contractor shall immediately ask the RPR for an interpretation and decision, and such decision shall be final. The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Contractor discovers any apparent error or discrepancy, Contractor shall immediately notify the Owner or the designated representative in writing requesting their written interpretation and decision. 50-04 List of Special Provisions. See requirements of the City of Lubbock Contract Documents and Approved Forms. 50-05 Cooperation of Contractor. The Contractor shall be supplied with hafd eepies 0 an electronic PDF of the plans and specifications. The Contractor shall have available on the construction site at all times one hard copy each of the plans and specifications. Additionalhard copies of plans and specifications may be obtained by toe Coi+# ^*er- for- the eest of r-epf:eduetien. The Contractor is responsible for his / her own reproduction costs. The Contractor shall give constant attention to the work to facilitate the progress thereof, and shall cooperate with the RPR and their 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 their agent on the work. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the RPR or their authorized representative. 50-06 Cooperation between Contractors. The Owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract. When separate contracts are let within the limits of any one project, each Contractor shall conduct the work not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with their own contract and shall protect and hold harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange their work and shall place and dispose of the materials being used to not interfere with the operations of the other Contractors within the limits of the same project. The Contractor shall join their work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-07 Construction layout and stakes. The Engineer/RPR shall establish necessary horizontal and vertical control. The establishment of Survey Control and/or reestablishment of survey control shall be by a State Licensed Land Surveyor. Contractor is responsible for preserving integrity of horizontal and vertical controls established by Engineer/RPR. In case of negligence on the part of the Contractor or their employees, resulting in the destruction of any horizontal and vertical control, the resulting costs will be deducted as a liquidated damage against the Contractor. FAA General Provisions 20 of 48 FAA GP-20 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH Prior to the start of construction, the Contractor will check all control points for horizontal and vertical accuracy and certify in writing to the RPR that the Contractor concurs with survey control established for the project. All lines, grades and measurements from control points necessary for the proper execution and control of the work on this project will be provided to the RPR. The Contractor is responsible to establish all layout required for the construction of the project. Copies of survey notes will be provided to the RPR for each area of construction and for each placement of material as specified to allow the RPR to make periodic checks for conformance with plan grades, alignments and grade tolerances required by the applicable material specifications. Surveys will be provided to the RPR prior to commencing work items that cover or disturb the survey staking. Coordinate format of survey deliverables with the RPR at the pre -construction conference. Laser, GPS, String line, or other automatic control shall be checked with temporary control as necessary. In the case of error, on the part of the Contractor, their surveyor, employees or subcontractors, resulting in established grades, alignment or grade tolerances that do not concur with those specified or shown on the plans, the Contractor is solely responsible for correction, removal, replacement and all associated costs at no additional cost to the Owner. No dir-eet paymepA will be made, tmiess ethevA4se speeified in eeatfaet deettmen4s, fer- this labor-, , See additional survey and stakeout requirements in Item G-202, Survey and Stakeout. 50-08 Authority and duties of Quality Assurance (QA) inspectors. QA inspectors shall be authorized to inspect all work done and all material furnished. Such QA inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. QA inspectors are not authorized to revoke, alter, or waive any provision of the contract. QA inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for theContractor. QA Inspectors are authorized to notify the Contractor or their representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the RPR for a decision. 50-09 Inspection of the work. All materials and each part or detail of the work shall be subject to inspection. The RPR 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 RPR requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Provide advance written notice to the RPR of work the Contractor plans to perform each week and each day. Any work done or materials used without written notice and allowing opportunity for inspection by the RPR may be ordered removed and replaced at the Contractor's expense. Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) Owner, authorized representatives of the Owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no way interfere with the rights of the parties to this contract. The Owner and / or RPR will have full authority to inspect all materials on the project site, test all materials at as many locations and at any frequency deemed necessary to satisfy himself / herself that the final in -place product meets the requirements of the plans and specifications. FAA General Provisions 21 of 48 FAA GP-21 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH 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 RPR as provided in paragraph 50-02, Conformity with Plans and Specifications. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of Section 70, paragraph 70-14, Contractor's Responsibility for Work. No removal work made under provision of this paragraph shall be done without lines and grades having been established by the RPR. Work done contrary to the instructions of the RPR, work done beyond the lines shown on the plans or as established by the RPR, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply with any order of the RPR made under the provisions of this subsection, the RPR will have authority to cause unacceptable work to be remedied or removed and replaced; and unauthorized work to be removed and recover the resulting costs as a liquidated damage against 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, at their own expense, shall be responsible for the repair to equal or better than preconstruction conditions of any damage caused by the Contractor's equipment and personnel. The Contractor is responsible for providing construction equipment and vehicles that will be supported by the on -site project access roads and haul routes. The Contractor will be responsible for preserving and, if necessary, rehabilitating any access roads or haul routes damaged by the Contractor's construction operations. 50-12 Maintenance during construction. The Contractor shall maintain the work during construction and until the work is accepted. 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 paragraph 50-12, Maintenance during Construction, the RPR shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the RPR's 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 recovered as a liquidated damage against the Contractor. FAA General Provisions 22 of 48 FAA GP-22 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH 50-14 Partial acceptance. , The completion of any work period and subsequent usage by the Owner does not define final acceptance of the work in that phase. Prior to partial acceptance, a pre -final inspection of all phases within the bid schedule will be performed and all associative corrective items must be completed. The entire project will be accepted once all bid schedules are complete, a final inspection of the entire project has occurred, and all associated punch list items have been completed to the satisfaction of the Owner and RPR. 50-15 Final acceptance. Upon due notice from the Contractor of presumptive completion of the entire project, the RPR and Owner will make an inspection. If all construction provided for and contemplated by the contract is found to be complete in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The RPR 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 RPR will notify the Contractor and the Contractor shall correct the unsatisfactory work. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the RPR will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. See Section G-110, Project Closeout, for additional acceptance requirements. In the case of discrepancy, the most stringent requirements will govern. 50-16 Claims for adjustment and disputes. If for any reason the Contractor deems that additional compensation is due for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, the Contractor shall notify the RPR in writing of their intention to claim such additional compensation before the Contractor begins the work on which the Contractor bases the claim. If such notification is not given or the RPR is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the RPR 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 a written claim to the RPR who will present it to the Owner for consideration in accordance with state and local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor's rightto dispute final payment based on differences in measurements or computations. END OF SECTION 50 FAA General Provisions 23 of 48 FAA GP-23 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 AC 150/5370-1OH Intentionally Left Blank FAA General Provisions 24 of 48 FAA GP-24 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH Section 60 Control of Materials 60-01 Source of supply and quality requirements. The materials used in the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish documentation to the RPR as to the origin, composition, and manufacture of all materials to be used in the work. Documentation shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials. At the RPR's option, materials may be approved at the source of supply before delivery. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that meets the requirements of the specifications; and is listed in AC 150/5345-53, Airport Lighting Equipment Certification Program and Addendum, that is in effect on the date of advertisement. The Contractor must notify the Owner when items of work are ready for acceptance testing. Passing acceptance tests shall be paid for by the Owner. The cost of failing acceptance tests and re -testing shall be at the expense of the Contractor and deducted from the amount due the Contractor at the time of final payment. 60-02 Samples, tests, and cited specifications. All materials used in the work shall be inspected, tested, and approved by the RPR before incorporation in the work unless otherwise designated. Any work in which untested materials are used without approval or written permission of the RPR shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the RPR, shall be removed at the Contractor's expense. Unless otherwise designated, quality assurance tests will be made by and at the expense of the Owner in accordance with the cited standard methods of ASTM, American Association of State Highway and Transportation Officials (AASHTO), federal specifications, Commercial Item Descriptions, and all other cited methods, which are current on the date of advertisement for bids. The testing organizations performing on -site quality assurance field tests shall have copies of all referenced standards on the construction site for use by all technicians and other personnel. Unless otherwise designated, samples for quality assurance will be taken by a qualified representative of the RPR. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at their request after review and approval of the RPR. A copy of all Contractor QC test data shall be provided to the RPR 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 RPR showing all test data reports, plus an analysis of all results showing ranges, averages, and corrective action taken on all failingtests. 60-03 Certification of compliance/analysis (COC/COA). The RPR may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer's COC stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. The COA is the manufacturer's COC and includes all applicable test results. FAA General Provisions 25 of 48 FAA GP-25 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the RPR. When a material or assembly is specified by "brand name or equal" and the Contractor elects to furnish the specified "or equal," the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: 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 contractwork. The RPR shall be the sole judge as to whether the proposed "or equal" is suitable for use in the work. The RPR reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 Plant inspection. The RPR or their authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for acceptance of the material orassembly. Should the RPR conduct plant inspections, the following conditions shall exist: a. The RPR shall have the cooperation and assistance of the Contractor and the producer with whom the Contractor has contracted for materials. b. The RPR 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 RPR, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Place office or working space in a convenient location 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 RPR 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 - Resident Project Representative (RPR) field office. The Contractor shall provide dedicated space for the use of the engineer RPR, and inspectors, as a field office for the duration of the project. This space shall be located conveniently near the construction and shall be separate from any space used by the Contractor. The Contractor shall furnish water, sanitary facilities, heat, air conditioning, and electricity in accordance with local building codes. 60-06 Storage of materials. Materials shall be stored 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 to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the RPR. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans and/or CSPP, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the RPR. 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 RPR a copy of the property Owner's permission. FAA General Provisions 26 of 48 FAA GP-26 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH All storage sites on private or airport property shall be restored to their original condition by the Contractor at their 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 remove any rejected material or assembly from the site of the work, unless otherwise instructed by the RPR. Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the RPR has approved its use in the work. 60-08 Owner furnished materials. The Contractor shall furnish all materials required to complete the work, except those specified, if any, to be furnished by the Owner. Owner -furnished materials shall be made available to the Contractor at the location specified. All costs of handling, transportation from the specified location to the site of work, storage, and installing Owner -furnished materials shall be included in the unit price bid for the contract item in which such Owner - furnished material is used. After any Owner -furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies that may occur during the Contractor's handling, storage, or use of such Owner -furnished material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the Contractor's handling, storage, or use of Owner -furnished materials. END OF SECTION 60 FAA General Provisions 27 of 48 FAA GP-27 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 AC 150/5370-1OH Intentionally Left Blank FAA General Provisions 28 of 48 FAA GP-28 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH 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. The Contractor shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner and all their officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by the Contractor or the Contractor's employees. 70-02 Permits, licenses, and taxes. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful execution of the work. 70-03 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, the Contractor shall provide for such use by suitable legal agreement with the Patentee or Owner. The Contractor and the surety shall defend, indemnify and hold harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses (including attorney fees), and damages which it may be obliged to pay by reason of an infringement, at any time during the execution or after the completion of the work. 70-04 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 &4ew that suesueh enst-r- etion erst-r- etion maifAeaa-nee has been eeer-difiated with the 0�4%er-, sueh auther-ized work (by others) must be sheik% en the Except as listed above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the RPR. 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 to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the RPR, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. 70-05 Federal Participation. The United States Government has agreed to reimburse the Owner for some portion of the contract costs. The contract work is subject to the inspection and approval of duly authorized representatives of the FAA Administrator. No requirement of this contract shall be construed as making the United States a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract. 70-06 Sanitary, health, and safety provisions. The Contractor's worksite and facilities shall comply with applicable federal, state, and local requirements for health, safety and sanitary provisions. FAA General Provisions 29 of 48 FAA GP-29 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH 70-07 Public convenience and safety. The Contractor shall control their operations and those of their subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to their own operations and those of their own subcontractors and all suppliers in accordance with Section 40, paragraph 40-05, Maintenance of Traffic, and shall limit such operations for the convenience and safety of the traveling public as specified in Section 80, paragraph 80-04, Limitation of Operations. The Contractor shall remove or control debris and rubbish resulting from its work operations at frequent intervals, and upon the order of the RPR. If the RPR determines the existence of Contractor debris in the work site represents a hazard to airport operations and the Contractor is unable to respond in a prompt and reasonable manner, the RPR reserves the right to assign the task of debris removal to a third party and recover the resulting costs as a liquidated damage against the Contractor. 70-08 Construction Safety and Phasing Plan (CSPP). The Contractor shall complete the work in accordance with the approved Construction Safety and Phasing Plan (CSPP) developed in accordance with AC 150/5370-2, Operational Safety on Airports During Construction. The GSPP is on sheet(s) El of the e� The CSPP is include as an appendix to the ProjectManual. 70-09 Use of explosives. The use of explosives is not permitted on this project. 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 leeRPR has witnessed or otherwise referenced their location and shall not move them until directed. The Contractor shall be responsible for all damage or injury to property of any character, during the execution of the work, resulting from any act, omission, neglect, or misconduct in manner or method of executing the work, or at any time due to defective work or materials, and said responsibility shall not be released until the project has been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non - execution thereof by the Contractor, the Contractor shall restore, at their expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or the Contractor shall make good such damage or injury in an acceptable manner. 70-11 Responsibility for damage claims. The Contractor shall _ indemnify and hold harmless the EagineeRPR and the Owner and their officers, agents, and employees from all suits, actions, or claims, of any character, brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the "Workmen's Compensation Act," or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of their own contract considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due, their own surety may be held until such suits, actions, or claims for injuries or damages shall have been settled and suitable evidence to that effect furnished to the Owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he or she is adequately protected by public liability and property damage insurance. 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 for the public or any FAA General Provisions 30 of 48 FAA GP-30 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH 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. 70-13 Opening sections of the work to traffic. If it is 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 must be specified below and indicated on the approved Construction Safety and Phasing Plan (CSPP) and the project plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. _Upon completion of any portion of work listed above, such portion shall be accepted by the Owner in accordance with Section 50, paragraph 50-14, Partial Acceptance. No portion of the work may be opened by the Contractor until directed by the Owner in writing. Should it become necessary to open a portion of the work to traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the RPR, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the Owner shall be repaired by the Contractor at their expense. The Contractor shall make their own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the contract work. The Contractor must conform to safety standards contained AC 150/5370-2 and the approved CSPP. Contractor shall refer to the plans, specifications, and the approved CSPP to identify barricade requirements, temporary and/or permanent markings, airfield lighting, guidance signs and other safety requirements prior to opening up sections of work to traffic. 70-14 Contractor's responsibility for work. Until the RPR's final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with Section 50, paragraph 50-14, Partial Acceptance, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non -execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of government authorities. If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at their own expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seeding, and sodding furnished under the contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-15 Contractor's responsibility for utility service and facilities of others. As provided in paragraph 70-04, Restoration of Surfaces Disturbed by Others, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the Owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control their operations to prevent the unscheduled interruption of such utility services and facilities. FAA General Provisions 31 of 48 FAA GP-31 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH 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/or in the contract documents. _It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of the responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the Owners of all utility services or other facilities of their plan of operations. Such notification shall be in writing addressed to "The Person to Contact" as provided in this paragraph and paragraph 70-04, Restoration of Surfaces Disturbed By Others. A copy of each notification shall be given to the RPR. In addition to the general written notification provided, it shall be the responsibility of the Contractor to keep such individual Owners advised of changes in their plan of operations that would affect such Owners. Prior to beginning the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such Owner of their plan of operation. If, in the Contractor's opinion, the Owner's assistance is needed to locate the utility service or facility or the presence of a representative of the Owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's "Person to Contact" no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the RPR. The Contractor's failure to give the two days' notice shall be cause for the Owner to suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use hand excavation methods within 3 feet (1 m) of such outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, the Contractor shall immediately notify the proper authority and the RPR and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the RPR continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to their operations whether due to negligence or accident. The Owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or their own surety. 70-16 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 by this contract, there shall be no liability upon the Engineer, RPR, their authorized representatives, or any officials of the Owner either personally or as an official of the Owner. It is understood that in such matters they act solely as agents and representatives of the Owner. 70-18 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 their surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill their obligations under the contract. A waiver on the part of the Owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. FAA General Provisions 32 of 48 FAA GP-32 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH 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. The Contractor shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, asphalts, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. 70-20 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 their operations, any building, part of a building, structure, or object that is incongruous with its surroundings, the Contractor shall immediately cease operations in that location and notify the RPR. The RPR will immediately investigate the Contractor's finding and the Owner will direct the Contractor to either resume operations or to suspend operations as directed. Should the Owner order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract change order or supplemental agreement as provided in Section 40, paragraph 40-04, Extra Work, and Section 90, paragraph 90-05, Payment for Extra Work. If appropriate, the contract change order or supplemental agreement shall include an extension of contract time in accordance with Section 80, paragraph 80-07, Determination and Extension of Contract Time. 70-21 Insurance Requirements. Contractor's Insurance must be in accordance with the City of Lubbock Contract Documents and Approved Forms. END OF SECTION 70 FAA General Provisions 33 of 48 FAA GP-33 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 AC 150/5370-1OH Intentionally Left Blank FAA General Provisions 34 of 48 FAA GP-34 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH Section 80 Execution 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 Resident Project Representative (RPR). The Contractor shall perform, with his organization, an amount of work equal to at least 25 percent of the total contract cost. Should the Contractor elect to assign their contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the Owner, and shall be consummated only on the written approval of the Owner. The Contractor shall provide copies of all subcontracts to the RPR 14 days prior to being utilized on the project. As a minimum, the information shall include the following: • Subcontractor's legal company name. • Subcontractor's legal company address, including County name. • Principal contact person's name, telephone and fax number. • Complete narrative description, and dollar value of the work to be performed by the subcontractor. • Copies of required insurance certificates in accordance with the specifications. • Minority/ non -minority status. 80-02 Notice to proceed (NTP). The Owners notice to proceed will state the date on which contract time commences. The Contractor is expected to commence project operations within seven (7) days of the NTP date. The Contractor shall notify the RPR at least 48 hours in advance of the time contract operations begins. The Contractor shall not commence any actual operations prior to the date on which the notice to proceed is issued by the Owner. 80-03 Execution and progress. Unless otherwise specified, the Contractor shall submit their coordinated construction schedule showing all work activities for the RPR's review and acceptance at least three (3) days prior to the st of we pre -construction conference. The Contractor's progress schedule, once accepted by the RPR, will represent the Contractor's baseline plan to accomplish the project in accordance with the terms and conditions of the Contract. The RPR will compare actual Contractor progress against the baseline schedule to determine that status of the Contractor's performance. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in theproposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the RPR's request, submit a revised schedule for completion of the work within the contract time and modify their operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the execution of the work be discontinued for any reason, the Contractor shall notify the RPR at least 48 hours in advance of resuming operations. FAA General Provisions 35 of 48 FAA GP-35 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH The Contractor shall not commence any actual construction prior to the date on which the NTP is issued by the Owner. The project schedule shall be prepared as a network diagram in Critical Path Method (CPM). It shall include information on the sequence of work activities, milestone dates, and activity duration. The schedule shall show all work items identified in the project proposal for each workarea and shall include the project start date and end date. The Contractor shall maintain the work schedule and provide an update and analysis of the progress schedule on a 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. 80-04 Limitation of operations. The Contractor shall control their operations and the operations of their subcontractors and all suppliers to provide for the free and unobstructed movement of aircraft in the air operations areas (AOA) of the airport. When the work requires the Contractor to conduct their operations within an AOA of the airport, the work shall be coordinated with airport operations (through the RPR) at least 48 hours prior to commencement of such work. The Contractor shall not close an AOA until so authorized by the RPR and until the necessary temporary marking, signage and associated lighting is in place as provided in Section 70, paragraph 70-08, Construction Safety and Phasing Plan (CSPP). When the contract work requires the Contractor to work within an AOA of the airport on an intermittent basis (intermittent opening and closing of the AOA), the Contractor shall maintain constant communications as specified; immediately obey all instructions to vacate the AOA; and immediately obey all instructions to resume work in such AOA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AOA until satisfactory conditions are provided. The areas of the AQA identified i the G as,..,,etier Safety Phasing Plan (GSPP) eefftinuous basis and will therefore be elesed to air-er-aft apefMieas intefmiAendy as follows: The Contractor shall be required to conform to safety standards contained in AC 150/5370-2, Operational Safety on Airports During Construction and the approved CSPP. 80-04.1 Operational safety on airport during construction. All Contractors' operations shall be conducted in accordance with the approved project Construction Safety and Phasing Plan (CSPP) and the Safety Plan Compliance Document (SPCD) and the provisions set forth within the current version of AC 150/5370-2, Operational Safety on Airports During Construction. The CSPP included within the contract documents conveys minimum requirements for operational safety on the airport during construction activities. The Contractor shall prepare and submit a SPCD that details how it proposes to comply with the requirements presented within the CSPP. The Contractor shall implement all necessary safety plan measures prior to commencement of any work activity. The Contractor shall conduct routine checks to assure compliance with the safety plan measures. The Contractor is responsible to the Owner for the conduct of all subcontractors it employs on the project. The Contractor shall assure that all subcontractors are made aware of the requirements of the CSPP and SPCD and that they implement and maintain all necessary measures. No deviation or modifications may be made to the approved CSPP and SPCD unless approved in writing by the Owner. The necessary coordination actions to review Contractor proposed modifications to an approved CSPP or approved SPCD can require a significant amount of time. 80-05 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. FAA General Provisions 36 of 48 FAA GP-36 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. Any person employed by the Contractor or by any subcontractor who violates any operational regulations or operational safety requirements and, in the opinion of the RPR, does not perform his work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the RPR, be removed immediately by the Contractor or subcontractor employing such person, and shall not be employed again in any portion of the work without approval of the RPR. Should the Contractor fail to remove such person or persons, or fail to furnish suitable and sufficient personnel for the proper execution of the work, the RPR may suspend the work by written notice until compliance with such orders. In addition, the following requirements will apply concerning all workers utilized on the project: a. The Contractor must provide and maintain, at all times on the project site of the work during its progress, adequate and competent superintendence of all operations for and in connection with the work. The Contractor must provide a capable superintendent acceptable to the Owner. Such representative must be able to read, write and speak English fluently and shall be authorized to receive instructions from the Engineer or his authorized representative. Said superintendent must have authority to see that the work is carried out in accordance with the Contract Documents and in a thorough and workmanlike manner in every respect. b. Incompetent, disorderly, intemperate or incorrigible employees of any authority level must be dismissed from the project by the Contractor or his representative when requested by the Engineer or the Owner, and such persons may not again be permitted to return to the work site without the written consent of the Owner. c. Any Contractor or subcontractor employee who violates the security and/or badging regulations of the Airport will be removed from the Airport and not allowed back on Airport property without the prior approval of the Owner. d. The Contractor must provide at the request of the Owner such reasonable information about his employees as may be necessary, including in part, name, address and eligibility to work on federally funded projects. 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 not cause injury to previously completed work, adjacent property, or existing airport facilities due to its use. When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans, and specifications. When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless otherwise authorized by the RPR. If the Contractor desires to use a method or type of equipment other than specified in the contract, the Contractor may request authority from the RPR to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the RPR determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall FAA General Provisions 37 of 48 FAA GP-37 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH remove any deficient work and replace it with work of specified quality, or take such other corrective action as the RPR 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 thisparagraph. 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 the Owner may deem necessary, due to unsuitable weather, or other conditions considered unfavorable for the execution of the work, or for such time necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the 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 written order to suspend work to the effective date of the written order to resume the work. Claims for such compensation shall be filed with the RPR within the time period stated in the RPR's order to resume work. The Contractor shall submit with their own claim information substantiating the amount shown on the claim. The RPR will forward the Contractor's claim to the Owner for consideration in accordance with state and local laws or ordinances. No provision of this affiele shall be eenstrued as entitling the GofAfaetef to eempensa&)a for- delays due to ifielement weather- er- for- any other- delay provide for- in the, f,,ael pl as Time extensions due to inclement weather will be as described in the City of Lubbock Contract Documents and Approved Forms. If it becomes 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. The Contractor 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 days shall be stated in the proposal and contract and shall be known as the Contract Time. If the contract time requires extension for reasons beyond the Contractor's control, it shall be adjusted as follows: 80-07.1 Contract time based on calendar days. 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 non -work 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. 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 paragraph 80-07, Determination and Extension of Contract Time) the sum specified in the contract and proposal as liquidated damages (LD) will be deducted from any money due or to become due the Contractor or their own surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages including but not limited to additional engineering services FAA General Provisions 38 of 48 FAA GP-38 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in their contract. Liquidated damages will be assesses as noted in the City of Lubbock Contract Documents and Approved Forms. The maximum construction time allowed for ce'�� all phases will be the sum of the time allowed for individual schedules but not more than 250 calendar days. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a 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 their contract and such default will be considered as cause for the Owner to terminate the contract for any of the followings but not limited to, 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 and/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 execution of the work, or e. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or f. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or g. Allows any final judgment to stand against the Contractor unsatisfied for a period of 10 days, or h. Makes an assignment for the benefit of creditors, or i. For any other cause whatsoever, fails to carry on the work in an acceptablemanner. Should the Owner consider the Contractor in default of the contract for any reason above, the Owner shall immediately give written notice to the Contractor and the Contractor's surety as to the reasons for considering the Contractor in default and the Owner's intentions to terminate the contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Owner will, upon written notification from the RPR of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the contract, to take the execution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the RPR 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 Termination 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 execution of war or in the interest of national defense. FAA General Provisions 39 of 48 FAA GP-39 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH 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 RPR. Termination of the contract or a portion thereof shall neither relieve the Contractor of their responsibilities for the completed work nor shall it relieve their 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 RPR prior to beginning any work in all areas of the airport. No operating runway, taxiway, or air operations area (AOA) shall be crossed, entered, or obstructed while it is operational. The Contractor shall plan and coordinate work in accordance with the approved CSPP and SPCD. END OF SECTION 80 FAA General Provisions 40 of 48 FAA GP-40 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH Section 90 Measurement and Payment 90-01 Measurement of quantities. All work completed under the contract will be measured by the RPR, or their authorized representatives, using United States Customary Units of Measurement. 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 meters) or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the RPR. 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. 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 andaccessories. When requested by the Contractor and approved by the RPR in writing, material specified to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be converted to cubic yards (cubic meters) for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the RPR and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. Measurement and Payment Terms Term Description Excavation and the be , aver -age end afea method will use Embankment „Foss other -wise speeifie . No modifications to those quantities in the Bid Volume Form will be made. Measurement and The term "ton" will mean the short ton consisting of 2,000 pounds (907 km) Proportion by avoirdupois. All materials that are measured or proportioned by weights shall be Weight weighed on accurate, independently certified scales by competent, qualified personnel at locations designated by the RPR. 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 RPR directs, and each truck shall bear a plainly legible identification mark. Measurement by Materials to be measured by volume in the hauling vehicle shall be hauled in Volume approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable for the materials hauled, provided FAA General Provisions 41 of 48 FAA GP-41 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 AC 150/5370-1OH Term Description that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery. Asphalt Mater-ia Asphalt be by the ton Whe materials will measufed gallon (liter-) or- (kg). 0 0 0 0 to the eeffeeted veleme at based in the eet4ified seale weigh4s or- weights oft eet4ified volumes ease of mil has been lost from the the distfibiiter-, aspha4t fnater-ial ear- or- wasted -,-Of ifteerperatedintheWhen b other-wisefietwofk. asphalt materials are shipped tfuekt by to for- less or- spert, f}et eei4i ied weigh*s volume, subjeet eerreetien Cement Cement will be measured by the ton (kg) or hundredweight (km). Structure Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. ineer-per-a4ed in the Measiffement be based stndettife. will en neminal widths Plates and Sheets The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inch. Miscellaneous When standard manufactured items are specified such as fence, wire, plates, Items rolled shapes, pipe conduit, etc., and these items are identified by gauge, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. Scales Scales must be tested for accuracy and serviced before use. Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales shall be accurate within 0.5% of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the RPR before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed 0.1 % of the nominal rated capacity of the scale, but not less than one pound (454 grams). The use of spring balances will not be permitted. FAA General Provisions 42 of 48 FAA GP-42 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH Term Description In the event inspection reveals the scales have been "overweighing" (indicating more than correct weight) they will be immediately adjusted. All materials received subsequent to the last previous correct weighting -accuracy test will be reduced by the percentage of error in excess of 0.5%. In the event inspection reveals the scales have been under -weighing (indicating less than correct weight), they shall be immediately adjusted. No additional payment to the Contractor will be allowed for materials previously weighed and recorded. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the RPR can safely and conveniently view them. Scale installations shall have available ten standard 50-pound (2.3 km) weights for testing the weighing equipment or suitable weights and devices for other approved equipment. All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project. Rental Equipment Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered in connection with extra work will be measured as agreed in the change order or supplemental agreement authorizing such work as provided in paragraph 90-05 Payment for Extra Work. Pay Quantities When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the RPR. 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 execution thereof, subject to the provisions of Section 70, paragraph 70-18, No Waiver of Legal Rights. When the "basis of payment" (or similar) 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 Section 40, paragraph 40-02, Alteration of Work and FAA General Provisions 43 of 48 FAA GP-43 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH Quantities, will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from their own unbalanced allocation of overhead and profit among the contract items, or from any othercause. 90-04 Payment for omitted items. As specified in Section 40, paragraph 40-03, Omitted Items, the RPR 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 RPR 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 RPR's order to omit or non -perform such contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the RPR'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 RPR'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 work. Extra work, performed in accordance with Section 40, paragraph 40-04, Extra Work, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. 90-06 Partial payments. Partial payments will be made to the Contractor at least once each month as the work progresses. Said payments will be based upon estimates, prepared by the RPR, of the value of the work performed and materials complete and in place, in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with paragraph 90-07, Payment for Materials on Hand. No partial payment will be made when the amount due to the Contractor since the last estimate amounts to less than five hundred dollars. a. From the total of the amount determined to be payable on a partial payment, five percent (5%) of such total amount will be deducted and retained by the Owner for protection of the Owner's interests. Unless otherwise instructed by the Owner, the amount retained by the Owner will be in effect until the final payment is made except as follows: (1) Contractor may request release of retainage on work that has been partially accepted by the Owner in accordance with Section 50-03. Contractor must provide a certified invoice to the RPR that supports the value of retainage held by the Owner for partially acceptedwork. (2) In lieu of retainage, the Contractor may exercise at its option the establishment of an escrow account per paragraph 90-08. b. The Contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than 30 days after the Contractor has received a partial payment. Contractor must provide the Owner evidence of prompt and full payment of retainage held by the prime Contractor to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed. A subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Owner. When the Owner has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. c. When at least 95% of the work has been completed to the satisfaction of the RPR, the RPR shall, at the Owner's discretion and with the consent of the surety, prepare estimates of both the contract value and the cost of the remaining work to be done. The Owner may retain an amount not FAA General Provisions 44 of 48 FAA GP-44 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH 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 RPR to be a part of the final quantity for the item of work in question. No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in paragraph 90-09, Acceptance and Final Payment. The Contractor shall deliver to the Owner a complete release of all claims for labor and material arising out of this contract before the final payment is made. If any subcontractor or supplier fails to furnish such a release in full, the Contractor may furnish a bond or other collateral satisfactory to the Owner to indemnify the Owner against any potential lien or other such claim. The bond or collateral shall include all costs, expenses, and attorney fees the Owner may be compelled to pay in discharging any such lien orclaim. 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: a. The material has been stored or stockpiled in a manner acceptable to the RPR at or on an approved site. b. The Contractor has furnished the RPR with acceptable evidence of the quantity and quality of such stored or stockpiled materials. c. The Contractor has furnished the RPR 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 stored or stockpiled. e. The Contractor has furnished the Owner evidence that the material stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the work. 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 their responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans, and specifications. In no case will the amount of 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 paragraph. 90-08 Payment of withheld funds. At the Contractor's option, if an Owner withholds retainage in accordance with the methods described in paragraph 90-06 Partial Payments, the Contractor may, with written consent of the surety, request that the Owner deposit the retainage into an escrow account. The Owner's deposit of retainage into an escrow account is subject to the followingconditions: a. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the Owner. FAA General Provisions 45 of 48 FAA GP-45 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH 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 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 Section 50, paragraph 50-15, Final Acceptance, the RPR will prepare the final estimate of the items of work actually performed. The Contractor shall approve the RPR's final estimate or advise the RPR of the Contractor's objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the RPR shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the RPR's final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the RPR'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 Section 50, paragraph 50-16, Claims for Adjustment and Disputes. After the Contractor has approved, or approved under protest, the RPR's final estimate, and after the RPR's receipt of the project closeout documentation required in paragraph 90-11, Contractor Final Project Documentation, 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 andpayment. If the Contractor has filed a claim for additional compensation under the provisions of Section 50, paragraph 50-16, Claims for Adjustments and Disputes, or under the provisions of this paragraph, such claims will be considered by the Owner in accordance with state and 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. See Section G-112, Project Closeout, for additional acceptance requirements. In the case of discrepancy, the most stringent requirements will govern. 90-10 Construction warranty. a. In addition to any other warranties in this contract, the Contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, workmanship, or design furnished, or performed by the Contractor or any subcontractor or supplier at any tier. b. This warranty shall continue for a period of one year from the date of final acceptance of the work, except as noted. If the Owner takes possession of any part of the work before final acceptance, this warranty shall continue for a period of one year from the date the Owner takes possession. However, this will not relieve the Contractor from corrective items required by the final acceptance of the project work. Light Emitting Diode emitting diode (LED) light fixtures with the exception of obstruction lighting, must be warranted by the manufacturer for a minimum of four (4) years after date of installation inclusive of all electronics. c. The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Owner real or personal property, when that damage is the result of the Contractor's failure to conform to contract requirements; or any defect of equipment, material, workmanship, or design furnished by the Contractor. FAA General Provisions 46 of 48 FAA GP-46 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT AC 150/5370-1OH d. The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for one year from the date of repair or replacement. e. The Owner will notify the Contractor, in writing, within seven (7) days after the discovery of any failure, defect, or damage. f. If the Contractor fails to remedy any failure, defect, or damage within 14 days after receipt of notice, the Owner shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. g. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall: (1) Obtain all warranties that would be given in normal commercial practice; (2) Require all warranties to be executed, in writing, for the benefit of the Owner, as directed by the Owner, and (3) Enforce all warranties for the benefit of the Owner. h. This warranty shall not limit the Owner's rights with respect to latent defects, gross mistakes, or fraud. 90-11 Contractor Final Project Documentation. Approval of final payment to the Contractor is contingent upon completion and submittal of the items listed below. The final payment will not be approved until the RPR approves the Contractor's final submittal. The Contractor shall: a. Provide two (2) copies of all manufacturers warranties specified for materials, equipment, and installations. b. Provide weekly payroll records (not previously received) from the general Contractor and all subcontractors. c. Complete final cleanup in accordance with Section 40, paragraph 40-08, Final Cleanup. d. Complete all punch list items identified during the Final Inspection. e. Provide complete release of all claims for labor and material arising out of the Contract. f. Provide a certified statement signed by the subcontractors, indicating actual amounts paid to the Disadvantaged Business Enterprise (DBE) subcontractors and/or suppliers associated with theproject. g. When applicable per state requirements, return copies of sales tax completion forms. h. Manufacturer's certifications for all items incorporated in the work. i. All required record drawings, as -built drawings or as -constructed drawings. j. Project Operation and Maintenance (O&M) Manual(s). k. Security for Construction Warranty. 1. Equipment commissioning documentation submitted, if required. END OF SECTION 90 FAA General Provisions 47 of 48 FAA GP-47 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 AC 150/5370-1OH Intentionally Left Blank FAA General Provisions 48 of 48 FAA GP-48 p,l A V►�� �O = Mandatory Federal Contract Provisions a o �N►srn b, Note: Where portions of text have been lined through (fie), this text has been deleted and does not apply to this project. Where portions of text have been bolded and shaded (example), this text has been added and is binding to this project. Contents Purposeof this Document......................................................................................................... 3 ContractGuidance ........................................................................................................................................ 3 1. Al ACCESS TO RECORDS AND REPORTS.............................................................................. 5 Appendix A — CONTRACT PROVISIONS................................................................................................. 5 A2 AFFIRMATIVE ACTION REQUIREMENT.......................................................................... 5 A3 BREACH OF CONTRACT TERMS....................................................................................... 6 A4 BUY AMERICAN PREFERENCE.......................................................................................... 7 A5 CIVIL RIGHTS - GENERAL.................................................................................................12 A6 CIVIL RIGHTS — TITLE VI ASSURANCE..........................................................................12 A7 CLEAN AIR AND WATER POLLUTION CONTROL.......................................................15 A8 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS .....15 A9 COPELAND "ANTI -KICKBACK" ACT..............................................................................16 A 10 DAVIS-BACON REQUIREMENTS.....................................................................................16 All DEBARMENT AND SUSPENSION..................................................................................... 22 Al2 DISADVANTAGED BUSINESS ENTERPRISE..................................................................23 A13 DISTRACTED DRIVING......................................................................................................24 A14 ENERGY CONSERVATION REQUIREMENTS.................................................................25 A15 DRUG FREE WORKPLACE REQUIREMENTS.................................................................25 A 16 EQUAL EMPLOYEMENT OPPORTUNITY (EEO)............................................................ 25 A17 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) .............. 31 A18 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES ........................................... 31 A19 PROHIBITION OF SEGREGATED FACILITIES................................................................32 A20 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970............................................... 33 A21 PROCUREMENT OF RECOVERED MATERIALS............................................................ 33 Mandatory Federal Contract Provisions 1 of 38 A22SEISMIC SAFETY.................................................................................................................34 A23 TAX DELINQUENCY AND FELONY CONVICTIONS.................................................... 34 A24 TERMINATION OF CONTRACT........................................................................................ 35 A25 TRADE RESTRICTION CERTIFICATION......................................................................... 37 A26 VETERAN'S PREFERENCE................................................................................................ 38 Mandatory Federal Contract Provisions 2 of 38 CONTRACT GUIDANCE Purpose of this Document 1) The term Sponsor is used in this document to mean either an obligated sponsor on a project that is not federally funded, or a sponsor on an AIP funded project. The Sponsor for this project is the City of Lubbock, Texas. 1. 2) The term Owner is generally used in the solicitation or contract clauses because of its common use in public contracts. The Owner for this project is the City of Lubbock, Texas. 3) An Owner becomes an obligated sponsor upon acceptance of the Airport Improvement Program (AIP) grant assurances associated with current or prior AIP grant funded projects. 4) For purposes of determining requirements for contract provisions, the term contract includes subcontracts and supplier contracts such as purchase orders. 5) For purpose of remaining compliant with its obligations, a sponsor must incorporate applicable contract provisions in all its procurements and contract documents. Unless otherwise stated, these provisions flow down to subcontracts and sub -tier agreements. 6) The term Contractor is understood to mean a contractor, subcontractor, or consultant; and means one who participates, through a contract or subcontract (at any tier). 7) The term bid is understood to mean a bid, an offer, or a proposal. 8) Applicant: a. For the Equal Employment Opportunity (EEO) clause, the term applicant means an applicant for employment (whether or not the phrase, for employment, follows the word applicant or applicants). b. For all other clauses, the term applicant means a bidder, offeror, or proposer for a contract. The following mandatory provisions are required as part of this solicitation, and the Contractor is required to insert these contract provisions in each lower tier contract resulting from this contract. The Prime Contractor assumes responsibility for compliance with these contract provisions for itself and any subcontractors. Mandatory Federal Contract Provisions 3 of 38 Intentionally Left Blank Mandatory Federal Contract Provisions 4 of 38 APPENDIX A - CONTRACT PROVISIONS Al ACCESS TO RECORDS AND REPORTS A1.1 SOURCE 2 CFR § 200.333 2 CFR § 200.336 FAA Order 5100.38 A1.2 CONTRACT CLAUSE ACCESS TO RECORDS AND REPORTS The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. A2 AFFIRMATIVE ACTION REQUIREMENT A2.1 SOURCE 41 CFR part 60-4 Executive Order 11246 A2.2 SOLICITATION CLAUSE NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY 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: 3.9% Goals for female participation in each trade: 6.9% These goals are applicable to all of 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 Mandatory Federal Contract Provisions 5 of 38 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 must 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 of the Office of Federal Contract Compliance Programs (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 the 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 the State of Texas, Potter County, City of Lubbock. A3 BREACH OF CONTRACT TERMS A3.1 SOURCE 2 CFR § 200 Appendix II(A) A3.2 CONTRACT CLAUSE BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. Owner will provide Contractor written notice that describes the nature of the breach and corrective actions the Consultant must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the contract. The Owner's notice will identify a specific date by which the Consultant must correct the breach. Owner may proceed with termination of the contract if the Consultant fails to correct the breach by the deadline indicated in the Owner's notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. Mandatory Federal Contract Provisions 6 of 38 A4 BUY AMERICAN PREFERENCE A4.1 SOURCE Title 49 USC § 50101 A4.2 SOLICITATION CLAUSE A4.2.1 Buy American Preference Statement BUY AMERICAN PREFERENCE The Contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. A bidder or offeror must complete and submit the Buy America certification included herein with their bid or offer. The Owner will reject as nonresponsive any bid or offer that does not include a completed Certificate of Buy American Compliance. Mandatory Federal Contract Provisions 7 of 38 A4.2.2 Certificate of Buy American Compliance — Total Facility CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR TOTAL FACILITY As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with its proposal. The bidder or offeror must indicate how it intends to comply with 49 USC § 50101 by selecting one of the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (i.e. not both) by inserting a checkmark (✓) or the letter "X". ❑ Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by: a) Only installing steel and manufactured products produced in the United States; or b) Installing manufactured products for which the Federal Aviation Administration (FAA) has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing; or c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement, the bidder or offeror agrees: • To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. • To faithfully comply with providing U.S. domestic products. • To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. ❑ The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American Preferences of 49 USC § 50101 (a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees: a) To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that supports the type of waiver being requested. b) That failure to submit the required documentation within the specified timeframe is cause for a non -responsive determination that may result in rejection of the proposal. c) To faithfully comply with providing U.S. domestic products at or above the approved U.S. domestic content percentage as approved by the FAA. d) To furnish U.S. domestic product for any waiver request that the FAA rejects. e) To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. Required Documentation Type 3 Waiver — The cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components and subcomponents of the "facility". The required documentation for a Type 3 waiver is: a) Listing of all manufactured products that are not comprised of 100 percent U.S. domestic content (excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non -domestic products in their entirety). Mandatory Federal Contract Provisions 8 of 38 b) Cost of non -domestic components and subcomponents, excluding labor costs associated with final assembly and installation at project location. c) Percentage of non -domestic component and subcomponent cost as compared to total "facility" component and subcomponent costs, excluding labor costs associated with final assembly and installation at project location. Type 4 Waiver — Total cost of project using U.S. domestic source product exceeds the total project cost using non -domestic product by 25 percent. The required documentation for a Type 4 of waiver is: a) Detailed cost information for total project using U.S. domestic product b) Detailed cost information for total project using non -domestic product False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code. Date Company Name Signature Title Mandatory Federal Contract Provisions 9 of 38 A4.2.3 Certificate of Buy American Compliance — Manufactured Product Certificate of Buy American Compliance for Manufactured Products As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a checkmark (✓) or the letter «X„ ❑ Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by: a) Only installing steel and manufactured products produced in the United States; b) Installing manufactured products for which the Federal Aviation Administration (FAA) has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing; or c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement, the bidder or offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing U.S. domestic product. 3. To furnish U.S. domestic product for any waiver request that the FAA rejects 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. ❑ The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American Preferences of 49 USC § 50101 (a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees: 1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that supports the type of waiver being requested. 2. That failure to submit the required documentation within the specified timeframe is cause for a non -responsive determination may result in rejection of the proposal. 3. To faithfully comply with providing U.S. domestic products at or above the approved U.S. domestic content percentage as approved by the FAA. 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. Required Documentation Type 3 Waiver — The cost of the item components and subcomponents produced in the United States is more that 60 percent of the cost of all components and subcomponents of the "item". The required documentation for a Type 3 waiver is: a) Listing of all product components and subcomponents that are not comprised of 100 percent U.S. domestic content (Excludes products listed on the FAA Nationwide Buy Mandatory Federal Contract Provisions 10 of 38 American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of unknown origin must be considered as non -domestic products in their entirety). b) Cost of non -domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture. c) Percentage of non -domestic component and subcomponent cost as compared to total "item" component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture. Type 4 Waiver — Total cost of project using U.S. domestic source product exceeds the total project cost using non -domestic product by 25 percent. The required documentation for a Type 4 of waiver is: a) Detailed cost information for total project using U.S. domestic product b) Detailed cost information for total project using non -domestic product False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code. Date Company Name Signature Title Mandatory Federal Contract Provisions 11 of 38 A5 CIVIL RIGHTS - GENERAL A5.1 SOURCE 49 USC § 47123 A5.2 CONTRACT CLAUSE GENERAL CIVIL RIGHTS PROVISIONS The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. A6 CIVIL RIGHTS — TITLE VI ASSURANCE A6.1 SOURCE 49 USC § 47123 FAA Order 1400.11 A6.2 SOLICITATION CLAUSE 1) All AIP funded solicitations for bids, requests for proposals, or any work subject to Title VI regulations; and 2) All sponsor proposals for negotiated agreements regardless of funding source. A6.2.1 Title VI Solicitation Notice Title VI Solicitation Notice: The Sponsor, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC § § 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, select disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Mandatory Federal Contract Provisions 12 of 38 A6.3 CONTRACT CLAUSES A6.3.1 Title VI Clauses for Compliance with Nondiscrimination Requirements Compliance with Nondiscrimination Requirements: During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor"), agrees as follows: 1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 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 will be notified by the Contractor of the contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will 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 to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, Mandatory Federal Contract Provisions 13 of 38 or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. A6.3.2 Title VI List of Pertinent Nondiscrimination Acts and Authorities Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally -assisted programs of the Department of Transportation —Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC § § 12131 — 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Mandatory Federal Contract Provisions 14 of 38 Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq). A7 CLEAN AIR AND WATER POLLUTION CONTROL A7.1 SOURCE 2 CFR § 200, Appendix II(G) A7.2 CONTRACT CLAUSE CLEAN AIR AND WATER POLLUTION CONTROL Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. Contractor must include this requirement in all subcontracts that exceeds $150,000. A8 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS A8.1 SOURCE 2 CFR § 200, Appendix II(E) A8.2 CONTRACT CLAUSE CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 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) of this clause, 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) of this clause, 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) of this clause. Mandatory Federal Contract Provisions 15 of 38 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration (FAA) or the Owner 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 moneys 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) of this clause. 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 clause. A9 COPELAND "ANTI -KICKBACK" ACT A9.1 SOURCE 2 CFR § 200, Appendix II(D) 29 CFR Parts 3 and 5 A9.2 CONTRACT CLAUSE COPELAND "ANTI -KICKBACK" ACT Contractor must comply with the requirements of the Copeland "Anti -Kickback" Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration. A10 DAVIS-BACON REQUIREMENTS A10.1 SOURCE 2 CFR § 200, Appendix II(D) 29 CFR Part 5 Mandatory Federal Contract Provisions 16 of 38 A10.2 CONTRACT CLAUSE 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 l(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 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 set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of Mandatory Federal Contract Provisions 17 of 38 receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program: Provided that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding. The Federal Aviation Administration or the sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of 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 l (b)(2)(B) of the Davis -Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Mandatory Federal Contract Provisions 18 of 38 Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and that show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at www.doLgov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, Sponsor, or Owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) The payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete; (2) 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) 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. Mandatory Federal Contract Provisions 19 of 38 (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, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the 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. Mandatory Federal Contract Provisions 20 of 38 (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (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. 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. Mandatory Federal Contract Provisions 21 of 38 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 USC 1001. All DEBARMENT AND SUSPENSION All.l SOURCE 2 CFR part 180 (Subpart C) 2 CFR part 1200 DOT Order 4200.5 A11.2 SOLICITATION CLAUSE Al1.2.1 Bidder or Offeror Certification CERTIFICATION OF OFFERER/BIDDER REGARDING DEBARMENT By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. A11.2.2 Lower Tier Contract Certification CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction", must verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov. 2. Collecting a certification statement similar to the Certification of Offerer Bidder Regarding Debarment, above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract. Mandatory Federal Contract Provisions 22 of 38 If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non -compliant participant. Al2 DISADVANTAGED BUSINESS ENTERPRISE Al2.1 SOURCE 49 CFR part 26 Al2.2 REQUIRED PROVISIONS Al2.2.1 Solicitations that include a Project Goal Information Submitted as a matter of bidder responsiveness: The Owner's award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR §26.53. As a condition of bid responsiveness, the Bidder or Offeror must submit the following information with its proposal on the forms provided herein: 1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract; 2) A description of the work that each DBE firm will perform; 3) The dollar amount of the participation of each DBE firm listed under (1) 4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Owner's project goal; and 5) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. Information submitted as a matter of bidder responsibility The Owner's award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort requirements of 49 CFR §26.53. The successful Bidder or Offeror must provide written confirmation of participation from each of the DBE firms the Bidder or Offeror lists in its commitment within five days after bid opening. 1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract; 2) A description of the work that each DBE firm will perform; 3) The dollar amount of the participation of each DBE firm listed under (1) 4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed under (1) to meet the Owner's project goal; and 5) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26. Mandatory Federal Contract Provisions 23 of 38 Al2.2.2 Race/Gender Neutral Means The requirements of 49 CFR part 26 apply to this contract. It is the policy of the Sponsor to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. Al2.2.3 Projects Covered by a DBE Program 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 Department of Transportation -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 Owner deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the Contractor from future bidding as non -responsible. Prompt Payment (§26.29) — The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime contractor receives from the Owner. The prime contractor agrees further to return retainage payments to each subcontractor within 10 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Owner. This clause applies to both DBE and non -DBE subcontractors. A13 DISTRACTED DRIVING A13.1 SOURCE Executive Order 13513 DOT Order 3902.10 A13.2 CONTRACT CLAUSE 10 W1 Y 1.[lii.L 01 �1► 119 VIJ►to] In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving", (10/1/2009) and DOT Order 3902.10, "Text Messaging While Driving", (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety Mandatory Federal Contract Provisions 24 of 38 policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub -tier contracts exceeding $3,500 that involve driving a motor vehicle in performance of work activities associated with the project. A14 ENERGY CONSERVATION REQUIREMENTS A14.1 SOURCE 2 CFR § 200, Appendix II(H) A14.2 CONTRACT CLAUSE ENERGY CONSERVATION REQUIREMENTS Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 620let seq). A15 DRUG FREE WORKPLACE REQUIREMENTS A15.1 SOURCE 49 CFR part 32 Drug -Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended) A15.2 CONTRACT CLAUSE None. A16 EQUAL EMPLOYEMENT OPPORTUNITY (EEO) A16.1 SOURCE 2 CFR 200, Appendix II(C) 41 CFR § 60-1.4 41 CFR § 60-4.3 Executive Order 11246 A16.2 MANDATORY CONTRACT CLAUSE A16.2.1 EEO Contract Clause EQUAL OPPORTUNITY CLAUSE During the performance of this contract, the Contractor agrees as follows: Mandatory Federal Contract Provisions 25 of 38 (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, sexual orientation, gender identify, 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 it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures 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 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 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. Mandatory Federal Contract Provisions 26 of 38 A16.2.2 EEO Specification STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having 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 part 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has Mandatory Federal Contract Provisions 27 of 38 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. Mandatory Federal Contract Provisions 28 of 38 e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions, including specific review of these items, with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other contractors and 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. 1. 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. Mandatory Federal Contract Provisions 29 of 38 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 (7a through 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 7a through 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. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR part 60-4.8. Mandatory Federal Contract Provisions 30 of 38 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall 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). A17 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) A17.1 SOURCE 29 USC § 201, et seq A17.2 SOLICITATION CLAUSE All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers. The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Consultant must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor — Wage and Hour Division. A18 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES A18.1 SOURCE 31 USC § 1352 — Byrd Anti -Lobbying Amendment 2 CFR part 200, Appendix II(J) 49 CFR part 20, Appendix A A18.2 CONTRACT CLAUSE CERTIFICATION REGARDING LOBBYING The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: Mandatory Federal Contract Provisions 31 of 38 (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. A19 PROHIBITION OF SEGREGATED FACILITIES A19.1 SOURCE 41 CFR § 60 A19.2 CONTRACT CLAUSE PROHIBITION OF SEGREGATED FACILITIES (a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. (b) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, 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 that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single -user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. Mandatory Federal Contract Provisions 32 of 38 (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract. A20 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 A20.1 SOURCE 29 CFR part 1910 A20.2 CONTRACT CLAUSE All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor — Occupational Safety and Health Administration. A21 PROCUREMENT OF RECOVERED MATERIALS A21.1 SOURCE 2 CFR § 200.322 40 CFR part 247 Solid Waste Disposal Act A21.2 CONTRACT CLAUSE PROCUREMENT OF RECOVERED MATERIALS Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are lio use products containing the highest percentage of recovered materials for items designated by the 2�nvironmental Protection Agency (EPA) under 40 CFR Part 247 whenever: The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year. The list of EPA -designated items is available at www.epa.gov/smm/comprehensive-procurement- guidelines-construction-products. Section 6002(c) establishes exceptions to the preference for recovery of EPA -designated products if the contractor can demonstrate the item is: Mandatory Federal Contract Provisions 33 of 38 a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule; b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price. A22 SEISMIC SAFETY A22.1 SOURCE 49 CFR part 41 A22.2 CONTRACT CLAUSE SEISMIC SAFETY The Contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. A23 TAX DELINQUENCY AND FELONY CONVICTIONS A23.1 SOURCE Sections 415 and 416 of Title IV, Division L of the Consolidated Appropriations Act, 2014 (Pub. L. 113- 76), and similar provisions in subsequent appropriations acts. DOT Order 4200.6 - Requirements for Procurement and Non -Procurement Regarding Tax Delinquency and Felony Convictions A23.2 CONTRACT CLAUSE CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark (✓) in the 1pace following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts. Certifications 2) The applicant represents that it is ( ) is not ( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. The applicant represents that it is ( ) is not ( ) is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. Mandatory Federal Contract Provisions 34 of 38 Note If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government's interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District Office, which will then notify the agency's SDO to facilitate completion of the required considerations before award decisions are made. Term Definitions Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559. Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. A24 TERMINATION OF CONTRACT A24.1 SOURCE 2 CFR § 200 Appendix II(B) FAA Advisory Circular 150/5370-10, Section 80-09 A24.2 CONTRACT CLAUSE A24.2.1 Termination for Convenience TERMINATION FOR CONVENIENCE The Owner may terminate this contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause: 1. Contractor must immediately discontinue work as specified in the written notice. 2. Terminate all subcontracts to the extent they relate to the work terminated under the notice. 3. Discontinue orders for materials and services except as directed by the written notice. 4. Deliver to the Owner all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work, and as directed in the written notice. 5. Complete performance of the work not terminated by the notice. 6. Take action as directed by the Owner to protect and preserve property and work related to this contract that Owner will take possession. Mandatory Federal Contract Provisions 35 of 38 Owner agrees to pay Contractor for: completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination; documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the contract documents in connection with uncompleted work; reasonable and substantiated claims, costs, and damages incurred in settlement of terminated 2) contracts with Subcontractors and Suppliers; and reasonable and substantiated expenses to the Contractor directly attributable to Owner's 3) termination action. Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the Owner's termination action. The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this contract. A24.2.2 Termination for Default TERMINATION FOR DEFAULT (CONSTRUCTION) Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions, rights, and remedies associated with Owner termination of this contract due to default of the Contractor. TERMINATION FOR DEFAULT (EQUIPMENT) The Owner may, by written notice of default to the Contractor, terminate all or part of this Contract if the Contractor: 1. Fails to commence the Work under the Contract within the time specified in the Notice- to -Proceed; 2. Fails to make adequate progress as to endanger performance of this Contract in accordance with its terms; 3. Fails to make delivery of the equipment within the time specified in the Contract, including any Owner approved extensions; 4. Fails to comply with material provisions of the Contract; 5. Submits certifications made under the Contract and as part of their proposal that include false or fraudulent statements; or 6. Becomes insolvent or declares bankruptcy. If one or more of the stated events occur, the Owner will give notice in writing to the Contractor and Surety of its intent to terminate the contract for cause. At the Owner's discretion, the notice may allow the Contractor and Surety an opportunity to cure the breach or default. If within 10 days of the receipt of notice, the Contractor or Surety fails to remedy the breach or default to the satisfaction of the Owner, the Owner has authority to acquire equipment by other procurement action. The Contractor will be liable to the Owner for any excess costs the Owner incurs for acquiring such similar equipment. Mandatory Federal Contract Provisions 36 of 38 Payment for completed equipment delivered to and accepted by the Owner shall be at the Contract price. The Owner may withhold from amounts otherwise due the Contractor for such completed equipment, such sum as the Owner determines to be necessary to protect the Owner against loss because of Contractor default. Owner will not terminate the Contractor's right to proceed with the Work under this clause if the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such acceptable causes include: acts of God, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, and severe weather events that substantially exceed normal conditions for the location. If, after termination of the Contractor's right to proceed, the Owner determines that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the Owner issued the termination for the convenience the Owner. The rights and remedies of the Owner in this clause are in addition to any other rights and remedies provided by law or under this contract. A25 TRADE RESTRICTION CERTIFICATION A25.1 SOURCE 49 USC § 50104 49 CFR part 30 A25.2 SOLICITATION CLAUSE TRADE RESTRICTION CERTIFICATION By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror — 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR); 2) 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 included on the list of countries that discriminate against U.S. firms as published by the USTR; and 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR. 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 USC Section 1001. The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written Mandatory Federal Contract Provisions 37 of 38 notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or 3) who incorporates in the public works project any product of a foreign country on such USTR list. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. A26 VETERAN'S PREFERENCE A26.1 SOURCE 49 USC § 47112(c) A26.2 CONTRACT CLAUSE VETERAN'S PREFERENCE In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub -tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam -era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. END OF ITEM Mandatory Federal Contract Provisions 38 of 38 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT SUPPLEMENTARY PROVISIONS NOTE: Revisions, supplements or notes, if any, to the General Provisions will be made and found in these Supplementary Provisions. Unless revisions, supplements or notes addressing the General Provisions are found in these Supplementary Provisions, the General Provisions remain as presented in their entirety. LAWS TO BE OBSERVED The Contractor is required to be familiar with all laws, ordinances and regulations which may in any manner affect the equipment or materials used in the proposed construction, those employed on the work or the conduct of the work, and he shall save harmless and indemnify the Owner and his representatives against any claim arising from violation thereof. PERMITS AND LICENSES The Contractor shall procure all permits and licenses and pay all charges and fees necessary and incidental to the due and lawful prosecution of the work. SANITATION PROVISIONS The Contractor shall observe all rules and regulations of the State and Local health officials and must take such precautions as are necessary to avoid creating unsanitary conditions. PUBLIC CONVENIENCE AND SAFETY The Contractor shall, at all times, so conduct his work as to ensure the least possible obstruction to traffic. The safety and convenience of the general public and the residents along the highway and the protection of persons and property shall be provided by the Contractor at all times in accordance with the authority which has jurisdiction over the highway. PROTECTION AND RESTORATION OF PROPERTY The Contractor shall restore, at his own expense, any public or private property damaged or injured in consequence of any act or omission on his part or on the part of his employees or agents, to a condition similar and equal to that existing before such damage or injury was done. If the Contractor neglects to repair or to make restoration within twenty-four (24) hours after receiving notice that such repair or restoration is necessary, the Owner shall proceed to make such repairs or restoration and will deduct the cost thereof from any monies that are or may become due to the Contractor. PROTECTION OF WORK The Contractor shall assume full responsibility for the safe -guarding and protection of all buildings, poles, conduits, manholes, catchbasins, valve boxes, trees, water mains and services, storm and sanitary sewers, gas mains and services, or other structures which may occur near his work or which in any way may be affected by any of his work under this contract except as otherwise specifically stated in the contract or specifications. RESPONSIBILITY FOR MOVING OF STRUCTURES Any buildings, poles, conduits, manholes, catchbasins, valve boxes, trees, water mains and services, storm and sanitary sewers, gas mains and services or other structures which in the opinion of the Engineer will have to be moved or changed in order to permit the proper construction of the work, will be moved or changed by the respective owners at the insistence of the Owner, unless otherwise specifically stated in the contract, but any such structures which, in SUPPLEMENTAL PROVISIONS SP - 1 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT the opinion of the Architect / Engineer, can be left without being disturbed, shall be left and the Contractor shall take all necessary precautions for their protection and he will be held fully responsible for their protection. All costs resulting from the moving of such structures shall be borne by the Contractor and shall be included in the unit prices or lump sums bid for the work included in the contract. QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen (16) years, and no person currently serving sentence in a penal correctional institution shall be employed to perform any work on the project under this contract. No person whose age or physical condition is such as to make his employment dangerous to his health or safety or to the health and safety of others shall be employed to perform any work on the project under this contract, provided that this sentence shall not operate against the employment of physically handicapped persons, otherwise employable, where such persons may be safely assigned to work which they can ably perform. There shall be no discrimination because of race, creed, color, national origin or political affiliations in the employment of persons for work on the project under this contract. LABOR PREFERENCE AND EMPLOYMENT SERVICE (With respect to all skilled, semi -skilled and unskilled workers employed on the project under this contract.) To the fullest extent possible, appropriate workers, to be secured through employment services, shall be chosen from the list of qualified workers submitted by local employment agencies designated by the United States Employment Service, provided that Union workers shall not be required to register at such local employment agencies, but if such workers are desired by the employer, they shall be obtained through union locals in a customary manner. In the event, however, employers who wish to employ union workers are not furnished with qualified workers by the union locals within fourty-eight (48) hours (Sunday and Holidays excluded) after request is filed by the employer, all workers shall be chosen from lists of qualified workers submitted by local agencies designated by the United States Employment Service. NON-DISCRIMINATION Except as specifically provided above, workers who are qualified by training and experience and who, as above outlined, are referred for any work on the project under this contract, shall not be discriminated against on any grounds whatsoever. CONTRACTOR'S ORGANIZATION The Contractor shall give his personal supervision to the faithful prosecution of the work and in case of his absence shall have a competent, experienced and reliable foreman or superintendent, acceptable to the Owner on the site who shall follow without delay all instructions of the Engineer or his assistants in the prosecution and completion of the work and every part thereof, in full authority to supply men, materials and labor, immediately. He shall keep on hand at all times copies of the Contract Documents. MATERIALS AND WORKMANSHIP The Contractor shall furnish suitable tools and equipment and employ competent labor to perform the work to be done. Any labor or tools or equipment that shall not, in the judgment of the Engineer, be suitable or competent to produce the desired results may be ordered from the work by him. When required by the specifications, or when called for by the Engineer, the Contractor shall furnish the Engineer for approval full information concerning the materials which he SUPPLEMENTAL PROVISIONS SP-2 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 contemplates incorporating in the work. Samples of materials shall be submitted for approval when so directed. Materials furnished by the Contractor which shall not, in the judgment of the Engineer, be equal to the requirements of the plans or specifications, may be rejected by the Engineer, and such rejected materials shall not be used, but shall be immediately removed by the Contractor from the site of the work. ENGINEERING INSPECTION AND OBSERVATION OF THE WORK During construction based on the Engineer's recommendations, plans or specifications, the Engineer shall provide full time inspector(s) who shall have the authority to observe the work of the Contractor or Contractors involved and to regularly report his / her opinions of that work to the Owner. Generally, one inspector shall be assigned to each Contractor's work crew. Such observation shall not be relied upon by the Contractor or others as acceptance of the work nor shall it in any manner relieve any Contractor or any other party from his / her obligations and responsibilities under the construction contract or generally accepted industry custom. When indicated in the Proposal, an inspector day shall be defined as the normal 8-hour Monday through Friday work periods when a construction working crew appropriately consisting of an acting foreman, machine operator(s), skilled tradesmen, laborer(s) and construction equipment have been assembled at the job site to actively perform the work required of the contract. For underground utility projects, such as water main, sanitary and storm sewers, this would include periods of observation time when the working crew is performing typical pipe construction activities, such as, but not limited to, excavation to grade, pipe laying, backfill, compaction, location and installation of services, installation of appurtenances such as manholes, catchbasins, meter pits, pump stations, retention / detention basins, blow off and air relief manholes and junction chambers etc. and quality control testing, such as compaction and leak (air and / or hydraulic) testing. The inspector day shall also include checking before, during and after such things as boring / jacking pits, casing pipe line and grade, stripping, grubbing and cleanup. For paving projects, such as streets, highways and parking lots, the inspector day would include observation of excavation to grade, subgrade undercutting, planning / grinding / grooving existing payment, scarifying, edge or underdrains, roadbed construction, such as subbase, base and pavement courses, curb and gutter and quality control testing for all phases. The inspector day shall include checking before, during and after such activities as clearing, grubbing, stripping and cleanup. Generally, one inspector shall be assigned to each working crew. In the matter of multi -crew projects, this shall apply regardless of the working crews' proximity to each other or the work tasks that the working crews are performing. There shall be one inspector per working crew. This quantity of inspector days has been indicated in the Proposal where required and shall be a part of the Contract. If, during the course of construction when there may be multiple working crews and the Engineer and Contractor mutually agree that one inspector may be capable of observing more than one working crew because of the crew's proximity to each other or their work tasks, then the indicated amount of inspector days may be adjusted by formal change order. The change order shall define the adjustment to the amount of inspector days shown in the Proposal. In the opinion of the Engineer, if the situation whereby the inspector's ability to observe more than one working crew is not longer valid, then the one inspector per working crew shall govern. SUPPLEMENTAL PROVISIONS SP-3 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT The Engineer will set suitable stakes and marks showing the locations and elevations of the various parts of the work. No work shall be undertaken until such stakes and marks shall have been set by the Engineer. The Contractor shall take due and proper precautions for the preservations of these stakes and marks and shall see to it that the work at all times proceeds in accordance therewith. The Engineer may provide for the inspection of any or all materials or workmanship used or intended to be used under this contract, by assistants under his direction, or otherwise, as he may deem to be advisable or expedient. The Engineer and his duly authorized agents and employees may, at any time and for any purpose, enter upon the work and upon the premises occupied by the Contractor, and the Contractor shall provide proper and safe facilities by which they have convenient access to such parts of the work as may be required. PROTECTION AGAINST ACCIDENTS The Contractor shall erect and shall maintain during the continuance of the work, such barricades, lights, signs and other protective devices which comply with the laws of the State of Texas and the Texas Manual for Uniform Traffic Control Devices. The Contractor shall also furnish such watchmen as will effectually prevent any accident in consequence of his work and he shall be liable for all accidents and damages occasioned in any way by his acts or neglect, or by the acts or neglect of his subcontractors, agents or workmen. DISORDERLY EMPLOYEES Disorderly, intemperate or incompetent persons must not be allowed upon the work. SANITARY REGULATIONS The Contractor shall provide at convenient points, properly secluded from observation, a sufficient number of toilets for the use of the personnel, and shall maintain them strictly without nuisance and without offense to the public or to residents in the vicinity of the work. The number, location, character and conditions of maintenance of these utilities shall at all times be such as will meet with the approval of the Engineer. WATER SUPPLY The Contractor shall make all necessary arrangements for securing an adequate water supply for use in construction and for drinking water for his employees. Water may be taken from municipality water mains by making suitable application to the municipal water department. If municipal water is used on the work, the Contractor shall make the necessary application and shall pay all costs involved. Connections, piping and fittings for conveying water shall be furnished and maintained by the Contractor. Payment for water used shall be made by the Contractor to the municipality in accordance with regular established municipal rates. PERMITS Before construction begins, the Contractor shall obtain from the governmental agency who has jurisdiction over the road right-of-way or area in which the work is located a written permit to occupy and construct within the road right-of-way or area. PROTECTION OF LAND MONUMENTS AND PROPERTY STAKES Land monuments or stakes marking property corners shall not be moved or otherwise disturbed except as directed by the Engineer. When they occur within the area of concrete base or SUPPLEMENTAL PROVISIONS SP-4 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT pavement, they shall be enclosed as specified by the Engineer; such work to be paid for by the Owner. When, in the judgment of the Engineer, land monuments or property lot stakes can be saved, all such stakes shall be marked by the Contractor in a manner agreed to by the Engineer and Contractor, after which the Contractor shall protect such land monuments or lot stakes from injury. If any land monuments or lot stakes are moved or disturbed by the Contractor after their location has been marked in a manner acceptable to the Engineer and Contractor, then the Contractor agrees that $500.00 for each and every land monument or lot stake so moved or disturbed may be deducted from any money due him as a payment to the Owner for the cost of replacing said land monument or lot stake. CLEANING UP The Contractor shall, at all times, keep the premises free from accumulations of waste material or rubbish caused by his employees or work. Upon completion of the actual work of construction, the Contractor shall cleanup and leave in a neat condition all the premises which he has occupied during the construction period. Before the time of the final estimate, the Contractor shall remove from the premises all surplus excavation, debris and rubbish and all unused materials, together with all tools and equipment, or shall deposit them at such points and in such a manner as the Engineer may require. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS Hazardous or toxic materials may exist where there is no reason to believe they could or should be present. The Contractor and the Owner agree that the discovery of unanticipated hazardous or toxic materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. The Contractor agrees to notify the Owner and Engineer as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The Contractor agrees to waive any claim against the Engineer, and agrees to indemnify, defend and hold the Engineer harmless from any claim or liability for injury or loss arising from the encounter of unanticipated hazardous or toxic materials or suspected hazardous or toxic materials. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS ON SITE NOT OWNED BY OWNER Contractor recognizes that it is his responsibility to inform the property owner, Engineer and project Owner as soon as possible of the discovery of unanticipated hazardous materials or suspected hazardous materials. DISPUTE RESOLUTION All claims, disputes or controversies arising out of, or in relation to, the interpretation, application or enforcement of the Agreement shall be decided through mediation as adopted and described by the American Arbitration Association. The parties further agree that the Contractor will require, as a condition for participation in the project and their agreement to perform labor or services, that all Subcontractors, Sub -subcontractors and Material Persons, whose portion of the work amounts to one thousand dollars ($1,000) or more, and their insurers and sureties shall also agree to this procedure. JOB SITE SAFETY Insofar as job site safety is concerned, the Engineer is responsible solely for his or her own and his or her employees' activities on the job site, but this shall not be construed to relieve the SUPPLEMENTAL PROVISIONS SP-5 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 Contractor from its responsibility for maintaining a safe job site. Neither the professional activities of the Engineer, nor the presence of the Engineer or his or her employees and Subcontractors, shall be construed to imply the Engineer has any responsibility for methods of work performance, superintendence, sequencing of construction, or safety in, on or about the job site. The Owner and Contractor agree that the Contractor is solely responsible for job site safety. The Contractor also warrants that the Engineer and Owner shall be made an additional insured under the Contractor's general liability insurance policy. STANDARD OF CARE Professional services provided by Engineer will be performed in accordance with generally accepted engineering principles and practices, in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. SUPPLEMENTAL PROVISIONS SP-6 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT SECTION 000300 — BID FORM 2231874.003 Pursuant to and in compliance with the Invitation to Bid and the proposed Contract Documents relating to construction of: LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY SIGN REPLACEMENT LUBBOCK, TEXAS Including Addendum No. through Addendum No. BASE BID The undersigned, having become thoroughly familiar with the terms and conditions of the proposed Contract Documents and with local conditions affecting the performance and costs of the work at the place where the work is to be completed and having fully inspected the site in all particulars, hereby proposes and agrees to fully perform the work within the time stated and in strict accordance with the proposed Contract Documents, including furnishing any and all labor and materials, and to do all of the work required to construct and complete said work in accordance with the Contract Documents, for the following sum of money: A. Base Bid Item 1: Roadway Sign Replacement, Lump Sum of ................... $ B. Base Bid Item 2: Gateway Sign Replacement, Lump Sum of .................... $ C. Total Base Bid Items 1, 2 and 3, Lump Sum of ............................................ $ UNIT PRICE ITEM If the required quantity of replacement fasteners exceeds the allowance specified in Section 011000, Paragraphs 1.3.B.2.d and 1.3.C.2.d, furnish and install additional fasteners after advising the Owner of additional costs based on the following unit price per fastener. ....................................................... $ per fastener SCHEDULE BIDDER will commence work no later than days from Notice of Commencement issued by the Owner. BIDDER will complete the work for each project within the following time periods after receipt of Notice of Commencement: A. Roadway Sign Replacement .................................................. calendar days B. Gateway Sign Replacement................................................... calendar days BID ALTERNATES BIDDER is required to identify within the Bid Form the cost adjustment to the lump sum Bid, including overhead and profit, for the scope of Work identified for each alternate. BIDDER is BID FORM 000300 - 1 BID SET 5-6-2022 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT required to provide and coordinate a complete installation of the scope of Work set forth in the Contract Documents by the OWNER's desire to select any, all or none of the listed and which shall not be changed by alternatives. A. Bid Alternate 1: . ADD to the Base Bid, the lump sum of: ....................................................... $ or DEDUCT from the Base Bid, the lump sum of: ....................................... $ (Strike out the option above that does not apply.) B. Bid Alternate 2: ADD to the Base Bid, the lump sum of: ....................................................... $ or DEDUCT from the Base Bid, the lump sum of: ....................................... $ (Strike out the option above that does not apply.) C. Bid Alternate 3: ADD to the Base Bid, the lump sum of: ....................................................... $ or DEDUCT from the Base Bid, the lump sum of: ....................................... $ (Strike out the option above that does not apply.) The names of all persons interested in the foregoing bid as principals are: licensed in accordance with an act for the registration of contractors, and with license number in the State of Texas. SIGN HERE: Signature of Bidder NOTE: If bidder is a corporation, set forth the legal name of the corporation together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation in the State of the project location. If bidder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership in the State of Texas. Business address: BID FORM 000300 - 2 BID SET 5-6-2022 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT Telephone number: Date of proposal: END OF SECTION 000300 BID FORM BID SET 2231874.003 000300 - 3 5-6-2022 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT SECTION 011000— SUMMARY OF WORK PART 1 - GENERAL 1.1 PROJECT DESCRIPTION A. Project Identification 1. Name of the Project: Roadway/Gateway Sign Replacement 2. Project Location: Lubbock Preston Smith International Airport 3. Owner: City of Lubbock 4. Architect / Engineer: RS&H 5. Contract Documents Dated: (Conformed Documents — TBD) B. This project is comprised of: 1. The replacement of signage at the gateway, along the roadway approaching the airport terminal and within the parking areas (as defined by design documents). 2. Existing condition of structural supports and accessories which are not visible to the naked eye, are unknown and must be field verified by the awarded Contractor. If any structure is deemed unsuitable, the Contractor will submit a proposal to have a Structural Engineer who holds a valid licensed in the State of Texas, design, provide calculations, procure permits (as required) and sign and seal for appropriate structural support of signage. Contractor to confirm that the signage designed for this project can be safely supported and comply with local code requirements. C. Subsequent Bid Packages None Anticipated D The Work under this contract will be constructed under a Guaranteed Maximum Price (GMP) single prime contract. E Other concurrent and adjacent work under separate contract will include Gateway Monument Signage. 1.2 CONTRACTOR USE OF PREMISES A. Use of the Site: Limit use of the premises to work in areas indicated. Confine operations to areas within contract limits indicated. Do not disturb portions of the site beyond the areas in which the Work is indicated. B. Ownership of Property: Do not perform work, disturb or trespass upon properties not possessed by the Owner. 1.3 OTHER A. Builders Risk — By Contracting entity B. Security and Badging — While several of the areas lie outside the secure areas of the airport, some elements of the work of the project may require construction within the secure area of the Airport. Badging restrictions and security requirements will be implemented for this work and must be coordinated with Owner. C. CONFORMANCE DOCUMENTS: Provided upon contract execution (Digital Copies will be provided) The set will include drawings and specifications. Conformance documents incorporate all bid addenda and clarifications. Any hard copy documents will be purchased by the Contractor. SUMMARY OF WORK 011000 - 1 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 D. Project Schedule anticipates an 8-month overall schedule for Substantial Completion. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION GENERAL NOTES FOR ROADWAY/GATEWAY SIGN REPLACEMENT CONTRACT PACKAGE General Supplement SEE DRAWINGS AND SPECIFICATIONS FOR ADDITIONAL INFORMATION AND DETAILS. I. SCOPE OF WORK INCLUDED WITH THIS BID PACKAGE: A. The work of this Agreement shall include, but not be limited to, all labor, material, tools, equipment, plant, supplies, samples, shop drawings, layout, transportation, supervision, contributions, insurance, taxes compliance with all agencies (City, County, State, Federal as may be required), all other services and facilities and other things necessary for the performance of the Work as shown, detailed, and / or implied by the Contract Documents defined in the bid documents and as defined herein. 1. All Specifications 2. Project Drawings B. The Schedule Dates within the Milestone Project Schedule are to be used as a guideline for bidding purposes to provide sufficient manpower and material to complete the work within the specified time frames. Neither the Architect / Engineer (also referred to as A/E - RS&H and consultants) nor the Owner is responsible for assumptions made by the Contractor. The Contractor shall cooperate at all times and provide timely information to other Contractors to ensure coordination and timely completion of the work. The successful Contractor will be required to submit a detailed construction schedule that demonstrates its own approach to sequencing of the work and completion dates. This schedule must be coordinated with the A/E and Owner. The Construction Schedule must accommodate Airport operations. It is understood alternative sequencing and approaches may be viable to achieving the critical dates and Bidders/Successful Contractor are encouraged to explore opportunities for efficiencies and schedule improvements that will be mutually beneficial. C. This Contractor should be prepared to start any task within any area at all times in order to meet the Owner's Schedule. This Contractor will work with the Owner, Owner's Representative and other Contractors to develop a detailed schedule coordinated with related trades and site activities to execute the work as promptly as possible to expedite job progress and final completion. D. Upon the Owner's direction of intent to award, this Contractor will proceed immediately with preparing and submitting critical calculations and shop drawings required for commencing the structural steel work so as to expedite the work. E. Submit a narrative with your bid to address engineering and fabrication lead times for all work. Also, include brief description as to the erection approach, sequencing, and crane staging (as required). F. It is this Contractor's responsibility for the entire scope of this Bid Package and coordination between All Trades of this Bid Package and other Bid Packages. SUMMARY OF WORK 011000 - 2 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 G. The more stringent details of the specifications, plans, bid package, and supplementary provisions will be enforced. H. The scope of work shall INCLUDE, but not be limited to, furnishing and installing the following: General Requirements A. Any temporary roads, stone, or crane mat requirements are the responsibility of this Contractor. B. Prior to erection, a complete certification for all cranes will be submitted verifying proper use and integrity of equipment. Monthly logs for crane inspections and repairs are to be maintained and copies submitted to Architect and / or Owner's Representative regularly. C. Any FAA required lighting and flagging for cranes is to be included. D. Construction equipment must have a maximum height as noted in the project plans (75). Should the use of construction equipment with heights greater than those noted be required, including cranes, submit FAA Form 7460-1 to the FAA for approval. The FAA must provide approval prior to the use of the requested equipment. FAA response time may take 90-120 days. E. Within twenty (20) days of award and / or issuance of contract, provide a schedule indicating the duration for shop drawings, submittals, fabrication, delivery and erection for each section of the building. A preliminary copy of your fabrication and erection schedule must be included with bid proposal. F. This Contractor is aware of the project substantial completion date and shall work with the Owner and Architect to develop the overall progress schedule and perform this work to meet the final firm date established. G. The contractor shall provide all necessary traffic control, escort details, street closures, flagmen, etc. for this work to meet the requirements of the jurisdictional requirements. H. Compliance with the overall Owner Safety Program and guidelines. Contractor implementation of a positive safety attitude is mandatory. I. The Airport operations may require construction shutdown at any time due to extenuating circumstances (examples — military operations, dignitary visits, etc). This Contractor will be required to shutdown any / all work as required. The Contractor will not be allowed additional compensation for the shutdown time, extra general conditions, or additional demobilization / remobilization. J. The bid documents are to be fully reviewed by all bidding trade contractors. All trade contractors are responsible for all items pertaining to their work on all documents, whether shown in their specific discipline drawings or not. No additional compensation will be allowed for items that are shown on another discipline's documents, but not on the trade contractor's discipline documents. En_gineerin__q and Coordination A. Contractor to provide Pre -Erection Photographs and Report stating status of existing conditions before commencing of any Work. B. Welder's certifications must be submitted prior to mobilizing for erection. SUMMARY OF WORK 011000 - 3 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 C. Provide engineered design of all designated structural steel connections as required by the specifications, stamped by a registered Structural Engineer licensed in the State of Texas. D. Upon intent to award, Contractor will immediately proceed with preparing all critical submittals and shop drawings as required by Specifications to meet scheduled completion dates. Submission of all submittals shall occur no later than fifteen (15) days after award. Provide complete engineering design of all components required in the specifications including calculations indicating system loading and loads, and engineered shop drawings stamped by a registered Structural Engineer licensed in the State of Texas. E. Prior to fabrication, perform all field measurements required to coordinate the metal fabrications with other construction in place. Some work may proceed based on guaranteed dimensions. This Contractor is responsible for any comeback or corrective work required to fully coordinate the metal fabrication installation with the work of other trades. F. Coordinate work sequence with the work of all other contractors, including those whose contracts have not yet been awarded, but who will be performing work simultaneously. Out of sequence work is to be expected and will be required to successfully complete a coordinated installation. G. This Contractor shall furnish and install all bracing, shoring, and reinforcing, as required, to support or stabilize the work. Where above -ceiling mechanical, piping, electrical, fire protection, or plumbing work is installed before this Contractor's work, this Contractor will furnish and install additional bracing and kickers as required to avoid damage to the work -in - place and firmly attach the supports to the structure above. H. Provide and pay for all permits, inspection and re -inspection fees required for your work. I. Contractor to Provide and pay for building permit. This is to be secured prior to the start of construction. J. This Contractor will be responsible for maintaining and providing necessary repairs / replacement to the storm water prevention measures that were previously provided and installed by others. K. This Contractor is responsible to secure any and all permits and special routing, which may be required for the delivery and shipping of structural steel sections and erection equipment. Housekeepin_g A. Street cleaning for debris and dirt caused by this Contractor, workers, or suppliers as required to keep roads and walkways safe to the satisfaction of the Owner. Provide barricades as required. B. The Contractor will be responsible to provide all clean-up of rubbish and debris that results from this operation to the Contractor's furnished rubbish container. Rubbish removal and hauling is the responsibility of this Contractor. C. This Contractor shall include all costs associated with performing this work and all associated cleaning and protection for this work. All ramps, roadways, parking areas, loading areas, pedestrian areas, etc. must be well maintained. D. Daily cleanup for debris removal generated by this work, including labor. E. All areas accessible for events and loading must be kept clean. Any work not performed SUMMARY OF WORK 011000 - 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 daily will be performed by the Owner. All these associated non-performance costs including an additional multiplier of five (5) times the actual costs will be back charged to the applicable Contractor including any associated management costs. Fabrication / Erection / Installations A. Furnishing, installing, maintaining and removal of any and all enclosures and / or temporary facilities that may be required to protect this Work from any kind of weather and other perils, including the provision of adequate temporary heating to maintain proper temperature control as long as the conditions warrant same. B. All Layout required to complete this work is by this Contractor (layout for framed openings, mechanical openings, stair openings, elevator openings, and additional openings that are typical to this type of construction are to be included whether shown or not. No additional surveying or control will be provided by the Owner or A/E. C. This Contractor shall not burn or create any holes/openings within the existing or proposed structure without the Structural Engineer's approval. D. This Contractor shall prime and / or paint metal as specified at shop. Exterior metal will be galvanized unless noted otherwise. E. Review schedule for project requirements. Provide equipment and manpower (multiple crews and / or shift work, working on concurrent activities) as necessary to meet the schedule dates. F. Covering, securing and maintaining all floor openings with appropriate signage to meet the requirements of governing authorities. G. Covering, securing, and maintaining any openings made by this Contractor that poses a fall hazard with appropriate signage to meet the requirements of governing authorities. H. Perimeter protection, protection (railing) at elevator shafts, floor levels, all roofs, railing protection at stair openings, mechanical shafts, electrical shafts, and any other openings posing fall risks per OHSA requirements. Maintenance of protection will be by this Contractor during the entire duration of this Contract. This Contractor will leave the cabling and railing in place at the conclusion of this Contract. Protection includes toe boards, cable, and flagging at shaft openings and perimeter. In addition to OHSA requirements, Contractor shall provide protection for any transition greater than one foot. Flagperson(s) and signage for Work as required. Contractor to provide adequate quantity, with a maximum of 100' of distance of travel between fire extinguishers, of fire extinguishers including stand-alone stands to be dispersed throughout the project site. K. Contractor to provide fire extinguishers, fire blankets, curtain shields, etc. for all torch and welding operations. Contractor will be required to prepare a site logistics plan prior to mobilization. The logistics plan will require flexibility to accommodate Owner operations. Updated logistics plans will be required as work progress and conditions change. M. On -site parking will be allowed as Directed by the Owner. N. The Contractor shall notify the Owner/Owner's Representative of all deliveries a minimum of SUMMARY OF WORK 011000 - 5 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT forty-eight (48) hours prior to delivery. 0. Furnish all fabrication testing and reports required for this scope. P. Proper notification of testing procedures and time of test. Contractor will be required to coordinate and accommodate Owner Testing that includes structural steel / bolts / welds, etc. Q. Coordinate with the Owner, Local Authorities, and Utilities having jurisdiction for all inspections required. R. Include any additional materials and methods as may be necessary for out of sequence work called out in the documents, required as means to complete this work, or specifically noted in this scope document. S. Multiple mobilizations may be necessary to complete work. AA. Notify Owner/Owner's Representative a minimum of seventy-two (72) hours prior to any shut down of existing or temporary utilities. Contractor must coordinate with local authorities and have Owner approval prior to any disruption of utility services. BB. Contractor is to provide/furnish all temporary utilities for generators, lights, trailers, etc for this project. The Owner will assist in locating connection points for these items but will not provide hook-up or pay the consumable portion for the service. Any anticipated disruptions to operational existing occupied adjacent (Tenant) spaces, shall be coordinated with Owner/Owner's Representative and Tenant(s). These services will need to be applied for and paid by the Contractor directly to the utility. CC. Contractor is responsible for storing and staging all equipment, structural steel, and miscellaneous metal off the ground surface utilizing dunnage or similar material. DD. This Contractor shall be responsible for the repair of any damage to existing utilities and utility structures, curbs, sidewalks and paving which are damaged as the result of this work. EE. Contractor is responsible for removal, layout, making openings, and patching of all systems in order to complete their Work including but not limited to brick, block, etc. type systems. Preservation of existing materials to be re-used/re-located shall be coordinated with Owner/Owner's representative. FF. This Contractor shall include any required demolition, patching, etc. to perform this work. GG. Secure and purchase all permits required for this work. The Owner will begin the process of securing the Building Permit. Upon Award, this Contractor is to complete the process, pay for, and pick up the Building Permit. All other permits or inspection fees are the responsibility of this Contractor also. JJ. This Contractor is responsible for the replacement of any material removed. KK. Contractor to provide a minimum of 48 hours notice to Testing Services Contractor before all applicable tests. Contractor assumes all responsibility for testing services if notice is not properly given. LL. Contractor is responsible for all snow removal within the construction fence / barricades including the project site and staging / parking areas, in order to perform their work. MM. Contractor to submit all Hot and Cold Weather operation plans prior to work SUMMARY OF WORK 011000 - 6 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 NN. Contractor to provide shop drawings stamped "APPROVED FOR FIELD USE" during field operations, which shall include all A/E comments. 00. Contractor to provide weather protection of all structural components (including but not limited to anchor bolts and structural steel connection bolts) and building construction materials. PP. All blueprinting and reproduction costs associated with shop drawings, submittals, as-builts, operation manuals, etc. are the responsibility of this Contractor. QQ. This Contractor to maintain updated As -Built documents at all times and to make these documents immediately available upon request. Any As -Built documents not updated during each billing period will be grounds for the Owner to reject the entire payment application for that billing period. RR. Storage of all materials on and off -site will be the responsibility of this Contractor. SS. All materials, debris, equipment, etc. must be stored off site or within construction areas. No materials to be stored in non -approved areas. TT. All hoisting, scaffolds, lifts, ladders, cranes, etc. to perform this Work are to be included by this Contractor. UU. All structural concrete floors and S.O.G. floors are finished surfaces and shall not be damaged by any operations. No Hilti-type loads shall be shot into the exposed finish floors orwalls. No stains will be allowed on the concrete floors. All equipment utilized on concrete to remain should have non-skid tires. VV. This Contractor to provide all necessary lighting and emergency egress routes/equipment during this Work. WW. Contractors are responsible for providing fire retardant backer boards / blankets in all interior areas where torching and welding operations occur. XX. Protection for all adjacent work or clean after installation. YY. This Contractor to provide expansion / control joints as required. ZZ. Prior to starting the work, this Contractor will review the scope and review the details to coordinate finish and interface details with other work. Any known discrepancies or foreseeable field conditions are to be addressed to the A/E prior to proceeding with the Work. AAA. This Contractor will periodically visit the site prior to beginning the work to be familiar with project conditions and identify any potential conflicts in advance to allow for proper planning. Any recognized discrepancies between existing conditions and proposed work, shall be presented to Owner/A/E in a timely manner and coordinated as required. BBB. This Contractor shall provide design and drafting services to produce drawings of their equipment and systems on the background REVIT (Level 300) CAD files. CCC. This Contractor has visited the site and is aware of existing field conditions and surrounding environment. Any recognized discrepancies between existing conditions and proposed work, shall be presented to Owner/A/E in a timely manner and coordinated as required. DDD. This Contractor is to provide sufficient temporary toilet facilities for all workers onsite. SUMMARY OF WORK 011000 - 7 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT Workers are not allowed to use the existing Airport Terminal toilet facilities. II. UNDERSTANDINGS AND STIPULATIONS: A. It is understood that there will be no additional costs for removing and / or trucking equipment to and from the jobsite. B. Coordination and field sequencing with other trades will be required. The successful contractor will be required to attend and participate in the preparation of "Contractors Coordination Drawings" and weekly coordination meetings with other trades where requirements, conflicts and coordination issues will be discussed and resolved. Attendance is mandatory. Dimensions outlined on drawings or other Contract Documents may require adjustment to accomplish coordinated and workable layout without further compensation. C. Contractor will follow the Contract Documents with regard to "listed and approved" suppliers and manufacturers. The Contractor acknowledges and represents that the Contractor has visited the site of the Project to become familiar with the existing improvements and physical conditions of the site. D. The Contractor acknowledges and represents that the Contractor has examined and fully understands the Contract Documents. E. The Contractor acknowledges and represents that the Contractor has had sufficient opportunity to request changes, clarifications and interpretations of errors, ambiguities, omissions, and other issues contained in the Contract Documents. F. The Contractor will submit all required bid proposal documentation that is required in the invitation to bid. Bidders that do not provide all required documentation are subject to disqualification by the Owner. G. The Contractor will ensure compliance with and a good faith effort towards the Owner's Disadvantaged Business Enterprise goals as established in the invitation to bid. II. Additive Alternates A. CMAR to Provide MILESTONE SCHEDULE Contractor shall commence the Work when notified to do so by the Owner/Owner's Representative and shall diligently and continuously progress, coordinate and complete the Work, in accordance with the project schedule and any other scheduling requirements listed in this Agreement, so as not to delay the commencement, progress or completion of the whole or any part of the Work on the Project. The Contractor shall participate and cooperate in the development of a detailed project schedule providing information for the scheduling of the times and sequence of operations required for its Work to meet the Owner's overall Project Construction Schedule requirements, shall continuously monitorthe detailed project schedule as to be fully familiar with the timing, phasing and sequence of operations of the Work and of the other work on the Project, and shall execute the Work in accordance with the requirements of the detailed project schedule including any revisions thereto. Within twenty (20) days after notification of award of Contract the Contractor shall submit to the Owner/Architect a bar chart of his operations (including samples and shop drawing submissions, fabrication time, delivery time, installation time, etc.) required to meet the Project Construction Schedule. This schedule must include a minimum amount of information and detail as outlined in Specification Section 01300. This schedule, when SUMMARY OF WORK 011000 - 8 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 approved by the Architect/Engineer, shall be reviewed during the progress of the work and revised if necessary to meet the completion dates. Should the progress of the Work or of the Project be delayed by any fault or neglect or act or failure to act of the Contractor or any of its officers, agents, servants, employees, subcontractors or suppliers so as to cause any additional cost, expense, liability or damage to the Owner or any damages or additional costs or expenses for which the Owner may or shall become liable, the Contractor shall and does hereby agree to compensate the Owner for and indemnify them against all such costs, expenses, damages and liability. END OF SECTION 01 10 00 SUMMARY OF WORK 011000 - 9 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 INTENTIONALLY LEFT BLANK SUMMARY OF WORK 011000 - 1 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 PRODUCTS AND SUBSTITUTIONS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract including other Division 1 Specification Sections, apply to this section. 1.2 SUMMARY A. This section includes administrative and procedural requirements for handling requests for substitutions made after award of the Contract. The contract drawings and specifications define the required components of the Work. Substitutions will only be considered if there is a clearly demonstrated benefit to the Owner, financially or functionally. The processing of substitution requests will be at Contractor's cost. The Architect will record the time required by him or his consultants in reviewing and approving substitution requests and notify the Contractor of the charges therefore. The Owner shall deduct any such expenses of the Architect from the Contractor's monthly periodic pay requests in accordance with the compensation terms for cost, overhead and profit in the Owner / Architect - Engineer agreement. B. Related Sections: The following sections contain requirements that relate to this section: 1. Division 1, Section 014200 - REFERENCE STANDARDS AND DEFINITIONS specifies the applicability of industry standards to products specified. 2. Division 1, Section 013300 - SUBMITTALS specifies requirements for submitting the Contractor's Construction Schedule and the Submittal Schedule. 1.3 DEFINITIONS A. Definitions in this Article do not change or modify the meaning of other terms used in the Contract Documents. 1. "Products" are items purchased for incorporation in the work, whether purchased for the Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent. a. "Named Products" are items identified by the manufacturer's product name, including make or model number or other designation, shown or listed in the manufacturer's published product literature that is current as of the date of the Contract Documents. 2. "Materials" are products substantially shaped, cut, worked, mixed, finished, refined or otherwise fabricated, processed, or installed to form a part of the work. 3. "Equipment" is a product with operational parts, whether motorized or manually operated, that requires service connections, such as wiring or piping. PRODUCTS AND SUBSTITUTIONS 012500 - 1 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 B. Substitutions: Changes in products, materials, equipment, and methods of construction required by the Contract Documents proposed by the Contractor after award of the Contract are considered to be requests for substitutions. The following are not considered to be requests for substitutions: 1. Substitutions requested by bidders during the bidding period, and accepted prior to award of Contract, are considered as included in the Contract Documents and are not subject to requirements specified in this section for substitutions. 2. Revisions to the Contract Documents requested by the Owner or Architect. 3. Specified options of products and construction methods included in the Contract Documents. 4. The Contractor's determination of and compliance with governing regulations and orders issued by governing authorities. 1.4 SUBMITTALS A. Materials, products, equipment and systems are specified in the Contract Documents by manufacturer, trade name or distributor to establish a standard of the required criteria, including function, performance, dimension, appearance and quality to be met by any proposed substitution. Unless otherwise specified, application for substitutions will be considered by the Owner and the Architect after execution of the agreement. The burden of proof of merit of proposed substitute is upon the proposer. Substitute items shall not be incorporated in the work without priorwritten approval of the item by the Architect. Substitution requests must be submitted as Section 01631 submittals. Submittal as a shop drawing under the product's section number or as an RFI will be returned without action. After the substitution is approved fully detailed shop drawing submittals shall be made under the products section number. B. Where an item is specified by one or more manufacturer's model number or specific item identification and "or approved equal" is included, only the item(s) that is specified by manufacturer's model number or specific identification is approved and any other item must be submitted for approval as asubstitution. C. Where an item is specified by a referenced standard, the item must be submitted for approval same as a substitute. D. Submit three (3) copies of each request for substitution for consideration. Submit requests in the form and according to procedures required for change -order proposals. E. Identify the product or the fabrication or installation method to be replaced in each request. Include related Specification Section and drawing numbers. F. Provide complete documentation showing compliance with the requirements for substitutions, and the following information, as appropriate: 1. Coordination information, including a list of changes or modifications needed to other parts of the work and to construction performed by the Owner and separate contractors that will be necessary to accommodate the proposed substitution. 2. A detailed comparison of significant qualities of the proposed substitution with those of the work specified. Significant qualities may include elements such as performance, weight, size, durability, and visual effect. PRODUCTS AND SUBSTITUTIONS 012500 - 2 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 3. Product Data, including drawings and descriptions of products and fabrication and installation procedures. 4. Samples, where applicable or requested. 5. A statement indicating the substitution's effect on the Contractor's Construction Schedule compared to the schedule without approval of the substitution. Indicate the effect of the proposed substitution on overall Contract Time. 6. Cost information, including a proposal of the net change, if any in the Contract Sum. 7. The Contractor's certification that the proposed substitution conforms toor exceeds requirements in the Contract Documents in every respect and is appropriate for the applications indicated. Include the Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of the failure of the substitution to perform adequately. G. Architect's Action: If necessary, the Architect will request additional information or documentation for evaluation within one week of receipt of a request for substitution. The Architect will notify the Contractor of acceptance or rejection of the substitution within two (2) weeks of receipt of the request, or one (1) week of receipt of additional information or documentation, whichever is later. Acceptance will be in the form of a change order. If a decision on use of a proposed substitute cannot be made or obtained within the time allocated, use the product specified. PART 2 - PRODUCTS 2.1 PRODUCT SELECTION A. General Product Requirements: Provide products that comply with the Contract Documents, that are undamaged and, unless otherwise indicated, new at the time of installation. 1. Provide products complete with accessories, trim, finish, safety guards, and other devices and details needed for a complete installation and the intended use and effect. 2. Standard Products: Where available, provide standard products of types that have been produced and used successfully in similar situations on other projects. 3. Compliance with Standards, Codes, and Regulations: Where Specifications only require compliance with an imposed code, standard, or regulation, select a product that complies with the standards, codes, or regulations specified. 4. Visual Matching: Where Specifications require matching an established Sample, the Architect's decision will be final on whether a proposed product matches satisfactorily. a. Where no product available within the specified category matches satisfactorily and complies with other specified requirements, comply with provisions of the Contract Documents concerning "substitutions" for selection of a matching product in another product category. 5. Visual Selection: Where specified product requirements include the phrase "... as selected from manufacturer's standard colors, patterns, textures ..." or a similar phrase, select a product and manufacturer that complies with other specified requirements. The Architect will select the color, pattern, and texture from the product line selected. PRODUCTS AND SUBSTITUTIONS 012500 - 3 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 B. Nameplates: Except for required labels and operating data, do not attach or imprint manufacturers' or producer's nameplates or trademarks on exposed surfaces of products that will be exposed to view in occupied spaces or on the exterior. 1. Labels: Locate required product labels and stamps on concealed surfaces or, where required for observation after installation, on accessible surfaces that are not conspicuous. 2. Equipment Nameplates: Provide a permanent nameplate on each item of service -connected or power -operated equipment. Locate on an easily accessible surface that is inconspicuous in occupied spaces. The nameplate shall contain the following information and other essential operating data: a. Name of product and manufacturer. b. Model and serial number. C. Capacity. d. Speed. e. Ratings. 2.2 SUBSTITUTIONS A. Conditions: The Architect will receive and consider the Contractor's request for substitution when one or more of the following conditions are satisfied, as determined by the Architect. If the following conditions are not satisfied, the Architect will return the requests without action except to record noncompliance with these requirements. 1. The specified product or method of construction cannot be providedwithin the Contract Time. The Architect will not consider the request if the product or method cannot be provided as a result of failure to pursue the work promptly or coordinate activities properly. 2. The request is directly related to an "or -equal" clause or similar language in the Contract Documents. 3. The requested substitution offers the Owner a substantial advantage, in cost, time, energy conservation, or other considerations, after deducting offsetting responsibilities the Owner may be required to bear. The Owner's additional responsibilities may include additional compensation to the Architect for redesign and evaluation services, increased cost of other construction bythe Owner or separate Contractors, and similar considerations. 4. The specified product or method of construction cannot receive necessary approval by a governing authority, and the requested substitution can be approved. 5. The specified product or method of construction cannot be provided in a manner that is compatible with other materials and where the Contractor certifies that the substitution will overcome the incompatibility. 6. The specified product or method of construction cannot be coordinated with other materials and where the Contractor certifies that the proposed substitution can be coordinated. 7. The specified product or method of construction cannot provide a warranty required by the Contract Documents and where the Contractor certifies that the proposed substitution provides the required warranty. B. The Contractor's submittal and the Architect's acceptance of shop drawings, product data, or samples for construction activities not complying with the Contract Documents do not constitute an acceptable or valid request for substitution, nor do they constitute approval. PRODUCTS AND SUBSTITUTIONS 012500 - 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 C. Whether or not the Architect and Owner accept a proposed substitution, the Contractor shall reimburse the Owner for the Architect's cost for the Architect and the Architect's consultants for evaluating any proposed substitute including changes required in the Contract Documents for the substitute. D. The Architect's decision of approval or disapproval of a proposed substitution shall be final. E. All costs that may be incurred associated with a substitution proposed by the Contractor shall be borne by the Contractor. This shall apply to all interfacing components recognized prior to or after approval of the substitution by the Architect. PART 3 - EXECUTION (Not Applicable) END SECTION 012500 PRODUCTS AND SUBSTITUTIONS 012500 - 5 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 THIS PAGE INTENTIONALLY BLANK. PRODUCTS AND SUBSTITUTIONS 012500 - 6 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT SECTION 012600 — CONTRACT MODIFICATION PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements for handling and processing contract supplements and modifications. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1, Section 012900 - APPLICATIONS FOR PAYMENT for administrative procedures governing Applications for Payment. 2. Division 1, Section 013300 - SUBMITTALS for requirements for the Contractor's Construction Schedule. 3. Division 1, Section 012500 - PRODUCTS AND SUBSTITUTIONS for administrative procedures for handling requests for substitutions made after award of the Contract. C. The Architect / Engineer will be reimbursed for an unreasonable number of RFI's and CCA's. 1.3 CONTRACT DOCUMENT SUPPLEMENTS A. Clarification / Supplemental Instructions (C): Shall provide further detail to requirements inferred in the Contract Documents or authorize minor changes in the work, not involving an adjustment to the Contract Sum or Contract Time and will be issued by the Architect with supplemental or revised drawings and specifications, if necessary. Clarifications / Supplemental Instructions issued by the Architect - Engineer shall become binding and a part of the Contract as minor changes in the work unless the Contractor notifies the Architect -Engineer within twenty-one (21) days that the instructions result in changes that affect the Contract Cost or Contract Time. B. Request for Information / Supplemental Instructions (RFI): Shall be initiated by the Contractor when necessary for performance of the work. The Architect's reply will constitute further detail to requirements if inferred in the Contract Documents or interpretations of the requirements. Requests for information must describe all document references that pertain to the issue and any conflicts and must include the contractor's interpretation or proposed action that would be made if there was not a process to obtain the information from the Architect. Requests for information that do not include this, or that request information already included in the contract documents without conflict, will be returned without action (RWA). The Architect will record the time expended to process such requests and notify the Contractor of the charges. The owner shall deduct any such compensation due the Architect from the CONTRACT MODIFICATION PROCEDURES 012600 - 1 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 Contractor's monthly periodic pay requests in accordance with the compensation terms for cost, overhead and profit in the Owner / Architect agreement. C. Contractor Corrective Action Proposals (CCA): Shall be initiated by the Contractor when deviation from the contract requirements has been constructed. The Contractor shall provide a fully detailed proposal for his corrective or remedial work. The Architect's reply will indicate approval of the proposed action as detailed, approval with certain modifications, or rejection of the proposal. Use forms provided by the Architect. The Contractor shall maintain a sequentially numbered log of all such proposals. Upon notification of a deviation and request for a CCA the Contractor shall submit one promptly. Should this not occur in a timely fashion which, in the judgment of the Architect, will allow time for processing and correction ahead of other advancing elements of work, the Architect will initiate a CCA giving direction for correction. If the Architect initiates the CCA or must provide significant direction to a Contractor initiated CCA, due to a lack of a fully detailed proposal, the Architect will record the time expended and notify the Contractor of the charges. The owner shall deduct any such compensation due the Architect from the Contractor's monthly periodic pay requests in accordance with the compensation terms for cost, overhead and profit in the Owner / Architect agreement. 1.4 PROPOSAL / CHANGE ORDER REQUESTS A. Request for Proposal (RFP): The Architect will issue a detailed description of proposed changes in the Work that will require adjustment to the Contract Sum or Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications. 1. Proposal requests issued by the Architect are for information only. Do not consider them as an instruction either to stop work in progress or to execute the proposed change. 2. Unless otherwise indicated in the proposal request, within twenty (20) days of receipt of a proposal request, submit an estimate of cost necessary to execute the change to the Architect for the Owner's review. a. Include a list of quantities of products to be purchased and unit costs, along with the total amount of purchases to be made. Where requested, furnish survey data to substantiate quantities. b. Itemize labor charges by time and category. C. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. d. Indicate overhead and profit charges. e. Include a statement indicating the effect the proposed change in the work will have on the Contract Time. B. Contractor -Initiated Change Order Requests (RCO): When latent or unforeseen conditions require modifications to the Contract, the Contractor may propose changes by submitting a request for a change to the Architect. 1. Include a statement outlining the reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and Contract Time. CONTRACT MODIFICATION PROCEDURES 012600 - 2 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 2. Include a list of quantities of products to be purchased and unit costs along with the total amount of purchases to be made. Where requested, furnish survey data to substantiate quantities. 3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. 4. Comply with requirements in Section 012500 - PRODUCTS AND SUBSTITUTIONS if the proposed change requires substitution of one product or system for a product or system specified. 5. Change Order Request Form: Use forms provided by the Architect. The Contractor shall maintain a sequential log of all Requests for Change Orders. 1.5 ALLOWANCES A. Allowance Adjustment: For allowance -cost adjustment, base each Change Order Proposal on the difference between the actual purchase amount and the allowance, multiplied by the final measurement of work -in -place. Where applicable, include reasonable allowances for cutting losses, tolerances, mixing wastes, normal product imperfections, and similar margins. 1. Include installation costs in the purchase amount only where indicated as part of the allowance. 2. When requested, prepare explanations and documentation to substantiate the margins claimed. 3. The Owner reserves the right to establish the actual quantity of work -in -place by independent quantity survey, measure, or count. B. Submit claims for increased costs because of a change in scope or nature of the allowance described in the Contract Documents, whether for the purchase order amount or the Contractor's handling, labor, installation, overhead, and profit. Submit claims within twenty (20) days of receipt of the Change Order or Construction Change Directive authorizing work to proceed. The Owner will reject claims submitted later than 20 days. 1. Do not include the Contractor's or subcontractor's indirect expense in the Change Order cost amount unless it is clearly shown that the nature or extent of work has changed from what could have been foreseen from information in Contract Documents. 2. No change to the Contractor's indirect expense is permitted for selection of higher or lower -priced materials or systems of the same scope and nature as originally indicated. 1.6 CONSTRUCTION CHANGE DIRECTIVE A. Construction Change Directive: When the Owner and the Contractor are not in total agreement on the terms of a Change Order Proposal Request, the Architect may issue a Construction Change Directive. The Construction Change Directive instructs the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. 1. The Construction Change Directive will contain a complete description of the change in the work and designate the method to be followed to determine change in the Contract Sum or Contract Time. B. Documentation: Maintain detailed records on a time and material basis of work required by the Construction Change Directive. 1. After completion of the change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. CONTRACT MODIFICATION PROCEDURES 012600 - 3 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 1.7 CHANGE ORDER PROCEDURES A. Upon the Owner's approval of a Change Order Proposal Request, the Architect will issue a Change Order for signatures of the Owner and the Contractor on AIA Form G701, or similar, as provided in the Conditions of the Contract. Submit claims within twenty (20) days of receipt of the Change Order or Construction Change Directive authorizing work to proceed. The Owner will reject claims submitted later than twenty (20) days. ._► lei affl:9 A o WWI A. The amount of overhead and profit allowed to the Contractor on a contract modification will be as follows: 1. Unit Price - If there is a proposed increase or decrease in a scope item that has a Unit Price in the Contract Documents, no additional mark-up will be allowed for overhead, profit, safety, insurance or bonds. In addition, no reduction in overhead and profit will be taken for the scope change. 2. Proposal Basis (Additive) — If there is a proposed increase in the scope of work, the Contractor will be allowed a 10% mark-up for overhead and profit for all direct work (work by his/her own forces) and for subcontractors' costs. This mark-up includes overhead, profit, safety and insurance costs. The Contractor will be paid for the increase in Bond amount equal to his / her actual bonding rate as stated in the bid form. This is to be added for all scope / cost changes. 3. Proposal Basis (Deductive) — If there is a proposed decrease in the scope of work, the Contractor will be required to provide a 0% mark-down for overhead and profit for all direct work (work by his / her own forces) and subcontractors' costs. This mark-down includes overhead, profit, safety and insurance costs. The Contractor will provide a deduction for the decrease in Bond amount equal to his / her actual bonding rate as stated in the bid form. This is to be deducted for all scope / cost changes. 4. Time & Material (Additive) - If there is a proposed increase in the scope of work due to time and material work directed by the Owner, the Contractor will be allowed a 10% mark-up for overhead and profit for all direct work (work by his/her own forces) and subcontractors' costs. This mark-up includes overhead, profit, safety and insurance costs. The Contractorwill be paid for the increase in Bond amount equal to his / her actual bonding rate as stated in the bid form. This is to be added for all scope / cost changes. B. All Subcontractors will be required to adhere to the same allowable mark-ups / downs as the Contractor. The Contractor is responsible for reviewing and confirming that all Subcontractors have adhered to the allowable mark-ups / downs as stated above. C. The Contractor will be required to provide detailed back-up for all costs associated with the scope change. This includes, but is not limited to material invoices from suppliers, hourly wage rate sheets including all fringe benefits, certified payrolls, and bonding amount certification from his / her bonding company. D. Equipment — The Contractor will be paid for all equipment (other than small hand tools) as currently defined by the Illinois Department of Transportation "Schedule of Average Annual Equipment Ownership Expense with Operation Cost." No additional mark-up for overhead and profit will be allowed over and above the costs listed in this book. If equipment is not listed in this book, the Contractor is to provide rental agreement / invoices for the equipment. CONTRACT MODIFICATION PROCEDURES 012600 - 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION 012600 CONTRACT MODIFICATION PROCEDURES 012600 - 5 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT SECTION 012900 — APPLICATIONS FOR PAYMENT PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements governing the Contractor's Applications for Payment. 1. Coordinate the Schedule of Values and Applications for Payment with the Contractor's Construction Schedule, Submittal Schedule, and List of Subcontracts. B. Related Sections: The following Sections contain requirements that relate to this Section. 1. Schedules: The Contractor's Construction Schedule and Submittal Schedule are specified in Division 1 Section 013300 - SUBMITTALS. 1.3 SCHEDULE OF VALUES A. Coordination: Coordinate preparation of the Schedule of Values with preparation of the Contractor's Construction Schedule. 1. Correlate line items in the Schedule of Values with other required administrative schedules and forms, including: a. Contractor's Construction Schedule. b. Application for Payment forms, including Continuation Sheets. C. List of subcontractors. d. Schedule of allowances. e. Schedule of alternates. f. Schedule of submittals. 2. Submit 3 copies of the Schedule of Values to the Architect for approval at the earliest possible date but no later than twenty-one (21) days before the date scheduled for submittal of the initial Applications for Payment. 3. Subschedules: Where Work is separated into phases requiring separately phased payments, provide subschedules showing values correlated with each phase of payment. B. Format and Content: Use the Project Manual Table of Contents as a guide to establish the format for the Schedule of Values. 1. Identification: Include the following Project identification on the Schedule of Values: a. Project name and location. b. Name of the Architect. C. Project number. d. Contractor's name and address. e. Date of submittal. APPLICATIONS FOR PAYMENT 012900 - 1 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 2. Arrange the Schedule of Values in tabular form with separate columns to indicate the following for each item listed: a. Related Specification Section and Division. b. Description of Work / generic name of the item. C. Name of subcontractor. d. Name of manufacturer or fabricator. e. Name of supplier. f. Change Orders (numbers) that affect value. g. Dollar value. h. Percentage of Contract Sum to nearest one -hundredth percent, adjusted to total 100 percent. 3. Provide a breakdown of the Contract Sum in sufficient detail, acceptable to the Architect, to facilitate continued evaluation of Applications for Payment and progress reports. Break principal subcontract amounts down into several line items. 4. Round amounts to nearest whole dollar; the total shall equal the Contract Sum. 5. Provide a separate line item in the Schedule of Values for each part of the Work where Applications for Payment may include materials or equipment, purchased or fabricated and stored, but not yet installed. a. Differentiate between items stored on -site and items stored off -site. Include requirements for insurance and bonded warehousing, if required. 6. Provide separate line items on the Schedule of Values for initial cost of the materials, for each subsequent stage of completion, and for total installed value of that part of the Work. 7. Margins of Cost: Show line items for indirect costs and margins on actual costs only when such items are listed individually in Applications for Payment. Each item in the Schedule of Values and Applications for Payment shall be complete. Include the total cost and proportionate share of general overhead and profit margin for each item. a. Temporary facilities and other major cost items that are not direct cost of actual work -in -place may be shown either as separate line items in the Schedule of Values or distributed as general overhead expense, at the Contractor's option. 8. Schedule Updating: Update and resubmit the Schedule of Values prior to the next Applications for Payment when Change Orders or Construction Change Directives result in a change in the Contract Sum. 1.4 APPLICATIONS FOR PAYMENT A. Each Application for Payment shall be consistent with previous applications and payments as certified by the Architect and paid for by the Owner. 1. The initial Application for Payment, the Application for Payment at time of Substantial Completion, and the final Application for Payment involve additional requirements. B. Payment Application Times: The "date" for each progress payment is as indicated in the Owner -Contractor Agreement or, if none is indicated therein, it is the 25th day of each month. The period of construction work covered by each payment request is the period indicated in the Owner -Contractor agreement or, if none is indicated therein, starting the day following the end of the preceding period. Refer to General Conditions and other Contract Documents for other dates related to payment application times. APPLICATIONS FOR PAYMENT 012900 - 2 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 C. Payment -Application Forms: Use AIA Document G702 and Continuation Sheets G703 as the form for Applications for Payment. D. Application Preparation: Complete every entry on the form. Include notarization and execution by a person authorized to sign legal documents on behalf of the Contractor. The Architect will return incomplete applications without action. 1. Entries shall match data on the Schedule of Values and the Contractor's Construction Schedule. Use updated schedules if revisions were made. 2. Include amounts of Change Orders and Construction Change Directives issued prior to the last day of the construction period covered by the application. E. Transmittal: Submit five (5) signed and notarized original copies of each Application for Payment to the Architect by a method ensuring receipt within twenty-four (24) hours. One copy shall be complete, including waivers of lien and similar attachments. 1. Transmit each copy with a transmittal form listing attachments and recording appropriate information related to the application, in a manner acceptable to the Architect. F. Waivers of Mechanics Lien: With each Application for Payment, submit waivers of mechanics liens from every entity who may lawfully be entitled to file a mechanics lien arising out of the Contract, including but not limited to subcontractors, sub -subcontractors and suppliers, for the construction period covered by the previous application. 1. Submit partial waivers on each item for the amount requested, priorto deduction for retainage, on each item. 2. When an application shows completion of an item, submit final or full waivers. 3. The Owner reserves the right to designate which entities involved in the Work must submit waivers. 4. Waiver Delays: Submit each Application for Payment with the Contractor's waiver of mechanics lien for the period of construction covered by the application. a. Submit final Applications for Payment with or proceeded by final waivers from every entity involved with performance of the Work covered by the application who is lawfully entitled to a lien. 5. Waiver Forms: Submit waivers of lien on forms and executed in a manner acceptable to Owner. G. Initial Application for Payment: Administrative actions and submittals, that must precede or coincide with submittal of the first Application for Payment, include the following: 1. List of subcontractors. 2. List of principal suppliers and fabricators. 3. Schedule of Values. 4. Contractor's Construction Schedule (preliminary if not final). 5. Schedule of principal products. 6. Schedule of unit prices. 7. Submittal Schedule (preliminary if not final). 8. List of Contractor's staff assignments. 9. List of Contractor's principal consultants. 10. Copies of building permits. 11. Copies of authorizations and licenses from governing authorities for performance of the Work. 12. Certificates of insurance and insurance policies. 13. Performance and payment bonds. APPLICATIONS FOR PAYMENT 012900 - 3 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT 14. Data needed to acquire the Owner's insurance. 15. Initial settlement survey and damage report, if required. H. Application for Payment at Substantial Completion: Following issuance of the Certificate of Substantial Completion, submit an Application for Payment. 1. This application shall reflect any Certificates of Partial Substantial Completion issued previously for Owner occupancy of designated portions of the Work. 2. Administrative actions and submittals that shall precede or coincide with this application include: a. Occupancy permits and similar approvals or certifications by governing authorities, assuring Owner=s full access and use of the completed work. b. Warranties (guarantees) and maintenance agreements. C. Test / adjust / balance records. d. Maintenance instructions. e. Meter readings. f. Start-up performance reports. g. Change -over information related to Owner's occupancy, use, operation, and maintenance. h. Final cleaning. i. Application for reduction of retainage and consent of surety. j. Advice on shifting insurance coverages, including proof of extended coverages as required. k. Final progress photographs. I. List of incomplete Work recognized to be completed by the Contractor, as exceptions to Architect's Certificate of Substantial Completion. Final Payment Application: Administrative actions and submittals that must precede or coincide with submittal of the final Application for Payment include the following: 1. Completion of Project closeout requirements. 2. Completion of items specified for payment application at time of Substantial Completion (regardless of whether such application was made). 3. Assurance, satisfactory to Owner, that unsettled claims will be settled and that work not actually completed or accepted will be completed without undue delay. 4. Transmittal of required Project construction records to the Owner. 5. Certified property, building, foundation, site improvements survey in an electronic format. 6. Proof, satisfactory to Owner, that taxes, fees, and similar obligations of the Contractor have been paid. 7. Removal of temporary facilities and services. 8. Removal of surplus materials, rubbish, and similar elements. 9. Change of door locks and other Contractor access to Owner's property. 10. Consent of Surety for Final Payment. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION 012900 APPLICATIONS FOR PAYMENT 012900 - 4 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT SECTION 013100 — PROJECT MANAGEMENT & COORDINATION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including other Division 1 Specification Sections, apply to this section. 1.2 SUMMARY A. This section includes administrative and supervisory requirements necessary for coordinating construction operations including, but not necessarily limited to, the following: 1. General project coordination procedures. 2. Coordination Drawings. 3. Administrative and supervisory personnel. 4. Cleaning and protection. B. Related Sections: Refer to other Division 1 sections for coordination requirements regarding field engineering services, project meetings, Contractor's construction schedule, general installation, and contract closeout. 1.3 COORDINATION A. Coordinate construction operations included in various sections of these Specifications to assure efficient and orderly installation of each part of the work. Coordinate construction operations included under different sections that are dependent upon each other for proper installation, connection, and operation. 1. Schedule construction operations in the sequence required to obtain the best results where installation of one part of the work depends on installation of other components, before or after its own installation. 2. Coordinate installation of different components to assure maximum accessibility for required maintenance, service, and repair. 3. Make provisions to accommodate items scheduled for later installation. B. Where necessary, prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and attendance at meetings. 1. Prepare similar memoranda for the Owner and separate contractors where coordination of their work is required. C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities to avoid conflicts and assure orderly progress of the work. Such administrative activities include, but are not limited to, the following: 1. Preparation of schedules. 2. Installation and removal of temporary facilities. 3. Delivery and processing of submittals. 4. Progress meetings. PROJECT MANAGEMENT & COORDINATION 013100 - 1 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT 5. Project closeout activities. 1.4 SUBMITTALS A. Coordination Drawings: Prepare coordination drawings as careful coordination is needed for installation of products and materials fabricated by separate entities. Prepare coordination drawings where limited space availability necessitates maximum utilization of space for efficient installation of different components. 1. Show the relationship of components shown on separate Shop Drawings. 2. Indicate required installation sequences. 3. Comply with requirements contained in Section 01300 - SUBMITTALS. 4. Refer to Divisions 15 and 16 for additional requirements. B. Staff Names: Within 15 days of commencement of construction operations, submit a list of the Contractor's principal staff assignments, including the superintendent and other personnel in attendance at the Project Site. Identify individuals and their duties and responsibilities. List their addresses and telephone numbers. 1. Post copies of the list in the Project meeting room, the temporary field office, and each temporary telephone. C. Subcontractor / Supplier Names: Within 15 days of commencement of construction operations, submit a listing of Contractor's principal subcontractors and suppliers, naming persons and listing their addresses and phone numbers. 1.5 SITE USE PLAN A. Within ten (10) working days of Contract award, the Contractor shall develop and submit for Owner's approval a site use plan. This plan shall clearly describe the proposed temporary facilities, staging areas, ramps and major traffic ways, hazardous material storage, provisions for site services, safety and security. Changes to the site plan shall be submitted for review and approval five (5) working days prior to effecting the changes. 1.6 TRADESPERSONS AND WORKMANSHIP STANDARDS A. General: Instigate and maintain procedures to ensure that persons performing work at site are skilled and knowledgeable in methods and craftsmanship needed to produce required quality levels for workmanship in completed work. Remove and replace work which does not comply with workmanship standards as specified and as recognized in the construction industry for applications indicated. Remove and replace other work damaged or deteriorated by faulty workmanship or its replacement. B. Availability of Tradespersons: At each progress or coordination meeting, review availability of tradespersons and projected needs to accomplish work as scheduled. Require each entity employing personnel to report on events which might affect progress of work. Where possible, consider alternatives and take actions to avoid disputes and delays. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION PROJECT MANAGEMENT & COORDINATION 013100 - 2 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT 3.1 GENERAL COORDINATION PROVISIONS A. Inspection of Conditions: Require the Installer of each major component to inspect both the substrate and conditions under which work is to be performed. Do not proceed until unsatisfactory conditions have been corrected in an acceptable manner. B. Coordinate temporary enclosures with required inspections and tests to minimize the necessity of uncovering completed construction for that purpose. C. Manufacturer's Instructions: Comply with manufacturer's installation instructions and recommendations, to the extent that those instructions and recommendations are more explicit or stringent than requirements contained in Contract Documents. D. Inspect materials or equipment immediately upon delivery and again prior to installation. Reject damaged and defective items. E. Provide attachment and connection devices and methods necessary for securing work. Secure work true to line and level. Allow for expansion and building movement. F. Visual Effects: Provide uniform joint widths in exposed work. Arrange joints in exposed work to obtain the best visual effect. Refer questionable choices to the Architect for final decision. G. Recheck measurements and dimensions, before starting each installation. H. Install each component during conditions of temperature, humidity, exposure, forecasted weather and status of project completion that will ensure the best possible results, in coordination with entire work. Isolate each part of the completed construction from incompatible material as necessary to prevent deterioration. Mounting Heights: Where mounting heights are not indicated, install individual components at standard mounting heights recognized within the industry for the particular application indicated. Refer questionable mounting height decisions to the Architect for final decision. 3.2 CLEANING AND PROTECTION A. Clean and protect construction in progress and adjoining materials in place, during handling and installation. Apply protective covering where required to assure protection from damage or deterioration at Substantial Completion. B. Clean and maintain completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to assure operability without damaging effects. C. Limiting Exposures: Supervise construction operations to assure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. Where applicable, such exposures include, but are not limited to, the following: 1. Excessive static or dynamic loading. 2. Excessive internal or external pressures. 3. Excessively high or low temperatures. PROJECT MANAGEMENT & COORDINATION 013100 - 3 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 4. Thermal shock. 5. Excessively high or low humidity. 6. Air contamination or pollution. 7. Water or ice. 8. Solvents. 9. Chemicals. 10. Light. 11. Radiation. 12. Puncture. 13. Abrasion. 14. Heavy traffic. 15. Soiling, staining, and corrosion. 16. Bacteria. 17. Rodent and insect infestation. 18. Combustion. 19. Electrical current. 20. High-speed operation. 21. Improper lubrication. 22. Unusual wear or other misuse. 23. Contact between incompatible materials. 24. Destructive testing. 25. Misalignment. 26. Excessive weathering. 27. Unprotected storage. 28. Improper shipping or handling. 29. Theft. 30. Vandalism. 3.3 ENVIRONMENTAL PROTECTION A. Soil Disposal and / or Borrow: Conduct all soil disposal and / or borrow work in accordance with requirements of local regulatory authorities. Dispose of all excess soil in a legal manner off site. B. Solid, Liquid and Gaseous Contaminants: Contractor shall be responsible for the proper disposal of all solid, liquid and gaseous contaminants in accordance with all local codes and regulations, together with the following requirements. 1. Discharge gaseous contaminants so that they will be sufficiently diluted with fresh air to reduce the toxicity to an acceptable level. 2. Liquid contaminants may, subject to local utility standards, be diluted with water to a level of quality acceptable in the local sewer system or shall be contained in approved vessels for disposal at approved sites. C. Disposal of Refuse: Remove refuse resulting from construction operations from the site. Burning on the site is not permissible. D. Hazardous Waste: All hazardous waste generated by the Contractor and the Contractor's subcontractors during the course of construction shall be stored, transported and disposed of in accordance with 40 CFR 260. The Contractor and his subcontractors shall be responsible for all documentation related to hazardous waste generated as a result of this Contract and that documentation shall be in accordance with 40 CFR 260. E. Construction Site Maintenance: PROJECT MANAGEMENT & COORDINATION 013100 - 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 1. Store all supplies and equipment on project site so as to preclude mechanical and climatic damage. Maintain site in a neat and orderly manner. 2. Contractor shall be responsible for maintaining the temporary structures and construction enclosure (fence) in good repair and visually pleasant. Contractor shall further provide adequate security, supplementing the existing fencing as necessary, to prevent the presence of unauthorized persons on the site and to keep gates secured when not in actual use to ensure the integrity of the barrier as well as for property security. F. Noise Control: Comply with all applicable state and local laws, ordinances and regulations relative to noise control. END OF SECTION 013100 PROJECT MANAGEMENT & COORDINATION 013100 - 5 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 THIS PAGE INTENTIONALLY BLANK. PROJECT MANAGEMENT & COORDINATION 013100 - 6 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT SECTION 013200 — PROJECT MEETINGS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including other Division 1 Specification Sections, apply to this section. 1.2 SUMMARY A. This section specifies administrative and procedural requirements for project meetings, including, but not limited to, the following: 1. Preconstruction conferences. 2. Preinstallation conferences. 3. Progress meetings. B. Contractor's Construction Schedule requirements are specified in another Division 1 section. C. Refer to individual sections for the portions of the project requiring preinstallation conferences. 1.3 PRECONSTRUCTION CONFERENCE A. The Owner and / or Architect will schedule a preconstruction conference and organizational meeting prior to the start of construction, but no later than fifteen (15) days after the execution of the Owner -Contractor Agreement. The preconstruction conference will be held at the project site, or an otherwise convenient location. The meeting shall be conducted to review responsibilities and personnel assignments. B. Attendees: Authorized representatives of the Owner, Architect and their consultants, the Contractor and its superintendent, major subcontractors, manufacturers, suppliers, and other concerned parties shall attend the conference. All participants at the conference shall be familiar with the Project and authorized to conclude matters relating to the work. C. Agenda: Discuss items of significance that could affect progress, including the following: 1. Tentative construction schedule. 2. Critical work sequencing. 3. Designation of responsible personnel. 4. Procedures for processing field decisions and Change Orders. 5. Procedures for processing Applications for Payment. 6. Distribution of Contract Documents, if not previously distributed. 7. Submittal of Shop Drawings, Product Data, and Samples. 8. Preparation of record documents. 9. Use of the premises. 10. Parking availability. 11. Office, work, storage areas and temporary facilities. PROJECTMEETINGS 013200 - 1 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 12. Equipment deliveries and priorities. 13. Safety procedures. 14. First aid. 15. Security. 16. Housekeeping. 17. Working hours. 18. Coordination with work of concurrent and subsequent contracts under other Contractors. 19. Other appropriate topics. D. Schedule of Values: The Contractor shall provide an outline or draft copy of the Schedule of Values, in accordance with the requirements of Section 01027 - APPLICATIONS FOR PAYMENT, for initial review. The intent of this submittal is to review the Schedule of Values for organization and content with respect to the construction progress and work requirements, such that the review time of the formal submittal maybe minimized. No dollar values or other monetary breakdowns are required with this outline. The formal submittal of the Schedule of Values with all monetary breakdowns and other requirements shall be in accordance with Section 01027 - APPLICATIONS FOR PAYMENT. E. The Architect shall record the results of the meeting and distribute copies to attendees and other interested parties. 1.4 PREINSTALLATION CONFERENCES A. The Contractor shall conduct a preinstallation conference at the Project Site before each construction activity that requires coordination with other construction. B. Attendees: The Installer and representatives of manufacturers and fabricators involved in or affected by the installation, and its coordination or integration with other materials and installations that have preceded or will follow, shall attend the meeting. Advise the Architect at least ten (10) working days in advance of scheduled meeting dates. C. Do not schedule conferences until the submittals required by the Contract Documents for work associated with the construction activity requiring the conference have been approved and returned to the Contractor. D. Review the progress of other construction activities and preparations for the particular activity under consideration at each preinstallation conference, including requirements for the following: 1. Contract Documents. 2. Options. 3. Related Change Orders. 4. Purchases. 5. Deliveries. 6. Shop Drawings, Product Data, and quality -control samples. 7. Review of mockups. 8. Possible conflicts. 9. Compatibility problems. 10. Time schedules. 11. Weather limitations. PROJECTMEETINGS 013200 - 2 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 12. Manufacturer's recommendations. 13. Warranty requirements. 14. Compatibility of materials. 15. Acceptability of substrates. 16. Temporary facilities. 17. Space and access limitations. 18. Governing regulations. 19. Safety. 20. Inspecting and testing requirements. 21. Required performance results. 22. Recording requirements. 23. Protection. 2231874.003 E. The Contractor shall record the results of the meeting and distribute copies to attendees and other interested parties. F. Do not proceed with the installation if the conference cannot be successfully concluded. Initiate whatever actions are necessary to resolve impediments to performance of work and reconvene the conference at the earliest feasible date. 1.5 PROGRESS MEETINGS A. The Contractor shall conduct progress meetings at the Project Site at regularly scheduled times on a weekly interval. Notify the Owner and the Architect of scheduled meeting dates. Coordinate dates of meetings with preparation of the payment request and in conjunction with any coordination meetings. B. Attendees: In addition to representatives of the Owner and the Architect, each subcontractor, supplier, or other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the conference shall be familiar with the Project and authorized to conclude matters relating to progress. C. Agenda: Review and correct or approve minutes of the previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to the status of the Project. 1. Contractor's Construction Schedule: Review progress since the last meeting. Determine where each activity is in relation to the Contractor's Construction Schedule, whether on time or ahead or behind schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. 2. Review the present and future needs of each entity present, including the following: a. Interface requirements. b. Time. C. Sequences. d. Status of submittals. e. Deliveries. f. Off -site fabrication problems. g. Access. PROJECTMEETINGS 013200 - 3 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT h. Site utilization. i. Temporary facilities and services. j. Hours of work. k. Hazards and risks. I. Housekeeping. M. Quality and work standards. n. Change Orders. o. Documentation of information for payment requests. D. Reporting: Contractor shall record minutes of the meeting and distribute to each party present and to parties who should have been present. Contractor shall revise the construction schedule after each progress meeting where revisions to the schedule have been made or recognized. Contractor shall issue the revised schedule to attendees and others who should have been present no later than 3 days after the meeting. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION 013200 PROJECTMEETINGS 013200 - 4 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT SECTION 013300 — SUBMITTAL PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including other Division 1 Specification Sections, apply to this section. 1.2 SUMMARY A. This section includes administrative and procedural requirements for submittals required for performance of the work, including the following: 1. Contractor's construction schedule. 2. Submittal schedule. 3. Daily construction reports. 4. Construction photographs. 5. Shop Drawings. 6. Product Data. 7. Samples. 8. Quality assurance submittals. B. Administrative Submittals: Refer to other Division 1 Sections and other Contract Documents for requirements for administrative submittals. Such submittals include, but are not limited to, the following: 1. Permits. 2. Applications for Payment. 3. Performance and payment bonds. 4. Insurance certificates. 5. List of subcontractors. C. Related Sections: The following sections contain requirements that relate to this section: 1. Division 1, Section 012900 - APPLICATIONS FOR PAYMENT specifies requirements for submittal of the Schedule of Values. 2. Division 1, Section 013100 - COORDINATION specifies requirements governing preparation and submittal of required Coordination Drawings. 3. Division 1, Section 013200 - PROJECT MEETINGS specifies requirements for submittal and distribution of meeting and conference minutes. 4. Division 1, Section 014000 - QUALITY CONTROL specifies requirements for submittal of inspection and test reports. 5. Division 1, Section 017700 - CONTRACT CLOSEOUT specifies requirements for submittal of Project Record Documents at project closeout. 1.3 QUALITY ASSURANCE A. Compatibility of Options: When the Contractor is given the option of selecting between 2 or more products for use on the Project, the product selected shall be compatible with products previously selected, even if previously selected products were also options. 1.4 SUBMITTAL PROCEDURES SUBMITTAL PROCEDURES 013300 - 1 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 A. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. Transmit each submittal sufficiently in advance of performance of related construction activities to avoid delay. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Coordinate transmittal of different types of submittals for related elements of the work so processing will not be delayed by the need to review submittals concurrently for coordination. a. The Architect reserves the right to withhold action on a submittal requiring coordination with other submittals until all related submittals are received. 3. Processing: Allow sufficient review time so that installation will not be delayed as a result of the time required to process submittals, including time for resubmittals. a. Allow 2 weeks plus time in transit for initial review. Allow additional time if processing must be delayed, to allow for coordination with subsequent submittals. The Architect will advise the Contractor when a submittal being processed must be delayed for coordination. b. If an intermediate submittal is necessary, process the same as the initial submittal. C. Allow two (2) weeks plus time in transit for reprocessing each submittal. d. No extension of Contract Time will be authorized because of failure to transmit submittals to the Architect sufficiently in advance of the work to permit processing. 4. The Architect will review up to 2 submissions (original and one resubmission) of shop drawings and other data submitted by the Contractor. Thereafter, additional reviews will be at the expense of the Contractor. These two referenced submissions shall be the only two whose associated review costs shall be borne by the Owner, regardless of whether a different product is submitted in subsequent submittals and regardless of whether a product is submitted as an equal product or substitution. The Architect will record the time required by him or his consultants in reviewing and approving submission in excess of the original and one 1 resubmission and notify the Contractor of the charges therefore. The Owner shall deduct any such expenses of the Architect from the Contractor's monthly periodic pay requests in accordance with the compensation terms for cost, overhead and profit in the Owner / Architect -Engineer agreement. B. Submittal Preparation: Place a permanent label or title block on each submittal for identification. Indicate the name of the entity that prepared each submittal on the label or title block. 1. Provide a space approximately 4 by 5 inches on the label or beside the title block on Shop Drawings to record the Contractor's review and approval markings and the action taken. 2. Include the following information on the label for processing and recording action taken. a. Project name. b. Date. C. Name and address of the Architect. d. Name and address of the Contractor. e. Name and address of the Subcontractor. f. Name and address of the supplier. g. Name of the manufacturer. h. Number and title of appropriate Specification section. SUBMITTAL PROCEDURES 013300 - 2 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 Drawing number and detail references, as appropriate. C. Submittal Transmittal: Package each submittal appropriately for transmittal and handling. Transmit each submittal from Contractor to Architect using the standard transmittal form. Submittals received from sources other than the Contractor will be returned without action. A separate transmittal shall be used for each required submittal and the contents shall be itemized separately thereon to allow indication of disposition for each element of the submittal. D. Contractor's Action: Each shop drawing sheet and the cover sheet of bound packets of product data shall bear a stamp indicating the Contractor's disposition following the Contractor's review and checking. The disposition shall be indicated as "approved," "approved as noted," or similar as applicable. The stamp shall include the Contractor's name, the signature of the reviewer and the date checked. The notated sample shall be construed as evidence the Contractor has performed the review, check, verification, and coordination as required by the Owner. Shop drawing submittals received without this stamp (executed) will be returned to the Contractor with no action taken. 1.5 CONTRACTOR'S CONSTRUCTION SCHEDULE A. Bar -Chart Schedule: Prepare a fully developed, horizontal bar -chart -type, Contractor's construction schedule. Submit within thirty (30) days after the date established for "Commencement of the Work." 1. Provide a separate time bar for each significant construction activity. Provide a continuous vertical line to identify the first working day of each week. 2. Within each time bar, indicate estimated completion percentage in 10 percent increments. As work progresses, place a contrasting mark in each bar to indicate actual completion. 3. Prepare the schedule on a sheet, or series of sheets, of stable transparency, or other reproducible media, of sufficient width to show data for the entire construction period. 4. Secure time commitments for performing critical elements of the work from parties involved. Coordinate each element on the schedule with other construction activities; include minor elements involved in the sequence of the work. Show each activity in proper sequence. Indicate graphically the sequences necessary for completion of related portions of the work. 5. Coordinate the Contractor's construction schedule with the schedule of values, list of subcontracts, submittal schedule, progress reports, payment requests, and other schedules. 6. Indicate completion in advance of the date established for Substantial Completion. Indicate Substantial Completion on the schedule to allow time for the Architect's procedures necessary for certification of Substantial Completion. B. Phasing: On the schedule, show how requirements for phased completion to permit work by separate Contractors and partial occupancy by the Owner affect the sequence of work. C. Work Stages: Indicate important stages of construction for each major portion of the work, including submittal review, testing, and installation. SUBMITTAL PROCEDURES 013300 - 3 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 D. Area Separations: Provide a separate time bar to identify each major construction area for each major portion of the work. Indicate where each element in an area must be sequenced or integrated with other activities. E. Cost Correlation: At the head of the schedule, provide a cost correlation line, indicating planned and actual costs. On the line, show dollar volume of work performed as of the dates used for preparation of payment requests. 1. Refer to Division 1, Section 012900 - APPLICATIONS FOR PAYMENT for cost reporting and payment procedures. F. Distribution: Following response to the initial submittal, print and distribute copies to the Architect, Owner, subcontractors, and other parties required to comply with scheduled dates. Post copies in the Project meeting room and temporary field office. 1. When revisions are made, distribute to the same parties and post in the same locations. Delete parties from distribution when they have completed their assigned portion of the work and are no longer involved in construction activities. G. Schedule Updating: Revise the schedule after each meeting, event, or activity where revisions have been recognized or made. Issue the updated schedule concurrently with the report of each meeting. 1.6 SUBMITTAL SCHEDULE A. After development and acceptance of the Contractor's Construction Schedule, prepare a complete schedule of submittals. Submit the schedule within ten (10) days of the date required for establishment of the Contractor's Construction Schedule. 1. The submittal schedule shall include all product data, shop drawings, samples, inspection reports, test reports and similar items as called out in the individual specification sections, to be submitted by the Contractor during the project. 2. Coordinate Submittal Schedule with the list of subcontracts, Schedule of Values, and the list of products as well as the Contractor's Construction Schedule. 3. Prepare the schedule in chronological order; include submittals required during the first 90 days of construction. Provide the following information: a. Scheduled date for the first submittal. b. Related section number. C. Submittal category. d. Name of the subcontractor. e. Description of the part of the work covered. f. Scheduled date for resubmittal. g. Scheduled date for the Architect's final release or approval. B. Distribution: Following response to the initial submittal, print and distribute copies to the Architect, Owner, subcontractors, and other parties required to comply with submittal dates indicated. Post copies in the project meeting room and field office. 1. When revisions are made, distribute to the same parties and post in the same locations. Delete parties from distribution when they have completed their assigned portion of the work and are no longer involved in construction activities. SUBMITTAL PROCEDURES 013300 - 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 C. Schedule Updating: Revise the schedule after each meeting or activity where revisions have been recognized or made. Issue the updated schedule concurrently with the report of each meeting. 1.7 DAILY CONSTRUCTION REPORTS A. Prepare a daily construction report recording the following information concerning events at the site, and submit duplicate copies to the Architect at weekly intervals: 1. List of subcontractors at the site. 2. Approximate count of personnel at the site. 3. High and low temperatures, general weather conditions. 4. Accidents and unusual events. 5. Meetings and significant decisions. 6. Stoppages, delays, shortages, and losses. 7. Meter readings and similar recordings. 8. Emergency procedures. 9. Orders and requests of governing authorities. 10. Change Orders received, implemented. 11. Services connected, disconnected. 12. Equipment or system tests and startups. 13. Partial Completions, occupancies. 14. Substantial Completions authorized. 1.8 SHOP DRAWINGS A. Submit newly prepared information drawn accurately to scale. Highlight, encircle, or otherwise indicate deviations from the Contract Documents. Do not reproduce Contract Documents or copy standard information as the basis of Shop Drawings. Standard information submitted without being specifically tailored to this Project is not a Shop Drawing. B. Shop Drawings include fabrication and installation Drawings, setting diagrams, schedules, patterns, templates, and similar drawings. Include the following information: 1. Dimensions. 2. Identification of products and materials included. 3. Compliance with specified standards. 4. Notation of coordination requirements. 5. Notation of dimensions established by field measurement. 6. Sheet Size: Except for templates, patterns and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches but no larger than 36 by 48 inches. 7. Submittal Quantity and Type: Submit one correctable, translucent, reproducible print and three blueline or blackline prints for the Architect's review. The Architect will return the reproducible print. 8. Do not use Shop Drawings without an appropriate final stamp indicating action taken in connection with construction. 1.9 PRODUCT DATA A. Collect product data into a single submittal for each element of construction or system. Product data includes printed information, such as manufacturer's installation instructions, catalog cuts, standard color charts, roughing -in diagrams and templates, standard wiring diagrams, and performance curves. Where product SUBMITTAL PROCEDURES 013300 - 5 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 data must be specially prepared because standard printed data is not suitable for use, submit as "shop drawings." 1. Mark each copy to show applicable choices and options. Where printed product data includes information on several products, some of which are not required, mark copies to indicate the applicable information. Include the following information: a. Manufacturer's printed recommendations. b. Compliance with recognized trade association standards. C. Compliance with recognized testing agency standards. d. Application of testing agency labels and seals. e. Notation of dimensions verified by field measurement. f. Notation of coordination requirements. 2. Do not submit product data until compliance with requirements of the Contract Documents has been confirmed. 3. Submittals: Submit 6 copies of each required submittal. The Architect will retain 3 and will return the others marked with action taken and corrections or modifications required. 4. Distribution: Furnish copies of final submittal to installers, subcontractors, suppliers, manufacturers, fabricators, and others required for performance of construction activities. Show distribution on transmittal forms.a. Do not proceed with installation until an applicable copy of product data is in the Installer's possession. b. Do not permit use of unmarked copies of product data in connection with construction. 1.10 SAMPLES A. Submit full-size, fully fabricated samples cured and finished as specified and physically identical with the material or product proposed. Samples include partial sections of manufactured or fabricated components, cuts or containers of materials, color range sets, and swatches showing color, texture, and pattern. 1. Mount, display or package samples in the manner to facilitate review of qualities indicated. Prepare samples to match the Architect's sample. Include the following: a. Specification section number and reference. b. Generic description of the sample. C. Sample source. d. Product name or name of the manufacturer. e. Compliance with recognized standards. f. Availability and delivery time. 2. Submit samples for review of size, kind, color, pattern, and texture. Submit samples for a final check of these characteristics with other elements and a comparison of these characteristics between the final submittal and the actual component as delivered and installed. a. Where variation in color, pattern, texture, or other characteristic is inherent in the material or product represented, submit at least 3 multiple units that show approximate limits of the variations. b. Refer to other Specification sections for requirements for samples that illustrate workmanship, fabrication techniques, details of assembly, connections, operation, and similar construction characteristics. 3. Preliminary Submittals: Where samples are for selection of color, pattern, texture, or similar characteristics from a range of standard choices, submit a full set of choices for the material or product. SUBMITTAL PROCEDURES 013300 - 6 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 a. Preliminary submittals will be reviewed and returned with the Architect's notation indicating selection and other action. 4. Submittals: Except for samples illustrating assembly details, workmanship, fabrication techniques, connections, operation, and similar characteristics, submit 3 sets. The Architect will return one set marked with the action taken. 5. Maintain sets of samples, as returned, at the Project Site, for quality comparisons throughout the course of construction. a. Unless noncompliance with Contract Document provisions is observed, the submittal may serve as the final submittal. b. Sample sets may be used to obtain final acceptance of the construction associated with each set. B. Distribution of Samples: Prepare and distribute additional sets to subcontractors, manufacturers, fabricators, suppliers, installers, and others as required for performance of the work. Show distribution on transmittal forms. 1. Field samples specified in individual sections are special types of samples. Field samples are full-size examples erected on -site to illustrate finishes, coatings, or finish materials and to establish the standard by which the work will be judged. a. Comply with submittal requirements to the fullest extent possible. Process transmittal forms to provide a record of activity. 1.11 QUALITY ASSURANCE SUBMITTALS A. Submit quality -control submittals, including design data, certifications, manufacturer's instructions, manufacturer's field reports, and other quality -control submittals as required under other sections of the Specifications. B. Certifications: Where other sections of the Specifications require certification that a product, material, or installation complies with specified requirements, submit a notarized certification from the manufacturer certifying compliance with specified requirements. 1. Signature: Certification shall be signed by an officer of the manufacturer or other individual authorized to sign documents on behalf of the company. C. Inspection and Test Reports: Requirements for submittal of inspection and test reports from independent testing agencies are specified in Division 1, Section 01400 - QUALITY CONTROL. 1.12 CONSTRUCTION PHOTOGRAPHS A. General: Provide construction progress photographs taken one day each month to coincide with monthly pay request, until Substantial Completion. Take photographs at Substantial Completion as specified. B. Photographer Qualifications: A professional commercial photographer acceptable to the Owner. C. Format: Color photographic prints in 8-inch by 10-inch size, smooth surface, glossy finish and in a plastic jacket with a left-hand binding margin. Digital photo documentation will also be acceptable, provided all images are documented and labeled per below. SUBMITTAL PROCEDURES 013300 - 7 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 1. Provide 3 copies of each monthly set, with negatives, to the Architect, within five (5) working days of taking photograph. 2. Label each photograph, in lower right-hand corner, with the name of the project, date and time of the exposure, description of the view, Contractor's name and other pertinent data. 3. Consecutively number each exposure from beginning of project through Substantial Completion. D. Quantity: 1. Monthly: Until Substantial Completion, take photographs of four (4) representative views of the project showing, as much as possible, the work installed during the previous month. Architect reserves the right to determine location of photographs. 2. At Substantial Completion: Take photographs of the project from ten (10) locations as selected by the Owner and Architect. 1.13 ARCHITECT'S ACTION A. Except for submittals for the record, information or similar purposes, where action and return is required or requested, the Architect will review each submittal, mark to indicate action taken, and return in accordance with the Article "Submittal Procedures." 1. Compliance with specified characteristics is the Contractor's responsibility. B. Action Stamp: The Architect will stamp each submittal with a uniform, self- explanatory action stamp. The stamp will be appropriately marked, as follows, to indicate the action taken: 1. Final Unrestricted Release: When submittals are marked "Approved," the work covered by the submittal may proceed provided it complies with requirements of the Contract Documents. Final acceptance and payment depend on that compliance. 2. Final -But -Restricted Release: When submittals are marked "Approved as Noted," the work covered by the submittal may proceed provided it complies with notations or corrections on the submittal and requirements of the Contract Documents. Final acceptance and payment depend on that compliance. 3. Returned for Resubmittal: When submittals are marked "Not Approved" or "Returned for Correction", do not proceed with work covered by the submittal, including purchasing, fabrication, delivery, or other activity. Revise or prepare a new submittal according to the notations; resubmit without delay. Repeat if necessary to obtain different action mark. Do not permit submittals so marked to be used at the project site or elsewhere where work is in progress. 4. Other Action: Where a submittal is for information or record purposes, special processing or other activity, the submittal will be returned marked "Returned Without Action." C. Unsolicited Submittals: The Architect will return unsolicited submittals to the sender without action. D. Except for verification of finishes, colors and other aesthetic matters left to the Architect's discretion by the Contract Documents, Architect's review of shop drawings is only for the convenience of the Owner in following the work and shall not relieve the Contractor from responsibility for any deviations from the requirements of the Contract Documents. The Architect's review shall not be construed as a SUBMITTAL PROCEDURES 013300 - 8 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 complete check, nor shall it relieve the Contractor from responsibility for errors of any sort in shop drawings or schedules or from the necessity of furnishing any work required by the Contract Documents which may have been omitted on the shop drawings. The Architect's review of a separate item shall not indicate review of the complete assembly in which it functions. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION 013300 SUBMITTAL PROCEDURES 013300 - 9 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 THIS PAGE INTENTIONALLY BLANK. SUBMITTAL PROCEDURES 013300 - 10 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT 014000 — QUALITY CONTROL PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including other Division 1 Specification Sections, apply to this section. 1.2 SUMMARY A. This section includes administrative and procedural requirements for quality -control services. B. Quality -control services include inspections, tests, and related actions, including reports performed by Contractor, by independent agencies, and by governing authorities. They do not include contract enforcement activities performed by Architect. C. Inspection and testing services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with Contract Document requirements. D. Requirements of this section relate to customized fabrication and installation procedures, not production of standard products. 1. Specific quality -control requirements for individual construction activities are specified in the sections that specify those activities. Those requirements, including inspections and tests, cover production of standard products as well as customized fabrication and installation procedures. 2. Specified inspections, tests, and related actions do not limit Contractor's quality -control procedures that facilitate compliance with Contract Document requirements. 3. Requirements for Contractor to provide quality -control services required by Architect, Owner, or authorities having jurisdiction are not limited by provisions of this section. 1.3 RESPONSIBILITIES A. Contractor Responsibilities: Owner shall provide inspections, tests, and similar quality -control services where specifically indicated to be provided by Owner elsewhere in the Contract Documents. Costs are not included under the contract sum. The contractor shall be responsible for all other inspections, tests and similar quality control services specified in the Contract Documents or required by authorities having jurisdiction and for coordination of the Owner' agencies. B. Contractor's Convenience Testing: Inspecting and testing performed exclusively for the Contractor's convenience shall be the sole responsibility of the Contractor. C. Retesting: The Contractor is responsible for retesting where results of inspections, tests, or other quality -control services prove unsatisfactory and indicate QUALITY CONTROL 014000 - 1 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 noncompliance with Contract Document requirements, regardless of whether the original test was Contractor's responsibility. 1. The cost of retesting construction, revised or replaced by the Contractor, is the Contractor's responsibility where required tests were performed on original construction. D. Associated Services: Cooperate with agencies performing required inspections, tests, and similar services, and provide reasonable auxiliary services as requested. Notify the agency sufficiently in advance of operations to permit assignment of personnel. Auxiliary services required include, but are not limited to, the following: 1. Provide access to the work. 2. Furnish incidental labor and facilities necessary to facilitate inspections and tests. 3. Take adequate quantities of representative samples of materials that require testing or assist the agency in taking samples. 4. Provide facilities for storage and curing of test samples. 5. Deliver samples to testing laboratories. 6. Provide the agency with a preliminary design mix proposed for use for materials mixes that require control by the testing agency. 7. Provide security and protection of samples and test equipment at the Project Site. E. Duties of the Testing Agency: The independent testing agency engaged to perform inspections, sampling, and testing of materials and construction specified in individual sections shall cooperate with the Architect and the Contractor in performance of its duties and shall provide qualified personnel to perform required inspections and tests. 1. The agency shall notify the Architect and the Contractor promptly of irregularities or deficiencies observed in the work during performance of its services. 2. The agency is not authorized to release, revoke, alter, or enlarge requirements of the Contract Documents or approve or accept any portion of the work. 3. The agency shall not perform any duties of the Contractor. F. Coordination: The Contractor and each agency engaged to perform inspections, tests and similar services shall coordinate the sequence of activities to accommodate required services with a minimum of delay. In addition, the Contractor and each agency shall coordinate activities to avoid the necessity of removing and replacing construction to accommodate inspections and tests. 1. The Contractor is responsible for scheduling times for inspections, tests, taking samples, and similar activities. 1.4 SUBMITTALS A. The independent testing agency shall submit a certified written report, in duplicate, of each inspection, test, or similar service to the Architect and the Contractor. 1. Submit additional copies of each written report directly to the governing authority, when the authority so directs. 2. Report Data: Written reports of each inspection, test, or similar service shall include, but not be limited to, the following: a. Date of issue. QUALITY CONTROL 014000 - 2 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 b. Project title and number. C. Name, address, and telephone number of testing agency. d. Dates and locations of samples and tests or inspections. e. Names of individuals making the inspection or test. f. Designation of the work and test method. g. Identification of product and specification section. h. Complete inspection or test data. i. Test results and an interpretation of test results. j. Ambient conditions at the time of sample taking and testing. k. Comments or professional opinion on whether inspected or tested work complies with Contract Document requirements. I. Name and signature of laboratory inspector. M. Recommendations on retesting. 1.5 QUALITY ASSURANCE A. Qualifications for Service Agencies: Engage inspection and testing service agencies, including independent testing laboratories, that are prequalified as complying with the American Council of Independent Laboratories' 'Recommended Requirements for Independent Laboratory Qualification" and that specialize in the types of inspections and tests to be performed. 1. Each independent inspection and testing agency engaged on the Project shall be authorized by authorities having jurisdiction to operate in the state where the Project is located. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 REPAIR AND PROTECTION A. General: Upon completion of inspection, testing, sample taking and similar services, repair damaged construction and restore substrates and finishes to eliminate deficiencies including deficiencies in visual qualities of exposed finishes. Comply with Contract Document requirements for "Cutting and Patching." B. Protect construction exposed by or for quality -control service activities and protect repaired construction. C. Repair and protection is Contractor's responsibility, regardless of the assignment of responsibility for inspection, testing, or similar services. END OF SECTION 01400 QUALITY CONTROL 014000 - 3 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT THIS PAGE INTENTIONALLY BLANK. 2231874.003 QUALITY CONTROL 014000 - 4 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT SECTION 014200 — REFERENCES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including other Division 1 Specification Sections, apply to this section. 1.2 DEFINITIONS A. General: Basic contract definitions are included in the Conditions of the Contract. B. "Indicated:" The term "indicated" refers to graphic representations, notes, or schedules on the Drawings; or to other paragraphs or schedules in the Specifications and similar requirements in the Contract Documents. Terms such as "shown," "noted," "scheduled," and "specified" are used to help the user locate the reference. No limitation on location is intended. C. "Directed:" Terms such as "directed," "requested," "authorized," "selected," "approved," "required," and "permitted" mean directed by the Architect, requested by the Architect, and similar phrases. However, no such implied meaning will be interpreted to extend the Architect's responsibility into Contractor's area of construction supervision. D. "Approved:" The term "approved," when used in conjunction with the Architect's action on the Contractor's submittals, applications, and requests, is limited to the Architect's duties and responsibilities as stated in the Conditions of the Contract. E. "Regulations:" The term "regulations" includes laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, as well as rules, conventions, and agreements within the construction industry that control performance of the Work. F. "Furnish:" The term "furnish" means to supply and deliver to the Project site, ready for unloading, unpacking, assembly, installation, and similar operations. G. "Install:" The term "install" describes operations at the Project site including the actual unloading, temporary storage, unpacking, assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. H. "Provide:" The term "provide" means to furnish and install, complete and ready for the intended use. "Installer:" An installer is the Contractor or another entity engaged by the Contractor, either as an employee, subcontractor, or contractor of lower tier, to perform a particular construction activity, including installation, erection, REFERENCES 014200 - 1 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 application, or similar operations. Installers are required to be experienced in the operations they are engaged to perform. 1. Trades: Using a term such as "carpentry" does not imply that certain construction activities must be performed by accredited or unionized individuals of a corresponding generic name, such as "carpenter." It also does not imply that requirements specified apply exclusively to tradespersons of the corresponding generic name. "Project Site" is the space available to the Contractor for performing construction activities, either exclusively or in conjunction with others performing other work as part of the Project. The extent of the Project site is shown on the Drawings and may or may not be identical with the description of the land on which the Project is to be built. K. "Testing Agencies, Laboratories or Service:" All terms interchangeably refer to an independent entity engaged to perform specific inspections or tests, either at the Project site or elsewhere, and to report on and, if required, to interpret results of those inspections or tests. L. "Nationally Recognized Testing Laboratories:" The term "nationally recognized testing laboratory (NRTL)" shall mean a firm or organization which is recognized by OSHA in accordance with 29 CFR Part 1910.7 to test and approve (i.e., certify, label or list) equipment or materials as being safe for the intended use. Labeling and / or listing of products by NRTL is acceptable wherever a reference to the UL or FMRC label is made in the specifications. M. "Label:" The label must be provided by a nationally recognized testing laboratory. The Contractor shall provide a statement from the testing laboratory attesting that the laboratory has been approved by OSHA to certify the category of product(s) being submitted for approval. 1.3 SPECIFICATION FORMAT AND CONTENT EXPLANATION A. Specification Content: These Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows: 1. Abbreviated Language: Language used in the Specifications and other Contract Documents is abbreviated. Words and meanings shall be interpreted as appropriate. Words implied, but not stated, shall be interpolated as the sense requires. Singular words shall be interpreted as plural and plural words interpreted as singular where applicable as the context of the Contract Documents indicates. 2. Imperative mood and streamlined language are generally used in the Specifications. Requirements expressed in the imperative mood are to be performed by the Contractor. At certain locations in the Text, subjective language is used for clarity to describe responsibilities that must be fulfilled indirectly by the Contractor or by others when so noted. a. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase. 1.4 INDUSTRY STANDARDS A. Applicability of Standards: Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same REFERENCES 014200 - 2 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. 1. Reference standards (standards referenced directly in the contract documents) take precedence over standards that are not referenced but generally recognized in the industry for applicability to the work. 2. Unreferenced Standards: Except as otherwise limited by the contact documents, standards not referenced but recognized in the construction industry as having direct applicability will be enforced for performance of the work. The decision as to whether an industry code or standard is applicable, or as to which of several standards are applicable, is the sole responsibility of the Architect. B. Publication Dates: Comply with the standards in effect as of the date of the Contract Documents. 1. Updated Standards: Submit a change order proposal where an applicable industry code or standard has been revised and reissued after the date of the Contract Documents and before the performance of the work affected. The Architect will decide whether to issue a change order to proceed with the updated standard. C. Conflicting Requirements: Where compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer uncertainties and requirements that are different but apparently equal to the Architect for a decision before proceeding. 1. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of the requirements. Refer uncertainties to the Architect for a decision before proceeding. 2. The Architect is the sole interpreter of what constitutes "minimum requirements" in any given situation. Exceeding minimum requirements in one or more aspects of any given specification does not cancel or replace the need to meet minimum requirements of any other aspect of that specification. D. Copies of Standards: Each entity engaged in construction on the Project must be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents. 1. Where copies of standards are needed to perform a required construction activity, the Contractor shall obtain copies directly from the publication source and make them available on request. E. Abbreviations and Names: Trade association names and titles of general standards are frequently abbreviated. Where abbreviations and acronyms are used in the Specifications or other Contract Documents, they mean the recognized name of the trade association, standards -generating organization, authorities having jurisdiction, or other entity applicable to the context of the text provision. Refer to Gale Research's "Encyclopedia of Associations" or Columbia Books' 'National Trade & Professional Associations of the U.S.," which are available in most libraries. 1.5 GOVERNING REGULATIONS AND AUTHORITIES REFERENCES 014200 - 3 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 A. The Architect has contacted authorities having jurisdiction where necessary to obtain information necessary for preparation of Contract Documents. Contact authorities having jurisdiction directly for information and decision having a bearing on the work. 1.6 SUBMITTALS A. Permits, Licenses, and Certificates: For the Owner's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents, established for compliance with standards and regulations bearing on performance of the Work. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION 014200 REFERENCES 014200 - 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 SECTION 014500 — STATEMENT OF SPECIAL INSPECTIONS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provision of the Contract, including Form of Agreement between Owner and Contractor and Division 1 Specification Sections, apply to this Section. 1.2 DESCRIPTION A. In compliance with the current Building Code, the Owner will employ a Special Inspector (hereinafter Inspector) to observe construction of the structural components of the Project identified in this Section. 1.3 RESPONSIBILITIES A. The Inspector will be responsible to keep records of inspections and furnish inspection reports to the building official and Architect -Engineer. Copies of the inspection reports will be submitted to Building Department, Owner, Architect - Engineer and Contractor. B. The Contractor shall furnish the Inspector, and keep current, a schedule of construction so the Inspector can be present to observe structural work. Contractor shall make all areas available and safe for inspection. C. The acceptance of any structural component by the Inspector in no way relieves the Contractor of responsibility for complying with the requirements of the Contract Documents. D. Specified tests, inspections, and related actions do not limit the Contractor's other quality -assurance and control procedures that facilitate compliance with the Contract Document requirements. E. Requirements for the Contractor to provide quality -assurance and control services required by the Architect -Engineer, Owner or authorities having jurisdiction are not limited by the provisions of this Section. 1.4 SPECIAL INSPECTION PLAN A. As required by the Building Code, the Inspector shall be present and observe the installation and construction of each type of structural component as follows: B. Following are representative examples of the above: 1. Earthwork: Inspections and verifications of earthwork shall be as required by the current Building Code: a. Required verification and continuous inspection: STATEMENT OF SPECIAL INSPECTIONS 014500 - 1 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 i. Verify use of proper materials, densities and lift thicknesses during placement and compaction of controlled fill. b. Required verification and periodic inspection: i. Verify materials below footings are adequate to achieve the design bearing capacity. ii. Verify excavations are extended to proper depth and have reached proper material. iii. Perform classification and testing of controlled fill materials. iv. Prior to placement of controlled fill, observe subgrade and verify that site has been prepared properly. 2. Concrete: Inspections and verifications of concrete construction shall be as required by current Building Code: a. Required verification and continuous inspection: i. Inspect bolts to be installed in concrete prior to and during placement of concrete where allowable loads have been increased. ii. At the time fresh concrete is sampled to fabricate specimens for strength tests, perform slump and air content tests, and determine the temperature of the concrete. Refer to Specification 033000. iii. Inspection of concrete and shotcrete placement for proper application techniques. iv. Inspection of pre -stressed concrete: application of pre- stressing forces and grouting of bonded pre -stressing tendons in the seismic -force -resisting system. b. Required verification and periodic inspection: 1. Inspection of reinforcing steel, including pre -stressing tendons, and placement. 2. Verifying use of required design mix. 3. Inspection for maintenance of specified curing temperature and techniques. 4. Erection of precast concrete members. 5. Verification of in -situ concrete strength, prior to stressing of tendons in post -tensioned concrete and prior to removal of shores and forms from beams and structural slabs. 6. Inspect formwork for shape, location, and dimensions of the concrete member being formed. 3. Structural Steel: Inspections and verifications of steel construction shall be as required by current Building Code" a. Required verification and continuous inspection: 1. Inspection of high -strength bolting in slip -critical connections. 2. Complete and partial penetration groove welds. 3. Multi -pass fillet welds. 4. Single -pass fillet welds > 5/16". b. Required verification and periodic inspection: 1. For high -strength bolts, nuts and washers, identification markings to conform to ASTM standards specified in the approved construction documents. STATEMENT OF SPECIAL INSPECTIONS 014500 - 2 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 2. For high -strength bolts, nuts and washers, manufacturer's certificate of compliance required. 3. Inspection of high -strength bolting in bearing -type connections. 4. Single -pass fillet welds <_ 5/16". 5. Floor and roof deck welds. 6. Verification of weldability of reinforcing steel other than ASTM A 706. 7. Inspection of steel frame joint details for compliance with approved construction documents: details such as bracing and stiffening, member locations, and application of joint details at each connection. C. Inspection of steel fabricators shall be performed in compliance with current Building Code unless the steel fabricator can demonstrate certification in compliance with current Building Code. 4. Masonry Construction: Inspections and verifications of masonry construction shall be as required by current Building Code a. Required verification and continuous inspection: i. Grout placement shall be verified to ensure compliance with code and construction document provisions ii. Preparation of any required grout specimens, mortar specimens and/or prisms. b. Required verification and periodic inspection: i. As masonry construction begins: A. Proportions of site -prepared mortar B. Construction of mortar joints C. Location of reinforcement, connectors, and anchorages D. Grade and size of anchorages ii. Size and locations of structural elements iii. Type, size, and locations of anchors, including other details of anchorage of masonry to structural members, frames or other construction iv. Specified size, grade and type of reinforcement V. Protection of masonry during cold or hot weather vi. Prior to grouting: A. Ensure grout space is clean B. Placement of reinforcement and connectors and anchorages C. Proportions of site -prepared grout D. Construction of mortar joints vii. Compliance with required inspection provisions of the construction documents and the approved submittals 1.4 INSPECTION REPORTS A. General: Reports of special inspection shall be in conformance with current Building Code. PART 2 - PRODUCTS (NOT APPLICABLE) STATEMENT OF SPECIAL INSPECTIONS 014500 - 3 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 PART 3 - EXECUTION (NOT APPLICABLE) END OF SECTION 014500 STATEMENT OF SPECIAL INSPECTIONS 014500 - 4 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT SECTION 015000 — TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including other Division 1 Specification Sections, apply to this section. 1.2 SUMMARY A. This section includes requirements for temporary services and facilities, including temporary utilities, support facilities, security, and protection. B. Temporary utilities include, but are not limited to, the following: 1. Water service and distribution. 2. Temporary electric power and light. 3. Temporary heat. 4. Ventilation. 5. Telephone service. 6. Sanitary facilities, including drinking water. 7. Storm and sanitary sewer. C. Temporary construction and support facilities include, but are not limited to, the following: 1. Field offices and storage sheds. 2. Temporary roads and paving. 3. Dewatering facilities and drains. 4. Temporary enclosures. 5. Temporary project identification signs and bulletin boards. 6. Waste disposal services. 7. Rodent and pest control. 8. Construction aids and miscellaneous services and facilities. D. Security and protection facilities include, but are not limited to, the following: 1. Temporary fire protection. 2. Barricades, warning signs, and lights. 3. Sidewalk bridge or enclosure fence for the site. 4. Environmental protection. 1.3 QUALITY ASSURANCE A. Regulations: Comply with industry standards and applicable laws and regulations of authorities having jurisdiction including, but not limited to, the following: 1. Building Code requirements. 2. Health and safety regulations. 3. Utility company regulations. 4. Police, Fire Department, and Rescue Squad rules. 5. Environmental protection regulations. TEMPORARY FACILITIES AND CONTROLS 015000 - 1 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 B. Inspections: Arrange for authorities having jurisdiction to inspect and test each temporary utility before use. Obtain required certifications and permits. 1.4 PROJECT CONDITIONS A. Conditions of Use: Keep temporary services and facilities clean and neat in appearance. Operate in a safe and efficient manner. Relocate temporary services and facilities as the work progresses. Do not overload facilities or permit them to interfere with progress. Take necessary fire -prevention measures. Do not allow hazardous, dangerous, or unsanitary conditions, or public nuisances to develop or persist on -site. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 INSTALLATION A. Use qualified personnel for installation of temporary facilities. Locate facilities where they will serve the Project adequately and result in minimum interference with performance of the work. Relocate and modify facilities as required. B. Provide each facility ready for use when needed to avoid delay. Maintain and modify as required. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities. 3.2 TEMPORARY UTILITY INSTALLATION A. General: Engage the appropriate local utility company to install temporary service or connect to existing service. Where company provides only part of the service, provide the remainder with matching, compatible materials and equipment. Comply with company recommendations. 1. Arrange with company and existing users for a time when service can be interrupted, if necessary, to make connections for temporary services. 2. Provide adequate capacity at each stage of construction. Prior to temporary utility availability, provide trucked -in services. 3. Obtain easements to bring temporary utilities to the site where the Owner's easements cannot be used for that purpose. 4. Use Charges: Cost or use charges for temporary facilities are not chargeable to the Owner or Architect. Neither the Owner nor Architect will accept cost or use charges as a basis of claims for Change Orders. B. Water Service: Install water service and distribution piping of sizes and pressures adequate for construction until permanent water service is in use. 1. Sterilization: Sterilize temporary water piping prior to use. 2. When nonpotable water is used, mark each outlet with hazardous warning signs. C. Temporary Electric Power Service: For temporary power alignment and cost, contractor shall contact applicable local electrical utility. TEMPORARY FACILITIES AND CONTROLS 015000 - 2 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 1. Provide weatherproof, grounded electric power service and distribution system of sufficient size, capacity, and power characteristics during construction period. Include meters, transformers, overload -protected disconnects, automatic ground -fault interrupters, and main distribution switch gear. 2. Power Distribution System: Install wiring overhead and rise vertically where least exposed to damage. Where permitted, wiring circuits not exceeding 125 Volts, AC 20 Ampere rating, and lighting circuits may be nonmetallic sheathed cable where overhead and exposed for surveillance. D. Temporary Lighting: When overhead floor or roof deck has been installed, provide temporary lighting with local switching. 1. Install and operate temporary lighting that will fulfill security and protection requirements without operating the entire system. Provide temporary lighting that will provide adequate illumination for construction operations and traffic conditions. E. Temporary Heat: Provide temporary heat required by construction activities for curing or drying of completed installations or for protection of installed construction from adverse effects of low temperatures or high humidity. Select safe equipment that will not have a harmful effect on completed installations or elements being installed. Coordinate ventilation requirements to produce the ambient condition required and minimize consumption of energy. F. Heating Facilities: Except where the Owner authorizes use of the permanent system, provide vented, self-contained, LP -gas or fuel -oil heaters with individual space thermostatic control. Use of gasoline -burning space heaters, open flame, or salamander heating units is prohibited. G. Temporary Telephones: Provide temporary telephone service throughout the construction period for all personnel engaged in construction activities. Install telephone on a separate line for each temporary office and first -aid station. 1. Separate Telephone Lines: Provide additional telephone lines for the following: a. Where an office has more than 2 occupants, install a telephone for each additional occupant or pair of occupants. b. Provide a dedicated telephone line for a fax machine in the field office. C. Provide a separate line for the Owner's use. 2. At each telephone, post a list of important telephone numbers. H. Sanitary facilities include temporary toilets, wash facilities, and drinking -water fixtures. Comply with regulations and health codes for the type, number, location, operation, and maintenance of fixtures and facilities. Install where facilities will best serve the Project's needs. 1. Provide toilet tissue, paper towels, paper cups, and similar disposable materials for each facility. Provide covered waste containers for used material. Toilets: Install self-contained toilet units. Shield toilets to ensure privacy. Use of pit -type privies will not be permitted. 1. Provide separate facilities for male and female personnel. TEMPORARY FACILITIES AND CONTROLS 015000 - 3 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 Wash Facilities: Install wash facilities supplied with potable water at convenient locations for personnel involved in handling materials that require wash-up for a healthy and sanitary condition. Dispose of drainage properly. Supply cleaning compounds appropriate for each condition. 1. Provide safety showers, eyewash fountains, and similar facilities for convenience, safety, and sanitation of personnel. K. Drinking -Water Facilities: Provide containerized, tap -dispenser, bottled -water drinking -water units, including paper supply. 1. Where power is accessible, provide electric water coolers to maintain dispensed water temperature at 45 to 55 deg F. L. Sewers and Drainage: If sewers are available, provide temporary connections to remove effluent that can be discharged lawfully. If sewers are not available or cannot be used, provide drainage ditches, dry wells, stabilization ponds, and similar facilities. If neither sewers nor drainage facilities can be lawfully used for discharge of effluent, provide containers to remove and dispose of effluent off -site in a lawful manner. 1. Filter out excessive amounts of soil, construction debris, chemicals, oils, and similar contaminants that might clog sewers or pollute waterways before discharge. 2. Connect temporary sewers to the municipal system, as directed by sewer department officials. 3. Maintain temporary sewers and drainage facilities in a clean, sanitary condition. Following heavy use, restore normal conditions promptly. M. Provide earthen embankments and similar barriers in and around excavations and subgrade construction, sufficient to prevent flooding by runoff of storm water from heavy rains. 3.3 TEMPORARY CONSTRUCTION AND SUPPORT FACILITIES INSTALLATION A. Locate field offices, storage sheds, and other temporary construction and support facilities for easy access. 1. Maintain support facilities until near Substantial Completion. Remove prior to Substantial Completion. Personnel remaining after Substantial Completion will be permitted to use permanent facilities, under conditions acceptable to the Owner. B. Contractors Facilities: Provide a field office building and sheds adequate in size and accommodation for all Contractors offices, supply and storage. 1. Within the Contractors facilities, provide enclosed space adequate for holding project meetings. Furnish with all required tables, chairs and utilities. 2. The entire facilities, including furniture, will remain the property of the Contractor and shall be removed from the site after completion of the work. C. Architects Field Office: Provide separate air-conditioned space field office building to accommodate Architect and Staff with telephone, power, bytes, water and internet line (non -phone line internet). Provide a minimum size to accommodate a meeting with table and twelve (12) folding chairs in one (1) room and a separate room with desk and file cabinets in each room. Also provide full size drawing storage and hanging files. TEMPORARY FACILITIES AND CONTROLS 015000 - 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 D. Temporary Paving: Construct and maintain temporary roads and paving to adequately support the indicated loading and to withstand exposure to traffic during the construction period. Locate temporary paving for roads, storage areas, and parking where the same permanent facilities will be located. Review proposed modifications to permanent paving with the Architect. 1. Paving: Comply with Division 2 sections for construction and maintenance of temporary paving. 2. Coordinate temporary paving development with subgrade grading, compaction, installation and stabilization of subbase, and installation of base and finish courses of permanent paving. 3. Install temporary paving to minimize the need to rework the installations and to result in permanent roads and paved areas without damage or deterioration when occupied by the Owner. 4. Delay installation of the final course of permanent asphalt concrete paving until immediately before Substantial Completion. Coordinate with weather conditions to avoid unsatisfactory results. 5. Extend temporary paving in and around the construction area as necessary to accommodate delivery and storage of materials, equipment usage, administration, and supervision. E. Dewatering Facilities and Drains: Provide drainage and dewtetering facilities as required by conditions, future work applicable requirements. Maintain the site, excavations, and construction free of water. F. Temporary Enclosures: Provide temporary enclosures for protection of construction, in progress and completed, from exposure, foul weather, other construction operations, and similar activities. 1. Where heat is needed and the permanent building enclosure is not complete, provide temporary enclosures where there is no other provision for containment of heat or as required by conditions to allow continuation of scheduled construction activities. Coordinate enclosure with ventilating and material drying or curing requirements to avoid dangerous conditions and effects. 2. Protection and temporary closures shall be provided at all exterior openings in the building including doors, walls and roof to maintain the building weather and dust tight. All protection shall be substantial so that it will not be disturbed by wind and weather normal to the area and season. 3. Openings in floors shall be protected and closures provided to prevent floor to floor transfer of dust, debris and conditioned air. Conform to fire and safety regulations of the authorities having jurisdiction. G. Project Identification and Temporary Signs: A ground mounted project identification sign 4' x 8' in size, has been provided, Contractor has been awarded an area to place his identification. 1. Finishes and painting materials shall be adequate to resist weathering and fading for the scheduled construction period. 2. Location: Unless noted otherwise, erect on the site at a lighted location of high public visibility, adjacent to the main entrance to the site, as approved by the Architect. 3. Informational Signs: Provide informational signs with painted lettering, or standard products. Size of signs and lettering shall be as required by regulatory agencies, or as appropriate to the usage. Colors as required by TEMPORARY FACILITIES AND CONTROLS 015000 - 5 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 regulatory agencies, otherwise of uniform colors throughout the project. Erect at appropriate locations to provide the required information and at a height for optimum visibility. 4. Materials: Structure and framing may be preservative -treated wood or steel, in sound condition and structurally adequate to the work and suitable specified finish. Paint is specified in Division 9. 5. Maintenance: Maintain signs and supports in a neat, clean condition, and repair damages to structure, framing or sign as required. 6. Relocate informational signs as required by progress of the work. 7. Remove signs, framing, supports and foundations at project completion. H. No other signs or advertising of any kind shall be allowed on the job site, except as specifically approved by the Architect. Temporary Exterior Lighting: Install exterior yard and sign lights so signs are visible when work is being performed. Rodent and Pest Control: Before deep foundation work has been completed, retain a local exterminator or pest control company to recommend practices to minimize attraction and harboring of rodents, roaches, and other pests. Employ this service to perform extermination and control procedures at regular intervals so the Project will be free of pests and their residues at Substantial Completion. Perform control operations lawfully, using environmentally safe materials. 3.4 SECURITY AND PROTECTION FACILITIES INSTALLATION A. Except for use of permanent fire protection as soon as available, do not change over from use of temporary security and protection facilities to permanent facilities until Substantial Completion, or longer, as requested by the Architect. B. Temporary Fire Protection: Until fire -protection needs are supplied by permanent facilities, install and maintain temporary fire -protection facilities of the types needed to protect against reasonably predictable and controllable fire losses. Comply with NFPA 10 "Standard for Portable Fire Extinguishers" and NFPA 241 "Standard for Safeguarding Construction, Alterations, and Demolition Operations." 1. Locate fire extinguishers where convenient and effective for their intended purpose, but not less than one extinguisher on each floor at or near each usable stairwell. 2. Store combustible materials in containers in fire -safe locations. 3. Maintain unobstructed access to fire extinguishers, fire hydrants, temporary fire -protection facilities, stairways, and other access routes for fighting fires. Prohibit smoking in hazardous fire -exposure areas. 4. Provide supervision of welding operations, combustion -type temporary heating units, and similar sources of fire ignition. C. Permanent Fire Protection: At the earliest feasible date in each area of the Project, complete installation of the permanent fire -protection facility, including connected services, and place into operation and use. Instruct key personnel on use of facilities. D. Barricades, Warning Signs, and Lights: Comply with standards and code requirements for erection of structurally adequate barricades. Paint with appropriate colors, graphics, and warning signs to inform personnel and the public of the hazard TEMPORARY FACILITIES AND CONTROLS 015000 - 6 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 being protected against. Where appropriate and needed, provide lighting, including flashing red or amber lights. E. Enclosure Fence: Before excavation begins, install an enclosure fence with lockable entrance gates as per drawings. Install in a manner that will prevent people, dogs, and other animals from easily entering the site, except by the entrance gates. 1. Maintain fence and gates throughout the construction period and remove at the end of the project, unless otherwise indicated by Architect. 2. Repair any damage caused by installation and removal and restore area to original or specified condition. F. Covered Walkway: Comply with regulations of authorities having jurisdiction as necessary if determined required by applicable codes erect a structurally adequate, protective covered walkway for passage of persons along the adjacent public street. Coordinate with entrance gates, other facilities, and obstructions. 1. Construct covered walkways using scaffold or shoring framing. Provide wood plank overhead decking, protective plywood enclosure walls, handrails, barricades, warning signs, lights, safe and well -drained walkways, and similar provisions for protection and safe passage. Extend the back wall beyond the structure to complete the enclosure fence. Paint and maintain in a manner acceptable to the Owner and the Architect. G. Security Enclosure and Lockup: Install substantial temporary enclosure of partially completed areas of construction. Provide locking entrances to prevent unauthorized entrance, vandalism, theft, and similar violations of security. H. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction in ways and by methods that comply with environmental regulations, and minimize the possibility that air, waterways, and subsoil might be contaminated or polluted or that other undesirable effects might result. Avoid use of tools and equipment that produce harmful noise. Restrict use of noise -making tools and equipment to hours that will minimize complaints from persons or firms near the site. 3.5 OPERATION, TERMINATION, AND REMOVAL A. Supervision: Enforce strict discipline in use of temporary facilities. Limit availability of temporary facilities to essential and intended uses to minimize waste and abuse. B. Maintenance: Maintain facilities in good operating condition until removal. Protect from damage by freezing temperatures and similar elements. 1. Maintain operation of temporary enclosures, heating, cooling, humidity control, ventilation, and similar facilities on a 24-hour basis where required to achieve indicated results and to avoid possibility of damage. 2. Protection: Prevent water -filled piping from freezing. Maintain markers for underground lines. Protect from damage during excavation operations. C. Termination and Removal: Unless the Architect requests that it be maintained longer, remove each temporary facility when the need has ended, when replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with the temporary facility. Repair damaged work, TEMPORARY FACILITIES AND CONTROLS 015000 - 7 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 clean exposed surfaces, and replace construction that cannot be satisfactorily repaired. 1. Materials and facilities that constitute temporary facilities are the Contractor's property. The Owner reserves the right to take possession of project identification signs. 2. Remove temporary paving not intended for or acceptable for integration into permanent paving. Where the area is intended for landscape development, remove soil and aggregate fill that do not comply with requirements for fill or subsoil in the area. Remove materials contaminated with road oil, asphalt and other petrochemical compounds, and other substances that might impair growth of plant materials or lawns. Repair or replace street paving, curbs, and sidewalks at the temporary entrances, as required by the governing authority. 3. At Substantial Completion, clean and renovate permanent facilities used during the construction period including, but not limited to, the following: a. Replace air filters and clean inside of ductwork and housings. b. Replace significantly worn parts and parts subject to unusual operating conditions. C. Replace lamps burned out or noticeably dimmed by hours of use. END OF SECTION 015000 TEMPORARY FACILITIES AND CONTROLS 015000 - 8 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT SECTION 015500 — FIELD ENGINEERING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including other Division 1 Specification Sections, apply to this section. 1.2 SUMMARY A. General: This section specifies administrative and procedural requirements for field - engineering services including, but not limited to, the following: 1. Land survey work. 2. Structural survey work. 1.3 SUBMITTALS A. Certificates: Submit a certificate signed by the land surveyor or professional engineer certifying the location and elevation of improvements or other pertinent documentation. B. Final Foundation, Anchor Bolt, Structural Steel and Masonry and Ledge Property Survey: Submit ten (10) copies of the final surveys of the overall site and building components as required and outlined by boundaries of this project. C. Project Record Documents: Submit a record of work performed and record survey data as required under provisions of Section 013300 - SUBMITTALS and Section 017700 - CONTRACT CLOSEOUT sections. 1.4 QUALITY ASSURANCE A. Surveyor Qualifications: Engage a land or structural surveyor registered in the state where the Project is located, to perform required surveying services. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 EXAMINATION A. Verify layout information shown on the Drawings, in relation to the property survey and existing benchmarks, before proceeding to lay out the work. Locate and protect existing benchmarks and control points. Preserve permanent reference points during construction. 1. Do not change or relocate benchmarks or control points without prior written approval. Promptly report lost or destroyed reference points or requirements to relocate reference points because of necessary changes in grades or locations. FIELD ENGINEERING 015500 - 1 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 2. Promptly replace lost or destroyed Project control points. Base replacements on the original survey control points. 3. Failure to verify layout information before proceeding to lay out the work shall not be grounds for a claim for an increase in the Contract Sum or the Contract Time. The Architect will in no case assume any responsibilities related to laying out the work. B. Establish and maintain a minimum of four (4) permanent benchmarks on the site, referenced to data established by survey control points. 1. Record benchmark locations, with horizontal and vertical data, on Project Record Documents. C. Existing Utilities and Equipment: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning sitework, investigate and verify the existence and location of underground utilities and other construction. 1. Prior to construction, verify the location and invert elevation at points of connection of sanitary sewer, storm sewer, and water -service piping. 3.2 PERFORMANCE A. Work from lines and levels established by the property survey. Establish benchmarks and markers to set lines and levels at each story of construction and elsewhere as needed to locate each element of the Project. Calculate and measure required dimensions within indicated or recognized tolerances. Do not scale Drawings to determine dimensions. 1. Advice entities engaged in construction activities of marked lines and levels provided for their use. 2. As construction proceeds, check every major element for line, level, and plumb. B. Surveyor's Log: Maintain a surveyor's log of control and other survey work. Make this log available for reference. 1. Record deviations from required lines and levels, and advice the Architect when deviations that exceed indicated or recognized tolerances are detected. On Project Record Drawings, record deviations that are accepted and not corrected. 2. On completion of foundation walls, major site improvements, and other work requiring field -engineering services, prepare a certified survey showing dimensions, locations, angles, and elevations of construction and site work. C. Site Improvements: Locate and lay out site improvements, including pavements, stakes for grading, fill and topsoil placement, utility slopes, and invert elevations by instrumentation and similar appropriate means. D. Building Lines and Levels: Locate and lay out batter boards for structures, building foundations, column grids and locations, floor levels, and control lines and levels required for mechanical and electrical work. E. Existing Utilities: Furnish information necessary to adjust, move, or relocate existing structures, utility poles, lines, services, or other appurtenances located in or affected by construction. Coordinate with local authorities having jurisdiction. F. Final Survey: Before Substantial Completion, prepare a final survey showing significant features for the new terminal complex portion of the overall site, FIELD ENGINEERING 015500 - 2 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 dimensions of all improvements, vertically and horizontally, anchor bolt and setting plates, structural steel, deck, radii, brick ledges, as -built utilities, drainage structures, grades, dimensions from adjacent structures and other improvements part of this work. Include on the survey a certification, signed by the Surveyor, that principal improvements metes, bounds, lines, and levels of the Project are accurately positioned as shown on the survey and provide the level of variation provided. Final Survey must be made available in electronic Auto -cad format. END OF SECTION 015500 FIELD ENGINEERING 015500 - 3 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 THIS PAGE INTENTIONALLY BLANK FIELD ENGINEERING 015500 - 4 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT SECTION 017400 — WARRANTIES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including other Division 1 Specification Sections, apply to this section. 1.2 SUMMARY A. This section specifies general administrative and procedural requirements for warranties required by the Contract Documents, including manufacturers' standard warranties on products and special warranties. 1. Refer to the General Conditions for terms of the Contractor's period for correction of the work and special warranty of workmanship and materials. B. The Contractor will provide a warranty on all project work (including that added by subsequent change order after execution of the construction contract) for a period of one (1) year following the formal declaration of Substantial Completion. This one (1) year warranty will be separate from and in no way affect other standard product / manufacturer or workmanship warranties that extend beyond this one (1) year period for goods and services provided to this project. C. Related Sections: The following sections contain requirements that relate to this section: 1. Division 1, Section 013300 - SUBMITTALS specifies procedures for submitting warranties. 2. Division 1, Section 017700 - CONTRACT CLOSEOUT specifies contract closeout procedures. 3. Divisions 2 through 41 sections for specific requirements for warranties on products and installations specified to be warranted. 4. Certifications and other commitments and agreements for continuing services to Owner are specified elsewhere in the Contract Documents. D. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on product warranties do not relieve the Contractor of the warranty on the work that incorporates the products. Manufacturer's disclaimers and limitations on product warranties do not relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with the Contractor. 1.3 WARRANTY REQUIREMENTS A. Related Damages and Losses: When correcting failed or damaged warranted construction, remove and replace other work that has been damaged as a result of such failure or must be removed and replaced to provide access for correction of warranted construction. WARRANTIES 017400 - 1 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT B. Reinstatement of Warranty: When work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation. C. Replacement Cost: Upon determination that work covered by a warranty has failed, replace, or rebuild the work to an acceptable condition complying with requirements of the Contract Documents. The Contractor is responsible for the cost of replacing or rebuilding defective work regardless of whether the Owner has benefited from use of the work through a portion of its anticipated useful service life. D. Owner's Recourse: Expressed warranties made to the Owner are in addition to implied warranties and shall not limit the duties, obligations, rights, and remedies otherwise available under the law. Expressed warranty periods shall not be interpreted as limitations on the time in which the Owner can enforce such other duties, obligations, rights, or remedies. 1. Rejection of Warranties: The Owner reserves the right to reject warranties and to limit selection to products with warranties not in conflict with requirements of the Contract Documents. E. Where the Contract Documents require a special warranty, or similar commitment on the work or part of the work, the Owner reserves the right to refuse to accept the work, until the Contractor presents evidence that entities required to countersign such commitments are willing to do so. 1.4 SUBMITTALS A. Submit written warranties to the Architect prior to the date certified for Substantial Completion. If the Architect's Certificate of Substantial Completion designates a commencement date for warranties other than the date of Substantial Completion for the work, or a designated portion of the work, submit written warranties upon request of the Architect. 1. When a designated portion of the work is completed and occupied or used by the Owner, by separate agreement with the Contractor during the construction period, submit properly executed warranties to the Architect within fifteen (15) days of completion of that designated portion of the work. B. When the Contract Documents require the Contractor, or the Contractor and a subcontractor, supplier, or manufacturer to execute a special warranty, prepare a written document that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft in digital pdf form to the Owner, through the Architect, for approval prior to final execution. 1. Refer to Divisions 2 through 41 sections for specific content requirements and particular requirements for submitting special warranties. C. Form of Submittal: At Final Completion compile two (2) copies of each required warranty properly executed by the Contractor, or by the Contractor, subcontractor, supplier, or manufacturer. Organize the warranty documents into an orderly sequence based on the table of contents of the Project Manual. Provide digital (pdf) copy of all binder contents (in order described herein) to Owner and A/E. D. Bind warranties and bonds in heavy-duty, commercial -quality, durable 3-ring, vinyl - covered loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8-1/2-by-1 1 -inch paper. WARRANTIES 017400 - 2 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT 1. Provide heavy paper dividers with celluloid covered tabs for each separate warranty. Mark the tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product, and the name, address, and telephone number of the Installer. 2. Identify each binder on the front and spine with the typed or printed title "WARRANTIES AND BONDS," Project title or name, and name of the Contractor. 3. When warranted construction requires operation and maintenance manuals, provide additional copies of each required warranty, as necessary, for inclusion in each required manual. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION 017400 WARRANTIES 017400 - 3 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT THIS PAGE INTENTIONALLY BLANK WARRANTIES 017400 - 4 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT SECTION 017700— CLOSEOUT PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, other Division 1 Specification Sections, apply to this section. 1.2 SUMMARY A. This section includes administrative and procedural requirements for contract closeout including, but not limited to, the following: 1. Inspection procedures. 2. Project record document submittal. 3. Operation and maintenance manual submittal. 4. Submittal of warranties. 5. Final cleaning. B. Closeout requirements for specific construction activities are included in the appropriate sections in Divisions 2 through 41. C. Definitions: Closeout is hereby defined to include general requirements near the end of Contract time, in preparation for final acceptance, final payment, normal termination of contract, occupancy by Owner and similar actions evidencing completion of the work. Specific requirements for individual units of work are specified in sections of Division 2 through 41. Special requirements for mechanical and electrical work are specified in Divisions 23 and 26 sections, respectively. Time of closeout is directly related to "Substantial Completion" and, therefore, may be either a single time -period for entire work or a series of time periods for individual parts of the work which have been certified as substantially complete at different dates. That time variation (if any) shall be applicable to other provisions of this section, regardless of whether resulting from "phased completion" originally specified by the Contract Documents or subsequently agreed upon by Owner and Contractor. 1.3 SUBSTANTIAL COMPLETION A. Certificates of Substantial Completion: Certificates of Substantial Completion will be filled out with punch lists attached and shall define the areas of the work which are being accepted. Procedures required to call for inspections and to request certificates shall be as required in this section. B. Preliminary Procedures: Before requesting inspection for certification of Substantial Completion, for either the entire work or portions thereof, complete the following. List exceptions in the request. 1. In the Application for Payment that coincides with, or first follows, the date Substantial Completion is claimed, show 100 percent completion for the portion of the work claimed as substantially complete. CLOSEOUT PROCEDURES 017700 - 1 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 1.4 2231874.003 a. Include supporting documentation for completion as indicated in these Contract Documents and a statement showing an accounting of changes to the Contract Sum. b. If 100 percent completion cannot be shown, include a list of incomplete items, the value of incomplete construction, and reasons the work is not complete. 2. Advise the Owner of pending insurance changeover requirements. 3. Submit specific warranties, workmanship bonds, maintenance agreements, final certifications, and similar documents. 4. Obtain and submit releases enabling the Owner unrestricted use of the work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 5. Deliver tools, spare parts, extra stock, and similar items. 6. Make final changeover of permanent locks and transmit keys to the Owner. Advise the Owner's personnel of changeover in security provisions. 7. Complete startup testing of systems and instruction of the Owner's operation and maintenance personnel. Discontinue or change over and remove temporary facilities and services from the site, along with mockups, construction tools, and similar elements. 8. Complete final cleanup requirements, including touchup painting. Touch up and otherwise repair and restore marred, exposed finishes. C. Inspection Procedures: On receipt of a request for inspection, the Architect will either proceed with inspection or advise the Contractor of unfilled requirements. The Architect will prepare the Certificate of Substantial Completion following inspection or advise the Contractor of construction that must be completed or corrected before the certificate will be issued. 1. The Architect will repeat inspection when requested and assured that the work is substantially complete. 2. Results of the completed inspection will form the basis of requirements for final acceptance. FINAL ACCEPTANCE A. Preliminary Procedures: Before requesting final inspection for certification of final acceptance and final payment, complete the following. List exceptions in the request. 1. Submit the final payment request with releases and supporting documentation not previously submitted and accepted. Include certificates of insurance for products and completed operations where required. 2. Submit an updated final statement, accounting for final additional changes to the Contract Sum. 3. Submit a certified copy of the Architect's final inspection list of items to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance, endorsed and dated by the Architect. 4. Submit final meter readings for utilities, a measured record of stored fuel, and similar data as of the date of Substantial Completion or when the Owner took possession of and assumed responsibility for corresponding elements of the work. 5. Submit consent of surety to final payment. CLOSEOUT PROCEDURES 017700 - 2 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 6. Submit a final liquidated damages settlement statement. 7. Submit evidence of final, continuing insurance coverage complying with insurance requirements. 8. Submit record documents, final project photographs, property survey and similar final record information. B. Reinspection Procedure: The Architect will reinspect the work upon receipt of notice that the work, including inspection list items from earlier inspections, has been completed, except for items whose completion is delayed under circumstances acceptable to the Architect. 1. Upon completion of reinspection, the Architect will prepare a certificate of final acceptance. If the work is incomplete, the Architect will advise the Contractor of work that is incomplete or of obligations that have not been fulfilled but are required for final acceptance. 2. If necessary, reinspection will be repeated. Contractor will promptly reimburse the Architect for all incurred costs. 1.5 RECORD DOCUMENT SUBMITTALS A. General: Do not use record documents for construction purposes. Protect record documents from deterioration and loss in a secure, fire-resistant location. Provide access to record documents for the Architect's reference during normal working hours. B. Record Drawings: Maintain a clean, undamaged set of blue or black line white - prints of Contract Drawings and Shop Drawings. Maintain digital pdf copies of all construction documentation. Mark the set to show the actual installation where the installation varies substantially from the work as originally shown. Mark which drawing is most capable of showing conditions fully and accurately. Where Shop Drawings are used, record a cross-reference at the corresponding location on the Contract Drawings. Give particular attention to concealed elements that would be difficult to measure and record at a later date. 1. Mark physical record sets with red erasable pencil. Use other colors to distinguish between variations in separate categories of the work. Digital copies should be similarly noted. 2. Mark new information that is important to the Owner but was not shown on Contract Drawings or Shop Drawings. 3. Note related change -order numbers where applicable. 4. Organize record drawing sheets into manageable sets. Bind sets with durable -paper cover sheets; print suitable titles, dates, and other identification on the cover of each set. Provide digital pdf copies of the same. 5. Preparation of Transparencies: In preparation for certification of Substantial Completion on the last major portion of the work, review completed markup of record drawings with Architect. When authorized, proceed with preparation of a full set of corrected transparencies for Contract Drawings and shop drawings. Incorporate changes and additional information previously marked -up on print sets, by erasing and redrawing where applicable, and by adding details and notations where applicable; refer instances of uncertainty to Architect for determination. Identify and date each updated drawing. CLOSEOUT PROCEDURES 017700 - 3 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 6. A digital pdf copy of the Contract Drawings will be furnished by Architect to Contractor for use in recording changes and additional information. Any printing as required herein is Contractor's responsibility. 7. Review of Transparencies: Prior to forwarding to Architect, submit corrected transparencies to Architect for review and acceptance. Architect will review each transparency for general scope of changes and information recorded thereon, and of the general quality of draftsmanship thereon (erasures and drafting). Transparencies will be returned to Contractor for organizing into a set and for final submittal. 8. Copies, Distribution: At the completion of the Work the Contractor shall forward one set of original marked -up transparencies to Architect for distribution to Owner. Organize transparencies into matching print sets, place set in a durable tube -type drawing container (with end caps), and mark end cap with suitable identification. Option to provide digital pdfs, in lieu of the above shall be agreed upon by all parties in advance of Close- out. C. Record Specifications: Maintain one complete copy of the Project Manual, including addenda. Include with the Project Manual one copy of other written construction documents, such as Change Orders and modifications issued in printed form during construction. 1. Mark these documents to show substantial variations in actual work performed in comparison with the text of the Specifications and modifications. 2. Give particular attention to substitutions and selection of options and information on concealed construction that cannot otherwise be readily discerned later by direct observation. 3. Note related record drawing information and Product Data. 4. Upon completion of the work, submit record Specifications to the Architect for the Owner's records. D. Record Sample Submitted: Immediately prior to the date or dates of Substantial Completion, the Contractor shall meet with the Architect and the Owner's personnel to determine which of the submitted samples that have been maintained during progress of the work are to be transmitted to the Owner for record purposes. Comply with the Owner's instructions regarding packaging, identification marking and delivery to the Owner's designated storage area. Return samples to manufacturers where possible and recycle/dispose of other samples in a manner specified for disposal of surplus and waste materials, unless otherwise indicated by the Architect. E. Miscellaneous Record Submittals: Refer to other Specification Sections for requirements of miscellaneous record keeping and submittals in connection with actual performance of the work. Immediately prior to the date or dates of Substantial Completion, complete miscellaneous records, and place in good order. Identify miscellaneous records properly and bind or file, ready for continued use and reference. Submit to the Architect for the Owner's records. F. Maintenance Manuals: Organize operation and maintenance data into suitable sets of manageable size. Bind properly indexed data in individual, heavy-duty, 2- inch, 3-ring, vinyl -covered binders, with pocket folders for folded sheet information. Mark appropriate identification on front and spine of each binder. CLOSEOUT PROCEDURES 017700 - 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 Provide binders to Owner for record. Provide digital pdf set of binders to Owner and Architect/Engineer. Include the following types of information: 1. Emergency instructions. 2. Spare parts list. 3. Copies of warranties. 4. Wiring diagrams. 5. Recommended "turn -around" cycles. 6. Inspection procedures. 7. Shop Drawings and Product Data. 8. Fixture lamping schedule. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 CLOSEOUT PROCEDURES A. Operation and Maintenance Instructions: Arrange for each Installer of equipment that requires regular maintenance to meet with the Owner's personnel to provide instruction in proper operation and maintenance. Provide instruction by manufacturer's representatives if installers are not experienced in operation and maintenance procedures. Include a detailed review of the following items: 1. Maintenance manuals. 2. Record documents. 3. Spare parts and materials. 4. Tools. 5. Lubricants. 6. Fuels. 7. Identification systems. 8. Control sequences. 9. Hazards. 10. Cleaning. 11. Warranties and bonds. 12. Maintenance agreements and similar continuing commitments. B. As part of instruction for operating equipment, demonstrate the following procedures: 1. Startup. 2. Shutdown. 3. Emergency operations. 4. Noise and vibration adjustments. 5. Safety procedures. 6. Economy and efficiency adjustments. 7. Effective energy utilization. 3.2 FINAL CLEANING A. General: The General Conditions require general cleaning during construction. Regular site cleaning is included in Division 1, Section 01500 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS. CLOSEOUT PROCEDURES 017700 - 5 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to the condition expected in a normal, commercial building cleaning and maintenance program. Comply with manufacturers' instructions. 1. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion. a. Remove labels that are not permanent labels. b. Clean transparent materials, including mirrors and glass in doors and windows. Remove glazing compounds and other substances that are noticeable vision -obscuring materials. Replace chipped or broken glass and other damaged transparent materials. C. Clean exposed exterior and interior hard -surfaced finishes to a dust -free condition, free of stains, films, and similar foreign substances. Restore reflective surfaces to their original condition. Except as otherwise indicated, avoid disturbance of natural weathering of exterior surfaces. Leave concrete floors broom clean. Vacuum carpeted surfaces. d. Wipe surfaces of mechanical and electrical equipment. Remove excess lubrication and other substances. Clean plumbing fixtures to a sanitary condition. Clean light fixtures and lamps. e. Clean the site, including landscape development areas, of rubbish, litter, and other foreign substances. Sweep paved areas broom clean; remove stains, spills, and other foreign deposits. Rake grounds that are neither paved nor planted to a smooth, even -textured surface. f. Remove debris and surface dust from limited access spaces including roofs, plenums, shafts, trenches, equipment vaults, manholes, attics and similar spaces. C. Pest Control: Engage an experienced, licensed exterminator to make a final inspection and rid the Project of rodents, insects, and other pests. Submit report (letter) of compliance from exterminator. D. Removal of Protection: Remove temporary protection and facilities installed for protection of the work during construction, where applicable. E. Compliance: Comply with regulations of authorities having jurisdiction and safety standards for cleaning. Do not burn waste materials. Do not bury debris or excess materials on the Owner's property. Do not discharge volatile, harmful, or dangerous materials into drainage systems. Remove waste materials from the site and dispose of in a lawful manner. 1. Where extra materials of value remain after completion of associated work, they become the Owner's property. Dispose of these materials as directed by the Owner. END OF SECTION 017700 CLOSEOUT PROCEDURES 017700 - 6 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT ITEM G-101 EXISTING CONDITION INFORMATION DESCRIPTION 101-1.1 The Contract Documents with their referenced attachments are part of the procurement and contracting requirements for the Project. They provide the Owner's information for Bidders' convenience and are intended to supplement rather than serve in lieu of the Bidders' own investigations. They are made available for the Bidders' convenience and information but are not a warranty of existing conditions. 101-1.2 Existing drawings that include information on existing conditions including previous construction at Project site are not available. 101-1.3 Existing specifications and submittals that include information on existing conditions including previous construction are not available. 101-1.4 Existing condition of structural supports and accessories which are not visible to the naked eye, are unknown and must be field verified by the awarded Contractor. If any structure is deemed unsuitable, the Contractor will submit a proposal to have a Structural Engineer who holds a valid licensed in the State of Texas, design, provide calculations, procure permits (as required) and sign and seal for appropriate structural support of signage. Contractor to confirm that the signage designed for this project can be safely supported and comply with local code requirements. END OF SECTION G-101 Item G-101 Existing Condition Information 1 of 2 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT INTENTIONALLY LEFT BLANK 2231874.003 Item G-101 Existing Condition Information 2 of 2 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT ITEM G-103 PROJECT COORDINATION GENERAL 2231874.003 103-1.1 Summary. This item includes the minimum administrative and supervisory requirements necessary for coordination of work on the project including but not limited to the following: a. Administrative and supervisory personnel. b. Expediting of Project materials. C. Limitations for use of site. d. Safety and security of site. e. General installation provisions. f. Cleaning and protection. g. Coordination of Work of each Subcontract by Contractor. Coordinate scheduling, submittals, and work of the various requirements of the Contract Documents (plans, Project Manual, technical specifications, referenced information and standards, appendices, and addenda) to ensure efficient and orderly sequence of installation of construction elements, with provisions for accommodating items to be installed later. Prepare a written memorandum of required coordination activities. Include such items as required notices, site regulations, permits, approvals, submittals, schedules, reports and attendance at meeting. Distribute this memorandum to each entity performing work at the Project Site. Furnish a copy to the RPR. Prepare similar memorandum for separate contractors where interfacing of their work is required. Coordinate sequence of Work to accommodate Owner occupancy. 103-1.2 Other Projects. The Owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract. When separate contracts are let within the limits of any one project, each Contractor must conduct the work not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project must cooperate with each other as directed. Each Contractor involved must assume all liability, financial or otherwise, in connection with their own contract and must protect and hold harmless the Owner and Owner's representatives from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced because of the presence and operations of other Contractors working within the limits of the same project. The Contractor must arrange their work to not interfere with the operations of the other Contractors within the limits of the same project. The Contractor must join their work with that of the others in an acceptable manner and must perform it in proper sequence to that of the others. 103-1.3 Contract Documents Directives. The Contractor is hereby made aware that the notes within the Contract Documents are written for the Contractor's action. It is understood that the requirements of the Item G-103 Project Coordination 1 of 6 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT Contract Documents are meant as required actions of the Contractor unless explicitly noted as the required action of another individual. 103-1.4 Administrative / Supervisory Personnel. The Contractor must furnish a competent and adequate staff as necessary for the proper administration, coordination, supervision, and superintendence of the Work; organize the procurement of all materials and equipment so that they will be available at the time they are needed for the Work; and keep an adequate force of skilled workmen on the job to complete the Work in the best and most sound manner in accordance with all requirements of the Contract Documents and in the most expeditious and economical manner consistent with the interests of the Owner. The Contractor must identify in writing a Project Superintendent who will have full responsibility for the prosecution of the Work, with full authority to act in all matters as necessary for the proper coordination, direction and technical administration of the Work. In addition, the Contractor must identify in writing its Project management staff, including but not limited to supervisory staff, shift leaders, etc. Project management staff must be satisfactory to the Owner based upon credentials to be submitted by Contractor. Project management staff must be changed at the request of the Owner for cause and must not be changed except with the consent of the Owner. All communications to the Project Superintendent(s) will be as binding as if given to the Contractor. The Contractor must so designate enough representatives to ensure representation on the site at all times when Work is being performed. The Contractor must always enforce strict discipline and good order among its employees and must not employ in the performance of any portion of the work any unfit person or anyone not skilled in the task assigned to said person. Project Superintendent. Provide a full-time Project Superintendent experienced in administration and supervision of similar construction. The Project Superintendent must be authorized to act as general coordinator of interfaces between units of work. For this provision, "interface" is defined to include scheduling and sequencing of work, sharing of access to workspaces, installations, protection of each other's work, cutting and patching, tolerances, cleaning, preparation of coordination drawings, inspection, tests, and temporary facilities and services. 103-1.5 Meetings. In addition to progress meetings specified in Section G-104, Project Meetings, hold weekly general Project coordination meetings at regularly scheduled times convenient for all parties involved. These meetings are in addition to specific meetings held for other purposes, such as regular project meetings and special pre -installation meetings. Request representation at each meeting by every party currently involved in coordination or planning for the Work of the entire project. Conduct meetings in a manner which will resolve coordination problems. Record results of the meeting and distribute copies to everyone in attendance and to others affected by decisions or actions resulting from each meeting. 103-1.6 Coordination of Submittals. Schedule and coordinate submittals specified in Section G-106, Submittals. Coordinate work of various sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment. Coordinate requests for substitutions to assure compatibility of space, of operating elements, and effect on work of other sections. Item G-103 Project Coordination 2 of 6 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT 103-1.7 Coordination of Drawings. Prepare coordination drawings where work by separate entities requires fabrication off -site of products and materials which must accurately interface. Coordination drawings must indicate how work shown by separate shop drawings will interface and must indicate sequence for installation. Comply with all requirements of Section G-106, Submittals. 103-1.8 Coordination of Contract Closeout. Coordinate completion and cleanup of work of separate sections in preparation for Substantial Completion. After Owner occupancy of premises, coordinate access to site by various sections for corrections of defective work and work not in accordance with Contract Documents, to minimize disruption of Owner's activities. Assemble and coordinate closeout submittals specified in Section G-112, Project Closeout. 103-1.9 Means and Methods. Neither the Owner, Architect/Engineer nor RPR will participate in any way in the administration or supervision of the Work. The means, methods, techniques, sequences, procedures and safety measures utilized in the performance of the Work are the sole responsibility of the Contractor. Any means, method, techniques, sequence or procedure set forth in the Contract Documents is solely to specify the desired end product; and if the means, method, technique, sequence or procedure will not result in the desired end product or is unsafe or illegal, it is the Contractor's responsibility to select an appropriate means, method, technique, sequence or procedure. Nothing in the Owner's, Architect/Engineer's or RPR's review of the general quality and progress of the Work (in accordance with Design Intent), including acceptance (review) of submittals and Work, will be construed as the assumption of authority or supervision over the performance of the Work. EXECUTION 103-2.1 Responsibilities. The following requirements are minimum responsibilities of the Contractor and are not to be construed as setting limits on the Contractor's responsibilities: a. Establish lines of authority and communication for the Project. Schedule and conduct meetings among the Owner, Architect/Engineer, RPR, and Contractor for the proper and timely completion of the Work. Meetings to be held on a scheduled basis. b. Coordinate work of all Subcontractors and material suppliers; this includes but is not limited to shop drawing coordination and timely submittals, expediting of materials, deliveries and hoisting, and coordination of all field work. C. Attend a pre -construction conference. d. Construction Schedules: Prepare, monitor and update detailed schedules of the Work for the Project. Monitor schedules as Work progresses, identifying potential variances between scheduled completion dates, make any adjustments in field work plan and schedule necessary to meet required completion dates, provide monthly summary reports of each monitoring and document all changes in schedule. Observe Work to monitor compliance with schedule. Verify that labor and equipment are adequate to meet and maintain the Schedule for the Work. Verify that product deliveries are adequate to meet and maintain the schedule for the Work including but not limited to timely visits to manufacturing and fabrication facilities. Report any noncompliance to Architect/Engineer and/or RPR with recommendations for remedy. Ensure that adequate services are Item G-103 Project Coordination 3 of 6 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 provided to comply with requirements for Work and climatic conditions. Ensure proper maintenance and operation of temporary facilities. e. Changes: Recommend necessary or desirable changes to the Owner, Architect/Engineer and RPR. Assemble and submit the change proposals in a timely fashion to prevent delays in the Work. Analyze Subcontractor's and Suppliers' requests for changes and submit with recommendations. Submit complete back-up information with all Change Proposals including but not limited to quantity and cost of materials to be purchased, labor hours by trade to be expended, subcontractor overhead and profit. f. Permits and Fees: Ensure that all the proper permits are obtained, and inspections made. Verify that subcontractors have obtained permits for inspections. g. Inspections and Testing: Inspect Work to assure that it is performed in accordance with requirements of the Contract Documents. Arrange with the Architect/Engineer/RPR and Owner for special inspections for testing when required. Correct Work which does not conform to requirements of the Contract Documents. 1. Installer's Inspection of Conditions: Require the installer of each major unit of work to inspect the substrate to receive work and conditions under which the work is to be performed. The Installer must report all unsatisfactory conditions in writing to the Contractor. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner acceptable to the Installer. 2. Manufacturer's Instructions: Where installations include manufactured products, comply with the manufacturer's applicable instructions and recommendations for installation, to the extent that these instructions and recommendations are more explicit or more stringent that requirements indicated in the Contract Documents. 3. Inspect each item of materials or equipment immediately prior to installation. Reject damaged and defective items. 4. Provide attachment and connection devices and methods for securing work. Secure work true to line and level, and within recognized industry tolerances. Allow for expansion and building movement. Provide uniform joint width in exposed work. Arrange joints in exposed work to obtain the best visual effect. Refer questionable visual effect choices to the RPR for final decision. 5. Recheck measurements and dimensions of the Work as an integral step of starting each installation. 6. Install each unit of Work during weather conditions and Project status which will ensure the best possible results in coordination with the entire Work. Isolate each unit of work from incompatible work as necessary to prevent deterioration. 7. Coordinate enclosure of the Work with required inspections and tests, so as to minimize the necessity of uncovering work for that purpose. h. Limiting Exposure of Work: To the extent possible through reasonable control and protection methods, supervise performance of the Work in such a manner and by such means which will ensure that none of the Work, whether completed or in progress, will be Item G-103 Project Coordination 4 of 6 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 subjected to harmful, dangerous, damaging or otherwise deleterious exposure during the construction period. Such exposure includes, where applicable, but not by way of limitation the following: Replace and/or repair to like new condition, at no cost to Owner, all materials suffering from deleterious effects of the conditions described above Coordinate testing laboratory services for both testing required by the Contract Documents and those ordered additionally by the Arch itect/Engineer/RPR and Owner. Notify laboratory of test schedules. Verify that required personnel are present, that specified tasks are made as scheduled, and compliance of test results with specified criteria. Determine need for testing and submit recommendations to Arch itect/Engineer/RPR. Administer and cooperate with testing service; assist as may be required, in the performance of the required testing. Provide casual labor, storage and access (scaffolding, ladders, etc.) to testing laboratory as required. Promptly submit test results to the Architect/Engineer/RPR when received. j. Coordinate with Separate Contractors: Separate Contractors must be afforded access to the entire site for the purpose of installing their Work. Provide general requirements services in accordance with the contract for Construction. Coordinate Contractor's Work with Separate Contractor's Work to ensure best, most economical completion of the total Project. Participate in coordination meetings with Separate Contractors, Owner, Arch itect/Engineer/RPR or other design consultants as required. k. Interpretation of Contract Documents: Consult with Arch itect/Engineer/RPR to obtain interpretation or clarification for any portions of Technical Specifications or plans which may be unclear or ambiguous. Suggest resolutions if appropriate. Assist in answering of questions which may arise and transmit written interpretation to interested parties. I. Coordinate, review, administer, and process shop drawings, product data and samples between Subcontractors, material suppliers, and RPR in accordance with Section G-106, Submittals. M. Owner -Furnished Products for Installation by Contractor: Accept delivery; assume responsibility for handling, storage, protection and security for Owner -furnished products listed in the Contract Documents, if any. n. Assume full charge of the entire building premises and site for the storage of materials allotting space between Subcontractors for the various materials in such a manner as will facilitate the Work, avoid overloading the structure being constructed on the Site, and maintain order and good and safe housekeeping within said building and on the Site. Assume responsibility for the proper care and protection against damage and theft of all materials, equipment and tools delivered, and of materials, equipment, and tools in Contractor's custody whether on or off the site, and whether or not title was passed to Owner. Schedule and coordinate the unloading, hoisting and storage of materials and access and hoisting of labor for Separate Contractors. o. Maintain Contact Documents at the Site: For Arch itect/Engineer/RPR's and Owner's use, maintain in good order one copy of all Drawings, Specifications, Addenda, approved shop drawings, Change Orders, and other modifications. Marked copy to record all field changes Item G-103 Project Coordination 5 of 6 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 made during construction. These documents must be available to the Arch itect/Engineer/RPR and Owner as required for their use and reference. 1. Prepare, maintain, and submit daily log of Progress of the Work including description of Work performed, weather conditions, number of workmen by trade, visitors, City / State inspections and other significant information. 2. Upon completion of the Work in total, coordinate record documents with the RPR to provide a full and comprehensive set of record prints and reproducible tracings indicating all changes for the Owner's use. Refer to Section G-112, Project Closeout, for additional requirements. P. Maintain Reports and Records at Job Site: Daily log of progress of Work and other pertinent data shall be made accessible for Architect/Engineer/RPR. Maintain the following records: Contracts, purchases, materials and equipment records, including record of Owner - furnished products, applicable handbooks, codes and standards, and such additional records as may be properly required. Obtain information from Subcontractors and maintain similar record documents. At Substantial Completion of Project, deliver copies of all records to owner for Owner's records. q. Daily Field Reports: Daily reports must be issued to record a chronological, day-to-day account of the work force, the respective activities performed, the weather conditions, and any specific events that take place on the Project. Daily reports will not be used as a communication tool. Any situations requiring specific action must be brought to the attention of the appropriate party by means of written correspondence, memoranda, or meeting minutes. Photographs must be used with daily reports to clarify or confirm statements and concerns. Provide copies of daily reports to the Arch itect/Engineer/RPR at weekly progress meetings. Include the following information in daily reports: Date; Weather, temperature, wind, precipitation; Number of workers on site by subcontractor and trade; Material and equipment deliveries; Construction quantities placed; General description of the work accomplished; Specific problems encountered; Meetings held; List of visitors to site and their companies; Construction photographs; any other pertinent data. r. Ensure that Project is kept clean during progress of Work and at completion of Contract METHOD OF MEASUREMENT 103-3.1 No direct measurement will be made for the items of this specification. BASIS OF PAYMENT 103-4.1 No direct payment will be made for the items of this specification. Costs will be considered subsidiary to the various bid items of the project. END OF ITEM G-103 Item G-103 Project Coordination 6 of 6 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT ITEM G-104 PROJECT MEETINGS DESCRIPTION 2231874.003 1.1 This item specifies administrative and procedural requirements for project meetings including but not limited to: a. Pre -Construction Conference. 1. The Architect/Engineer/RPR will schedule a pre -construction conference and organizational meeting, at a time convenient to the Owner and the Contractor, at the Project site or other convenient location after notification of execution of the Agreement and prior to commencement of construction activities. The meeting will be conducted to review responsibilities and personnel assignments. The meeting will be held within ten (10) calendar days of the Contractor's executed contract date. 2. Attendees: The Owner, Architect/Engineer/RPR and their consultants, the Contractor and its superintendent, major subcontractors, manufacturers, suppliers and other concerned parties must each be represented at the conference by persons familiar with and authorized to conclude matters relating to the Work. 3. Agenda: Discuss items of significance that could affect progress including such topics as: tentative construction schedule; critical work sequencing and phasing requirements; designation of responsible personnel; procedures for processing field decisions and change orders; procedures for processing applications for payment; distribution of contract documents; submittal of shop drawings, product data and samples; general correspondence requirements; preparation of record documents; use of the premises; owner's requirements; parking availability; office, work and storage areas; equipment deliveries and priorities; temporary utilities; temporary facilities; safety procedures; first aid; security; housekeeping; and working hours. b. Special Coordination Meetings. 1. The Arch itect/Engineer/RPR will conduct Special Coordination Meetings as needed. These meetings are intended to facilitate the needs of specific project coordination items (i.e. utility installations / connections with utility owners). 2. Attendees: In addition to the Owner and Arch itect/E ng i neer/RP R, each subcontractor, supplier or other entity concerned with the scope of the Special Coordination Meetings must be represented at these meetings. C. Weekly Progress Meetings. 1. The Arch itect/Engineer/RPR will conduct weekly Project Progress Meetings at regularly scheduled times convenient for all parties involved. Project coordination meetings are in addition to specific meetings held for other purposes, such as Item G-104 Project Meetings 1 of 3 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 regular progress meetings and special pre -installation meetings. Meetings will take place from the "Notice to Proceed" through the completion of the punch list. 2. Attendees: In addition to the Owner and Architect/Engineer/RPR, each subcontractor, supplier or other entity concerned with current progress or involved in planning, coordination or performance of future activities must be represented at these meetings by persons familiar with the Project and authorized to conclude matters relating to progress. 3. Agenda: Review and correct or approve minutes of the previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to the current status of the Project. a. Contractor's Construction Schedule: Review progress since the last meeting. Determine where each activity is in relation to the Contractor's Construction Schedule, whether on time or ahead or behind schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. Revise the construction schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue the revised schedule concurrently with the report of each meeting. d. In addition to the Weekly Contractor Progress Meetings, the Contractor must conduct a weekly Safety Meeting for all Contractor personnel. These meetings must be open to the Owner, Architect/Engineer/RPR, and any other governing authority that would like to attend. These meetings must be conducted bilingually in English and Spanish if any Spanish-speaking employees are working on the Project. e. Pre -Final Inspection: Before the Architect/Engineer/RPR recommends the issuance of a Certificate of Completion, the Contractor must attend one (1) pre -final inspection with the Owner, the Arch itect/Engineer/RPR, and other authorities to determine if construction work has been completed in general conformance with the Construction Documents. The Arch itect/Engineer/RPR will prepare a punchlist of visually non -conforming items and un- completed items of work for the Contractor to complete prior to final acceptance. f. Final Inspection: The Contractor must attend one (1) Final Inspection with the Owner, the Arch itect/E ng i neer/RP R, and other authorities to determine if the punchlist items from the pre -final inspection have been appropriately completed. g. Warranty Inspection: The Contractor must attend one (1) Warranty Inspection with the Owner, the Architect/Engineer/RPR, and other authorities prior to the expiration of the warranty period. The Architect/Engineer/RPR will advise the Contractor of any required action to be taken under the terms of the warranty. METHOD OF MEASUREMENT 2.1 No direct measurement will be made for the items of this specification. Item G-104 Project Meetings 2 of 3 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT BASIS OF PAYMENT 3.1 No direct payment will be made for the items of this specification. Costs will be considered subsidiary to the various bid items of the project. END OF ITEM G-104 Item G-104 Project Meetings 3 of 3 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT ITEM G-106 SUBMITTALS DESCRIPTION 106-1.1 Summary. The Contractor must furnish all labor, materials, tools, equipment, and perform all work and services necessary for or incidental to the furnishing, processing, delivery, reproduction and other necessary functions incidental to scheduling and handling of shop drawings, project data, and samples as indicated on the plans and/or as specified, in accordance with provisions of the Contract Documents, and completely coordinated with work of all trades. Contractor must produce, maintain and regularly supply a current submittal schedule which projects a minimum of two weeks in advance of intended submittal issuance. The schedule must be supplied to the Arch itect/Engineer/RPR for review. A log of a. Although such work is not specifically shown or specified, all supplementary or miscellaneous items, appurtenances, and devices incidental to or necessary for completion of work under this item must be furnished and performed as part of this item. 106-1.2 Submittal, Address. All items must be submitted electronically. The Contractor must submit one electronic copy of the submittal to the Architect/Engineer/RPR contact provided to the Contractor at the pre -Construction conference. 106-1.3 Submittal, General. a. The Contractor must be responsible for and make all submissions. All items must be transmitted electronically and include a Contractor's review stamp. b. Each transmittal will be sequentially numbered starting with No. 1. 1. An item that is resubmitted will retain the original number but with an added suffix starting with A. 2. Only one submittal item should be covered by one submittal transmittal. 3. Sufficient catalog information together with catalog cuts and technical data must be submitted to allow an evaluation to be made to determine whether the item in question is acceptable. C. No submittals will be returned to subcontractors. Submittals transmitted to the Arch itect/Engineer/RPR by anyone other than the Contractor will be returned to the Contractor. d. Submit items sufficiently in advance of date required to allow reasonable time for review, and to allow for resubmission if necessary. Items submitted without Contractor's approval stamp will be returned, without action, for resubmission. Items that are not submitted in accordance with the provisions of this item will be returned, without action, for resubmission. 106-1.4 Submittals, Procedure. Item G-106 Submittals 1 of 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 a. Submit as indicated above. Identify submittals as to manufacturer, item, use, type, project designation, specification section or drawing detail reference, and other pertinent information. b. Submit an electronic copy of each submittal until approval is obtained. C. Contractor must stamp his approval on drawings prior to submission to Arch itect/Engineer/RPR as indication of his checking and verification of dimensions and coordination with interrelated items. d. Submit standard items like equipment brochures, cuts of fixtures, or standard catalog items (reproducible not required). Indicate exact item or model and all proposed options. Include scale details, sizes, dimensions, performance characteristics, capacities, wiring diagrams, controls, installation information, applicable warranty samples and other pertinent data. e. Submit all required items as shown in its respective specification section at one time. Submittals should not be broken up into multiple submittal review packages. Incomplete submittal packages will be returned without action. 106-1.5 Submittals, Approval or Rejection. a. Transmittals returned with Approval are considered ready for fabrication and/or installation. If for any reason an approved transmittal is resubmitted, it must be accompanied by a letter pointing out the changes that have been made and the reason for the re -submittal. It is the Contractor's responsibility to assure that the previously approved documents are destroyed when they are superseded by a re -submittal as such. b. Transmittals with approval combined with Action "Revise and Resubmit" or "Not Approved" will be individually analyzed giving consideration as follows: 1. If the items or system proposed is acceptable and the majority of the major individual components (Drawings or Documents) comply; however, there are some minor items not in compliance. The portion of the transmittal given "Revise and Resubmit" or "Not Approved" will not be distributed (unless previously agreed to otherwise). Copies of the "Revise and Resubmit" or "Not Approved" drawings will be marked up and returned to the Contractor electronically. It is the Contractor's responsibility to ensure that these items are corrected and resubmitted. 2. If the items or system proposed are acceptable; however, a major part of the individual drawings or documents are incomplete or require revision, the entire submittal will be given "Revise and Resubmit" or "Not Approved" action. Again, it is reiterated that this is at the sole discretion of the Architect/Engineer/RPR and some drawings may contain relatively few or no comments for the statement. Resubmit to maintain a complete package. Distribution to the Owner and field will not be made unless previously agreed to otherwise. 3. "Approval" is general and does not permit departure from Contract Documents; relieve Contractor from responsibility for errors in detail, dimensions, field verification, coordination, or related items. Nor does the designation approve departure from previous instructions or details (components, wiring, etc.), required to make item operational or usable. Item G-106 Submittals 2 of 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 4. "Approved as Noted" encompasses the same requirements as an "Approved" designation and includes all additional markings and comments noted on the submittal. Any review markings noted must be incorporated and coordinated. A revised "Record" copy of the submittal which clearly shows that all previously noted comments have been addressed must be supplied to Arch itect/Engineer/RPR and Owner prior to distribution to subcontractors. 5. Manufacture or fabrication of items prior to final approval is at Contractor's own risk. 106-1.6 Required Shop Drawings, Certificate, or Reports. The Contractor must supply all submittals required by the plans and specifications. The Contractor must also supply submittals for any other materials used in the performance of construction operations. METHOD OF MEASUREMENT 106-2.1 No direct measurement will be made for the items of this specification. BASIS OF PAYMENT 106-3.1 No direct payment will be made for the items of this specification. Costs will be considered subsidiary to the various bid items of the project. END OF ITEM G-106 Item G-106 Submittals 3 of 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT INTENTIONALLY LEFT BLANK 2231874.003 Item G-106 Submittals 4 of 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT ITEM G-107 SUBSTITUTION PROCEDURES DESCRIPTION 2231874.003 107-1.1 Summary. This item includes administrative and procedural requirements for substitutions. Substitutions are changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by the Contractor. a. Substitutions for Cause: Changes proposed by Contractor that are required due to changed Project conditions, such as unavailability of product, regulatory changes, or unavailability of required warranty terms. b. Substitutions for Convenience: Changes proposed by Contractor or Owner that are not required in order to meet other Project requirements but may offer advantage to Contractor or Owner. 107-1.2 Substitution Requests. Submit electronic copies of each request for consideration via Request for Information (RFI). Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and plan numbers and titles. a. Documentation: Show compliance with requirements for substitutions and the following, as applicable: 1. Statement indicating why specified product(s) or fabrication, or installation cannot be provided, if applicable. 2. Coordination information, including a list of changes or revisions needed to other parts of the Work and to construction performed by Owner and separate contractors, that will be necessary to accommodate proposed substitution. 3. Detailed comparison of significant qualities of proposed substitution with those of the Work/Product specified. Include annotated copy of applicable Specification Section. Significant qualities may include attributes such as performance, weight, size, durability, visual effect, sustainable design characteristics, warranties, and specific features and requirements indicated. Indicate by highlighting, circling and/or clearly demarcating all deviations, if any, from the Work/Product specified. 4. Product Data, including drawings and descriptions of products and fabrication and installation procedures. 5. Samples, where applicable or requested. 6. Certificates and qualification data, where applicable or requested. 7. List of similar installations for completed projects with project names and addresses and names and addresses of Owners. 8. Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated. 9. Research reports evidencing compliance with building code in effect for Project. Item G-107 Substitution Procedures 1 of 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 10. Detailed comparison of Contractor's construction schedule using proposed substitution with products specified for the Work, including effect on the overall Contract Time. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's letterhead, stating date of receipt of purchase order, lack of availability, or delays in delivery. 11. Cost information, including a proposal of change, if any, in the Contract Sum. 12. Contractor's certification that proposed substitution complies with requirements in the Contract Documents except as indicated in substitution request, is compatible with related materials, and is appropriate for applications indicated. 13. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results. b. Action of Architect/Engineer/RPR: If necessary, the Architect/Engineer/RPR will request additional information or documentation for evaluation within seven (7) days of receipt of a request for substitution. The Arch itect/Engineer/RPR will notify Contractor of acceptance or rejection of proposed substitution within 15 days of receipt of request, or seven (7) days of receipt of additional information or documentation, whichever is later. 1. Forms of Acceptance: Change Order, Construction Change Directive, or Arch itect/Engineer/RPR's Supplemental Instructions for minor changes in the Work. 2. Use product specified if RPR does not issue a decision on use of a proposed substitution within time allocated. 107-1.3 Compatibility of Substitutions. Investigate and document compatibility of proposed substitution with related products and materials. Engage a qualified testing agency to perform compatibility tests recommended by manufacturers. 107-1.4 Coordination. Revise or adjust affected work as necessary to integrate work of the approved substitutions. PRODUCTS 107-2.1 Substitutions. a. Substitutions for Cause: Submit requests for substitution immediately on discovery of need for change, but not later than 15 days prior to time required for preparation and review of related submittals. 1. Conditions: The Arch itect/Engineer/RPR will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, the Arch itect/Engineer/RPR will return requests without action, except to record noncompliance with these requirements: I. Requested substitution is consistent with the Contract Documents and will produce indicated results. Item G-107 Substitution Procedures 2 of 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 III. Substitution request is fully documented and properly submitted. III. Requested substitution will not adversely affect Contractor's construction schedule. iv. Requested substitution has received necessary approvals of authorities having jurisdiction. V. Requested substitution is compatible with other portions of the Work. vi. Requested substitution has been coordinated with other portions of the Work. vii. Requested substitution provides specified warranty. viii. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved. b. Substitutions for Convenience: Not allowed. METHOD OF MEASUREMENT 107-3.1 No direct measurement will be made for the items of this specification. BASIS OF PAYMENT 4.1 No direct payment will be made for the items of this specification. Costs will be considered subsidiary to the various bid items of the project. END OF ITEM G-107 Item G-107 Substitution Procedures 3 of 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT INTENTIONALLY LEFT BLANK 2231874.003 Item G-107 Substitution Procedures 4 of 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT ITEM G-108 MATERIALS AND EQUIPMENT DESCRIPTION 2231874.003 108-1.1 Summary. This item includes administrative and procedural requirements governing the Contractor's selection of products for use in the Project. The Contractor must provide all equipment, products, and materials required to complete the work of the project. This is subsidiary to the various bid items of the project. 108-1.2 Definitions. a. "Products" are items purchased for incorporation in the Work, whether purchased for the Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent. b. "Named Products" are items identified by the manufacturer's product name, including make or model number or other designation, shown or listed in the manufacturer's published product literature that is current as of the date of the Contract Documents. C. "Materials" are products substantially shaped, cut, worked, mixed, finished, refined or otherwise fabricated, processed, or installed to form a part of the Work. d. "Equipment" is a product with operational parts, whether motorized or manually operated, that requires service connections, such as wiring or piping. 108-1.3 Quality Assurance. a. Source Limitations: To the fullest extent possible, provide products of the same kind from a single source. b. Compatibility of Options: When the Contractor is given the option of selecting between two (2) or more products for use on the Project, the product selected must be compatible with products previously selected, even if previously selected products were also options. C. Compatibility of Materials: The Contractor must ensure that all products selected for use on the Project are compatible with other products selected for use on the Project. 108-1.4 Product Delivery, Storage, and Handling. Deliver, store, and handle products according to the manufacturer's recommendations, using means and methods that will prevent damage, deterioration, and loss, including theft. Schedule delivery to minimize long-term storage at the site and to prevent overcrowding of construction spaces. Coordinate delivery with installation time to assure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses. Deliver products to the site in an undamaged condition in the manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. Item G-108 Materials and Equipment 1 of 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 Inspect products upon delivery to ensure compliance with the Contract Documents and to ensure that products are undamaged and properly protected. Store products at the site in a manner that will facilitate inspection and measurement of quantity or counting of units. Store heavy materials away from the Project structure in a manner that will not endanger the supporting construction. Store products subject to damage by the elements above ground, under cover in a weathertight enclosure, with ventilation adequate to prevent condensation. Maintain temperature and humidity within range required by manufacturer's instructions. PRODUCTS 108-2.1 Product Selection. a. General Product Requirements: Provide products that comply with the Contract Documents, that are undamaged and, unless otherwise indicated, new at the time of installation. 1. Provide products complete with accessories, trim, finish, safety guards, and other devices and details needed for a complete installation and the intended use and effect. 2. Standard Products: Where available, provide standard products of types that have been produced and used successfully in similar situations on other projects. b. Product Selection Procedures: The Contract Documents and governing regulations govern product selection. Procedures governing product selection include the following: 1. Semi -proprietary Requirements: Where specifications or plans name two (2) or more products by certain brand, make, or manufacturer, provide one (1) of the products indicated. Wherever in a particular specification or plan sheet the name of a certain brand, make, manufacturer, or definite product specification is utilized, accompanied by the term "or equal" or "or approved equal," it is only to denote the quality standard of the product desired and in no way will the Bidder be restricted to the specific brand, make, manufacturer, or specification named. They are used only to set forth and convey to prospective Bidders the general style, type, character, and quality of products desired; prior approved equivalent products will be acceptable. 2. Nonproprietary Specifications: When specifications or plans list products or manufacturers that are available and may be incorporated in the Work, but do not restrict the Contractor to use of these products only, the Contractor may propose any available product that complies with Contract requirements. Comply with Contract Document provisions concerning "substitutions" to obtain approval for use of an unnamed product. Item G-108 Materials and Equipment 2 of 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 3. Descriptive Specification Requirements: Where specifications or plans describe a product or assembly, listing exact characteristics required, with or without use of a brand or trade name, provide a product or assembly that provides the characteristics and otherwise complies with Contract requirements. 4. Performance Specification Requirements: Where specifications or plans require compliance with performance requirements, provide products that comply with these requirements and are recommended by the manufacturer for the application indicated. Manufacturer's recommendations may be contained in published product literature or by the manufacturer's certification of performance. 5. Compliance with Standards, Codes, and Regulations: Where specifications or plans only require compliance with an imposed code, standard, or regulation, select a product that complies with the standards, codes, or regulations specified. Any reference to standards (such as ASTM, ANSI, ACI, etc.) where the date is not specified refers to the latest edition of such standards published prior to the date of the Contract Documents. Where such a reference is made, the applicable standard is hereby made a part of the specifications or plans which refers to it to the same extent as if it was written out in that specification or plan sheet in full. 6. Visual Matching: Where specifications or plans require matching an established Sample, the Owner's decision will be final on whether a proposed product matches satisfactorily. 7. Visual Selection: Where specified product requirements include the phrase "... as selected from manufacturer's standard colors, patterns, textures ..." or a similar phrase, select a product and manufacturer that complies with other specified requirements. The Architect/Engineer/RPR will select the color, pattern, and texture from the product line selected. C. Product Substitutions. 1. Substitution Requests: Substitutions are only allowed by approval prior to Bid Date as stipulated in the Instructions to Bidders. Submit a separate request to the Arch itect/Engineer/RPR for each product, supported with complete data, with drawings and samples as appropriate, including the following items: Comparison of the qualities of the proposed substitutions with that specified. ii. Changes required in other elements of the Work because of the substitution. 2. Contractor's Requests: A request for a product substitution will constitute a representation that the Contractor: I. Has investigated the proposed product and determined that it is equal to or superior in all respects to that specified. Item G-108 Materials and Equipment 3 of 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 ill. Will provide the same warranties for the substitution as for the Products specified. iii. Will coordinate the installation of an accepted substitution into the Work and make such other changes as may be required to make the Work complete in all respects. iv. Waives all claims for additional costs, under his responsibility, which may subsequently become apparent. EXECUTION 108-3.1 Installation of Products. a. Comply with manufacturer's instructions and recommendations for installation of products in the applications indicated. Anchor each product securely in place, accurately located and aligned with other Work. 1. Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion. METHOD OF MEASUREMENT 108-4.1 No direct measurement will be made for the items of this specification. BASIS OF PAYMENT 108-5.1 No direct payment will be made for the items of this specification. Costs will be considered subsidiary to the various bid items of the project. END OF ITEM G-108 Item G-108 Materials and Equipment 4 of 4 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT ITEM G-109 INCLEMENT WEATHER DELAYS DESCRIPTION 109-1.1 The Contractor must anticipate the number of workdays below lost due to inclement weather in determining his / her contract schedule. Extension of contract time due to inclement weather will be considered in accordance with FAA General Provision 80-07, Determination and Extension of Contract Time. No extension of time will be considered until the anticipated number of inclement weather days has been exceeded and the Arch itect/Engineer/RPR has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. Excerpted from FAA General Provision 80- 07: "Requests for extension of time, caused by inclement weather, shall be supported with National Weather Bureau data showing the actual amount of inclement weather exceeded what 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 supporting documentation justify the work was delayed because of conditions beyond the control and without the fault of the Contractor, the Owner may extend the time for completion by a change order that adjusts the contract time or completion date. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion." INCLEMENT WEATHER DELAY CALCULATION 109-2.1 For each inclement weather delay accepted by the Arch itect/Engineer/RPR, the actual number accepted inclement weather days will be compared to the monthly average. Any month which has less than the specified average will carry over the difference to the following month. Any month which has more than the specified average will be considered as an "Abnormal Inclement Weather Delay". At the end of the project the Total Abnormal Inclement Weather Delays will be calculated by subtracting the Total Average Inclement Weather Delays by the Total Actual Inclement Weather Delays Accepted. The difference between the two values will correspond to the number of "Abnormal Inclement Weather Delays". Total Abnormal Inclement Weather Delays which result in a number less than the Total Average Inclement Weather Delays will not alter the total contract time. Contract Time Extensions for Inclement weather Delays may only be requested when the Total number of Abnormal Inclement Weather Delays exceeds the Total Average Inclement Weather Delays. Total Average Inclement Weather Delays - Total Actual Inclement Weather Delays Accepted = X Abnormal Inclement Weather Delays X Abnormal Inclement Weather Delays > Total Average Inclement Weather Delays = X Addition Days to Contract Time X Abnormal Inclement Weather Delays < Total Average Inclement Weather Delays = 0 Addition Days to Contract Time Item G-109 Inclement Weather Delays 1 of 2 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT METHOD OF MEASUREMENT 109-3.1 No direct measurement will be made for the items of this specification. BASIS OF PAYMENT 109-4.1 In accordance with FAA General Provision 80-06, Temporary Suspension of the Work, the Contractor is not entitled to compensation for delays due to inclement weather. No direct payment will be made for Inclement Weather Delays. END OF ITEM G-109 Item G-109 Inclement Weather Delays 2 of 2 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT ITEM G-112 PROJECT CLOSEOUT 2231874.003 DESCRIPTION 112-1.1 Summary. This item specifies administrative and procedural requirements for project closeout, including but not limited to: a. Contractor's certifications relative to claimed status. b. Inspection procedures. C. Project record document submittal. d. Operating and maintenance manual submittal. e. Submittal of warranties. f. Final clean up. Closeout requirements for specific construction activities are included in the appropriate specification section related to that activity. 112-1.2 Substantial Completion. a. Preliminary Procedures: Before requesting inspection for certification of Substantial Completion, complete the following: 1. In the Application for Payment that coincides with, or first follows, the date Substantial Completion is claimed, show 100 percent completion for the portion of the Work claimed as substantially complete. L Include supporting documents for completion as indicated in these Contract Documents and a statement showing an accounting of changes to the Contract Sum. ii. If 100 percent completion cannot be shown, include a list of incomplete items, the value of incomplete construction, and reasons the Work is not complete. 2. Submit specific warranties, maintenance agreements, final certifications and similar documents. 3. Advise Owner of pending insurance change -over requirements. 4. Submit record drawings, maintenance manuals, damage or settlement surveys, and similar final record information. 5. Complete final clean-up requirements. 6. Touch-up and otherwise repair and restore marred exposed finishes. b. Inspection Procedures: On receipt of a written request for inspection complete with associated copy of Contractor's Certification of Substantial Completion, the Item G-112 Project Closeout 1 of 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 Arch itect/Engineer/RPR will either proceed with inspection or advise the Contractor of unfilled requirements. The Arch itect/Engineer/RPR will prepare the Certificate of Substantial Completion following inspection or advise the Contractor in writing of construction that must be completed or corrected before the certificate will be issued. 1. Should the Architect/Engineer/RPR be required to perform any re -inspections due to failure of the Work to comply with the claims of status of completion made by the Contractor, the Contractor will compensate the Owner for such additional services. The Owner will deduct the amount of such compensation from the final payment to the Contractor. C. Results of the completed inspection will form the basis of requirements for final acceptance. 112-1.3 Final Acceptance. a. Preliminary Procedures: Before requesting final inspection for certification of final acceptance and final payment, complete the following. List exceptions in the request. 1. Submit the final payment request with releases and supporting documentation not previously submitted and accepted. 2. Submit an updated final statement, accounting for final additional changes to the Contract Sum. 3. Submit a certified copy of the Architect/Engineer/RPR's final inspection list of items to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance, and the list has been endorsed and dated by the Architect/Engineer/RPR. 4. Submit consent of surety to final payment. 5. Submit a final liquidated damages settlement statement. b. Inspection Procedure: On receipt of a written request for inspection for Final Acceptance, complete with associated copy of Contractor's Certification of Completion for Final Acceptance, the Arch itect/Engineer/RPR will either proceed with inspection or advise the Contractor of unfilled requirements. The Architect/Engineer/RPR will reinspect the Work upon receipt of notice that the Work, including listed items from Substantial Completion inspection, has been completed, except items whose completion has been delayed because of circumstances acceptable to the Arch itect/Engineer/RPR. 1. Upon completion of inspection, the Arch itect/Eng i neer/R PR will prepare a certificate of final acceptance, or advice the Contractor of Work that is incomplete or of obligations that have not been fulfilled but are required for final acceptance. 2. If the Arch itect/Eng ineer/RPR does not find the work acceptable under the Contract Documents, the Architect/Engineer/RPR will make one additional inspection. 3. Should Architect/Engineer/RPR be required to perform any reinspection due to failure of the Work to comply with claims of status of completion made by the Contractor after the above reinspection, the Contractor will compensate the Owner Item G-112 Project Closeout 2 of 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 for such additional services. The Owner will deduct the amount of such compensation from the final payment to the Contractor. C. Maintenance Manuals: Organize operating and maintenance data into suitable sets of manageable size. Bind properly indexed data in individual heavy-duty 2-inch, 3-ring vinyl - covered binders, with pocket folders for folded sheet information. Mark appropriate identification on front and spine of each binder. Include the following types of information: 1. Shop Drawings and Product Data. EXECUTION 112-2.1 For equipment items not specified to receive specialized training sessions as enumerated by the specifications, arrange for each installer of equipment that requires regular maintenance to meet with the Owner's personnel to provide instruction in proper start-up, operation, and maintenance. If installers are not experienced in procedures, provide instruction by manufacturer's authorized representatives. Include a detailed review of the following items. a. Maintenance manuals. b. Record documents. C. Identification systems. d. Control sequences. e. Hazards. f. Cleaning. g. Warranties and bonds. h. Maintenance agreements and similar continuing commitments. METHOD OF MEASUREMENT 112-3.1 No direct measurement will be made for the items of this specification. BASIS OF PAYMENT 112-4.1 No direct payment will be made for the items of this specification. Costs will be considered subsidiary to the various bid items of the project. END OF ITEM G-112 Item G-112 Project Closeout 3 of 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT INTENTIONALLY LEFT BLANK 2231874.003 Item G-112 Project Closeout 4 of 4 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT ITEM G-201 SAFETY AND SECURITY GENERAL 201-1.1 Scope of Work. a. General. The provisions of this specification and associated procedures are applicable within the boundaries of the Airport only. This work consists of complying with the provisions of this specification, the Construction Safety and Phasing Plan (CSPP), and other safety and security requirements of the contract documents. A complete understanding of all safety and security procedures and requirements contained in the contract documents is required to ensure safety during construction. The CSPP is a part of this contract and deviations from the requirements established herein will be sufficient cause for contract termination. The CSPP can be found as an attachment to the Project Manual. b. Standards and Regulations: Required reference material associated with this specification and CSPP includes the current versions of the following documents: 1. FAA AC 15015370-2, Operational Safety on Airports During Construction, current edition, latest change. 2. FAA AC 15015210-5, Painting, Marking and Lighting of Vehicles Used on an Airport, current edition, latest change. 3. FAA AC 15015340-1, Standards for Airport Markings, current edition, latest change. C. Copies of these documents are available for download at www.faa.gov. 201-1.2 Contractor Safety and Security Officer (CSSO). a. The Contractor must appoint its onsite construction superintendent or other qualified individual(s) as its duly authorized representative to serve as Contractor Safety and Security Officer (CSSO) for the duration of the project. The CSSO must thoroughly understand the safety and security requirements of the project, the necessity for them and must have sufficient authority to implement its provisions without significant deviation. The Contractor must notify the Arch itect/Engineer/RPR in writing of the name of the individual(s) selected for the assignment. The CSSO must represent the Contractor on safety and security requirements compliance. The CSSO must be especially knowledgeable regarding the requirements of FAA AC 15015370-2. b. Responsibilities of the CSSO: Prior to the desired date for commencement of any work on the project, the CSSO must accomplish the following: 1. Develop and submit in writing a detailed work sequence schedule with dates and times specified for all milestone events. This sequence schedule is subject to the approval of the Arch itect/Engineer/RPR. To assure adequate time for coordination, Item G-201 Safety and Security 1 of 11 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 this document must be submitted no later than the date of the pre -construction conference. 2. Develop and submit in writing a Safety Plan Compliance Document (SPCD). See the Contract Documents for requirements and guidelines regarding the SPCD. The SPCD must, as a minimum, be a detailed outline of the procedures to be followed showing how the Contractor will comply with the CSPP. The SPCD must detail, but not be limited to, how the Contractor plans to maintain safety and security of both Contractor operations and the integrity of airport landside and airside operations during the prosecution of contract work and the procedures to be followed in the event of an emergency or accident. These procedures will be subject to the approval of the Arch itect/Engineer/RPR and reflect any change as may be deemed necessary. To assure adequate time for coordination, this document must be submitted no later than the date of the pre -construction conference. The development of the required SPCD is considered incidental to the work of this specification. 3. The Contractor must always maintain a copy of the CSPP and SPCD at the project site for reference by the Arch itect/Engineer/RPR and by all Contractor and subcontractor employees. 4. Conduct at least one (1) meeting of all Contractor supervisory personnel prior to the start of contract work. The purpose of this meeting is to review the approved work sequence, schedule, and safety and security procedures. Attendance at this meeting by the CSSO and all Contractor supervisory personnel is mandatory. This meeting must also be open to the Owner, Architect/Engineer/RPR, and any other governing authority that would like to attend. Minutes of this meeting must be taken by the CSSO, copies provided to each supervisor, and kept on file in the Contractor's construction office for periodic review and updating. 5. Brief all employees of the Contractor and subcontractors that will be used on the project. A similar briefing will be given to new employees prior to their use on contract work. In addition, the CSSO will be responsible for briefing, from time to time, all Contractor personnel on any changes to safety and security measures deemed necessary. 201-1.3 Contractor Badging. a. The Contractor is responsible for Owner -issued security badging as follows: 1. The Contractor is responsible for obtaining photo -identification security badges issued by the Owner for each superintendent of each work crew working within the AOA. The Contractor must obtain Owner -issued security badges for at least one (1) member of each work crew working in separate areas of the AOA. All Contractor personnel must either obtain and display an Owner -issued security badge or be escorted and under the responsibility of an individual displaying a current Owner -issued security badge. Badges issued for construction will be good for the duration of the project. Item G-201 Safety and Security 2 of 11 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 2. The Contractor is responsible for completing the required Owner -issued security badge application forms, and for submitting the forms to the Owner for their review as early in the project as possible to avoid construction delays. Forms must be submitted at least two (2) weeks in advance of issuance of an Owner -issued security badge. Forms will be available through the Owner after award of the project. The Contractor must designate an authorized signature holder (ASH) responsible for all Contractor badge applications. The ASH designee must complete training to become the authorized ASH, after which all Owner -issued security badge applications must be reviewed and approved via signature by the ASH. 3. The Contractor may obtain Owner -issued security badges from the operations department at the Airport. The Owner reserves the right to limit the number of security badges issued to the Contractor. The Owner will charge the Contractor a non-refundable fifty -dollar ($50.00) fee for each Owner -issued security badge issued. An additional non-refundable fifty -dollar ($50.00) fee will be charged for lost or destroyed badges. Individuals that lose two (2) badges will not be issued a third badge. 4. Owner -issued security badges must be worn in an easily visible location on the person to whom the badge was issued. Badges must be worn at all times while working within the AOA. The badge holder must be familiar with and must obey all security and safety rules and regulations. Owner -issued security badges may be confiscated, and all security rights revoked by the Owner upon the breach of any security or safety regulations at the discretion of the Owner. The holder of an Owner -issued security badge must surrender the badge at the completion of this project, upon transfer or termination of employment, or at any other time at the request of the Owner. 5. Badge holders may only use Owner -issued security badges for access to the AOA when actively working on this specific project. 6. Any expired or altered badge, or any badge bearing a photograph not matching the bearer, must be brought to the attention of the Owner and will be immediately confiscated by the Owner or the airport police. 7. At the completion of this project, the Contractor must return all Owner -issued security badges to the Owner. All Owner -issued security badges must be accounted for and surrendered at the completion of this project. Failure to account for and surrender all Owner -issued security badges will constitute grounds for withholding retainage from the final pay estimate amount. EXECUTION 201-2.1 Construction Sequencing. a. Construction Sequence: The Contractor must prepare a construction schedule and submit to the Architect/Engineer/RPR no later than the date of the pre -construction conference. Item G-201 Safety and Security 3 of 11 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 b. Closing Work Areas: The Contractor must acquaint his / her supervisors and employees with the sequence of construction and its relationship to airport activity and aircraft operations that are inherent to this airport. No runway, taxiway, apron, aircraft gate, passenger boarding bridge, any portion of the terminal, or airport roadway may be closed without the written approval of the Owner, to enable necessary NOTAMS and/or advisories to airport fixed based operators (FBOs), tenants and users. Contractor personnel and equipment are not allowed within project work areas until the area has been closed to aircraft and NOTAMS have been issued. The CSPP and plans detail the work areas of the project with respect to impacted or adjacent Runway Safety Areas (RSA), Taxiway / Taxilane Object Free Areas (TOFA / TLOFA), and Taxiway / Taxilane Safety Areas (TSA). 201-2.2 Airfield Marking and Lighting. Proper marking and lighting of areas on the airfield associated with construction is the responsibility of the Contractor. This will include properly marking and lighting closed pavements, the limits of construction, material storage areas, equipment storage areas, haul routes, parking areas, and other areas defined as required for the Contractor's exclusive use. The Contractor must erect and maintain around the perimeter of these areas suitable marking and warning devices visible for day and night use. The type and location of marking and warning devices will be as shown on the plans and approved by the Arch itect/Engineer/RPR. Special emphasis must be given to open trenches, excavations, heavy equipment marshalling areas, and stockpiled material located in the Airport Operations Area (AOA), which must be predominantly marked by the Contractorwith flags and lighted by approved light units during hours of restricted visibility and darkness. All markings must be in accordance with FAA AC 15015340-1. 201-2.3 SPCD Enforcement. a. Furnish and install the components of the SPCD at the appropriate times as specified in the Contract Documents. Inspect every aspect of the SPCD on at least a daily basis and ensure all components are functioning properly. Immediately correct deficiencies noted by the Arch itect/Engineer/RPR. Visually check barricade and / or temporary security fencing flashing lights daily, 30 minutes before sunset for proper operations. The system elements that must be inspected are as follows: 1. Barricades and / or temporary security fencing set properly and all flashing warning lights operating properly. 2. All Contractor personnel, AOA security gates manned, and security procedures in place. 3. All vehicles and equipment lighted / marked in accordance with the requirements of the Contract Documents. 4. Contractor use of unauthorized AOA security gates checked. The Owner' representative will notify the Contractor in writing of the above safety and security items identified as deficient. Make a concerted effort to ensure all safety and security items are in proper working order each day due to the security status of the airport. 201-2.4 Traffic Control. a. Vehicle and Equipment Identification: The Contractor must establish and maintain a list of Contractor and subcontractor vehicles and equipment authorized to operate on the site. Item G-201 Safety and Security 4 of 11 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 Contractor employee vehicles will be restricted to the Contractor's temporary construction staging area or at otherwise shown on the plans and are not allowed in the AOA at any time. To be authorized to operate on the airport, each Contractor or subcontractor vehicles and equipment must: 1. Display either: A yellow, flashing, dome -type light on the uppermost part of the vehicle structure. The light must be visible from any direction, day and night, including from the air. Lights must have peak intensity within the range of 40 to 400 candelas (effective) from zero (0) degrees (horizontal) up to 10 degrees above the horizontal and for 360 degrees horizontally. From 10 degrees to 15 degrees above the horizontal plane, the light output must be one -tenth of peak intensity or between four (4) and 40 candelas (effective). Lights must flash at 75 ± 15 flashes per minute. ii. A three (3) feet x three (3) feet or larger, international orange and white checkerboard construction safety flag, each checkerboard color being one (1) foot x one (1) foot, fixed on a staff, may be attached to the vehicle so that the flag is readily visible to supplement the flashing light orfor transient vehicles or those specifically onsite for the day to complete a specific task during daytime operations only. Vehicles and equipment operating in the AOA during the hours of darkness must be equipped with a yellow, flashing, dome -type light. 2. Be identified with a sign / placard with company logo and phone number of the Contractor and be of sufficient size to be identified at a distance of 150 feet. Vehicles needing intermittent identification could be marked with tape or with commercially available magnetically attached markers. Vehicles that are not appropriately identified must be escorted by a vehicle that conforms to this requirement. Vehicles requiring escort must be identified on the list furnished to the gate guard. All costs associated with vehicle and equipment identification are part of the equipment provided by the contractor and are subsidiary to the various bid items of the project. b. Contractor Escorts: Contractor escorts must meet the following requirements: 1. Contractor escort vehicle drivers must receive AOA driver training. 2. All vehicles responsible to the Contractor entering the AOA must be escorted by an Owner -approved Contractor escort vehicle from the point of AOA entry to the construction site. 3. To facilitate safe movement of Contractor escort vehicles and escorted vehicles, drivers of Owner -approved Contractor escort vehicles must be approved for, issued, and display an Owner -issued security badge. Further, Owner -approved Contractor escort vehicle drivers must be familiar with Airport security and safety procedures. Item G-201 Safety and Security 5 of 11 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 C. AOA Security Gate Control: A Contractor's gate guard must monitor and coordinate all Contractor traffic at the AOA security gate. The gate guard must be responsible for checking badges and inspecting vehicles of anyone entering and exiting through the gate at which the guard is posted. 1. The Contractor must provide a gate guard at all AOA security gates used for Contractor access. The Contractor must provide a guard shack to be utilized by the Contractor's gate guard at all AOA security gates used for Contractor access. The guard shack must, at minimum: L Have minimum dimensions of 4 feet by 6 feet. ii. Be weather-proof. iii. Be temperature -controlled and internally lighted for nighttime operations. iv. Provide 360-degree visibility and access to all vehicles approaching and exiting the AOA security gate. V. Include locking devices to secure the guard shack when not in use. vi. Secured against overturn by winds up to 100 mph. vii. Include a fire extinguisher. viii. Comply with all applicable building and safety codes. It is the Contractor's responsibility to prepare the site for installation of the guard shack. Any modifications to the site made by the Contractor must be removed at the end of the project and the site must be restored to its original condition or better. It is also the Contractor's responsibility to coordinate, secure, and pay for all utility service connections necessary for the operation of the guard shack. 2. Furnish to the gate guard a list of authorized delivery vehicles to enter the AOA security gate and record the vehicle license plate, time in, and time out for each vehicle using the gate. The Contractor must not permit any unauthorized construction personnel or traffic on the site. The Contractor must prohibit "piggybacking" of multiple vehicles behind an authorized vehicle. 3. Gate guards must be present at all AOA security gates used for Contractor access when the Contractor is onsite. If the gate guard must temporarily leave his post for any reason, a substitute gate guard, pre -approved by the Owner and / or Transportation Security Administration, must assume the responsibilities of the gate guard during that period. 4. AOA security gates to the site must be locked and secured at all times when not attended by the Contractor. If the Contractor chooses to leave any AOA security gate open, it must be attended by Contractor personnel who are knowledgeable of the safety and security requirements of the project. If an AOA security gate is found open or unlocked and unattended, airport security police and / or Transportation Security Administration may issue the Contractor a citation. The Contractor is responsible for all court costs and imposed fines. In addition, monetary fines may be levied by the Owner and / or Transportation Security Administration for each Item G-201 Safety and Security 6 of 11 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 violation so documented. Payment of all fines assessed to the Owner, due to violations by the Contractor of FAA / Transportation Security Administration security or safety requirements, is the sole responsibility of the Contractor and will be deducted from monies due the Contractor. 5. Pedestrian walkthroughs are not allowed through any AOA security gate. d. Access to the Site of Construction: The Contractor's access to the site is as shown in the plans. No other access points will be allowed unless approved by the Owner. All Contractor traffic authorized to enter the site must have completed the appropriate AOA driver training and be thoroughly familiar with the access procedures and route for travel or must be guided by an Owner -approved Contractor escort vehicle from the point of AOA entry to the construction site. The Contractor is responsible for traffic control to and from the various construction areas on the site, and for the operation and security of the AOA security gate to the site. Directional signing from the AOA security gate along the delivery route to the temporary construction staging / stockpile / storage areas, plant site, or work site must be provided. In addition, the following requirements are applicable: 1. The Contractor must install work site identification signs at the authorized access point(s). If, in the opinion of the Architect/Engineer/RPR, additional directional signs are needed for clarity, they must be installed along the route authorized for access to each construction site at no additional cost to the Owner. 2. The Contractor is responsible for the immediate cleanup of any debris deposited along the access route because of his construction traffic. In addition to the inspection and cleanup required at the end of each shift, the Contractor is responsible for the immediate cleanup of any debris generated along the construction site access route(s) because of construction related traffic or operations whether or not created by Contractor personnel. 3. All Contractor traffic authorized to travel on the airport must be operated in a manner that does not compromise the safety of either landside or airside airport operations. If, in the opinion of the Arch itect/Engineer/RPR, any vehicle is operated in a manner not fully consistent with this requirement, the Arch itect/Engineer/RPR has the right to restrict operation of the vehicle or prohibit its use on the Airport. e. Material Suppliers, Subcontractors, and Visitors: All material suppliers, subcontractors, and visitors to the work site are obligated to follow the same safety and security operating procedures as the Contractor. All material suppliers must make their deliveries using the same access points and routes as the Contractor and must be advised of the appropriate delivery procedures at the time the materials order is placed. The Contractor must not use the Airport address for any delivery but must use the street address appropriate to the location of the entrance to the work site. If it is not practical to conform to vehicle identification requirements, the Contractor must be prepared to escort all suppliers, subcontractors, and visitors while they are on the airport. f. Do not exceed 15 mph within the AOA. 201-2.5 General Safety Requirements. Item G-201 Safety and Security 7 of 11 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 a. All Contractor vehicles that are authorized to operate on the airport outside of the designated construction area limits or haul routes as defined herein must be vigilant for conflict with any aircraft and always give way to any operating aircraft. All Contractor vehicles that are required to operate outside of the construction area limits as defined herein and cross active taxiways or aprons must do so under the direct control of a flagman who is monitoring the Airport ground control radio frequency. Flagmen must be furnished by the Contractor. All aircraft traffic on taxiways and aprons have priority over Contractor's traffic. Any movement of the Contractor's vehicles and equipment on or across landing areas must only be under escort by the Owner or when the runway is closed. Construction vehicles and equipment not in use for extended periods must be parked away from active pavements in the Contractor's temporary construction staging / stockpile / storage areas. b. In order to protect all aircraft traffic, aviation related businesses, terminal apron areas, etc. from potential damage caused by foreign object debris (FOD) generated by construction activities, the Contractor must provide an adequate number of sweepers and vacuum trucks as specified in Item G-205, Temporary Construction Items. Protecting the aircraft, airport tenants, users, public, etc., against FOD is a critical safety issue. C. The Contractor must conduct a weekly safety briefing for all Contractor personnel. These meetings must be open to the Owner, Arch itect/Engineer/RPR, and any other governing authority that would like to attend. There will also be a mandatory weekly construction meeting, the date and time of which will be established prior to the start of construction, with the Owner that must be attended by the Contractor's senior field staff, including but not limited to superintendents and team leaders. d. Contractor vehicles and equipment brought into the AOA should be serviced and maintained prior to entering the AOA to prevent fuel, hydraulic fluid, or other chemical fluid leaks and excessive exhaust that may cause environmental issues. Vehicles and equipment that may cause environmentally detrimental conditions will be prohibited from entering the AOA. However, Contractor personnel operating construction vehicles and equipment on the Airport must notify the Arch itect/Engineer/RPR immediately and expeditiously contain and clean-up spills resulting from fuel, hydraulic fluid, or other chemical fluid leaks within one (1) hour of the spill occurring. Transport and handling of other hazardous materials on an airport also requires special procedures. To that end, develop and implement spill prevention and response procedures for vehicle operations. Incorporate these procedures into the SPCD. This includes maintenance of appropriate MSDS data and appropriate prevention and response equipment on -site e. Contractor vehicles and equipment may not be parked any closer than ten feet (10') from any security fence or AOA security gate. f. Contractor supervisory personnel, Contractor gate guards, and Contractor flagmen must be provided an aviation -band radio by the Contractor. All Contractor personnel monitoring radios must attend "Airport Radio Training" with Airport Operations. Radios must be used Item G-201 Safety and Security 8 of 11 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 to monitor air traffic control frequencies; Contractor personnel may not communicate on the aviation -band radios. Contractor radios and / or mobile phones must only be used for the Contractor's internal communications, to communicate clearance for movement of equipment, personnel, etc., on or across active AOA areas. Use of radios must not interfere with frequencies used by the ATCT or the airport. Use of mobile phones is restricted to work -related calls within the AOA; no personal calls will be allowed. The Contractor must maintain an up-to-date contact list with the airport for the duration of all phases of work. g. Construction will occur adjacent to active airfield pavements. Construction traffic must always yield to aircraft. Confine Contractor personnel, equipment, operations and travel to the area within the defined work limits shown in the plans. Do not allow Contractor personnel to enter or remain in part of the AOA which would be hazardous to persons or to aircraft operations. Inform Contractor personnel of the routes, speeds, and procedures for transporting equipment and materials to the construction site and restrictions to movement of equipment or Contractor personnel within the AOA. h. The Owner reserves the right to suspend construction operations for short periods of time (i.e. while an aircraft passes), daily, or between construction phases, and / or change the order of construction phasing during the project if it is determined as in the best interest of the Owner or safety. The Contractor may be directed to move Contractor personnel, equipment, and materials to a safe location and / or evacuate the site in order to enable aircraft operations. Necessary extensions in contract time will be granted or a stop work order will be issued due to these delays. However, there will be no adjustments in contract price due to these delays, unless otherwise noted in the contract documents. L Furnish and install barricades and / or temporary security fencing at the locations shown in the plans. Provide 24 hours per day on -call Contractor personnel for emergency maintenance of airport hazard lighting, barricades, and / or temporary security fencing. Integrate barricades and / or temporary security fencing as a part of the SPCD. Provide an adequate number of sweepers and vacuum trucks to keep haul routes, airfield pavements within the limits of work, and other pavement areas within 250 feet of construction areas traversed by vehicles and equipment clean and free of mud, dirt, debris, waste, loose material, and other FOD capable of causing damage to aircraft landing gears or propellers and / or being ingested in jet engines. Provide enough equipment and operators to ensure an immediate response to properly keep all active airfield pavements affected by construction operations are kept free of FOD. k. Wear high -visibility warning garments and identifiable hard hats in accordance with applicable OSHA, ANSI, ISEA, local, state, and / or Federal regulations when onsite. Prevent spillage of debris from construction vehicles and equipment outside the immediate work area. M. Use, manage, handle, and dispose of all "hazardous materials" in strict accordance with all applicable environmental laws. For the purposes of this project, the term "hazardous materials" is defined in the broadest sense to encompass substances, materials, wastes, pollutants, or oils referred to in any environmental law as toxic, radioactive, dangerous, or Item G-201 Safety and Security 9 of 11 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 similar term. Environmental laws are defined to mean all applicable federal, state, and local statutes, ordinances, regulations, rules, policies, codes, and guidelines in effect during the term of the project. n. Construction equipment must have a maximum height as approved by FAA Form 7460-1. Should the use of construction equipment with heights greater than those approved by FAA Form 7460-1 be required, including cranes, submit FAA Form 7460-1 to the FAA for approval. The FAA must provide approval prior to use of the requested equipment — FAA response time may take 60-90 days. o. It is the sole responsibility of the Contractor to see that all sheeting, shoring and bracing is done in accordance with current OSHA regulations and requirements. P. Institute dust control measures to mitigate current or potential dust issues. Special attention to dust control is required when earthwork or hauling operations are in progress or when wind and weather conditions cause excessive blowing of dust. Regularly apply water to keep dust down. Provide 24 hours per day on call Contractor personnel for emergency dust control operations. Respond within 20 minutes during times when the Contractor is on site and within two (2) hours when no work is being performed. Interior dust control measures must be in place to protect all public areas. Building filters must be replaced monthly during interior construction activities. q. At the completion of each work period, clean the project work area and remove equipment, materials, and Contractor personnel from the project work area. Sweep and / or vacuum pavements prior to vacating the work area. Ensure that active airfield surfaces affected by construction operations are kept free of FOD deposited by either construction traffic, construction operations, windblown debris, or debris deposited as the result of other sources. Interior construction areas must be kept free of accumulated trash and construction materials. Public areas adjacent to construction are to be cleaned daily. r. Blasting will not be permitted. S. Open -flame welding and torch cutting will not be permitted. 201-2.6 Construction Control. A primary and alternate responsible Contractor's representative must be designated by the Contractor. The Contractor's representatives must be available locally on a 24-hour basis. Names of the primary and alternate, including phone number, must be made available to the Arch itect/Engineer/RPR by the Contractor. The Contractor must ensure that the names and phone numbers are kept current and made available to the RPR. 201-2.7 Construction Techniques. Construction must be planned and conducted throughout this project in such a manner as to maintain safe airport operations. Every effort must be made to reduce the impact of construction activity on overall airport operations. To this end, the Contractor's activities must be conducted in such a manner to preclude, except where absolutely required, open excavations, trenches, ditches, and above ground obstacles such as booms on cranes. The primary responsibility for assuring that safe construction techniques are followed rests with the CSSO. METHOD OF MEASUREMENT Item G-201 Safety and Security 10 of 11 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT 201-3.1 Measurement of the item Safety and Security, as specified herein, will be on a lump sum basis. BASIS OF PAYMENT 201-4.1 The work and incidental costs covered under the item "Safety and Security" will be paid for at the Contract lump sum price. The Arch itect/Engineer/RPR will make the final determination of the allowable percentage of completion for the payment of the item Safety and Security and will approve the percentage paid based on the percent of contract amount actually earned which will be based upon actual work completed. Partial payments will be allowed as follows: a. With first pay request, 25%. b. When 25% or more of the original contract is earned, an additional 25%. C. When 50% or more of the original contract is earned, an additional 45%. d. After Final Inspection, staging area clean-up and delivery of all project closeout materials, the final 5%. * The Percent of Contract Amount Earned equals the work completed to date (including the total of all previous mobilization) plus or minus work completed associated with executed change orders, if any, divided by the Total Original Contract Amount plus or minus the Total Executed Change Order Amounts, if any. Payment will be made under: Item G-201-4.1 Safety and Security — per lump sum END OF ITEM G-201 Item G-201 Safety and Security 11 of 11 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT ITEM G-202 SURVEY AND STAKEOUT DESCRIPTION 202-1.1 General. This section sets forth requirements for all construction layouts required by the Contractor to construct all elements of the work as shown in the Contract Documents. This includes, but is not limited to, stakeout, layout, and elevations for pavements, structures, forms, and appurtenances as shown and required. The Contractor must keep the Arch itect/Engineer/RPR fully informed as to the progress of the stakeout survey. All survey work must be provided under the direction of a land surveyor licensed in the state within which the work is being performed. This item is complimentary to and should not be considered a modification to any aspect of FAA General Provision 50-07, Construction Layout and Stakes. In the case of discrepancy, the requirements of FAA General Provision 50-07, Construction Layout and Stakes, govern. 202-1.2 Survey Datum. The project survey control and horizontal alignment are based on the coordinate system as shown on the plans. The construction plans depict the coordinates and datum of sufficient survey control points to establish or re-establish horizontal control throughout the length of the project. Employ such methods as approved by the Arch itect/Engineer/RPR for the location of the project alignment and other necessary survey control points in accordance with currently acceptable surveying standards and practices. EQUIPMENT 202-2.1 All instruments, equipment, stakes, and any other material necessary to perform the work satisfactorily must be provided by the Contractor. EXECUTION 202-3.1 The exact position of all work must be established from survey control points, baseline transit points or other points of similar nature as shown in the plans. Prior to any layout for the proposed work, verify existing survey control points and notify the Arch itect/En g i neer/R PR of discrepancies immediately if found. The Contractor is responsible for the accuracy of his work and must maintain all reference points, stakes, etc., throughout the life of the work. Damaged or destroyed points, control monuments, or any reference points made inaccessible by the progress of the construction, must be replaced, or transferred by the Contractor. Any of the above points which may be destroyed or damaged must be transferred by the Contractor before they are damaged or destroyed. All control points must be referenced by ties to acceptable objects and recorded. Any alterations or revisions in the ties must be so noted and the information furnished to the Arch itect/Engineer/RPR immediately. All computations necessary to establish the exact position of the work from control points must be made and preserved by the Contractor. All computations, survey notes, and other records necessary to accomplish the work, must be neatly made. Such computations, survey notes, and other records must be made available to the Arch itect/Engineer/RPR upon request and must become the property of the Owner and delivered to the Arch itect/Engineer/RPR each month with the final documents due not later than the date of acceptance of the Contract. The Architect/Engineer/RPR reserves the right to check all lines, grades, and measurements with their appointed surveyor. Should the Owner's surveyor detect errors in said lines, grades, and measurements, Item G-202 Survey and Stakeout 1 of 2 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT the Contractor must pay for all subsequent surveying costs performed to verify correction of errors found in said lines, grades, and measurements. Definition of an error is a discrepancy of 1/4-inch or more. In the case of a discrepancy between the technical specifications and this defined tolerance, this tolerance governs. METHOD OF MEASUREMENT 202-4.1 Measurement of the item Project Survey and Stakeout, as specified herein, will be on a lump sum basis. BASIS OF PAYMENT 202-5.1 The work and incidental costs covered under the item Project Survey and Stakeout will be paid for at the Contract lump sum price. The Architect/Engineer/RPR will make the final determination of the allowable percentage of completion for the payment of the item Project Survey and Stakeout and will approve the percentage paid based on the percent of contract amount actually earned which will be based upon actual work completed. Partial payments will be allowed as follows: a. With first pay request, 25%. b. When 25% or more of the original contract is earned, an additional 25%. C. When 50% or more of the original contract is earned, an additional 40%. d. After Final Inspection, Staging area clean-up and delivery of all Project Closeout materials, the final 10%. * The Percent of Contract Amount Earned equals the work completed to date (including the total of all previous mobilization) plus or minus work completed associated with executed change orders, if any, divided by the Total Original Contract Amount plus or minus the Total Executed Change Order Amounts, if any. Payment will be made under: G-202-5.1 Project Survey and Stakeout — per lump sum END OF ITEM G-202 Item G-202 Survey and Stakeout 2 of 2 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT ITEM G-205 TEMPORARY CONSTRUCTION ITEMS DESCRIPTION 205-1.1 This item consists of furnishing all labor, materials and equipment for temporary construction items necessary for the safe and proper execution of work not otherwise included in other contract bid items. The Contractor will be expected to supply and utilize, as necessary, the temporary construction items listed below and other items contained in the plans and specifications. Temporary construction items to be provided may include, but are not limited to: flagmen; gate guards; escorts; radios; portable lighting units; steel plates for temporary covering of excavations and structures; barricades; delineators; temporary haul roads; temporary signs; test pits; vacuum trucks and sweepers; portable sanitary facilities; temporary construction staging areas; waste disposal containers; taxi closure markers; temporary edge light coverings, centerline light masking, and sign coverings / modifications; temporary electrical cables, connections, and jumpering; and electrical lockout and tagout. MATERIALS 205-2.1 Temporary Construction Barricades. Construction barricades must be constructed in accordance with the details shown in the plans and must be placed in accordance with the phasing plans and as directed by the RPR. The term "barricade" will be used throughout the plans and project manual to universally indicate barricades, signs, danger signals, hazard lighting, and / or any other safety measures to be installed by the Contractor prior to commencing work in an area. The Contractor will be responsible for furnishing, installing, and maintaining the necessary barricades as required by the plans and specifications (FAA AC 15015370-2, Operational Safety on Airports During Construction, current edition, latest change) for the protection of the work and the safety of the public for both land and air traffic. 205-2.2 Portable Floodlighting. Portable floodlighting must be provided, as required, for construction that must occur during nighttime operations. The Contractor must provide sufficient units so that all work areas are illuminated to a level of 5 horizontal footcandles. The lighting levels will be calculated and measured in accordance with the current standards of the Illumination Engineering Society. Lights must be positioned in such a way that they do not impact air traffic control operations. 105-2.3 Steel Plates. Steel plates of adequate size and thickness must be furnished as necessary to cover temporary excavations, unfinished structures or surfaces requiring protection or for safety purposes. Plates must be securely fastened down and must be adequate to safely support any anticipated loadings to be imposed. 205-2.4 Temporary Runway Closure Markers and Unlit Taxi Closure Markings. Runway closure markers will be provided by the Owner to the Contractor for each temporarily closed runway end. The Contractor must install, maintain, remove, and return to the Owner the runway closure markers at the direction of the RPR. Unlit taxi closure markers meeting the requirements of FAA AC 15015370-2 must be provided by the Contractor at each location shown in the plans. The Contractor must maintain the markers during construction, replace any worn parts, keep them fueled and maintain all oil levels, filters, etc. required to keep them running in good working order. The Contractor must retain possession of the unlit taxi closure markers upon contract completion. 205-2.5 Temporary Security Fence. The Contractor is responsible for the security of all temporary openings in the AOA at all times. Temporary Security Fence must be installed to provide a secure temporary Item G-205 Temporary Construction Items 1 of 4 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT fence line prior to removal of any existing fence that will require an opening to the AOA. The Contractor may utilize existing fence materials scheduled to be removed as part of the project as Temporary Security Fence. The Contractor will be responsible for any modifications necessary to the removed existing fence materials in order to make them suitable for use. Each opening must be manned by an Owner -approved, Contractor employee until the opening is closed and approved by the Owner and RPR at no additional expense to the Owner. 205-2.6 Temporary Haul Roads. The Contractor must install, maintain, repair, and remove temporary haul roads as indicated in the plans, or as required by the Contractor. The Contractor will be responsible for the disposal of temporary haul road materials 205-2.7 Temporary Construction Staging Areas. The Contractor must install, maintain, and repair temporary construction staging / stockpile / storage areas in accordance with the directives in the plans and Project Manual at the locations indicated in the plans, or as approved by the RPR. At the completion of the project, these areas must be removed and conditions of these areas and surrounding areas must be as good as or better than the condition prior to starting work, including, at minimum, repair of existing facilities, regrading, and topsoiling and establishing vegetation, as applicable. The Contractor will be responsible for the disposal of temporary staging area materials. 205-2.8 Vacuum Trucks and Sweepers. Vacuum trucks and sweepers must be provided by the Contractor to vacuum haul routes and other pavement areas traversed by construction vehicles and equipment. These areas must be kept clean and free of mud, dirt, debris and other FOD to the satisfaction of the RPR. 205-2.9 Other Miscellaneous Items. Any other items not listed herein but which are associated directly or indirectly with temporary construction related work will, by reference, be included in the requirements of this specification. No additional payment will be made for any related temporary construction item not specifically listed herein. The Contractor will be responsible for providing any and all items necessary to ensure a safe, secure and functioning project construction site. CONSTRUCTION METHODS 205-3.1 Temporary Construction Barricades. Barricades must be placed around each phase of the work in accordance with the phasing plans and must remain in place until completion of work in each phase. 205-3.2 Temporary Security Fence. Temporary Security fence must be placed around all temporary openings in the AOA and must remain in place until permanent fencing is complete in the area and the temporary opening in the AOA is secure. 205-3.3 Flagmen. Flagmen must be provided, as necessary, to control the Contractor's traffic during the prosecution of work. All Contractor vehicles or equipment that are required to cross active airfield pavement or safety areas must do so under the direct control of a competent flagman. Each flagman, supervisory individual, and Contractor lead / escort vehicle must be equipped with an approved aviation band radio. 205-3.4 Portable Floodlighting. Portable floodlighting is required for construction during periods of limited visibility (i.e., nighttime). METHOD OF MEASUREMENT 205-4.1 No direct measurement will be made for the items of this specification. Payment will be made on a lump sum basis. Item G-205 Temporary Construction Items 2 of 4 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT BASIS OF PAYMENT 205-5.1 Payment will be made at the lump sum price for "Temporary Construction Items". Payment for all items will be full compensation for furnishing all materials and labor for placing, moving and removing barricades and steel plates, providing flagmen, furnishing portable floodlighting, test pitting, disposal of materials, and for any other labor, materials, equipment, tools and incidentals necessary for temporary items required for construction of this work. Partial payments will be allowed as follows: a. With first pay request, 25%. b. When 25% or more of the original contract is earned, an additional 25%. C. When 50% or more of the original contract is earned, an additional 40%. d. After Final Inspection, Staging area clean-up and delivery of all Project Closeout materials, the final 10%. * The Percent of Contract Amount Earned equals the work completed to date (including the total of all previous mobilization) plus or minus work completed associated with executed change orders, if any, divided by the Total Original Contract Amount plus or minus the Total Executed Change Order Amounts, if any. Payment will be made under: Item G-205-5.1 Temporary Construction Items — per lump sum END OF ITEM G-205 Item G-205 Temporary Construction Items 3 of 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT INTENTIONALLY LEFT BLANK 2231874.003 Item G-205 Temporary Construction Items 4 of 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT SECTION 101400 - SIGNAGE PART 1 - GENERAL 1.1 RELATED DOCUMENTS 2231874.003 The General Provisions, Special Provisions, Airports Division Supplement to Special Provisions, and General Requirements of the Specifications apply to the work specified in this section. A. Drawings: 1. LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT ROADWAY SIGNAGE 1.2 REFERENCES A. Abbreviations and Acronyms: 1. AC - Alternating Current 2. AFG - Above Finished Grade 3. ANSI - American National Standards Institute 4. ASTM - American Society for Testing & Materials 5. AWG - American Wire Gauge 6. AWS - American Welding Society 7. CM - Column Mounted 8. DIR - Directional 9. FM - Flag Mounted 10. GM - Ground Mounted 11. DC - Direct Current 12. EXT - Exterior 13. ID - Identity 14. IN - Informational 15. INT - Interior 16. LED - Light Emitting Diode 17. MAX - Maximum 18. MIN - Minimum 19. N/A - Not Applicable 20. NAAMM - National Association of Architectural Metal Manufacturers 21. NEG - Negligible 22. NEMA - National Equipment Manufacturers Association 23. NIC - Not In Contract 24. OC - On Center 25. OH - Overhead Structure 26. OPP - Opposite Hand Similar 27. PG - Parking Garage 28. PL - Parking Lot 29. PM - Post Mounted 30. RCP - Reflected Ceiling Plan 31. REG - Regulatory 32. RW -Roadway SIGNAGE 101400 - 1 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 33. SIM - Similar 34. SS - Stainless Steel 35. TBD - To Be Determined 36. TYP - Typical 37. UL - Underwriters Laboratories 38. WAN - Wide Area Network 39. WM - Wall Mounted 40. WYSIWYG - "What you see is what you get" — an accurate graphic representation B. Definitions: 2231874.003 Approval: All instances that reference client "Approval" shall only be transferred by means of written documentation listing the components, construction, or procedures that are acceptable. 2. Provide: "Provide" shall mean the supply, installation, demonstration, testing, documentation, and operation of the system or components thereof. 3. Reference Standards: a. American Society for Testing and Materials (ASTM): (1) ASTM A 123, Standard Specification for Zinc (Hot -Dip Galvanized) Coatings on Iron and Steel Products. (2) ASTM A 276, Standard Specification for Stainless Steel Bars and Shapes. (3) ASTM A 500, Standard Specification for Cold -Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes. (4) ASTM A 575, Standard Specification for Steel Bars, Carbon, Merchant Quality Products. (5) ASTM A 576 Standard Specification for Steel Bars, Carbon, Hot - Wrought, Special Quality Products. (6) ASTM A 635, Standard Specification for Steel, Sheet and Strip, Hot - Rolled, Alloy, Carbon, Structural, High -Strength Low -Alloy with Improved Formability Products. (7) ASTM A 653, Standard Specification for Steel Sheet, Zinc -Coated (Galvanized) or Zinc -Iron Alloy -Coated (Galvannealed) by the Hot -Dip Process. (8) ASTM A 780, Standard Practice for Repair of Damaged and Uncoated Areas of Hot -Dip Galvanized Coatings. (9) ASTM A 847, Standard Specification for Cold -Formed Welded and Seamless High -Strength, Low -Alloy Structural Tubing with Improved Atmospheric Corrosion Resistance. (10) ASTM B 117, Standard Practice for Operating Salt Spray Apparatus. (11) ASTM B 221, Standard Specification for Aluminum and Aluminum - Alloy Extruded Bars, Rods, Wire, Profiles, and Tubes. (12) ASTM B 429, Standard Specification for Aluminum and Aluminum — Alloy Structural Pipe and Tube. (13) ASTM D 522, Standard Test Methods for Mandrel Bend Test of Attached Organic Coatings. (14) ASTM D 523, Standard Test Method For Specular Gloss. (15) ASTM D 2244, Standard Practice for Calculation of Color Tolerances SIGNAGE 101400 - 2 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 and Color Differences from instrumentally Measured Color Coordinates. (16) ASTM D 2794, Standard Test Method for Resistance of Organic Coatings to the Effects of Rapid Deformation. (17) ASTM D 3359, Standard Test Methods for Measuring Adhesion by Tape Test. (18) ASTM D 3363, Standard Test Method for Film Hardness by Pencil Test. (19) ASTM D 3451, Standard Guide for Testing Coating Powders and Powder Coatings. (20) ASTM D 4060, Standard Test Method for Abrasion Resistance of Organic Coatings by the Taber Abraser. (21) ASTM D 4956, Standard Specification for Retroreflective Sheeting for Traffic Control. (22) ASTM F 593, Standard Specification for Stainless Steel Bolts, Hex Cap Screws, and Studs. b. American National Standards Institute (ANSI): (1) ANSI Z66-1, Paints and Coatings Accessible to Children C. National Equipment Manufacturers Association (NEMA): (1) NEMA 250, Enclosures for Electrical and Communications Equipment d. U. S. Government: (1) Occupational Safety and Health Administration (OSHA) 1.3 ADMINISTRATIVE REQUIREMENTS A. Coordination: For all signs, structural attachments must be field verified by the awarded contractor. Any attachments shown in structural drawings are for general reference based on industry standards and may need to be revised based on findings from contractor. 2. All sign locations and conditions are to be field verified and confirmed with the Program/Project Manager prior to fabrication. Coordinate installation of signs with the General Contractor as required. B. Scheduling: When applicable, verify electrical service is installed and operational prior to installing an illuminated sign. 2. Verify brackets, hangers, and other structural attachments are in place prior to installing an overhead sign. Coordinate any ceiling or wall penetrations with the installation of wall and ceiling SIGNAGE 101400 - 3 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT panels. 1.4 SUMMARY A. This project involves construction of overhead roadway sign panels and installation on refurbished sign structures. All roadway signs to utilize reflective sheeting (Type VIII to Type XI per included documents). B. This project involves the construction of ground mounted, post mounted, and flag mounted roadway sign panels and installation on new or refurbished sign structures. All roadway signs to utilize reflective sheeting (Type VIII to Type XI per included documents). 1.5 SUBMITTALS A. Submit in accordance with Division 01 requirements. The following submittals should be prepared and issued for review in order. Submittals issued out of order may be rejected for not meeting these requirements. B. Product Data: Provide to the Engineer information and order numbers for all materials used in fabrication and installation of signs in standard printed published form including performance criteria. Include manufacturer's instructions for applications, construction details, profiles and finishes for each material and type of sign required. Also provide a list of all materials used in the coating system, and all Material Safety Data Sheets. C. Sign Installation Survey Report: Perform a detailed sign installation survey for every sign to be installed. This survey should review signs to be demolished, suitability of existing structural attachments, and the measuring of field dimensions required to finalize the design. The deliverable is to be a schedule for every sign that includes: Existing sign dimensions. 2. If an existing sign is to be removed prior to installation. 3. Description of structural attachment with dimensions if necessary 4. Notes or comments on the conditions of the existing sign structures. If the survey uncovers any safety issues or incompatibilities with the installation of signs in this project the contractor is to submit these concerns in writing to the Engineer. D. Shop Drawings: For each type of sign required, provide electronic PDF drawings including dimensions, sections and call -outs of all materials. All drawings of overhead signs to include the seal of an engineer registered in the state of Texas. Drawings to include plans and elevations at sign locations, and small-scale layouts of all copy applications with indication of colors. Show and indicate all anchorages and accessory items. Drawings are subject to Engineer's approval prior to fabrication. E. Sign Message Layouts: Provide drawings with scaled images of each sign message in WYSIWYG fashion (displayed content matching final output) incorporating all text, SIGNAGE 101400 - 4 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 symbols, arrows and other graphics for review. Drawings are subject to Engineer's approval prior to fabrication. The Engineer reserves the right to alter sign messages without allowing additional cost until the final message layouts are approved providing sign sizes are not increased. F. Samples: For each type of material and finish specified, provide Engineer with 4-inch square samples (4 each of all materials/finishes) clearly labeled with color, material number and product order number. Samples are subject to Engineer's approval prior to fabrication. G. Prototypes: For the sign types listed below, provide Engineer with example/sample of sign in actual size or scale version, sufficient to demonstrate product quality and function. Prototypes are subject to Engineer's approval prior to fabrication. Sign Type C 2. Sign Type H 3. Sign Type S H. Closeout Submittals: Certificate of Compliance: Provide a Certificate of Compliance signed by a responsible company representative after completion of the site installation. This document shall certify that each element of the installed system and wiring complies with the requirements of the Contract Documents and the certification shall be included with the final acceptance report 2. Operation and Maintenance Data: Prior to final acceptance, submit complete sets of operation, maintenance and service manuals for systems and equipment provided under this contract. The manuals shall be compiled, assembled, and indexed in an easily identifiable hardcover form. Manuals shall include the following: Complete operating instructions. Complete maintenance instructions, wiring diagrams, troubleshooting instructions. System service instructions for work which manufacturers recommend user service. Complete parts list for each major item of equipment and/or system supplied under this section. Complete collection of manufacturer's product and catalog literature for equipment and systems installed under this contract. Operating characteristics, performance data, ratings, and manufacturers' specifications for each item of equipment or system. Name, address, website, and telephone number for service for each item of equipment or system. SIGNAGE 101400 - 5 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 Warranty Documentation: The contractor shall provide a compiled list of manufacturers' warranties for all components used in this project. In addition, the contractor shall provide complete documentation for the systems covered in this project. 4. Record Documentation: Record drawings and specifications shall comply with the requirements of Division 01. The contractor shall maintain a clean, undamaged set of black line prints of both the Contract Drawings and Shop Drawings. The contractor shall mark the set to show the actual installation where the installed work varies substantially from the work as originally shown. Mark whichever drawing is most capable of showing the actual "field" condition fully and accurately. Where Shop Drawings are used for mark-up, record a cross-reference at the corresponding location on the Contract Drawings. Give particular attention to concealed work that would be difficult to measure and record at a later date. 5. Maintenance Material Submittals Spare Parts: Submit a complete list of Spare Parts that will be provided as part of the maintenance contract. Tools: Submit a complete list of specialized tools required to perform the maintenance of signs in the project. 1.6 QUALITY ASSURANCE A. For each separate type of sign required, obtain signs from one source, from a single manufacturer. B. Traffic control and regulatory signs shall conform to the Manual of Uniform Traffic Control Devices, U.S. Department of Transportation, U.S. Department of Homeland Security. C. All products are to be handled in accordance with Manufacturer's instructions. All signs are to be warranted by the Sign Contractor for a minimum two (2) year period, covering manufacturing defects and defects in workmanship. Provide warranty documents to the Engineer at shop drawing submittal, for approval prior to manufacturing. D. All sign locations and conditions are to be field verified and confirmed with the Engineer prior to shop drawing submittal. E. Paint Coordination: Provide finish coats which are compatible with the prime paints used. Review other sections of these specifications in which prime paints are to be provided to ensure compatibility of the total coatings system for the various substrates. 1.7 DELIVERY, STORAGE, AND HANDLING A. Delivery, Storage, and Handling SIGNAGE 101400 - 6 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 Provisions for direct delivery of system components shall be made for acceptance by the Contractor at the project site. The Contractor shall take such measures as are necessary to ensure that all products are adequately protected from environmental and physical damage during shipment, storage, and installation. 2. Inspect materials or equipment immediately upon delivery and again prior to installation. Reject any damaged, defective or non -conforming items. Schedule delivery to minimize long-term storage at the site and to prevent overcrowding of construction specs. B. Storage and Handling Requirements Store delivered materials and finished components in a clean, dry space. Protect materials from dirt, fumes, water, construction debris, and traffic. 2. Handle finished equipment carefully to prevent damage, breakage, denting, and scoring finishes. Do not install damaged components; replace with new equipment and return damaged units to manufacturer. Store products at the site in a manner that will facilitate inspection and measurement of quantity or counting of units. 4. Store heavy materials in a manner that will not endanger the supporting construction. Store products subject to damage by the elements, under cover in a weather tight enclosure, with ventilation adequate to prevent condensation. Maintain temperature and humidity within range required by the manufacturer's instructions. 1.8 WARRANTY A. Manufacturer Warranty: Manufacturer shall unconditionally warrant materials and workmanship for a period of two (2) years from the date of final acceptance of the project by the State. 2. The warranty shall cover, but not be limited to: Color fastness against fading or chalking Non -yellowing of translucent components Assembly, construction and operation Any part found to be defective due to faulty materials and/or workmanship and shall be replaced within 30 days of failure. Manufacturer shall assume all costs involved with the execution of same. Manufacturer shall assume full responsibility for the removal and replacement of all other finishes required to affect such SIGNAGE 101400 - 7 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT repair and/or replacement. 4. Manufacturer's disclaimers and limitations on product warranties do not relieve the Contractor of the warranty on the Work that incorporates the products, nor does it relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with the Contractor. PART 2-PRODUCTS 2.1 PERFORMANCE REQUIREMENTS A. Retroreflective Signs: Signs to include full -coverage reflective vinyl background (Type I, III, VII, or IX per contract documents). The manufacturer warranty for the vinyl component must be at least five (5) years. 2. All non -vinyl surfaces to be painted with a coating system that meets the requirements listed in Paint Finishes. Apply anti -graffiti overlaminate film to all retroreflective signs. B. Internally Illuminated Sign Lighting System: Select signs in this project are to be internally illuminated where specified. Each of the lighting components should be sourced from a single manufacturer (i.e. LED modules from a single manufacturer, LED power supplies from a single manufacturer). The signage lighting system must meet the following performance requirements at a minimum: The lighting system shall have a minimum surface luminance (brightness) of no less than 50 candelas per square foot of sign face regardless of sign dimensions. 2. The lighting system shall illuminate the entire sign face with a uniformity ratio no greater than 1.5 to 1 between the lightest and darkest elements of the sign. 3. White LED color to be 5000K plus or minus 1000K. 4. LEDs shall be dimmable. This can be accomplished using a dimmable power supply, or a non -dimmable power supply with a 10V dimming controller. 5. LEDs shall be field maintainable to included plug and play electronics. 6. All electric components shall be UL listed including LED power supplies that are UL listed for integral, remote, and plenum mounting. 7. Electrical cabling and connectors shall be provided as an integral part of the manufacturing system including quick disconnect for ease of installation and maintenance. 8. All lighting components shall be capable of operating within the temperature range of -40°C to +60°C (-40°F to 140°F). In addition, all lighting components are to be damp rated and resistant to moisture ingress. C. Digitally Printed Sign Faces: Select signs in this project are to utilize digitally printed sign SIGNAGE 101400 - 8 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 faces to display the sign message. The printing process should meet the following performance requirements at a minimum: Solid colors on the sign face must be uniform with no banding or moire patterns visible. Print the sign face using a double or triple -pass technique if necessary to achieve acceptable results. 2. All graphic lines and borders should have crisp edges with a distinct linear border between color regions without any fuzziness or waviness along the border. 3. All digitally printed colors to be submitted per section 1.5F using the same hardware and software for printing the full sign faces. Adjustments are to be made and resubmitted if necessary until each color sample has an acceptable color match. 4. Apply anti -graffiti overlaminate film to all digitally printed signs. 2.2 MATERIALS A. Provide materials which have been selected for their surface flatness, smoothness and freedom from surface blemishes wherever exposed to view in the finished unit. Exposed -to -view surfaces which exhibit pitting, seam marks, roller marks, "oil canning", stains, discolorations, or other imperfections on the finished unit will not be acceptable. B. Materials and construction methods for all exterior sign work shall be performed in accordance with the applicable requirements of the AASHTO, "Standard Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals", Sixth Edition, including 2015 Interim Specifications thereto. Field cutting and drilling of aluminum tubing is expected. C. Steel Rods and Hanger Assemblies: Provide cold -formed steel conforming to ASTM A 500, Grade B, hot -dipped galvanized after fabrication with a minimum of 2.0-oz. zinc per sq. ft. of surface area conforming with ASTM A 123. D. Stainless Steel Connectors and Rods: Provide 316 stainless steel rods and connectors conforming to ASTM 276 E. Stainless Steel Fasteners and Studs: Provide 316 stainless steel bolts, hex cap screws, studs, nuts conforming to ASTM F 593 F. Aluminum -Alloy Extruded Bars, Rods, Shapes and Tubes: ASTM-13221, Alloy 6061- T6 or 6351-T5, with minimum thicknesses as shown. G. Aluminum Sign Face Blanks: ASTM-13209, Alloy 5052-H36, 5052-H38, 5154-H38, or 6061-T6, minimum thickness .08" or as shown on drawings. H. Anchors and Insets: Use non-ferrous metal anchors and inserts as required for corrosion resistance. Use toothed steel or lead expansion bold devices for drilled -in place anchors. Furnish inserts, as required, to be set into concrete or masonry work. Reflective Vinyl Film: Provide exterior grade reflective vinyl film backing to all roadway signs; overhead, ground mounted, wall mounted, column mounted, post mounted, and flag mounted. SIGNAGE 101400 - 9 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT 1. Shall conform to ASTM D4946 for the following properties: a. Adhesion b. Outdoor weathering including retained coefficient of retroreflection and color fastness C. Shrinkage d. Flexibility e. Impact resistance f. Night time color 2. Gloss level shall be no less than 50 when measured using a 60-degree glossmeter per ASTM D523. 3. Thickness: Minimum 0.50mm or greater. 4. Adhesive Quality: Minimum 55 oz. per inch width, after curing for 24 hours, required to break adhesive bond. 5. Meet or exceed all MUTCD requirements for retro reflectivity and performance. 6. 3M DG3 Diamond Grade reflective vinyl #4090 or approved equal. J. Translucent Vinyl Film: Provide exterior grade translucent vinyl film over diamond grade backer for all roadway sign; overhead, ground mounted, and column mounted 1. Thickness: Minimum 0.05mm or greater. 2. Adhesive Quality: Minimum 55 oz. per inch width, after curing for 24 hours, required to break adhesive bond. 3. Meet or exceed all MUTCD requirements for retro reflectivity of traffic signage background colors. 4. Colors per drawings. Use 3M Electrocut 1170 Film or approved equal. Color samples must be submitted and approved for any proposed product substitutions. 5. Material must be "product matched" to reflective vinyl backer to maintain the highest possible warranty from the manufacturer. 6. Apply film per manufacturer's specifications. K. Anti -Graffiti Overlaminate Film: Provide exterior grade clear overlaminate film for all ground, wall, column, post and flag mounted signs to provide resistance to stains, abrasion, gouging, and graffiti. 1. Thickness: Minimum 0.03mm or greater. 2. Adhesive Quality: Minimum 55 oz. per inch width, after curing for 24 hours, SIGNAGE 101400 - 10 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT required to break adhesive bond. 2231874.003 3. The film must not diminish the reflective properties of the underlaying reflective vinyl background. 4. Material must be "product matched" to reflective vinyl backer to maintain the highest possible warranty from the manufacturer. 5. Apply film per manufacturer's specifications. 6. 3M #1160 Protective Overlaminate film or approved equal. L. Powder Coat Finish: Provide direct embedded powder coat finish to aluminum components where indicated in the drawings. Finish to be low -gloss, polyurethane coating confirming to the following physical properties: 1. Pencil hardness: ASTM D 3363, 2H 2. Adhesion rating: ASTM D 3359, 513 3. Impact resistance: ASTM D 2794, 160 inch -pounds 4. Abrasion weight loss: ASTM D 4060, 60 milligrams or less 5. Film surface flexibility: ASTM D 522, No loss of adhesion or surface cracking 6. Corrosion resistance: ASTM B 117, no effect after 1000 hours of exposure M. Acrylic Polyurethane: Coating to be used on metal or plastic surfaces of sign panels shall be Matthews Acrylic Polyurethane manufactured by Matthews Paint Co., 400 S. Mercantile Ct., Wheeling, IL 60090 or other approved acrylic polyurethane system that is ultraviolet inhibited. Each color must be proven to be equal in color and gloss retention to corresponding colors of Matthews Acrylic Polyurethane by United States Testing Company, Inc., Chemical Service Div., 1415 Park Ave., Hoboken, New Jersey 07030. The laboratory test shall consist of 1,000 hours in a QUV accelerated weathering tester maintained in accordance with ASTM G-53. The tester shall be programmed to alternate 400 C. water condensation 4-hour periods with 600 C. ultraviolet 4-hour periods. Gloss measurements are to be made with a Photovolt meter and color measurements with a Hunterlab color difference meter (ASTM D-523 and D- 2244, respectively). Any proposed alternate coating system shall include comparative results from United States Testing Company, Inc. as indicated above. The dried film shall conform to ANSI Z66-1 with regards to heavy metals and the surfaces shall be prepared, primed and finish coated in accordance with coating manufacturer's instruction. The anti -graffiti coating on Super Graphics shall perform as follows when immersed in chemicals for the stated times: Material PH Duration (Hours) Effect Sodium hydroxide (5%) 12 12 None Sodium hydroxide (20%) 13 12 None Ammonium hydroxide (dil.) 10 12 None Ammonium hydroxide (28%) 11.4 12 None Potassium hydroxide (25%) 13 12 Slight Yellowing Sulfuric acid (10%) 1.2 12 None Sulfuric acid (conc.) 0.1 12 None Phosphoric acid (20%) 1.4 12 None Phosphoric acid (85%) 1.5 12 Slight Yellowing SIGNAGE 101400 - 11 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT Hydrochloric acid (5%) 2.5 12 None Boric acid (sat.) 5 12 None Acetic acid (10%) 2.9 12 None Citric acid (10%) 2.9 12 None Lactic acid (dil.) 2.4 12 None Oxalic acid (20%) 1.6 12 None Alcohol 8 None Mineral Spirits 12 None Methyl Ethyl Ketone (MEK) 1-12 Slight Yellowing at 10 min. No further Change at 12 hours. Methyl Isobutyl Ketone 1-12 Same as MEK Xylene, Xyol and Toluene 1-12 Same as MEK Glycol Ethers 1-12 Serious softening At 30 minutes Gasoline 24 None Detergents 24 None Intermittent Salt Water Spray 8790 9 on scale of 1-10 N. Typography: Helvetica Neue 65 Medium is the standard LBB typeface, unless otherwise shown in the contract drawings. 2. Symbols and arrows shall be as shown in the contract drawings. Submit samples of typography and arrows for Engineer's approval prior to cutting material. PART 3 - EXECUTION 3.1 3.2 SUMMARY A. Discard units of material which are unsound, warped, bowed, twisted, improperly treated, not adequately seasoned or too small to fabricate work with minimum of joints or optimum jointing arrangements, or which are of defective manufacture with respect to surfaces, sizes or patterns. SIGN DEMOLITION AND REMOVAL A. Remove existing signage panels on structures receiving new sign panels or where noted in the contract drawings. Refer to specification section 024119 for additional demolition requirements. Existing signage to be removed includes: Overhead roadway, parking lot, and parking garage sign panels 2. Ground mounted roadway, parking lot, and parking garage sign panels Wall mounted parking lot, and parking garage sign panels 4. Column mounted parking lot, and parking garage sign panels SIGNAGE 101400 - 12 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT Post mounted roadway, parking lot, and parking garage sign panels 6. Flag mounted roadway, parking lot, and parking garage sign panels 3.3 ASSEMBLY & FABRICATION A. Factory Assembly. 2231874.003 All work shall be fabricated to the details and specifications shown in the Contract Drawings and shall be first class workmanship in accordance with the best trade practices. 2. All fabrication and assembly will be done in the factory and shipped to the job site in a complete unit. When multiple individual panels are to be joined to make a common face, the adjoining edges shall be assembled, cut or milled to achieve a straight plane tolerance of +1/32" on each of the adjoining panel edges. 4. Mechanical fasteners, where allowable, are to be countersunk flush with the top surface being joined and painted to match color of sign at location of fastener. 5. Allow for thermal movement resulting from a maximum ambient temperature change (range) of 100 deg F (70 deg C). Design and fabricate sign assembly to prevent buckling, opening up of joints, or overstressing of welds and fasteners. Base design on actual surface temperatures of metals due to both external and internal heat gain. 6. All joints, corners, miters, splices, etc. shall be accurately machined, filled, fitted, filed, and rigidly framed together at joints and contact points and mechanically smoothed to give a monolithic appearance and imperceptible joints. Fabricate access panels with concealed hinges and latches and minimum profile keyed lock assemblies. Coordinate keying with the Engineer. Locate access panels as necessary for maintenance and repair of assemblies within the confines of existing construction. 8. Flashing and Sheet Metal: Provide color matched shop finished flashing and sheet metal to seal spaces between enclosures and existing construction. Configure sheet metal as necessary to seal to adjacent construction. Provide suitable material thickness to prevent oil canning and surface irregularities. Provide aluminum closure panels behind boxes as necessary to eliminate roosting spaces for birds. Fabricate enclosures to be watertight or to control the leakage of water in order to prevent damage to equipment and components. 9. Use filler metals which will blend with and match the properties of the sheet metal being used. Continuously weld, corners and seams, and grind smooth and flush SIGNAGE 101400 - 13 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT on exposed surfaces. 2231874.003 10. Form closures and trim members and extrusions to their profiles shown using the gauge of sheet metal indicated in the drawings. Furnish all components required for support and installation of closures and trim. Fabricate closures and trim to fit close with adjoining work. Finish all exposed edges of all trim and closure strips. All corner seams in exposed work shall be no larger than 0.75mm (1/32 inch) wide. 11. Provide contiguous concealed support at joints to hold meeting faces in flush alignment. Miter or cope trim members at corners to form tight joints. Provide backing plates as necessary to provide water tight joints. 12. When multiple individual panels are to be joined to make a common face, the adjoining edges shall be assembled, cut or milled to achieve a straight plan tolerance of 0.75mm (1/32 inch) on each of the adjoining panel edges. Facing joints shall occur at reveal joints unless approved otherwise. 13. Provide materials which have been selected for their surface flatness, smoothness, and freedom from surface blemishes wherever exposed to view in the finished unit. Exposed to view surfaces which exhibit pitting, seam marks, roller marks, "oil -canning", stains, discolorations, or other imperfections on the finished unit will not be acceptable. B. Metal Fabrication. Comply with AWS, NAAMM, CDA, and other metal authorities for recommended procedures in welding, brazing, and soldering. Use filler metals which will blend with and match the color of sheet metal being used and the required exposed finish appearance of the metals. Continuously weld, braze, or solder corners and seams, and grind smooth and flush on exposed surfaces. Discoloration or stains between base metal and filler metal will not be acceptable for exposed portions of natural metal finish. 2. All welding of aluminum and steel shall be performed in accordance with the applicable requirements of the Standard Specifications. Clean, pre -tin, heat, flux and sweat solder through full contact area of surfaces to be joined, in accordance with the best standards of practice in modern sheet metal shops. Remove all flux residue and foreign matter after soldering. Rinse all soldered areas with water and wipe clean. C. Sheet Aluminum Assemblies. Form closures and trim members and extrusions to the profiles shown using the gauge sheet metal shown. Furnish all components required for support and installation of closures and trim. Fabricate closures and trim to tightly close with adjoining work. Finish all exposed edges of all trim and closure strips. All joints in exposed work shall not vary more than 1/32 inch in either width or alignment. 2. Locate fasteners to be concealed wherever possible; otherwise to be as SIGNAGE 101400 - 14 LUBBOCK PRESTON SMITH INT'L AIRPORT ROADWAY/GATEWAY SIGN REPLACEMENT 2231874.003 inconspicuous as possible. Size to securely support the work and space to prevent buckling or waviness of the finished surface. Exposed fasteners shall be countersunk, and filled to match finish. Indicate type and location of all fasteners on shop drawing submittals. Pop rivets to be painted to match background. Drill and tap holes required for securing closures to other surfaces. All fasteners shall be countersunk flush to surface, unless shown otherwise. 3.4 INSTALLATION A. Install the work plumb, level and straight with no distortions. Shim as required using concealed shims. Install to a tolerance of 1/8" in 8'-0" for plumb and level, with maximum 1/32" offset in flush adjoining aluminum panels, and maximum 1/16" offsets in flush and in revealed adjoining surfaces. Leveling is to be done only by instruments; measuring equal distances from existing building surfaces will not be acceptable as a basis of level and/or plumb. B. Execute drilling, cutting and fitting carefully and fit at job before finishing. Provide work with anchors, expansion shields, for complete anchorage. Install all supporting members, fastenings, framing, bracing brackets, straps, bolts, angles and the like required to set and connect signage work rigidly and properly to building structure. C. Field cut and drill aluminum frames with prior approval of Engineer. Set work in location, in alignment and in elevation, plumb, true and free of rack, measured from established lines and levels. D. All sign faces shall be flat, true and free from waviness; all exposed surfaces shall not deviate from flat by more than 1/16" in any 36-inch distance. E. Contractor is responsible for the location and mounting of all signs that are shown in the sign location plans and the sign message layouts. Confirm all exact locations with Engineer prior to installation. F. Contractor shall schedule installation of signs in coordination with the Engineer. 3.5 SITE QUALITY CONTROL A. Field Verification: The Contractor is responsible for field verification of dimensions, conditions, and site work progress to prevent coordination conflicts at the time of installation. 2. The Contractor is responsible for coordination with other trades. The Sign Subcontractor shall maintain document coordination with the Contractor to prevent foreseeable installation problems. Any conflicts shall be brought to the immediate attention of the Engineer. 3.6 CLEANING SIGNAGE 101400 - 15 LUBBOCK PRESTON SMITH INT'L AIRPORT 2231874.003 ROADWAY/GATEWAY SIGN REPLACEMENT A. At the completion of installation clean soiled surfaces of sign units using the recommended procedures for each finished surface of the sign. 3.7 PROTECTION A. The Contractor is responsible for the protection and of the condition of installed signs until the signs are approved. END OF SECTION 101400 SIGNAGE 101400 - 16 Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. 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