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HomeMy WebLinkAboutResolution - 2019-R0275 - Contract 14759 - 8/13/209 ADDENDUM 1 Pre Bid Time Change ITB 19-14759-JM LBB Perimeter Road Pavement Rehabilitation DATE ISSUED: June 26, 2019 CLOSE DATE: July 24, 2019 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. Pre Bid Time Change 1. The time for the pre bid will change from July 10, 2019 at 10:00 A.M. to July 10, 2019 at 1:00 P.M. All requests for additional information or clarification must be submitted in writing and directed to: Jessie Montes, Buyer City of Lubbock Purchasing and Contracts Management Office 1625 13th Street, Room 204 Lubbock, Texas 79401 Questions may be faxed to (806)775-2164 or Email to JMontes@mylubbock.us Questions are preferred to be posted on BidSync: www.bidsync.com THANK YOU, Jessie Montes CITY OF LUBBOCK Jessie Montes, Buyer 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 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. ADDENDUM 2 AddedWorkers Compensation Limit ITB 19-14759-JM LBB Perimeter Road Pavement Rehabilitation DATE ISSUED: June 28, 2019 CLOSE DATE: July 24, 2019 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. Added Workers Compensation Limit 1. The workers compensation limit has been added to the insurance requirements at $500,000. All requests for additional information or clarification must be submitted in writing and directed to: Jessie Montes, Buyer City of Lubbock Purchasing and Contracts Management Office 1625 13th Street, Room 204 Lubbock, Texas 79401 Questions may be faxed to (806)775-2164 or Email to JMontes@mylubbock.us Questions are preferred to be posted on BidSync: www.bidsync.com THANK YOU, Jessie Montes CITY OF LUBBOCK Jessie Montes, Buyer 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 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. 3-3. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 3-4. SAFETY RECORD QUESTIONNAIRE 3-5. SUSPENSION AND DEBARMENT CERTIFICATION 3-6. PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL VERIFICATION 4. LIST OF SUB-CONTRACTORS 5. PAYMENT BOND 6. PERFORMANCE BOND 7. CERTIFICATE OF INSURANCE 8. CONTRACT 9. CONFLICT OF INTEREST QUESTIONNAIRE CHAPTER 176 10. CHAPTER 46. DISCLOSURE OF INTERESTED PARTIES 11. GENERAL CONDITIONS OF THE AGREEMENT 12. CITY OF LUBBOCK WAGE DETERMINATIONS 13. SPECIAL CONDITIONS (IF APPLICABLE) 14. SPECIFICATIONS 2 NOTICE TO BIDDERS ITB 19-14759-JM Sealed bids addressed to Marta Alvarez, Director of Purchasing and Contract Management, City of Lubbock, Texas, will be received in the office of the Purchasing and Contract ManagementOffice, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 3:00 p.m. on July 24, 2019, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: LBB Perimeter Road Pavement Rehabilitation After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing and Contract Management Office and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing and Contract ManagementOffice for the City of Lubbock, before the expiration of the date above first written. Bids are due at 3:00 p.m. on July 24, 2019, and the City of Lubbock City Council will consider the bids on July 27, 2019, at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds should be issued by a company carrying a current Best Rating of . THE BONDS MUST BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND MUST BE DATED THE SAME DATE THAT THE CONTRACT WAS AWARDED.The estimated budget for the construction phase of this project is $190,000. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. It shall be each sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. th There will be a non-mandatory pre-bid conference on July 10, 2019 at 10:00 a.m., at 1625 13 Street, Purchasing Conference Room, Rm 204, Lubbock, TX 79401. Copies of plans and specifications may be obtained at Purchasing and Contract Management office. Plans and specifications can be viewed online and downloaded from http://www.bidsync.com 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. 3 Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at www.thereproductioncompany.com. ONE SET OF FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE DEPOSIT, Phone: (806) 763-7770. Deposit Checks shall be made PAYABLE TO THE CITY OF LUBBOCK, and will be refunded if documents are returned in good condition within Sixty (60) Days after the opening of bids. Additional sets of plans and specifications may be obtained at the bidde expense. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each bidder's attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises shall 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. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572or 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 AND CONTRACT MANAGEMENT 4 GENERAL INSTRUCTIONS TO BIDDERS 1BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish LBB Perimeter Road Pavement Rehabilitation per the attached specifications and contract documents. Sealed bids will be received no later than 3:00 p.m., on July 24, 2019 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: ITB 19-14759-JM, LBB Perimeter Road Pavement Rehabilitation" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Marta Alvarez, Director of Purchasing and Contract Management City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing and Contract Management Office. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2PRE-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 10, 2019 at 10:00 a.m., at 1625 13th Street, Purchasing Conference Room, Rm 204, Lubbock, TX 79401. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre-bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre-bid meeting to bidders who do not attend the pre-bid meeting. 3ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at www.bidsync.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing and Contract Management Office. At the request of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at www.bidsync.com and will become part of the 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. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing and Contract Management Office in writing or 5 in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the 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. 5BID PREPARATION COSTS 5.1 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. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in 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. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 6.4 Pursuant to Section 552.301(c) of the Texas Government Code, the City of Lubbock has designated the following email address for which public information requests may be made by an emailed request: orr@mylubbock.us. Please send this request to this email address for it to be processed. 6.5 For more information, please see the City of Lubbock Public Information Act website at: https://ci.lubbock.tx.us/pages/public-information-act 6 7LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8UTILIZATION OF LOCAL BUSINESS RESOURCES 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. 9CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth 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. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be 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. 12.2 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: Jessie Montes CTCD, Buyer City of Lubbock Purchasing and Contract Management Office th 1625 13 Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 Email: JMontes@mylubbock.us Bidsync: www.bidsync.com 7 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within14 Days from the date specified in the Notice to Proceed issued by the City ofLubbock to the successful bidder. 13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress 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. 13.3 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. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 15 AFFIDAVITS OF BILLS PAID The City of Lubbock 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. 16 MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 17 GUARANTEES 17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within TWO years from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault-free performance and fault-free result in the processing date and date-related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations 8 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. 17.4The 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 ces, its schedules, its annexes or any document incorporated in this Contract by reference. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to 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 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: (a) 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. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 20TEXAS 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 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 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 9 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. 24CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 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 O 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. 10 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. 26.2 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. 26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often 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 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. 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. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 29.3.1 Bidder's name: ________________________________________ 29.3.2 Bid for ITB 19-14759-JM, LBB Perimeter Road Pavement Rehabilitation 11 29.3.3 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. 29.4Pursuant 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. 30 BOUND COPY OF CONTRACT DOCUMENTS 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) Bidder's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub-Contractors. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 31QUALIFICATIONS OF BIDDERS 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 deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall deemed not to meet specifications or the bid may be 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 bidd (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. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub-Contractors 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. 32BID AWARD 32.1 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 12 sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Items One through Two plus the sum of any Alternate Bids or Options the City may select. 32.2All 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. 32.3 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. 32.4 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. 32.5 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. 32.6 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. 33ANTI-LOBBYING PROVISION 33.1 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. 33.2 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. 34PREVAILING WAGE RATES 34.1 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 34.2 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. 13 34.3 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock sixty dollars ($60) for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. 14 BID SUBMITTAL FORM Page Intentionally Left Blank Page Intentionally Left Blank Page Intentionally Left Blank Page Intentionally Left Blank LIST OF SUB-CONTRACTORS 1 Page Intentionally Left Blank Page Intentionally Left Blank PAYMENT BOND 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 Office of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 PERFORMANCE BOND Page Intentionally Left Blank 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 Office of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 CERTIFICATE OF INSURANCE Page Intentionally Left Blank CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE:_____________________ P.O. BOX 2000, Room 204 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 $________________ ive 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 $________________ Non-Owned Autos ___________________________ GARAGE LIABILITY Any Auto Auto Only - Each Accident$_______________ ___________________________ Other than Auto Only: Each Accident $_______________ Aggregate $_______________ 100% of the Total Contract Price $_______________ INSTALLATION FLOATER $_______________ EXCESS LIABILITY Umbrella Form Each Occurrence $_______________ Aggregate $_______________ Other Than Umbrella Form $_______________ WORKERS COMPENSATION AND 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 (Name of Insurer) MUST BE SENT TO THE CITY OF LUBBOCK 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. Page Intentionally Left Blank CONTRACT Page Intentionally Left Blank Page Intentionally Left Blank CONFLICT OF INTEREST QUESTIONNAIR CHAPTER 176 FOR VENDOR DOING BUSINESS WITH LOCAL GOVERNMENTAL ENTITY th This questionnaire reflects changes made to law by H.B. 23, 84 Leg., Regular Session Businesses and individuals doing business with the City need to file conflict of interest questionnaires with the Office of the Local government officers are also required to file when a conflict exists. The questionnaire is to be filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001 (1-a) with a local governmental entity and the vendor meets the requirements under Section 176.006(a). th than the 7 business day after the date the vendor becomes aware of the facts that require the statement to be filled. Chapter 176 of the Local Government Code requires the City Manager and Council Members to file a Conflicts Disclosure Statement regarding their relationships with City vendors (including bidders and potential vendors). The law also requires that any vendor who contracts, or seeks to contract, with the City for the sale or purchase of property, goods or services (including a bidder on a City contract) file a "Conflict of Interest Questionnaire" regarding the vendor's business relationships, if any, with Council Members or the City Manager. Compliance is the responsibility of each individual, business or agent who is subject to the law's filing requirement. Questions about compliance should be directed to your legal counsel. Office of the City Secretary 1625 13th Street, Room 206 Lubbock, TX 79401 Questionnaire is available at https://ci.lubbock.tx.us/departments/purchasing/vendor-information Texas Government Code 2252.908 Disclosure of Interested Parties Form 1295 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. §2252.908, Texas Government Code requires the commission to adopt rules necessary to implement the new disclosure requirement and to prescribe the disclosure form. 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. Section 2252.908 provides definitions of certain terms occurring in the section. House Bill 1295 provides that §2252.908 applies only to a contract entered into on or after January 1, 2016. An interested party is defined as a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts or who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker, intermediary, adviser, or attorney for the business entity. Contractors are required to acquire Form 1295 via the Texas Ethics Commission website. This requires registration, generation of Form 1295 with a unique Certificate Number & filing date, printing the form, signing, and returning the form to City of Lubbock Purchasing & Contract Management Department. Once the form is received by the Purchasing and Contract Management Department, the Buyer associated with the project will log-in to the Texas Ethics Commission portal and acknowledge receipt of the form not later than the 30th day after the date the contract for which the form was filed binds all parties to the contract. This will complete the form for the contract with which the form is associated. The completed form will be made available via the Texas Ethics Commission website. Form 1295 can be generated via the Texas Ethics Commission web portal. The website and detailed instructions are located at: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm GENERAL CONDITIONS OF THE AGREEMENT Page Intentionally Left Blank 8. 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 PLANSAND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished ten 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 Representative will not be required to makeexhaustive or continuous onsite inspections to check the quality or techniques, sequences or procedures, or the safety precautions incident thereto. 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. 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 Representativeto 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 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 Representative within fifteen 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 orinspectors 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 objectionsshall 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 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 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 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 incompetent, unfaithful, disorderly, or otherwise unacceptable t 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 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 esentative 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 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 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY insurance company licensed to transact business in 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, expenses, in connection with, incident to, related to, or arising out 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 -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 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 Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and $1,000,000 per occurrence to include: Products & Completed Operations Hazard 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. NOT REQUIRED E. Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The Contractor shall have Umbrella Liability Insurance in the amount of $4,000,000 per occurrence on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. 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 $1,000,000 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 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. F. 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 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 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- Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or ; (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 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 manufactureror 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 f 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 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 $250 PER 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 $250 PER 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 within twenty (20) 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 quantities32 note 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 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. 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 precedi 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 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. Payment for materials on hand and delivered to the project site will be limited to 100 percent less the 5 percent standard retainage until actually incorporated into the project. 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 -one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT final completion, the Owner's Representative shall proceed to make final measurement to determine whether final Owner shall pay to the Contractor on or before the 31st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time 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 Representative. 46. PAYMENT WITHHELD resentative 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 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 or deemed denial by the by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver 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. 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. 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 $25,000. All bonds shall be submitted on forms supplied by the Owner, and executed 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 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 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, d request consent therefrom, at least twenty (20) days prior requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of receipt of said request, said request shall be deemed to be denied. 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. HOUSE BILL 2015 House Bill 2015 signed by the Governor on June 14, 2013 and effective on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain services with a governmental entity and who fails to properly classify their workers. This applies to subcontractors as well. Contractors and subcontractors who fail to properly classify individuals performing work under a governmental contract will be penalized $200 for each individual that has been misclassified (Texas Government Code Section 2155.001). 60. 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. 61. HOUSE BILL 1295: DISCLOSURE 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. SB 252 SB 252 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.HB 793 Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. CITY OF LUBBOCK WAGE DETERMINATIONS Page Intentionally Left Blank EXHIBIT A City of Lubbock Building Construction Prevailing Wage Rates Craft Hourly Rate Automatic Fire Sprinkle Fitter, Certified 28.00 Block, Brick, and Stone Mason 23.00 Carpenters-Acoustical Ceiling Installation 16.00 Carpenter-Rough 13.00 Carpenter-All other work 16.50 Caulker/Sealers 12.00 Cement & Concrete Finishers 16.67 Commercial Truck Drivers 10.26 Crane & Heavy Equipment Operator 20.00 Door & Hardware Specialist 16.00 Drywall and Ceiling Tile Installers 16.00 Drywall Finishers & Tapers 12.00 Electrician 21.21 Floor Layers-Carpet and Resilient 18.00 Floor Layers-Specialty 18.00 Floor Layers-Wood 18.00 Glaziers 17.00 Heating, Air Conditioning & Refrigeration Svc. Tech 21.31 HVAC Mechanic Helper 13.62 HVAC Sheet metal Ductwork Installer 19.30 HVAC Sheet metal Ductwork Installer Helper 13.85 Insulation Workers-Mechanical 12.00 Irrigator-Landscape Certified 13.50 Laborer: Common or General 11.65 Laborer: Mason Tender-Brick 17.00 Laborer: Mason Tender-Cement/Concrete 16.92 Laborer: Roof Tear off 11.09 Roofer 17.44 Painters (Brush, Roller & Spray) 12.00 Paper Hanger 13.00 Pipe Fitters & Steamfitters 24.10 Plaster, Stucco, Lather and EIFS Applicator 17.00 Plumber/Medical Gas Installer 22.83 Plumber Helper 14.20 EXHIBIT B City of Lubbock Heavy and Highway Prevailing Wage Rates Craft Hourly Rate Power Equipment Operator-Tower Crane 30.00 Hydraulic Crane Operators 60 tons & above 32.00 Operator Backhoe/Excavator/Truck hoe 20.25 Bobcat/Skid Steer/Skid Loader 15.22 Drill 16.00 Grader Blade 18.00 Loader 18.00 Mechanic 22.85 Paver (Asphalt, Aggregate, & Concrete) 17.00 Roller 15.00 Reinforcing Iron & Rebar Workers 14.33 Sheet Metal Workers, Excludes HVAC Duct Installation 21.38 Structural Iron & Steel Workers/Metal Building Erector 15.00 Asphalt Distributor Operator 16.50 Asphalt Paving Machine Operator/Spreader Box Operator 18.75 Backhoe Operator 18.00 Cement Mason/Concrete Finishers (Paving Structures) 15.00 Crane Operator (Hydraulic) 25.00 Electrician 17.50 Laborer 13.50 Laborer, Common 15.64 Laborer, Utility 13.50 Crane, Lattice Boom 80 Tons or Less 30.00 Loader/Backhoe 18.00 Roller/Other 15.00 Welder Certified/Structural Steel Weld 25.00 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 LaborStandards Act. The rate for legal holidays shall be as required by the Fair Labor Standards Act. Page Intentionally Left Blank SPECIFICATIONS Project Manual Emulsified Asphalt Seal Coat of Airport Perimeter Road Lubbock, Texas June 2019 PSC Project #01271619 Project Manual Emulsified Asphalt Seal Coat of Airport Perimeter Road Lubbock, Texas ЏΉЊАΉЊВ June 2019 PSC Project #01271619 TABLE OF CONTENTS Bid Form Special Provisions TECHNICAL SECTIONS FAA AC 150/5370-10H Item C-105 Mobilization Item P-608 Emulsified Asphalt Seal Coat APPENDIX APPENDIX A SEAL COAT PLAN AND SAFETY/PHASING NOTES APPENDIX B FAA AC 150/5370-2G 01271619 TABLE OF CONTENTS TOC -1 06/19 SPECIAL PROVISIONS SP-1 SCOPE OF WORK Work to be accomplished under these specifications, including the plans, consists of construction work for the Lubbock Preston Smith International Airport (LBB), including but not limited to, construction of emulsified asphalt seal coat on the airport perimeter road. Project also involves cleaning and preparation work which are considered incidental to application of the emulsified asphalt seal coat. All labor, materials and equipment necessary to complete Work called for in these specifications and shown on the plans shall be furnished by Contractor. Payment for the various items of work will be made as specified under the various payment paragraphs of the technical sections. SP-2 BASIS OF CONTRACT AWARD Award of this contract will be made on the basis of the lowest responsive/responsible bidder. Refer to the City of Lubbock, Texas boiler plate documents for additional information. SP-3 TIME AND ORDER OF COMPLETION The construction covered by these specifications shall be completed (final completion) within 14 calendar days after the date of written Notice to Proceed. Contractor may commence work upon receipt of the executed contract th and shall commence work not later than the tenth (10) day after the date of the Notice to Proceed. Contractor will be permitted to prosecute certain portions of Work in the order and manner of his own choosing to the best interest of Project. However, Work shall be conducted in such manner and with such materials, equipment and labor as may be required to insure completion in accordance with the plans and specifications within the time stated in the Proposal and in the Contract. Contractor shall furnish Owner with his proposed progress schedule and Quality Control Plan for approval by Owner before work is commenced on Project. Other contractors may be performing work for Owner in the same general area as that covered under this contract. Contractor shall be expected to coordinate his work with Work of other contractors as may be required to insure that all work can be carried out with the least possible interference with the operation of other contractors or Owner. Contractor's coordination with other contractors shall require the approval of Owner. Owner reserves the right to control and direct the sequence of operations in the areas where others will be working. Provision shall be made for other contractors to have suitable space to work and for storage of materials, as well as access to these areas. Contractor shall be responsible for scheduling and implementing the various separate construction operations involved in the construction of the improvements included in this project. Completion shall be within the time frames specified below. Contractor will prepare and submit for review his recommended phasing/scheduling plan in accordance with the following general guidelines. Contractor shall note that the airport perimeter road shall be treated half width at a time so airport operations can continue unobstructed on the other half. 01271619 Special Provisions - 1 06/19 Liquidated damages will be assessed for delayed completion in the amount listed below per calendar day for each individual phase or subphase (Refer to Plans for specific scope of each Phase). 1 Overall Project (Final Completion, within 14 calendar days $250/Calendar Day following substantial completion) Storm Water Pollution Prevention Plan measures are not required since disturbed area is less than 1 acre, unless Contractor intends to disturb significant area when staging. In all phases of work, Contractor shall keep all equipment, personnel, etc. clear of the protected surfaces on the airfield and shall remain under supervision of LBB Airfield Operations. Any deviation from the above sequences of construction must be submitted by Contractor in writing and will require the prior approval of Owner. Contractor shall schedule his work well in advance of actual operations and shall keep Owner advised of this schedule so close coordination can be maintained with the Director of Aviation. SP-4 CALENDAR DAY Time for completion of Project and for liquidated damages shall be in accordance with the provisions of these specifications. A calendar day is defined as every day shown on the calendar. Valid weather days will be considered by Owner. SP-5 LIMITATION OF OPERATION Each item of work shall be completed without delay and in no instance shall Contractor be permitted to transfer his forces from uncompleted work to new work without the permission of Owner. Contractor shall be required to submit a schedule of operations to Owner for approval. Contractor shall not commence new work to the prejudice of work already started. Contractor shall take all precautions necessary to insure the safety of operating aircraft and their passengers as well as that of his own equipment and personnel. Special considerations shall be given to flight schedules and other aircraft operations. Contractor shall obey all instructions as to routes to be taken by equipment traveling within the airport area. Contractor shall provide all such equipment with a flag on a staff so attached to the equipment that the flag will be readily visible. The flag shall be not less than three feet square consisting of a checkered pattern of international orange and white squares of not less than one foot on each side. If nighttime work is required, Contractor shall provide such equipment with approved flashing lights so attached to the equipment that the lights will be readily visible. Contractor shall make his own estimate of all difficulties to be encountered. Equipment not actually in operation shall be kept clear of landing areas; personnel shall not enter areas of the airport where aircraft are operating without specific permission. Nighttime construction activities must be coordinated with Owner. All operations shall be coordinated, through Owner, with the Director of Aviation, to the end that no interference with aircraft traffic on active runways, taxiways or aprons will result from the operations of Contractor. CONSTRUCTION ACTIVITIES NOT ALLOWED WITHIN SAFETY AREA OF ANY ACTIVE RUNWAY OR TAXIWAY. Contractor shall, at a minimum, use the procedures required in AC 150/5370-2 (latest version) for construction within the AOA. Safety areas for runways and taxiways can be obtained from Owner if necessary. Contractor shall maintain flagmen, as may be required, to direct his construction traffic if it becomes necessary for such traffic to cross or travel along any active taxiway or runway. Traffic shall be directed away from these 01271619 Special Provisions - 2 06/19 facilities whenever possible and no traffic shall ever cross an active runway or taxiway without having proper clearance from the control tower. At all times, Contractor equipment and employees shall be under direct escort by LBB Operations. Trenches and manhole excavations within the limits of the safety area of any airfield paving shall be backfilled as outlined in these specifications by the end of Work day or work period. Excavations outside the safety areas of any active airfield paving shall be barricaded as outlined in these specifications to the satisfaction of Owner by the end of each work day or work period. All excavations shall be backfilled as soon as practicable. No open excavations shall be allowed within the safety area of any active airfield pavement unless otherwise approved by Owner. The FAA considers any deviation of more than 3-inches above or below the existing grade to be a hazard to aircraft operations. The FAA may issue warnings or fine the Airport for these violations. Such fines as may be handed out by the FAA as a result of Contractor's activities shall be considered Contractor's responsibility, and shall be promptly paid by Contractor, at his sole expense. Contractor shall schedule his work well in advance of actual operations and shall keep Owner advised of this schedule so that close coordination can be maintained with the Director of Aviation. Runways and taxiways are not anticipated to be closed during execution of Work. Contractor shall exert every effort to maintain the safety of aircraft traffic and shall acquaint himself with the rules and regulations concerning aircraft traffic safety. Violations of the safety rules by Contractor's workmen shall result in the discharge of such men in accordance with the General Conditions. Continued violations of safety rules and regulations by Contractor, after having been notified of such violations by Owner, shall constitute grounds for suspending Contractor's operations until steps are taken that will insure a safe operation. Contractor shall provide an area for parking all equipment not being used for construction purposes, and for parking of employee vehicles. This area shall be located away from the operational area of the airport in an area approved by Director of Aviation. No unauthorized employees or unauthorized vehicles will be allowed within the operational area of the airport. Hauling routes shall not be along or across any paved airport street, road, apron, taxiway or runway without specific written authorization from Director of Aviation. Any damage incurred by Contractor's equipment shall be repaired by and at the expense of Contractor, and as required by Director of Aviation. Contractor shall not permit water to stand in any excavation adjacent to existing pavements. To insure compliance with this requirement Contractor shall maintain at the site not less than two dewatering pumps in good working condition at all times that any excavation adjacent to existing pavements is open. No work other than dewatering operations will be permitted on Project at any time water is standing in open excavations. Contractor shall maintain the pavement surfaces which are allowed to be used as hauling routes, in a clean condition, as determined by the Director of Aviation. Contractor shall be subject to a pre-construction conference to discuss phasing and project safety control after award of contract. If Contractor would like to amend the proposed phasing plan it will be discussed, reviewed and approved or modified at this meeting. SP-6 AIRPORT OPERATIONS SECURITY SP-6.1 General Airport security is a vital part of Contractor's responsibilities during the course of this project. The following security guidelines and the rules and regulations of the Lubbock Preston Smith International Airport (LBB) and the Transportation Security Administration (TSA) shall be followed by Contractor and Contractor's employees, subcontractors, suppliers and representatives at all times during the execution of this project. Contractor 01271619 Special Provisions - 3 06/19 shall be directly responsible for any and all fines or penalties levied against the Airport as a result of any breach of security or safety caused by Contractor or Contractor's employees, subcontractors, suppliers or representatives. SP-6.2 Airport Operations Area (AOA) The Airport operations area (AOA) shall be defined as any portion of the Airport property normally secured against unauthorized entry. The AOA includes all areas specifically reserved for the operations of aircraft and aircraft support equipment and personnel. Generally, the AOA is defined by the Airport's outer security fencing and other security measures at the Airport terminal building. When necessary to cross pavement surface on the airfield, Contractor shall inspect all paved surfaces for Foreign Object Debris (FOD), on a daily basis and prior to reopening pavement surface to air traffic. DO NOT leave access through secure fence at any time. SP-6.3 Airport Operations-Issued Security Badges LBB security badges will not be required. All work will be performed under direct supervision and escort by LBB Operations. All Contractor employees shall remain within close proximity of the LBB escort. SP-6.4 Contractor-Issued Identification Badges - Not Used. SP-6.5 Contractor's Entrance Gate Adjacent to Contractor's entrance gate, outside the AOA, Contractor shall provide a parking area for Contractor's employee's personal automobiles. The limits of this parking/storage area shall be as directed by Owner. At the completion of this project, any damage done by Contractor to this area shall be repaired to the satisfaction of Owner at no additional cost to Owner. Repairs shall include, but not be limited to, regrading and reseeding or repaving any damaged areas. LBB Operations shall control all movement through Contractor's entrance gate. Only authorized personnel and vehicles shall be allowed to enter the AOA through this gate. Gate shall be securely locked at all times to prevent entrance by unauthorized persons or vehicles. SP-6.6 Vehicle Escorts All vehicles responsible to Contractor, such as supplier's vehicles, entering the AOA shall be escorted by LBB Operations from the point of AOA entry to the construction site. SP-6.7 Challenging Unauthorized Personnel or Vehicles Not Used SP-6.8 Cranes or Hoists Any construction activity utilizing a crane or any other hoisting device shall have the prior, written approval of the Federal Aviation Administration. Contractor shall be responsible for filing the prescribed forms for airspace clearance in accordance with Part 77 of the Federal Aviation Regulations. Applications for airspace clearance must be submitted at least thirty (30) days prior to the beginning of construction activities. To avoid construction delays, Contractor is urged to file the prescribed forms in a timely manner. Airspace clearance from the FAA must be approved prior to the erection of the crane or other hoisting device. When requesting approval for the use of a crane or other hoisting device, the following information is required: 1. Exact location of construction activities utilizing a crane or other hoisting device. 2. Maximum extendable height of crane or other hoisting device. 3. Duration of construction activities utilizing a crane or other hoisting device. 4. Daily hours of crane or other hoisting device operation. Top of crane or other hoisting device shall be marked with a 3-foot by 3-foot safety-orange and white checkered flag. The crane or other hoisting device shall be lowered at night or at the conclusion of 01271619 Special Provisions - 4 06/19 construction activities, or during periods of poor visibility (ILS conditions) as directed by the Director of Aviation, or at any other time at the direction of the Director of Aviation. Contractor shall notify Engineer and Director of Aviation at least forty-eight (48) hours prior to actual erection of the crane or other hoisting device. SP-7 CONTRACTOR'S PLANT SITE, STORAGE AND OFFICE AREA(S) Contractor shall make his own provisions for storage and office areas (if required). If Contractordesires to utilize an on-airport location, arrangements must be made with the Director of Aviation. The following specific requirements apply to on-airport storage and office areas. 1. Contractor will be held completely responsible for any damage or deterioration in areas allowed for Contractor's use. Contractor will also be responsible for maintenance of areas and dust control for the duration of Project. 2. Direct negotiation may be conducted with the Director of Aviation for any areas desired. Areas used by Contractor may be subject to rental rates and fees as identified by the Director of Aviation. 3. Any areas occupied by Contractor and his forces will be required to be completely restored by Contractor, at his expense, including but not limited to regrading disturbed areas; complete removal of debris or any other material brought onto the site by Contractor; complete replacement of topsoil, turf, asphalt pavement, concrete slabs or drives, etc. that is worn, deteriorated or damaged during the period Contractor and his forces occupy the area. All restoration shall be to the satisfaction of the Director of Aviation. 4. Prior to moving into an unpaved area, Contractor shall clear and grub the area, and remove and stockpile a minimum of 6-inches of existing topsoil. After completion of Project and after clearing the site of materials, equipment and debris, Contractor shall replace, spread and grade the salvaged topsoil, followed by seeding and fertilizing. 5. All restoration activities shall be accomplished in accordance with Owner input. 6. No direct payment will be made to Contractor for preparing or restoring plant site haul routes, storage or office areas. SP-8 PROTECTION OF PROPERTY Contractor shall exercise care to prevent damage to all structures, either above or below ground, including buildings, fences, pipelines, utilities, roads, etc., whether publicly or privately owned and including work performed by others. Contractor shall be responsible for locating all underground facilities that might be damaged by the proposed construction. Contractor shall be responsible for all damage done to either public or private property during the course of construction except as specifically provided otherwise in these specifications. Various underground utilities exist on site. Contractor is herein warned that unmarked utilities may exist within the construction area. Prior to construction, Contractor shall coordinate his activities with FAA, LBB, and other utility owners. Runway and taxiway lights and signs and electrical cables are not scheduled to be removed or abandoned under this contract. Contractor shall take all steps necessary to protect these existing facilities during construction to assure continuous operation of lights for runways and taxiways which will be open for night operations. Contractorshall protect existing lighting fixtures from damage during construction by his operations. An inventory of existing fixtures shall be taken before construction begins and Contractor shall be responsible for the cost of replacement of any fixtures damaged by his operations. 01271619 Special Provisions - 5 06/19 SP-9ELECTRIC POWER AND NATURAL GAS Contractor shall make his own provisions for his electrical, natural gas and other fuel requirements and shall pay for electricity, gas or fuel consumed during the construction of Project. Contractor shall construct his own service lines and such construction shall be in strict accordance with all applicable codes and laws. SP-10 LINES AND GRADES Contractor will be responsible for laying out Work from existing paving and structures (if necessary). Owner will take all measurements necessary for the determination of the amount of work performed under the various items for which payment is provided. Whenever necessary, work will be suspended to permit this work, but such suspension will be as brief as practicable and Contractor shall be allowed no extra compensation therefor. Contractor shall satisfy himself as to the accuracy of all measurements before constructing any permanent structure and shall not take advantage of any errors which may have been made in laying out Work. In case of negligence on the part of Contractor or his employees, resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing same may be deducted from subsequent estimates due Contractor, at Owner discretion. SP-11 WATER FOR CONSTRUCTION Contractor shall make his own provisions for his water requirements and shall pay for all water consumed during the construction of Project. Contractor shall make his own arrangements for connections to existing water mains and fire hydrants and piping or hauling the water to the point where the water is required, all at his own expense. Arrangements for the location of water sources and for payment for water consumed by Contractor during construction shall be made directly with the City of Lubbock water utility department. SP-12 MATERIAL TESTS Various tests on materials of construction are required in the specifications. In general, Contractorshall bear the cost of all material tests required before approval of a material source or mix design. The City will bear the cost of all passing commercial laboratory tests required during construction and Contractor shall bear the cost of all failing construction tests. The following is a summary of tests required of Contractor. P-608 Emulsified Asphalt Seal Coat Tests required, prior to use, for approval of source and content. Where only small amounts of any material are used or where compliance with the specifications can be determined by visual inspection, no tests are required. Certificates of compliance shall be required on all materials not tested. All materials proposed to be used may be tested at any time during their preparation and use. If, after trial, it is found that sources of supply which have been approved do not furnish a product of uniform quality or if the product from any source proves unacceptable at any time, Contractor shall furnish approved material from another source. SP-13 BARRICADES, SIGNS, AND HAZARD MARKINGS Barricades, signs, and hazard markings are not required on this Project. 01271619 Special Provisions - 6 06/19 SP-14PREVENTION OF AIR AND WATER POLLUTION Contractor shall determine need for Storm Water Pollution Prevention Plan based on amount of disturbed acreage. SP-15 PROGRESS SCHEDULE Within ten (10) days after award of the contract, Contractor shall submit a progress schedule for Project. The progress schedule shall be prepared in a form suitable to Owner and shall show the proposed starting and completion dates for each phase of construction and each item of work within each phase. Revision or changes in the approved progress schedule may be made only with approval of Owner. SP-16 PUBLIC CONVENIENCE AND SAFETY Materials stored on the airport shall be so placed and Work shall, at all times, be so conducted as to cause no greater obstruction to the air and ground traffic than is considered necessary by Engineer. In protecting operational areas, the minimum clearances maintained for runways shall be in agreement with Part 77 of the Federal Aviation Regulations. During construction of Project, Contractor shall also maintain operational safety on the Airport in accordance with FAA's Advisory Circular 150/5370-2 (latest version), "Operational Safety on Airports During Construction," included in the Appendix of these Specifications. No runway, taxiway, apron, or roadway shall be closed or opened except by express permission from Director of Aviation. Contractor shall be responsible for maintaining the pavement free of all rocks, gravel, dirt and other debris in areas where hauling is permitted on or across any active apron, runway or taxiway, or in areas temporarily closed which are subject to opening on short notice. All rocks, gravel, dirt or other debris shall be removed immediately by Contractor. SP-17 FINAL CLEANING UP As each intermediate phase of work is completed and prior to opening any portion of any airfield apron, runway or taxiway, Contractor shall be responsible for cleaning the construction site and adjacent pavement as specified above. Upon completion of Work and before acceptance and final payment will be made, Contractor shall remove from the site all machinery, equipment, surplus, and discarded materials, rubbish and temporary structures. Material cleared from the site and deposited on property adjacent, will not be considered as being disposed of satisfactorily. The cost of the "Cleanup" shall be included as a part of the cost of the various items of work involved, and no direct compensation will be made for this work. SP-18 INSURANCE Contractor shall not begin work under this contract until he has obtained all insurance as required in the General Conditions of the Agreement, has furnished proof of same to Owner, and Owner shall have approved same. The insurance coverage indicated in the General Conditions shall also include Engineer, Parkhill, Smith & Cooper, Inc. as an additional insured. A certificate of Insurance is included in the specifications and Contract Documents for this project. Contractor will be required to have five (5) extra copies of this certificate executed by his insurance company or companies. This certificate will become a part of the Contract Documents and must be included with the Contract 01271619 Special Provisions - 7 06/19 Documents before execution by the City of Lubbock. Coverages specified herein apply to all operations of Contractor in connection with this work, including automobiles and other vehicles. Coverage shall extend to all subcontractors unless proof of minimum coverage required is submitted separately by each subcontractor not so covered. SP-19 REMOVAL AND DISPOSAL OF STRUCTURES, UTILITIES, AND OBSTRUCTIONS Not Used SP-20 CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS Finished surfaces shall conform to the lines, grades, cross sections and dimensions. Any deviation from the plans which may be required by the exigencies of construction shall be determined by Owner and authorized in writing. SP-21 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK All work which has been rejected or condemned shall be repaired or, if it cannot be satisfactorily repaired, removed and replaced at Contractor's expense. Materials not conforming to the requirements of the specifications shall be removed immediately from the site of Work and replaced with satisfactory material by Contractor at his expense. Work done beyond that shown on the plans, or as given, except as herein provided, work done without proper inspection, or any extra or unclassified work done without written authority and prior agreement in writing as to prices, will be done at Contractor's risk and will be considered unauthorized and, at the option of Owner, may not be measured and paid for and may be ordered removed and replaced at Contractor's expense. Upon the failure of Contractor to repair satisfactorily or to remove and replace, if so directed, rejected, unauthorized, or condemned work or materials immediately after receiving formal notice from Owner, Owner may recover for such defective work or materials on Contractor's bond, or by action in a court having proper jurisdiction over such matters, or may employ labor and equipment and satisfactorily repair or remove and replace such work and charge the cost of the same to Contractor, which cost will be deducted from any money due him. SP-22 DISPUTED CLAIMS FOR EXTRA WORK In case Contractor deems extra compensation is due him for work on materials not clearly covered in the contract, or not ordered by Owner as an extra, Contractor shall notify Owner in writing of his intention to make claim for such extra compensation before he begins Work on which he bases the claim and shall afford Engineer every facility for keeping actual cost of Work. Failure on the part of Contractor to give such notification or to afford Ownerproper facilities for keeping strict account of actual costs shall constitute a waiver of the claim for such extra compensation. The filing of such notice by Contractor and the keeping of costs by Owner shall not in any way be construed to prove validity of the claim. When Work has been completed, Contractor shall within 10 days file his claim for extra compensation with Owner. SP-23 FEDERAL PARTICIPATION Not Used SP-24 INDEMNIFICATION Contractor shall indemnify and hold harmless and defend Owner, Engineer and all of Owner's officers, agents and employees from all suits, actions, claims, damages, personal injuries, losses, property damage and expenses of any character whatsoever, including attorney's fees, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act of Contractor, their agents or employees, 01271619 Special Provisions - 8 06/19 or any subcontractor, in the execution, supervision and operations growing out of or in any way connected with the performance of this contract, and Contractor will be required to pay any judgment with costs which may be obtained against Owner, Engineer or any of its officer, agents or employees, including attorney's fees. Contractor shall indemnify and hold harmless and defend Owner, Engineer and all of Owner's officers, agents and employees from all suits, actions, claims, damages, personal injuries, property damage, losses and expenses of any character whatsoever, including attorney's fees, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any claimed negligent act of Owner, Engineer, Owner's officers, agents and employees, whether such negligent act was the sole proximate cause of the injury or damage or a proximate cause jointly and concurrently with Contractor or Contractor's employees, agents or subcontractors negligence, in the execution, supervision and operations growing out of or in any way connected with the performance of this contract, and Contractor will be required to pay any judgment with costs which may be obtained against Owner, Engineer or any of its officers, agents or employees, including attorney's fees. Contractor agrees that he will indemnify and save Owner and Engineer harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, power tools, all supplies, including commissary incurred in the furtherance of the performance of this contract. When Owner so desires, Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. SP-25 OPENING OF SECTION OF AIRPORT TO TRAFFIC Whenever, in the opinion of LBB Operations, pavement is in an acceptable condition, it may be opened to traffic upon the written order of Owner. The opening of any section of Work will be held as an acceptance of said section but shall not be considered as a waiver of any of the provisions of these specifications or contract. Pending final completion and acceptance of Work, all necessary repairs and renewals on any section opened, due to defective material or work, to natural causes other than ordinary wear and tear, or to the operations of Contractor, shall be performed by and at the expense of Contractor. SP-26 CONTRACTOR'S RESPONSIBILITY FOR WORK Until acceptance by Owner of any part or all of the construction, as provided for in these specifications, it shall be under the charge and care of Contractor, and he shall take every necessary precaution against injury or damage to any part of Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non-execution of Work. Contractor shall rebuild, repair, restore, and make good, at his own expense, all injuries or damage to any portion of Work occasioned by any of the above causes before its completion and acceptance. SP-27 CORRECTION OF FAULTY WORK AFTER FINAL PAYMENT The making of the final payment by Owner to Contractor shall not relieve Contractor of responsibility for faulty materials or workmanship. Contractor shall promptly replace any such defects discovered within one year from the date of written acceptance of Work. The Performance Bond shall remain in effect until one year after the date of the written acceptance of Work to insure compliance by Contractor with the requirements of this paragraph. SP-28 SEPARATE CONTRACTS Owner reserves the right to let other contracts in connection with or in the vicinity of Project. Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution 01271619 Special Provisions - 9 06/19 of their work, and shall coordinate his work and theirs. Contractor's coordination with other contractors shall require the approval of Engineer. See Paragraph SP-3 for additional requirements concerning separate contracts. SP-29 SHOP DRAWINGS AND SUBMITTAL PROCEDURES Contractor shall submit to Owner with such promptness as to cause no delay in his own work or in that of any other Contractor, six copies unless otherwise specified, of all shop and/or setting drawings and schedules required for Work of the various trades, and Owner shall pass upon them with reasonable promptness, making required corrections. Contractor shall make any corrections required by Engineer, file with him the corrected copies and furnish such other copies as may be needed. If Contractor and/or the Manufacturer desires additional approved sets, the number of final copies submitted shall be the four copies for Owner plus the copies desired by Contractor and/or Manufacturer. Owner approval of such drawings or schedules shall not relieve Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called Engineer's attention to such deviations at the time of submission nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. Transmit each submittal with Contractor's standard transmittal letter including Contractor's name, address and phone number. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate. Apply Contractor's stamp, signed or initialed certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of Work and Contract Documents. Schedule submittals to expedite Project, and deliver to Owner at his business address. Coordinate submission of related items. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. Format 1. Submit all submittals digitally using .PDF file extension. Each submittal shall be a single .PDF file including transmittal letter. Multiple files for the same submittal will not be accepted. 2. Submittals in any other format, including .ZIP files, will be rejected. 3. Hard copies will not be accepted. 4. To ensure each page is legible, .PDF pages of drawings shall be the same size/scale as a hard copy. Where applicable, scale symbols should be provided to indicate scale. Illegible submittals will be rejected. The submittal procedures described in this Article applies to the Construction Progress Schedule, Products List, Shop Drawings, Product Data, Samples (actual samples to be submitted, not digital files), Design submitted to Owner. SP-30 ENGINEER Whenever the word Engineer is used in this contract, it shall be understood as referring to Parkhill, Smith & Cooper, Inc., Consulting Engineers, Abilene, Albuquerque, Amarillo, Arlington, Austin, El Paso, Frisco, Lubbock, and Midland, Texas and Las Cruces, New Mexico, Engineer of Owner, or such other Engineer, Supervisor or Inspector as may be authorized by said Owner to act in any particular. SP-31 TRENCH SAFETY If applicable, Contractor shall strictly comply with all requirements of the Occupational Safety and Health Administration (OSHA) Manual, Chapter XVII, Subpart P - EXCAVATION, TRENCHING AND SHORING for all trenching and excavation operations. 01271619 Special Provisions - 10 06/19 If depths of trenches are encountered which are over five (5) feet, Contractor shall cut the trench walls to the angle of repose of the soils encountered, or shall provide alternate shoring details as prepared by a Licensed Professional Engineer in the State of Texas. SP-32 SP-33 PROGRESS MEETINGS Progress meetings will be scheduled by Owner. SP-34 AIRCRAFT RESCUE AND FIREFIGHTING (ARFF) NOTIFICATION Owner shall be notified in writing at least seventy-two (72) hours in advance if any water line or fire hydrant will be out of service. Seventy-two (72) hour advance notification shall also be provided prior to performing any work that may close or affect an emergency rescue and firefighting route. SP-35 GEOTECHNICAL INFORMATION Not Used SP-36 OVERHEAD EQUIPMENT SAFETY Where applicable, Contractor shall strictly comply with all requirements of the Occupational Safety and Health Administration (OSHA) OSHA A26.550 (a) (15) when operating cranes and overhead equipment in the vicinity of overhead power lines. 01271619 Special Provisions - 11 06/19 12/21/2018 AC 150/5370-10H Item C-105 Mobilization 105-1 Description. This item of work shall consist of, but is not limited to, work and operations necessary for the movement of personnel, equipment, material and supplies to and from the project site for work on the project except as provided in the contract as separate pay items. 105-2 Mobilization limit. Mobilization shall be limited to 5 percent of the total project cost. 105-3 Posted notices. Prior to commencement of construction activities, Contractor must post the following documents in a prominent and accessible place where they may be easily viewed by all employees of the prime Contractor and by all employees of subcontractors engaged by the prime Contractor: Equal the Office of Federal Contract Compliance Programs Executive Order 11246, as amended; Davis Bacon Wage Poster (WH 1321) - -Bacon Wage Rate Determination. These notices must remain posted until final acceptance of the work by Owner. 105-4 Engineer/RPR field office. Engineer/RPR field office is not required. METHOD OF MEASUREMENT 105-5 Basis of measurement and payment. partial payments will be allowed as follows: a. With first pay request, 25 percent. b. When 25 percent or more of the original contract is earned, an additional 25 percent. c. When 50 percent or more of the original contract is earned, an additional 40 percent. d. After Final Inspection, Staging area clean-up and delivery of all Project Closeout materials as required, the final 10 percent. BASIS OF PAYMENT 105-6 Payment will be made under: Item C-105 Mobilization REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. Office of Federal Contract Compliance Programs (OFCCP) Executive Order 11246, as amended EEOC-P/E-1 Equal Employment Opportunity is the Law Poster United States Department of Labor, Wage and Hour Division (WHD) WH 1321 Employee Rights under the Davis-Bacon Act Poster END OF ITEM C-105 Item C-105 Mobilization 1 12/21/2018 AC 150/5370-10H Item P-608 Emulsified Asphalt Seal Coat 608-1.1 This item shall consist of the application of a emulsified asphalt surface treatment composed of an emulsion of natural and refined asphalt materials, water and a polymer additive, for taxiways and runways with the application of a suitable aggregate to maintain adequate surface friction; and airfield secondary and tertiary pavements including low-speed taxiways, shoulders, overruns, roads, parking areas, and other general applications with or without aggregate applied as designated on the plans. Seal coat, asphalt sealer, and asphalt material are interchangeable throughout this specification. Emulsified asphalt means an emulsion of natural and refined asphalt materials. MATERIALS 608-2.1 Aggregate. The aggregate material shall be a dry, clean, dust and dirt free, sound, durable, angular shaped manufactured specialty sand, such as that used as an abrasive, with a Mohs hardness of 6 to 8. Contractor shall submit the specialty sand Certificate of Analysis (COA) indicating that the specialty sand meets the requirements of the specification to Owner prior to start of construction. The sand must be approved for use by Owner and shall meet the following gradation limits when tested in accordance with ASTM C136 and C117: 1 Aggregate Material Gradation Requirements Sieve Designation (square openings) Individual Percentage Retained by Weight No. 10 0 No. 14 0-4 No. 16 0-8 No. 20 0-35 No. 30 20-50 No. 40 10-45 No. 50 0-20 No. 70 0-5 No. 100 0-2 No. 200 0-2 1 Locally available sand or abrasive material slightly outside of gradation requirements may be approved by Owner with concurrence by seal coat manufacturer for use of locally available sand or abrasive material. Owner and manufacture application of Control strips indicated under paragraph 608-3.2. Contractor shall provide a certification showing particle size analysis and properties of the material delivered for use on the project. Contractor material delivered for use on the project. Item P-608 Emulsified Asphalt Seal Coat 1 12/21/2018 AC 150/5370-10H 608-2.2 Asphalt Emulsion.The asphalt emulsionshall meet the propertiesin the following table: Concentrated Asphalt Emulsion Properties Properties Specification Limits Viscosity, Saybolt Furol at 77°F ASTM D7496 20 100 seconds Residue by Distillation or Evaporation ASTM D6997 or 57% minimum ASTM D6934 Sieve Test ASTM D6933 0.1% maximum 24-hour Stability ASTM D6930 1% maximum 5-day Settlement Test ASTM D6930 5.0% maximum 1 Particle Charge ASTM D7402 Positive 6.5 maximum pH 1 pH may be used in lieu of particle charge test which is sometimes inconclusive in slow setting, asphalt emulsions. The asphalt material base residue shall contain not less than 20-percent gilsonite, or uintaite and shall not contain any tall oil pitch or coal tar material and shall contain no less than 1 percent polymer. Tests on Residue from Distillation or Evaporation Properties Specification Limits Viscosity at 275°F ASTM D4402 1750 cts maximum Solubility in 1, 1, 1 trichloroethylene ASTM D2042 97.5% minimum Penetration ASTM D5 50 dmm maximum Asphaltenes ASTM D2007 15% minimum Saturates ASTM D2007 15% maximum Polar Compounds ASTM D2007 25% minimum Aromatics ASTM D2007 15% minimum The asphalt emulsion, when diluted in the volumetric proportion of two parts concentrated asphalt material to one part hot water shall have the following properties: Two-to-One Dilution Emulsion Properties Properties Specification Limits In Ready-to-Apply Form, two parts concentrate to one part water, by volume Viscosity, Saybolt Furol at 77°F ASTM D7496 5 50 seconds ASTM D6997 or Residue by Distillation or Evaporation 38% minimum ASTM D6934 1 Pumping Stability Pass 1 Pumping stability is tested by pumping 1 pint of seal coat diluted one part concentrate to one part water, at 77°F, through a 1/4-inch gear pump operating 1750 rpm for 10 minutes with no significant separation or coagulation. Contractor shall provide asphalt delivered to the project. If the asphalt emulsion is di Item P-608 Emulsified Asphalt Seal Coat 2 12/21/2018 AC 150/5370-10H Contractor shall provide a supplemental COA from an independent laboratory verifying the asphalt emulsion properties. COA shall be provided to and approved by Owner before the emulsified asphalt is applied. The furnishing interpreted as a basis for final acceptance. COA may be subject to verification by testing the material delivered for use on the project. The asphalt material storage and handling temperature shall be 50 - 160°F and the material shall be protected from freezing, or whenever outside temperature drops below 40°F for prolonged time periods. Contractor shall provide a list of airport pavement projects, exposed to similar climate conditions,where this product has been successfully applied within at least 5 years of the project. 608-2.3 Water. Water used in mixing or curing shall be from potable water sources. Other sources shall be tested in accordance with ASTM C1602 prior to use. Water used in making and diluting the emulsion shall be potable, with a maximum hardness of 90ppm calcium and 15ppm magnesium; deleterious iron, sulfates, and phosphates maximum 7ppm, and less than 1ppm of organic byproducts. Water shall be a minimum of 140°F prior to adding to emulsion. 608-2.4 Polymer. The polymer shall meet the properties in the following table: Polymer Properties Properties Limits 47-65%, Percent by Weight Solids Content Weight 8.0 to 9.0 pounds/gallon pH 3.0 to 8.0 Particle Charge Nonionic/Cationic Mechanical Stability Excellent Film Forming Temperature, °C +5°C, minimum Tg, °C 22°C, maximum Manufacturer shall provide a copy of the Certificate of Analysis (COA) for the polymer used in the seal coat; and Contractor shall include the COA with the emulsified asphalt COA when submitting to Owner. 608-2.5 Seal Coat with Aggregate. Contractor shall submit friction test data from no less than one airport project identified under 608-2.2. Test data must be from the same project and include technical details on application rates, aggregate rates, and point of contact at the airport to confirm use and success of sealer with aggregate. Friction test data in accordance with AC 150/5320-12, at 40 or 60 mph wet, must include as a minimum; the friction value prior to sealant application; two values, 24 - 96 hours after application, with a minimum of 24 hours between tests; and one value 180 - 360 days after the application. The results of the tests between 24 and 96 hours shall indicate friction is increasing at a rate to obtain similar friction value of the pavement surface prior to application, and the long-term test shall indicate no apparent adverse effect with time relative to friction values and existing pavement surface. Seal coat material submittal without required friction performance will not be approved. Friction tests performed on this project cannot be used as a substitute of this requirement. Item P-608 Emulsified Asphalt Seal Coat 3 12/21/2018 AC 150/5370-10H COMPOSITION AND APPLICATION RATE 608-3.1 Application Rate. Approximate amounts of materials per square yard for asphalt surface treatment shall be as provided in the table for treatment area(s) at specified dilution rate(s) as noted on plans. The intent for this project is to apply emulsion and aggregate a the high end of application rates shown below unless test strip results indicate otherwise. Actual application rates will vary within the range specified to Owner from the test area/sections evaluation. Application Rate 22 Dilution Rate Quantity of Emulsion gal/yd Quantity of Aggregate lb/yd 2:1 0.08-0.17 0.20-0.50 608-3.2 Control areas and control strips. Prior to full application, the control strip must be accepted by Owner. The surface preparation, personnel, equipment, and method of operation used on the test area(s) and control strip(s) shall be the same as used on the remainder of the work. Contractor in applying control areas and/or control strips to determine the appropriate application rate of both emulsion and aggregate to be approved by Owner. A test area(s) and control strip(s) shall be applied for each differing asphalt pavement surface identified in the project. The test area(s) and control strip(s) shall be used to determine the material application rate(s) of both emulsion and sand prior to full production. a. For taxiway, taxilane, and apron surfaces. Prior to full application, Contractor shall place test areas at varying application rates as recommended by Contractor determine appropriate application rate(s). Test areas will be located on representative section(s) of the pavement to receive the asphalt surface treatment designated by Owner. b. For runway and high-speed exit taxiway surfaces. Prior to full application, Contractor shall place a series of control strips a minimum of 300 feet long by 12 feet wide, or width of anticipated application, whichever is greater, at varying application rates as recommended acceptable to Owner to determine appropriate application rate(s). Control strips should be separated by a minimum 200 feet between control strips. Area to be tested will be located on a representative section of the pavement to receive the asphalt surface treatment designated by Owner. Control strips should be placed under similar field conditions as anticipated for the actual application. Skid resistance of the existing pavement shall be determined for each control strip with a continuous friction measuring equipment (CFME). The skid resistance of existing pavement can be immediately adjacent to the control stripor at the same location as the control strip if testing prior to application. Contractor may begin testing the skid resistance of runway and high-speed exit taxiway control strips after application of the asphalt surface treatment has fully cured, generally 8 to 36 hours after application of the control strips depending on site and environmental conditions. Aircraft shall not be permitted on the runway or high speed exit taxiway control strips until such time as Contractor validates that its surface friction meets maintenance planning friction levels in AC 150/5320-12, Table 3-2 when tested at speeds of 40 and 60 mph wet with approved CFME. If control strip should prove to be unsatisfactory, necessary adjustments to the application rate, placement operations, and equipment shall be made. Additional control strips shall be placed and additional skid resistance tests performed and evaluated. Full production shall not begin without Owner approval of appropriate application rate(s). Acceptable control strips paid in accordance with paragraph 608-8.1. Item P-608 Emulsified Asphalt Seal Coat 4 12/21/2018 AC 150/5370-10H CONSTRUCTION METHODS 608-4.1 Worker safety. Contractor shall obtain a Safety Data Sheet (SDS) for both the asphalt emulsion ended safety precautions. 608-4.2 Weather limitations. The asphalt emulsion shall be applied only when the existing pavement surface is dry and when the weather is not foggy, rainy, or when the wind velocity will prevent the uniform application of the material. No material shall be applied in strong winds that interfere with the uniform application of the material(s), or when dust or sand is blowing or when rain is anticipated within eight hours of application completion. The atmospheric temperature and the pavement surface temperature shall both be at, or above 60°F and rising. Seal coat shall not be applied when pavement temperatures are expected to exceed 130ºF within the subsequent 72 hours if traffic will be opened on pavement within those 72 hours. During application, account for wind drift. Cover existing buildings, structures, runway edge lights, taxiway edge lights, informational signs, retro-reflective marking and in-pavement duct markers as necessary to protect against overspray before applying the emulsion. Should emulsion get on any light or marker fixture, promptly clean the fixture. If cleaning is not satisfactory to Owner, Contractor shall replace any light, sign or marker with equivalent equipment at no cost to Owner. 608-4.3 Equipment and tools. Contractor shall furnish all equipment, tools, and machinery necessary for the performance of the work. a. Pressure distributor. Emulsion shall be applied with a manufacturer-approved computer rate- controlled asphalt distributor. Equipment shall be in good working order and contain no contaminants or diluents in the tank. Spray bar tips must be clean, free of burrs, and of a size to maintain an even distribution of the emulsion. Any type of tip or pressure source is suitable that will maintain predetermined flow rates and constant pressure during the application process with application speeds under eight miles per hour or 700 feet per minute. Equipment will be tested under pressure for leaks and to ensure proper set-up before use. Contractor will provide verification of truck set-up (via a test-shot area), including but not limited to, nozzle tip size appropriate for application per nozzle manufacturer, spray-bar height and pressure and pump speed appropriate for the viscosity and temperature of sealer material, evidence of triple-overlap spray pattern, lack of leaks, and any other factors relevant to ensure the truck is in good working order before use. The distributor truck shall be equipped with a 12-foot, minimum, spray bar with individual nozzle control. The distributor truck shall be capable of specific application rates in 0.05-0.25 gallons per square yard. These rates shall be computer-controlled rather than mechanical. The distributor truck shall have an easily accessible thermometer that constantly monitors the temperature of the emulsion, and have an operable mechanical tank gauge that can be used to cross-check the computer accuracy. The distributor truck shall effectively heat and mix the material to required temperature prior to The distributor shall be equipped with a hand sprayer to spray the emulsion in areas not accessible to the distributor truck. b. Aggregate spreader. The asphalt distributor truck will be equipped with an aggregate spreader mounted to the distributor truck that can apply sand to the emulsion in a single pass operation without driving through wet emulsion. The aggregate spreader shall be equipped with a variable control system capable of uniformly distributing the sand at the specified rate at varying application widths and speeds. The aggregate spreader must be adjusted to produce an even and accurate application of specified aggregate. Prior to any seal coat application, the aggregate spreader will be calibrated onsite to ensure acceptable uniformity of spread. Owner will observe the calibration and verify the results. The aggregate spreader will be re-calibrated each time the aggregate rate is changed either during the application of test strips or production. Contractor may consult the seal coat manufacturer representative for procedure and guidance. The sander shall have a minimum hopper capacity of 3,000 pounds sand. Push-type hand sanders will be allowed for use around lights, signs and other obstructions, if necessary. Item P-608 Emulsified Asphalt Seal Coat 5 12/21/2018 AC 150/5370-10H c. Power broom/blower. A power broom/blower shall be provided for removing loose material from the surface to be treated. d. Equipment calibration. Asphalt distributors must be calibrated within the same construction season in accordance with ASTM D2995. Contractor must furnish a current calibration certification for the asphalt distributor truck from any State or other agency as approved by Owner. 608-4.4 Preparation of asphalt pavement surfaces. Clean pavement surface immediately prior to placing the seal coat so that it is free of dust, dirt, grease, vegetation, oil or any type of objectionable surface film. Contractor shall put forth sufficient effort to remove all vegetation from outside edges of perimeter road pavement. Contractor shall visit the site prior to bidding to determine level of effort required for vegetation removal. Remove oil or grease from the asphalt pavement by scrubbing with a detergent, washing thoroughly with clean water, and then treat these areas with a spot primer. Any additional surface preparation, such as crack repair, shall be in accordance with Item P-101, paragraph 101-3.6. 608-4.5 Emulsion mixing. The application emulsion shall be obtained by blending asphalt material concentrate, water and polymer, if specified. Always add heated water to the asphalt material concentrate, never add asphalt material concentrate to heated water. Mix one part heated water to two parts asphalt material concentrate, by volume. Add 1% polymer, by volume, to the emulsion mix. If the polymer is added to the emulsion mix at the plant, submit weight scale tickets to Owner. As an option, the polymer may be added to the emulsion mix at the job site provided the polymer is added slowly while the asphalt distributor truck circulating pump is running. Mix must be agitated for a minimum of 15 minutes or until the polymer is mixed to the satisfaction of Owner. 608-4.6 Application of asphalt emulsion. The asphalt emulsion shall be applied using a pressure distributor upon the properly prepared, clean and dry surface at the application rate recommended by the Owner from test area/sections evaluation for each designated treatment area. The asphalt emulsion should be applied at a temperature 130-160°F or in accordance with manufacturer recommendation. If low spots and depressions greater than 1/2 inch in depth in the pavement surface cause ponding or puddling of the applied materials, the pavement surface shall be lightly broomed with broom or brush-type squeegee until the pavement surface is free of any pools of excess material. During all applications, the surfaces of adjacent structures shall be protected to prevent their being spattered or marred. 608-4.7 Application of aggregate material. Immediately following application of asphalt emulsion, friction sand at the rate recommended by the manufacturer representative and approved by Ownerfrom test area/sections evaluation for each designated application area, shall be spread uniformly over asphalt emulsion in a single-pass operation simultaneous with the sealer application. Aggregate shall be spread to same width of application as the asphalt material and not applied in such thickness as to cause blanketing. Sprinkling additional aggregate material, and spraying additional asphalt material over areas that show up having insufficient cover or bitumen, shall be done by hand whenever necessary. In areas where hand work is necessitated, the sand shall be applied before the sealant begins to break. Minimize aggregate from being broadcast and accumulating on the untreated pavement adjacent to an application pass. Prior to the next application pass, Contractor shall clean areas of excess or loose aggregate and remove from project site. Item P-608 Emulsified Asphalt Seal Coat 6 12/21/2018 AC 150/5370-10H QUALITY CONTROL(QC) 608-. Manufacturer representative knowledgeable of material, procedures, and equipment described in the specification is responsible to assist Contractor and Owner in determining the appropriate application rates of the emulsion and aggregate, as well as recommendations for proper preparation and start-up of seal coat application. Documentation of manufacturer representative experience and knowledge for applying seal coat product shall be furnished to Owner minimum10 work days prior to placement of the control strips. The cost of the representative shall be included in Contractor bid price. 608-5.2 Contractor qualifications. Contractor shall provide documentation to Owner that seal coat Contractor is qualified to apply the seal coat, including personnel, and equipment, and made at leastthree applications similar to this project in the past two years. MATERIAL ACCEPTANCE 608-6.1 Application rate. Rate of application of asphalt emulsion shall be verified at least twice per day. 608-6.2 Friction tests. Friction tests in accordance with AC 150/5320-12, Measurement, Construction, and Maintenance of Skid-Resistant Airport Pavement Surfaces, shall be performed on all runway and high- speed taxiways that received a seal coat. Each test includes performing friction tests at 40 and 60 mph both wet, 15 feet to each side of runway centerline with approved continuous friction measuring equipment (CFME). Contractor shall coordinate testing with Owner and provide Owner a written report of friction test results. Owner shall be present for testing. METHOD OF MEASUREMENT 608-7.1 Asphalt surface treatment. The quantity of asphalt surface treatment shall be measured by square yards of material applied in accordance with the plans and specifications and accepted by Owner. Contractor must furnish Owner with the certified weigh bills when materials are received for asphalt material used under this contract. Contractor must not remove material from the tank car or storage tank until initial amounts and temperature measurements have been verified. BASIS OF PAYMENT 608-8.1 Payment shall be made at the contract unit price per square yard for the asphalt surface treatment applied and accepted by Owner . This price shall be full compensation for all surface preparation, (including removal of all vegetation along edges of asphalt perimeter road), furnishing all materials, delivery and application of these materials, for all labor, equipment, tools, and incidentals necessary to complete the item, and any costs asso control strips. Payment will be made under: Item P-608-8.1 Asphalt Surface Treatment per square yard Item P-608 Emulsified Asphalt Seal Coat 7 12/21/2018 AC 150/5370-10H REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. ASTM International (ASTM) ASTM C117 Standard Test Method for Materials Finer than 75- Mineral Aggregates by Washing ASTM C136 Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates ASTM C1602 Standard Specification for Mixing Water Used in the Production of Hydraulic Cement Concrete ASTM D5 Standard Test Method for Penetration of Asphalt Materials ASTM D244 Standard Test Methods and Practices for Emulsified Asphalts ASTM D2007 Standard Test Method for Characteristic Groups in Rubber Extender and Processing Oils and Other Petroleum-Derived Oils by the Clay-Gel Absorption Chromatographic Method ASTM D2042 Standard Test Method for Solubility of Asphalt Materials in Trichloroethylene ASTM D2995 Standard Practice for Estimating Application Rate of Bituminous Distributors ASTM D4402 Standard Test Method for Viscosity Determination of Asphalt at Elevated Temperatures Using a Rotational Viscometer ASTM D5340 Standard Test Method for Airport Pavement Condition Index Surveys Advisory Circulars (AC) AC 150/5320-12 Measurement, Construction, and Maintenance of Skid-Resistant Airport Pavement Surfaces AC 150/5320-17 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals AC 150/5380-6 Guidelines and Procedures for Maintenance of Airport Pavements END OF ITEM P-608 Item P-608 Emulsified Asphalt Seal Coat 8 APPENDIX A SEAL COAT PLAN AND SAFETY/PHASING NOTES APPENDIX B FAA AC 150/5370-2G Advisory U.S. Department of Transportation Federal Aviation Circular Administration Subject: Operational Safety on Date: 12/13/2017 AC No: 150/5370-2G Airports During Construction Initiated By: AAS-100 Change: 1 Purpose. This AC sets forth guidelines for operational safety on airports during construction. 2 Cancellation. This AC cancels AC 150/5370-2F, Operational Safety on Airports during Construction, dated September 29, 2011. 3 Application. This AC assists airport operators in complying with Title 14 Code of Federal Regulations (CFR) Part 139, Certification of Airports. For those certificated airports, this AC provides one way, but not the only way, of meeting those requirements. The use of this AC is mandatory for those airport construction projects receiving funds under the Airport Improvement Program (AIP). See Grant Assurance No. 34, Policies, Standards, and Specifications. While we do not require non-certificated airports without grant agreements or airports using Passenger Facility Charge (PFC) Program funds for construction projects to adhere to these guidelines, we recommend that they do so to help these airports maintain operational safety during construction. 4 Related Documents. ACs and Orders referenced in the text of this AC do not include a revision letter, as they refer to the latest version. Appendix A contains a list of reading material on airport construction, design, and potential safety hazards during construction, as well as instructions for obtaining these documents. 5 Principal Changes. The AC incorporates the following principal changes: 1. Notification about impacts to both airport owned and FAA-owned NAVAIDs was added. See paragraph 2.13.5.3, NAVAIDs. 12/13/2017 AC 150/5370-2G 2. Guidance for the use of orange construction signs was added. See paragraph 2.18.4.2, Temporary Signs. 3. Open trenches or excavations may be permitted in the taxiway safety area while the taxiway is open to aircraft operations, subject to restrictions. See paragraph 2.22.3.4, Excavations. 4. Guidance for temporary shortened runways and displaced thresholds has been enhanced. See Figure 2-1 and Figure 2-2. 5. Figures have been improved and a new Appendix F on the placement of orange construction signs has been added. Hyperlinks (allowing the reader to access documents located on the internet and to maneuver within this document) are provided throughout this document and are identified with underlined text. When navigating within this document, return to the Figures in this document are schematic representations and are not to scale. 6 Use of Metrics. conversion to metric units. The U.S. customary units govern. 7 Where to Find this AC. You can view a list of all ACs at http://www.faa.gov/regulations_policies/advisory_circulars/. You can view the Federal Aviation Regulations at http://www.faa.gov/regulations_policies/faa_regulations/. 8 Feedback on this AC. If you have suggestions for improving this AC, you may use the Advisory Circular Feedback form at the end of this AC. John R. Dermody Director of Airport Safety and Standards ii 12/13/2017 AC 150/5370-2G CONTENTS Paragraph Page Chapter 1. Planning an Airfield Construction Project ......................................................... 1-1 1.1 Overview. ...................................................................................................................... 1-1 1.2 Plan for Safety............................................................................................................... 1-1 1.3 Develop a Construction Safety and Phasing Plan (CSPP). ........................................... 1-3 1.4 Who Is Responsible for Safety During Construction? .................................................. 1-4 Chapter 2. Construction Safety and Phasing Plans .............................................................. 2-1 2.1 Overview. ...................................................................................................................... 2-1 2.2 Assume Responsibility.................................................................................................. 2-1 2.3 Submit the CSPP. .......................................................................................................... 2-1 2.4 Meet CSPP Requirements. ............................................................................................ 2-2 2.5 Coordination. ................................................................................................................ 2-6 2.6 Phasing. ......................................................................................................................... 2-7 2.7 Areas and Operations Affected by Construction Activity. ........................................... 2-7 2.8 Navigation Aid (NAVAID) Protection. ...................................................................... 2-11 2.9 Contractor Access. ...................................................................................................... 2-11 2.10 Wildlife Management. ................................................................................................ 2-15 2.11 Foreign Object Debris (FOD) Management. .............................................................. 2-16 2.12 Hazardous Materials (HAZMAT) Management. ........................................................ 2-16 2.13 Notification of Construction Activities. ...................................................................... 2-16 2.14 Inspection Requirements. ............................................................................................ 2-18 2.15 Underground Utilities. ................................................................................................ 2-19 2.16 Penalties. ..................................................................................................................... 2-19 2.17 Special Conditions. ..................................................................................................... 2-19 2.18 Runway and Taxiway Visual Aids. ............................................................................ 2-19 2.19 Marking and Signs for Access Routes. ....................................................................... 2-29 2.20 Hazard Marking, Lighting and Signing. ..................................................................... 2-30 2.21 Work Zone Lighting for Nighttime Construction. ...................................................... 2-32 2.22 Protection of Runway and Taxiway Safety Areas. ..................................................... 2-33 2.23 Other Limitations on Construction. ............................................................................ 2-37 iii 12/13/2017 AC 150/5370-2G Chapter 3. Guidelines for Writing a CSPP ............................................................................ 3-1 3.1 General Requirements. .................................................................................................. 3-1 3.2 Applicability of Subjects............................................................................................... 3-1 3.3 Graphical Representations. ........................................................................................... 3-1 3.4 Reference Documents. .................................................................................................. 3-2 3.5 Restrictions. .................................................................................................................. 3-2 3.6 Coordination. ................................................................................................................ 3-2 3.7 Phasing. ......................................................................................................................... 3-2 3.8 Areas and Operations Affected by Construction. ......................................................... 3-2 3.9 NAVAID Protection. .................................................................................................... 3-2 3.10 Contractor Access. ........................................................................................................ 3-3 3.11 Wildlife Management. .................................................................................................. 3-4 3.12 FOD Management. ........................................................................................................ 3-4 3.13 HAZMAT Management................................................................................................ 3-4 3.14 Notification of Construction Activities. ........................................................................ 3-4 3.15 Inspection Requirements. .............................................................................................. 3-5 3.16 Underground Utilities. .................................................................................................. 3-5 3.17 Penalties. ....................................................................................................................... 3-5 3.18 Special Conditions. ....................................................................................................... 3-5 3.19 Runway and Taxiway Visual Aids. .............................................................................. 3-6 3.20 Marking and Signs for Access Routes. ......................................................................... 3-6 3.21 Hazard Marking and Lighting. ...................................................................................... 3-6 3.22 Work Zone Lighting for Nighttime Construction. ........................................................ 3-6 3.23 Protection of Runway and Taxiway Safety Areas. ....................................................... 3-7 3.24 Other Limitations on Construction. .............................................................................. 3-7 Appendix A. Related Reading Material ................................................................................ A-1 Appendix B. Terms and Acronyms ........................................................................................B-1 Appendix C. Safety and Phasing Plan Checklist .................................................................. C-1 Appendix D. Construction Project Daily Safety Inspection Checklist ............................... D-1 Appendix E. Sample Operational Effects Table ....................................................................E-1 Appendix F. Orange Construction Signs ............................................................................... F-1 iv 12/13/2017 AC 150/5370-2G FIGURES Number Page Figure 2-1. Temporary Partially Closed Runway ........................................................................ 2-9 Figure 2-2. Temporary Displaced Threshold ............................................................................. 2-10 Figure 2-3. Markings for a Temporarily Closed Runway.......................................................... 2-21 Figure 2-4. Temporary Taxiway Closure................................................................................... 2-22 Figure 2-5. Temporary Outboard White Threshold Bars and Yellow Arrowheads .................. 2-24 Figure 2-6. Lighted X in Daytime .............................................................................................. 2-26 Figure 2-7. Lighted X at Night ................................................................................................... 2-26 Figure 2-8. Interlocking Barricades ........................................................................................... 2-31 Figure 2-9. Low Profile Barricades ........................................................................................... 2-32 Figure E-1. Phase I Example ....................................................................................................... E-1 Figure E-2. Phase II Example ...................................................................................................... E-2 Figure E-3. Phase III Example ..................................................................................................... E-3 Figure F-1. Approved Sign Legends ............................................................................................ F-1 Figure F-2. Orange Construction Sign Example 1....................................................................... F-2 Figure F-3. Orange Construction Sign Example 2....................................................................... F-3 TABLES Number Page Table A-1. FAA Publications ..................................................................................................... A-1 Table A-2. Code of Federal Regulation ...................................................................................... A-3 Table B-1. Terms and Acronyms ................................................................................................ B-1 Table C-1. CSPP Checklist ......................................................................................................... C-1 Table D-1. Potentially Hazardous Conditions ............................................................................ D-1 Table E-1. Operational Effects Table .......................................................................................... E-4 Table E-2. Runway and Taxiway Edge Protection ...................................................................... E-6 Table E-3. Protection Prior to Runway Threshold....................................................................... E-7 v 12/13/2017 AC 150/5370-2G Page Intentionally Blank vi 12/13/2017 AC 150/5370-2G CHAPTER1.PLANNING AN AIRFIELDCONSTRUCTION PROJECT 1.1 Overview. Airports are complex environments, and procedures and conditions associated with construction activities often affect aircraft operations and can jeopardize operational safety. Safety considerations are paramount and may make operational impacts unavoidable. However, careful planning, scheduling, and coordination of construction activities can minimize disruption of normal aircraft operations and avoid situations that construction activities and aircraft operations affect one another to be able to develop an effective plan to complete the project. While the guidance in this AC is primarily used for construction operations, the concepts, methods and procedures described may also enhance the day-to-day airport maintenance operations, such as lighting maintenance and snow removal operations. 1.2 Plan for Safety. Safety, maintaining aircraft operations, and construction costs are all interrelated. Since safety must not be compromised, the airport operator must strike a balance between maintaining aircraft operations and construction costs. This balance will vary widely depending on the operational needs and resources of the airport and will require early coordination with airport users and the FAA. As the project design progresses, the necessary construction locations, activities, and associated costs will be identified and their impact to airport operations must be assessed. Adjustments are made to the proposed construction activities, often by phasing the project, and/or to airport operations to maintain operational safety. This planning effort will ultimately result in a project Construction Safety and Phasing Plan (CSPP). The development of the CSPP takes place through the following five steps: 1.2.1 Identify Affected Areas. The airport operator must determine the geographic areas on the airport affected by the construction project. Some, such as a runway extension, will be defined by the project. Others may be variable, such as the location of haul routes and material stockpiles. 1.2.2 Describe Current Operations. Identify the normal airport operations in each affected area for each phase of the project. This becomes the baseline from which the impact on operations by construction activities can be measured. This should include a narrative of the typical users and aircraft operating within the affected areas. It should also include information related to airport operations: the Aircraft Approach Category (AAC) and Airplane Design Group (ADG) of the airplanes that operate on each runway; the ADG and Taxiway Design 1 Group (TDG) for each affected taxiway; designated approach visibility minimums; 1 Find Taxiway Design Group information in AC 150/5300-13, Airport Design. 1-1 12/13/2017 AC 150/5370-2G available approach and departure procedures; most demanding aircraft; declared distances; available air traffic control services; airport Surface Movement Guidance and Control System (SMGCS) plan; and others. The applicable seasons, days and times for certain operations should also be identified as applicable. 1.2.3 Allow for Temporary Changes to Operations. To the extent practical, current airport operations should be maintained during the construction. In consultation with airport users, Aircraft Rescue and Fire Fighting (ARFF) personnel, and FAA Air Traffic Organization (ATO) personnel, the airport operator construction activities should be planned, through project phasing if necessary, to safely accommodate these operations. When the construction activities cannot be adjusted to safely maintain current operations, regardless of their importance, then the operations must be revised accordingly. Allowable changes include temporary revisions to approach procedures, restricting certain aircraft to specific runways and taxiways, suspension of certain operations, decreased weights for some aircraft due to shortened runways, and other changes. An example of a table showing temporary operations versus current operations is shown in Appendix E. 1.2.4 Take Required Measures to Revise Operations. Once the level and type of aircraft operations to be maintained are identified, the airport operator must determine the measures required to safely conduct the planned operations during the construction. These measures will result in associated costs, which can be broadly interpreted to include not only direct construction costs, but also loss of revenue from impacted operations. Analysis of costs may indicate a need to reevaluate allowable changes to operations. As aircraft operations and allowable changes will vary widely among airports, this AC presents general guidance on those subjects. 1.2.5 Manage Safety Risk. The FAA is committed to incorporating proactive safety risk management (SRM) tools into its decision-making processes. FAA Order 5200.11, FAA Airports (ARP) Safety Management System (SMS), requires the FAA to conduct a Safety Assessment for certain triggering actions. Certain airport projects may require the airport operator to provide a Project Proposal Summary to help the FAA determine whether a Safety Assessment is required prior to FAA approval of the CSPP. The airport operator must coordinate with the appropriate FAA Airports Regional or District Office early in the development of the CSPP to determine the need for a Safety Risk Assessment. If the FAA requires an assessment, the airport operator must at a minimum: 1. Notify the appropriate FAA Airports Regional or District Office during the project 2. Provide documents identified by the FAA as necessary to conduct SRM. 3. Participate in the SRM process for airport projects. 4. Provide a representative to participate on the SRM panel. 1-2 12/13/2017 AC 150/5370-2G 5. Ensure that all applicable SRM identified risks elements are recorded and mitigated within the CSPP. 1.3 Develop a Construction Safety and Phasing Plan (CSPP). Development of an effective CSPP will require familiarity with many other documents referenced throughout this AC. See Appendix A for a list of related reading material. 1.3.1 List Requirements. A CSPP must be developed for each on-airfield construction project funded by the Airport Improvement Program (AIP) or located on an airport certificated under Part 139. For on-airfield construction projects at Part 139 airports funded without AIP funds, the preparation of a CSPP represents an acceptable method the certificate holder may use to meet Part 139 requirements during airfield construction activity. As per FAA Order 5200.11, projects that require Safety Assessments do not include construction, rehabilitation, or change of any facility that is entirely outside the air operations area, does not involve any expansion of the facility envelope and does not involve construction equipment, haul routes or placement of material in locations that require access to the air operations area, increase the facility envelope, or impact line-of-sight. Such facilities may include passenger terminals and parking or other structures. However, extraordinary circumstances may trigger the need for a Safety Assessment Safety Risk Management procedures (see paragraph 1.2.5). 1.3.2 Prepare a Safety Plan Compliance Document (SPCD). The Safety Plan Compliance Document (SPCD) details how the contractor will comply with the CSPP. Also, it will not be possible to determine all safety plan details (for construction equipment heights) during the development of the CSPP. The successful contractor must define such details by preparing an SPCD that the airport operator reviews for approval prior to issuance of a notice-to-proceed. The SPCD is a subset of the CSPP, similar to how a shop drawing review is a subset to the technical specifications. 1.3.3 Assume Responsibility for the CSPP. The airport operator is responsible for establishing and enforcing the CSPP. The airport operator may use the services of an engineering consultant to help develop the CSPP. However, writing the CSPP cannot be delegated to the construction contractor. Only those details the airport operator determines cannot be addressed before contract award are developed by the contractor and submitted for approval as the SPCD. The SPCD does not restate nor propose differences to provisions already addressed in the CSPP. 1-3 12/13/2017 AC 150/5370-2G 1.4 Who Is Responsible for Safety During Construction? 1.4.1 Establish a Safety Culture. Everyone has a role in operational safety on airports during construction: the airport tractors, airport users, airport tenants, ARFF personnel, Air Traffic personnel, including Technical Operations personnel, FAA Airports Division personnel, and others, such as military personnel at any airport supporting military operations (e.g. national guard or a joint use facility). Close communication and coordination between all affected parties is the key to maintaining safe operations. Such communication and coordination should start at the project scoping meeting and continue through the completion of the project. The airport operator and contractor should conduct onsite safety inspections throughout the project and immediately remedy any deficiencies, whether caused by negligence, oversight, or project scope change. 1.4.2 sibilities. An airport operator has overall responsibility for all activities on an airport, including construction. This includes the predesign, design, preconstruction, construction, and inspection phases. Additional information on the responsibilities listed below can be found throughout this AC. The airport operator must: 1-4 12/13/2017 AC 150/5370-2G 1.4.2.1 Develop a CSPP that complies with the safety guidelines of Chapter 2, Construction Safety and Phasing Plans, and Chapter 3, Guidelines for Writing a CSPP. The airport operator may develop the CSPP internally or have a consultant develop the CSPP for approval by the airport operator. For tenant sponsored projects, approve a CSPP developed by the tenant or its consultant. 1.4.2.2 Require, review and approve the SPCD by the contractor that indicates how it will comply with the CSPP and provides details that cannot be determined before contract award. 1.4.2.3 Convene a preconstruction meeting with the construction contractor, consultant, airport employees and, if appropriate, tenant sponsor and other tenants to review and discuss project safety before beginning construction activity. The appropriate FAA representatives should be invited to attend the meeting. See AC 150/5370-12, Quality Management for Federally Funded Airport Construction Projects. Regional or District Office, the Air Traffic Organization, Flight Standards Service, and other offices that support airport operations, flight regulations, and construction/environmental policies.) 1.4.2.4 Ensure contact information is accurate for each representative/point of contact identified in the CSPP and SPCD. 1.4.2.5 Hold weekly or, if necessary, daily safety meetings with all affected parties to coordinate activities. 1.4.2.6 Notify users, ARFF personnel, and FAA ATO personnel of construction and conditions that may adversely affect the operational safety of the airport via Notices to Airmen (NOTAM) and other methods, as appropriate. Convene a meeting for review and discussion if necessary. 1.4.2.7 Ensure construction personnel know applicable airport procedures and changes to those procedures that may affect their work. 1.4.2.8 Ensure that all temporary construction signs are located per the scheduled list for each phase of the project. 1.4.2.9 Ensure construction contractors and subcontractors undergo training required by the CSPP and SPCD. 1.4.2.10 Ensure vehicle and pedestrian operations addressed in the CSPP and SPCD are coordinated with airport tenants, the airport traffic control tower (ATCT), and construction contractors. 1.4.2.11 At certificated airports, ensure each CSPP and SPCD is consistent with Part 139. 1-5 12/13/2017 AC 150/5370-2G 1.4.2.12 Conduct inspections sufficiently frequently to ensure construction contractors and tenants comply with the CSPP and SPCD and that there are no altered construction activities that could create potential safety hazards. 1.4.2.13 Take immediate action to resolve safety deficiencies. 1.4.2.14 At airports subject to 49 CFR Part 1542, Airport Security, ensure construction access complies with the security requirements of that regulation. 1.4.2.15 Notify appropriate parties when conditions exist that invoke provisions of the CSPP and SPCD (for example, implementation of low-visibility operations). 1.4.2.16 Ensure prompt submittal of a Notice of Proposed Construction or Alteration (Form 7460-1) for conducting an aeronautical study of potential obstructions such as tall equipment (cranes, concrete pumps, other), stock piles, and haul routes. A separate form may be filed for each potential obstruction, or one form may be filed describing the entire construction area and maximum equipment height. In the latter case, a separate form must be filed for any object beyond or higher than the originally evaluated area/height. The FAA encourages online submittal of forms for expediency at https://oeaaa.faa.gov/oeaaa/external/portal.jsp. The appropriate FAA Airports Regional or District Office can provide assistance in determining which objects require an aeronautical study. 1.4.2.17 Ensure prompt transmission of the Airport Sponsor Strategic Event Submission, FAA Form 6000-26, located at https://oeaaa.faa.gov/oeaaa/external/content/AIRPORT_SPONSOR_STR ATEGIC_EVENT_SUBMISSION_FORM.pdf, to assure proper coordination for NAS Strategic Interruption per Service Level Agreement with ATO. 1.4.2.18 Promptly notify the FAA Airports Regional or District Office of any proposed changes to the CSPP prior to implementation of the change. Changes to the CSPP require review and approval by the airport operator and the FAA. The FAA Airports Regional or District office will determine if further coordination within the FAA is needed. Coordinate with appropriate local and other federal government agencies, such as Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), Transportation Security Administration (TSA), and the state environmental agency. 1.4.3 The contractor is responsible for complying with the CSPP and SPCD. The contractor must: 1-6 12/13/2017 AC 150/5370-2G 1.4.3.1 Submit a Safety Plan Compliance Document (SPCD) to the airport operator describing how it will comply with the requirements of the CSPP and supply any details that could not be determined before contract award. The SPCD must include a certification statement by the contractor, indicating an understanding of the operational safety requirements of the CSPP and the assertion of compliance with the approved CSPP and SPCD unless written approval is granted by the airport operator. Any construction practice proposed by the contractor that does not conform to require a revision to the CSPP and SPCD and re-coordination with the airport operator and the FAA in advance. 1.4.3.2 Have available at all times copies of the CSPP and SPCD for reference by the airport operator and its representatives, and by subcontractors and contractor employees. 1.4.3.3 Ensure that construction personnel are familiar with safety procedures and regulations on the airport. Provide a point of contact who will coordinate an immediate response to correct any construction-related activity that may adversely affect the operational safety of the airport. Many projects will require 24-hour coverage. 1.4.3.4 -site employees responsible for monitoring compliance with the CSPP and SPCD during construction. At least one of these employees must be on-site when active construction is taking place. 1.4.3.5 Conduct sufficient inspections to ensure construction personnel comply with the CSPP and SPCD and that there are no altered construction activities that could create potential safety hazards. 1.4.3.6 Restrict movement of construction vehicles and personnel to permitted construction areas by flagging, barricading, erecting temporary fencing, or providing escorts, as appropriate, and as specified in the CSPP and SPCD. 1.4.3.7 Ensure that no contractor employees, employees of subcontractors or suppliers, or other persons enter any part of the air operations area (AOA) from the construction site unless authorized. 1.4.3.8 Ensure prompt submittal through the airport operator of Form 7460-1 for the purpose of conducting an aeronautical study of contractor equipment such as tall equipment (cranes, concrete pumps, and other equipment), stock piles, and haul routes when different from cases previously filed by the airport operator. The FAA encourages online submittal of forms for expediency at https://oeaaa.faa.gov/oeaaa/external/portal.jsp. 1-7 12/13/2017 AC 150/5370-2G 1.4.3.9 Ensure that all necessary safety mitigations are understood by all parties involved, and any special requirements of each construction phase will be fulfilled per the approved timeframe. 1.4.3.10 Participate in pre-construction meetings to review construction limits, safety mitigations, NOTAMs, and understand all special airport operational needs during each phase of the project. 1.4.4 If planning construction activities on leased property, Airport tenants, such as airline operators, fixed base operators, and FAA ATO/Technical Operations sponsoring construction are strongly encouraged to: 1. Develop, or have a consultant develop, a project specific CSPP and submit it to the airport operator. The airport operator may forgo a complete CSPP submittal and instead incorporate appropriate operational safety principles and measures addressed in the advisory circular within their tenant lease agreements. 2. In coordination with its contractor, develop an SPCD and submit it to the airport operator for approval issued prior to issuance of a Notice to Proceed. 3. Ensure that construction personnel are familiar with safety procedures and regulations on the airport during all phases of the construction. 4. Provide a point of contact of who will coordinate an immediate response to correct any construction-related activity that may adversely affect the operational safety of the airport. 5. -site employees responsible for monitoring compliance with the CSPP and SPCD during construction. At least one of these employees must be on-site when active construction is taking place. 6. Ensure that no tenant or contractor employees, employees of subcontractors or suppliers, or any other persons enter any part of the AOA from the construction site unless authorized. 7. Restrict movement of construction vehicles to construction areas by flagging and barricading, erecting temporary fencing, or providing escorts, as appropriate, as specified in the CSPP and SPCD. 8. Ensure prompt submittal through the airport operator of Form 7460-1 for conducting an aeronautical study of contractor equipment such as tall equipment (cranes, concrete pumps, other), stock piles, and haul routes. The FAA encourages online submittal of forms for expediency at https://oeaaa.faa.gov/oeaaa/external/portal.jsp. 9. Participate in pre-construction meetings to review construction limits, safety mitigations, NOTAMs, and understand all special airport operational needs during each phase of the project. 1-8 12/13/2017 AC 150/5370-2G CHAPTER2.CONSTRUCTION SAFETY AND PHASING PLANS 2.1 Overview. Aviation safety is the primary consideration at airports, especially during construction. nce Document (SPCD) are the primary tools to ensure safety compliance when coordinating construction activities with airport operations. These documents identify all aspects of the construction project that pose a potential safety hazard to airport operations and outline respective mitigation procedures for each hazard. They must provide information necessary for the Airport Operations department to conduct airfield inspections and expeditiously identify and correct unsafe conditions during construction. All aviation safety provisions included within the project drawings, contract specifications, and other related documents must also be reflected in the CSPP and SPCD. 2.2 Assume Responsibility. ponsibility at all times. The airport operator must develop, certify, and submit for FAA approval each approved CSPP. The airport operator must revise the CSPP when conditions warrant changes and must submit the revised CSPP to the FAA for approval. The airport operator must also require and approve a SPCD from the project contractor. 2.3 Submit the CSPP. Construction Safety and Phasing Plans should be developed concurrently with the project design. Milestone versions of the CSPP should be submitted for review and approval as follows. While these milestones are not mandatory, early submission will help to avoid delays. Submittals are preferred in 8.5 × 11 inch or 11 × 17 inch format (OE / AAA) process. 2.3.1 Submit an Outline/Draft. By the time approximately 25% to 30% of the project design is completed, the principal elements of the CSPP should be established. Airport operators are encouraged to submit an outline or draft, detailing all CSPP provisions developed to date, to the FAA for review at this stage of the project design. 2.3.2 Submit a CSPP. The CSPP should be formally submitted for FAA approval when the project design is 80 percent to 90 percent complete. Since provisions in the CSPP will influence contract costs, it is important to obtain FAA approval in time to include all such provisions in the procurement contract. 2-1 12/13/2017 AC 150/5370-2G 2.3.3 Submit an SPCD. The contractor should submit the SPCD to the airport operator for approval to be issued prior to the Notice to Proceed. 2.3.4 Submit CSPP Revisions. All revisions to a previously approved CSPP must be re-submitted to the FAA for review and approval/disapproval action. 2.4 Meet CSPP Requirements. 2.4.1 To the extent possible, the CSPP should address the following as outlined in Chapter 3, Guidelines for Writing a CSPP. Details that cannot be determined at this stage are to be included in the SPCD. 1. Coordination. a. Contractor progress meetings. b. Scope or schedule changes. c. FAA ATO coordination. 2. Phasing. a. Phase elements. b. Construction safety drawings. 3. Areas and operations affected by the construction activity. a. Identification of affected areas. b. Mitigation of effects. 4. Protection of navigation aids (NAVAIDs). 5. Contractor access. a. Location of stockpiled construction materials. b. Vehicle and pedestrian operations. 6. Wildlife management. a. Trash. b. Standing water. c. Tall grass and seeds. d. Poorly maintained fencing and gates. e. Disruption of existing wildlife habitat. 7. Foreign Object Debris (FOD) management. 8. Hazardous materials (HAZMAT) management. 9. Notification of construction activities. 2-2 12/13/2017 AC 150/5370-2G a. Maintenance of a list of responsible representatives/ points of contact. b. NOTAM. c. Emergency notification procedures. d. Coordination with ARFF Personnel. e. Notification to the FAA. 10. Inspection requirements. a. Daily (or more frequent) inspections. b. Final inspections. 11. Underground utilities. 12. Penalties. 13. Special conditions. 14. Runway and taxiway visual aids. Marking, lighting, signs, and visual NAVAIDs. a. General. b. Markings. c. Lighting and visual NAVAIDs. d. Signs, temporary, including orange construction signs, and permanent signs. 15. Marking and signs for access routes. 16. Hazard marking and lighting. a. Purpose. b. Equipment. 17. Work zone lighting for nighttime construction (if applicable). 18. Protection of runway and taxiway safety areas, object free areas, obstacle free zones, and approach/departure surfaces. a. Runway Safety Area (RSA). b. Runway Object Free Area (ROFA). c. Taxiway Safety Area (TSA). Provide details for any adjustments to Taxiway Safety Area width to allow continued operation of smaller aircraft. See paragraph 2.22.3. d. Taxiway Object Free Area (TOFA). Provide details for any continued aircraft operations while construction occurs within the TOFA. See paragraph 2.22.4. e. Obstacle Free Zone (OFZ). f. Runway approach/departure surfaces. 19. Other limitations on construction. a. Prohibitions. 2-3 12/13/2017 AC 150/5370-2G b. Restrictions. 2.4.2 The Safety Plan Compliance Document (SPCD) should include a general statement by the construction contractor that he/she has read and will abide by the CSPP. In addition, the SPCD must include all supplemental information that could not be included in the CSPP prior to the contract award. The contractor statement should include the name of the contractor, the title of the project CSPP, the approval date of the CSPP, and a reference to any supplemental information ( the (Title of Project) CSPP, approved on (Date), and will abide by it as written and with be written to match the format of the CSPP indicating each subject by corresponding CSPP subject number and title. If no supplemental information is necessary for any the corresponding subject title. The SPCD should not duplicate information in the CSPP: 1. Coordination. Discuss details of proposed safety meetings with the airport operator and with contractor employees and subcontractors. 2. Phasing. Discuss proposed construction schedule elements, including: a. Duration of each phase. b. c. Duration of construction activities during: i. Normal runway operations. ii. Closed runway operations. iii. 3. Areas and operations affected by the construction activity. These areas and operations should be identified in the CSPP and should not require an entry in the SPCD. 4. Protection of NAVAIDs. Discuss specific methods proposed to protect operating NAVAIDs. 5. Contractor access. Provide the following: a. Details on how the contractor will maintain the integrity of the airport security fence (gate guards, daily log of construction personnel, and other). b. Listing of individuals requiring driver training (for certificated airports and as requested). c. Radio communications. i. Types of radios and backup capabilities. ii. Who will be monitoring radios. iii. person by radio. 2-4 12/13/2017 AC 150/5370-2G d. Details on how the contractor will escort material delivery vehicles. 6. Wildlife management. Discuss the following: a. Methods and procedures to prevent wildlife attraction. b. Wildlife reporting procedures. 7. Foreign Object Debris (FOD) management. Discuss equipment and methods for control of FOD, including construction debris and dust. 8. Hazardous Materials (HAZMAT) management. Discuss equipment and methods for responding to hazardous spills. 9. Notification of construction activities. Provide the following: a. Contractor points of contact. b. Contractor emergency contact. c. Listing of tall or other requested equipment proposed for use on the airport and the timeframe for submitting 7460-1 forms not previously submitted by the airport operator. d. Batch plant details, including 7460-1 submittal. 10. Inspection requirements. Discuss daily (or more frequent) inspections and special inspection procedures. 11. Underground utilities. Discuss proposed methods of identifying and protecting underground utilities. 12. Penalties. Penalties should be identified in the CSPP and should not require an entry in the SPCD. 13. Special conditions. Discuss proposed actions for each special condition identified in the CSPP. 14. Runway and taxiway visual aids. Including marking, lighting, signs, and visual NAVAIDs. Discuss proposed visual aids including the following: a. Equipment and methods for covering signage and airfield lights. b. Equipment and methods for temporary closure markings (paint, fabric, other). c. Temporary orange construction signs. d. Types of temporary Visual Guidance Slope Indicators (VGSI). 15. Marking and signs for access routes. Discuss proposed methods of demarcating access routes for vehicle drivers. 16. Hazard marking and lighting. Discuss proposed equipment and methods for identifying excavation areas. 17. Work zone lighting for nighttime construction (if applicable). Discuss proposed equipment, locations, aiming, and shielding to prevent interference with air traffic control and aircraft operations. 2-5 12/13/2017 AC 150/5370-2G 18. Protection of runway and taxiway safety areas, object free areas, obstacle free zones, and approach/departure surfaces. Discuss proposed methods of identifying, demarcating, and protecting airport surfaces including: a. Equipment and methods for maintaining Taxiway Safety Area standards. b. Equipment and methods to ensure the safe passage of aircraft where Taxiway Safety Area or Taxiway Object Free Area standards cannot be maintained. c. Equipment and methods for separation of construction operations from aircraft operations, including details of barricades. 19. Other limitations on construction should be identified in the CSPP and should not require an entry in the SPCD. 2.5 Coordination. Airport operators, or tenants responsible for design, bidding and conducting construction on their leased properties, should ensure at all project developmental stages, such as predesign, prebid, and preconstruction conferences, they capture the subject of airport operational safety during construction (see AC 150/5370-12, Quality Management for Federally Funded Airport Construction Projects). In addition, the following should be coordinated as required: 2.5.1 Progress Meetings. Operational safety should be a standing agenda item for discussion during progress meetings throughout the project developmental stages. 2.5.2 Scope or Schedule Changes. Changes in the scope or duration at any of the project stages may require revisions to the CSPP and review and approval by the airport operator and the FAA (see paragraph 1.4.2.17). 2.5.3 FAA ATO Coordination. Early coordination with FAA ATO is highly recommended during the design phase and is required for scheduling Technical Operations shutdowns prior to construction. Coordination is critical to restarts of NAVAID services and to the establishment of any special procedures for the movement of aircraft. Formal agreements between the airport operator and appropriate FAA offices are recommended. All relocation or adjustments to NAVAIDs, or changes to final grades in critical areas, should be coordinated with FAA ATO and may require an FAA flight inspection prior to restarting the facility. Flight inspections must be coordinated and scheduled well in advance of the intended facility restart. Flight inspections may require a reimbursable agreement between the airport operator and FAA ATO. Reimbursable agreements should be coordinated a minimum of 12 months prior to the start of construction. (See paragraph 2.13.5.3.2 for required FAA notification regarding FAA-owned NAVAIDs.) 2-6 12/13/2017 AC 150/5370-2G 2.6 Phasing. Once it has been determined what types and levels of airport operations will be maintained, the most efficient sequence of construction may not be feasible. In this case, the sequence of construction may be phased to gain maximum efficiency while allowing for the required operations. The development of the resulting construction phases should be coordinated with local Air Traffic personnel and airport users. The sequenced construction phases established in the CSPP must be incorporated into the project design and must be reflected in the contract drawings and specifications. 2.6.1 Phase Elements. For each phase the CSPP should detail: Areas closed to aircraft operations. Duration of closures. Taxi routes and/or areas of reduced TSA and TOFA to reflect reduced ADG use. ARFF access routes. Construction staging, disposal, and cleanout areas. Construction access and haul routes. Impacts to NAVAIDs. Lighting, marking, and signing changes. Available runway length and/or reduced RSA and ROFA to reflect reduced ADG use. Declared distances (if applicable). Required hazard marking, lighting, and signing. Work zone lighting for nighttime construction (if applicable). Lead times for required notifications. 2.6.2 Construction Safety Drawings. Drawings specifically indicating operational safety procedures and methods in affected areas (i.e., construction safety drawings) should be developed for each construction phase. Such drawings should be included in the CSPP as referenced attachments and should also be included in the contract drawing package. 2.7 Areas and Operations Affected by Construction Activity. Runways and taxiways should remain in use by aircraft to the maximum extent possible without compromising safety. Pre-meetings with the FAA ATO will support operational simulations. See Appendix E for an example of a table showing temporary operations versus current operations. The tables in Appendix E can be useful for coordination among all interested parties, including FAA Lines of Business. 2-7 12/13/2017 AC 150/5370-2G 2.7.1 Identification of Affected Areas. Identifying areas and operations affected by the construction helps to determine possible safety problems. The affected areas should be identified in the construction safety drawings for each construction phase. (See paragraph 2.6.2.) Of particular concern are: 2.7.1.1 Closing, or Partial Closing, of Runways, Taxiways and Aprons, and Displaced Thresholds. When a runway is partially closed, a portion of the pavement is unavailable for any aircraft operation, meaning taxiing, landing, or takeoff in either direction on that pavement is prohibited. A displaced threshold, by contrast, is established to ensure obstacle clearance and adequate safety area for landing aircraft. The pavement prior to the displaced threshold is normally available for take-off in the direction of the displacement and for landing and takeoff in the opposite direction. Misunderstanding this difference, may result in issuance of an inaccurate NOTAM, and can lead to a hazardous condition. 2.7.1.1.1 Partially Closed Runways. The temporarily closed portion of a partially closed runway will generally extend from the threshold to a taxiway that may be used for entering and exiting the runway. If the closed portion extends to a point between taxiways, pilots will have to back-taxi on the runway, which is an undesirable operation. See Figure 2-1 for a desirable configuration. 2.7.1.1.2 Displaced Thresholds. Since the portion of the runway pavement between the permanent threshold and a standard displaced threshold is available for takeoff and for landing in the opposite direction, the temporary displaced threshold need not be located at an entrance/exit taxiway. See Figure 2-2. 2.7.1.2 Closing of aircraft rescue and fire fighting access routes. 2.7.1.3 Closing of access routes used by airport and airline support vehicles. 2.7.1.4 Interruption of utilities, including water supplies for fire fighting. 2.7.1.5 Approach/departure surfaces affected by heights of objects. 2.7.1.6 Construction areas, storage areas, and access routes near runways, taxiways, aprons, or helipads. 2-8 12/13/2017 AC 150/5370-2G Figure 2-1. Temporary Partially Closed Runway CHANGE LENSES AS NECESSARY OBLITERATE AIMING USE DECLARED POINT MARKING DISTANCES TO PROVIDE RSA COVER DISTANCE AND CLEAR REMAINING SIGN APPROACH AND IN THIS DIRECTION DEPARTURE SURFACE INSTALL SIGN AT BOTH ENDS OF THE RUNWAY (OPTIONAL) AVAILABLE 6750 FT RWY 2 TAKEOFF RUN INSTALL TEMPORARY RUNWAY DESIGNATION AND THRESHOLD BAR OBLITERATE TAXIWAY CENTERLINE MARKINGS TO CLOSED AREAS INSTALL TEMPORARY RUNWAY THRESHOLD/END LIGHTING INSTALL TEMPORARY TAXIWAY CLOSED MARKING INSTALL TEMPORARY REIL(OPTIONAL) BLAST FENCE TO PROTECT RUNWAY SAFETY CONSTRUCTION ZONE (MAY AREA EXTENDS OBLITERATE BE REQUIRED). IF BLAST REQUIRED DISTANCE TOUCHDOWN FENCE IS NOT USED, INSTALL PRIOR TO ZONE MARKING LOW PROFILE BARRICADES THRESHOLD INSTALL TEMPORARY CHEVRONS LOW PROFILE BARRICADES WITH FLASHERS SEE NOTE 1 OBLITERATE RUNWAY DESIGNATION AND CENTERLINE MARKINGS NOTES: DISCONNECT/COVER TAXIWAY DIRECTION 1.PLACE LOW PROFILE BARRICADES AT SIGNS ALL ACCESS POINTS TO CLOSED SECTION OF RUNWAY. 2.THIS FIGURE IS A SCHEMATIC REPRESENTATION AND NOT INTENDED FOR INSPECTION PURPOSES. REFER TO THE APPLICABLE ACs FOR GUIDANCE. 3.THIS FIGURE DEPICTS A TYPICAL TEMPORARY PARTIALLY CLOSED RUNWAY. THE ACTUAL TEMPORARY MEASURES WILL VARY PER EACH SPECIFIC SITUATION. 4.DISCONNECT/COVER LIGHTS IN CLOSED AREAS. 5.DURING CONSTRUCTION VASI AND PAPI DISCONNECT/COVER SYSTEMS SHOULD BE TAKEN OUT OF TAXIWAY DIRECTION SERVICE. SIGN CONSTRUCTION AREA DISCONNECT LIGHTS (TYPICAL) OBLITERATE THRESHOLD MARKINGS NOT TO SCALE 2-9 12/13/2017 AC 150/5370-2G Figure 2-2. Temporary Displaced Threshold OBLITERATE AIMING POINT MARKING INSTALL TEMPORARY RUNWAY DESIGNATION, ARROWHEADS AND DISPLACED THRESHOLD BAR USE DECLARED DISTANCES TO PROVIDE INSTALL TEMPORARY RSA AND CLEAR RUNWAY THRESHOLD LIGHTING APPROACH/DEPARTURE (INBOARD LIGHT IS YELLOW/GREEN, INSTALL SURFACE ALL OTHERS ARE BLANK/GREEN) TEMPORARY REIL (OPTIONAL) INSTALL TEMPORARY ARROWS TO EXISTING CENTERLINE MARKING, SEE NOTE OBLITERATE TOUCHDOWN ZONE TURN CENTERLINE LIGHTS AND CENTERLINE OFF IF DISPLACEMENT OF MARKING THRESHOLD IS MORE THAN 700' OBLITERATE RUNWAY DESIGNATION MARKING CHANGE EXISTING LIGHTS TO YELLOW/RED RUNWAY SAFETY AREA EXTENDS REQUIRED DISTANCE PRIOR TO THRESHOLD OBLITERATE THRESHOLD MARKINGS INSTALL RED/RED LIGHTS NOTES: 1.THIS FIGURE IS A SCHEMATIC REPRESENTATION BLAST FENCE OUTSIDE CONSTRUCTION AREA AND NOT INTENDED FOR INSPECTION PURPOSES. TOFA TO PROTECT REFER TO THE APPLICABLE ACs FOR GUIDANCE. CONSTRUCTION ZONE (MAY BE REQUIRED) 2.THIS FIGURE DIPICTS A TYPICAL TEMPORARY DISPLACED THRESHOLD. THE ACTUAL TEMPORARY MEASURES WILL VARY PER EACH SPECIFIC SITUATION. NOT TO SCALE 3.DURING CONSTRUCTION VASI AND PAPI SYSTEMS SHOULD BE TAKEN OUT OF SERVICE. Note: See paragraph 2.18.2.5. 2-10 12/13/2017 AC 150/5370-2G 2.7.2 Mitigation of Effects. Establishment of specific procedures is necessary to maintain the safety and efficiency of airport operations. The CSPP must address: 2.7.2.1 Temporary changes to runway and/or taxi operations. 2.7.2.2 Detours for ARFF and other airport vehicles. 2.7.2.3 Maintenance of essential utilities. 2.7.2.4 Temporary changes to air traffic control procedures. Such changes must be coordinated with the ATO. 2.8 Navigation Aid (NAVAID) Protection. Before commencing construction activity, parking vehicles, or storing construction equipment and materials near a NAVAID, coordinate with the appropriate FAA ATO/Technical Operations office to evaluate the effect of construction activity and the required distance and direction from the NAVAID. (See paragraph 2.13.5.3.) Construction activities, materials/equipment storage, and vehicle parking near electronic NAVAIDs require special consideration since they may interfere with signals essential to air navigation. If any NAVAID may be affected, the CSPP and SPCD must show an will be protected. Where applicable, the operational critical areas of NAVAIDs should be graphically delineated on the project drawings. Pay particular attention to stockpiling material, as well as to movement and parking of equipment that may interfere with line of sight from the ATCT or with electronic emissions. Interference from construction equipment and activities may require NAVAID shutdown or adjustment of instrument approach minimums for low visibility operations. This condition requires that a NOTAM be filed (see paragraph 2.13.2). Construction activities and materials/equipment storage near a NAVAID must not obstruct access to the equipment and instruments for maintenance. Submittal of a 7460-1 form is required for construction vehicles operating near FAA NAVAIDs. (See paragraph 2.13.5.3.) 2.9 Contractor Access. The CSPP must detail the areas to which the contractor must have access, and explain how contractor personnel will access those areas. Specifically address: 2.9.1 Location of Stockpiled Construction Materials. Stockpiled materials and equipment storage are not permitted within the RSA and OFZ, and if possible should not be permitted within the Object Free Area (OFA) of an operational runway. Stockpiling material in the OFA requires submittal of a 7460-1 form and justification provided to the appropriate FAA Airports Regional or District Office for approval. The airport operator must ensure that stockpiled materials and equipment adjacent to these areas are prominently marked and lighted during hours of restricted visibility or darkness. (See paragraph 2.18.2.) This includes determining and 2-11 12/13/2017 AC 150/5370-2G verifying that materials are stabilized and stored at an approved location so as not to be a hazard to aircraft operations and to prevent attraction of wildlife and foreign object damage from blowing or tracked material. See paragraphs 2.10 and 2.11. 2.9.2 Vehicle and Pedestrian Operations. The CSPP should include specific vehicle and pedestrian requirements. Vehicle and pedestrian access routes for airport construction projects must be controlled to prevent inadvertent or unauthorized entry of persons, vehicles, or animals onto the AOA. The airport operator should coordinate requirements for vehicle operations with airport tenants, contractors, and the FAA air traffic manager. In regard to vehicle and pedestrian operations, the CSPP should include the following, with associated training requirements: 2.9.2.1 Construction Site Parking. Designate in advance vehicle parking areas for contractor employees to prevent any unauthorized entry of persons or vehicles onto the AOA. These areas should provide reasonable contractor employee access to the job site. 2.9.2.2 Construction Equipment Parking. Contractor employees must park and service all construction vehicles in an area designated by the airport operator outside the OFZ and never in the safety area of an active runway or taxiway. Unless a complex setup procedure makes movement of specialized equipment infeasible, inactive equipment must not be parked on a closed taxiway or runway. If it is necessary to leave specialized equipment on a closed taxiway or runway at night, the equipment must be well lighted. Employees should also park construction vehicles outside the OFA when not in use by construction personnel (for example, overnight, on weekends, or during other periods when construction is not active). Parking areas must not obstruct the clear line of sight by the ATCT to any taxiways or runways under air traffic control nor obstruct any runway visual aids, signs, or navigation aids. The FAA must also study those areas to determine effects on airport design criteria, surfaces established by 14 CFR Part 77, Safe, Efficient Use, and Preservation of the Navigable Airspace (Part 77), and on NAVAIDs and Instrument Approach Procedures (IAP). See paragraph 2.13.1 for further information. 2.9.2.3 Access and Haul Roads. and haul roads. Do not permit the construction contractor to use any access or haul roads other than those approved. Access routes used by contractor vehicles must be clearly marked to prevent inadvertent entry to areas open to airport operations. Pay special attention to ensure that if construction traffic is to share or cross any ARFF routes that ARFF right of way is not impeded at any time, and that construction traffic on haul 2-12 12/13/2017 AC 150/5370-2G roads does not interfere with NAVAIDs or approach surfaces of operational runways. Address whether access gates will be blocked or inoperative or if a rally point will be blocked or inaccessible. 2.9.2.4 Marking and lighting of vehicles in accordance with AC 150/5210-5, Painting, Marking, and Lighting of Vehicles Used on an Airport. 2.9.2.5 Description of proper vehicle operations on various areas under normal, lost communications, and emergency conditions. 2.9.2.6 Required escorts. 2.9.2.7 Training Requirements for Vehicle Drivers to Ensure Compliance with the and Regulations. Specific training should be provided to vehicle operators, including those providing escorts. See AC 150/5210-20, Ground Vehicle Operations on Airports, for information on training and records maintenance requirements. 2.9.2.8 Situational Awareness. Vehicle drivers must confirm by personal observation that no aircraft is approaching their position (either in the air or on the ground) when given clearance to cross a runway, taxiway, or any other area open to airport operations. In addition, it is the responsibility of the escort vehicle driver to verify the movement/position of all escorted vehicles at any given time. At non-towered airports, all aircraft movements and flight operations rely on aircraft operators to self-report their positions and intentions. However, there is no requirement for an aircraft to have radio communications. Because aircraft do not always broadcast their positions or intentions, visual checking, radio monitoring, and situational awareness of the surroundings is critical to safety. 2.9.2.9 Two-Way Radio Communication Procedures. 2.9.2.9.1 General. The airport operator must ensure that tenant and construction contractor personnel engaged in activities involving unescorted operation on aircraft movement areas observe the proper procedures for communications, including using appropriate radio frequencies at airports with and without ATCT. When operating vehicles on or near open runways or taxiways, construction personnel must understand the critical importance of maintaining radio contact, as directed by the airport operator, with: 1. Airport operations 2. ATCT 2-13 12/13/2017 AC 150/5370-2G 3. Common Traffic Advisory Frequency (CTAF), which may include UNICOM, MULTICOM. 4. Automatic Terminal Information Service (ATIS). This frequency is useful for monitoring conditions on the airport. Local air traffic will broadcast information regarding construction related runway closures 2.9.2.9.2 Areas Requiring Two-Way Radio Communication with the ATCT. Vehicular traffic crossing active movement areas must be controlled either by two-way radio with the ATCT, escort, flagman, signal light, or other means appropriate for the particular airport. 2.9.2.9.3 Frequencies to be Used. The airport operator will specify the frequencies to be used by the contractor, which may include the CTAF for monitoring of aircraft operations. Frequencies may also be assigned by the airport operator for other communications, including any radio frequency in compliance with Federal Communications Commission requirements. At airports with an ATCT, the airport operator will specify the frequency assigned by the ATCT to be used between contractor vehicles and the ATCT. 2.9.2.9.4 Proper radio usage, including read back requirements. 2.9.2.9.5 Proper phraseology, including the International Phonetic Alphabet. 2.9.2.9.6 Light Gun Signals. Even though radio communication is maintained, escort vehicle drivers must also familiarize themselves with ATCT light gun signals in the event ded through the Runway Safety Program Web site at http://www.faa.gov/airports/runway_safety/publications/ rports Regional Office. 2.9.2.10 Maintenance of the secured area of the airport, including: 2.9.2.10.1 Fencing and Gates. Airport operators and contractors must take care to maintain security during construction when access points are created in the security fencing to permit the passage of construction vehicles or personnel. Temporary gates should be equipped so they can be securely closed and locked to prevent access by animals and unauthorized people. Procedures should be in place to ensure that only authorized persons and vehicles have access to The Department of Transportation (DOT) document DOT/FAA/AR- 2-14 12/13/2017 AC 150/5370-2G 00/52, Recommended Security Guidelines for Airport Planning and Construction, provides more specific information on fencing. A copy of this document can be obtained from the Airport Consultants Council, Airports Council International, or American Association of Airport Executives. 2.9.2.10.2 Badging Requirements. Airports subject to 49 CFR Part 1542, Airport Security, must meet standards for access control, movement of ground vehicles, and identification of construction contractor and tenant personnel. 2.10 Wildlife Management. management plan, if applicable. See AC 150/5200-33, Hazardous Wildlife Attractants On or Near Airports, and CertAlert 98-05, Grasses Attractive to Hazardous Wildlife. Construction contractors must carefully control and continuously remove waste or loose materials that might attract wildlife. Contractor personnel must be aware of and avoid construction activities that can create wildlife hazards on airports, such as: 2.10.1 Trash. Food scraps must be collected from construction personnel activity. 2.10.2 Standing Water. 2.10.3 Tall Grass and Seeds. Requirements for turf establishment can be at odds with requirements for wildlife control. Grass seed is attractive to birds. Lower quality seed mixtures can contain seeds of plants (such as clover) that attract larger wildlife. Seeding should comply with the guidance in AC 150/5370-10, Standards for Specifying Construction of Airports, Item T-901, Seeding. Contact the local office of the United Sates Department of Agriculture Soil Conservation Service or the State University Agricultural Extension Service (County Agent or equivalent) for assistance and recommendations. These agencies can also provide liming and fertilizer recommendations. 2.10.4 Poorly Maintained Fencing and Gates. See paragraph 2.9.2.10.1. 2.10.5 Disruption of Existing Wildlife Habitat. While this will frequently be unavoidable due to the nature of the project, the CSPP should specify under what circumstances (location, wildlife type) contractor personnel should immediately notify the airport operator of wildlife sightings. 2-15 12/13/2017 AC 150/5370-2G 2.11 Foreign Object Debris (FOD) Management. Waste and loose materials, commonly referred to as FOD, are capable of causing damage to aircraft landing gears, propellers, and jet engines. Construction contractors must not leave or place FOD on or near active aircraft movement areas. Materials capable of creating FOD must be continuously removed during the construction project. Fencing (other than security fencing) or covers may be necessary to contain material that can be carried by wind into areas where aircraft operate. See AC 150/5210-24, Foreign Object Debris (FOD) Management. 2.12 Hazardous Materials (HAZMAT) Management. Contractors operating construction vehicles and equipment on the airport must be prepared to expeditiously contain and clean-up spills resulting from fuel or hydraulic fluid leaks. Transport and handling of other hazardous materials on an airport also requires special procedures. See AC 150/5320-15, Management of Airport Industrial Waste. 2.13 Notification of Construction Activities. The CSPP and SPCD must detail procedures for the immediate notification of airport users and the FAA of any conditions adversely affecting the operational safety of the airport. It must address the notification actions described below, as applicable. 2.13.1 List of Responsible Representatives/points of contact for all involved parties, and procedures for contacting each of them, including after hours. 2.13.2 NOTAMs. Only the airport operator may initiate or cancel NOTAMs on airport conditions, and is the only entity that can close or open a runway. The airport operator must coordinate the issuance, maintenance, and cancellation of NOTAMs about airport conditions resulting from construction activities with tenants and the local air traffic facility (control tower, approach control, or air traffic control center), and must either enter the NOTAM into NOTAM Manager, or provide information on closed or hazardous conditions on airport movement areas to the FAA Flight Service Station (FSS) so it can issue a NOTAM. The airport operator must file and maintain a list of authorized representatives with the FSS. Refer to AC 150/5200-28, Notices to Airmen (NOTAMs) for Airport Operators, for a sample NOTAM form. Only the FAA may issue or cancel NOTAMs on shutdown or irregular operation of FAA owned facilities. Any person having reason to believe that a NOTAM is missing, incomplete, or inaccurate must notify the airport operator. See paragraph 2.7.1.1 about issuing NOTAMs for partially closed runways versus runways with displaced thresholds. 2-16 12/13/2017 AC 150/5370-2G 2.13.3 Emergency notification procedures for medical, fire fighting, and police response. 2.13.4 Coordination with ARFF. The CSPP must detail procedures for coordinating through the airport sponsor with ARFF personnel, mutual aid providers, and other emergency services if construction requires: 1. The deactivation and subsequent reactivation of water lines or fire hydrants, or 2. The rerouting, blocking and restoration of emergency access routes, or 3. The use of hazardous materials on the airfield. 2.13.5 Notification to the FAA. 2.13.5.1 Part 77. Any person proposing construction or alteration of objects that affect navigable airspace, as defined in Part 77, must notify the FAA. This includes construction equipment and proposed parking areas for this equipment (i.e., cranes, graders, other equipment) on airports. FAA Form 7460-1, Notice of Proposed Construction or Alteration, can be used for this purpose and submitted to the appropriate FAA Airports Regional or District Office. See Appendix A to download the form. Further guidance is available on the FAA web site at oeaaa.faa.gov. 2.13.5.2 Part 157. With some exceptions, Title 14 CFR Part 157, Notice of Construction, Alteration, Activation, and Deactivation of Airports, requires that the airport operator notify the FAA in writing whenever a non-Federally funded project involves the construction of a new airport; the construction, realigning, altering, activating, or abandoning of a runway, landing strip, or associated taxiway; or the deactivation or abandoning of an entire airport. Notification involves submitting FAA Form 7480-1, Notice of Landing Area Proposal, to the nearest FAA Airports Regional or District Office. See Appendix A to download the form. 2.13.5.3 NAVAIDs. For emergency (short-notice) notification about impacts to both airport owned and FAA owned NAVAIDs, contact: 866-432-2622. 2.13.5.3.1 Airport Owned/FAA Maintained. If construction operations require a shutdown of 24 hours or greater in duration, or more than 4 hours daily on consecutive days, of a NAVAID owned by the airport but maintained by the FAA, provide a 45-day minimum notice to FAA ATO/Technical Operations prior to facility shutdown, using Strategic Event Coordination (SEC) Form 6000.26 contained within FAA Order 6000.15, General Maintenance Handbook for National Airspace System (NAS) Facilities. 2-17 12/13/2017 AC 150/5370-2G 2.13.5.3.2 FAA Owned. 1. The airport operator must notify the appropriate FAA ATO Service Area Planning and Requirements (P&R) Group a minimum of 45 days prior to implementing an event that causes impacts to NAVAIDs, using SEC Form 6000.26. 2. Coordinate work for an FAA owned NAVAID shutdown with the local FAA ATO/Technical Operations office, including any necessary reimbursable agreements and flight checks. Detail procedures that address unanticipated utility outages and cable cuts that could impact FAA NAVAIDs. Refer to active Service Level Agreement with ATO for specifics. 2.14 Inspection Requirements. 2.14.1 Daily Inspections. Inspections should be conducted at least daily, but more frequently if necessary to ensure conformance with the CSPP. A sample checklist is provided in Appendix D, Construction Project Daily Safety Inspection Checklist. See also AC 150/5200-18, Airport Safety Self-Inspection. Airport operators holding a Part 139 certificate are required to conduct self-inspections during unusual conditions, such as construction activities, that may affect safe air carrier operations. 2.14.2 Interim Inspections. Inspections should be conducted of all areas to be (re)opened to aircraft traffic to ensure the proper operation of lights and signs, for correct markings, and absence of FOD. The contractor should conduct an inspection of the work area with airport operations personnel. The contractor should ensure that all construction materials have been secured, all pavement surfaces have been swept clean, all transition ramps have been properly constructed, and that surfaces have been appropriately marked for aircraft to should the air traffic control tower be notified to open the area to aircraft operations. The contractor should be required to retain a suitable workforce and the necessary equipment at the work area for any last minute cleanup that may be requested by the airport operator prior to opening the area. 2.14.3 Final Inspections. New runways and extended runway closures may require safety inspections at certificated airports prior to allowing air carrier service. Coordinate with the FAA Airport Certification Safety Inspector (ACSI) to determine if a final inspection will be necessary. 2-18 12/13/2017 AC 150/5370-2G 2.15 Underground Utilities. The CSPP and/or SPCD must include procedures for locating and protecting existing underground utilities, cables, wires, pipelines, and other underground facilities in excavation areas. This may involve coordinating with public utilities and FAA include FAA ATO/Technical Operations. 2.16 Penalties. The CSPP should detail penalty provisions for noncompliance with airport rules and regulations and the safety plans (for example, if a vehicle is involved in a runway incursion). Such penalties typically include rescission of driving privileges or access to the AOA. 2.17 Special Conditions. The CSPP must detail any special conditions that affect the operation of the airport and will require the activation of any special procedures (for example, low-visibility operations, snow removal, aircraft in distress, aircraft accident, security breach, Vehicle / Pedestrian Deviation (VPD) and other activities requiring construction suspension/resumption). 2.18 Runway and Taxiway Visual Aids. This includes marking, lighting, signs, and visual NAVAIDs. The CSPP must ensure that areas where aircraft will be operating are clearly and visibly separated from construction areas, including closed runways. Throughout the duration of the construction project, verify that these areas remain clearly marked and visible at all times and that marking, lighting, signs, and visual NAVAIDs that are to continue to perform their functions during construction remain in place and operational. Visual NAVAIDs that are not serving their intended function during construction must be temporarily disabled, covered, or modified as necessary. The CSPP must address the following, as appropriate: 2.18.1 General. Airport markings, lighting, signs, and visual NAVAIDs must be clearly visible to pilots, not misleading, confusing, or deceptive. All must be secured in place to prevent movement by prop wash, jet blast, wing vortices, and other wind currents and constructed of materials that will minimize damage to an aircraft in the event of inadvertent contact. Items used to secure such markings must be of a color similar to the marking. 2.18.2 Markings. During the course of construction projects, temporary pavement markings are often required to allow for aircraft operations during or between work periods. During the design phase of the project, the designer should coordinate with the project manager, 2-19 12/13/2017 AC 150/5370-2G airport operations, airport users, the FAA Airports project manager, and Airport Certification Safety Inspector for Part 139 airports to determine minimum temporary markings. The FAA Airports project manager will, wherever a runway is closed, coordinate with the appropriate FAA Flight Standards Office and disseminate findings to all parties. Where possible, the temporary markings on finish grade pavements should be placed to mirror the dimensions of the final markings. Markings must be in compliance with the standards of AC 150/5340-1, Standards for Airport Markings, except as noted herein. Runways and runway exit taxiways closed to aircraft operations are marked with a yellow X. The preferred visual aid to depict temporary runway closure is the lighted X signal placed on or near the runway designation numbers. (See paragraph 2.18.2.1.2.) 2.18.2.1 Closed Runways and Taxiways. 2.18.2.1.1 Permanently Closed Runways. For runways, obliterate the threshold marking, runway designation marking, and touchdown zone markings, and place an X at each end and at 1,000-foot (300 m) intervals. For a multiple runway environment, if the lighted X on a designated number will be located in the RSA of an adjacent active runway, locate the lighted X farther down the closed runway to clear the RSA of the active runway. In addition, the closed runway numbers located in the RSA of an active runway must be marked with a flat yellow X. 2.18.2.1.2 Temporarily Closed Runways. For runways that have been temporarily closed, place an X at each end of the runway directly on or as near as practicable to the runway designation numbers. For a multiple runway environment, if the lighted X on a designated number will be located in the RSA of an adjacent active runway, locate the lighted X farther down the closed runway to clear the RSA of the active runway. In addition, the closed runway numbers located in the RSA of an active runway must be marked with a flat yellow X. See Figure 2-3. See also paragraph 2.18.3.3. 2.18.2.1.3 Partially Closed Runways and Displaced Thresholds. When threshold markings are needed to identify the temporary beginning of the runway that is available for landing, the markings must comply with AC 150/5340-1. An X is not used on a partially closed runway or a runway with a displaced threshold. See paragraph 2.7.1.1 for the difference between partially closed runways and runways with displaced thresholds. Because of the temporary nature of threshold displacement due to construction, it is not necessary to re-adjust the existing runway centerline markings to meet standard spacing for a runway with a visual approach. Some of the requirements below may be waived in the cases of low-activity airports and/or short duration changes that are measured in days rather than weeks. Consider whether the presence of an airport traffic 2-20 12/13/2017 AC 150/5370-2G control tower allows for the development of special procedures. Contact the appropriate FAA Airports Regional or District Office for assistance. Figure 2-3. Markings for a Temporarily Closed Runway 1. Partially Closed Runways. Pavement markings for temporary closed portions of the runway consist of a runway threshold bar, runway designation, and yellow chevrons to identify pavement areas that are unsuitable for takeoff or landing (see AC 150/5340-1). Obliterate or cover markings prior to the moved threshold. Existing touchdown zone markings beyond the moved threshold may remain in place. Obliterate aiming point markings. Issue appropriate NOTAMs regarding any nonstandard markings. See Figure 2-4. 2. Displaced Thresholds. Pavement markings for a displaced threshold consist of a runway threshold bar, runway designation, and white arrowheads with and without arrow shafts. These markings are required to identify the portion of the runway before the displaced threshold to provide centerline guidance for pilots during approaches, takeoffs, and landing rollouts from the opposite direction. See AC 150/5340-1. Obliterate markings prior to the displaced threshold. Existing touchdown zone markings beyond the displaced threshold may remain in place. Obliterate aiming point markings. Issue appropriate NOTAMs regarding any nonstandard markings. See Figure 2-2. 2-21 12/13/2017 AC 150/5370-2G 2.18.2.1.4 Taxiways. 1. Permanently Closed Taxiways. AC 150/5300-13 Airport Design, notes that it is preferable to remove the pavement, but for pavement that is to remain, place an X at the entrance to both ends of the closed section. Obliterate taxiway centerline markings, including runway leadoff lines, leading to the closed taxiway. See Figure 2-4. Figure 2-4. Temporary Taxiway Closure OBLITERATE LEAD-OFF CENTERLINE FOR EXTENDED CLOSURE TAXIWAY CLOSURE MARKER RSA BOUNDARY CLOSED TAXIWAY HOLDING POSITION MARKING LOW PROFILE BARRICADES WITH FLASHERS LOW PROFILE BARRICADES WITH FLASHERS TSA BOUNDARY 2-22 12/13/2017 AC 150/5370-2G 2. Temporarily Closed Taxiways. Place barricades outside the safety area of intersecting taxiways. For runway/taxiway intersections, place an X at the entrance to the closed taxiway from the runway. If the taxiway will be closed for an extended period, obliterate taxiway centerline markings, including runway leadoff lines and taxiway to taxiway turns, leading to the closed section. Always obliterate runway lead-off lines for high speed exits, regardless of the duration of the closure. If the centerline markings will be reused upon reopening the taxiway, it is preferable to paint over the marking. This will result in less damage to the pavement when the upper layer of paint is ultimately removed. See Figure 2-4. 2.18.2.1.5 Temporarily Closed Airport. When the airport is closed temporarily, mark all the runways as closed. 2.18.2.2 If unable to paint temporary markings on the pavement, construct them from any of the following materials: fabric, colored plastic, painted sheets of plywood, or similar materials. They must be properly configured and appropriately secured to prevent movement by prop wash, jet blast, or other wind currents. Items used to secure such markings must be of a color similar to the marking. 2.18.2.3 It may be necessary to remove or cover runway markings, including but not limited to, runway designation markings, threshold markings, centerline markings, edge stripes, touchdown zone markings and aiming point markings, depending on the length of construction and type of activity at the airport. When removing runway markings, apply the same treatment to areas between stripes or numbers, as the cleaned area will appear to pilots as a marking in the shape of the treated area. 2.18.2.4 If it is not possible to install threshold bars, chevrons, and arrows on the pavement, Figure 2-5, may be used. Locate them outside of the runway pavement surface on both sides of the runway. The dimensions must be as shown in Figure 2-5. If the markings are not discernible on grass or snow, apply a black background with appropriate material over the ground to ensure they are clearly visible. 2.18.2.5 The application rate of paint to mark a short-term temporary runway and taxiway markings may deviate from the standard (see Item P-620, AC 150/5370-10), but the dimensions must meet the existing standards. When applying temporary markings at night, it is recommended that the fast curing, Type II paint be used to help offset the higher humidity and cooler temperatures often experienced at night. Diluting the paint will substantially increase cure time and is not recommended. Glass beads are not recommended for temporary markings. Striated markings may also be used for certain temporary markings. AC 2-23 12/13/2017 AC 150/5370-2G 150/5340-1, Standards for Airport Markings, has additional guidance on temporary markings. Figure 2-5. Temporary Outboard White Threshold Bars and Yellow Arrowheads INSTALL TEMPORARY WHITE THRESHOLD BARS AND YELLOW ARROWHEADS ON BOTH SIDES SEE DETAIL BELOW CLOSED PORTION OF RUNWAY W W/2 W/4 10' 5' 45' 3' 15' SHOULDER EDGE YELLOW ARROWHEAD DETAIL 2-24 12/13/2017 AC 150/5370-2G 2.18.3 Lighting and Visual NAVAIDs. This paragraph refers to standard runway and taxiway lighting systems. See below for hazard lighting. Lighting installation must be in conformance with AC 150/5340-30, Design and Installation Details for Airport Visual Aids, and fixture design in conformance with AC 150/5345-50, Specification for Portable Runway and Taxiway Lights. When disconnecting runway and taxiway lighting fixtures, disconnect the associated isolation transformers. See AC 150/5340-26, Maintenance of Airport Visual Aid Facilities, for disconnect procedures and safety precautions. Alternately, cover the light fixture in such a way as to prevent light leakage. Avoid removing the lamp from energized fixtures because an excessive number of isolation transformers with open secondaries may damage the regulators and/or increase the current above its normal value. Secure, identify, and place any above ground temporary wiring in conduit to prevent electrocution and fire ignition sources. Maintain mandatory hold signs to operate normally in any situation where pilots or vehicle drivers could mistakenly be in that location. At towered airports certificated under Part 139, holding position signs are required to be illuminated on open taxiways crossing to closed or inactive runways. If the holding position sign is installed on the runway circuit for the closed runway, install a jumper to the taxiway circuit to provide power to the holding position sign for nighttime operations. Where it is not possible to maintain power to signs that would normally be operational, install barricades to exclude aircraft. Figure 2-1, Figure 2-2, Figure 2-3, and Figure 2-4 illustrate temporary changes to lighting and visual NAVAIDs. 2.18.3.1 Permanently Closed Runways and Taxiways. For runways and taxiways that have been permanently closed, disconnect the lighting circuits. 2.18.3.2 Temporarily Closed Runways and New Runways Not Yet Open to Air Traffic. If available, use a lighted X, both at night and during the day, placed at each end of the runway on or near the runway designation numbers facing the approach. (Note that the lighted X must be illuminated at all times that it is on a runway.) The use of a lighted X is required if night work requires runway lighting to be on. See AC 150/5345-55, Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway Closure. For runways that have been temporarily closed, but for an extended period, and for those with pilot controlled lighting, disconnect the lighting circuits or secure switches to prevent inadvertent activation. For runways that will be opened periodically, coordinate procedures with the FAA air traffic manager or, at airports without an ATCT, the airport operator. Activate stop bars if available. Figure 2-6 shows a lighted X by day. Figure 2-7 shows a lighted X at night. 2-25 12/13/2017 AC 150/5370-2G Figure 2-6. Lighted X in Daytime Figure 2-7. Lighted X at Night 2.18.3.3 Partially Closed Runways and Displaced Thresholds. When a runway is partially closed, a portion of the pavement is unavailable for any aircraft operation, meaning taxiing and landing or taking off in either direction. A displaced threshold, by contrast, is put in place to ensure obstacle clearance by landing aircraft. The pavement prior to the displaced threshold is available for takeoff in the direction of the displacement, and for landing and takeoff in the opposite direction. Misunderstanding this difference and issuance of a subsequently inaccurate NOTAM can result in a hazardous situation. For both partially 2-26 12/13/2017 AC 150/5370-2G closed runways and displaced thresholds, approach lighting systems at the affected end must be placed out of service. 2.18.3.3.1 Partially Closed Runways. Disconnect edge and threshold lights on that part of the runway at and behind the threshold (that is, the portion of the runway that is closed). Alternately, cover the light fixtures in such a way as to prevent light leakage. See Figure 2-1. 2.18.3.3.2 Temporary Displaced Thresholds. Edge lighting in the area of the displacement emits red light in the direction of approach and yellow light (white for visual runways) in the opposite direction. If the displacement is 700 feet or less, blank out centerline lights in the direction of approach or place the centerline lights out of service. If the displacement is over 700 feet, place the centerline lights out of service. See AC 150/5340-30 for details on lighting displaced thresholds. See Figure 2-2. 2.18.3.3.3 Temporary runway thresholds and runway ends must be lighted if the runway is lighted and it is the intended threshold for night landings or instrument meteorological conditions. 2.18.3.3.4 A temporary threshold on an unlighted runway may be marked by retroreflective, elevated markers in addition to markings noted in paragraph 2.18.2.1.3. Markers seen by aircraft on approach are green. Markers at the rollout end of the runway are red. At certificated airports, temporary elevated threshold markers must be mounted with a frangible fitting (see 14 CFR Part 139.309). At non-certificated airports, the temporary elevated threshold markings may either be mounted with a frangible fitting or be flexible. See AC 150/5345-39, Specification for L- 853, Runway and Taxiway Retroreflective Markers. 2.18.3.3.5 Temporary threshold lights and runway end lights and related visual NAVAIDs are installed outboard of the edges of the full-strength pavement only when they cannot be installed on the pavement. They are installed with bases at grade level or as low as possible, but not more than 3 inch (7.6 cm) above ground. (The standard above ground height for airport lighting fixtures is 14 inches (35 cm)). When any portion of a base is above grade, place properly compacted fill around the base to minimize the rate of gradient change so aircraft can, in an emergency, cross at normal landing or takeoff speeds without incurring significant damage. See AC 150/5370-10. 2.18.3.3.6 Maintain threshold and edge lighting color and spacing standards as described in AC 150/5340-30. Battery powered, solar, or portable lights that meet the criteria in AC 150/5345-50 may be used. These systems are intended primarily for visual flight rules (VFR) aircraft operations but may 2-27 12/13/2017 AC 150/5370-2G be used for instrument flight rules (IFR) aircraft operations, upon individual approval from the Flight Standards Division of the applicable FAA Regional Office. 2.18.3.3.7 When runway thresholds are temporarily displaced, reconfigure yellow lenses (caution zone), as necessary, and place the centerline lights out of service. 2.18.3.3.8 Relocate the Visual Glide Slope Indicator (VGSI), such as Visual Approach Slope Indicator (VASI) and Precision Approach Path Indicator (PAPI); other airport lights, such as Runway End Identifier Lights (REIL); and approach lights to identify the temporary threshold. Another option is to disable the VGSI or any equipment that would give misleading indications to pilots as to the new threshold location. Installation of temporary visual aids may be necessary to provide adequate guidance to pilots on approach to the affected runway. If the FAA owns and operates the VGSI, coordinate its installation or disabling with the local ATO/Technical Operations Office. Relocation of such visual aids will depend on the duration of the project and the benefits gained from the relocation, as this can result in great expense. See FAA JO 6850.2, Visual Guidance Lighting Systems, for installation criteria for FAA owned and operated NAVAIDs. 2.18.3.3.9 Issue a NOTAM to inform pilots of temporary lighting conditions. 2.18.3.4 Temporarily Closed Taxiways. If possible, deactivate the taxiway lighting circuits. When deactivation is not possible (for example other taxiways on the same circuit are to remain open), cover the light fixture in a way as to prevent light leakage. 2.18.4 Signs. To the extent possible, signs must be in conformance with AC 150/5345-44, Specification for Runway and Taxiway Signs, and AC 150/5340-18, Standard for Airport Sign Systems. 2.18.4.1 Existing Signs. Runway exit signs are to be covered for closed runway exits. Outbound destination signs are to be covered for closed runways. Any time a sign does not serve its normal function or would provide conflicting information, it must be covered or removed to prevent misdirecting pilots. Note that information signs identifying a crossing taxiway continue to perform their normal function even if the crossing taxiway is closed. For long term construction projects, consider relocating signs, especially runway distance remaining signs. 2-28 12/13/2017 AC 150/5370-2G 2.18.4.2 Temporary Signs. Orange construction signs comprise a message in black on an orange background. Orange construction signs may help pilots be aware of changed conditions. The airport operator may choose to introduce these signs as part of a movement area construction project to increase situational awareness when needed. Locate signs outside the taxiway safety limits and ahead of construction areas so pilots can take timely action. Use temporary signs judiciously, striking a balance between the need for information and the increase in pilot workload. When there is a hold signs must take precedence over orange construction signs recommended during construction. Temporary signs must meet the standards for such signs in Engineering Brief 93, Guidance for the Assembly and Installation of Temporary Orange Construction Signs. Many criteria in AC 150/5345-44, Specification for Runway and Taxiway Signs, are referenced in the Engineering Brief. Permissible sign legends are: 1. CONSTRUCTION AHEAD, 2. CONSTRUCTION ON RAMP, and 3. RWY XX TAKEOFF RUN AVAILABLE XXX FT. Phasing, supported by drawings and sign schedule, for the installation of orange construction signs must be included in the CSPP or SPCD. 2.18.4.2.1 Takeoff Run Available (TORA) signs. Recommended: Where a runway has been shortened for takeoff, install orange TORA signs well before the hold lines, such as on a parallel taxiway prior to a turn to a runway hold position. See EB 93 for sign size and location. 2.18.4.2.2 Sign legends are shown in Figure F-1. Note: See Figure E-1, Figure E-2, Figure E-3, Figure F-2, and Figure F-3 for examples of orange construction sign locations. 2.19 Marking and Signs for Access Routes. The CSPP should indicate that pavement markings and signs for construction personnel will conform to AC 150/5340-18 and, to the extent practicable, with the Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) and/or State highway specifications. Signs adjacent to areas used by aircraft must comply with the frangibility requirements of AC 150/5220-23, Frangible Connections, which may require modification to size and height guidance in the MUTCD. 2-29 12/13/2017 AC 150/5370-2G 2.20 Hazard Marking, Lighting and Signing. 2.20.1 Hazard marking, lighting, and signing prevent pilots from entering areas closed to aircraft, and prevent construction personnel from entering areas open to aircraft. The CSPP must specify prominent, comprehensible warning indicators for any area affected by construction that is normally accessible to aircraft, personnel, or vehicles. Hazard marking and lighting must also be specified to identify open manholes, small areas under repair, stockpiled material, waste areas, and areas subject to jet blast. Also consider less obvious construction-related hazards and include markings to identify FAA, airport, and National Weather Service facilities cables and power lines; instrument landing system (ILS) critical areas; airport surfaces, such as RSA, OFA, and OFZ; and other sensitive areas to make it easier for contractor personnel to avoid these areas. 2.20.2 Equipment. 2.20.2.1 Barricades. Low profile barricades, including traffic cones, (weighted or sturdily attached to the surface) are acceptable methods used to identify and define the limits of construction and hazardous areas on airports. Careful consideration must be given to selecting equipment that poses the least danger to aircraft but is sturdy enough to remain in place when subjected to typical winds, prop wash and jet blast. The spacing of barricades must be such that a breach is physically prevented barring a deliberate act. For example, if barricades are intended to exclude aircraft, gaps between barricades must be smaller than the wingspan of the smallest aircraft to be excluded; if barricades are intended to exclude vehicles, gaps between barricades must be smaller than the width of the excluded vehicles, generally 4 feet (1.2 meters). Provision must be made for ARFF access if necessary. If barricades are intended to exclude pedestrians, they must be continuously linked. Continuous linking may be accomplished through the use of ropes, securely attached to prevent FOD. 2.20.2.2 Lights. Lights must be red, either steady burning or flashing, and must meet the luminance requirements of the State Highway Department. Batteries powering lights will last longer if lights flash. Lights must be mounted on barricades and spaced at no more than 10 feet (3 meters). Lights must be operated between sunset and sunrise and during periods of low visibility whenever the airport is open for operations. They may be operated by photocell, but this may require that the contractor turn them on manually during periods of low visibility during daytime hours. 2.20.2.3 Supplement Barricades with Signs (for example) As Necessary. . effects of wind and jet blast on barricades with attached signs. 2-30 12/13/2017 AC 150/5370-2G 2.20.2.4 Air Operations Area General. Barricades are not permitted in any active safety area or on the runway side of a runway hold line. Within a runway or taxiway object free area, and on aprons, use orange traffic cones, flashing or steady burning red lights as noted above, highly reflective collapsible barricades marked with diagonal, alternating orange and white stripes; and/or signs to separate all construction/maintenance areas from the movement area. Barricades may be supplemented with alternating orange and white flags at least 20 by 20 inch (50 by 50 cm) square and securely fastened to eliminate FOD. All barricades adjacent to any open runway or taxiway / taxilane safety area, or apron must be as low as possible to the ground, and no more than 18 inches high, exclusive of supplementary lights and flags. Barricades must be of low mass; easily collapsible upon contact with an aircraft or any of its components; and weighted or sturdily attached to the surface to prevent displacement from prop wash, jet blast, wing vortex, and other surface wind currents. If affixed to the surface, they must be frangible at grade level or as low as possible, but not to exceed 3 inch (7.6 cm) above the ground. Figure 2-8 and Figure 2-9 show sample barricades with proper coloring and flags. Figure 2-8. Interlocking Barricades 2-31 12/13/2017 AC 150/5370-2G Figure 2-9. Low Profile Barricades 2.20.2.5 Air Operations Area Runway/Taxiway Intersections. Use highly reflective barricades with lights to close taxiways leading to closed runways. Evaluate all operating factors when determining how to mark temporary closures that can last from 10 to 15 minutes to a much longer period of time. However, even for closures of relatively short duration, close all taxiway/runway intersections with barricades. The use of traffic cones is appropriate for short duration closures. 2.20.2.6 Air Operations Area Other. Beyond runway and taxiway object free areas and aprons, barricades intended for construction vehicles and personnel may be many different shapes and made from various materials, including railroad ties, sawhorses, jersey barriers, or barrels. 2.20.2.7 Maintenance. The construction specifications must include a provision requiring the contractor to have a person on call 24 hours a day for emergency maintenance of airport hazard lighting and barricades. The contractor must should be checked for proper operation at least once per day, preferably at dusk. 2.21 Work Zone Lighting for Nighttime Construction. Lighting equipment must adequately illuminate the work area if the construction is to be performed during nighttime hours. Refer to AC 150/5370-10 for minimum illumination levels for nighttime paving projects. Additionally, it is recommended that all support equipment, except haul trucks, be equipped with artificial illumination to safely 2-32 12/13/2017 AC 150/5370-2G illuminate the area immediately surrounding their work areas. The lights should be positioned to provide the most natural color illumination and contrast with a minimum of shadows. The spacing must be determined by trial. Light towers should be positioned and adjusted to aim away from ATCT cabs and active runways to prevent blinding effects. Shielding may be necessary. Light towers should be removed from the construction site when the area is reopened to aircraft operations. Construction lighting units should be identified and generally located on the construction phasing plans in relationship to the ATCT and active runways and taxiways. 2.22 Protection of Runway and Taxiway Safety Areas. Runway and taxiway safety areas, OFZs, OFAs, and approach surfaces are described in AC 150/5300-13. Protection of these areas includes limitations on the location and height of equipment and stockpiled material. An FAA airspace study may be required. Coordinate with the appropriate FAA Airports Regional or District Office if there is any doubt as to requirements or dimensions (see paragraph 2.13.5) as soon as the location and height of materials or equipment are known. The CSPP should include drawings showing all safety areas, object free areas, obstacle free zones and approach departure surfaces affected by construction. 2.22.1 Runway Safety Area (RSA). A runway safety area is the defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway (see AC 150/5300-13). Construction activities within the existing RSA are subject to the following conditions: 2.22.1.1 No construction may occur within the existing RSA while the runway is open for aircraft operations. The RSA dimensions may be temporarily adjusted if the runway is restricted to aircraft operations requiring an RSA that is equal to the RSA width and length beyond the runway ends available during construction. (See AC 150/5300-13). The temporary use of declared distances and/or partial runway closures may provide the necessary RSA under certain circumstances. Coordinate with the appropriate FAA Airports Regional or District Office to have declared distances information published, and appropriate NOTAMs issued. See AC 150/5300-13 for guidance on the use of declared distances. 2.22.1.2 The airport operator must coordinate the adjustment of RSA dimensions as permitted above with the appropriate FAA Airports Regional or District Office and the local FAA air traffic manager and issue a NOTAM. 2.22.1.3 The CSPP and SPCD must provide procedures for ensuring adequate distance for protection from blasting operations, if required by operational considerations. 2-33 12/13/2017 AC 150/5370-2G 2.22.1.4 Excavations. 2.22.1.4.1 Open trenches or excavations are not permitted within the RSA while the runway is open. Backfill trenches before the runway is opened. If backfilling excavations before the runway must be opened is impracticable, cover the excavations appropriately. Covering for open trenches must be designed to allow the safe operation of the heaviest aircraft operating on the runway across the trench without damage to the aircraft. 2.22.1.4.2 Construction contractors must prominently mark open trenches and excavations at the construction site with red or orange flags, as approved by the airport operator, and light them with red lights during hours of restricted visibility or darkness. 2.22.1.5 Erosion Control. Soil erosion must be controlled to maintain RSA standards, that is, the RSA must be cleared and graded and have no potentially hazardous ruts, humps, depressions, or other surface variations, and capable, under dry conditions, of supporting snow removal equipment, aircraft rescue and fire fighting equipment, and the occasional passage of aircraft without causing structural damage to the aircraft. 2.22.2 Runway Object Free Area (ROFA). Construction, including excavations, may be permitted in the ROFA. However, equipment must be removed from the ROFA when not in use, and material should not be stockpiled in the ROFA if not necessary. Stockpiling material in the OFA requires submittal of a 7460-1 form and justification provided to the appropriate FAA Airports Regional or District Office for approval. 2.22.3 Taxiway Safety Area (TSA). 2.22.3.1 A taxiway safety area is a defined surface alongside the taxiway prepared or suitable for reducing the risk of damage to an airplane unintentionally departing the taxiway. (See AC 150/5300-13.) Since the width of the TSA is equal to the wingspan of the design aircraft, no construction may occur within the TSA while the taxiway is open for aircraft operations. The TSA dimensions may be temporarily adjusted if the taxiway is restricted to aircraft operations requiring a TSA that is equal to the TSA width available during construction. Give special consideration to TSA dimensions at taxiway turns and intersections. (see AC 150/5300-13). 2.22.3.2 The airport operator must coordinate the adjustment of the TSA width as permitted above with the appropriate FAA Airports Regional or District Office and the FAA air traffic manager and issue a NOTAM. 2-34 12/13/2017 AC 150/5370-2G 2.22.3.3 The CSPP and SPCD must provide procedures for ensuring adequate distance for protection from blasting operations. 2.22.3.4 Excavations. 1. Curves. Open trenches or excavations are not permitted within the TSA while the taxiway is open. Trenches should be backfilled before the taxiway is opened. If backfilling excavations before the taxiway must be opened is impracticable, cover the excavations appropriately. Covering for open trenches must be designed to allow the safe operation of the heaviest aircraft operating on the taxiway across the trench without damage to the aircraft. 2. Straight Sections. Open trenches or excavations are not permitted within the TSA while the taxiway is open for unrestricted aircraft operations. Trenches should be backfilled before the taxiway is opened. If backfilling excavations before the taxiway must be opened is impracticable, cover the excavations to allow the safe passage of ARFF equipment and of the heaviest aircraft operating on the taxiway across the trench without causing damage to the equipment or aircraft. In rare circumstances where the section of taxiway is indispensable for aircraft movement, open trenches or excavations may be permitted in the TSA while the taxiway is open to aircraft operations, subject to the following restrictions: a. Taxiing speed is limited to 10 mph. b. Appropriate NOTAMs are issued. c. Marking and lighting meeting the provisions of paragraphs 2.18 and 2.20 are implemented. d. Low mass, low-profile lighted barricades are installed. e. Appropriate temporary orange construction signs are installed. 3. Construction contractors must prominently mark open trenches and excavations at the construction site with red or orange flags, as approved by the airport operator, and light them with red lights during hours of restricted visibility or darkness. 2.22.3.5 Erosion control. Soil erosion must be controlled to maintain TSA standards, that is, the TSA must be cleared and graded and have no potentially hazardous ruts, humps, depressions, or other surface variations, and capable, under dry conditions, of supporting snow removal equipment, aircraft rescue and firefighting equipment, and the occasional passage of aircraft without causing structural damage to the aircraft. 2-35 12/13/2017 AC 150/5370-2G 2.22.4 Taxiway Object Free Area (TOFA). Unlike the Runway Object Free Area, aircraft wings regularly penetrate the taxiway object free area during normal operations. Thus, the restrictions are more stringent. Except as provided below, no construction may occur within the taxiway object free area while the taxiway is open for aircraft operations. 2.22.4.1 The taxiway object free area dimensions may be temporarily adjusted if the taxiway is restricted to aircraft operations requiring a taxiway object free area that is equal to the taxiway object free area width available. Give special consideration to TOFA dimensions at taxiway turns and intersections. 2.22.4.2 Offset taxiway centerline and edge pavement markings (do not use glass beads) may be used as a temporary measure to provide the required taxiway object free area. Where offset taxiway pavement markings are provided, centerline lighting, centerline reflectors, or taxiway edge reflectors are required. Existing lighting that does not coincide with the temporary markings must be taken out of service. 2.22.4.3 Construction activity, including open excavations, may be accomplished without adjusting the width of the taxiway object free area, subject to the following restrictions: 2.22.4.3.1 Taxiing speed is limited to 10 mph. 2.22.4.3.2 NOTAMs issued advising taxiing pilots of hazard and recommending reduced taxiing speeds on the taxiway. 2.22.4.3.3 Marking and lighting meeting the provisions of paragraphs 2.18 and 2.20 are implemented. 2.22.4.3.4 If desired, appropriate orange construction signs are installed. See paragraph 2.18.4.2 and Appendix F. 2.22.4.3.5 Five-foot clearance is maintained between equipment and materials and any part of an aircraft (includes wingtip overhang). If such clearance can only be maintained if an aircraft does not have full use of the entire taxiway width (with its main landing gear at the edge of the usable pavement), then it will be necessary to move personnel and equipment for the passage of that aircraft. 2.22.4.3.6 Flaggers furnished by the contractor must be used to direct and control construction equipment and personnel to a pre-established setback distance for safe passage of aircraft, and airline and/or airport personnel. Flaggers must also be used to direct taxiing aircraft. Due to liability issues, the airport operator should require airlines to provide flaggers for directing taxiing aircraft. 2-36 12/13/2017 AC 150/5370-2G 2.22.5 Obstacle Free Zone (OFZ). In general, personnel, material, and/or equipment may not penetrate the OFZ while the runway is open for aircraft operations. If a penetration to the OFZ is necessary, it may be possible to continue aircraft operations through operational restrictions. Coordinate with the FAA through the appropriate FAA Airports Regional or District Office. 2.22.6 Runway Approach/Departure Areas and Clearways. All personnel, materials, and/or equipment must remain clear of the applicable threshold siting surfaces, as defined in AC 150/5300-13. Objects that do not penetrate these surfaces may still be obstructions to air navigation and may affect standard instrument approach procedures. Coordinate with the FAA through the appropriate FAA Airports Regional or District Office. 2.22.6.1 Construction activity in a runway approach/departure area may result in the need to partially close a runway or displace the existing runway threshold. Partial runway closure, displacement of the runway threshold, as well as closure of the complete runway and other portions of the movement area also require coordination through the airport operator with the appropriate FAA air traffic manager (FSS if non-towered) and ATO/Technical Operations (for affected NAVAIDS) and airport users. 2.22.6.2 Caution About Partial Runway Closures. When filing a NOTAM for a partial runway closure, clearly state that the portion of pavement located prior to the threshold is not available for landing and departing traffic. In this case, the threshold has been moved for both landing and takeoff purposes (this is different than a displaced threshold). There may be situations where the portion of closed runway is available for taxiing only. If so, the NOTAM must reflect this condition). 2.22.6.3 Caution About Displaced Thresholds. Implementation of a displaced threshold affects runway length available for aircraft landing over the displacement. Depending on the reason for the displacement (to provide obstruction clearance or RSA), such a displacement may also require an adjustment in the landing distance available and accelerate-stop distance available in the opposite direction. If project scope includes personnel, equipment, excavation, or other work within the existing RSA of any usable runway end, do not implement a displaced threshold unless arrivals and departures toward the construction activity are prohibited. Instead, implement a partial closure. 2.23 Other Limitations on Construction. The CSPP must specify any other limitations on construction, including but not limited to: 2-37 12/13/2017 AC 150/5370-2G 2.23.1 Prohibitions. 2.23.1.1 No use of tall equipment (cranes, concrete pumps, and so on) unless a 7460-1 determination letter is issued for such equipment. 2.23.1.2 No use of open flame welding or torches unless fire safety precautions are provided and the airport operator has approved their use. 2.23.1.3 No use of electrical blasting caps on or within 1,000 feet (300 meters) of the airport property. See AC 150/5370-10. 2.23.2 Restrictions. 2.23.2.1 Construction suspension required during specific airport operations. 2.23.2.2 Areas that cannot be worked on simultaneously. 2.23.2.3 Day or night construction restrictions. 2.23.2.4 Seasonal construction restrictions. 2.23.2.5 Temporary signs not approved by the airport operator. 2.23.2.6 Grades changes that could result in unplanned effects on NAVAIDs. 2-38 12/13/2017 AC 150/5370-2G CHAPTER3.GUIDELINES FOR WRITING A CSPP 3.1 General Requirements. The CSPP is a standalone document written to correspond with the subjects outlined in paragraph 2.4. The CSPP is organized by numbered sections corresponding to each subject listed in paragraph 2.4, and described in detail in paragraphs 2.5 - 2.23. Each section number and title in the CSPP matches the corresponding subject outlined in paragraph 2.4 (for example, 1. Coordination, 2. Phasing, 3. Areas and Operations Affected by the Construction Activity, and so on). With the exception of the project scope of work outlined in Section 2. Phasing, only subjects specific to operational safety during construction should be addressed. 3.2 Applicability of Subjects. Each section should, to the extent practical, focus on the specific subject. Where an overlapping requirement spans several sections, the requirement should be explained in detail in the most applicable section. A reference to that section should be included in all other sections where the requirement may apply. For example, the requirement to protect existing underground FAA ILS cables during trenching operations could be considered FAA ATO coordination (Coordination, paragraph 2.5.3), an area and operation affected by the construction activity (Areas and Operations Affected by the Construction Activity, paragraph 2.7.1.4), a protection of a NAVAID (Protection of Navigational Aids (NAVAIDs), paragraph 2.8), or a notification to the FAA of construction activities (Notification of Construction Activities, paragraph 2.13.5.3.2). However, it is more specifically an underground utility requirement (Underground Utilities, paragraph 2.15). The procedure for protecting underground ILS cables during The contractor must coordinate with the local FAA System Support Center (SSC) to mark existing ILS cable routes along Runway 17-35. The ILS cables will be located by hand digging whenever the trenching operation moves within 10 feet of the cable markings. ILS cables shall be identified and protected as described in 2.4.2.11See 2.4.2.11 for ILS cable identification and protection requirements. whole, with no need to duplicate responses to related issues. 3.3 Graphical Representations. Construction safety drawings should be included in the CSPP as attachments. When other graphical representations will aid in supporting written statements, the drawings, diagrams, and/or photographs should also be attached to the CSPP. References should be made in the CSPP to each graphical attachment and may be made in multiple sections. 3-1 12/13/2017 AC 150/5370-2G 3.4 Reference Documents. The CSPP must not incorporate a document by reference unless reproduction of the material in that document is prohibited. In that case, either copies of or a source for the referenced document must be provided to the contractor. Where this AC recommends references (e.g. as in paragraph 3.9) the intent is to include a reference to the corresponding section in the CSPP, not to this Advisory Circular. 3.5 Restrictions. The CSPP should not be considered as a project design review document. The CSPP - markings, signs, and lighting, except when such features are intended to aid in maintaining operational safety during the construction. 3.6 Coordination. Include in this section a detailed description of conferences and meetings to be held both before and during the project. Include appropriate information from AC 150/5370- 12. Discuss coordination procedures and schedules for each required FAA ATO Technical Operations shutdown and restart and all required flight inspections. 3.7 Phasing. Include in this section a detailed scope of work description for the project as a whole and each phase of work covered by the CSPP. This includes all locations and durations of the work proposed. Attach drawings to graphically support the written scope of work. Detail in this section the sequenced phases of the proposed construction. Include a reference to paragraph 3.8, as appropriate. 3.8 Areas and Operations Affected by Construction. Focus in this section on identifying the areas and operations affected by the construction. Describe corresponding mitigation that is not covered in detail elsewhere in the CSPP. Include references to paragraphs below as appropriate. Attach drawings as necessary to graphically describe affected areas and mechanisms proposed. See Appendix F for sample operational effects tables and figures. 3.9 NAVAID Protection. List in this section all NAVAID facilities that will be affected by the construction. Identify NAVAID facilities that will be placed out of service at any time prior to or during construction activities. Identify individuals responsible for coordinating each shutdown and when each facility will be out of service. Include a reference to paragraph 3.6 for FAA ATO NAVAID shutdown, restart, and flight inspection coordination. Outline in detail procedures to protect each NAVAID facility remaining in service from interference by construction activities. Include a reference to paragraph 3.14 for the 3-2 12/13/2017 AC 150/5370-2G issuance of NOTAMs as required. Include a reference to paragraph 3.16 for the protection of underground cables and piping serving NAVAIDs. If temporary visual aids are proposed to replace or supplement existing facilities, include a reference to paragraph 3.19. Attach drawings to graphically indicate the affected NAVAIDS and the corresponding critical areas. 3.10 Contractor Access. This will necessarily be the most extensive section of the CSPP. Provide sufficient detail so that a contractor not experienced in working on airports will understand the unique restrictions such work will require. Due to this extent, it should be broken down into subsections as described below: 3.10.1 Location of Stockpiled Construction Materials. Describe in this section specific locations for stockpiling material. Note any height restrictions on stockpiles. Include a reference to paragraph 3.21 for hazard marking and lighting devices used to identify stockpiles. Include a reference to paragraph 3.11 for provisions to prevent stockpile material from becoming wildlife attractants. Include a reference to paragraph 3.12 for provisions to prevent stockpile material from becoming FOD. Attach drawings to graphically indicate the stockpile locations. 3.10.2 Vehicle and Pedestrian Operations. While there are many items to be addressed in this major subsection of the CSPP, all are concerned with one main issue: keeping people and vehicles from areas of the airport preventing the improper movement of pedestrians or vehicles on the airport. In this section, focus on mechanisms to prevent construction vehicles and workers traveling to and from the worksite from unauthorized entry into movement areas. Specify locations of parking for both employee vehicles and construction equipment, and routes for access and haul roads. In most cases, this will best be accomplished by attaching a drawing. Quote from AC 150/5210-5 specific requirements for contractor vehicles rather than referring to the AC as a whole, and include special requirements for identifying HAZMAT vehicles. Quote from, rather than incorporate by reference, AC 150/5210-20 including its training program. Di authorized vehicle operators. 3.10.3 Two-Way Radio Communications. Include a special section to identify all individuals who are required to maintain communications with Air Traffic (AT) at airports with active towers, or monitor CTAF at airports without or with closed ATCT. Include training requirements for all individuals required to communicate with AT. Individuals required to monitor AT frequencies should also be identified. If construction employees are also required to communicate by radio with Airport Operations, this procedure should be described in detail. Usage of vehicle mounted radios and/or portable radios should be addressed. Communication procedures for the event of disabled radio communication (that is, light 3-3 12/13/2017 AC 150/5370-2G signals, telephone numbers, others) must be included. All radio frequencies should by identified (Tower, Ground Control, CTAF, UNICOM, ATIS, and so on). 3.10.4 Airport Security. Address security as it applies to vehicle and pedestrian operations. Discuss TSA requirements, security badging requirements, perimeter fence integrity, gate security, and other needs. Attach drawings to graphically indicate secured and/or Security Identification Display Areas (SIDA), perimeter fencing, and available access points. 3.11 Wildlife Management. Discuss in this section wildlife management procedures. Describe the maintenance of existing wildlife mitigation devices, such as perimeter fences, and procedures to limit wildlife attractants. Include procedures to notify Airport Operations of wildlife encounters. Include a reference to paragraph 3.10 for security (wildlife) fence integrity maintenance as required. 3.12 FOD Management. In this section, discuss methods to control and monitor FOD: worksite housekeeping, ground vehicle tire inspections, runway sweeps, and so on. Include a reference to paragraph 3.15 for inspection requirements as required. 3.13 HAZMAT Management. Describe in this section HAZMAT management procedures: fuel deliveries, spill recovery procedures, Safety Data Sheet (SDS), Material Safety Data Sheet (MSDS) or Product Safety Data Sheet (PSDS) availability, and other considerations. Any specific airport HAZMAT restrictions should also be identified. Include a reference to paragraph 3.10 for HAZMAT vehicle identification requirements. Quote from, rather than incorporate by reference, AC 150/5320-15. 3.14 Notification of Construction Activities. List in this section the names and telephone numbers of points of contact for all parties affected by the construction project. We recommend a single list that includes all telephone numbers required under this section. Include emergency notification procedures for all representatives of all parties potentially impacted by the construction. Identify individual representatives and at least one alternate for each party. List both on-duty and off-duty contact information for each individual, including individuals responsible for emergency maintenance of airport construction hazard lighting and barricades. Describe procedures to coordinate immediate response to events that might adversely affect the operational safety of the airport (such as interrupted NAVAID service). Explain requirements for and the procedures for the issuance of Notices to Airmen (NOTAMs), notification to FAA required by 14 CFR Part 77 and Part 157 and in the event of affected NAVAIDs. For NOTAMs, identify an individual, and at least one alternate, responsible for issuing and cancelling each specific type of Notice to 3-4 12/13/2017 AC 150/5370-2G Airmen (NOTAM) required. Detail notification methods for police, fire fighting, and medical emergencies. This may include 911, but should also include direct phone numbers of local police departments and nearby hospitals. Identify the E911 address of the airport and the emergency access route via haul roads to the construction site. Require the contractor to have this information available to all workers. The local Poison Control number should be listed. Procedures regarding notification of Airport Operations and/or the ARFF Department of such emergencies should be identified, as applicable. If airport radio communications are identified as a means of emergency notification, include a reference to paragraph 3.10. Differentiate between emergency and nonemergency notification of ARFF personnel, the latter including activities that affect ARFF water supplies and access roads. Identify the primary ARFF contact person and at least one alternate. If notification is to be made through Airport Operations, then detail this procedure. Include a method of confirmation from the ARFF department. 3.15 Inspection Requirements. Describe in this section inspection requirements to ensure airfield safety compliance. Include a requirement for routine inspections by the resident engineer (RE) or other and the construction contractors. If the engineering consultants and/or contractors have a Safety Officer who will conduct such inspections, identify this individual. Describe procedures for special inspections, such as those required to reopen areas for aircraft operations. Part 139 requires daily airfield inspections at certificated airports, but these may need to be more frequent when construction is in progress. Discuss the role of such inspections on areas under construction. Include a requirement to immediately remedy any deficiencies, whether caused by negligence, oversight, or project scope change. 3.16 Underground Utilities. Explain how existing underground utilities will be located and protected. Identify each utility owner and include contact information for each company/agency in the master list. Address emergency response procedures for damaged or disrupted utilities. Include a reference to paragraph 3.14 for notification of utility owners of accidental utility disruption as required. 3.17 Penalties. Describe in this section specific penalties imposed for noncompliance with airport rules and regulations, including the CSPP: SIDA violations, VPD, and others. 3.18 Special Conditions. Identify any special conditions that may trigger specific safety mitigation actions outlined in this CSPP: low visibility operations, snow removal, aircraft in distress, aircraft accident, security breach, VPD, and other activities requiring construction suspension/resumption. Include a reference to paragraph 3.10 for compliance with airport safety and security measures and for radio communications as required. Include 3-5 12/13/2017 AC 150/5370-2G a reference to paragraph 3.14 for emergency notification of all involved parties, including police/security, ARFF, and medical services. 3.19 Runway and Taxiway Visual Aids. Include marking, lighting, signs, and visual NAVAIDS. Detail temporary runway and taxiway marking, lighting, signs, and visual NAVAIDs required for the construction. Discuss existing marking, lighting, signs, and visual NAVAIDs that are temporarily, altered, obliterated, or shut down. Consider non-federal facilities and address requirements for reimbursable agreements necessary for alteration of FAA facilities and for necessary flight checks. Identify temporary TORA signs or runway distance remaining signs if appropriate. Identify required temporary visual NAVAIDs such as REIL or PAPI. Quote from, rather than incorporate by reference, AC 150/5340-1, Standards for Airport Markings; AC 150/5340-18, Standards for Airport Sign Systems; and AC 150/5340-30, as required. Attach drawings to graphically indicate proposed marking, lighting, signs, and visual NAVAIDs. 3.20 Marking and Signs for Access Routes. Detail plans for marking and signs for vehicle access routes. To the extent possible, signs should be in conformance with the Federal Highway Administration MUTCD and/or State highway specifications, not hand lettered. Detail any modifications to the guidance in the MUTCD necessary to meet frangibility/height requirements. 3.21 Hazard Marking and Lighting. Specify all marking and lighting equipment, including when and where each type of device is to be used. Specify maximum gaps between barricades and the maximum spacing of hazard lighting. Identify one individual and at least one alternate responsible for maintenance of hazard marking and lighting equipment in the master telephone list. Include a reference to paragraph 3.14. Attach drawings to graphically indicate the placement of hazard marking and lighting equipment. 3.22 Work Zone Lighting for Nighttime Construction. If work is to be conducted at night, specify all lighting equipment, including when and where each type of device is to be used. Indicate the direction lights are to be aimed and any directions that aiming of lights is prohibited. Specify any shielding necessary in instances where aiming is not sufficient to prevent interference with air traffic control and aircraft operations. Attach drawings to graphically indicate the placement and aiming of lighting equipment. Where the plan only indicates directions that aiming of lights is prohibited, the placement and positioning of portable lights must be proposed are relocated or repositioned. 3-6 12/13/2017 AC 150/5370-2G 3.23 Protection of Runway and Taxiway Safety Areas. This section should focus exclusively on procedures for protecting all safety areas, including those altered by the construction: methods of demarcation, limit of access, movement within safety areas, stockpiling and trenching restrictions, and so on. Reference AC 150/5300-13, as required. Include a reference to paragraph 3.10 for procedures regarding vehicle and personnel movement within safety areas. Include a reference to paragraph 3.10 for material stockpile restrictions as required. Detail requirements for trenching, excavations, and backfill. Include a reference to paragraph 3.21 for hazard marking and lighting devices used to identify open excavations as required. If runway and taxiway closures are proposed to protect safety areas, or if temporary displaced thresholds and/or revised declared distances are used to provide the required Runway Safety Area, include a reference to paragraphs 3.14 and 3.19. Detail procedures for protecting the runway OFZ, runway OFA, taxiway OFA and runway approach surfaces including those altered by the construction: methods of demarcation, limit of cranes, storage of equipment, and so on. Quote from, rather than incorporate by reference, AC 150/5300-13, as required. Include a reference to paragraph 3.24 for height (i.e., crane) restrictions as required. One way to address the height of equipment that will move during the project is to establish a three- equipment will be confined that can be studied as a single object. Attach drawings to graphically indicate the safety area, OFZ, and OFA boundaries. 3.24 Other Limitations on Construction. This section should describe what limitations must be applied to each area of work and when each limitation will be applied: limitations due to airport operations, height (i.e., crane) restrictions, areas which cannot be worked at simultaneously, day/night work restrictions, winter construction, and other limitations. Include a reference to paragraph 3.7 for project phasing requirements based on construction limitations as required. 3-7 12/13/2017 AC 150/5370-2G Page Intentionally Blank 3-8 12/13/2017 AC 150/5370-2G Appendix A APPENDIX A. RELATED READING MATERIAL Obtain the latest version of the following free publications from the FAA on its Web site at http://www.faa.gov/airports/. Table A-1. FAA Publications NumberTitle and Description AC 150/5200-28Notices to Airmen (NOTAMs) for Airport Operators Guidance for using the NOTAM System in airport reporting. AC 150/5200-30Airport Field Condition Assessments and Winter Operations Safety Guidance for airport owners/operators on the development of an acceptable airport snow and ice control program and on appropriate field condition reporting procedures. AC150/5200-33Hazardous Wildlife Attractants On or Near Airports Guidance on locating certain land uses that might attract hazardous wildlife to public-use airports. AC 150/5210-5Painting, Marking, and Lighting of Vehicles Used on an Airport Guidance, specifications, and standards for painting, marking, and lighting vehicles operating in the airport air operations areas. AC 150/5210-20Ground Vehicle Operations to include Taxiing or Towing an Aircraft on Airports Guidance to airport operators on developing ground vehicle operation training programs. AC 150/5300-13Airport Design FAA standards and recommendations for airport design. Establishes approach visibility minimums as an airport design parameter, and contains the Object Free area and the obstacle free-zone criteria. AC 150/5210-24Airport Foreign Object Debris (FOD) Management Guidance for developing and managing an airport foreign object debris (FOD) program A-1 12/13/2017 AC 150/5370-2G Appendix A Number Title and Description AC 150/5320-15 Management of Airport Industrial Waste Basic information on the characteristics, management, and regulations of industrial wastes generated at airports. Guidance for developing a Storm Water Pollution Prevention Plan (SWPPP) that applies best management practices to eliminate, prevent, or reduce pollutants in storm water runoff with particular airport industrial activities. AC 150/5340-1 Standards for Airport Markings FAA standards for the siting and installation of signs on airport runways and taxiways. AC 150/5340-18 Standards for Airport Sign Systems FAA standards for the siting and installation of signs on airport runways and taxiways. AC 150/5345-28 Precision Approach Path Indicator (PAPI) Systems FAA standards for PAPI systems, which provide pilots with visual glide slope guidance during approach for landing. AC 150/5340-30 Design and Installation Details for Airport Visual Aids Guidance and recommendations on the installation of airport visual aids. AC 150/5345-39 Specification for L-853, Runway and Taxiway Retroreflective Markers AC 150/5345-44 Specification for Runway and Taxiway Signs FAA specifications for unlighted and lighted signs for taxiways and runways. AC 150/5345-53 Airport Lighting Equipment Certification Program Details on the Airport Lighting Equipment Certification Program (ALECP). AC 150/5345-50 Specification for Portable Runway and Taxiway Lights FAA standards for portable runway and taxiway lights and runway end identifier lights for temporary use to permit continued aircraft operations while all or part of a runway lighting system is inoperative. AC 150/5345-55 Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway Closure A-2 12/13/2017 AC 150/5370-2G Appendix A Number Title and Description AC 150/5370-10 Standards for Specifying Construction of Airports Standards for construction of airports, including earthwork, drainage, paving, turfing, lighting, and incidental construction. AC 150/5370-12 Quality Management for Federally Funded Airport Construction Projects EB 93 Guidance for the Assembly and Installation of Temporary Orange Construction Signs FAA Order 5200.11 FAA Airports (ARP) Safety Management System (SMS) Basics for implementing SMS within ARP. Includes roles and responsibilities of ARP management and staff as well as other FAA lines of business that contribute to the ARP SMS. FAA Certalert 98-05 Grasses Attractive to Hazardous Wildlife Guidance on grass management and seed selection. FAA Form 7460-1 Notice of Proposed Construction or Alteration FAA Form 7480-1 Notice of Landing Area Proposal FAA Form 6000.26 National NAS Strategic Interruption Service Level Agreement, Strategic Events Coordination, Airport Sponsor Form Obtain the latest version of the following free publications from the Electronic Code of Federal Regulations at http://www.ecfr.gov/. Table A-2. Code of Federal Regulation Number Title Title 14 CFR Part 77 Safe, Efficient Use and Preservation of the Navigable Airspace Title 14 CFR Part 139 Certification of Airports Title 49 CFR Part 1542 Airport Security Obtain the latest version of the Manual on Uniform Traffic Control Devices from the Federal Highway Administration at http://mutcd.fhwa.dot.gov/. A-3 12/13/2017 AC 150/5370-2G Appendix A Page Intentionally Blank A-4 12/13/2017 AC150/5370-2G Appendix B APPENDIX B. TERMS AND ACRONYMS Table B-1. Terms and Acronyms TermDefinition Form 7460-1Notice of Proposed Construction or Alteration. For on-airport projects, the form submitted to the FAA regional or airports division office as formal written notification of any kind of construction or alteration of objects that affect navigable airspace, as defined in 14 CFR Part 77, Safe, Efficient Use, and Preservationof theNavigable Airspace. (See guidance available on the FAA web site at https://oeaaa.faa.gov.) The form may be downloaded at http://www.faa.gov/airports/resources/forms/, or filed electronically at: https://oeaaa.faa.gov. Form 7480-1Notice of Landing Area Proposal. Form submitted to the FAA Airports Regional Division Office or Airports District Office as formal written notification whenever a project without an airport layout plan on file with the FAA involves the construction of a new airport; the construction, realigning, altering, activating, or abandoning of a runway, landing strip, or associated taxiway; or the deactivation or abandoning of an entire airport The form may be downloaded at http://www.faa.gov/airports/resources/forms/. Form 6000-26Airport Sponsor Strategic Event Submission Form ACAdvisory Circular ACSIAirport Certification Safety Inspector ADGAirplane Design Group AIPAirport Improvement Program ALECPAirport Lighting Equipment Certification Program ANGAir National Guard AOAAir Operations Area, as defined in 14 CFR Part 107.Means a portion of an airport, specified in the airport security program, in which security measures are carried out. This area includes aircraft movement areas, aircraft parking areas, loading ramps, and safety areas, and any adjacent areas (such as general aviation areas) that are not separated by adequate security systems, measures, or procedures. This area does not include the secured area of the airport terminal building. ARFFAircraft Rescue and Fire Fighting ARPFAA Office of Airports ASDAAccelerate-Stop Distance Available ATAir Traffic ATCTAirport Traffic Control Tower ATISAutomatic Terminal Information Service ATOAir Traffic Organization Certificated AirportAn airport that has been issued an Airport Operating Certificate by the FAA under B-1 12/13/2017 AC 150/5370-2G Appendix B Term Definition the authority of 14 CFR Part 139, Certification of Airports. CFR Code of Federal Regulations Construction The presence of construction-related personnel, equipment, and materials in any location that could infringe upon the movement of aircraft. CSPP Construction Safety and Phasing Plan. The overall plan for safety and phasing of a construction project developed by the airport operator, or developed by the airport invitation for bids and becomes part of the project specifications. CTAF Common Traffic Advisory Frequency Displaced A threshold that is located at a point on the runway other than the designated Threshold beginning of the runway. The portion of pavement behind a displaced threshold is available for takeoffs in either direction or landing from the opposite direction. DOT Department of Transportation EPA Environmental Protection Agency FAA Federal Aviation Administration FOD Foreign Object Debris/Damage FSS Flight Service Station GA General Aviation HAZMAT Hazardous Materials HMA Hot Mix Asphalt IAP Instrument Approach Procedures IFR Instrument Flight Rules ILS Instrument Landing System LDA Landing Distance Available LOC Localizer antenna array Movement Area The runways, taxiways, and other areas of an airport that are used for taxiing or hover taxiing, air taxiing, takeoff, and landing of aircraft, exclusive of loading aprons and aircraft parking areas (reference 14 CFR Part 139). MSDS Material Safety Data Sheet MUTCD Manual on Uniform Traffic Control Devices NAVAID Navigation Aid NAVAID Critical An area of defined shape and size associated with a NAVAID that must remain Area clear and graded to avoid interference with the electronic signal. Non-Movement The area inside the airport security fence exclusive of the Movement Area. It is Area important to note that the non-movement area includes pavement traversed by aircraft. B-2 12/13/2017 AC 150/5370-2G Appendix B Term Definition NOTAM Notices to Airmen Obstruction Any object/obstacle exceeding the obstruction standards specified by 14 CFR Part 77, subpart C. OCC Operations Control Center OE / AAA Obstruction Evaluation / Airport Airspace Analysis OFA Object Free Area. An area on the ground centered on the runway, taxiway, or taxi lane centerline provided to enhance safety of aircraft operations by having the area free of objects except for those objects that need to be located in the OFA for air navigation or aircraft ground maneuvering purposes. (See AC 150/5300-13 for additional guidance on OFA standards and wingtip clearance criteria.) OFZ Obstacle Free Zone. The airspace below 150 ft (45 m) above the established airport elevation and along the runway and extended runway centerline that is required to be clear of all objects, except for frangible visual NAVAIDs that need to be located in the OFZ because of their function, in order to provide clearance protection for aircraft landing or taking off from the runway and for missed approaches. The OFZ is subdivided as follows: Runway OFZ, Inner Approach OFZ, Inner Transitional OFZ, and Precision OFZ. Refer to AC 150/5300-13 for guidance on OFZ. OSHA Occupational Safety and Health Administration OTS Out of Service P&R Planning and Requirements Group NPI NAS Planning & Integration PAPI Precision Approach Path Indicator PFC Passenger Facility Charge PLASI Pulse Light Approach Slope Indicator Project Proposal A clear and concise description of the proposed project or change that is the object Summary of Safety Risk Management. RA Reimbursable Agreement RE Resident Engineer REIL Runway End Identifier Lights RNAV Area Navigation ROFA Runway Object Free Area RSA Runway Safety Area. A defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway, in accordance with AC 150/5300-13. SDS Safety Data Sheet SIDA Security Identification Display Area SMS Safety Management System B-3 12/13/2017 AC 150/5370-2G Appendix B Term Definition SPCD Safety Plan Compliance Document. Details developed and submitted by a contractor to the airport operator for approval providing details on how the performance of a construction project will comply with the CSPP. SRM Safety Risk Management SSC System Support Center Taxiway Safety A defined surface alongside the taxiway prepared or suitable for reducing the risk Area of damage to an airplane unintentionally departing the taxiway, in accordance with AC 150/5300-13. TDG Taxiway Design Group Temporary Any condition that is not intended to be permanent. Temporary Runway The beginning of that portion of the runway available for landing and taking off in End one direction, and for landing in the other direction. Note the difference from a displaced threshold. Threshold The beginning of that portion of the runway available for landing. In some instances, the landing threshold may be displaced. TODA Takeoff Distance Available TOFA Taxiway Object Free Area TORA Takeoff Run Available. The length of the runway less any length of runway unavailable and/or unsuitable for takeoff run computations. See AC 150/5300-13 for guidance on declared distances. TSA Taxiway Safety Area, or Transportation Security Administration UNICOM A radio communications system of a type used at small airports. VASI Visual Approach Slope Indicator VGSI Visual Glide Slope Indicator. A device that provides a visual glide slope indicator to landing pilots. These systems include precision approach path indicator (PAPI), visual approach slope indicator (VASI), and pulse light approach slope indicator (PLASI). VFR Visual Flight Rules VOR Very High Frequency Omnidirectional Radio Range Vehicle / Pedestrian Deviation VPD B-4 12/13/2017 AC150/5370-2G Appendix C APPENDIX C. SAFETY AND PHASING PLAN CHECKLIST This appendix is keyed to Chapter 2. In the electronic version of this AC, clicking on the paragraph designation in the Reference column will access the applicable paragraph. There may be instances where the CSPP requires provisions that are not covered by the list in this appendix. This checklist is intended as an aid, not a required submittal. Table C-1. CSPP Checklist CoordinationReferenceAddressed?Remarks YesNoNA General Considerations Requirements for predesign, prebid, 2.5 and preconstruction conferences to introduce the subject of airport operational safety during construction are specified. Operational safety is a standing 2.5 agenda item for construction progress meetings. Scheduling of the construction phases 2.6 is properly addressed. Any formal agreements are 2.5.3 established. Areas and Operations Affected by Construction Activity 2.7.1 Drawings showing affected areas are included. 2.7.1.1 Closed or partially closed runways, taxiways, and apronsare depicted on drawings. 2.7.1.2 Access routes used by ARFF vehicles affected by the project are addressed. 2.7.1.3 Access routes used by airport and airline support vehicles affected by the project are addressed. 2.7.1.4 Underground utilities, including water supplies for firefighting and drainage. C-1 12/13/2017 AC 150/5370-2G Appendix C Coordination Reference Addressed? Remarks Yes No NA 2.7.1.5 Approach/departure surfaces affected by heights of temporary objects are addressed. 2.7.1 Construction areas, storage areas, and access routes near runways, taxiways, aprons, or helipads are properly depicted on drawings. 2.7.2.1 Temporary changes to taxi operations are addressed. 2.7.2.2 Detours for ARFF and other airport vehicles are identified. 2.7.2.3 Maintenance of essential utilities and underground infrastructure is addressed. 2.7.2.4 Temporary changes to air traffic control procedures are addressed. NAVAIDs 2.8 Critical areas for NAVAIDs are depicted on drawings. 2.8 Effects of construction activity on the performance of NAVAIDS, including unanticipated power outages, are addressed. 2.8 Protection of NAVAID facilities is addressed. 2.8 The required distance and direction from each NAVAID to any construction activity is depicted on drawings. 2.8, 2.13.1, Procedures for coordination with 2.13.5.3.1, FAA ATO/Technical Operations, 2.18.1 including identification of points of contact, are included. Contractor Access 2.9 The CSPP addresses areas to which contractor will have access and how C-2 12/13/2017 AC 150/5370-2G Appendix C Coordination Reference Addressed? Remarks Yes No NA the areas will be accessed. 2.9 The application of 49 CFR Part 1542 Airport Security, where appropriate, is addressed. 2.9.1 The location of stockpiled construction materials is depicted on drawings. 2.9.1 The requirement for stockpiles in the ROFA to be approved by FAA is included. 2.9.1 Requirements for proper stockpiling of materials are included. 2.9.2.1 Construction site parking is addressed. 2.9.2.2 Construction equipment parking is addressed. 2.9.2.3 Access and haul roads are addressed. 2.9.2.4 A requirement for marking and lighting of vehicles to comply with AC 150/5210-5, Painting, Marking and Lighting of Vehicles Used on an Airport, is included. 2.9.2.5, 2.9.2.6 Proper vehicle operations, including requirements for escorts, are described. 2.9.2.7 Training requirements for vehicle drivers are addressed. 2.9.2.9 Two-way radio communications procedures are described. 2.9.2.10 Maintenance of the secured area of the airport is addressed. Wildlife Management 2.10 management procedures are addressed. C-3 12/13/2017 AC 150/5370-2G Appendix C Coordination Reference Addressed? Remarks Yes No NA Foreign Object Debris Management 2.11 The airport management procedures are addressed. Hazardous Materials Management 2.12 materials management procedures are addressed. Notification of Construction Activities 2.13 Procedures for the immediate notification of airport user and local FAA of any conditions adversely affecting the operational safety of the airport are detailed. 2.13.1 Maintenance of a list by the airport operator of the responsible representatives/points of contact for all involved parties and procedures for contacting them 24 hours a day, seven days a week is specified. 2.13.1 A list of local ATO/Technical Operations personnel is included. 2.13.1 A list of ATCT managers on duty is included. 2.13.2 A list of authorized representatives to the OCC is included. 2.8, 2.13.2, Procedures for coordinating, issuing, 2.18.3.3.9 maintaining and cancelling by the airport operator of NOTAMS about airport conditions resulting from construction are included. 2.13.2 Provision of information on closed or hazardous conditions on airport movement areas by the airport operator to the OCC is specified. 2.13.3 Emergency notification procedures for medical, fire fighting, and police C-4 12/13/2017 AC 150/5370-2G Appendix C Coordination Reference Addressed? Remarks Yes No NA response are addressed. 2.13.4 Coordination with ARFF personnel for non-emergency issues is addressed. 2.13.5 Notification to the FAA under 14 CFR parts 77 and 157 is addressed. 2.13.5.3.2 Reimbursable agreements for flight checks and/or design and construction for FAA owned NAVAIDs are addressed. Inspection Requirements 2.14.1, 2.14.2 Daily and interim inspections by both the airport operator and contractor are specified. 2.14.3 Final inspections at certificated airports are specified when required. Underground Utilities 2.15 Procedures for protecting existing underground facilities in excavation areas are described. Penalties 2.16 Penalty provisions for noncompliance with airport rules and regulations and the safety plans are detailed. Special Conditions 2.17 Any special conditions that affect the operation of the airport or require the activation of any special procedures are addressed. Runway and Taxiway Visual Aids - Marking, Lighting, Signs, and Visual NAVAIDs 2.18.1 The proper securing of temporary airport markings, lighting, signs, and visual NAVAIDs is addressed. 2.18.1, 2.18.3, Frangibility of airport markings, 2.18.4.2, lighting, signs, and visual NAVAIDs 2.20.2.4 is specified. C-5 12/13/2017 AC 150/5370-2G Appendix C Coordination Reference Addressed? Remarks Yes No NA 2.18.2 The requirement for markings to be in compliance with AC 150/5340-1, Standards for Airport Markings, is specified. 2.18.2 Detailed specifications for materials and methods for temporary markings are provided. 2.18.3 The requirement for lighting to conform to AC 150/5340-30, Design and Installation Details for Airport Visual Aids; AC 150/5345-50, Specification for Portable Runway and Taxiway Lights; and AC 150/5345-53, Airport Lighting Certification Program, is specified. 2.18.2.1.2, The use of a lighted X is specified 2.18.3.2 where appropriate. 2.18.4 The requirement for signs to conform to AC 150/5345-44, Specification for Runway and Taxiway Signs; AC 50/5340-18, Standards for Airport Sign Systems; and AC 150/5345-53, Airport Lighting Certification Program, is specified. Marking and Signs For Access Routes 2.18.4.2 The CSPP specifies that pavement markings and signs intended for construction personnel should conform to AC 150/5340-18 and, to the extent practicable, with the MUTCD and/or State highway specifications. Hazard Marking and Lighting 2.20.1 Prominent, comprehensible warning indicators for any area affected by construction that is normally accessible to aircraft, personnel, or vehicles are specified. C-6 12/13/2017 AC 150/5370-2G Appendix C Coordination Reference Addressed? Remarks Yes No NA 2.20.1 Hazard marking and lighting are specified to identify open manholes, small areas under repair, stockpiled material, and waste areas. 2.20.1 The CSPP considers less obvious construction-related hazards. 2.20.2.1 Equipment that poses the least danger to aircraft but is sturdy enough to remain in place when subjected to typical winds, prop wash and jet blast is specified. 2.20.2.1 The spacing of barricades is specified such that a breach is physically prevented barring a deliberate act. 2.20.2.2 Red lights meeting the luminance requirements of the State Highway Department are specified. 2.20.2.3 Barricades, temporary markers, and other objects placed and left in areas adjacent to any open runway, taxiway, taxi lane, or apron are specified to be as low as possible to the ground, and no more than 18 inch high. 2.20.2.3 Barricades are specified to indicate construction locations in which no part of an aircraft may enter. 2.20.2.5 Highly reflective barriers with lights are specified to barricade taxiways leading to closed runways. 2.20.2.5 Markings for temporary closures are specified. 2.20.2.7 The provision of representative on call 24 hours a day for emergency maintenance of airport hazard lighting and barricades is specified. C-7 12/13/2017 AC 150/5370-2G Appendix C Coordination Reference Addressed? Remarks Yes No NA Work Zone Lighting for Nighttime Construction 2.21 If work is to be conducted at night, the CSPP identifies construction lighting units and their general locations and aiming in relationship to the ATCT and active runways and taxiways. Protection of Runway and Taxiway Safety Areas 2.22.1.1, The CSPP clearly states that no 2.22.3.1 construction may occur within a safety area while the associated runway or taxiway is open for aircraft operations. 2.22.1.2, The CSPP specifies that the airport 2.22.3.2 operator coordinates the adjustment of RSA or TSA dimensions with the ATCT and the appropriate FAA Airports Regional or District Office and issues a local NOTAM. 2.22.3.3 Procedures for ensuring adequate distance for protection from blasting operations, if required by operational considerations, are detailed. 2.22.1.4 The CSPP specifies that open trenches or excavations are not permitted within a safety area while the associated runway or taxiway is open, subject to approved exceptions. 2.22.1.4 Appropriate covering of excavations in the RSA or TSA that cannot be backfilled before the associated runway or taxiway is open is detailed. 2.22.1.4 The CSPP includes provisions for prominent marking of open trenches and excavations at the construction site. 2.22.3.5 Grading and soil erosion control to maintain RSA/TSA standards are C-8 12/13/2017 AC 150/5370-2G Appendix C Coordination Reference Addressed? Remarks Yes No NA addressed. 2.22.2 The CSPP specifies that equipment is to be removed from the ROFA when not in use. 2.22.3 The CSPP clearly states that no construction may occur within a taxiway safety area while the taxiway is open for aircraft operations. 2.22.4 Appropriate details are specified for any construction work to be accomplished in a taxiway object free area. 2.22.4.3.6 Measures to ensure that personnel, material, and/or equipment do not penetrate the OFZ or threshold siting surfaces while the runway is open for aircraft operations are included. 2.22.6 Provisions for protection of runway approach/departure areas and clearways are included. Other Limitations on Construction 2.23.1.2 The CSPP prohibits the use of open flame welding or torches unless adequate fire safety precautions are provided and the airport operator has approved their use. 2.23.1.3 The CSPP prohibits the use of electrical blasting caps on or within 1,000 ft (300 m) of the airport property. C-9 12/13/2017 AC150/5370-2G Appendix D APPENDIX D. CONSTRUCTION PROJECT DAILY SAFETY INSPECTION CHECKLIST The situations identified below are potentially hazardous conditions that may occur during airport construction projects. Safety area encroachments, unauthorized and improper ground vehicle operations, and unmarked or uncovered holes and trenches near aircraft operating surfaces pose the most prevalent threats to airport operational safety during airport construction projects. The list below is one tool that the airport operator or contractor may use to aid in identifying and correcting potentially hazardous conditions. It should be customized as appropriate for each project including information such as the date, time and name of the person conducting the inspection. Table D-1. Potentially Hazardous Conditions No Action ItemAction Required(Describe)Required (Check) Excavation adjacent to runways, taxiways, and aprons improperly backfilled. Mounds of earth, construction materials, temporary structures, and other obstacles near any open runway, taxiway, or taxi lane; in the related Object Free area and aircraft approach or departure areas/zones; or obstructing any sign or marking. Runway resurfacing projects resulting in lips exceeding 3 inch (7.6 cm) from pavement edges and ends. Heavy equipment (stationary or mobile) operating or idle near AOA, in runway approaches and departures areas, or in OFZ. Equipment or material near NAVAIDs that may degrade or impair radiated signals and/or the monitoring of navigation and visual aids. Unauthorized or improper vehicle operations in localizer or glide slope critical areas, resulting in electronic interference and/or facility shutdown. Tall and especially relatively low visibility units (that is, equipment with slim profiles) cranes, drills, and similar objects located in critical areas, such as OFZ and D-1 12/13/2017 AC 150/5370-2G Appendix D No Action Item Action Required (Describe) Required (Check) approach zones. Improperly positioned or malfunctioning lights or unlighted airport hazards, such as holes or excavations, on any apron, open taxiway, or open taxi lane or in a related safety, approach, or departure area. Obstacles, loose pavement, trash, and other debris on or near AOA. Construction debris (gravel, sand, mud, paving materials) on airport pavements may result in aircraft propeller, turbine engine, or tire damage. Also, loose materials may blow about, potentially causing personal injury or equipment damage. Inappropriate or poorly maintained fencing during construction intended to deter human and animal intrusions into the AOA. Fencing and other markings that are inadequate to separate construction areas from open AOA create aviation hazards. Improper or inadequate marking or lighting of runways (especially thresholds that have been displaced or runways that have been closed) and taxiways that could cause pilot confusion and provide a potential for a runway incursion. Inadequate or improper methods of marking, barricading, and lighting of temporarily closed portions of AOA create aviation hazards. Wildlife attractants such as trash (food scraps not collected from construction personnel activity), grass seeds, tall grass, or standing water on or near airports. Obliterated or faded temporary markings on active operational areas. Misleading or malfunctioning obstruction lights. Unlighted or unmarked obstructions in the approach to any open runway pose aviation hazards. D-2 12/13/2017 AC 150/5370-2G Appendix D No Action Item Action Required (Describe) Required (Check) Failure to issue, update, or cancel NOTAMs about airport or runway closures or other construction related airport conditions. Failure to mark and identify utilities or power cables. Damage to utilities and power cables during construction activity can result in the loss of runway / taxiway lighting; loss of navigation, visual, or approach aids; disruption of weather reporting services; and/or loss of communications. Restrictions on ARFF access from fire stations to the runway / taxiway system or airport buildings. Lack of radio communications with construction vehicles in airport movement areas. Objects, regardless of whether they are marked or flagged, or activities anywhere on or near an airport that could be distracting, confusing, or alarming to pilots during aircraft operations. Water, snow, dirt, debris, or other contaminants that temporarily obscure or derogate the visibility of runway/taxiway marking, lighting, and pavement edges. Any condition or factor that obscures or diminishes the visibility of areas under construction. Spillage from vehicles (gasoline, diesel fuel, oil) on active pavement areas, such as runways, taxiways, aprons, and airport roadways. Failure to maintain drainage system integrity during construction (for example, no temporary drainage provided when working on a drainage system). D-3 12/13/2017 AC 150/5370-2G Appendix D No Action Item Action Required (Describe) Required (Check) Failure to provide for proper electrical lockout and tagging procedures. At larger airports with multiple maintenance shifts/workers, construction contractors should make provisions for coordinating work on circuits. Failure to control dust. Consider limiting the amount of area from which the contractor is allowed to strip turf. Exposed wiring that creates an electrocution or fire ignition hazard. Identify and secure wiring, and place it in conduit or bury it. Site burning, which can cause possible obscuration. Construction work taking place outside of designated work areas and out of phase. D-4 12/13/2017 AC150/5370-2G Appendix E APPENDIX E. SAMPLE OPERATIONAL EFFECTS TABLE E.1Project Description. Runway 15-33 is currently 7820 feet long, with a 500 foot stopway on the north end. This project will remove the stopway and extend the runway 1000 feet to the north and 500 feet to the south. Finally, the existing portion of the runway will be repaved. The runway 33 glide slope will be relocated. The new runway 33 localizer has already been installed by FAA Technical Operations and only needs to be switched on. Runway 15 is currently served only by a localizer, which will remain in operation as it will be beyond the future RSA. Appropriate NOTAMS will be issued throughout the project. E.1.1During Phase I, the runway 15 threshold will be displaced 1000 feet to keep construction equipment below the approach surface. The start of runway 15 takeoff and the departure end of runway 33 will also be moved 500 feet to protect workers from jet blast. Declared distances for runway 33 will be adjusted to provide the required RSA and applicable departure surface. Excavation near Taxiway G will require its ADG to be reduced from IV to III. See Figure E-1. Figure E-1. Phase I Example 7,320 (TORA, TODA) 7,320 (TORA, TODA, ASDA) 6,820 (ASDA, LDA) 6,820 (LDA) 1,000 500 500 RUNWAY 15 - 33 TAXIWAY G TAXIWAY J (SECURED TO BARRICADES) NORTH NEW CONSTRUCTIONCLOSEDCLOSED FOR LANDING - DISPLACED THRESHOLD LEGEND Note 1:Where hold signs are installed on both sides of a taxiway, install the TORA sign on the left side of the taxiway before the final turn to the runway intersection. Note 2:Based on the declared distances for Runway 33 departures, the maximum equipment height in the construction area is 12.5 feet (500/40 = 12.5). E-1 12/13/2017 AC 150/5370-2G Appendix E E.2 During Phase II, the runway 33 threshold will be displaced 1000 feet to keep construction equipment below the approach surface. The start of runway 33 takeoff and the departure end of runway 15 will also be moved 500 feet to protect workers from jet blast. Declared distances for runway 15 will be adjusted to provide the required RSA and applicable departure surface. See Figure E-2. Figure E-2. Phase II Example 7,820 FEET (ASDA, LDA) 8,320 (TORA, TODA, ASDA) 8,320 (TORA, TODA) 7,820 (LDA) 500 500 500 RUNWAY 15 - 33 TAXIWAY G TAXIWAY H (SECURED TO BARRICADE) NORTH NEW CONSTRUCTIONCLOSEDCLOSED FOR LANDING - DISPLACED THRESHOLD LEGEND Note 1: Where hold signs are installed on both sides of a taxiway, install the TORA sign on the left side of the taxiway before the final turn to the runway intersection. Note 2: Based on the declared distances for Runway 15 departures, the maximum equipment height in the construction area is 12.5 feet (500/40 = 12.5). E-2 12/13/2017 AC 150/5370-2G Appendix E E.3 During Phase III, the existing portion of the runway will be repaved with Hot Mix Asphalt (HMA) and the runway 33 glide slope will be relocated. Construction will be accomplished between the hours of 8:00 pm and 5:00 am, during which the runway will be closed to operations. Figure E-3. Phase III Example 9,320 (TORA, TODA, ASDA, LDA) 9,320 (TORA, TODA, ASDA, LDA) RUNWAY 15 - 33 TAXIWAY G RAMP (BARRICADES WITH SIGN INSTALLED DURING HOURS OF CONSTRUCTION) NORTH (SECURED TO BARRICADE) NOTE: INSTALL LIGHTED "X" OR YELLOW "X" ON NUMBERS AND REMOVE WHEN RUNWAYS ARE OPEN FOR OPERATIONS. NEW CONSTRUCTIONCLOSEDCLOSED FOR LANDING - DISPLACED THRESHOLD LEGEND E-3 12/13/2017 AC 150/5370-2G Appendix E Table E-1. Operational Effects Table Project Runway 15-33 Extension and Repaving Normal Phase I: Extend Phase II: Extend Phase III: Repave Phase (Existing) Runway 15 End Runway 33 End Runway N/A Extend Runway Extend Runway Repave existing Scope of Work 15-33 1,000 ft on 15-33 500 ft on runway with HMA north end with Hot south end with Relocate Runway Mix Asphaltic Hot Mix Asphaltic 33 Glide Slope Concrete (HMA). Concrete (HMA). N/A Existing North Existing South Runway closed Effects of 500 ft closed 500 ft closed between 8:00 pm Construction and 5:00 am Operations Edge lighting out of service N/A Phase I Phase II Phase III Construction Phase (Anticipated) (Anticipated) (Anticipated) Carrier: 52 Carrier: 40 /day Carrier: 45 /day Carrier: 45 / day Runway 15 Average /day GA: 26 /day GA: 26 /day GA: 20 / day Aircraft Operations GA: 26 Military: 0 /day Military: 5 /day Military: 0 /day /day Military: 11 /day Carrier: 40 Carrier: 30 /day Carrier: 25 /day Carrier: 20 /day Runway 33 Average /day GA: 18 /day GA: 18 /day GA: 5 /day Aircraft Operations GA: 18 Military: 0 /day Military: 5 /day Military: 0 /day /day Military: 10 /day C-IV C-IV C-IV C-IV Runway 15-33 Aircraft Category 1 mile 1 mile 1 mile 1 mile Runway 15 Approach Visibility Minimums ¾ mile ¾ mile ¾ mile 1 mile Runway 33 Approach Visibility Minimums Note: Proper coordination with Flight Procedures group is necessary to maintain instrument approach procedures during construction. E-4 12/13/2017 AC 150/5370-2G Appendix E Project Runway 15-33 Extension and Repaving Normal Phase I: Extend Phase II: Extend Phase III: Repave Phase (Existing) Runway 15 End Runway 33 End Runway 7,820 7,320 8,320 9,320 Runway 15 TORA Declared 7,820 7,320 8,320 9,320 TODA Distances 7,820 7,320 7,820 9,320 ASDA 7,820 6,820 7,820 9,320 LDA 7,820 7,320 8,320 9,320 Runway 33 TORA Declared 7,820 7,320 8,320 9,320 TODA Distances 8,320 6,820 8,320 9,320 ASDA 7,820 6,820 7,820 9,320 LDA LOC only LOC only LOC only LOC only Runway 15 Approach RNAV RNAV RNAV RNAV Procedures VOR VOR VOR VOR ILS ILS ILS LOC only Runway 33 Approach RNAV RNAV RNAV RNAV Procedures VOR VOR VOR VOR Runway 15 LOC LOC LOC LOC NAVAIDs ILS, Runway 33 ILS, MALSR ILS, MALSR LOC, MALSR MALSR NAVAIDs IV III IV IV Taxiway G ADG 4 4 4 4 Taxiway G TDG 24 hours 24 hours 24 hours 0500 - 2000 ATCT (hours open) D D D D ARFF Index E-5 12/13/2017 AC 150/5370-2G Appendix E Project Runway 15-33 Extension and Repaving Normal Phase I: Extend Phase II: Extend Phase III: Repave Phase (Existing) Runway 15 End Runway 33 End Runway Air All military aircraft Some large All military aircraft Special Conditions National relocated to military aircraft relocated to Guard alternate ANG relocated to alternate ANG (ANG) Base alternate ANG Base military Base operations Refer above for Refer above for Refer above for Information for applicable applicable applicable NOTAMs declared distances. declared distances. declared distances. Taxiway G Airport closed limited to 118 ft 2000 0500. wingspan Runway 15 glide slope OTS. Note: This table is one example. It may be advantageous to develop a separate table for each project phase and/or to address the operational status of the associated NAVAIDs per construction phase. Complete the following chart for each phase to determine the area that must be protected along the runway and taxiway edges: Table E-2. Runway and Taxiway Edge Protection Aircraft Approach Airplane Design Safety Area Width in Category* Group* Runway/Taxiway Feet Divided by 2* A, B, C, or D I, II, III, or IV *See AC 150/5300-13 to complete the chart for a specific runway/taxiway. E-6 12/13/2017 AC 150/5370-2G Appendix E Complete the following chart for each phase to determine the area that must be protected before the runway threshold: Table E-3. Protection Prior to Runway Threshold Airplane Aircraft Minimum Design Minimum Distance to Approach Runway End Safety Area Group* Threshold Based on Category* Number Prior to the Required Approach Slope* I, II, III, or Threshold* A, B, C, or D IV ft ft : 1 ft ft : 1 ft ft : 1 ft ft : 1 *See AC 150/5300-13 to complete the chart for a specific runway. E-7 12/13/2017 AC 150/5370-2G Appendix E Page Intentionally Blank E-8 12/13/2017 AC 150/5370-2G Appendix F APPENDIX F. ORANGE CONSTRUCTION SIGNS Figure F-1. Approved Sign Legends F-1 12/13/2017 AC 150/5370-2G Appendix F Figure F-2. Orange Construction Sign Example 1 NO ENTRY SIGN LOW PROFILE BARRICADE WITH FLASHERS INTERMEDIATE HOLDING POSITION MARKING Note: For proper placement of signs, refer to EB 93. F-2 12/13/2017 AC 150/5370-2G Appendix F Figure F-3. Orange Construction Sign Example 2 CONSTRUCTION AREA TAXIWAY CENTERLINE TEMPORARILY RELOCATED Note: For proper placement of signs, refer to EB 93. F-3 12/13/2017 AC 150/5370-2G Appendix F Page Intentionally Blank F-4 Advisory Circular Feedback If you find an error in this AC, have recommendations for improving it, or have suggestions for new items/subjects to be added, you may let us know by (1) mailing this form to Manager, Airport Engineering Division, Federal Aviation Administration ATTN: AAS-100, 800 Independence Avenue SW, Washington DC 20591 or (2) faxing it to the attention of the Office of Airport Safety and Standards at (202) 267-5383. Subject: AC 150/5370-2G Date: Please check all appropriate line items: An error (procedural or typographical) has been noted in paragraph on page . Recommend paragraph ______________ on page ______________ be changed as follows: In a future change to this AC, please cover the following subject: (Briefly describe what you want added.) Other comments: I would like to discuss the above. Please contact me at (phone number, email address). Submitted by: Date: Page Intentionally Blank