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Resolution - 2001-R0128 - Contract For Airfield Signage - F&W Electrical Contractors, Inc. - 04/12/2001
Resolution No. 2001—RO128 April 12, 2001 ItemNo. 59 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract for airfield signage and transformer vault improvements at Lubbock International Airport, per ITB #065-01/LR, by and between the City of Lubbock and F & W Electrical Contractors, Inc. of Floresville, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Victor Kilman, krchasing Manager APPROVED AS TO FORM: �=---- 4 - William de Haas Contract Manager/Attorney gs:/Contract-F&W Electrical Contractors -.res March 29, 2001 day of April '2001. S T N, MAYOR L BCDA101 CHECK BEST RATING LIC,'E-NSEI) 4 TEXAS DATE CITY OF LUBBOCK SPECIFICATIONS FOR AIRFIELD SIGNAGE & TRANSFORMER VAULT IMPROVEMENTS AT LUBBOCK INTERNATIONAL AIRPORT BID 065-01/1-R FAA A.I.P. PROJECT NO. 3-48-0138-22-00 "A City Of Planned Progress" CITY OF LUBBOCK Lubbock, Texas MW City of Lubbock .M PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 162513 TH STREET LUBBOCK, TEXAS 79401 �* PH: (806)775-2167 FAX: (806)775-2164 hftp:l/purchasing.ci.lubbock.tx.us ITB #065-011LR, Addendum #2 ADDENDUM #2 ITB #065-01/LR Airfield Signage & Transformer Vault Improvements at Lubbock International Airport MAILED TO VENDOR: March 13, 2001 CLOSE DATE: March 20, 2001 @ 4:00 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. 1. Paragraph 9.3 — General Instructions to Bidders has been deleted in its entirety. All requests for additional information or clarification must be submitted in writing and directed to: Laura Ritchie, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 Or Email to: Lritchie@mail.ci.lubbock.tx.us THANK YOU, -- CITY OF LUBBOCK Laura Ritchie Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 065-01 /Lrad2.doc .a. Iza City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 http://purchasing.ci.lubbock.tx.us 0 ITB #065-01/1-R, Addendum #1 ADDENDUM #1 ITB #065-01/LR Airfield Signage & Transformer Vault Improvements at Lubbock International .Airport MAILED TO VENDOR: March 9, 2001 CLOSE DATE: March 20, 2001 @ 4:00 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. 1. Please find attached Addendum #1 (6 pages) as issued by Parkhill, Smith and Cooper for the above referenced project. All requests for additional information or clarification must be submitted in writing and directed to: Laura Ritchie, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 Or Email to: Lritchie@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Laura Ritchie r Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 065-01/1-Rad1.doc ADDENDUM NO.1 TO: All Prospective Bidders/ Plan Holders P"r. PROJECT: Lubbock International Airport Airfield Signage and Transformer Vault Improvements ^^� DATE: March 9, 2001 PSC Job No: 01-2720-00 Attention of all Prospective Bidders/Plan Holders is directed to the following modifications to the referenced Plans and Specifications. This Addendum forms a part of, and shall be attached to the Contract Documents, and modifies the original Bidding Documents titled, "City of Lubbock, Lubbock International Airport, Airfield Signage and Transformer Vault Improvements, Bid 065-01/LR, FAA A.I.P. Project No. 3-48-0138-22-00," dated February 2001, as noted below: This Addendum consists of two 2 page(s), plus one 1 attachment. CHANGES TO SPECIFICATIONS 1. GENERAL CONDITIONS OF THE AGREEMENT (pink pages), Page 7, Paragraph 28 Contractor's Insurance. In Subparagraph A, General Liability Insurance, change the Comprehensive General Liability Insurance limit from $10,000,000.00 Combined Single Limit in the aggregate and $10,000,000.00 per occurrence, to $3,000,000.00 Combined Single Limit in the aggregate and $3,000,000.00 per occurrence. In Subparagraph C, Comprehensive Automobile Liability Insurance, change the Bodily Injury/Property Damage _from $10,000,000.00 Combined Single Limit, to $3,000,000.00 Combined Single Limit. 2. GENERAL CONDITIONS OF THE AGREEMENT (pink pages), CURRENT WAGE DETERMINATIONS. Delete the General Decision Number TX000028, dated 02/11/2000, with the General Decision Number TX000028, dated 03/02/2001. A copy of the 03/02/2001 wage decision is attached to this Addendum. CHANGES TO THE DRAWINGS 1. ELECTRICAL POWER PLAN, Sheet E1. In the TRANSFORMER VAULT DEMOLITION PLAN, the existing L-813, lOKW regulator for Circuit 12 is noted to be removed or relocated. Delete this notation and requirement for the Circuit #12 regulator. In the TRANSFORMER VAULT NEW ELECTRICAL PLAN, the existing l OKW regulator from Circuit #14 is noted to be installed in the s location feeding Circuit #12. The existing l0KW regulator from the existing Circuit 914 location will PARKHILL, SMITH & COOPER, INC. Engineers ■ Architects ■ Planners 4222 85`h Street ■ Lubbock, Texas 79423 (806) 473-2200 . FAX (806) 473-3500 Lubbock EI Paso Midland Amarillo .................. .................. .................. .................. .................. �I 1, 1U 1421 • .I IL 121 Il -J. .1 I.. \t I.... t It I■ Z t..l . ".II 10. ouuuuuuuo ADDENDUM NO.1 TO: All Prospective Bidders/ Plan Holders P"r. PROJECT: Lubbock International Airport Airfield Signage and Transformer Vault Improvements ^^� DATE: March 9, 2001 PSC Job No: 01-2720-00 Attention of all Prospective Bidders/Plan Holders is directed to the following modifications to the referenced Plans and Specifications. This Addendum forms a part of, and shall be attached to the Contract Documents, and modifies the original Bidding Documents titled, "City of Lubbock, Lubbock International Airport, Airfield Signage and Transformer Vault Improvements, Bid 065-01/LR, FAA A.I.P. Project No. 3-48-0138-22-00," dated February 2001, as noted below: This Addendum consists of two 2 page(s), plus one 1 attachment. CHANGES TO SPECIFICATIONS 1. GENERAL CONDITIONS OF THE AGREEMENT (pink pages), Page 7, Paragraph 28 Contractor's Insurance. In Subparagraph A, General Liability Insurance, change the Comprehensive General Liability Insurance limit from $10,000,000.00 Combined Single Limit in the aggregate and $10,000,000.00 per occurrence, to $3,000,000.00 Combined Single Limit in the aggregate and $3,000,000.00 per occurrence. In Subparagraph C, Comprehensive Automobile Liability Insurance, change the Bodily Injury/Property Damage _from $10,000,000.00 Combined Single Limit, to $3,000,000.00 Combined Single Limit. 2. GENERAL CONDITIONS OF THE AGREEMENT (pink pages), CURRENT WAGE DETERMINATIONS. Delete the General Decision Number TX000028, dated 02/11/2000, with the General Decision Number TX000028, dated 03/02/2001. A copy of the 03/02/2001 wage decision is attached to this Addendum. CHANGES TO THE DRAWINGS 1. ELECTRICAL POWER PLAN, Sheet E1. In the TRANSFORMER VAULT DEMOLITION PLAN, the existing L-813, lOKW regulator for Circuit 12 is noted to be removed or relocated. Delete this notation and requirement for the Circuit #12 regulator. In the TRANSFORMER VAULT NEW ELECTRICAL PLAN, the existing l OKW regulator from Circuit #14 is noted to be installed in the s location feeding Circuit #12. The existing l0KW regulator from the existing Circuit 914 location will PARKHILL, SMITH & COOPER, INC. Engineers ■ Architects ■ Planners 4222 85`h Street ■ Lubbock, Texas 79423 (806) 473-2200 . FAX (806) 473-3500 Lubbock EI Paso Midland Amarillo O, not be relocated to the Circuit #12 feed location. The existing IOKW regulator feeding Circuit #12 will not be removed or relocated under this project. Also, in the NEW ELECTRICAL PLAN KEYED NOTES, delete Note #4. END OF ADDENDUM NO. 1 mo�WWINIAg4 .�� OF "No Respectfully submitted, o Q.r PARKHILL, SM H & COOPER, INC. LAWRENCE J. VALREZ • ................................. .p�65358 �e By: �,��� a+ Lawrence J. (Larry), ldez,P.E. a '� Corporate Associate ro ect anager Receipt of this addendum shall be acknowledged by the Bidder, below and on the bid Proposal. This entire addendum, or a copy thereof, shall be attached to the bid Proposal submitted. ACKNOWLEDGED: By: PARKHILL, SMITH & COOPER, INC. Engineers ■ Architects ■ Planners 422285 th Street • Lubbock, Texas 79423 (806) 473-2200 • FAX (806) 473-3500 Lubbock ElPaso Midland Amarillo No Text General Decision Number TX010028 Superseded General Decision No. TX000028 State: TEXAS Construction Type: HEAVY HIGHWAY County (ies) : ECTOR POTTER TOM GREEN LUBBOCK RANDALL MIDLAND TAYLOR HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not include building structures in rest area projects). Modification Number Publication Date 0 03/02/2001 TX010028 - 1 03/02/2001 0 0-cil-4we)ZARLON Rates 7.27 7.27 9.23 9.90 8.81 13.72 6.56 9.00 8.30 8.83 6.79 8.46 10.28 7.82 8.70 8.54 9.50 7.17 8.74 9.00 9.67 8.09 11.58 10.47 10.46 7.32 6.79 6.79 7.55 9.16 7.86 8.46 10.00 11.48 7.33 6.7':li 6.9_ 8 , 2 +) Fringes 03/C;2,`2001 COUNTY (ies) ECTOR POTTER LUBBOCK RANDALL MIDLAND TAYLOR SUTX2037A 03/26/1998 ., ASPHALT HEATER OPERATOR ASPHALT RAKER CARPENTER CONCRETE FINISHER -PAVING CONCRETE FINISHER STRUCTURES ELECTRICIAN FLAGGER FORM BUILDER -STRUCTURES FORM SETTER - PAVING & CURB FORM SETTER-STRUCTURES LABORER-COMMON LABORER UTILITY MECHANIC SERVICER PIPE LAYER ASPHALT DISTRIBUTOR OPERATOR ASPHALT PAVING MACHINE BROOM OR SWEEPER OPERATOR BULLDOZER SLIPFORM MACHINE OPERATOR CRANE, CLAMSHELL, BACKHOE DERRICK, DRAGLINE, SHOVEL FRONT END LOADER MOTOR GRADER OPERATOR FINE GRADE MOTOR GRADER PLANER OPERATOR ROLLER, STEEL WHEEL PLANT MIX PAVEMENTS ROLLER, STEEL WHEEL OTHER, FLATWHEEL OR TAMPING ROLLER, PNEUMATIC SELF-PROPELLED SCRAPER TRACTOR -CRAWLER TYPE TRACTOR - PNEUMATIC TRAVELING MIXER ` REINFORCING STEEL SETTER PAVING REINFORCING STEEL SETTER STRUCTURES SPREADER BOX OPERATOR WORK ZONE BARRICADE TRUCK DRIVER -SINGLE AXLE LIGHT TRUCK DRIVER -SINGLE AXLE HEAVY TRUCK DRIVER -TANDEM AXLE SEMI TX010028 - 2 0-cil-4we)ZARLON Rates 7.27 7.27 9.23 9.90 8.81 13.72 6.56 9.00 8.30 8.83 6.79 8.46 10.28 7.82 8.70 8.54 9.50 7.17 8.74 9.00 9.67 8.09 11.58 10.47 10.46 7.32 6.79 6.79 7.55 9.16 7.86 8.46 10.00 11.48 7.33 6.7':li 6.9_ 8 , 2 +) Fringes 03/C;2,`2001 TRAILER 7.13 TRUCK DRIVER-LOWBOY/FLOAT 8.87 WELDER 11.83 ---------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after -� award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (v)) . ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) -- ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinat,!-ans- Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7.). Write to: TX010028 - 3 03/02/2001 POW POO Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D..C. 20210 4.) All decisions by the Administrative Review Board are final. END'OF GENERAL DECISION TX010028 - 4 03/02/2001 CITY OF LUBBOCK INVITATION TO BID FOR TITLE: AIRFIELD SIGNAGE & TRANSFORMER VAULT IMPROVEMENTS AT LUBBOCK INTERNATIONAL AIRPORT ADDRESS: LUBBOCK, TEXAS BID NUMBER: 065-01/1—R ACCOUNT NUMBER: 9161.8304.20000 FAA A.I.P. PROJECT NUMBER: 3-48-0138-22-00 CONTRACT PREPARED BY: PURCHASING DEPARTMENT r - INDEX 1. NOTICE TO BIDDERS r- 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - UNIT COST 4. LIST OF SUBCONTRACTORS 5. INSURANCE REQUIREMENT AFFIDAVIT 6. PAYMENT BOND 7. PERFORMANCE BOND 8. CERTIFICATE OF INSURANCE 9. CONTRACT �^* 10. GENERAL CONDITIONS OF THE AGREEMENT 11. CURRENT WAGE DETERMINATIONS 12. SPECIAL PROVISIONS 13. SPECIFICATIONS r+ NOTICE TO BIDDERS NOTICE TO BIDDERS BID 065-01111-R Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, • until 4:00 o'clock p.m. on March 20th, 2001 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 with a budget amount of $129,910: AIRFIELD SIGNAGE & TRANSFORMER VAULT IMPROVEMENTS AT LUBBOCK INTERNATIONAL AIRPORT After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 4:00 o'clock p.m. on March 20th, 2001 and the City of Lubbock City Council will consider the bids on April 12th, 2001 at the Municipal Building, 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 $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. 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 five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds within fifteen (15) days after notice of award of the contract to him. The bid bonds of all bidders shall be retained until after the award of contract is made. The bid bond of the successful bidder shall be retained until the contract is fully executed by all parties, the receipt of all necessary insurance certificates, and the posting of performance and payment bonds. The failure of the bidder to accept an award and file acceptable insurance certificates and required bonds within 15 days after notice of award shall be just cause for cancellation of the award and forfeiture of the bid bond to the City of Lubbock as liquidated damages. Award may then be made to the next lowest responsive and responsible bidder. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non- mandatory pre-bid conference on February 28th, 2001 at 10:00 o'clock a.m., Lubbock International Airport, Blue Room, 2"d Floor, 5401 N. MILK Blvd., Lubbock, Texas. Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 13th Street, Lubbock, Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained by the bidder for a $60 non-refundable charge per set. Plans and specifications may be obtained through the offices of Parkhill, Smith and Cooper, Inc. 4422 851h Street, Lubbock, Texas 79423 806.473.2200. Plans and specifications will be shipped at the bidder's expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping charges and must furnish the name of the service to be used and the bidder's account number. - CONTINUED NEXT PAGE - r� GENERAL INSTRUCTIONS TO BIDDERS I GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY, TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish AIRFIELD SIGNAGE & TRANSFORMER VAULT IMPROVEMENTS AT LUBBOCK INTERNATIONAL AIRPORT per the attached specifications and contract documents. Sealed bids will be received no later 4:00 p.m. CST, March 20th 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 #065-01/1LR AIRFIELD SIGNAGE & TRANSFORMER VAULT IMPROVEMENTS AT LUBBOCK INTERNATIONAL AIRPORT" 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: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. 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. 2 PRE-BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre-bid meeting will be held at 10:00 a.m. February 28th , 2001 in Lubbock International Airport Blue Room, Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre-bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre-bid meeting to bidders who do not attend the pre-bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. 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 Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. 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 Department no later than ten (10) 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 Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 1 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager 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 Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than ten (10) calendar days prior to the opening of bids. 5 BID 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. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secretor 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 CON FIDENTIAUPROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 CONFLICT OF INTEREST 8.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock in regard to this bid. 8.2 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. 2 r W 9 CONTRACT DOCUMENTS 9.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 9.2 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. 9.3 The Bidder's attention is called to the provision that no Contractor, Subcontractor or other company or business entity, that has a Worker's Compensation Insurance Experience Rating of greater than one (1) will be permitted to work on the proposed construction project. Bidders that have a Worker's Compensation Experience Rating greater than one(1) will be considered non- responsive bidders. The Contractors Workers Compensation Rating is based on the National Council on e"* Compensation Insurance rating. The City understands that not all states participate in this program. For those contractors whose states do not participate, the City will accept a letter from their insurance company that verifies that their workers compensation rating is equivalent to the National Council on Compensation Insurance rating. Written evidence of a Worker's Compensation Insurance Experience Rating of greater than one (1), or equivalent, must be submitted with the bid documents. 10 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge. The contract documents may be examined without charge as noted in the Notice to Bidders. 11 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 11.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing Manager 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 Office no later than ten (10) calendar days before the bid closing date. A review of such notifications will be made. 11.2 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 TEN (10)' CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: LAURA RITCHIE, SENIOR BUYER City of Lubbock 1625 131h Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: LRitchie@mail.ci.lubbock.tx.us 12 TIME AND ORDER FOR COMPLETION 12.1 The construction covered by the contract documents shall be fully completed within 90 (NINETY) CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. " 12.2 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 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 3 14 AFFIDAVITS OF BILLS PAID The City of Lubbock, prior to final acceptance of this project, requires the Contractor to execute an affidavit that all y 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. 15 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. 16 GUARANTEES 16.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects - appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 16.2 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. 16.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 16.4 The warranties contained herein are separate and discrete from any other warranties specified in this �. Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 17 PLANS FOR THE CONTRACTOR The Contractor will be furnished ten (10) sets of plans and specifications, and related contract documents for his 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. 18 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. 4 QM -3 W 20 21 22 23 rte• 24 (c) Equipment schedule. (d) A letter, on Contractor and Subcontractor insurer's letterheads, stating the Worker's Compensation Insurance Experience Rating for Contractor and Subcontractor. (e) If, after award of contract, the Contractor adds or substitutes subcontractors, then an insurer's letter stating the Worker's Compensation Insurance Rating shall be provided to the City for each added or substituted subcontractor. TEXAS STATE SALES TAX 19.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 19.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, and the private utility owner, as applicable, at Contractor's expense. 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. EXPLOSIVES 22.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 22.3 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. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. INSURANCE 5 24.1 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 Parkhill, Smith & Cooper, Inc. and written notice of cancellation or any material change will be provided thirty (30) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation against the city and Parkhill, Smith & Cooper, Inc. — 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. 24.2 The insurance certificates furnished shall name the City of Lubbock (the City) as additional insured. It shall be the contractor's responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 25 LABOR AND WORKING HOURS 25.1 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 Article 5159a, Vernon's Annotated Civil Statutes 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 these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 25.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 25.1.2 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. 25.1.3 A longer workweek is authorized under Section 01140 — Work Restrictions of the specifications. T` 25.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 25.3 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. 26 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 engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each 61 27 28 29 PM calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. PROVISIONS CONCERNING 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. PREPARATION FOR BID 28.1 The bidder shall submit his bid in duplicate on forms furnished by the City or electronically reproduced by the bidder. Forms electronically reproduced by the bidder must be identical in every respect to the forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price 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 price written in words and the price written in figures, the price written in words shall govern. Bidder's bid submittal must be in duplicate and must include the following: • Bid Submittal Form ■ List of Subcontractors ■ City of Lubbock Insurance Requirement Affidavit ■ Bid Bond ■ DBE Requirements (See Section 32.3 Below) 28.2 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. 28.3 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 (The City does not accept bids by fax. However, there are companies in Lubbock that will receive seal, and deliver faxed bids._ These be delivered on-time and addressed as specified in the Notice to Bidders and endorsed on the outside of 28.3.1 Bidder's name 28.3.2 Bid for [title]. 28.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 28.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders (b) General Instructions to Bidders (c) Bid Submittal Form and "Exhibit A" (d) Statutory Payment and Performance Bonds 7 (e) Contract (f) General Conditions of the Agreement (g) Special Provisions (h) Technical Specifications (i) Insurance Certificates (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents, 30 QUALIFICATIONS 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 the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. (e) Worker's Compensation Experience Rating. 31 BID AWARD 31.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. 31.2 The City reserves the right to accept the Total Base Bid and Alternate Bids in any order or combination that serves its best interests. The low bid shall be determined on the price combination of the Total Base Bid and any accepted Alternate Bids or Options. 31.3 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 31.3 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. 31.4 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. 31.5 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. — 31.6 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. 31.7 The successful bidder must satisfy the City as to the bidder's ability to perform the work and meet all contractual obligations set forth in the contract to be executed. 32 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS 32.1 The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this ITB, Disadvantaged Business Enterprises (DBE's) will be afforded equal opportunities to submit bids and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration of an award. 32.2 A DBE is defined as a small business concern which is at least 51 %% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51 % of the stock of which is owned by one ore more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. 32.3 Good Faith Efforts (Information to be submitted) .� City of Lubbock treats bidders' compliance with good faith efforts requirements as a matter of responsiveness. Each solicitation for which a contract goal has been established will require the bidders/offerors to submit the following information with its bid as a condition of responsiveness: 1. The names and addresses of DBE firms that will participate in the contract; 2. A description of the work that each DBE will perform; 3. The dollar amount of the participation of each DBE firm participation; 4. Written and signed documentation of commitment to use a DBE_ subcontractor whose participation it submits to meet a contract goal; 5. Written and signed confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts. 32.4 Demonstration of good faith efforts The obligation of the bidder is to make good faith efforts. The bidder can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. Examples of good faith efforts are found in Attachment 7 of the Airport's DBE plan, http://purchasing.ci.lubbock.tx.us/vendolr.htm . The following personnel are responsible for determining whether a bidder who has not met the contract goal has documented sufficient good faith efforts to be regarded as responsive: Persons assigned to evaluate bids or proposals as specified on the City's "Request to Solicit Competitive Bids or Proposals — Procurement Document Submittal Form." We will ensure that all information is complete and accurate and adequately documents and bidder's good faith efforts before we commit to the performance of the contract by the bidder. 32.5 Administrative reconsideration Within 10 days of being informed by City of Lubbock that it isnot responsive because it has not documented sufficient good faith efforts, a bidder may request administrative reconsideration. Bidders should make this request in writing to the following reconsideration official: Victor Kilman, Purchasing Department, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457. The reconsideration official will not have played any role in the original determination that the bidder did not make/document sufficient good faith efforts. As part of this reconsideration, the bidder will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder will have the ,opportunity to meet in person with our reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. We will send the bidder a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the Department of Transportation. Pft 9 32.6 Good Faith Efforts when a DBE is replaced on a contract City of Lubbock will require a contractor to make good faith efforts to replace a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE, to the extent needed to meet the contract goal. The City will require R— the prime contractor to notify the DBE Liaison Officer (DBELO) immediately of the DBE's inability or unwillingness to perform and provide reasonable documentation. In this situation, we will require the prime contractor to obtain our prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. If the contractor fails or refuses to comply in the time specified, our contracting office will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the contracting officer may issue a termination for default proceeding. 32.7 Counting DBE Participation The City will count DBE participation toward overall goals as provided in 49 CFR 26.55. 32.8 Certification The DBELO will use the certification standards of Subpart D of part 26 and the certification procedures of Subpart E of part 26 to determine the eligibility of firms to participate as DBEs in DOT -assisted contracts. In addition, the Department of Aviation has approval from Citibus, the City's transit authority and the Affirmative Action and Contract Compliance Division of the City of Houston, Texas to assist in applying certification standards. To be certified as a DBE, a firm must meet all certification eligibility standards. The City will make their certification decisions based on the facts as a whole. 32.9 Process The City's certification application form and documentation requirements are found in Attachment 5 of the Airport's DBE Plan. For information about the certification process or to apply for certification, firms should contact: Mark Earle, Director of Aviation, Lubbock International Airport, Rt. 3 Box 389, Lubbock, Texas 79403, 806/775- 3126, mearleCaD-mail.ci.lubbock.tx.us. In the event the City proposes to remove a DBE's certification, the City will follow procedures consistent with 26.87. Attachment 6 to the Airport's DBE Plan sets forth these procedures in detail. To ensure separation of functions in a decertification, the City has determined that the Purchasing Manager will serve as the decision maker in decertification proceedings. The City has established an administrative "firewall" to ensure that the Purchasing Manager will not have participated in any way in the decertification proceeding against the firm (including the decision to initiate such a proceeding). If the City denies a firm's application or decertifies it, the firm may not reapply until 12 months have passed from our action. —_ 32.10 Certification Appeals Any firm or complainant may appeal the City's decision in a certification matter to DOT. Such appeals may be sent to: Department of Transportation Office of Civil Rights Certification Appeals Branch, 400 7th St., SW, Room 2104, Washington, DC 20590. The City will promptly implement any DOT certification appeal decision affecting the eligibility of DBEs for all DOT -assisted contracting (e.g., certify a firm if DOT has determined that our denial of its application was erroneous). 32.11 "Recertifications" The City will review the eligibility of DBEs that the City might have certified under former part 23, to make sure that they meet the standards of Subpart D of part 26. The City will complete this review within four years beginning October, 1999. In order to comply with requirements of re -certification each currently certified DBE the airport works with as well as any new applicant for certification will be required to submit a Statement of Personal Net Worth as shown in Exhibit 9 of the Airport's DBE plan. For firms that the City has certified or reviewed and found eligible under part 26, the City will review their eligibility every five years following the date of their certification. These reviews will include the following components: 10 I . The City of Lubbock will require that the firm complete a new DBE Certification Form. 2. The City of Lubbock may use on-site visits where necessary to make proper determinations. 3. The City of Lubbock will use any discretion to certify a firm on reliance of the decisions made by DOT or another recipient, to make an independent certification decision based on additional documentation provided by another recipient or to require the applicant to proceed through our application procedure without regard to the action of the other recipient 4. City of Lubbock reserves the right to determine recertification procedures on a case-by-case basis. 32.12 "No Change" Affidavits and Notices of Change The City will require all certified DBEs to inform the DBELO, in a written affidavit, of any change in its circumstances affecting its ability to meet size, disadvantaged status, ownership or control criteria of 49 �•*+ CFR part 26 or of any material changes in the information provided with the DBE's application for certification. The City will also require all owners of all DBEs the City has certified to submit, on the anniversary date of �* their certification, a "no change" affidavit meeting the requirements of 26.830). The text of this affidavit is the following: I swear (or affirm) that there have been no changes in the circumstances of [name of DBE firm] affecting its ability to meet the size, disadvantaged status, ownership, or control requirements of 49 CFR part 26. There have been no material changes in the information provided with [name of DBE]'s application for certification, except for any changes about which you have provided written notice to the City of Lubbock under 26.83(1). [Name of firm] meets Small Business Administration (SBA) criteria for being a small business concern and its average annual gross receipts (as defined by SBA rules) over the firm's previous three fiscal years do not exceed $16.6 million. The City will require DBEs to submit with this affidavit documentation_ of the firm's size and gross receipts. The City will notify all currently certified DBE firms of these obligations by newsletter or direct mail beginning October, 2000. This notification will inform DBEs that to submit the "no change" affidavit, their owners must swear or affirm that they meet all regulatory requirements of part 26, including personal net worth. Likewise, if a firm's owner knows or should know that he or she, or the firm, fails to meet a part 26 eligibility requirement, the obligation to submit a notice of change applies. 32.13 Bidders List .� The City of Lubbock will create a bidders list, consisting of information about all DBE and non -DBE firms that bid or quote on DOT -assisted contracts. The purpose of this requirement is to allow use of the bidders list approach to calculating overall goals. The bidders list will include the name, address, �^^ DBE/non-DBE status, age, and annual gross receipts of firms. The City will collect this information in the following ways: a notice in all solicitations and direct request to firms quoting on subcontracts to report information directly to the DBELO. The City of Lubbock will work closely with all prime bidders in order to collect necessary information of all firms who quote to them on contracts. 32.14 Monitoring Payments to DBEs The City will require prime contractors to maintain records and documents of payments to DBEs for three years following the performance of the contract. These records will be made available for inspection upon request by any authorized representative of the City of Lubbock or DOT. This reporting requirement also extends to any certified DBE subcontractor. The City will keep a running tally of actual payments to DBE firms for work committed to them at the time of contract award. The City will perform interim audits of contract payments to DBEs. The audit will review payments to DBE subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation. 32.15 Reporting to DOT 0 11 The City will report DBE participation to DOT annually on Form 4630, as modified for use by FAA recipients. 33 Confidentiality The City will safeguard from disclosure to third parties information that may reasonably be regarded as confidential business information, consistent with Federal, state, and local law. The City of Lubbock will maintain efforts to be consistent with the law as set forth in: the Freedom of Information Act under USC: Title 5. The relevant text is found in § 552(b)(2) and (4). The City of Lubbock will interpret these parts as policy to refuse the release of and access to, any information deemed to be related solely to the internal personnel rules and practices of an agency; or as trade secrets and commercial or financial information obtained from a person and privileged or confidential. Further, in compliance with USC: Title 18 § 1905 concerning the disclosure of confidential information: The City of Lubbock will not publish, divulge, disclose or make known in any manner or to any extent not authorized by law any information coming to us in the course of employment or official duties or by reason of any examination or investigation made by, or return, report or record made to or filed with the City of Lubbock, which information concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association; or permits any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law. Notwithstanding any contrary provisions of state or local law, we will not release personal financial information _ submitted in response to the personal net worth requirement to a third party (other than DOT) without the written consent of the submitter. 34 Non Discrimination Clause The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. 35 Prompt Payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from City of Lubbock. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Lubbock. This clause applies to both DBE and non -DBE subcontractors. The City of Lubbock will require that all contractors comply with the Texas Government Code 2251.022. Chapter 2251 of the Texas Government Code generally defines past due dates and provides for payments for goods and services to vendors, general contractors, and subcontractors. Failure to comply with the provisions of Texas Government Code Chapter 2251 include the right to charge interest on overdue accounts and right to collect attorney's fees in the event of formal administrative or judicial action to collect an invoice payment or interest due. A copy of Texas Government Code 2251.022 is attached as Attachment 8 in the Airport's Disadvantaged Business Enterprise Plan. 36 Monitoring and Enforcement Mechanisms The City will bring to the attention of the Department of Transportation any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in 26.109. The City also will consider similar action under our own legal authorities, including responsibility determinations in future contracts. The City of Lubbock WILL REQUIRE CERTIFICATION that work contracted with a DBE is actually performed by the DBE. We may follow up this certification by conducting on-site evaluations to monitor the performance obligated in the contract. In the event of non-compliance with the DBE regulation by any participant in our procurement activities, the City of Lubbock shall be entitled to pursue any and all remedies allowed by the laws of the State of Texas and the Federal Government. Such remedies may include, but not necessarily be limited to, the following: 12 , , ' o. Civil aotion, in o court appropriate juhodicdon, for breach of the contract. Such damages may be set forth in the contract as predetermined damages, consequential damages arising out of the breach and/or specific performance. � b. Criminal prosecution may result from the commission of fraud or other criminal activity on the part of a party tothe contract. In the event that a crime is perceived to have occurred, the city may refer the case to the appropriate law enforcement or prosecutorial authority for further action. |nsuch event the ' city anticipates cooperating with such agency in the investigation and prosecution of a criminal case. , 13 ADDITIONAL INSTRUCTIONS TO BIDDERS IB -1. SPECIAL PROVISIONS Attention of Bidders is directed to SPECIAL PROVISIONS included in these documents for requirements concerning scope of work, labor, wage schedule, insurance and similar subjects. IB -2. PLANT LOCATION AND STORAGE AREA Contractors bidding on the work included in this contract who desire to locate a material storage area or other similar facility on the airport property may secure such site, buildings or areas by direct negotiation with the Director of Aviation. IB -3. EXECUTIVE ORDER -EQUAL OPPORTUNITY CLAUSES A. Required Notices for Contracts Over $10,000. The regulations and orders of the Secretary of Labor, OFCC, AND FAR 152.61 require the following notices: 1. The proposed contract is under and subject to Executive Order 11246 of September 24, 1965, and to the Equal Opportunity Clause, and 2. The Bidder (Proposer) must supply all the information required by the bid or proposal form. 3. The successful bidder will be required to submit a Certification of Nonsegregated Facilities prior to award of the contract, and to notify prospective subcontractors of the requirement for such a Certification where the subcontract exceeds $10,000. Samples of the Certification and Notice to Subcontractors appear in the specifications. 4. Women will be afforded equal opportunity in all areas of employment. m-- However, the employment of women shall not diminish the standards or requirements for the employment of minorities. 5. Notice of requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246, as amended). a. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. b. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate work force in each trade on all construction work in '^ the covered area, are as follows: 01272000 1 .. 03/01 Goals for female participation in each trade 6.9% Goals for minority participation in each trade 19.6% These goals are applicable to all the contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. The contractor's compliance with the executive order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR Part 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the contractor's goals, shall be a violation of the contract, the executive order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. c. The contractor shall provide written notification to the Director, OFCCEP, within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employee identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. d. As used in this notice and in the contract resulting from this solicitation, the "covered area" is City of Lubbock, Lubbock County, Texas. B. Contracts in Excess of 50,000. For bids relating to contracts of $50,000 or more, a contractor having 50 or more employees, and his subcontractors having 50 or more employees, and who may be awarded a subcontract of $50,000 or more, will be required to maintain an affirmative action program within 120 days of the commencement of the contract. C. Additional Notices for $1 Million Contracts. For each contract which results in a bid of $1 million or more: 01272000 2 03/01 r 1. Preward Equal Opportunity Compliance Reviews. Where the bid of the apparent low responsible bidder is in the amount of $1 million or more, the bidder and his known all -tier subcontractors which will be awarded subcontracts of $1 million or more will be subject to full, on-site, preaward equal opportunity compliance reviews before the award of the contract for the purpose of determining whether the bidder and his subcontractors are able to comply with the provisions of the equal opportunity clause. 2. Compliance Reports Within 30 days after award of this contract, the contractor shall file a compliance report (Standard Form 100) if: a. The contractor has not submitted a complete compliance report within 12 months preceding the date of award; and b. The contractor is within the definition of "employer" in Paragraphs 2e(3) of the instructions included in Standard Form 100. opt The contractor shall require the subcontractor on all -tier subcontracts, irrespective of dollar amount, to file Standard Form 100 within 30 days after award of the subcontract if the above two conditions apply. Standard Form 100 will be furnished upon request. IB -4. CONTRACTOR'S CERTIFICATION OF AFFIRMATIVE ACTION The Contractor assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR part 152, Subpart E. The Contractor assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. The Contractor assures that it will require that its covered suborganizations provide assurances to the Contractor that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect. IB -5. DISADVANTAGED BUSINESS ENTERPRISE CONTRACT PROVISIONS ^^ PART A Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. DBE Obligation. The contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum W 01272000 3 +* 03/01 opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of DOT -assisted contracts. Compliance. All bidders, potential contractors, or subcontractors for this DOT assisted contract are hereby notified that failure to carry out the DOT policy and the DBE obligation, as set forth above shall constitute a breach of contract which may result in termination of the contract or such other remedy as deemed appropriate by the Owner. Subcontract Clauses. All bidders and potential contractors hereby assure that they will include the above clauses in all subcontracts which offer further subcontracting opportunities. PART B It is further understood and agreed: The award selection procedure for this solicitation will include the selection criteria of 49 CFR Part 23.45(1) to ensure that prime contracts are awarded to competitors that meet Disadvantaged Business Enterprise (DBE) goals. Notification is hereby given that DBE contract goals are established for this prime contract. The goal for firms owned and controlled by socially and economically disadvantaged individuals is nine percent (9 %) of the dollar value of this contract. After opening of bids, the apparent successful bidder will be required to submit the names and addresses of DBE firms that will participate in the contract along with a description of the -- work and dollar amount for each firm. If the responses do not clearly show DBE participation will meet the goals above, the apparent successful bidder must clearly demonstrate, to the satisfaction of the airport sponsor, that a good faith effort has in fact been made and that meeting said goals is not — reasonably possible. A bid that fails to meet these requirements will be considered nonresponsive. Arrangements between bidder/proposer and a DBE in which the DBE promises not to provide sub -contracting quotations to other bidders/proposers are prohibited. All bidders and proposers shall make a good faith effort to replace a DBE sub -contractor that is unable to perform successfully with another DBE sub -contractor. The bidder shall establish and maintain records and submit regular reports, as required, which will identify and assess progress in achieving DBE sub -contract goals and other DBE affirmative action efforts. 01272000 4 03/01 No Text WAGE, LABOR, EEO SAFETY AND GENERAL REQUIREMENTS SECTION A (Federal A•istio. ...,_ _ . _, (FAA) fib) A-1 Airport and A vay impcoveareat Progam Projat- The worm in this contract is included in Airport Improvement Project No. 3-48-0138- 2 2 -0 0 which is being undertaken and accomplished by the City of Lubbock (Sponsor) in accordance with the terms and conditions of a grant agreement between the Sponsor and the United States, under the Airport and Airway Improvement Act of 1982 (P.L. 97-248) as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987 (P.L 100-223) and Part 1S2 of the Federal Aviation Regulations (14 CFR Part 1S2), pursuant to which the United States has -agreed to pay a certain percentage of the costs under ,.. those Acts. The United States is not, a party to this contract and no reference is this contract to the FAA or any representative thereof, or the United States, by the contract, makes the United States a, party to this contract. A-2 Conseat to Assign t. The contractor shall obtain the prior written consent of the Sponsor to any proposed assignment of any interest in or part of this contract._ A-3 Convict Labor. No convict labor may be employed under this contract. A4 Veterans Preference. In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans as defined in Section S1S(c)(1) and (2) of the Act. However, This preference shall apply only where the individuals are available -- individuals ad qualitied�topei�#orai ' the work to which the employment relates. A-5 Withbolding; Sponsor from Contractor. Whether or not payments or advances to the City of Lubbock (Sponsor) are withheld or suspended by the FAA, the Sponsor may withhold or"cau'se to be withlieldfcorn the contractor w.... so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the contractor or any subcontractor on .the work, the full amount of wages required by this .. contract. _ A-6 Nonpayment of Wagm it the contractor or subcontractor fails to pay any laborer or mechanic employed or working on the site of the r work any of the wages required by this contract, the City of Lubbock(Sponsor)may, after written notice to the contractor, take such action, as .may be 'necessary to cause the suspension of any further payment or advance of funds until the violations cease roll (2/92) FAA - 1 ,oft 2 u A-7 FAA imspec6 m and review. The contractor shall allow any authorized representative of the FAA to inspect and review any work or materials used in the performance of this contract, A,8 Sabconbi ts. The contractor shall insert in each of his subcontracts the provisions contained in paragraphs A-1, A-3, A- 4, A -S, A-6, and A-7 requiring the subcontractors to include these provisions in any lower tier subcontracts which they may eater into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. A-9 Comb -ma to rnisatioa: Any violation or breach of the terms of this contract on the part of the contractor or subcontractor may result in the suspension or termination of this contract or such other _action which may be.necessary to enforce the -- rights of the parties of this agreement. (49 CFR Part 18). A-10 Inspection of Records. The contractor shall maintain an acceptable cost accounting system. The Sponsor, the FAA, and the ' Comptroller General of the United States shall have access to any books, documents, paper, and records of the contractor which are directly pertinent to the specific contract for the purposes of making an audit, examination, excerpts, and transcriptions. The contractor shall maintain all required records for three years after the Sponsor makes final payment and all other pending matters are closed. (49 CFR Part 18). A-11 Rights to Inventioms. All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the Sponsor of the Federal grant under which this contract is executed. Information regarding these rights is available from the FAA and the Sponsor. (49 CFR Part 18). A-12 Gonad Civil Rights Pra isioms. The contractor assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the contractor from the, bid solicitation period through the completion of the contract. (Section 520, Airport and Airway Improvement Act of 1982). (2192) FAA - 2 SECTION B DAMS -BACON ACT REQUIRCbltTS (29 CFR PART B-1 MiaMaa Wades. (a) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on an' account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at «** time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section't (b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to laborers or mechanics, subject to the provisions of paragraph (&I) (d) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5S(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein:Provided, That the employer's pa3Troll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (B -1)(b) of this section) and the Davis-Bacon'poster -(VVH•1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (b) (1) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be, classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determinations; and (ii) The classification is utilized in the area by the construction Industry; and _ (iii) The proposed wage rate, Including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (If known), or their representatives, and the contracting officer agree on the classification and wage" rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall,be, sent by the contracting officer to the Administrator of the Wage ,.; _.._ and Hour Division, Employment Standards..Admi Titration, US Department of Tabor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action `within 30 days of receipt and so ,.., advise the contracting officer or will notify the contracting officer within the 30 -day period (2192) FAA — 3 2 that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). — (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the _ contracting officer shall refer the questions, including the views of all interested, parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will Issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting oM= within the 30 -day period that additional time is necessary. (Approved by the OtSae of Management and Budget under OMB Control Number 1215-0140). (4) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (B -1)(b)(2) or (3) of this paragraph, shall be paid to all workers performing work in the classification under, this contract from the tlrst day on which work Is performed in the classification. (c) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona tide fringe benefit or an hourly cash equivalent thereof. (d) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated In providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been meta The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). B-2 FVdiVLoidiiag,. The Federal Aviation Administration or the, Sponsor shall upon Its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to David -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. ilt-3 PapvM cad bade re+ooeds. T� (a) Payrolls and basic -records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 39 CFR 5.5(a)(1)(Iv) that the wages of any laborer or (2/92) FAA – 4 4 3 mechanic include the amount 'of any costs reasonably anticipated In providing benefits, undera plan or program described'in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall mailtitain,records which show that the commitment to provide such benefits lislelpforce.able, that the plan or program is financially Tesponsible, and that the plan or program has been communicated in writing to the Laborers or mechasicsx___-1- affected, and records which show the. costs anticipated or the actual costs incurred, In providing such benrents. Contractor's employing apprentices or trainees under approved programs shall maintain. written evidence or the registration of apprenticeship programs and certification of trainee programs, the registration or the apprentices and trainees, and the ratios and w* rates- prescribed in the aipplicable programs. (2.9 CFR - 5.5(a)(11(t) Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). (b) (1) The I contractor, shall submit- weekly, I for each week In which any contract work is performed, -7 ' a copy of all payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph 5.5(a)(3)(i) above. 71iis information may be submitted in any form desired. Optional Form WH -347 Is availablle-fo,r,--,this .,purpose and may be purchased from the Superintendent of Documents (Federal -Stock Number 029-005-ON14-1), U.S. Government Printing Office, Washington, - D.C.20402. Thre prime contractor is responsible for the su0mlission, of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number,1215-01149). (2) acb payroll submitted shall be accompanied by a 'Statement of Compliance,* signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract an, s the following: (I) That the payroll for the payroll period contains the I mition required to be maintained under paragraph B-3 (a) above and that such information is correct and complete; (ii) That ea I c I b laborer and, mechanic(includingeach helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirwdy from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (III) That each laborer or , mechanichas been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work, performed, as specified in the applicable YAW determination incorporated into the contracL (3) The weekly submission of a properly executed certification set forth on the, reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of compilance, required by paragraph B-3 (b)(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 oflitle 18 and Section 231 of Tltle 31 of the United States Code. (c) The contractor or subcontractor shall make the records required under paragraph B-3 (a) of this section available for inspection, copying or transcription by authorized representatives of the Sponsor, the Federal Aviati F e - n Administration, or the Department of Labor, and shall permit such representatives to 0 Interview employees during working hours on the job. If the contractor or subcontractor fails to,submit the required records or to make them. available, the Federal ag ency may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further (2192) FAA 5 4 payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. B4 Apprentices aad Trainers. (a) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and Individually registered in a bona fide, apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if aperson is employed in his or her first 90 days of probationary r3employment as an apprentice . In such an apprenticeship program, who Is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program: Any worker listed on a payroll at an apprentice wage rate, who Is not registered or otherwise employed as stated above, shalt be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall _ be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator, determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that '- determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (b) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually _ rostered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and 'Raining Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division — determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fSr nge benefits for apprentices. Any employee listed on the payroll at a trainee rate who Is not registered and partidpating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not kss than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2/92) _. - FAA - 6 5 (c) Equal Employment Opportunity.' The utilization of apprentices, trainees and journeymen under r- this part shall be, in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. B-5 Co plies Wits Copeland Act Regatirss ts- The contractor shall comply with the requirements of. -29 CFR Part 3, which are incorporated by reference In this contract. The contractor or subcontractor shall - insert In any subcontracts the clauses contained _in 29 CFR Part 5.5(a)(1) through(10) and such other clauses as the FederalAviationAdministration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in ,any lower tier subcontracts., The.;prime contractor shall -.bel -responsible for the compliance by any subcontractor or lower tier _ r subcontractor with all the contract,clausesy In 29 gCFR Part 5.5. k sy r y any r x ,eA; B-7 Co pha>ace Whit Davin -Bacot and Rdated Ad ReQavmmmts. Ail rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are .....t..,���aJ.� herein incorporated by reference in this contract. _ B -s Disputes Coiaening Labor Staadza d . Disputes arising out of the labor standards provisions of this contract shall not ,bemsubject to the general disputes clause of this contract, Such disputes shall be resolved in accordancewith the procedures of the Department of Labor set forth in 29 CFR,Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. BA C�tificatioa at E�"bility _. , _ . (a) By entering into this contract, the contractor certifies that neither ,it (nor be or she) nor any person or firm who has an interest in the contractor's firm is,a person or firm _ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or. 29 CFR 512(a)(1). (b) No part of this contract shall be subcontracted to any person or Srm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Actor 29 CFR 5.I2(a)(1). (c) The penalty for making false statements Is prescribed in the US. Criminal Code, 18 US.C.1001. ,.., B-10 Conrad Twai"dom Deb a eaL ' A breach of the contract clauses in paragraph B-1 through B-9 of this section and paragraphs C-1 through C- 5 of Section C may be grounds for termination of the contract, and for the debarment as a,contractor and a subcontractor as provided In 29 CFR 5.12. (2192) FAA — 7 SECTION C CONTRACT WORSHOURS AND SAFEIX — STANDARDS ACT REQUIREMEN'I5 (29 CFR PART S) C-1 Oertia a RoQtits ts. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including T watchmen and guards, in any workweek in which he or she Is employed on such work to work in excess of forty hours -In such workweek unless such laborer or mechanic, receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. c -Z v,�ladon, Liability for Unpaid Wagag Liqxidated Damage& In the event of any violation of the clause set forth in paragraph C-1 above, the contractor or any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done_ under contract for the District of Columbia or a territory, to such District or to such. territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, Including watchmen and guards, employed in violation of the clause set forth in paragraph C-1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek„of forty hours without payment of the overtime wages required by the clause set forth in paragraph C-1 above. C-3 Withimiding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the. Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to. satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph C-2 above. Cwt Subcontractor& The contractor or subcontractor shall insert In any subcontracts the clauses set forth in paragraphs C-1 through C4 and also a clause requiring the subcontractor to Include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs C-1 through C4. C -a w«king Camfltiom& No contractor or subcontractor may require any laborer or mechanic employed In the performance of any -- contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under -construction safety and health standards (29 CFR Part 1926) Issued by the Department of Labor. (2192) FAA 8 SEMON D EQUAL EM MOYMENT OPPOM NITY _ (41 CFR PART WlA(b)) During the performance of this contract, the contractor agrees as follows: E14 The contractor will` not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. 'Ile contractor will take alfitmat ve action, to ensure that applicants are_ employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall Include, but not be limited to the following: Employment,upgrading, demotion, ortransfer,recruitment orrecruitmentadvertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous ?" places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause - D -2 The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. D-3 The contractor will send to each _labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers', representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to PPA employees and applicants for employment. D-4 'Ile contractor will comply with all provisions of Executive Order 11246 of September 24,1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. D -S The contractor will furnish all information, and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his , books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. "°r D-6 In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any -of the said rules, regulations, or orders, this contract maybe can terminated or suspended in whole or in part and the contractor -may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of _September 24, 1965, and such other sanctions may be Imposed and remedies Invoked as provided in Executive Order 11246 of September -2-4,_1965; or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. �'. (2192) FAA —'9 Z D-7 The contractor will include the portion of the sentence immediately preceding paragraph D- I and the provisions of paragraphs D-1 through D-7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. 'Ile contractor wW take such action with respect y to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provision, including sanctions for noncompliance: Provided, however, that In the event a contractor becomes involved in, or is threatened with, litigation with a r - subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. (2192) _ FAA — 10 SECTION E CLEAN AIR AND WATER PO LCTI'Iox COMMOL REQi7l0 E-1 Any other provision herein to the contrary notwithstanding, the contractor in carrying out work under this contract, shall at all times comply with all applicable state and federal air and water quality standards; with all pollution control laws; and with such rules, regulations, and directives as may be lawfully issued by a local, state, or federal agency having within Its jurisdiction the protection of the environment in the area surrounding where work under this contract will be performed. In addition, the contractor shall comply with directives given by the Project Engineer in implementation of the letter and intent or FAA Advisory Circular 150/5370-10, Item P-156, Temporary Air and Wafer Pollution, Soil Erosion and Siltation Control: Copies of this Advisory Circular can be obtained from Department r of Transportation, Distribution Unit, TAD -4843, Washington, D.C. 20590: _ E-2 Contractors and subcontractors agrees a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract Is Doi listed on the Environmental Protection Agency (EPA) List of Volating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 348 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts,respectively, and all other regulations and guidelines issued thereunder, c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the Contract is under, consideration'., tobe listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements. r rw, (2192) FAA - 11 SEMON F STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECMCAT10NS (41 CFR 660-43) 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; - b. 'Director' means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. 'Minority" includes: (1) Black (all) persons having origins in any of the Black African racial groups not or Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include In each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and — which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-45) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating In the Plan. Contractors shall be able to demonstrate their participation In and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan Is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. Ile overall good faith performance_ by other contractors or subcontractors toward a goal in as approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees In the covered area. Covered construction contractors performing construction work in a geographical area where — Ihey do not have a Federal or federally assisted construction contract shall apply the minority and female goals (1%92) FAA - 12 established for the geographical area where the work is being performed. Goals are pubtished periodically in the Federal Register in'nodce form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. " S. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective ,bargaining agreement to' refer either minorities or, women shall I excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated „ pursuant thereto. 6. In order for the nonworking training hours of apprentim and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor: 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall.. document these efforts, fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The "contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such ;a working environment, with specific attention to minority or female individuals working at PAW such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the,names, addresses, and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source,or community organization and of what action was taken with respect to each such individual. If such individual was sent. 19 the union hiring hall for referral and was not referred back to We contractor_by the union or, if referred, not employed by the contractor, this shall be documented In the rile with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide Immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent' by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet Its 'obligations. ___ . a Develop on-the-job training opportunities and/or participate in training programs for the area, which expressly include minorities and women, Including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall '~ provide notice of these programs to the sources compiled under 7b above. (1/92) FAA 13 3 f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting Its EEO obligations; by including it in any policy manual and coUective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year, and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibWty for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, -etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained Identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor, does or anticipates doing business. L Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. J. Encourage present minority and female employees to recruit other minority persons and womenand, where reasonable provide after school, summer, and vacation employment. to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory 'and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (1/92) FAA — 14 f 4 P. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their aftumative action obligations (7a through p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and particilit, pa may be asserted as fulfilling any one or more of Its obligations under 7a through p of thesespecifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected In the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. Tire obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority 0" group of women is underutilized. 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by " the Office of Federal Contract Compliance Programs. Any contractor a who fits to ca t _ _ rry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. ` 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy Is being carried out, to submit reports relating to the provisions hereof as may be' required by the Government, and to keep records. Records shall at least Include for each em to p yee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (eg., mechanic, apprentice, trainee, helper, or laborer), O„: dates of changes in status, hours worked per week In the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained In an easily understandable and retrievable form; however, to the degree that .existing records satisfy this requirement, contractors shall not be required to maintain separate records. 75. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards or compliance or upon the application of requirements for the hiring of local or w . other _area., residents (e.g., those under the, Public Works Employment Act of 1977 and the Community Development Block Grant Program), (I/92) � FAA — 15 SECTION G CONTRACTUAL REQUIREMENTS -PURSUANT 'h0 _ CIVIL RIGHTS ACT OF 1964, TME VI (49 CFR PART 21) During the performance of this contract, the contractor, for itself, its assignees and successors in Interest (hereinafter referred to as the 'contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, 'D(YT`) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21S of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to -` be performed under subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration'(FAA) to be pertinent to ascertain compliance with such Regulations, orders, and Instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this Information, the contractor shalt so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. S. Sanctions for Noncompliance. . In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor_ shall include the provisions of paragraphs 1 _ through S in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that In the event a contractor becomes Involved in, or Is threatened with, (2192) FAA - 16 No Text SECTION H TERNOINAnON OF CONTRACT (49 CFR PART 1$) 1. The Sponsor may, by written notice, terminate this contract in whole or In part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. -~ 2. If the termination is for the convenience of theSponsor, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. 3. If the termination is due to failure to NMI! the contractor's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the Sponsor for any additional cost occasioned to the Sponsor thereby. 4. If, after notice of termination for failure to fulfill contract obligations, It is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price shall be made as provided in paragraph'2 of this "clause. 5. The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract. (2/92) FFA — 18 No Text DISADVANTAGED BUSINESS ENTERPRISE CONTRACT PROVISIONS_ (49 CFR PART 23) PART A Poticv. It is the policy of the Department of Transportation (DOT) that diasdvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate to the performance or contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE — requirements of 49 CFR Part 23 apply to this agreement. DBE Obli¢ation. The contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shalt not discriminate on the basis of race, color, national origin or sex in the award and performance of DOT- assisted contracts. Compliance. All bidders, potential contractors or subcontractors for this DOT-assisted contract are hereby notified that failure to carry out the DOT policy and the DBE obligation, as set forth above, shall constitute a breach of contract which may result in termination of thecontract contract or such other remedy as deemed appropriate by the owner. Subcontract Clauses. Ail bidders and potential contractors hereby assure that they will include the above clauses in all subcontracts which offers further subcontracting opportunities. PART B It is further understood and agreed: The award procedure for this solicitation will include the selection criteria of 49 CFR Part 23.45(1) to ensure that prime contracts are awarded to competitors that meet Disadvantaged Business Entrprise (DBE) goals. Notification is hereby given that DBE goals are established for this prime contract, The goal for firms owned and controlled by socially and economically disavantaged individuals Is _2___.percent. of the dollar value of this contracK. After opening bids, the apparent successful bidder ,will be required to submit the names and addresses of the DBE Arms that will participate In the contract along with a description of the work to be performed by each named firm and the dollar value for each contract (subcontract). If the responses do not clearly show DBE participation will meet the goals above, the apparent successful bidder must — must provide documentation clearly demonstrating, to the satisfaction of the airport sponsor, that it made good faith efforts in attempting to do so and that meeting said goals is not reasonably possible. A bid that falls to meet these requirements will be considered nonresponsive. — Agreements between bidder/proposer and a DBE in which the DBE promises not to provide sub-contracting quotations to other bidders/proposers are prohibited. All bidders and proposers shall make a good faith effort to replace a DBE subcontractor that is unable to perform successfully with another DBE subcontractor. The bidder shall establish and maintain records and submit regular reports, as required, which will identify and assess progress In achieving DBE subcontract goals and other DBE affirmative action efforts. (2192) FFA - 20 BID SUBMITTAL ate - DATE: 03/19/01 PROJECT NUMBER: #066-01ILR - AIRFIELD SIGNAGE & TRANSFORMER VAULT IMPROVEMENTS AT LUBBOCK INTERNATIONAL AIRPORT BID SUBMITTAL UNIT PRICE BID CONTRACT Bid of F&W Electrical Contractors, Inc. (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a AIRFIELD SIGNAGE & TRANSFORMER VAULT IMPROVEMENTS AT LUBBOCK INTERNATIONAL AIRPORT, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and.the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated in Exhibit "A". .. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated, and for the prices stated in Exhibit "A" of this bid. row Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 90 (NINETY) calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $300.00 (THREE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of %o Thasard Six 11j?&EU y Fi-w Dollars ($ 2, 6 6 5 ), which it is agreed shall be collected and retained_ by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of receipt of written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Sea[ if Bidder is a Corporation) ATTEST: \` Cly � 1 Secretary Carla S. Hild Bidder acknowledges receipt of the following addenda: 03/19/01 q t � Authorized Signature JJames L. Freasier, Jr. (Printed or Typed Name) F&W Electrical Contractors, Inc Company Addenda No. 1 Date 03/09/01 Addenda No. 9 Daten3/13- 01 Addenda No. bate City Addenda No. Date 78114 State Zip Code M/WBE Firm: woman Black American Hispanic American I I Asian Pacific Ami 2 03/19/01 q t � Authorized Signature JJames L. Freasier, Jr. (Printed or Typed Name) F&W Electrical Contractors, Inc Company P.O. Box 98 Address Floresville Wilson City County Texas 78114 State Zip Code Telephone: 830 - 393-0083 Fax: 830 - 393-4730 "EXHIBIT A" PROPOSAL City of Lubbock, Texas IRFIELD SIGNAGE & TRANSFORMER VAULT IMPROVEMENTS March 19 ,2001 Item Quantity No. & Unit Description of Item and Unit Price Total Amount BASE BID 1. 22 Item L-125, Remove Existing Internally Lighted EA. Sign Legend Panels, and Furnish and Install New Internally Lighted Sign Legend Panels, complete, per each:. Sty F Two Hundred Seventy Dollars and _Zero Cents ($ 270.00 ) $ 5,940.00 2. 3 EA. 3. 1 EA. 01272000 03/01 Item L-125, Furnish and Install New 1 -Panel Internally Lighted Sign, including new concrete - encased base mounting, concrete cover slab, underground electrical conduit, concrete -encased junction box, all wiring and splicing into existing lighting circuit, complete, per each: One Thousand Five Hundred Dollars and Zero Cents ($...l.,500.00 ) Item L-125, Furnish and Install New 2 -Panel Internally Lighted Sign, including new concrete - encased base mounting, concrete cover slab, underground electrical conduit, concrete -encased junction box, all wiring and splicing into existing lighting circuit, complete, per each: Two Thousand One Hundred Dollars and Zero Cents ($ 2,100.00 ) C_1 $ 4,500.00 $ 2,100.00 01272000 03/01 C-2 Item Quantity No. & Unit Description of Item and Unit Price Total Amount 4. 2 Item L-125, Furnish and Install New 3 -Panel EA. Internally Lighted Sign, including new concrete - encased base mounting, concrete cover slab, underground electrical conduit, concrete -encased junction box, all wiring and splicing into existing lighting circuit, complete, per each: Two Thousand Eight Hundred Dollars and Zero Cents ($ 2, 800.00 ) $ 5,600.00 5. 1 Item L-125, Furnish and Install New 4 -Panel EA. Internally Lighted Sign, including new concrete - encased base mounting, concrete cover slab, underground electrical conduit, concrete -encased junction box, all wiring and splicing into existing lighting circuit, complete, per each: Three Thousand Three Hundred Dollars and Zero Cents ($ 3,300.00 ) $ 3.300.00 6. 1 Item L-125, Sign # 14-8, Remove Two (2) Existing L.S. Internally Lighted Signs, Extend Existing Concrete Cover Slab, Furnish and Install New 4 -Panel Internally Lighted Sign, Re -install Existing 4 -Panel Sign, including all wiring and splicing, complete, per lump sum: Seven Thousand Two Hundred Dollars and Zero Cents ($ 7,200.00 ) $ 7,200.00 7. 1 Item L-125, Sign #8-3, Remove.One (1) Existing L.S. Internally Lighted Sign, Extend Existing Concrete Cover Slab, Furnish and Install New 4 -Panel Internally Lighted Sign, including all wiring and splicing, complete, per lump sum: Three Thousand Seven Hundred Dollars and Zero Cents ($ 3,700.00 ) $ 3,700.00 01272000 03/01 C-2 P Item Quantity No. & Unit Description of Item and Unit Price Total Amount 8. 6 Item L-125, Remove Existing 1 -Panel Internally EA. Lighted Sign, and Furnish and Install New 1 -Panel Internally Lighted Sign, including any necessary concrete cover slab or mounting modifications, and all wiring. and splicing into existing lighting circuit, complete, per each: One Thousand Five Hundred Dollars and Zero Cents ($ 1,500.00 ) 9. 2 Item L-125, Remove Existing 1 -Panel Internally EA. Lighted Sign and Re -install in New Location, including new concrete -encased base mounting, concrete cover slab, underground electrical conduit, and all wiring and splicing into existing lighting circuit, complete, per each: Six Hundred Five Dollars $ 9,000.00 and Zem_Cents ($ 605 00 ) $ 11,210-00 10. 1 Item L-125, Remove Existing 2 -Panel Internally EA. Lighted Sign and Re -install in New Location, including new concrete -encased base mounting, concrete cover slab, underground electrical conduit, and all wiring and splicing into existing lighting circuit, complete, per each: Two Thou -,and Two Hundred Dollars and Zero Cents ($ 2,200.00 ) $ 2,200.00 11. 5 Item L-125, Remove and Salvage. Existing 2 -Panel EA. Internally Lighted Sign, Extend Existing Concrete Cover Slab, Furnish and Install New 3 -Panel Internally Lighted Sign, including all wiring and splicing, complete, per each: Two Thousand Eight Hundred Dollars and RPro Cents ($ 2.,800 - 00 ) $14.000.00 01272000 C -3 03/01 Item Quantity No. & Unit Description of Item and Unit Price Total Amount 12. 1 Item L-125, Remove Existing Unlighted Sign L.S. Legend Panel, and Furnish and Install New Unlighted Sign Panel, complete, per lump sum: One Thousand Dollars and Zero Cents ($ 1 , 000.00 ) $ 1,000.00 13. 1 Item L-125, Remove and Re -install Existing L.S. Lighted Wind Cone in New Location, including new assembly foundation, underground electrical conduit, and all wiring and splicing into existing lighting circuit, complete, per lump sum: Six Thousand Dollars and Zero Cents ($ 6,000.00 $ 6,000.00 14. 1 Item L-109, Transformer Vault Equipment, L.S. including all new equipment, relocation of existing equipment, and all wiring and splicing, complete, per lump sum: Thirty Thousand Dollars - and Zero Cents ($ 30,000.00 ) $ 30, 000.00 15. 3,500 Item P-620, Runway and Taxiway Painting, per S.F. square foot: Two Dollars and Fifty Cents ($ 2.50 ) $ 8,750.00 01272000 03/01 C-4 W^ Item Quantity No. & Unit Description of Item and Unit Price Total Amount 16. 1,000 Item P-620, Removing Existing Pavement S.F. Painting, per square foot: Six Dollars and Fifty Cents ($ 6.50 ) $ 6.50 TOTAL BASE BID (Items 1 through 16, Inclusive) $ 111,000.00 The undersigned Bidder hereby declares that he has visited the site of the work and has carefully �. examined the Plans, Specifications and Contract Documents pertaining to the work covered by the above bid, and that the prices bid herein are based on the minimum wage rates included in the specifications. The Bidder hereby agrees to commence work under this contract within 10 days of a date to be specified in written "Notice to Proceed" and to complete the work if awarded within ninety (90) calendar days. Bidder further agrees to pay as liquidated damages, the sum of $300.00 for each consecutive calendar day thereafter as provided in the General Conditions. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with the General Instructions to Bidders Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. Bidder acknowledges receipt of the following addendum: #1 Dated 03/09/01 #2 Dated 03/12/01 Enclosed with this Proposal is a Cashier's or Certified Check for Dollars ($ ) so Thama-id Six Hai3red Sixty aw or, a Proposal Bond in the sum of Dollars ($ 2, 6 6 5 ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the Proposal is accepted by the Owner within sixty (60) days after the date advertised for the reception of bids and the undersigned fails to execute the contract or required bonds with the Owner, under the conditions hereof, within ten (10) days after the date said proposal is accepted; otherwise, said check or bond shall be returned to the undersigned upon demand. 01272000 C -5 Poo 03/01 F&W Electrical Contractors, Inc.. Contracto (Seal if Bidder is By Corporation) -' J�mes L. Freasier, Jr: s P.O. Box 98; Floresville, Texas 78114 Address ATTEST: A Secretary Carla S. Hild NOTE: Do not detach this Proposal from this binding but submit intact. Fill in all blank spaces in this and accompanying forms and include proper bid security. 01272000 C - 6 '"" 03/01 f �•-+ LIST OF SUBCONTRACTORS NO Subcontractors to be utilized Minority Owned Yes No NSA ❑ p 2. 3. 0 ❑ 4. ❑ ❑ 5. G G .,. _ 6. 0 0 7 0 ❑ 8. - ❑ 0 9. ❑ 0 10. ❑ ❑ .A r 3 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If 1 am awarded this contract by the City of Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. James L. Freasier, Jr. Contractor (Print) CONTRACTOR'S FIRM NAME: F&W Electrical Contractors, Inc. (Print or Type ) WORKER'S COMPENSATION EXPERIENCE RATING: 1.30 For states that do not participate in the National Council on Compensation Insurance Rating, attach a letter from your insurance company that verifies their worker's compensation rating is equivalent to the National Council on Compensation Insurance rating. CONTRACTOR'S FIRM ADDRESS: P.O. Box 98 Name of Agent/Broker: Tom Moore & Associates, Inc. Address of Agent/Broker: 800 N.W. Loop 410, Suite 208 -South City/State/Zip: San Antonio, Texas 78216 Agent/Broker Telephone Number: (210 } 340-8261 _. Agent/Broker Email Address: Date: 03/19/01 NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right'to reject this bid and award the contract to another contractor. If you have any questions concerning these requirements, please r.ontact the Purchasing Manager for the City of Lubbock at (806) 775-2165. 4 BID #065-01/1-R - AIRFIELD SIGNAGE & TRANSFORMER VAULT IMPROVEMENTS AT LUBBOCK INTERNATIONAL AIRPORT 5 AMERICAN N " TIONAL FIRE INSURA� Tr:E COMPANY NEW YORK, NEW YORK BOND NO. KNOW ALL MEN BY THESE PRESENTS, that we, F&W Electrical Contractors, Inc. as principal, and the American National Fire Insurance Company, a corporation existing under the laws of the state of New York, having its principal place of business at 580 Walnut Street, Cincinnati, Ohio, as surety, are held and firmly bound unto, City of Lubbock as obligee, in the penal sum of Five Percent of Greatest Amount Bid by Principal DOLLARS ($5% of GAB), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and Polk assigns, jointly and severally, firmly by these presents. SIGNED, sealed, and dated this 13'�' day of March, 2001 WHEREAS, the said principal is herewith submitting a proposal for ITB #065-01/LR Airfield Signage & Transformer Vault Improvements at Lubbock International Airport. FAA A.I.P. Project No. 3-48-0138-22-00. NOW, THEREFORE, the condition of this obligation is such that, if the said principal shall be awarded the said contract, and shall within sixty ( 60 ) days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount be in excess of the former; but in no event shall be the liability hereunder exceed the penal sum hereof. F&�)ELEC7RICIAL, CONTRACTORS, INC. rl- Principal RICAN NATIONAL FIRE INSURANCE COMPANY •�* BY�rxJ Clement R. Kennon, Attorney -In -Fast AIVERICAN NATIONAL ARE INSURANCE COMPANY® New York, New York Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202.513-369-5000 • FAX 513-723-2740 The number of persons authorized by 16316 this power of attorney is not more than No. 0 TEFF POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the AMERICAN NATIONAL FIRE INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. e� Name Address Limit of Power QI24EM R. KENNON III ALL OF ALL TOMMY R. MOORE SAN ANTONIO, TSS UNLnIITED HELEN G. LOPEZ This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the AMERICAN NATIONAL FIRE INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 27th day of August 1999 Attest AMERICAN NATIONAL FIRE INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON — ss: On this 27th day of AuCJuSt, 1999 before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of American National Fire Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of American National Fire Insurance Company by unanimous written consent dated July 27, 1995. RESOL VED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and herebyis authorized, from time to time, to appoint one ormore Attorneys -In -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. am RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract orsuretyship, orother written obligation in the nature thereof, such signature and seal when so used being hereby adopted by pp, the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of American National Fire Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of July 27, 1995 have not been revoked and are now in full force and effect. r -A Signed and sealed this 13th day of March 2001 S 103ON(11/97) ""ELECTRICAL CONTRACTORS, INC. TO: EMPLOYEES, APPLICANTS FOR EMPLOYMENT, POTENTIAL EMPLOYEES, MINORITY, FEMALE, HANDICAPPED AND/OR VETERAN REFERRAL AGENCIES AND EEO COMPLIANCE OFFICERS AND SUBCONTRACTORS: FROM: F & W ELECTRICAL CONTRACTORS, INC. SUBJECT: EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT Resolved, that it will continue to be the policy of F & W ELECTRICAL CONTRACTORS, INC. not to discriminate against any applicant for employment, or any employee, because of race, color, religion, national origin, handicap age or sea. We will take affirmative action to insure that this policy is implemented, particularly with regard to employment, upgrading, demotion, .transfer, recruitment and recruitment advertising, layoff and termination, compensation, training and working conditions. We will continue to make it understood by the employment entities with whom we deal, and in our employment opportunity announcements that the foregoing is our policy, and that applicants and employees will continue to be compensated, trained, advanced, demoted, terminated, hired and transferred solely on the basis of their skill, devotion, loyalty, honesty, reliability and integrity. ., . All present employees are requested to encourage minorities, women, Veterans of the Vietnam Era and qualified handicapped persons to make application for employment with this company or to apply for training in an approved On -the Job Training or Apprenticeship Program. It is also the policy of the company to satisfy special accommodations for qualified handicapped individuals. "^ It is policy of this company to ensure and maintain a working environment freeof harassment, intimidation, and coercion at all sites, and in all facilities at which our employees are assigned to work. This policy will be rigidly adhered to at all times. Any violation of this policy should be reported immediately to your supervisor or the company EEO Officer. It is the policy of this company that all facilities and company activities are non -segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. Any complaint of alleged discrimination by this company, its supervisors or employees, or any persons or organization acting on behalf of the company, should r" immediately be called to the attention of the company EEO Officer. Company EEO Officer: James L. Freasier, Jr. Address: P.O. Box 98 - Floresville, Texas 78114 Work Telephone: 830-393-0083 1lome Telephone: 830-216-7171 President "nature and Title of Comp: Officer P.O. BOX 98 • FLORESVILLE, TEXAS -78114 • (830) 393-0083 • FAX (830) 393-4730 r. CHECK IS5_ST RATING -i -NSE TEXAS 13 Nom• PAYMENT BOND . t Bond #5614736 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNME":T CODE (CONTRACTS MORE THAN $25,00D) KNOW ALL MEN B'YTHESE PRESENTS, Mat F&W Electrical Contractors, Inc. (hereinafter called the Principal(s), as Principal(s), and Great American Insurance Company of New York (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter ca Obligee), in the amount of One hundred eleven thousand & No/ log lars $ Ill 000.00 called the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, uadminie tof atotrs, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 12th r April , 20 01 , to complete airfield signage and transformer vault day of Improvements at Lubbock International_ Airport. Bid ;'x'065-n1/T.R Contract #FAA A.I.P. Project No. 3-48-0138-22-00 and said Principal under the law is required before commencing the work provided for in said contras the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that If the said Principal -shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said 0" contract, then, this obligation shall be void; otherwise to remain in full force and effect, PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this .., 17th day of April Great American Insurance Company of New York Surety F&W Electrical Contractors, Inc. ., (Company Name) *By. _; y rAj Q__,:�dmmy R. IMoo5,d Attorney act N Rv, James L. FreaG;ar_ Tr 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. Sanford Insurance Agency Great American Insurance Compan, ., Attn: Diannah Tatum, CIC 6303 Indiana Surety of New York PO Box 64790 Lubbock, TX 79464-4790 .g (T e) T m oore Approved as to form: t rney—In—Fact City of Lubbock By: XtYAmey * Note: if signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must ha attorney for our ve copy of paver of files. am 2 ` S1185; (121A0) I GREAT AMERICAN INSURANCE COMPANY OF NEW YORK GREAT AMERICAN INSURANCE COMPANY OF NEW YORK® New York Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by 0" this power of attorney is not more than No. 0 17141 FOUR POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power CLEMENT R. KENNON III ALL OF ALL TOMMY R. MOORE SAN ANTONIO, TEXAS UNLIMITED HELEN G. ROCAMONTES SUSAN SHOEMAKE This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF, the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 25 day of January , 2001 Attest GREAT AMERICAN INSURANCE COMPANY OF NEW YORK S E A L .� �,... (: '4.4'smtant .Secretal ), DCVtSIOnitl.Senitlr 7 ice President " DOUGLAS R. BOWEN (513-369-3811) STATE OF OHIO, COUNTY OF HAMILTON -ss: On this 25 day of January, 2001 before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company of New York, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. sMAUREEN DOUGHEFi7Y +m , Stat® of Ofalo WC4mmlIalm Expires Aug. 12, 2001 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American insurance Company of New York by unanimous written consent dated July 27, 1995. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-ln-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority, and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company of New York, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of July 27, 1995 have not been revoked and are now in full force and effect. Signed and sealed this 17th dayof April , 2001 F4 SEAL 'z Assistant Seeretari, S1185 (12100) w PR s®, EiQ GNEGK GEST RATIXG CPCECNSFDN T EXAs BY PERFORMANCE BOND Bond #5614736 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) F&W Electrical Contractors, Inc., PO Box 98, Floresville, TX 78114 KNOW ALL MEN BY THESE PRESENTS, that ^ (hereinafter called the Prinnipal(s), as Principal(s), and Great American Insurance Com of New York tnereinarTer canes the tsurety(s), as suretv(s), are held and firmly boun into the Ci r of LLo4ibboc (hereinafter called the Obligee), In the amount of One hundred eleven thousand & no� 111, 600.0 bRars ($ lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators executors, successors and assigns, jointly and severally, firmly by these presents, WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated April12tt�ay of ,2007,tA complete leve airfield signage and transformer vault -" improvements at Lubbock International Airport. Bid #065-01/LR. Contract # FAA A.I.P. Project No 3-48-0138-22-00 and said principal under the law is required before commencing the work provided for in said contract to execute a bond In the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and Contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond Is executed pursuant to the provisions of Section 2263,021(a) of the Texas Government Code, and all liabilities on this bond shall be determined In accordance with the provisions of said article to the same extent as If it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 17th day of April -,20 01 Great American Insurance Co any of New York F&W Electrical Contractors, Inc. Surety l (Company Name , By. '(TIEI®) To yMoor ttor -I act " l gy; James L. Freasier, Jr. (Pri t Nam R lg ature) resident (Title) r.► 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 s whom service of process may be had in matters arising out of such suretyship, *Sanford Insurance Agency Great American Insurance Company Attn: Diannah Tatum, CIC SUrety 6303 Indiana PO Box 64790 �.� Lubbock, TX 79464-4790 Approved as to Form Tommy . Moore Attor ey-In-Fact City of Lubbock BY City Attorney Note: If signed by an officer of the Surety Company, there must be on tie a certified extract from fi by-laws showin " that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have'py of power of g attorney for our files. 2 S1185 (12/00) GREAT AMERICAN INSURANCE COMPANY OF NEW YORK GREAT AMERICAN INSURANCE COMPANY OF NEW YORK® New York Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 •513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 17141 FQUR POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power CLEMENT R. KENNON III ALL OF ALL TOMMY R. MOORE SAN ANTONIO, TEXAS UNLIMITED HEIEN G. ROCAMONTES SUSAN SHOEMAKE This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF, the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 25 day of January , 2001 Attest GREAT AMERICAN INSURANCE COMPANY OF NEW YORK '� aoavaaa f ¢_ SEAL. Assistant Secretarl Div`isional Senior 21ce President DOUGLAS R. BOWEN (513-369-3811) STATE OF OHIO, COUNTY OF HAMILTON -ss: .e On this 25 day of January, 2001 before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company of New York, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. MAUREEN DOUGHERTY e ` o e of ONO MY E�� Aug.12.2001 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company of New York by unanimous written consent dated July 27, 1995. RESOLVED: That the Division President, the several Division Vice Presidents andAssistant Vice Presidents, orany one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, • to prescribe their respective duties and the respective limits of their authority; and to revoke anysuch appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company of New York, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of July 27, 1995 have not been revoked and are now in full force and effect. Signed and sealed this 17th day of April , 2001 SIAL == Assistant Secretar{• -. 51185 (12100) ...�.....-. ... CERTIFICATE OF INSURANCE 04-26-0j. 13:23 FROM -TOM MOORE & ASSOC, 210-349-7047 T-491 P.01/02 F-986 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF iNFORMA4/2&O1 TION Torr Mama & AnsoGkma, mD' ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE S00 NW Lapp .+X 11208 South ALLTER THE COVEERRAAGECAFFFFO DED DOES BY TH EPCUCIES BELOW. San Altanld: TX 78216 210-340.1M INSURERS AFFORDING COVERAGE INsupeo INSURER A ADMIRAL INSURANCE COMPANY FAW ELECTRICAL CONTRACTORS INC INsuRER B• OLD AMERICAN COUNTY MUTUAL INsuRER c UNITED NATIONAL INS COMPANY P.O. BOX 9S ERAGES INSURER D: TEXAS W/C INSURANCE FUND COV FLORES ES TX 78114 INBuRER s. FIREMEN'S FUND INSURANCE CO THE POLICIES OF ANY REQUIREMEP MAY PERTAIN. TH POLICIES. AGQAE ,use V HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLII 3FANY Y THE POLICIES DESCRIBECT OR D HEREIN IS SUBJECWITH T Tb ALL T E TERMS, HAVE BEEN REDUCED BY PAID CUIIMS. GENERAL LIA131UTY A X COMMERCIAL. GENERAL uABILay 899ACiang CLAIMS MADE a OCCUR X am aw PlDl— GEN'L AGGREGATE LIMITAPPLIES PER: PD! CY• X P = LCC AUTOMOBILE LIABILITY X ANY AUTO 035111 lO 1686 AA,L OWNED AUTOS SOHEDUCED AUTOS X HIRED AUTOS ' X NON -OWNED AUTOS X CLfr•Tnaf►LIGH T CLARENDON NATIONAL GARAGE LIABILITY ANY AUTO "C EXCESS LIABILITY E X OCCUR CLAIMS MADE DEDUCTIBLE X RETENTION $ JOAX p WORKERS COMPENSATION AND EMPLOYERS' UABIUTY DESCRIPTION OF OPERATIONSA.00ATIONSNENCLESIEXCLUMONS APPOD W BID #06"I&R-AIRFIELD SIGNAGE 3 TRANSFORMER VAL IMPROVEMENTS AT LUBBOCK INTERNATIONAL AIRPI CITY OF LUBBOCK 1S NAMED AS ADDMONAL INSURED SUBROGATION AS RROUIRED BY WRITTEN CONTRACT :ERTIFICATE HOLDER X ADDITIONAL INSURED; INSURER LE1 !ITY OF LVBBOCR -° O BOX 2000 , MBOCK T,X 794S7 ►CORD 2" (7197) 12131/00 1 12/31/01 1?J31/OD 12/31/01 1213110DI 12/31/01 12/31/oo 12/91/01 12/31/00 I 12/31/01 I I i 46ORSENEITIMPECIAL PROVISIONS r ID PROVIDED A WAIVER "l PERIOD INDICATED, NOTWITHSTANDING lilS CERTIFICATE MAY BE ISSUED OR W(CLU`SIONS ADVO CONDITIONS OF SUCH LIMITS m RAE DA MME (Any one ro 611 V INJURY1 000 -PB O 0= COMBINED immno51NGLE LIMB s 1� BODILY fKNRY S tPerpersonl BODIINJuRY S (p ?w'LY1v,aeml PROPERT. Y DAMAGE 5 PR 8edI CCIDcKr A OTHER THAN FAACC AUTOONLY: ACG PACK C mo s EXCESS AUTO g 00000 s X I ASAT O S00 E.L DISEASE - POLICY LIMIT CANC TION SHOULD ANY OFTrIF ABOVE DESCRIBED POUMES 9E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ 0 DAYS WRITTEN NOTICE TO THF CERTIFICATE HOLDER NAMED TO THE Le", BUT FAILURE TO DO SO SHALL. IMPOSE NO OBLIGATION OR LIMILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED RE rnE A� CORPORATION 1988 •a 04-26-01 13:23 FROM -TOM MOORE ASSOC, 210-349-7047 T-491 P.02/02 F-986 IMPORTANT If.the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter tho coverage afforded by the policies listed thereon. I. r°^* %CORD 25-S (7197} G 0 III 0 G I - THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH /.I -- I I .- PLJ 11\ . \IAV -Al- - . f]Lf11-1- - fl- - .- INSR LTR TYPE OF INSURANCE Y POLICY NUMBER POLICY EFFECTIVE GATE (MMIDD 'ACORD. CERTIFICATE OF LIABILITY INSURANCE DATEE((MMMIDDD PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Tom Moore & Associates, Inc. FIRE DAMAGE (Any one fire 50,00D ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE X COMMERCIAL GENERAL LIABILITY 800 NW Loop 410, #208 South 12/31/00 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MED EXP oneperson) San Antonio, TX�78216 CLAIMS MADE a OCCUR 210-340-8261 PERSONAL & ADV INJURY 11000,000 INSURERS AFFORDING COVERAGE X agq per prom. SURER INSURER A ADMIRAL INSURANCE COMPANY F&W ELECTRICAL CONTRACTORS INC INSURER B: OLD AMERICAN COUNTY MUTUAL GENL AGGREGATE LIMIT APPLIES PER: INSURER C: UNITED NATIONAL INS COMPANY P.O. BOX 98 INSURER D: TEXAS W/C INSURANCE FUND FLORESVILLE TX 78114 INSURER E: FIREMEN'S FUND INSURANCE CO G 0 III 0 G I - THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH /.I -- I I .- PLJ 11\ . \IAV -Al- - . f]Lf11-1- - fl- - .- INSR LTR TYPE OF INSURANCE Y POLICY NUMBER POLICY EFFECTIVE GATE (MMIDD POLICY EXPIRATION DATE MMIOD LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 FIRE DAMAGE (Any one fire 50,00D A X COMMERCIAL GENERAL LIABILITY B99AGO5772 12/31/00 12/31/01 MED EXP oneperson) CLAIMS MADE a OCCUR PERSONAL & ADV INJURY 11000,000 Ila X agq per prom. GENERAL AGGREGATE 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG OQO 000 POLICY X jECT F7 PRQ LOC B AUTOMOBILE X LIABILITY ANY AUTO DSSBOOD0536 12/31/00 12/31/01 (a accidD SINGLE LIMB Ea accident) $ 1,000,02$ BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY S (Per accident) X HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE $ (Per accident) X CUT -THROUGH ENDT LAR ND N NATIONAL GARAGE LIABILITY AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC ANY AUTO AUTO ONLY: AGG C E EXCESS LIABILITY X OCCUR CLAIMS MADE CU50879 XEK000844335M 12/31/00 12/31/00 12/31/01 12131/01 EACH OCCURRENCE 5 000 000 AGGREGATE 5,0D0,000 ,a EXCESS AUTO 5,0D0,000 DEDUCTIBLE $ X RETENTION T 10,000 , D 'e tY0 ?Y.�SS C�!'.^E!::'T'I /N AND EMPLOYERS' LIABILITY TXF0406671 12131/00 12/ 31101 WC STATU- DTH- X TQRY LIMI ER E.L. EACH ACCIDENT 500,000 E.L. DISEASE - EA EMPLOYEE 500,000 E.L. DISEASE - POLICY LIMIT $ 500 000 e OTHER I DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: ITB#065-Ot/LR AIRFIELD SIGNAGE & TRANSFORMER VAULT IMPROVEMENTS AT LUBBOCK INTERNATIONAL AIRPORT, LUBBOCK, TEXAS BIDDERS CERTIFICATE OF INSURANCE CERTIFICATE HOLDER 1 X 1 ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION CITY OF LUBBOCK ;VICTOR KILMAN, PURCHASING MANAGER 1625 13TH STREET, ROOM L-04 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL . 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESEN E ow- ACORD 25-S (7197) Cl ©ACO D CORPORATION 1988 IMPORTANT DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. F— ACORD 25-S (7/97) If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require.an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. F— ACORD 25-S (7/97) oftr CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK P.O. BOX 2000 DATE; 4/13/01 LUBBOCK, TX 79457 FAA AIP Proj . #3L-4-8---0-1-3-9--22-00 F&W ELECTRICAL CONTRACTORS, I1VC. TYPE OF PROJECT, THIS IS TO CERTIFY THAT P.O. BOX 98, FLORESVILLE, TX. 78114 AIRPORT CONSTRTION the date of this certificate, insured by thisCompany with respect to the business operations hereinafter e and sdescribed insured) the t typed of insurance and in accordance with the provisions of the standard policies used by this company, the ful-tijer hereinafter described. Exceptions to standard policy noted hereon. PE tbt-Nt1-?A1 LIABILITY Commercial General Liabithy Claims Made =. Occurrence Owner's & Contractors Prole, II S Any Auto is All Owned Autos Scheduled Autos Hired Autos Non -Owned Autos GARAGE LIABILITY i Any Auto } n BUILDER'S RISK R 100% of the Total Contract P n INSTALLATION FLOATER Li Umbrella Form M Other Than Umbrella Form M WORKERS COMPENSATION D EMPLOYERS' LIABILITY The Proprietor/ D Included TXF0406671 Partners/Executive r Excluded Officers are; DATE DATE 12/31/00 112/31/01 General Aggrogate $ Products-Comp/op A_GG S Personal & Adv. Injury $ Each Occurrence $ Fire Damage (Any one Fire) Med Exp (Any one Person) Combined Single Limit Bodily Injury (Per Parson) $ Bodily Injury (Pergccident) Property Damage $ Auto Only. Each Acoident S Other than Auto Only: Each Accident S Aggregate $ S Each Occurrence g Aggregate $— XSiatutory Limits Each Accident $ 500, 000 Disease Policy Limit S 00 Dl!;Me-Each Employe,, $-5Q0 2 uuu � The above policies either in the body thereof or by appropriate endorsement provide tha; the may not �g c canceled by the insurer in less than the legal time required after the insured cancellation, or in case there is no legal requirement, in less than five days in advance of y'noticancellation. t hanged or has received written noti e o such change or FIVE COPIES OF THE CERTIFICATE OF INSURANCE TEXAS W/C INSURANCE FUND MUST BE SENT TO THE CITY OF LUBBOCK ame o usurer By. Tifle: +pl, I CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK P.O, BOX 2000 DATE, 4/13/01 LUBBOCK, TX 79457 FAA AIP Proj . X13-48-01 -22-00 F&W ELECTRICAL CONTRACTORS, INC. TYPE OF PROJEr'T: THIS IS TO CERTIFYTHAT P.O. BOX 98, FLORESVILLE, TX. 78114 AIRPORT CONSTRkTION the date of this certificate, insured by this Company (Name and Address of Insured) is, at Pecttyped of insurance and in accordance with the provisionsofhe standard the tPolicies p erdtbyth secompan described, for the hereinafter described. Exceptions to standard policy noted hereon, company, the fulti,er PE OF riFNERAL LIABILITY Commercial General Liability Claims Made Occurrence Owner's & Contractors Protectiv II S 5 N u r UMU T!V E LIA6/LJr Any Auto All Owned Autos Scheduled Autos Hired Autos _ Non -Owned Autos Any Auto n BUILDER'S R SK n 100% of the Total Contract Price n INSTALLATION FL ()A TER U X Umbrella Form Ll X 01herThan Umbbo� Ila Form EXCESS AUT iNORKEf25 COMPENSATION D ., EMPLOYERS' L/ABILlTy The Proprietor/ D Included Partners/Executive n Excluded Officers are: _rk DATE 1 DATE CU50879 12/31/00 XEK0008443580112/31/00 112/31/01 General Aggregate $ Product$, Comp/Op A65�$ . — Personal & Adv. Injury $ Each Occurrence $ Fire Damage (Any orte Firej Med Exp (Any one Person) Combined Single Limit $ Bodily Injury (Per Person) S Bodily Injury (Per Accident) Property Damage $ Auto only. Each Accident $ Other than Auto Only. Each Accident $ Aggregate $ Each Occurrence $ 5, 000, 000 Aggregate $_ , tot 000. Sletulory Limits Each Accident $ Disease Policy Limit S Dlsease-Each Employeo $ �v Nwicres ether in the body thereof orb appropriate s canceled by the insurer in fess than the legal time required after the insured yquiredftendorsement provide the; the may not changed or cancellation, or in case there is no legal requirement, in less than five days in advance of canycel) i� n has received writtennoticeo such g hangs or FIVE COPIES OF THE CERTIFICATE OF INSURANCE UNITED NAT AL INS. COMPANY MUST BE SENT TO THE CITY OF LUBBOCK ENS FUND INSURANCE COMPANY ams o usurer By. Title: TO: CITY OF LUBBOCK CERTIFICATE OF INSURANCE 1 P.O. BOX 2000 DATE: 4/13/01 LUBBOCK, TX 79457 FAA AIP Proj . #3-48-OTn=22-00 F&W ELECTRICAL CONTRACTORS, INC. TYPE OF PROJEr-T: THIS IS TO CERTIFY THAT P.O. BOX 98, FLORESVILLE, TX. 78114 AIRPORT CONSTRkTION the cute of this certificate, insured by this Companpect ----- (Name and Address of Insured) is, at typed of insurance and in accordance with the, Provisionsofthe standard poi c es the business operations ns hereinafter described, for the hereinatter described. Exceptions to standard policy noted hereon. y this company, the further Commercial General Liability Claims Made Occurrence Owner's & Contractors Prole, II S AUTOM077VE LIABILITY X Any Auto i= All Owned Autos t- Scheduled Autos Hired Autos _ X Non -Owned Autos tI Any Auto n BUILDER'S R K r? 900% or the Total Contract PrlcE n INSTALLATION FLOATER Umbrella Form n Other Than Umbrella Form EMPLOYERS'LIABIU7Y11 v/V rrvu The Proprietor/ o Included Partners/Fxecutive F Excluded Officers are; DATE I DATE DSSB0000536 12/31/00 1 12/31/01 General Aggregate Products-Comp/op~-- Personal & Adv. Injury $ Each Occurrence S Fire Damage (Any one Fire) Med Exp (Any one Person) Combined Single LImit $11 000, 025— Bodily injury (Per Person) $ eodliy Injury (Per Accident) Property Damage $, Auto Only - Each Accident S Other than Auto Only. Each Accident S Aggregate Each Occurrence g Aggregate $_ Statutory Limits Each Accident Disease Policy Limit Disease -Each Employee The above policies either in the body thereof or by appropriate endorsement provide tha; the may no canceled by the insurer In less than the legal time required after the insured cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation, i has received written notice �ot changedcange or FIVE COPIES OF THE CERTIFICATE OF INSURANCE at on. MUST SE SENT TO THE CITY OF LUBBOCK OLD AMERICAN COUNTY MUTUAL ame o nsurer By:_ Title: a., i CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK P-0, BOX 2000 DATE, 4/13/01 LUBBOCK, TX 79457 FAA AIP 22-00 F&W ELECTRICAL CONTRACTORS, INC. TYPE OF PROJEr-T: THIS IS TO CERTIFYTHAT P.O. BOX 98, FLORESVILLE, TX. 78114 AIRPORT CONSTRKTION the date of this certificate, insured by this Com an (Name and Address of Insured) is, at tthe typed of insurance and in accordance with the Prov sionsr If he standard upolic es usinesspserdtby,this ec ma any, described, for the hereinafter described. Exceptions to standard policy noted hereon. p Y, the further > > I -c yr in,uKANGE POLICY NUMBER GFNERAL LIABILITY X Commercial General Liability Claims Made = X Occurrence B99AG05772 Owner's & Contractors Protectiv II $ AUTOMOTIVE LIABILITY Any Auto = All Owned Autos t Scheduled Autos Hired Autos Non -Owned Autos GARAGE LIABILITY n Any Auto M BUILDER'S R SK n 100% of the Total Contract Prl n INSTALLATIONFLOATER EXCESS LIADILI J ? Umbrella Form oiherThen Umbrella Form WORKEkS COMPENSATION AND EMPLOYERS' LIABIL17l' The Proprietor/ o Included Partners/Executive n Excluded Officers are; OTHER - EFF CTIVE EFFECTIVE DATE DATE LIMITS General Aggregate $2 000, 000 12/31/00 12/31/01 Producly-Comp/OpgGGg `— Q00 Personal & Adv. Injury S 0 0 Each Occurrence $1, 0 , Fire CIamage (Any one Fi 50 000 Med Exp (Any one Porson) Combined Single Limit $ Bodily Injury (Per Person) $ Bodlly Injury (PergccidenI)___ --- Proparty Damage s Auto Only - Each Acoident s Other than Auto Only. ------ Each Accident $ Aggregate �-----_ Each Occurrence $ Aggregate $'— — ---_ Statutory Limits Each Accident S Disease Policy Limit--- Disease-Each Employeo $—`— The above policies either in the body thereof or by appropriate endorsement provide tha,' they may not �* canceled by the insurer in less than the legal time required after the insured has received written notice of suchchangs or changed or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE '� MUST BE SENT TO THE CITY DF LUBBOCK ADMIRAL INSURANCE COMPANY ams o usurer By. Title: CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 -point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: 2 r 1W REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services.0 3 CONTRACT CONTRACT ,•-. STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 12th day of April, 2001 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and F&W Electrical Contractors, Inc. of the City of Floresville, County of Wilson and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to� be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (it any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #065-0111-R - AIRFIELD SIGNAGE & TRANSFORMER VAULT IMPROVEMENTS AT LUBBOCK INTERNATIONAL AIRPORT — $111,000.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Conditions of the Agreement. ., The CONTRACTOR hereby agrees to commence work within five (5) days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. •-� IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: Secretary APPROVED AS TO CONTENT: O yr er's Representative APPROVED AS TO FORM: City Attorney ATTEST: Corporate Secretary )WlWE avo CONTRACTOR: F&W Electrical Contractors. By: AW40 -:� - '1' PRINTE NAME: James L. Freasier, Jr. TITLE: President COMPLETE ADDRESS: F&W Electrical Contractors, Inc. P.O. Box 98 Floresville, Texas 78114 No Text No Text otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality and free from material defects. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. -' All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its, intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT _ Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's_ Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the, responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished ten (10) copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. Additional sets of plans and specifications may be purchased by Contractor at Contractor's expense for the price of $60.00 per set. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be respr•-isible for the Contractor's failure to perform the work in accordance with the Contract Documents _ 13. LINES AND GRADES All lines and grades shall be furnished by the Contractor whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Contractor to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Contractor at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work_ and the construction thereof, and shall, in all cases, decide every. question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be _ 2 No Text 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 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 Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where itis 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 erein. 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._ _ ,4 No Text Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra ,work _or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate_ account of the actual field cost thereof, as provided under Method -(C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract.documents that all work described in -the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owner's Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than ten (10) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO` MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at anytime, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT_ TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in -the -State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable - precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the"Manual of Accident Prevention in Construction" a, except where incompatible with federal, state or municipal laws or�regulations. dThe aContra tor, its�sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, 6 _ No Text For bodily injuries, including accidental death and or property damage, $1,000,000.00 Combined Single ,Limit in the aggregate and $1,000,000.00 per occurrence. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance. The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $10,000,000.00 Combined Single Limit, to include all owned and non - owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City of Lubbock is to be named as additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance,, D. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of potential loss) naming the City of Lubbock 'as "insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of L0 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Lia' i itr coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least statutory/$500,000.00: 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 11406 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,th,e_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. No Text (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 the ' se provisions is a breach of contract by ;*rS Contractor which entitles the governmental entity to declare the contract void if the Contra° .; r does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. - G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner,, for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence. of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the. insured. (2) The location of the operations to which the insurance applies (3) The name of the policy and type or types of insurance in force thereunder on_ the date borne, by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be, given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be"orithe 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 J (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 pr t; (c) provide the governmental entity, prior to the end of th,w woverage period. a new certificate of coverage showing extension of coverage, if the coverage period shd v.°n on the Contractor's current certificate of coverage ends during the duration of ,t:e project; (d) obtain from each person providing services on a project, and provide to the governmental entity: 10 x �` ...t�", administrative penalties, criminal penalties, civil penalties, or other civil actions.' (iv) pro v idet , he 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 tothe 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 all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove_designated have been paid, discharged or waived. _ If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain - unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or, may apply the sum so withheld to discharge any such indebtedness. 31. PROTECTION AGAINST ROYALTIES OR PATE14T1NVENTION 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 12 No Text 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 ORDEROF_COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as - shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractorwill start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and express?y agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made. allowances for all hindrances_ and delays incident to such Work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done_ and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work; In the event the amount of work to be done and materials tobefurnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and 14 No Text Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the wor!�4, has been substantially completed, the Owner's Representative and/or the Owner shall inspect the wc.- -, and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract: 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve _the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and --. Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall „al- bear the expense of restoring all work of other contractors damaged by any such removal or replacement. is '' ;ontractor does not remove and replace any such condemned work within areasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense: Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedyany defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. _ PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments' promptly to subcontractors or for materials o.abor. (d)' Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPOTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the "notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, 16 48. f delivei furthei contract'ontract pr_pJhould; (1) abandon and failor refuse to resume work within fifteen, (15) calendar days after ..� ration from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the a -s of the Owner's`Representative, when such orders are consistent with this contract, then the Surety shalt be notified 9 venting and directed to complete the work and a copy of said notice shall be the Contractor, In the event a bond is not,required by law, or otherwise obtained by the Contractor, no 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 Contracto(, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connectionwth 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 m manners:. _ a , (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as, said Owner,may deem necessary to complete the work and charge the expense of such labor, machinery, equipment,'tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the r 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 _ m m:. ; � . T "F'Contractor then the Contractor`and/or itsSurety shall paythe amount of such excess to the,Owner, or 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 joksite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners The remedies provided to Owner bylaw, 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, bylaw, equity, contractor otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY -.. The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the — project which is the subject matter of this contract 50 BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms acceptable to the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas It further agreed that this contract shall not be in effect until such bonds are so furnished: 51. SP-ECIAL PROVISIONS In the event special provisions are contained herein as part of the contract documents'and said special provisions conflict with any of the general conditions contained in this contract, then in such event the special provisions shall control. 'In the event there is a discrepancy between the specifications and the general conditions, the specifications shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which maybe 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 shalt 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 18 ` 0 compensation, and L -1iability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the .Owner's .Representative. if Contractor believes that, the, utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts 6nd/or asbestos, Contractorshall notify -the Owner's 'Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's - Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor.is.1not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner"s'Representative shall consent to the, request of Contractor, Contractor shall be responsible for ensuring1 - 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 o gear, necessary t provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum I - " pro ducts or byproducts and/or asbestos. rw 19 No Text HEAVY (excluding tunnels & dims)'and HIGHWAY PROJECTS (does not include building structures in rest area protects) 0 Publication Date _.... . 02/11/2000 COUNTY (i e s) _ ECTOR POTTER TOM GREEN LUB13OCK RANDALL MIDLAND TAYLOR SUTX2037A 03/26/1998 Rates Fringes ASPHALT HEATER, OPERATOR .,,. 7'27 - 27ASPHALTRAKER ASPHALT RAKER 7 27 CARPENTER CONCRETE FINISHER -PAVING 9.50 CONCRETE FINISHER STRUCTURES ELECTRICIAN 13.72 FLAGGER6 5 6 FORM 'BUILD ER -STRUCTURES - 9.00 FORM SETTER - PAVING & CURB 8.30 FORM SETTER -STRUCTURES 8.83 LABORER -COMMON 6.79 LABORER UTILITY 8.46 MECHANIC 10.28 SERVICER 7.82 PIPE LAYER 8.70 ASPHALT DISTRIBUTOR OPERATOR 8.54 ASPHALT PAVING MACHINE 9.50 BROOM OR SWEEPER OPERATOR 7.172. BULLDOZER 8.74 SLIPFORM MACHINE OPERATOR 9.00 CRANE, CLAMSHELL, BACKHOE DERRICK, DRAGLINE, SHOVEL 9.67 FRONT END LOADER 8.09 MOTOR GRADER OPERATOR FINE GRADE 1.1. 5 MOTOR GRADER _ 10.47 PLANER OPERATOR 16.46 ROLLER, STEEL WHEEL PLANT MIX PAVEMENTS 7.32 ROLLER, STEEL WHEEL OTHER, FLATWHEEL OR TAMPING6.79 ROLLER, PNEUMATIC SELF-PROPELLED 6.79 SCRAPER 7.55 TRACTOR -CRAWLER TYPE 9.16 - TRACTOR - PNEUMATIC TRAVELING MIXER 8.46 REINFORCING STEEL SETTER TX000028 - 2 02/11/2000 No Text No Text e-� GENERAL PROVISIONS a* GENERAL PROVISIONS (FAA AC 150/5370-10A, STANDARDS FOR SPECIFYING CONSTRUCTION OF AIRPORTS) Section 10 Definition of Terms Paragraph Page 10-01 AASHTO 1 10-02 Access Road 1 10-03 Advertisement 1 10-04 AIP 1 10-05 Air Operations Area 1 10-06 Airport 1 10-07 ASTM 1 10-08 Award 1 ., 10-09 Bidder 1 10-10 Building Area 1 - 10-11 Calendar Day 1 10-12 Change Order 2 10-13 Contract 2 10-14 Contract Item (Pay Item) 2 10-15 Contract Time 2 10-16 Contractor 2 10-17 Drainage System 2 10-18 Engineer 2 10-19 Equipment 2 10-20 Extra Work 2 - 10-21 FAA 2 10-22 Federal Specifications 3 10-23 Inspector 3 10-24 Intention of Terms 3 10-25 Laboratory 3 ..., 10-26 Lighting 3 10-27 Major and Minor Contract Items 3 10-28 Materials 3 10-29 Notice to Proceed 3 10-30 Owner (Sponsor) 4 10-31 Pavement 4 10-32 Payment Bond 4 10-33 Performance Bond 4 10-34 Plans 4 10-35 Project 4 10-36 Proposal 4 10-37 Proposal Guaranty 4 10-38 Runway 4 10-39 Specifications 4 10-40 Structures 4 10-41 Subgrade 5 10-42 Superintendent 5 10-43 Supplemental Agreement 5 10-44 Surety 5 10-45 Taxiway 5 10-46 Work 5 10-47 Working Day 5 Section 30 Award and Execution of Contract 30-01 Consideration of Proposals 11 30-02 Award of Contract 11 30-03 Cancellation of Award 11 30-04 Section 20 11 30-05 Requirements of Contract Bonds Proposal Requirements and Conditions 30-06 Execution of Contract Paragraph Paye Approval of Contract 20-01 Advertisement (Notice to Bidders) - Deleted 6 12 20-02 Prequalification of Bidders 6 20-03 Contents of Proposal Forms 6 Authority of -the-Engineer 20-04 Issuance of Proposal Forms 7 18 20-05 Interpretation of Estimated Proposal Quantities 7 50-04 20-06 Examination of Plans, Specifications and Site 7 - 20-07 Preparation of Proposal 8 20 20-08 Irregular Proposals 8 50-08 20-09 Bid Guarantee 9 Inspection of the Work 20-10 Delivery of Proposal 9 20-11 Withdrawal or Revision of Proposals 9 r� 20-12 Public Opening of Proposals 9 20-13 Disqualification of Bidders 9 Section 30 Award and Execution of Contract 30-01 Consideration of Proposals 11 30-02 Award of Contract 11 30-03 Cancellation of Award 11 30-04 Return of Proposal Guaranty 11 30-05 Requirements of Contract Bonds 12 30-06 Execution of Contract 12 30-07 Approval of Contract 12 30-08 Failure to Execute Contract 12 Section 40 ScoDe of Work 40-01 Intent of Contract 13 40-02 Alteration of Work and Quantities 13 40-03 Omitted Terms 13 40-04 Extra Work 14 40-05 Maintenance of Traffic 14 40-06 Removal of Existing Structures 15 ^" 40-07 Rights in and Use of Materials Found in the Work 16 40-09 Final Cleaning Up 16 Section 50 Control of Work 50-01 Authority of -the-Engineer 18 50-02 Conformity with Plans and Specifications 18 50-03 Coordination of Contract, Plans and Specifications 19 50-04 Cooperation of Contractor 19 50-05 Cooperation Between Contractors 20 50-06 Construction Layout and Stakes 20 50-07 Automatically Controlled Equipment 20 50-08 Authority and Duties of Inspectors 20 50-09 Inspection of the Work 21 ii r, Cont. Section 50 Control of Work Paragraph Page 50-10 Removal of Unacceptable and Unauthorized Work 21 50-11 Load Restrictions 22 50-12 Maintenance During Construction 22 50-13 Failure to Maintain the Work 23 50-14 Partial Acceptance 23 50-15 Final Acceptance 23 50-16 Claims for Adjustment and Disputes 23 "^ Section 60 Control of Materials 60-01 Source of Supply and Quality Requirements 25 60-02 Samples, Tests and Cited Specifications 25 60-03 Certification of Compliance 26 60-04 Plant Inspection 26 60-05 Engineer's Field Office and Laboratory 27 60-06 Storage of Materials 27 60-07 Unacceptable Materials 28 60-08 Owner Furnished Materials 28 Section 70 Legal Regulations and Responsibility to Public 70-01 Laws to be Observed 29 70-02 Permits, Licenses and Taxes 29 70-03 Patented Devices, Materials and Processes 29 _. 70-04 Restoration of Surfaces Disturbed by Others 29 70-05 Federal Aid Participation 30 �^* 70-06 Sanitary, Health and Safety Provisions 30 70-07 Public Convenience and Safety 30 70-08 Barricades, Warning Signs and Hazard Markings 31 70-09 Use of Explosives 32 70-10 Protection and Restoration of _Property and Landscape 32 - 70-11 Responsibility for Damage Claims 33 70-12 Third Party Beneficiary Clause 33 70-13 Opening Section of the Work to Traffic_ 33 70-14 Contractor's Responsibility for Work 34 70-15 Contractor's Responsibility for Utility Service m*+ and Facilities of Others 34 70-16 Furnishing Rights -of -Way 36 70-17 Personal Liability of Public Officials 36 70-18 No Waiver of -Legal Rights 36 70-19 Environmental Protection 36 70-20 Archaeological and Historical Findings 36 Section 80 Prosecution and Progress 80-01 Subletting of Contract 38 80-02 Notice to Proceed 38 r Cont. Section 80 Prosecution and Pro r� ess Paragraph 80-03 Prosecution and Progress 80-04 Limitation of Operations 80-05 Character of Workers, Methods and Equipment 80-06 Temporary Suspension of the Work 80-07 Determination and Extension of Contract Time 80-08 Failure to 'Complete on Time 80-09 Default and Termination of Contract 80-10 Termination for National Emergencies Section 90 Measurement and Payment 90-01 Measurement of Quantities 90-02 Scope of Payment 90-03 Compensation for Altered Quantities 90-04 Payment for Omitted Items 90-05 Payment for Extra and Force Account Work 90-06 Partial Payments 90-07 Payment for Materials on Hand 90-08 Payment of Withheld Funds 90-09 Acceptance and Final Payment Pane 38 39 39 40 41 43 43 44 46 49 49 49 50 51 52 53 53 P" GENERAL PROVISIONS 1. SECTION 10 DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the contract, in any documents or other instruments pertaining to construction where these_ specifications govern, the intent and meaning shall be interpreted as follows: 10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO. 10-02 ACCESS ROAD. The right-of-way, the roadway and 'all improvements constructed thereon connecting the airport to a public highway. 10-03 ADVERTISEMENT. A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 AIP. The Airport Improvement Program, a grant-in-aid program, administered by the Federal Aviation Administration. 10-05 AIR OPERATIONS AREA. For the purpose of these specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved -areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10-06 AIRPORT., Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any. 10-07 ASTM. The American Society for Testing and Materials. 10-08 AWARD. The acceptance, by the owner, of the successful, bidder's proposal. 10-09 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. 10-10 BUILDING AREA An area on,the _airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights-of-way together with all airport buildings and facilities located thereon. 10-11 CALENDAR DAY. Every day shown on the calendar. Revision Date: 11/01/90 1 10-12 CHANGE ORDER. A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the scope of the contract. 10-13 CONTRACT. The written agreement covering the work to be performed. The awarded contract shall include, but is not limited to: The Advertisement; The Contract Form; The Proposal;. The Performance Bond; The Payment Bond; any required insurance certificates; The Specifications; The Plans, and any addenda issued to bidders. 10-14 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the contract. 10-15 CONTRACT TIME. The number of calendar days or working days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date. 10-16 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work. 10-17 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area. 10-18 ENGINEER._ The individual, partnership, firm, or corporation duly authorized by the owner (sponsor) to be responsible for engineering supervision of the contract work and acting directly or through an authorized representative. 10-19 EQUIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-20 EXTRA WORK. An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Engineer to be necessary to complete the work within the intended _scope of the contract as previously modified. 10-21 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, Revision Date: 11/01/90 2 FAA shall mean the Administrator or his/her duly authorized representative. 10-22 FEDERAL SPECIFICATIONS. The Federal_,Specifications and Standards, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. 10-23 INSPECTOR. An authorzed •representative of the Engineer assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. 10-24 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the words ``directed,'' "required,'' "permitted," "ordered," "designated," "prescribed," or words of the like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; and similarly, the words "approved,'' "acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the owner. Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference. 10-25 LABORATORY. The official testing laboratories of the owner or such other laboratories as may be designated by the Engineer. 10-26 LIGHTING. A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface. 10-27 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20 percent of the total amount of the award contract. All other items shall be considered minor contract items. 10-28 MATERIALS. Any substance specified for use in the construction of the contract work. 10-29 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual contract work on a previously agreed to date. Revision Date: 11/01/90 3 If applicable, the Notice to Proceed shall state the date on which the contract time begins. 10-30 OWNER (SPONSOR). The term owner shall mean the party of the first part or the contracting agency signatory to the contract. For AIP contracts, the term sponsor shall have the same meaning as the term owner. 10-31 PAVEMENT. The combined surface course, base course, and subbase course, if any, considered as a single unit.. 10-32 PAYMENT BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that he will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-33 PERFORMANCE BOND._ The approved form of security furnished by the Contractor and his/her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract. 10-34 PLANS. The official drawings or exact reproductions which show the location, character, dimensions and details of the — airport and the work to be done, and, ,which_ are _to be considered as a part of the contract, supplementary to the specifications. 10-35 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport. 10-36 PROPOSAL. The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications. 10-37 PROPOSAL GUARANTY. The security furnished with a proposal to guarantee that the bidder will enter into a contract if — his/her proposal is accepted by the owner. 10-38 RUNWAY. The area on the airport prepared for the landing d and takeoff of aircraft. 10-39 SPECIFICATIONS. A part of the contract containing the written directions and requirements for completing the contract work. Standards for specifying materials or testing which are cited in the contract.specifications by reference shall have the same force and effect as if included in the contract physically. 10-40 STRUCTURES. Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; Revision Date: 11/01/90 4 r� e"+e flexible and rigid pavements; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 10-41 SUBGRADE. The soil which forms the pavement foundation. 10-42 SUPERINTENDENT. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the, Engineer, and who shall supervise and.direct the construction. 10-43 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and the owner covering: (1) work that would increase or decrease the total amount of the awarded contract, or any major contract item, by more than 25 percent, such increased or decreased work being within the scope of the originally awarded contract; or (2) work that is not within -the scope of the originally awarded contract. 10-44 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds which are furnished to the owner by the Contractor. 10-45 TAXIWAY. For the purpose of this document, the term taxiway means the portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport's runways or aircraft parking areas. 10-46 WORK. The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the contract, plans, and specifications. 10-47 WORKING DAY. A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least 6 hours toward completion of the contract. Unless work is suspended for causes beyond the Contractor's control, Saturdays, Sundays and holidays on which the Contractor's forces engage in regular work, requiring the presence of an inspector, will be considered as working days. END OF SECTION 10 "" Revision Date: 11/01/90 5 SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS 20-01 ADVERTISEMENT (Notice to Bidders). A copy of the advertisement is included elsewhere in this bid package. 20-02 PREQUALIFICATION OF BIDDERS. _ Each bidder shall furnish the owner satisfactory evidence of his/her competency to perform the proposed work. Such evidence_„of competency, unless otherwise _ specified, shall consist of statements covering the bidder's past experience on,_similar„work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder shall furnish the owner satisfactory evidence of his/her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the — ,...,. ti. bidder's financial resources andtlyliabilities as of the last calendar year or the Contractor's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his/her financial responsibility is approximately the same as stated or reported by the public accountant. If the—.bidder—'s financial responsibility has changed, the bidder shall qualify the public ac q � ��� accountant's � Y P statement or report to reflect his/her (bidder's) true financial condition at the time such qualified statement or report is submitted to the owner. Unless otherwise specified, a bidder may submit evidence that he is prequalified with the State Highway Division and is on the current "bidder's list'' of the state,_in which the proposed work is located. Such evidence of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports hereinbefore specified. Each bidder shall submit ” evidence of competency ” and "evidence of financial responsibility'' to the owner no later than 10 days prior to the specified date for opening bids. 20-03 CONTENTS OF PROPOSAL FORMS. The owner shall furnish bidders with proposal forms. All papers bound with or attached to the proposal forms are necessary parts and must not be detached. The plans specifications, and other documents designated in the proposal form shall be considered a part of the proposal whether attached or not. Revision Date: 11/01/90 6 20-04 ISSUANCE OF PROPOSAL FORMS. The owner reserves the right to refuse to issue a proposal form to a prospective bidder should such bidder be in default for any of the following reasons: a. Failure to comply with any prequalification regulations of the owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. b. Failure to pay, or satisfactorily settle, all bills due � for labor and materials on former contracts in force (with the owner) at the time the owner issues the proposal -to a prospective bidder. c. Contractor default under previous contracts with the owner. d. Unsatisfactory work on previous contracts with the owner. 20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of 11 proposals and the award of the contract. The owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices. 20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans specifications, and contract forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The "^ submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications. Boring logs and other records of subsurface investigations and .� tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the Revision Date: 11/01/90 6 bidder, was obtained and is intended for the owner's design and estimating purposes only. Such information has been made ava.,Uable for the convenience of all bidders. It is further un.erstood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his/her examination of the boring logs and other records of subsurface investigations and tests that are furnished by the owner. 20-07 PREPARATION OF PROPOSAL. The bidder shall submit his/her proposal on the forms_ furnished by the owner. All blank spaces in the proposal forms must be correctly filled in where indicated' for each and every item for which a quantity is given. The bidder shall state the price.(written in ink or typed) both in words and numerals for which he proposes to do each pay item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an individual, his/her name and post ^� office address must,be,shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state under the laws of which the — corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer Anyone signing a proposal as an agent shall file evidence of his/her authority to do so and that the signature is binding upon the firm or.corporation. 20-08 IRREGULAR PROPOSALS. „Proposals shall be considered " irregular for the following reasons: a. If the proposal is on a form other than that furnished by the owner, or if the owner's form is altered, or if any part of the proposal form is detached. b. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the proposal incomplete, indefinite, or otherwise ambiguous'. c. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. d. If the proposal contains unit prices that are obviously unbalanced. e. If the proposal is not accompanied by the proposal guaranty specifie=s, by the owner. Revision Date: 11/01/90 8 The owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20-09 BID GUARANTEE. Each separate proposal shall be �., accompanied by a certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such check, or collateral, shall be made payable to the owner. 20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport, and name and business address of the bidder on the outside. When sent by mail, preferably registered, the sealed proposal, marked as indicated above, should be enclosed in an additional envelope. No proposal will be considered unless received at the place specified in the advertisement before the time specified for opening all bids. Proposals received after the bid opening time shall be returned to the bidder unopened. 20-11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the bidder's request for withdrawal is received by the owner in writing or by telegram before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids. 20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read, publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be returned to the bidder unopened. 20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for any of the following reasons: a. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name. b. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the owner until any such participating bidder has been reinstated by the owner as a qualified bidder. c. If the bidder is considered to be in "default'' for any reason specified in the subsection titled ISSUANCE OF PROPOSAL FORMS of this section. ., Revision Date: 11/01/90 9 61 END OF SECTION 20 Revision Date: 11/01/90 10 SECTION 30 AWARD AND EXECUTION OF CONTRACT R 30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder's proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in words shall govern. Until the award of a contract is made, the owner reserves the right to reject a bidder's proposal for any of the following reasons: a. If the proposal is irregular as specified in the subsection titled IRREGULAR PROPOSALS of Section 20. b. If the bidder is disqualified for any of the reasons specified in the subsection titled DISQUALIFICATION OF BIDDERS of Section 20. In addition, until the award of a contract is made, the owner reserves the right to reject any.or all proposals, waive technicalities, if such waiver is in the best interest of the owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals;- or proceed with the work otherwise. All such actions shall promote the owner's best interests. 30-02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be made within 30 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. Award of the contract shall be made by the owner to the lowest, qualified bidder whose proposal conforms to the cited requirements of the owner. 30-03 CANCELLATION OF AWARD. The owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF Revision Date: 11/01/90 11 PROPOSALS of this section. Proposal guaranties of the two lowest bidders will be retained by the owner until such time as an award is made, at which time, the unsuccessful bidder's proposal guaranty will be returned. The successful bidder's proposal guaranty will be returned as soon as the owner receives the contracts bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section. 30-05 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the contract, the successful bidder shall furnish the owner a surety bond or bonds which have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work. The surety and the form of the bond or bonds shall be acceptable to the owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract. 30-06 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return such signed contract to the owner, along with the fully executed surety bond or bonds specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section, within 15 calendar days from the date mailed or otherwise delivered to the successful bidder. If the contract is mailed, special handling is recommended. 30-07 APPROVAL OF CONTRACT. _Upon receipt of the contract and contract band or bonds that have been executed by the successful bidder, the owner shall complete the execution of the contract in accordance with local laws or ordinances, and return the fully executed contract to the Contractor.Delivery of the fully executed contract to the Contractor shall constitute the owner's approval to be bound by the successful bldder's proposal and the terms of the contract. 30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15 calendar day period specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section shall be just cause for cancellation_ of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the owner. END OF SECTION 30 Revision Date: 11/01/90 12 r 61 SECTION 40 SCOPE OF WORK 40-01 INTENT OF CONTRACT. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 40-02 ALTERATION OF WORK AND QUANTITIES. The owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than 25 percent (total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations which do not exceed the 25 percent limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. These alterations which are for work within the general scope of the contract shall be covered by "Change orders'' issued by the Engineer. Change orders for altered work shall include extensions of contract time where, in the Engineer's opinion, such extensions are _ commensurate with the amount and difficulty of added work. Should the aggregate amount of altered work exceed the 25 percent limitation hereinbefore specified, such excess altered work shall be covered by supplemental agreement. If the owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. 40-03 OMITTED ITEMS. The Engineer may, in the owner's best interest, omit from the work any contract item, except major contract items. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract_ provision or requirement. Should a contract item be omitted or otherwise ordered to be nonperformed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. J Revision Date; 11/01/90 13 40-04 EXTRA WORK. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements, the same shall be called Extra Work. Extra work that is within the general scope of the contract shall be covered by written change order. Change orders for such extra work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Engineer's opinion, is necessary for completion of such extra work. When determined by the Engineer to be in the owner's best interest, he may order the Contractor to proceed with extra work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. Extra work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment of extra work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the owner. 40 -OS MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's equipment and personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the airport with respect to his/her own operations and the operations of all his/her subcontractors as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. With respect to.his/her own operations and the operations of all his/her subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying: personnel; equipment; vehicles; storage areas; and any work area or condition that may be hazardous to the operation of aircraft, fire -rescue equipment, or maintenance vehicles at the airport. Revision Date: 11/01/90 14 When the contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor's Polk performance of work that is otherwise provided for in the contract, plans, and specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic. The Contractor shall furnish erect, and maintain n barricades, warning signs, flagmen, and other traffic control devices in reasonable conformity with the manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office), unless otherwise specified herein. The. Contractor- shah__also_construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise specified herein, the Contractor will not be required to furnish snow removal for �". such existing road, street, or highway. The Contractor shall make his/her own estimate of all labor, .. materials, equipment, and incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified in this subsection. a" ro 0 The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be measured.or paid for directly, but shall be included in the various contract items. 40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within the established lines, grades, or grading sections shall be removed,by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items. Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the contract. Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that I ll existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be utilized_ in the-York-as- otherwise heworkasotherwise provided for in the contract and shall remain the property of the owner when so utilized in the work. Revision Date: 11/01/90 W 40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be either embankment or waste, he may at his/her option either: a. Use such material in another contract item, providing such use is approved by the Engineer and is in conformance with the contract specifications applicable to such use; or, b. Remove such material from the site, upon written approval of the Engineer; or c. Use such material for his/her own temporary construction on site; or, d. Use such material as intended by the terms of the contract. Should the Contractor wish to exercise option a., b., or c., he shall request the Engineer's approval in advance of such use. Should the Engineer approve the Contractor's request to exercise option a., b., or c., the Contractor shall be paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at his/her own expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for his/her use of such material so used in the work or removed from the site. Should the Engineer approve the Contractor's exercise of option a., the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of his/her exercise of option a., b., or c. The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications. 40-09 FINAL CLEANING UP. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall Revision Date: 11/01/90 16 remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. He shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having *" been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property owner. END OF SECTION 40 "' Revision Date: 11/01/90 17 SECTION 50 CONTROL OF WORK 50-01 AUTHORITY OF_THE.ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. He shall decide all questions which may arise as to the interpretation of the specifications or plans relating to the work, the fulfillment of the contract on the part of the Contractor, and the rights of different Contractors on the project. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for the under contract. 50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans or specifications. If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his/her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the owner, he will advise the owner of his/her determination that the affected work be accepted and remain in place. In this event, the Engineer will document his/her determination and recommend to the owner a basis of acceptance which will provide for an adjustment in the contract price for the affected portion of the work. The Engineer's determination and recommended contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in his/her opinion, needed. Changes in the contract price shall be covered by contract modifications (change order or supplemental agreement) as applicable. If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term "reasonably close conformity'' shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans, and spec--fications. The term shall not be construed as waiving the Engineer's right to insist on strict Revision Date: 11/01/90 18 7, 4 compliance with the requirements of the contract, plans, and specifications during the Contractor's prosecution of the work, ++ when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Engineer with the authority to use good engineering judgment in his/her determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the contract, plans and specifications. 50-03 COORDINATION OF CONTRACT; PLANS, AND SPECIFICATIONS. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited FAA ., advisory circulars; contract general provisions shall govern over plans, cited standards for materials or testing, and cited FAA advisory circulars; plans shall govern over cited standards for materials or testing and cited FAA advisory circulars. The Contractor take advantage of any apparent error or omissiionronthesn plans specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his/her interpretation and decision, and such decision shall be final._ 50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with two copies each of the plans and specifications. He shall have available on the work at all times one copy each of "- the plans and specifications. Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction. The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Engineer and his/her inspectors and with other contractors in every way possible. The Engineer shall allocate the work and designate the sequence of construction in case of controversy between contractors.—The-Contractor shall have a competent '^ superintendent on the work at ail times who is fully authorized as his/her agent on the work. The superintendent shall be capable of reading and thoroughly understanding the plans and •- specifications and shall receive and fulfill instructions from the Engineer or his/her authorized representative. Revision Date: 11/01/90 19 PM 50-05 COOPERATION BETWEEN CONTRACTORS. The owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract. When separate contracts are let within the limits of any one project, each Contractor shall conduct his/her work so as not to _ interfere with or hinder_ the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his/her contract and shall protect and save harmless the owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange his/her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. He shall join his/her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-06 CONSTRUCTION LAYOUT AND STARES._ The Engineer shall establish horizontal and vertical control only. The Contractor must establish all layout required for the construction of the work. Such stakes and markings as the Engineer may set for either his/her own or the Contractor's guidance shall be preserved by the Contractor. In case of negligence on the part of the Contractor, or his/her employees, resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the Contractor at the discretion of the Engineer. 50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is required to be operated automatically under the contract and a breakdown or malfunction of the automatic controls occurs, the equipment may be operated manually or by other methods for a period 48 hours following the breakdown or malfunction, provided this method of operations will produce results which conform to all other requirements of the contract. 50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the contract. Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor. Revision Date: 11/01/90 20 ii Inspectors employed by the owner are authorized to notify the Contractor or his/her representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming ,., materials in question until such issues can be_referred _to the Engineer for his/her decision. 50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized representative of the owner may be ordered Opp removed and replaced at the Contractor's_ expense unless the owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) owner, authorized representatives of the owners of such facilities shall have the right to inspect such work. Such inspection shall in no 1. sense make any facility owner a party to the contract, and shall in no way interfere with the rights of the parties to this contract. 50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does not conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. Unacceptable work, whether the result of poor workmanship, use of . defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner pow Revision Date: 11/01/90 21 in accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or as given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the owner) from any monies due or to become due the Contractor. 50-11 LOAD RESTRICTIONS. The Contractorshall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A_special permit will not relieve the Contractor of liability for damage which may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before_the,expiration of the curing period. The Contractor shall be_responsible for all damage done by his/her hauling equipment and shall correct such damage at his/her own expense. 50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This maintenance shall constitute_ continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work., Revision Date: 11/01/90 22 pow 50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION,of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such .M unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Engineer may suspend any work necessary for the owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the owner, shall be deducted from monies due or to become due the Contractor. 50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the owner, he may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, he may accept it as being completed, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the owner shall not void or alter any provision of the contract. 50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire project, the Engineer and owner will make an inspection. If all construction provided for and contemplated by the contract is found to be completed in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The Engineer .. shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due him for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, he shall notify the Engineer in writing of his/her intention to claim such Revision Date: 11/01/90 23 additional compensation before he begins the work on which he bases the claim. If such notification is not given or the Engineer is not afforded proper.opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within 10 calendar days, submit his/her written claim to the Engineer who will present it to the owner for consideration in accordance with local laws or ordinances: Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. END OF SECTION 50 Revision Date: 11/01/90 24 F& SECTION 60 CONTROL OF MATERIALS 60-01 SOURCE OF SUPPLY AND QUALITY` REQUIREMENTS The materials used on the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials. At the Engineer's option, materials may be approved at the source of supply before delivery is stated. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited materials specifications. In addition, where an FAA specification for airport lighting equipment is cited in the plans or specifications, the Contractor shall furnish such equipment that is: a. Listed in FAA Advisory Circular (AC) 150/5345-1, Approved Airport Equipment, that is in effect on the date of advertisement; and, b. Produced by the manufacturer qualified (by FAA) to produce such specified and listed equipment. ..s The special conditions or plans contain a listing of airport lighting equipment required for this contract. The listed equipment is to be furnished by the Contractor in accordance with the requirements of this subsection. r- 60-12 SAMPLES, TESTS, AND CITED SPECIFICATIONS. All materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor's expense. Unless otherwise designated, tests in accordance -with the cited standard methods of AASHTO or ASTM which are current on the date of advertisement for bids will be made by and at the expense of the owner. '"" Revision Date: 11/01/90 25 Samples will be taken by a qualified representative of the owner. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at his/her request. 60-03 CERTIFICATION OF COMPLIANCE The Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each _lot _of such materials or assemblies delivered to the work must -be -accompanied by a certificate of _compliance in which the lot is clearly identified. Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract_ requirements will be subject to rejection whether in place or not. The form and distribution of certificates of _compliance shall be as approved by the Engineer. When a material _or assembly is specified by " brand name or equal'' and the Contractor elects to furnish the specified "brand name," the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: a. Conformance to the specified performance, testing, quality or dimensional requirements; and, b. Suitability of the material or assembly for the use intended in the contract work. Should the Contractor propose to furnish an "or equal'' material or assembly, he shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole judge as to whether the proposed "or equal'' is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining Revision Date: 11/01/90 26 compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for his/her •. acceptance of the material or assembly. Should the Engineer conduct plant inspections, the following conditions shall exist: a. The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials. b. The Engineer -shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. c. If required by the Engineer, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to the plant. It is understood and agreed that the owner shall have the right to retest any material which has been tested. and approved at the source of supply after it has been delivered to the site. The Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications. 60-05 ENGINEERS FIELD OFFICE AND LABORATORY. When specified and provided for as a contract it the Contractor shall furnish a building for the exclusive use of the Engineer as a field office and field testing laboratory. The building shall be furnished and maintained -by the Contractor as specified herein and shall become property of the Contractor when the contract work is completed. C "^ 60-06 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation ofvtheir quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles -shall be as directed by the Engineer. Private property shall not be used for storage purposes without ., written permission of the owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the MR Revision Date: 11/01/90 27 a" Contractor shall furnish the Engineer a copy of the property owner's permission. All storage sites on private or airport property shall be restored to their original condition by the Contractor at his/her entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property. 60-07 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. No rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the Engineer has approved its used in the work. 60-08 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required to complete the work, except those specified herein (if any) to be furnished by the owner. Owner - furnished materials shall be made available to the Contractor at the location specified herein. All costs of handling, transportation from the specified location to the site of work, storage, and installing owner -furnished materials shall be included in the unit price bid for the contract item in which such owner furnished material is used. After any owner -furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which may occur during the Contractor's handling, storage, or use of su-.h owner - furnished material. The owner will deduct from any monies due or to become due the Contractor any cost incurred by the owner in making good such loss due to the Contractor's handling, storage, or use of owner -furnished materials. _ END OF SECTION 60 Revision Date: 11/01/90 28 r SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70--1 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and state" 'laws,'all' local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees and shall protect and indemnify the owner and all his/her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his/her employees. 70-02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and licenses, pay all charges, fees, and r taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. 70-03 PATENTED_ DEVICES, MATERIALS, AND PROCESSES. If the "^ Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save harmless the owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, -1 or any trademark or copyright, and shall indemnify the owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work. 70-04 RESTORATION OF SURFACES DISTURBEDBY OTHERS. The owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAH) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the owner, such authorized work (by others) is indicated in the special conditions, or on the plans. Except as described above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the Engineer. low Should the owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency Revision Date: 11/01/90 29 be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such owners by arranging and performing the work in this contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or _ specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. 70-05 FEDERAL AID PARTICIPATION. For AIP contracts, the, United States Government has agreed to reimburse the owner for some portion of the contract costs. Such reimbursement_ is made from time to time upon the owner's (sponsor's) request to the FAA. In consideration of the United Sates Government's (FAA's) agreement with the owner, the owner has included provisions in this contract pursuant to the requirements of the Airport Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, and the Rules and Regulations of the FAA that pertain to the work. As required by the Act, the contract work is subject to the inspection and approval of duly authorized representatives of the Administrator, FAA, and is further subject to those provisions of the rules and regulations that are cited in the contract, plans, or specifications. No requirement of the Act, the rules and regulations implementing the Act, or this contract shall be construed as making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract. 70-06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of _his/her employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction. . Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions are unsanitary, hazardous, or dangerous to his/her health or safety. 70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her operations and those of his/her subcontractors Revision Date: 11/01/90 30 I ^6.::;x x:x:w5 and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with,respect to his/her own operations and-thoselof,hi,s/her subcontractors and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall'limit such operations for the convenience 'and ' safety of the traveling public as specified in the subsection titled LIMITATION OF OPERATIONS of. Section 80 hereinafter. 70-08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When 'g used during periods of darkness, such .barricades, warning signs, and hazard markings shall be suitably illuminated. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office). When the work requires closing an air operations area of the airport rport orpoftion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 150/5340-1, Marking of Paved Areas on Airports. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stock piles, and his/her parked construction equipment that may be hazardous to the operation of emergency fire -rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2, operational Safety on Airports During Construction Activity. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370- 2. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work which requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer. Revision Date: 11/01/90 31 Open -flame type lights shall not be permitted within the air operations areas of the airport. 70-09 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall_be responsible for all damage resulting from the use.of explosives. All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and, in general, not closer than 1,000 feet (300 m) from the work or from any building, road, or other place of human occupancy. The Contractor shall notify each property owner and public utility company having structures or facilities in proximity to the site of the work of his/her intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. The use of electrical blasting caps shall not be permitted on or within 1,000 feet (300 m) of the airport property. 70-10 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer has witnessed or otherwise referenced their location and shall not move them until die rcted. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the work, resulting from any act, omission, neglect, or misconduct in his/her manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the nonexecution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, .or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. Revision Date: 11/01/90 32 70-11 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the owner and their officers, and employees from all suits actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright;.or from any claims or amounts arising or recovered under the "'Workmen's Compensation Act,'' or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his/her contract as may be considered necessary by the owner for such purpose may be retained for the use of the owner or, in case no money is due, his/her surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have,been settled and suitable evidence to that effect furnished to the owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. 70-12 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-13 OPENING SECTIONS OF THE WORK TO_TRAFFIC. Should it be necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the owner prior to completion of the entire contract, such "phasing'' of the work shall be specified herein and indicated on the plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. The Contractor shall make his/her own estimate of the difficulties involved in arranging his/her work to permit such beneficial occupancy by the owner as described_in-the special conditions, or on the plans. Upon completion of any portion of the work listed above, such portion shall be accepted by the owner in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50. No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made Revision Date: 11/01/90 33 0 when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the owner shall be repaired by the Contractor at his/her expense. The Contractor shall make his/her own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due'to opening a portion of the contract work. 70-14 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before _final acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other — cataclysmic phenomenon of nature, or acts of the public enemy or of government authorities. If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his/her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seedings, and soddings furnished under his/her contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED.BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the owner to construct, reconstruct or maintain such utility services or Revision Date: 11/01/90 34 ar facilities during the progress of the work. In addition, the Contractor shall control his/her operations to prevent the unscheduled interruption of such utility services and facilities. To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans and the owners are_ ndicated_in the special conditions, or on the plans. It is understood,and_agreed that the owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered_n the work., Any inaccuracy or omission in such information shall not relieve the Contractor of his/her responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the owners of all utility services or other facilities of his/her plan of operations. Such notification shall be in writing addressed to THE PERSON To CONTACT as provided hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition to the general written notification hereinbefore provided, it shall _be the responsibility of the Contractor to keep such individual owners advised of changes in his/her plan of operations that would affect such owners. Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such owner of his/her plan of operation. If, in the Contractor's opinion, the owner's assistance is needed to locate the utility service or facility or the presence of a representative of the owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to ,reach the utility owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the -Engineer to suspend the Contractor's operations in the general vicinity of a utility service or facility. Revision Date: 11/01/90 35 M Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet (90 cm) of such outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his/her operations whether or not due to negligence or accident. The contract owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his/her surety. 70-16 FURNISHING RIGHTS-OF-WAY. The owner will be responsible for furnishing all rights-of-way upon which the work is to be constructed in advance of the Contractor's operations. 70-17 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract provisions or in exercising any power or authority granted to him by this contract, there shall be no liability upon the Engineer, his/her authorized representatives, or any officials of the owner either personally or as an official of the owner. It is understood that in such matters they act solely as agents and representatives of the owner. 70-18 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or estop the owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the owner be precluded or estopped from recovering from the Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the contract. A waiver on the part of -the owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the contract, shall be liable to the owner for latent defects, fraud, or such Revision Date: 11/01/90 36 gross mistakes as may amount to fraud, or as regards the owner's rights under any warranty or guaranty. 70-19 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. 70-20 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his/her operations, any building, part of a building, structure, or object which is incongruous with its surroundings, he shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and will direct the Contractor to,either resume his/her operations or to suspend operations as directed. Should the Engineer order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor_to_perform extra work, such shall be covered by an appropriate contract modification (change order or supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If �^^ appropriate, the contract modification shall include an extension ` of contract time in accordance with the subsection titled_ DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. END OF SECTION 70 PRW Revision Date: 11/01/90 37 SECTION 80 PROSECUTION AND PROGRESS 80-01 SUBLETTING OF CONTRACT. The owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. Should the Contractor elect to assign his/her contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the owner, and shall be consummated only on the written approval of the owner. In case of approval, the Contractor shall file copies of all subcontracts with the Engineer. 80-02 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor will begin the. construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the Engineer in the written notice to proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction operations will begin. 80-03 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit his/her progress schedule for the Engineer's approval within 10 days after the effective date of the notice to proceed. The Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the contract time and modify his/her operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. For AIP contracts, the Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the owner. Revision Date: 11/01/90 38 80-04 LIMITATION OF OPERATIONS. The Contractor shall control his/her operations and the operations of his/her subcontractors and all suppliers so as to provide for the free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport. When the work requires the Contractor to conduct his/her operations within an AIR OPERATIONS AREA of the airport, the work shall be coordinated with airport management (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an AIR OPERATIONS AREA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70. When the contract work requires the Contractor to work within an AIR OPERATIONS AREA of the airport on an intermittent basis_ (intermittent opening and closing of the AIR OPERATIONS AREA), the Contractor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the AIR OPERATIONS AREA; immediately obey all instructions to resume work in such AIR OPERATIONS AREA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AIR OPERATIONS AREA until the satisfactory conditions are provided. The following AIR OPERATIONS AREA (AOA) cannot be closed to operating aircraft to permit the Contractor's operations on a continuous basis and will therefore be closed to aircraft operations intermittently as described in the special conditions, or on the plans. 80-05 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and- specifications. - All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. All equipment which is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to met requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use. When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Revision Date: 11/01/90 39 Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans, and specifications. When the contract specifies the use of certain methods and equipment, such methods and _equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the contract, he may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract' requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection. 80-06 TEMPORARY SIISPENSION OF THE WORK. The -Engineer shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract. In the event that the Contractor is ordered by the Engineer, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the Engineer's order to suspend work to the effective date of the Engineer's order to resume the work. Claims for such compensation shall be filed with the Engineer within the time period stated in the Engineer's order to resume work. The Contractor shall submit with his/her claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim t.o the owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Contractor, or for any Revision Date: 11/01/90 40 (1) No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least 6 hours with the normal work force employed on such principal item. Should the normal work force be ona double -shift, 12 hours shall be used. Should the normal work force be ,on ,atriple-shift, 18 hours shall apply. Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered by the Engineer for reasons not the fault of the Contractor, shall not be charged against the contract time. (2) The Engineer will not make charges against the contract time prior to the effective date of the notice to proceed. (3) The Engineer will begin charges against the contract time on the first working day after the effective date of the notice to proceed. «" Revision Date: 11/01/90 41 other delay provided for in the contract, plans, or _ specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport. 80-07 DETERMINATION AND EXTENSION OFCONTRACTTIME. The number of calendar or working days allowed for completion of the work shall be stated in the proposal and contract and shall be known as the CONTRACT TIME. Should the contract time require extension for reasons beyond the Contractor's control, it shall be adjusted as follows: CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer. The Engineer will furnish the _Contractor a copy of his/her weekly statement of the number of working days charged against the contract time during the week and the number of working days currently specified for completion of the contract (the original contract time plus the number of working days, if any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). The Engineer shall base his/her weekly statement of contract time charged on the following considerations: (1) No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least 6 hours with the normal work force employed on such principal item. Should the normal work force be ona double -shift, 12 hours shall be used. Should the normal work force be ,on ,atriple-shift, 18 hours shall apply. Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered by the Engineer for reasons not the fault of the Contractor, shall not be charged against the contract time. (2) The Engineer will not make charges against the contract time prior to the effective date of the notice to proceed. (3) The Engineer will begin charges against the contract time on the first working day after the effective date of the notice to proceed. «" Revision Date: 11/01/90 41 (4) The Engineer will not make charges against the contract time after the date of final acceptance as defined in the subsection titled FINAL ACCEPTANCE of Section 50. (5) The Contractor will be allowed 1 week in which to file a written protest setting forth his/her objections to the Engineer's weekly statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor. The contract time (stated in the proposal) is based on the originally estimated quantities as described in the subsection titled INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the satisfactory completion of the contract require performance of work in greater quantities than those estimated in the proposal, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in contract time shall not consider either the cost of work or the extension of contract time that has been covered by change order or supplemental agreement and shall be made at the time of final payment. b. CONTRACT TIME based on CALENDAR DAYS shall consist of the number of calendar days stated in the contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and nonwork days. All calendar days elapsing between the effective dates of the Engineer's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. At the time of final payment, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the, cost of the originally estimated quantities in the proposal . Such increase in the contract time shall not consider either cost of work or the extension of contract time that has been covered by a change order or supplemental agreement. Charges against the contract time will cease as of the date of final acceptance. c. When the contract time is a specified completion date, �a. it shall be the. date on .which all „contract work shallbe, substantially completed. If the Contractor finds it impossible for reasons beyond his/her control to complete the work within the contract time as specified, or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the contract time as extended, make a written request to the — Engineer for an extension of time setting forth the reasons which he believes will justify the granting of his/her request. The Revision Date: 11/01/90 42 WAM Contractor's plea that insuffic ent_timp 'was specified is not a valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without,or, he may extend the time for completion einasuch oamount Castthe tconditions,justify . The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion. 80-08 FAILURE TO COMPLETE ON TIME. For each „calendar day or working day, as'spec ified in the contract, that any work remains uncompleted after the contract time (including all.extensions and adjustments as provided in the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum specified in the contract and proposal as liquidated damages will be deducted from any money due or to become due the Contractor or his/her surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages that will be incurred by the owner should the Contractor fail to complete the work in the time provided in his/her contract. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the owner of any of its rights under the contract. 80-09 DEFAULT AND TERMINATION 07 -CONTRACT-.- CONTRAC. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the owner to terminate the contract for any of the following reasons if the Contractor: •W a. Fails to begin the work under the contract.within the time specified in the `.`Notice to Proceed,'' or b. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the contract, or c. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or d. Discontinues the prosecution of the work, or e. Fails to resume work which yhas Nbeen discontinued within a reasonable time after `notice to do so, or f. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or Revision Date: 11/01/90 43 g. Allows any final judgment to stand against him unsatisfied for a period of 10 days, or h. Makes an assignment for the benefit of creditors, or i. For any other cause whatsoever, fails to carry on the work in an acceptable manner. Should the Engineer consider the Contractor in default of the contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the Contractor's surety as to the reasons for considering the Contractor in default and the owner's intentions to terminate the contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the owner the amount of such excess'. 80-10 TERMINATION FOR NATIONAL EMERGENCIES. The owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job will be Revision Date: 11/01/90 44 e.s e+ considered, the intent being that an equitable settlement will be made with the Contractor. _ Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer. Termination of the contractor a portion thereof shall neither relieve the Contractor of his/her responsibilities for the completed work nor shall it relieve his/her surety of its obligation for and concerning any just claim arising out of the work performed. END OF SECTION 80 Revision Date: 11/01/90 45 SECTION 90 MEASUREMENT AND PAYMENT 90-01 MEASUREMENT OF QUANI`ITIES. All work completed under the contract will be measured by the Engineer, or his/her authorized representatives, using United States Customary Units of Measurement or the International system of Units. The method of measurement and computations to be used in determination of quantities. -of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave -outs) having an area of 9 square feet (0.8 square meter) or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. In computing volumes of excavation the average end area method or other acceptable methods will be used. The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inches. The term "ton" will mean the short ton consisting of 2,000 pounds (907 kilograms) avoirdupois. All materials which are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designed by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material be paid for. However, car weights will not be acceptable for material to -be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainlylegible identification mark. Revision Date: 11/01/90 46 LO Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable to the Engineer, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery. When requested by the Contractor and approved by the Engineer in writing, material specified to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be converted to cubic yards (cubic meters) for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such method of.measurement of pay quantities is used. Bituminous materials will be measured by the gallon (liter) or ton (kilogram). When measured by volume, such volumes will be measured at 60 F (15 C) or will be corrected to the volume at 60 F (15 C) using ASTM D 1250 for asphalts or ASTM D 633 for tars. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton (kilogram) or hundredweight (kilogram). Timber will be measured by the thousand feet board measure (M.F.B.M.) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. The term "lump sum'' when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, " lump sum'' work) is specified_as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. �., Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Revision Date: 11/01/90 47 0" Engineer in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of this section. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. Scales shall be accurate within one-half percent of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the inspector before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one-tenth of 1 percent of the nominal rated capacity of the scale, but not less than 1 pound (454 grams). The use of spring balances will not be permitted. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them. Scale installations shall have available ten standard 50 -pound (2.3 kilogram) weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform_ scales, shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales " overweighing '' (indicating more than correct weight) will not be permitted to operate, and all materials received subsequent to the last previous correct weighting -accuracy test will be reduced by the percentage of error in excess of one-half of 1 percent. In the event inspection reveals the scales have been " underweighing '' (indicating less than correct weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. Revision Date: 11/01/90 48 r*+ All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project. When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If revised dimensions result ,in an ,increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount„represented by the authorized changes in the dimensions., 90-02 SCOPE Or PAYMENT. The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials, for performing all work under the contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of k Section 70. When the "basis of payment'' subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications. 90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 PAYMENT FOR OMITTED ITEMS.0 As specified in the subsection titled OMITTED ITEMSof Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the .. owner. ON Revision Date: 11/01/90 49 Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices dor any work — actually completed and acceptable prior to the Engineer's order to omit or nonperform such contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. 90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. When the change order or supplemental agreement authorizing the extra work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials _ plus a negotiated and agreed upon allowance for overhead and profit. a. Miscellaneous. No additional allowance will be made ~ for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. b. Comparison of Record. The Contractor and the Engineer shall compare records of the cost of force account work at the end of each day. Agreement shall be indicated by signature of the Contractor and the Engineer or their duly authorized representatives. c. Statement. No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer with duplicate itemized statements _of the cost of such force account work detailed as follows: (1) Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman. (2) Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment. Revision Date: 11/01/90 50 (3) Quantities of materials, prices, and extensions. (4) Transportation of materials. (5) Cost of property damage, liability and workman's compensation insurance premiums, unemployment insurance contributions, and social security tax. Statements shall be accompanied and supported by a receipted invoice for all materials used and transportation charges. However, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from his/her stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor. 90-06 PARTIAL PAYMENTS._ Partial payments will be made at least once each month as the work progresses. Said payments will be based upon estimates prepared by the Engineer of the value of the work performed and materials complete in place in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than five hundred dollars. From the total of the amount determined to be payable on a partial payment, 10 percent of such total amount will be deducted and retained by the owner until the final payment is made, except as may be provided (at the Contractor's option) in the subsection • titled PAYMENT OF WITHHELD FUNDS of this section. The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his/her option, as provided in the subsection titled PAYMENT OF WITHHELD FUNDS of this section, no such 10 percent retainage shall be deducted. When not less than 95 percent of the work has been completed the Engineer may, at his/her discretion and with the consent of the surety, prepare an estimate from which will be retained an amount not less than twice the contract value or estimated cost,, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. "" Revision Date: 11/01/90 51 It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time _of_final payment as provided in the subsection titled ACCEPTANCE AND FINAL, PAYMENT of this section. 90-07 PAYMENT FOR MATERIALS ON SAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: a. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. b. The Contractor has furnished the Engineer.with — acceptable evidence of the quantity and quality of such stored or stockpiled materials. c. The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. d. The Contractor has furnished the owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. e. The Contractor has furnished the owner evidence that the material so stored or stockpiled is insured against loss by _ damage to or disappearance of such materials at anytime prior to use in the work. It is understood and agreed that the transfer of title and the owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his/her responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans, and specifications. In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract Revision Date: 11/01/90 52 s price for the contract item in which the material is.intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection. P 90-08 PAYMENT OF WITHHELD FUNDS. At the Contractor's option, he/she may request that the owner accept (in lieu of the 10 percent retainage on partial payments described in the subsection titled PARTIAL PAYMENTS of this section) the Contractor's deposits in escrow under the _following conditions. a. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the owner. b. The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the owner and having a value not less than the 10 percent retainage that would otherwise be withheld from partial payment. c. The Contractor shall enter into an escrow agreement satisfactory to the owner. d. The Contractor shall obtain the written consent of the surety to such agreement. 90-09 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30 -day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. "" Revision Date: 11/01/90 53 After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. END OF SECTION 90 W Revision Date: 11/01/90 54 TECHNICAL SPECIFICATIONS City of Lubbock Bid #065-01/LR FAA A.I. P. Project No. 3-48-0138-22-00 CITY OF LUBBOCK, TEXAS CONTRACT DOCUMENTS AND SPECIFICATIONS FOR LUBBOCK INTERNATIONAL AIRPORT AIRFIELD SIGNAGE AND TRANSFORMER VAULT IMPROVEMENTS FEBRUARY 2041 Aw 40 $ s ..•..iiM.L........................ LAWRENCE J. _ 9.65358 X44 �/Q1�Ai..��.� Parkhill, Smith & Cooper, Inc. Engineers Architects Planners TABLE OF CONTENTS TECHNICAL SPECIFICATIONS ITEM P-156 TEMPORARY AIR AND WATER POLLUTION, SOIL EROSION, AND SILTATION CONTROL Paragraph Page Modifications 156-a 1. Description 156-1 2. Materials 156-1 3. Construction Requirements 156-1 4. Method of Measurement 156-3 5. Basis of Payment 156-3 1. 2. 3. 4. 1. 2. 3. 4. 5. 6. 7. Paragraph 1. 2. 3. 4. 5. 6. 7. 01272000 03/01 ITEM ER TEMPORARY EROSION SEDIMENTATION AND WATER POLLUTION PREVENTION AND CONTROL Modifications Description Materials Construction Methods Method of Measurement and Basis of Payment ITEM P-610 STRUCTURAL PORTLAND CEMENT CONCRETE Modifications Description Materials Construction Methods Method of Measurement Basis of Payment Testing Requirements Material Requirements ITEM P-620 RUNWAY AND TAXIWAY PAINTING Modifications Description Materials Construction Methods Method of Measurement Basis of Payment Testing Requirements Material Requirements TOC - 1 ER -a ER -1 ER -1 ER -2 ER -4 610-a 610-1 610-1 610-3 610-6 610-6 610-6 610-6 Page 620-a 620-1 620-1 620-4 620-6 620-6 620-7 620-7 ITEM L-108 INSTALLATION OF UNDERGROUND CABLE FOR AIRPORTS Modifications 108-a 1. Description 108-1 2. Equipment and Materials 108-1 3. Construction Methods 108-2 4. Method of Measurement 108-5 5. Basis of Payment 108-6 6. Material Requirements 108-6 ITEM L-109 INSTALLATION OF AIRPORT TRANSFORMER VAULT AND VAULT EOUIPMENT ITEM L-110 INSTALLATION OF AIRPORT UNDERGROUND ELECTRICAL DUCT Modifications 109-a 1. Description 109-1 2. Equipment and Materials 109-1 3. Construction Methods 109-2 4. Method of Measurement 109-5 5. Basis of Payment 109-6 6. Material Requirements 109-6 ITEM L-110 INSTALLATION OF AIRPORT UNDERGROUND ELECTRICAL DUCT ITEM L-125 INSTALLATION OF AIRPORT LIGHTING SYSTEMS Modifications 110-a 1. Description 110-1 2. Equipment and Materials 110-1 3. Construction Methods 110-1 4. Method of Measurement 1104 5. Basis of Payment 110-4 6. Material Requirements 1104 ITEM L-125 INSTALLATION OF AIRPORT LIGHTING SYSTEMS 01272000 TOC - 2 03/01 Modifications 125-a 1. Description 125-1 2. Equipment and Materials 125-2 3. Construction Methods 125-3 4. Method of Measurement 125-3 5. Basis of Payment 125-4 01272000 TOC - 2 03/01 No Text - 2/17/69 ITEM P-156 0 AC 150/5370-10A TEMPORARY AIR AND WATER POLLUTION, SOIL EROSION, AND SILTATION CONTROL DESCRIPTION _ 156-1.1 This item shall consist of temporary control measures as shown on the plans or as ordered by the Engineer during the life of a contract to control water pollution, soil erosion, and siltation through the use of berms, dikes, dams, sediment basins, fiber mats, gravel, mulches, grasses, slope drains, and other erosion control devices or methods. The temporary erosion control measures contained herein shall be coordinated with the permanent erosion control measures specified as part of this contract to the extent practical to assure economical, effective, and continuous erosion control throughout the construction period. Temporary control may include work outside the construction limits such as borrow pit operations, equip- ment and material storage sites, waste areas, and temporary plant sites. MATERIALS 156-2.1 GRASS. Grass which will not compete with the grasses sown later for permanent cover shall be a quick -growing species (such as ryegrass, Italian ryegrass, or cereal grasses) suitable to the area providing a temporary cover. 156-2.2 MULCHES. Mulches may be hay, straw, fiber mats, netting, bark, wood chips, or other suitable material reasonably clean and free of noxious weeds and deleterious materials. 156-2.3 FERTILIZER. Fertilizer shall be a standard commercial grade and shall conform to all Federal and state regulations and to the standards of the Association of Official Agricultural Chemists. 156-2.4 SLOPE DRAINS.. Slope drains may be constructed of pipe, fiber mats, rubble, portland cement concrete, bituminous concrete, or other materials that will adequately control erosion. 156-2.5 OTHER. All other materials shall meet commercial grade standards and shall be approved by the Engineer before being incorporated into the project. CONSTRUCTION REQUIREMENTS 156-3.1 GENERAL. In the event of conflict between these requirements and pollution control laws, rules, or regulations of other Federal, state, or local agencies, the more restrictive laws, rules, or regulations shall apply. The Engineer shall be responsible for assuring compliance to the extent that construction practices, con- struction operations, and construction work are involved. 156 - 1 AC 150/5370-IOA 2/17/89 156-3.2 SCHEDULE. Prior to the start of construction, the Contractor shall submit schedules for accom- plishment of temporary and permanent erosion control work, as are applicable for clearing and grubbing; grading; construction; paving; and structures at watercourses. The Contractor shall also submit a proposed method of erosion and dust control on haul roads and borrow pits and a plan for disposal of waste materials. Work shall not be started until the erosion control schedules and methods of operation for the applicable construction have been accepted by the Engineer. 156-3.3 AUTHORITY OF ENGINEER. The Engineer has the authority to Iimit the surface area of erod- ible earth material exposed by clearing and grubbing, to limit the surface area of erodible earth material exposed by excavation, borrow and fill operations, and to direct the Contractor to provide immediate per- manent or temporary pollution control measures to minimize contamination of adjacent streams or other watercourses, lakes, ponds, or other areas of water impoundment. 156-3.4 CONSTRUCTION DETAILS. The Contractor will be required to incorporate all permanent ero- sion control features into the project at the earliest practicable time as outlined in the accepted schedule. Except where future construction operations will damage slopes, the Contractor shall perform the perma- nent seeding and mulching and other specified slope protection work in stages, as soon as substantial areas of exposed slopes can be made available. Temporary erosion and pollution control measures will be used to correct conditions that develop during construction that were not foreseen during the design stage; that are needed prior to installation of permanent control features; or that are needed temporarily to control erosion that develops during normal construction practices, but are not associated with permanent control features on the project. Where erosion is likely to be a problem, clearing and grubbing operations should be scheduled and per- formed so that grading operations and permanent erosion control features can follow immediately thereafter if the project conditions permit; otherwise, temporary erosion control measures may be required between successive construction stages. The Engineer will limit the area of clearing and grubbing, excavation, borrow, and embankment operations in progress, commensurate with the Contractor's capability and progress in keeping the finish grading, mulching, seeding, and other such permanent control measures current in accordance with the accepted schedule. Should seasonal limitations make such coordination unrealistic, temporary erosion control meas- _ ures shall be taken immediately to the extent feasible and justified. In the event that temporary erosion and pollution control measures are required due to the Contractor's negligence, carelessness, or failure to install permanent controls as a part of the work as scheduled or are ordered by the Engineer, such work shall be performed by the Contractor at his/her own expense. The Engineer may increase or decrease the area of erodible earth material to be exposed at one time as determined by analysis of project conditions. 156 - 2 r�+ 2/17/69 AC 150/5370-10A The erosion control features installed by the Contractor shall be acceptably maintained by the Contractor during the construction period. a� Whenever construction equipment must cross watercourses at frequent intervals, and such crossings will ad- versely affect the sediment levels, temporary structures should be provided. m•, Pollutants such as fuels, lubricants, bitumen, raw sewage, wash water from concrete mixing operations, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natu- ral or manmade channels leading thereto. METHOD OF MEASUREMENT 156-4.1 Temporary erosion and pollution control work required which is not attributed to the Contractor's negligence, carelessness, or failure to install permanent controls will be performed as scheduled or ordered by the Engineer. Completed and accepted work will be measured as follows: a. Temporary seeding and mulching will be measured by the square yard (square meter). b. Temporary slope drains will be measured by the linear foot (meter). c. Temporary benches, dikes, dams, and sediment basins will be measured by the cubic yard (cubic meter) of excavation performed, including necessary cleaning of sediment basins, and the cubic yard (cubic meter) of embankment placed at the direction of the Engineer, in excess of plan Iines and elevations. d. All fertilizing will be measured by the ton (kilogram). 156-4.2 Control work performed for protection of construction areas outside the construction limits, such P" as borrow and waste areas, haul roads, equipment and material storage sites, and temporary plant sites, will not be measured and paid for directly but shall be considered as a subsidiary obligation of the Contractor with costs included in the contract prices bid for the items to which they apply. BASIS OF PAYMENT 156-5.1 Accepted quantities of temporary water pollution, soil erosion, and siltation control work ordered by the Engineer and measured as provided in paragraph 156-4.1 will be paid for under: Item P-156-5.1 Temporary seeding and mulching—per square yard (square t._ meter) Item P-156-5.2 Temporary slope drains—per linear foot (meter) Item P-156-5.3 Temporary benches, dikes, dams and sediment basins—per cubic yard (cubic meter) Item P-156-5.4 Fertilizing—per ton (kilogram) Where other directed work falls within the specifications for a work item that has a contract price, the units of work shall be measured and paid for at the contract unit price bid for the various items. Temporary control features not covered by contract items that are ordered by the Engineer will be paid for in accordance with Section 90-05. 156 - 3 No Text ii i ITEM ER TEMPORARY EROSION, SEDIMENTATION AND WATER POLLUTION PREVENTION AND CONTROL 1. DESCRIPTION This item shall govern the measures necessary to control soil erosion, sedimentation and water pollution which may degrade receiving waters including rivers, streams, lakes, playas, reservoirs, tidal waters, groundwater and wetlands. The control measures contained herein shall be installed and maintained throughout the construction contract period, including any turf establishment period, and will be coordinated with the permanent or existing temporary pollution control features specified elsewhere in the plans and specifications to provide effective and continuous water pollution control. These control measures shall not be used as a substitute for the permanent pollution control measures unless otherwise directed by the Owner in writing. The controls may include silt fences, dikes, dams, 7W berms, sediment basins, mats, soil retention blankets, temporary seeding, mulch, channel liners, slope drains or other structural or non-structural water pollution controls. ,. 2. MATERIALS 2-1 General The control measure materials will be as herein specified. The Owner may allow other materials and work as the need arises and as approved in writing. All control measure materials will be approved by the Owner prior to use on this project. 2-2 Silt Fence Silt fence materials shall consist of the following: XM (a) Fabric. The filter fabric shall be of nonwoven polypropylene, polyethylene or polyamide thermoplastic fibers with non -raveling edges. The fabric shall be nonbiodegradable, inert to most soil chemicals, ultraviolet resistant, unaffected by moisture or other weather conditions, and permeable to water while retaining sediment. The fabric shall be supplied in rolls with minimum width of 36 inches. The filter fabric will have the following physical characteristics: Minimum Weight: 4.5 oz./s.y. Maximum Water Flow Rate: 40 gal./s.f./minute Equivalent Opening Size "." - (US standard sieve no.): 40 to 100 Minimum Burst Strength (ASTM D 3786): 300 psi Minimum Ultraviolet Resistance; Strength Retention (ASTM D 1682): 70 percent (b) Posts. Posts will be painted or galvanized steel Tee or Y -posts with anchor plates, not less than 5 feet in length with a minimum weight of 1.3 pounds per foot and a minimum Brinell hardness of 143. Hangars shall be adequate to secure fence and fabric to posts. Posts and anchor plates will conform to ASTM A 702. 01272000 ER- 1 03/01 Wire Fence. Wire fence will be welded wire fabric 2 x 4 - W1.0 x W1.0 and will conform to requirements of ASTM A 82 or A 496. 2-3 Sediment Containment Dikes Sediment containment dikes shall consist of the following: (a) Hay Bales. "Hay Bales" will be free of Johnson grass or other nocuous weeds. The bales will consist of either hay or straw in good condition and be securely tied by wire. Stakes for anchoring bales will be #4 reinforcing bars, 1/2 inch steel pickets or 2 inch x 2 inch wooden stakes. Completed dikes will be at least 18 inches in height and will have sufficient weight and stability to prevent displacement by runoff. Hay bale dikes will not be allowed on paved areas, but may be used in unpaved drainage ways. b. Sand Bags. Fabric used to contain the sand may be permeable to water, but will be able to completely contain the sand within the bags. The fabric and seams will be of sufficient strength to prevent puncture or rupture when subjected to conditions which may be encountered during placement or when in place. Completed dikes will have sufficient weight and stability to prevent displacement by runoff. Sand - bag dikes may be used in paved areas and/or unpaved areas. Dikes used in concrete drainage aprons or channels shall be constructed to a minimum - height of 6 -inch, and shall extend the full width of the apron or channel. Dikes used in unpaved drainage ways shall be constructed to a minimum height of 18 -inches. 3. CONSTRUCTION METHODS 3-1 General The Owner's Representative has the authority to limit the disturbed surface area exposed by construction operations. The Contractor shall provide control measures as required to prevent or minimize impact to receiving waters and/or as directed by the Owner's Representative. The Contractor shall effectively prevent and control erosion and sedimentation on the site at the earliest practicable time. Control measures, where applicable, will be implemented prior to the commencement of each construction operation or immediately after the area has been disturbed. Control measures will remain in place throughout the construction period and any turf establishment period. Should the control measures fail to function effectively, the Contractor shall act immediately to bring the erosion and sedimentation under control by maintaining existing controls or by providing additional controls as directed by the Owner's Representative. When in the opinion of the Owner's Representative the site is adequately stabilized, the control measures will be removed and properly disposed of by the Contractor. 01272000 ER - 2 03/01 All erosion, sediment and water pollution controls will be maintained in good working order. The Contractor shall provide a non-freezing rain gauge to be located at the project site. Within 24 hours of a rainfall event of 0.5 inches or more as measured by the project rain gauge, the Contractor and Owner's Representative will inspect the entire project to determine the condition of the control measures. Sediment will be removed and devices repaired as soon as practicable but no later than 7 days after the surrounding exposed ground has dried sufficiently to prevent further damage from equipment needed for the repair. In the event of continuous rainfall over a 24-hour period, or other circumstances that preclude equipment operation in the area, the Contractor will hand carry and install additional backup devices as determined by the Owner's Representative. The Contractor will remove silt accumulations and deposit the spoils in an area approved by the Owner's Representative as soon as practical. Any corrective action needed for the control measures will be accomplished in the sequence directed by the Owner's Representative, however areas adjacent to waterbodies shall generally have priority followed by devices protecting storm sewer inlets. The Contractor shall also conform to the following practices and controls: (a) Disposal areas, stockpiles, and haul roads used for this project, including areas not within the project limits, shall be constructed and maintained in a manner that will minimize and control the amount of sediment that may enter receiving waters. Disposal areas shall not be located in any wetland, waterbody or streambed. Construction roads may not be located in or cross any waterbody or streambed without prior approval of the Owner's Representative and shall be done in compliance with applicable rules and regulations. (b) Construction operations in rivers, streams, lakes, tidal water wetlands and other waterbodies shall be restricted to those areas where it is necessary to perform the work shown on the plans. Wherever streams are crossed, temporary bridges, timber mats or other structures shall be used. (c) Protected storage for paints, chemicals, solvents, fertilizers and other potentially toxic materials will be provided by the Contractor and the location approved by the Owner's Representative. (d) Construction staging areas and vehicle maintenance areas shall be constructed by the Contractor in a manner to minimize the runoff of pollutants and their location will be approved by the Owner's Representative. The Contractor shall prevent pollution of receiving waters with petroleum products or other hazardous or regulated substances. When work areas of material sources are located adjacent to a waterbody, control measures such as dikes, gabions, or rock berms, shall be used to keep sediment and other contaminants from entering the adjacent waterbody. Care shall be taken during the construction and removal of such barriers to minimize down -gradient sedimentation. (e) All waterways shall be cleared as soon as practicable of temporary embankment, temporary bridges, matting, falsework, piling, debris or other obstructions placed during construction operations that are not a part of the finished work. r (f) Disturbance of vegetation shall be minimized and limited to only what is shown on the construction plans or as directed by the Owner's Representative in writing. ow 01272000 03/01 ER -3 (g) Construction entrances shall be stabilized by the use of rock, timber matting or other acceptable techniques when necessary to minimize the off-site vehicle tracking of sediment. The Contractor shall clean paved surfaces as necessary to remove sediment which has accumulated on the roadway. 3-2 Silt Fence The filter fabric will be securely attached to the posts and the wire fence with the bottom 12 inches of filter fabric buried in a trench a minimum of 6 inches keep to prevent sediment from passing under the fence. When the fence is constructed on impervious material, a 12 inch flap of fabric will be extended upstream from the bottom of the silt fence and weighted to limit particulate loss. Vertical joints will be overlapped a minimum of 12 inches with the ends sewn or otherwise securely tied. No horizontal joints will be allowed in the filter fabric. The silt fence will be a minimum of 12 inches high. Posts will be embedded in the ground a minimum of 12 inches and spaced a maximum of 8 feet apart. Posts will be placed on a slight angle toward the anticipated runoff source. Torn or punctured fabric will be repaired by the placement of a patch consisting of an additional layer of fabric over the damaged area. The patch will overlap the damaged area a minimum of 12 inches in all directions and will be securely attached to the repaired fabric. 3-3 Sediment Containment Dikes The Contractor may select either bales or sand bag materials for the dikes, unless otherwise instructed. Bales or sand bags will be placed with ends tightly abutting. If placed in unpaved areas, the dike will be embedded in the soil a minimum of 4 inches and a maximum of 6 inches. Bales will be securely anchored in place by a minimum of 2 stakes per bale. Stakes will be angled toward the previously placed bale to force the bales together. Stakes will be embedded in the soil a minimum of 18 inches. Bales will not be used when underlying material such as concrete or asphalt prevents anchorage by stakes. If placed on paved surfaces, the dike will consist of sand bags placed with the ends tightly together. The sand bags will be placed side by side to a width as required to minimize sand bag movement or displacement during rainfall occurrences. 4. METHOD OF MEASUREMENT AND BASIS OF PAYMENT Work performed as specified in this section will be measured and payment will be made under Item P-156, TEMPORARY AIR AND WATER POLLUTION, SOIL EROSION, AND SILTATION CONTROL, of these specifications. Payment will be full compensation for all work including the furnishing of all materials, equipment, tools, labor and incidentals necessary to complete the work, including maintaining, servicing or replacing the measures as required to comply with the requirements of this specification during the construction period. If the Contractor is required to install temporary erosion, sediment and water pollution control measures due to his negligence, carelessness, lack of maintenance, or failure to install permanent controls as a part of the work as scheduled, and are ordered in writing by the Owner's Representative, such work shall be performed at the Contractor's expense. 01272000 ER - 4 03/01 .tea In case of failure on the part of the Contractor to prevent and control soil erosion, sedimentation and water pollution which may degrade receiving water, the Owner reserves the right to employ outside assistance or to use Owner's forces to provide the necessary corrective measures. All costs including engineering costs will be deducted from any moneys due or to become due to the Contractor. END OF SECTION F 01272000 ER - 5 ,.,, 03/01 No Text No Text AC 150/5370-IOA TABLE 2. GRADATION FOR FINE AGGREGATE Sieve Designation (squareI Percentage by Weight Passing openings) Sieves % inch (9.5 mm) 100 No. 4 (4.75 mm) 95-100 No. 16 (1.18 mm) 45-80 No. 30 (0.60 mm) 25-55 No. 50 (0.30 mm) 10-30 No. 100 (0.15 mm) 2-10 2/17/89 Blending will be permitted, if necessary, in order to meet the gradation requirements for fine aggregate. Fine aggregate deficient in the percentage of material passing the No. 50 mesh sieve may be accepted, pro- vided that such deficiency does not exceed 5% and is remedied by the addition of pozzolanic or cementi- tious materials other than Portland cement, as specified in 610-2.6 on admixtures, in sufficient quantity to produce the required workability as approved by the Engineer. 610-2.4 CEMENT. Cement shall conform to the requirements of [ ] Type [ The Contractor shall furnish vendors' certified test reports for each carload, or equivalent, of cement shipped to the project. The report shall be delivered to the Engineer before permission to use the cement is granted. All such test reports shall be subject to verification by testing sample materials received for use on the project. 610-2.5 WATER. The water used in concrete shall be free from sewage, oil, acid, strong alkalies, vegeta- ble matter, and clay and loam. If the water is of questionable quality, it shall be tested in accordance with AASHO T 26. 610-2.6 ADMIXTURES. The use of any material added to the concrete mix shall be approved by the Engineer. Before approval of any material, the Contractor shall be required to submit the results of com- plete physical and chemical analyses made by an acceptable testing laboratory. Subsequent tests shall be made of samples taken by the Engineer from the supply of the material being furnished or proposed for use on the work to determine whether the admixture is uniform in quality with that approved. Pozzolanic admixtures shall be fly ash or raw or calcined natural pozzolons meeting the requirements of ASTM C 618. Air -entraining admixtures shall meet the requirements of ASTM C 260. Air -entraining admixtures shall be added at the mixer in the amount necessary to produce the specified air content. Water -reducing, set -controlling admixtures shall meet the requirements of ASTM C 494, Type A, water - reducing or Type D, water -reducing and retarding. Water -reducing admixtures shall be added at the mixer separately from air -entraining admixtures in accordance with the manufacturer's printed instructions. 610-2.7 PREMOLDED JOINT MATERIAL. Premolded joint material for expansion joints shall meet the requirements of ASTM [ ] 610 - 2 2/17/89 AC 150/5370-10A r+ 610-2.8 JOINT FILLER. The filler for joints shall meet the requirements of Item P-605, unless otherwise specified in the proposal. 610-2.9 STEEL REINFORCEMENT. Reinforcing shall -consist of( ] conforming to the require- ments of [ ]. 610-2.10 COVER MATERIALS FOR CURING. Curing materials shall conform to one of the following specifications: Waterproof Paper for Curing Concrete ASTM C 171 Polyethylene Sheeting for Curing Concrete ASTM C 171 Liquid Membrane -Forming Compounds for Curing Concrete ASTM C 309, Type 2 CONSTRUCTION METHODS 610-3.1 GENERAL. The Contractor shall furnish all labor, materials, and services necessary for, and inci- dental to, the completion of all work as shown on .the drawings and specified herein. All machinery and equipment owned or controlled by the Contractor, which he proposes to use on the work, shall be of suffi- cient size to meet the requirements of the work, and shall be such as to produce satisfactory work; all work shall be subject to the inspection and approval of the Engineer. 610-3.2 CONCRETE COMPOSITION. The concrete shall develop a compressive strength of j ] psi in 28 days as determined by test cylinders made in accordance with ASTM C 31 and tested in accordance with ASTM C 39. The concrete shall contain not less than 470 pounds of cement per cubic yard (280 kg per cubic meter). The concrete shall contain 5 percent of entrained air, plus or minus 1 percent, as determined by ASTM C 231 and shall have a slump of not more than 4 inches (10 cm) as determined by ASTM C 143. 610-3.3 ACCEPTANCE SAMPLING AND TESTING. Concrete for each structure will be accepted on the basis of the compressive strength specified in paragraph 3.2. The concrete shall be sampled in accord- ance with ASTM C 172. Compressive strength specimens shall be made in accordance with ASTM C 31 and tested in accordance with ASTM C 39. Concrete cylindrical test specimens shall be made in accordance with ASTM C 31 and tested in accordance with ASTM C 39. The Contractor shall cure and store the test specimens under such conditions as directed. The Engineer will make the actual tests on the specimens at no expense to the Contractor. 610 - 3 AC 150/5370-10A 2/17/89 610-3.4 PROPORTIONING AND MEASURING DEVICES. When package cement is used, the quantity for each batch shall be equal to one or more whole sacks of cement. The aggregates shall be measured separately by weight. If aggregates are delivered to the mixer in batch trucks, the exact amount for each mixer charge shall be contained in each batch compartment. Weighing boxes or hoppers shall be approved by the Engineer and shall provide means of regulating the flow of aggregates into the batch box so that the required and exact weight of aggregates can be readily obtained. ~~ 610-3.5 CONSISTENCY. The consistency of the concrete shall be checked by the slump test specified in ASTM C 143. 610-3.6 MIXING. Concrete may be mixed at the construction site, at a central point, or wholly or in part in truck mixers. The concrete shall be mixed and delivered in accordance with the requirements of ASTM C 94. 610-3.7 MIXING CONDITIONS. The concrete shall be mixed only in quantities required for immediate use. Concrete shall not be mixed while the air temperature is below 40° F (4' C) without permission of the Engineer. If permission is granted for mixing under such conditions, aggregates or water, or both, shall be heated and the concrete shall be placed at a temperature not less than 50° (10° C) nor more than 100° F (38° Q. The Contractor shall be held responsible for any defective work, resulting from freezing or injury in any manner during placing and curing, and shall replace such work at his/her expense. Retempering of concrete by adding water or any other material shall not be permitted. The delivery of concrete to the job shall be in such a manner that batches of concrete will be deposited at uninterrupted intervals. 610-3.8 FORMS. Concrete shall not be placed until all the forms and reinforcements have been inspected and approved by the Engineer. Forms shall be of suitable material and shall be of the type, size, shape, quality, and strength to build the structure as designed on the plans. The forms shall be true to line and grade and shall be mortar -tight and sufficiently rigid to prevent displacement and sagging between supports. The Contractor shall bear responsibility for their adequacy. The surfaces of forms shall be smooth and free from irregularities, dents, sags, and holes. The internal ties shall be arranged so that, when the forms are removed, no metal will show in the concrete surface or discolor the surface when exposed to weathering. All forms shall be wetted with water or with a nonstaining mineral oil which shall be applied shortly before the concrete is placed. Forms shall be con- structed so that they can be removed without injuring the concrete or concrete surface. The forms shall not be removed before the expiration of at least 30 hours from vertical faces, walls, slender columns, and similar structures; forms supported by falsework under slabs, beams, girders, arches, and similar construction shall not be removed until tests indicate that at least 60% of the design strength of the concrete has developed. 610-3.9 PLACING REINFORCEMENT. All reinforcement shall be accurately placed, as shown on the plans, and shall be firmly held in position during concreting. Bars shall be fastened together at intersections. The reinforcement shall be supported by approved metal chairs. Shop drawings, lists, and bending details shall be supplied by the Contractor when required. 610-3.10 EMBEDDED ITEMS. Before placing concrete, any items that are to be embedded shall be firmly and securely fastened in place as indicated. All such items shall be clean and free from coating, rust, scale, oil, or any foreign matter. The embedding of wood shall be avoided. The concrete shall be spaded and consolidated around and against embedded items. 610-3.11 PLACING CONCRETE. All concrete shall be placed during daylight, unless otherwise ap- proved. The concrete shall not be placed until the depth and character of foundation, the adequacy of forms and falsework, and the placing of the steel reinforcing have been approved. Concrete shall be placed as soon as practical after mixing and in no case later than 1 hour after water has been added to the mix. The method and manner of placing shall be such to avoid segregation and displacement of the reinforcement. Troughs, pipes, and chutes shall be used as an aid in placing concrete when necessary. Dropping the concrete a dis- tance of more than 5 feet (1.5 m), or depositing a large quantity at one point, will not be permitted. Con- crete shall be placed upon clean, damp surfaces, free from running water, or upon properly consolidated soil. 610 — 4 The concrete shall be compacted with suitable mechanical vibrators operating within the concrete. When necessary, vibrating shall be supplemented by hand spading with suitable tools to assure proper and ade- quate compaction. Vibrators shall be manipulated so as to work the concrete thoroughly around the rein- forcement and embedded fixtures and into comers and angles of the forms. The vibration at any joint shall be of sufficient duration to accomplish compaction but shall not be prolonged to the point where segrega- tion occurs. Concrete deposited under water shall be carefully placed in a compact mass in its final position by means of a tremie, a closed bottom dump bucket, or other approved method and shall not be disturbed after being deposited. 610-3.12 CONSTRUCTION JOINTS. When the placing of concrete is suspended, necessary provisions shall be made for joining future work before the placed concrete takes its initial set. For the proper bonding of old and new concrete, such provisions shall be made for grooves, steps, keys, dovetails, reinforcing bars or other devices as may be prescribed. The work shall be arranged so that a section begun on any day shall be finished during daylight of the same day. Before depositing new concrete on or against concrete which has hardened, the surface of the hardened concrete shall be cleaned by a heavy steel broom, roughened slightly, wetted, and covered with a neat coating of cement paste or grout. 610-3.13 EXPANSION JOINTS. Expansion joints shall be constructed at such points and of such dimen- sions as may be indicated on the drawings. The premolded filler shall be cut to the same shape as that of the surfaces being joined. The filler shall be fixed firmly against the surface of the concrete already in place in such manner that it will not be displaced when concrete is deposited against it. 610-3.14 DEFECTIVE WORK. Any defective work disclosed after the forms have been removed shall be immediately removed and replaced. If any dimensions are deficient, or if the surface of the concrete is bulged, uneven, or shows honeycomb, which in the opinion of the Engineer cannot be repaired satisfactori- ly, the entire section shall be removed and replaced at the expense of the Contractor. 610-3.15 SURFACE FINISH. All exposed concrete surfaces shall be true, smooth, free from open or rough spaces, depressions, or projections. The concrete in horizontal plane surfaces shall be brought flush with the finished top surface at the proper elevation and shall be struck -off with a straightedge and floated. Mortar finishing shall not be permitted, nor shall dry cement or sand -cement mortar be spread over the M' concrete during the finishing of horizontal plane surfaces. When directed, the surface finish of exposed concrete shall be a rubbed finish. If forms can be removed while the concrete is still green, the surface shall be pointed and wetted and then rubbed with a wooden float until all irregularities are removed. If the concrete has hardened before being rubbed, a carborundum stone shall be used to finish the surface. When approved, the finishing can be done with a rubbing machine. 610-3.16 CURING AND PROTECTION. All concrete shall be properly cured and protected by the Con- tractor. The work shall be protected from the elements, flowing water, and from defacement of any nature during the building operations. The concrete shall be cured as soon as it has sufficiently hardened by cover- ing with an approved material. Water -absorptive coverings shall be thoroughly saturated when placed and �". kept saturated for a period of at least 3 days. All curing mats or blankets shall be sufficiently weighted or tied down to keep the concrete surface covered and to prevent the surface from being exposed to currents of air. Where wooden forms are used, they shall be kept wet at all times until removed to prevent the opening of joints and drying out of the concrete. Traffic shall not be allowed on concrete surfaces for 7 days after the concrete has been placed. 610-3.17 DRAINS OR DUCTS. Drainage pipes, conduits, and ducts that are to be encased in concrete shall be installed by the Contractor before the concrete is placed. The pipe shall be held rigidly so that it will not be displaced or moved during the placing of the concrete. 610-3.18 COLD WEATHER PROTECTION. When concrete is placed at temperatures below 40' F (4° C), the Contractor shall provide satisfactory methods and means to protect the mix from injury by freezing. The aggregates, or water, or both, shall be heated in order to place the concrete at temperatures between 50° and 100° F (10° and 38° Q. Calcium chloride may be incorporated in the mixing water when directed by the Engineer. Not more than 2 pounds (908 grams) of Type 1 nor more than 1.6 pounds (726 grams) of Type 2 shall be added per bag of cement. After the concrete has been placed, the Contractor shall provide sufficient protection such as cover, r4 610 - 5 AC 150/5370-10A 2/17/89 canvas, framework, heating apparatus, etc., to enclose and protect the structure and maintain the tempera- ture of the mix at not less than 50° F (10° C) until at least 60% of the designed strength has been attained. 610-3.19 FILLING JOINTS. All joints which require filling shall be thoroughly cleaned, and any excess mortar or concrete shall be cut out with proper tools. Joint filling shall not be started until after final curing and shall be done only when the concrete is completely dry. The cleaning and filling shall be carefully done with proper equipment and in a manner to obtain a neat looking joint free from excess filler. METHOD OF MEASUREMENT 610-4.1 Portland cement concrete shall be measured by the number of cubic yards (cubic meters) of con- crete complete in place and. accepted. In computing the yardage of concrete for payment, the dimensions used shall be those shown on the plans or ordered by the Engineer. No measurements or other allowances shall be made for forms, falsework, cofferdams, pumping, bracing, expansion joints, or finishing of the con- crete. No deductions in yardage shall be made for the volumes of reinforcing steel or embedded items. 610-4.2 Reinforcing steel shall be measured by the calculated theoretical number of pounds (kg) placed, as shown on the plans, complete in place and accepted. The unit weight used for deformed bars shall be the weight of plain square or round bars of equal nominal size. If so indicated on the plans, the poundage to be paid for shall include the weight of metal pipes and drains, metal conduits and ducts, or similar materials indicated and included. BASIS OF PAYMENT 610-5.1 Payment shall be made at the contract unit price per cubic yard (cubic meter) for structural port - land cement concrete and per pound (kg) for reinforcing steel. These prices shall be full compensation for furnishing all materials and for all preparation, delivering and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete the item. Payment will be made under: Item P-610-5.1 Structural Portland Cement Concrete—per cubic yard (cubic meter) Item P-610-5.1 Steel Reinforcement—per pound (kg) TESTING REQUIREMENTS ASTM C 31 Making and Curing Test Specimens in the Field ASTM C 39 Compressive Strength of Cylindrical Concrete Specimens ASTM C 136 Sieve or Screen Analysis of Fine and Coarse Aggregate ASTM C 138 Unit Weight, Yield, and Air Content of Concrete ASTM C 143 Slump of Portland Cement Concrete ASTM C 231 Air Content of Freshly Mixed Concrete by the Pressure Method MATERIAL REQUIREMENTS ASTM A 184 Specification for Fabricated Deformed Steel Bar Mats for Concrete Reinforcement ASTM A 185 Welded Steel Wire Fabric for Concrete Reinforcement 610 - 6 r 610 - 7 2/17/69 AC 150/5370-10A ASTM A 497 Specification for Welded Deformed Steel Wire Fabric for Concrete Pavement ASTM A 615 Deformed and Plain Billet -Steel Bars for Concrete Reinforce- ment -_� ASTM C 33 Concrete Aggregates ASTM C 94 Ready -Mixed Concrete ASTM C 150 Portland Cement ASTM C 171 Sheet Materials for Curing Concrete a, ASTM C 260 Air -Entraining Admixtures for Concrete ASTM C 309 Liquid Membrane -Forming Compounds for Curing Concrete ASTM C 595 Blend Hydraulic Cements ASTM C 618 Fly Ash and Raw or Calcined Natural Pozzolan for Use as a Mineral Admixture in Portland Cement Concrete ASTM D 1751 Specification for Preformed Expansion Joint Fillers for Con- crete Paving and Structrual Construction ASTM D 1752 Specification for Preformed Sponge Rubber and Cork Expan- sion Joint Fillers for Concrete Paving and Structurual Con- struction 610 - 7 .,r Modifications to ITEM P-620 RUNWAY AND TAXIWAY PAINTING r4 Item P-620 Runway and Taxiway Painting, of the project specifications shall be modified as follows: 1. Paragraph 620-1.1 - Add the following sentence to this paragraph: "This item shall also include reflective media as specified under paragraph 620-2.2 of this section." 2. Paragraph 620-2.1 Paint - Runway and taxiway paint shall meet the requirements of Federal Specification TT -P -1952B. Paint used to mark temporary displaced threshold or temporary closed runway may consist of diluted paint meeting this specification. 3. Paragraph 620-3.2 Equipment Insert the following paragraph: "The mechanical marker shall be an atomizing spray -type marking machine suitable for the application of traffic paint. It shall produce an even and uniform film thickness at the required coverage and shall be designed so as to apply marking of uniform cross sections and clear-cut edges without running or spattering. " 4. Paragraph 620-3.3 Preparation of Surface - Insert the following immediately after the first paragraph: "If paint flakes off or comes loose during the Contractor's guaranty period, the painted area shall be re -cleaned and re -painted at the Contractor's expense." 5. Paragraph 620-3.5 APPLICATION - In the third sentence of the second subparagraph, insert "48 hours" into the blank provided. 6. Insert the following new paragraph: "3.7 Defective Workmanship or Material. When any material not conforming to the requirements of the specifications or plans has been delivered to the project or incorporated int eh work or any work performed is of inferior quality, such material or work shall be considered defective and shall be corrected as directed by the Engineer, at the Contractor's expense." 7. Add the following new paragraph. 01272000 620- a �.•. 03/01 "620-3.7 REMOVING MARKINGS - Markings or stripes which are to be removed shall be removed by sandblasting, water blasting or other methods approved by the Engineer. Care shall be taken so that the pavement surface is not damaged in the removal process." 8. Paragraph 4. METHOD OF MEASUREMENT - The quantity of measurement of runway and taxiway painting and removal of runway and taxiway marking to be paid for shall be the number of square feet of painting or removal, including reflective media, regardless of the color of the paint applied or removed. Reference to measurement by any other basis shall be deleted. 8. Paragraph 5. BASIS OF PAYMENT - Payment shall be made at the contract unit price per square foot for runway and taxiway painting, including reflective media and removal of runway and taxiway marking. Reference to payment any other basis shall be deleted. Payment will be made under: Item P-620, Runway and Taxiway Painting, per square foot; and Item P-620, Removing Existing Pavement Painting, per square foot. " 01272000 620 -b 03/01 r. AC 150/5370-10A CHG 9 9/10/96 ITEM P-620 RUNWAY AND TAXIWAY PAINTING DESCRIPTION 620-1.1 This item shall consist of the painting of numbers, markings, and stripes on the surface of runways, taxiways, and aprons, in accordance with these specifications and at the locations shown on the plans, or as directed by the Engineer. MATERIALS 620-2.1 MATERIALS ACCEPTANCE. The Contractor shall furnish manufacturer's certified test reports for materials shipped to the project. The certified test reports shall include a statement that the materials meet the specification requirements. The reports can be used for material acceptance or the Engineer may perform verification testing. The reports shall not be interpreted as a basis for payment. The Contractor shall notify the Engineer upon arrival of a shipment of materials to the site. 620-2.2 PAINT. Paint shall be [Waterborne, Epoxy, Methacrylate, or Solvent base] in accordance with the requirements of paragraph 620-2.2[ ]. Paint shall be furnished in [ ] in accordance with Federal Standard No 595. Paint shall be furnished in [Type I — Standard drying time for no -pick-up] [Type H — Fast drying time for no -pick-up] when tested in accordance with ASTM D 711. a. WATERBORNE. Paint shall meet the requirements of Federal Specification TT -P-1952. b. EPDXY. Paint shall be a two component, minimum 99 percent solids type system conforming to the following: (1) Pigments. Component A. Percent by weight. (a) White: Titanium Dioxide, ASTM D 476, type II shall be 18 percent minimum (16.5 percent minimum at 100 percent purity). (b) Yellow and Colors: Titanium Dioxide, ASTM D 476, type II shall be 14 to 17 percent. Organic yellow, other colors, and tinting as required to meet color standard. ,.. Epoxy resin shall be 75 to 79 percent. 620 - 1 9/10/96 AC 150/5370-10A CHG 9 (2) Epoxy Content. Component A. The weight per epoxy equivalent, when tested in accordance with ASTM D 1652 shall be the manufacturer's target plus or minus 50. (3) Amine Number. Component B. When tested in accordance with ASTM D 2074 shall be the manufacturer's target plus or minus 50. (4) Prohibited Materials. The manufacturer shall certify that the product does not contain mercury, lead, hexavalent chromium, halogenated solvents, nor any carcinogen, as defined in 29 CFR 1910.1200. (5) Daylight Directional Reflectance: (a) White: The daylight directional reflectance of the white paint shall not be less than 75 percent (relative to magnesium oxide), when tested in accordance with Federal Test Method Standard No. 141, Method 6121. (b) Yellow: The daylight directional reflectance of the yellow paint shall not be less than 38 percent (relative to magnesium oxide), when tested in accordance with Federal Test Method Standard No. 141. The x and y values shall be consistent with the Federal Hegman yellow color standard chart for traffic yellow standard 33538, or shall be consistent with the tolerance listed below: x .462 x .470 x .479 x .501 y .438 y .455 y .428 y .452 (6) Accelerated weathering. (a) Sample preparation. Apply the paint at a wet film thickness of 0.013 inch (0.33 mm) to four 3 by 6 inch (8 by 15 cm) aluminum panels prepared as described in Federal Test Method Standard No. 141, Method 2013. Air dry the sample 48 hours under standard conditions. (b) Testing conditions. Test in accordance with ASTM G 53 using both Ultra Violet (UV- B) Light and condensate exposure, 72 hours total, alternating 4 hour UV exposure at 60 degree C, and 4 hours condensate exposure at 40 degrees C. (c) Evaluation. Remove the samples and condition for 24 hours under standard conditions. Determine the directional reflectance and color match using the procedures in paragraph 620-2.2b(5) above. Evaluate for conformance with the color requirements. (7) Volatile Organic Content. Determine the volatile organic content in accordance with 40 CFR Part 60 Appendix A, Method 24. (8) Dry opacity. Use Procedure B, Method B of Method 4121 of Federal Test Method Standard No. 141. The wet film thickness shall be 0.015 inch (0.12 mm). The minimum opacity for white and colors shall be 0.92. (9) Abrasion resistance. Subject the panels prepared in paragraph 620-2.2b(6) to the abrasion test in accordance with ASTM D 968, Method A, except that the inside diameter of the metal guide tube shall be from 0.747 to 0.750 inch (18.97 to 19.05 mm). Five liters of unused sand shall be used for each test panel. The test shall be run on two test panels. [Note: five liters of sand weighs 17.5 lb. (7.94 kg).] Both baked and weathered paint films shall require not less than 150 liters of sand for the removal of the paint films. (10) Hardness, Shore. Hardness shall be at least 80 when tested in accordance with ASTM D 2240. c. METHACRYLATE. Paint shall be a two component, minimum 99 percent solids type system conforming to the following.- (1) ollowing: (1) Pigments. Component A. Percent by weight. (a) White: 620-2 a AC 150/5370-10A CHG 9 9/10/96 Titanium Dioxide, ASTM D 476, type II shall be 6 percent minimum. Methacrylate resin shall be 18 percent minimum. Poll (b) Yellow and Colors: Titanium Dioxide, ASTM D 476, type II shall be 6 percent minimum. Organic yellow, other colors, and tinting as required to meet color standard. ,M.. Methacrylate resin shall be 18 percent minimum. (2) Prohibited Materials. The manufacturer shall certify that the product does not contain mercury, lead, hexavalent chromium, halogenated solvents, nor any carcinogen, as defined in 29 CFR 1910.1200. (3) Daylight Directional Reflectance: (a) White: The daylight directional reflectance of the white paint shall not be less than 80 percent (relative to magnesium oxide), when tested in accordance with Federal Test Method Standard No. 141, Method 6121. (b) Yellow: The daylight directional reflectance of the yellow paint shall not be less than 55 percent (relative to magnesium oxide), when tested in accordance with Federal Test Method Standard No. 141. The x and y values shall be consistent with the Federal Hegman yellow color standard chart for traffic yellow standard 33538, or shall be consistent with the tolerance listed below: x .462 x .470 x .479 x .501 y .438 y .455 y .428 y .452 (4) Accelerated weathering. (a) Sample preparation. Apply the paint at a wet film thickness of 0.013 inch (0.33 mm) to four 3 by 6 inch (8 by 15 cm) aluminum panels prepared as described in Method 2013 of Federal Test Method Standard No. 141. Air dry the sample 48 hours under standard conditions. (b) Testing conditions. Test in accordance with ASTM G 53 using both Ultra Violet (UV- B) Light and condensate exposure, 72 hours total, alternating 4 hour UV exposure at 60 degree C, and 4 hours condensate exposure at 40 degrees C. (c) Evaluation. Remove the samples and condition for 24 hours under standard conditions. Determine the directional reflectance and color match using the procedures in paragraph 620-2.2c(3) above. Evaluate for conformance with the color requirements. (5) Volatile Organic Content. Determine the volatile organic content in accordance with 40 CFR Part 60 Appendix A, Method 24. (6) Dry opacity. Use Procedure B, Method B of Method 4121 of Federal Test Method Standard No. 141. The wet film thickness shall be 0.015 inch (0.12 mm). The minimum opacity for white and colors shall be 0.92. (7) Abrasion resistance. Subject the panels prepared in paragraph 620-2.2c(4) to the abrasion test in accordance with ASTM D 968, Method A, except that the inside diameter of the metal guide tube shall be from 0.747 to 0.750 inch (18.97 to 19.05 mm). Five liters of unused sand shall be used for each test panel. The test shall be run on two test panels. [Note: five liters of sand weighs 17.5 lb. (7.94 kg).] Both baked and weathered paint films shall require not less than 150 liters of sand for the removal of the paint films. (8) Hardness, Shore. Hardness shall be at least 80 when tested in accordance with ASTM D 2240. 1, d. SOLVENT BASE. Paint shall meet the requirements of Federal Specification [TT -P-85, or TT -P-1101. 620-2.3 REFLECTIVE MEDIA. Glass beads shall meet the requirements of Fed. Spec. TT -B-1325, 620 — 3 9/10/96 AC 150/5370-10A CHG 9 [ ]. GIass beads shall be treated with adhesion promoting and/or flotation coatings as specified by the manufacturer of the paint. [620-2.4 SILICA SAND. Silica sand shall be foundry grade silica sand composed of at least 99.5 percent silicon dioxide when tested in accordance with ASTM C 146. The gradation of the silica sand shall meet the paint manufacturer's recommendations and shall approximate a 50/60 graded sand when tested in accordance with ASTM C-136.1 CONSTRUCTION METHODS 620-3.1 WEATHER LIMITATIONS. The painting shall be performed only when the surface is dry and when the surface temperature is at Ieast 45 degrees F (7 degrees C) and rising. 620-3.2 EQUIPMENT. Equipment shall include the apparatus necessary to properly clean the existing surface, a mechanical marking machine, a bead and/or silica sand dispensing machine, and such auxiliary hand -painting equipment as may be necessary to satisfactorily complete the job. The mechanical marker shall be an atomizing spray -type marking machine suitable for application of traffic paint. It shall produce an even and uniform film thickness at the required coverage and shall apply markings of uniform cross sections and clear-cut edges without running or spattering and without over spray. 620-3.3 PREPARATION OF SURFACE. Immediately before application of the paint, the surface shall be dry and free from dirt, grease, oil, laitance, or other foreign material which would reduce the bond between the paint and the pavement. The area to be painted shall be cleaned by sweeping and blowing or by other methods as required to remove all dirt, laitance, and loose materials. [Paint shall not be applied to Portland cement concrete pavement until the areas to be painted are clean of curing material. Sandblasting or high pressure water shall be used to remove curing materials.] 620-3.4 LAYOUT OF MARKINGS. The proposed markings shall be laid out in advance of the paint application. The locations of markings to receive glass beads shall be shown on the plans. [The locations of markings to receive silica sand shall be shown on the plans.] 620 — 4 AC 150/5370-10A CHG 9 620-3.5 APPLICATION. Paint shall be applied at the locations and to the dimensions and spacing shown on the plans. Paint shall not be applied until the layout and condition of the surface have been approved by the Engineer. The paint shall be mixed in accordance with the manufacturer's instructions and applied to the pavement with a marking machine at the rate(s) shown in Table 1. The addition of thinner will not be permitted. A period of [ shall elapse between placement of a bituminous surface course or seal coat and application of the paint. TABLE 1. APPLICATION RATES FOR PAINT, GLASS BEADS, AND SILICA SAND 9/10/96 620 — 5 Paint Glass Beads, Type I, Glass Beads, Silica Sand Square feet per Gradation A Type III Pounds per gallon gallon, ft2/gal Pounds per gallon of Pounds per gallon of of paint—lb./gal. (Square meters per paint—lb./gal. paint—lb./gal. (Kilograms per Paint Type liter, m2/1) (Kilograms per liter (Kilograms per liter liter of paint—kg/1 of paint—kg/I) of paint—kg/1 620 — 5 9/10/96 AC 150/5370-10A CHG 9 The edges of the markings shall not vary from a straight Iine more than 1/2 inch (12 mm) in 50 feet (I5 m), and the dimensions shall be within a tolerance of plus or minus 5 percent. Glass beads shall be distributed upon the marked areas at the locations shown on the plans to receive glass beads immediately after application of the paint. A dispenser shall be furnished which is properly designed for attachment to the marking machine and suitable for dispensing glass beads. Glass beads shall be applied at the rate(s) shown in Table 1. Glass beads shall not be applied to black paint. [Silica sand shall be distributed upon the marked areas at the locations shown on the plans to receive silica sand immediately after application of the paint. A dispenser shall be furnished which is properly designed for attachment to the marking machine and suitable for dispensing silica sand. Silica sand shall be applied at the rate(s) shown in Table 1. Glass beads [and silica sand] shall adhere to the cured paint or all marking operations shall cease until corrections are made. All emptied containers shall be returned to the paint storage area for checking by the Engineer. The containers shall not be removed from the airport or destroyed until authorized by the Engineer. 620-3.6 PROTECTION. After application of the paint, all markings shall be protected from damage until the paint is dry. All surfaces shall be protected from disfiguration by spatter, splashes, spillage, or drippings of paint. METHOD OF MEASUREMENT 620-4.1 The quantity of runway and taxiway markings to be paid for shall be [the number of square feet (square meters) of painting [, the number of pounds (kilograms of silica sand,] and the number of pounds (kilograms) of reflective media] [one complete item in place] performed in accordance with the specifications and accepted by the Engineer. BASIS OF PAYMENT 620-5.1 Payment shall be made at the respective contract [price per square foot (square meter)] [lump sum price] for runway and taxiway painting [, [price per pound (kilogram)] [lump sum price] for silica sand,] and [price per pound (kilogram)] [Iump sum price] for reflective media. This price shall be full compensation for furnishing all materials and for all labor, equipment, tools, and incidentals necessary to complete the item. Payment will be made under: Item P-620-5.1-1 Runway and Taxiway Painting [per square foot (square meter)] [lump sum] Item P-620-5.1-2 Reflective Media [per pound (kilogram)] [lump sum] Item P-620-5.1-3Silica Sand [per pound (kilogram)] [lump sum] 620 — 6 AC 150/5370-10A CHG 9 9/10/96 TESTING REQUIREMENTS ASTM C-146 Chemical Analysis of GIass Sand ASTM C 371 Wire -Cloth Sieve Analysis of Nonplastic Ceramic Powders ASTM D 92 Test Method for Flash and Fire Points by Cleveland Open Cup ASTM D 711 No -Pick -Up Time of Traffic Paint ASTM D 968 Standard Test Methods for Abrasion Resistance of Organic Coatings by Falling Abrasive ASTM D 1652 Test Method for Epoxy Content of Epoxy Resins ASTM D 2074 Test Method for Total Primary, Secondary, and Tertiary Amine Values of Fatty Amines by Alternative Indicator Method ASTM D 2240 Test Method for Rubber Products-Durometer Hardness ASTM G 53 Operating Light and Water -Exposure Apparatus (Florescent UV -Condensation Type) for Exposure of Nonmetallic Materials. Federal Test Method Paint, Varnish, Lacquer and Related Materials; Methods of Inspection, Standard No. 141 Sampling and Testing MATERIAL REQUIREMENTS ASTM D 476 Specifications for Titanium Dioxide Pigments Code of Federal Regulations 40 CFR Part 60, Appendix A 29 CFR Part 1910.1200 Fed. Spec. TT -B-1325 Beads (Glass Spheres) Retroreflective Fed. Spec. TT -P-85 Paint, traffic and Airfield Marking, Solvent Base Fed. Spec. TT -P-110 Paint, Traffic Black (Nonreflectorized) Fed. Spec. TT -P-1952 Paint, traffic and Airfield Marking, Waterborne Federal Standard 595 Colors used in Government Procurement 620 — 7 No Text t t 6. Paragraph 5 BASIS OF PAYMENT - Delete this ,entire paragraph and insert the following: "Counterpoise, underground cable, trenching and backfilling shall not be paid for separately, but shall be considered subsidiary to other contract items." F^'t 2/17/89 AC 150/5370-10A ITEM L-108 INSTALLATION OF UNDERGROUND CABLE FOR AIRPORTS DESCRIPTION 108-1.1 This item shall consist of furnishing and installing underground cable in accordance with these specifications at the locations shown in the plans. This item shall include the excavation and backfill of the trench and the installation of cable and counterpoise wire in trench, duct or conduit. It shall include splic- ing, cable marking, and testing of the installation and all incidentals necessary to place the cable in operating condition as a completed unit to the satisfaction of the Engineer. This item shall not include the installation of the duct or conduit. EQUIPMENT AND MATERIALS 108-2.1 GENERAL. a. Airport lighting equipment and materials covered by Federal Aviation Administration (FAA) speci- fications shall have the prior approval of the FAA, and are listed in Advisory Circular (AC) 150/5345-1, Approved Airport Equipment. b. All other equipment and materials covered by other referenced specifications shall be subject to acceptance through manufacturer's certification of compliance with the applicable specification, when re- quested by the Engineer. 108-2.2 CABLE. Underground cable shall conform to the requirements of AC 150/5345-7, Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits. If telephone control cable is specified, copper shielded, polyethylene insulated and jacketed, No. 19 AWG telephone cable conforming to the United States Department of Agriculture, Rural Electrification Adminis- tration (REA) Bulletin 345-14, REA Specification for Fully Color -Coded, Polyethylene Insulated, Double Polyethylene -Jacketed Telephone Cables for Direct Burial, shall be used. Where counterpoise conductors are to be installed and where soil conditions would adversely affect bare copper wire, thermoplastic wire conforming to Fed. Spec. J -C-30, Type TW, 600 volt, may be used. Cable type, size, number of conductors, strand and service voltage shall be specified in the plans and/or proposal. 108-2.3 BARE COPPER WIRE (COUNTERPOISE). Bare copper wire for counter -poise installations shall be stranded wire conforming to ASTM Specifications B 3 and B 8. 108-2.4 CABLE CONNECTIONS. In-line connections of underground primary cables shall be of the type called for in the plans or in the proposal, and shall be one of the types listed below. When the plans or the proposal permit a choice of connection, the Contractor shall indicate in the bid the type of connection he proposes to furnish. a. The Cast Splice. A cast splice, employing a plastic mold and using epoxy resin equal to that manu- factured by Minnesota Mining and Manufacturing Company, "Scotchcast" Kit No. 82--A, or as manufac- tured by Hysol Corporation, "Hyseal Epoxy Splice" Kit No. E1135, for potting the splice is approved. This means of splicing is the only type approved for telephone control cable. b. The Vulcanized Splice. A vulcanized 'splice employing Joy Manufacturing Company's Vulcanizing Kit No. X-1604-8 or equal is approved for field vulcanized splices. The proper molds for various cable sizes shall be used. e. The Field -attached Plug-in Splice. Figure 3 of AC 150/5345-26, Specification for L-823 Plug and Receptacle, Cable Connectors, employing connector kits, is approved for field attachment to single conduc- tor cable. 108 - 1 AC 150/5370-10A 2/17/89 d. The Factory -Molded Plug-in Splice. Specification for L-823 Connectors, Factory -Molded to Indi- vidual Conductors, are approved. e. The Taped Splice. Taped splices employing field -applied rubber, or synthetic rubber tape covered with plastic tape are approved. The rubber tape should meet the requirements of Mit. Spec. MIL -I-3825 and the plastic tape should comply with Mil. Spec. MIL -I-7798 or Fed. Spec. HH -I-595. In all the above cases, connections of cable conductors shall be made using crimp connectors utilizing a crimping tool de- signed. To make a complete crimp before the tool can be removed. No. 19 AWG telephone control wires may be connected by means of wrapped and soldered splice, 3M Company Moisture Proof UR Type Con- nector, or equal, or by a method approved by the Engineer. 108-2.5 CONCRETE. Concrete for cable markers shall conform to Specification Item P-610, "Structural Portland Cement Concrete." CONSTRUCTION METHODS 108-3.1 GENERAL. The Contractor shall install the specified cable at the approximate locations indicat= ed in the airport lighting layout plans. The Engineer shall indicate specific locations. Cable connections between lights will be permitted only at the light locations for connecting the under- ground cable to the primary leads of the individual insulating transformers. The Contractor shall be respon- sible for providing cable in continuous lengths for home runs or other long cable runs without connections, unless otherwise authorized in writing by the Engineer or shown in the plans. 108-3.2 INSTALLATION IN DUCT OR CONDUIT. This item includes the installation of the cable in duct or conduit as described below. The maximum number and voltage ratings of cables installed in each single duct or conduit, and the current -carrying capacity of each cable shall be in accordance with the latest National Electric Code, or, the code of the local agency having jurisdiction. The Contractor shall make no.connections or joints of any kind in cables installed in conduits or ducts. The duct or conduit shall be installed as a separate item in accordance with Item L-110, "Installation of Airport Underground Electrical Duct." The Contractor shall make sure that the duct is open, continuous, and clear of debris before installing cable. The cable shall be installed in a manner to prevent harmful stretching of the conductor, injury to the insulation, or damage to the outer protective covering. The ends of all cables shall be sealed with moisture -seal tape before pulling into the conduit and it shall be left sealed until connections are made. Where more than one cable is to be installed in a duct under the same contract, all cable shall be pulled in the duct at the same time. The pulling of a cable through ducts or conduits may be accomplished by handwinch or power winch with the use of cable grips or pulling eyes. Pulling tensions should be governed by recommended standard practices for straight pulls or bends. A lubricant recommend- ed for the type of cable being installed shall be used where pulling lubricant is required. Duct or conduit - markers temporarily removed for excavations shall be replaced as required. 108-3.3 TRENCHING. Where turf is well established and the sod can be removed, it shall be carefully stripped and properly stored. Trenches for cables may be excavated manually or with mechanical trenching equipment. Walls of trenches shall be essentially vertical so that a minimum of shoulder surface is disturbed. Road patrols or graders shall not be used to excavate the trench with their blades. The bottom surface of trenches shall be essentially smooth and free from coarse aggregate. Unless otherwise specified, cable trenches shall be excavated to a minimum depth of 18 inches (45 cm) below finished grade, except as fol- lows: a. When off the airport or crossing under a roadway or driveway, the minimum depth shall be 36 inches (90 cm) unless otherwise specified. b. Minimum cable depth when crossing under a railroad track, shall be 42 inches (105 cm) unless oth- erwise specified. The Contractor shall excavate all cable trenches to a width not less than 6 inches (150 mm). The trench shall be widened where more than two cables are to be installed parallel in the same trench. Unless other - 108 - 2 rte, 2/17/89 AC 150/5370-10A wise specified in the plans, all cables in the same location and running in the same general direction shall be installed in the same trench. When rock excavation is encountered, the rock shall be removed to a depth of at least 3 inches (75 mm) below the required cable depth and it shall be replaced with bedding material of earth or sand containing no mineral aggregate particles that would be retained on a 1/4 -inch (6 mm) sieve. The Contractor shall ascer- tain the type of soil or rock to be excavated before bidding. All excavation shall be unclassified. 108-3.4 INSTALLATION IN TRENCHES. The Contractor shall not use a cable plow for installing the cable. Mechanical cable -laying equipment may be used in conjunction with a trenching machine if specified on project plans and specifications; and it should provide for physical inspection of cable prior to back- filling. Sharp bends or kinks in the cable shall not be permitted. Cables shall be unreeled in place alongside or in the trench and shall be carefully placed along the bottom of the trench. The cable shall not be unreeled and pulled into the trench from one end. Where two or more cables are laid parallel in the same trench, they shall be placed laterally a minimum distance of 3 inches (75 mm) apart, and the trench shall be widened sufficiently to accomplish this. Cables crossing over each other shall have a minimum of 3 -inch (75 mm) vertical displacement with the topmost cable depth at or below the minimum required depth below finished grade. Not less than 1 foot (30 cm) of cable slack shall be left on each side of all connections, insulating transform- ers, light units, and at all other points where cable is connected to field equipment. The slack cable shall be placed in the trench in a series of S curves. Additional slack cable shall be left in runway light bases, hand - holes, manholes, etc., where it is required to bring the cable above ground level to make connections. The amount of slack cable shall be stipulated by the Engineer, or as shown in the plans and specifications. 108-3.5 BACKFILLING. After the cable has been .installed, the trench shall be 3 inches (75 mm) deep, loose measurement, and shalt be either earth or sand containing no mineral aggregate particles that would be retained on a 1/4 -inch (6 m) sieve. This layer shall not be compacted. the second layer shall be 5 inches (125 mm) deep, loose measurement, and shall contain no particles that would be retained on a 1 -inch (25.0 mm) sieve. The remainder of the 'backfill shall be excavated or imported mineral and zhalI not con- tain stone or aggregate larger than 4 inches (100 mm) maximum diameter. The third and subsequent layers of the backfill shall not exceed 8 inches (200 mm) in maximum depth, loose measurement. The second, and subsequent layers shall be thoroughly tamped and compacted to at least the density of the adjacent undisturbed soil, and to the satisfaction of the Engineer. If necessary to obtain the desired compac- tion, the backfill material shall be moistened or aerated as required. Trenches shall not be excessively wet and shall not contain pools of water during backfilling operations. The trench shall be completely backfilled and tamped level with the adjacent surface, except that when sod is to be placed over the trench, the backfilling shall be stopped at a depth equal to the thickness of the sod to be used, with proper allowance for settlement. Any excess excavated material shall be removed and dis- posed of in accordance with instructions issued by the Engineer. 108-3.6 RESTORATION. Where sod has been removed, it shall be replaced as soon as possible after the backfilling is completed. All areas disturbed by the trenching, storing of dirt, cable laying, pad construction, and other work shall be restored to its original condition. The restoration shall include any necessary top - soiling, fertilizing, liming, seeding, sodding, sprigging or mulching. All such work shall be performed in accordance with the FAA standard turfing specifications. the Contractor shall be held responsible for main - twining all disturbed surfaces and replacements until final acceptance. 108-3.7 CABLE MARKERS. The location of runway light circuits shall be marked by a concrete slab "^ marker, 2 feet (60 cm) square and 4 inches (100 mm) thick, extending approximately I inch (25 mm) above the surface. Each cable run from the line of runway lights to the equipment vault shall also be marked at approximately every 200 feet (60 m) along the cable run, with an additional marker at each change of direc- tion of cable run. All other cable buried directly in the earth shall be marked in the same manner. The Contractor shall not install slab markers where cable lies in straight lines between obstruction light poles which are spaced 300 feet (90 m) apart, or less. Cable markers shall be installed immediately above the cable. The Contractor shall impress the word "cable" and directional arrows on each cable marking slab. 108 - 3 AC 150/5370-10A 2/17/89 The letters shall be approximately 4 inches (100 mm) high and 3 inches (75 mm) wide, with width of stroke 1/2 inch (12 mm) and 1/4 inch (6 mm) deep. The location of each underground cable connection, except at lighting units or insulating transformers, shall be marked by a concrete marker slab placed above the connection. The Contractor shall impress the word "splice" on each slab. He also shall impress additional circuit identification symbols on each slab if so de- sired by the Engineer. 108-3.8 SPLICING. Connections of the type shown in the plans shall be made by experienced personnel regularly engaged in this type of work and shall be made as follows: a. Cast Splices. These shall be made by using crimp connectors for jointing conductors. Molds shall be assembled, and the compound shall be mixed and poured in accordance with manufacturer's instructions and to the satisfaction of the Engineer. b. Vulcanized Splices. These shall be made by using crimp connectors for joining conductors. The splice shall be made, using compounds furnished by the manufacturer, in accordance with his/her instruc- tions and to the satisfaction of the Engineer. c. Field -attached Plug-in Splices. These shall be assembled in accordance with manufacturer's in- structions. These splices shall be made by plugging directly into mating connectors. In all cases the joint - where the connectors come together shall be wrapped with at least one layer of rubber or synthetic rubber tape and one layer of plastic tape, one-half lapped, extending at least 1-1/2 inches (37 mm) on each side of the joint. — d. Factory -Molded Plug-in Splices. These shall be made by plugging directly into mating connectors. In all cases, the joint where the connectors come together shall be wrapped with at least one layer of rubber or synthetic rubber tape and one layer of plastic tape, one-half lapped, extending at least 1-1/2 inches (37 mm) on each side of the joint. e. Taped Splices. A taped splice shall be made in the following manner: Bring the cables to their final position and cut so that the conductors will butt. Remove insulation and jacket allowing for bare conductor of proper length to fit compression sleeve connector with 1/4 inch (6 mm) of bare conductor on each side of the connector. Use a sharp knife to pencil insulation and jacket at - approximately the same angle as a pencil point. Care must be taken to avoid nicking or injuring the conduc- tor during removal of insulation or penciling. Do not use emery paper on splicing operation since it contains metallic particles. The copper conductors shall be thoroughly cleaned. Join the conductors by inserting them equidistant into the compression connection sleeve. Crimp conductors firmly in place with crimping tool that requires a complete crimp before tool can be removed. Test the crimped connection by pulling on the cable. Scrape the insulation to assure that the entire surface over which the tape will be applied (plus 3 inches (75 mm) on each end) is clean. After scraping wipe the entire area with a clean lint -free cloth. Do — not use solvents. Apply high-voltage rubber tape one-half lapped over bare conductor. This tape should be tensioned as rec- ommended by the manufacturer. Voids in the connector area may be eliminated by highly elongating the tape stretching it just short of its breaking point. Throughout the rest of the splice less tension should be used. Always attempt to exactly half -lap to produce a uniform buildup. Continue buildup to 1-1/2 times cable diameter over the body of the splice with ends tapered a distance of approximately 1 inch (25 mm) over the original jacket. Cover rubber tape with two layers of vinyl pressure -sensitive tape one-half lapped. Do not use glyptol or lacquer over vinyl tape as they react as solvents to the tape. No further cable cover- ing or splice boxes are required. If shielded cable is to be spliced, prepare cable as for a regular taped splice, except that the neoprene jacket shall be removed a distance not less than 5 inches (125 mm) from the beginning of the penciled portion. Carefully unwrap the shielding tape from that portion where jacket has been removed and cut off so that it — extends about I inch (25 mm) from end of the jacket. Proceed with the taped splice as described above and tape up to 1/4 inch (6 mm) from the shield on both ends. Build up rubber tape to a thickness equal to the insulation thickness or 5/16 inch (9 mm) over connector. 108 - 4 2/17/89 AC 150/5370-10A Next wrap one-half lapped layer of semi -conducting tape (Scotch No. 13 Semi -Conducting Tape, or equal) over splicing tape and 1/4 inch (6 mm) onto the shielding tape. Wrap a fine, flat shielding braid one-half lapped over the splice extending 1/2 inch (12 mm) onto the metallic shielding. Solder ends of braid to metal- lic shielding tape. A bonding wire, (Minimum No. 14 Stranded Copper) equal to the current carrying capac- ity of the metallic shield, should have the individual strands wrapped around the metallic shield at both ends of the splice. These strands should be tack soldered to the shield in several places. The cable sheath should be replaced by wrapping with two one-half lapped layers of vinyl tape extending 2 inches (50 mm) onto the cable jacket. .*b The above described splice is for a straight -through splice with continuity of shielding. 108-3.9 BARE COUNTERPOISE WIRE INSTALLATION AND GROUNDING FOR LIGHTNING s -q+ PROTECTION. If shown in the plans or specified in job specifications, a stranded bare copper wire, No. 8 AWG minimum size, shall be installed for lightning protection of the underground cables. The bare counter- poise wire shall be installed in the same trench for the entire length of the insulated cables it is designed to protect, and shall be placed at a distance of approximately 4 inches (100 mm) from the insulated cable. The ®„ counterpoise wire shall be securely attached to each light fixture base, or mounting stake. The counterpoise wire shall also be securely attached to copper or copper -clad ground rods installed not more than 1,000 feet (300 m) apart around the entire circuit. The ground rods shall be of the length and diameter specified in the plans, but in no case shall they be less than 8 -feet (240 cm) long nor less than 5/8 inch (15 mm) in diameter. The counterpoise system shall terminate at the transformer vault or at the power source. It shall be securely attached to the vault or equipment grounding system. The connections shall be made as shown in the project plans and specifications. 108-3.10 TESTING. The Contractor shall furnish all necessary equipment and appliances for testing the underground cable circuits after installation. The Contractor shall test and demonstrate to the satisfaction of the Engineer the following: a. That all lighting power and control circuits are continuous and free from short circuits. b. That all circuits are free from unspecified grounds. c. That the insulation resistance to ground of all nongrounded series circuits is not less than 50 me- gohms. d. That the insulation resistance to ground of all nongrounded conductors of multiple circuits is not less than 50 megohms. e. That all circuits are properly connected in accordance with applicable wiring diagrams. f. That all circuits are operable. Tests shall be conducted that include operating each control not less than 10 times and the continuous operation of each lighting and power circuit for not less than 1/2 hour. METHOD OF MEASUREMENT 108-4.1 Trenching shall be measured by the linear feet (meters) of trench, including the excavation, back- fill, and reconditioning, completed, measured as excavated, and accepted as satisfactory. When specified in the proposal, separate measurement shall be made for trenches of various specified widths. 108-4.2 Cable or counterpoise wire installed in trench shall be measured by the number of linear feet (meters) of cable or counterpoise wire installed in trenches, ready for operation, and accepted as satisfac- tory. Separate measurement shall be made for each cable or counterpoise wire installed in trench. 108-4.3 Cable or counterpoise wire installed in duct or conduit shall be measured by the number of linear feet (meters) measured in place, completed, ready for operation, and accepted as satisfactory. ... Separate measurement shall be made for each cable or counterpoise wire installed in duct or conduit. 108-5 AC 150/5370-10A BASIS OF PAYMENT 2/17/89 108-5.1 Payment will be made at the contract unit price for trenching cable and bare counterpoise wire installed in trench or duct in place by the Contractor and accepted by the Engineer. This price shall be full compensation for furnishing all materials and for all preparation and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete this item. Payment will be made under: Item L-108-5.1 Cable Trench --per linear foot (meter) Item L-108-5.2 Underground Cable, installed in trench --per liner foot (meter) Item L-108-5.3 Underground Cable, installed in duct or conduit-- er linear 108 - 6 P foot (meter) Item L-108-5.4 Bare Counterpoise Wire, installed in trench, including ground rods and ground connectors --per linear foot (meter) Item L-108-5.5 Bare Counterpoise Wire, installed in duct --per linear foot (meter) MATERIAL REQUIREMENTS AC 150/5345-7 Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits AC 150/5345-26 Specification for L-823 Plug and Receptacle Cable Connec- tors Fed.Spec.J-C-30 Cable and Wire, Electrical Power, Fixed Installation HH -I-595 Insulation Tape, Electrical, Pressure -Sensitive Adhesive, Plas- tic, for Low -Temperature Application ASTM B 3 Soft or Annealed Copper Wire ASTM B 8 Concentric -Lay -Stranded Cooper Conductor, Hard, Medium -Hard, or Soft MIL -I-3825 Insulation Tape, Electrical, Self -Fusing, For Use in Electron- ics, Communications, and AIlied Equipment MIL -I-7798 Insulation Tape, Electrical, Pressure -Sensitive Adhesive, Plas- tic 108 - 6 No Text la 2/17/89 AC 150/5370-10A ITEM L-109 INSTALLATION OF AIRPORT TRANSFORMER VAULT AND VAULT EQUIPMENT DESCRIPTION 109-1.1 This item shall consist of constructing an airport transformer vault or a prefabricated metal hous- ing these specifications in accordance with the design and dimensions shown in the plans. This work shall also include the installation of conduits in floor and foundation, painting and lighting of the vault or metal housing, and the furnishing of all incidentals necessary to produce a completed unit. Included as a separate part under this item or as a separate item where an existing vault is to be utilized shall be the furnishing of all vault equipment, wiring, electrical buses, cable, conduit, potheads, and grounding systems. This work shall also include the painting of equipment and conduit; the marking and labeling of equipment and the labeling or tagging of wires; the testing of the installation; and the furnishing of all incidentals necessary to place it in operating condition as a completed unit to the satisfaction of the Engineer. EQUIPMENT AND MATERIALS 109-2.1 GENERAL. a. Airport lighting equipment and materials covered by Federal. Aviation Administration (FAA) speci- fications shall have the prior approval of the FAA, and are listed in Advisory Circular (AC) 150/5345-1, Approved Airport Equipment. b. All other equipment and materials covered by other referenced specifications shall be subject to acceptance through manufacturer's certification of compliance with the applicable specification when re- quested by the Engineer. VAULT AND PREFABRICATED METAL HOUSING 109-2.2 CONCRETE. The concrete for the vault shall be proportioned, placed, and cured in accordance with Item P-610, Structural Portland Cement Concrete, using 3/4 -inch (18 mm) maximum size coarse ag- gregate. 109-2.3 REINFORCING STEEL. Reinforcing steel bars shall be intermediate or structural grade de- formed -type bars and shall meet the requirements of ASTM A 615. 109-2.4 BRICK. Brick shall conform to ASTM C 62, Grade SW. 109-2.5 ASBESTOS CEMENT DUCT. Asbestos cement duct and fittings shall be in accordance with Fed. Spec. W -C-571. 109-2.6 RIGID STEEL CONDUIT. Rigid steel conduit and fittings shall be in accordance with Under- writers Laboratories Standard 6 and 514. 109-2.7 LIGHTING. Vault or metal -housing light fixtures shall be of a vaporproof type. 109-2.8 OUTLETS. Convenience outlets shall be heavy-duty duplex units designed for industrial service. 109-2.9 SWITCHES. Vault or metal -housing light switches shall be single -pole switches. 109-2.10 PAINT. r a. Red lead priming paint for ungalvanized metal surfaces, and the mixing thereof, shall conform to the 97% grade specified in ASTM D 83. The red lead shall be furnished in paste form and delivered to the job in the original unbroken packages bearing the maker's name and brand. b. White paint for body and finish coats on metal and wood surfaces shall be ready -mixed paint con- forming to Fed. Spec. TT -P-102. '""" 109 - 1 AC 150/5370-10A 2/17/89 c. Priming paint for wood surfaces shall be mixed on the job by thinning the above specified white paint by adding 1/2 pint (0.06 liter) of raw linseed oil to each gallon (Iiter). d. Paint for the floor, ceiling, and inside walls shall be in accordance with Fed. Spec. TT -E-487. Walls and ceiling shall be light gray and the floor shall be medium gray. e. The roof coating shall be hot asphalt material in accordance with Fed. Spec. SS -A-694. 109-2.11 HIGH-VOLTAGE BUS. High-voltage bus shall be standard weight 3/8 -inch (9 mm) IPS copper tubing or it may be insulated copper cable of the size and voltage rating specified. 109-2.12 BUS CONNECTORS. Connectors shall be similar to Burndy Type NT (or equal) for copper tubing. Connectors for insulated bus cable shall be of the proper size and type for the service intended. 109-2.13 BUS SUPPORTS. Bus supports shall be similar to Westinghouse No. 527892 (or equal), insulat- ed for 7,500 volts, single clamp type for 2 -bolt flat mounting. 109-2.14 GROUND BUS. Ground bus shall be 1/8- x 3/4 -inch (3 x 18 mm) copper bus bar. 109-2.15 SQUARE DUCT. Duct shall be square similar to that manufactured by the Square D Company (or equal), or the Trumbull Electric Manufacturing Company (or equal). The entire front of the duct on each section shall consist of hinged or removable cover for ready access to the interior. The cross section of the duct shall be not less than 4 x 4 inches (100 x 100 mm) except where otherwise shown in the plans. 109-2.16 GROUND RODS. Ground rods shall be copper or copper -clad of the length and diameter spec- ified in the plans. 109-2.17 POTHEADS. Potheads shall be similar to G&W Type N, Shape C (or equal), unless otherwise specified. Potheads shall be furnished with plain insulator bushings and conduit couplings. Potheads shall have a rating not less than the circuit voltage. 109-2.18 PREFABRICATED METAL HOUSING. The prefabricated metal housing shall be a commer- cially available unit. 109-2.19 FAA -APPROVED EQUIPMENT. Certain items of airport lighting equipment installed in vaults are covered by individual FAA equipment specifications. The specifications are listed below: AC 150/5345-3 Specification for L-821 Panels for Remote Control of Airport Lighting AC 150/5345-5 Circuit Selector Switch At 150/5345-7 Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits AC 150/5345-10 Specification for Constant Current Regulators and Regulator Monitors AC 150/5345-13 Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits. 109-2.20 OTHER ELECTRICAL EQUIPMENT. Constant -current regulators, distribution transformers, oil switches, cutouts, relays, terminal blocks, transfer relays, circuit breakers, and all other regularly used commercial items of electrical equipment not covered by FAA equipment specifications shall conform to the applicable rulings and standards of the Institute of Electrical and Electronic Engineers or the National Elec- trical Manufacturers Association. When specified, test reports from a testing laboratory indicating that the equipment meets the specifications shall be supplied. In all cases, equipment shall be new and a first -grade product. This equipment shall be supplied in the quantities required for the specific project and shall incor- porate the electrical and mechanical characteristics specified in the proposal and plans. 109-2.21 WIRE. Wire in conduit rated up to 5,000 volts shall conform to AC 150/5345-7, Specification for L-824 Underground Electrical Cables for Airport Lighting Circuits, for rubber insulated neoprene -cov- ered wire, or Fed. Spec. J -C-30, Type RHW, for rubber insulated fibrous -covered wire. For ratings up to 600 volts, thermoplastic wire conforming to Fed. Spec. J -C-30, Types TW, THW, and THWN, shall be 109 - 2 2/17/89 AC 150/5370-10A x used. The wires shall be of the type, size, number of conductors, and voltage shown in the plans or in the proposal. r a. Control Circuits. Wire shall be not less than No. 12 AWG and shall be insulated for 600 volts. If telephone control cable is specified. No. 19 AWG telephone cable conforming to the United States Depart- ment of Agriculture, Rural Electrification Administration (REA) Bulletin 345-14 shall be used. b. Power Circuits. (1) 600 volts maximum --Wire shall be No. 6 AWG or larger and insulated for at least 600 volts. (2) 3,000 volts maximum --Wire shall be No. 6 AWG or larger and insulated for at least 3,000 volts. (3) Over 3,000 volts --Wire shall be No. 6 AWG or larger and insulated for at least the circuit voltage. CONSTRUCTION METHODS CONSTRUCTION OF VAULT AND PREFABRICATED METAL HOUSING �•, 109-3.1 GENERAL. The Contractor shall construct the transformer vault or prefabricated metal housing at the location indicated in the plans. Vault construction shall be reinforced concrete, concrete masonry, or brick' wall as specified. The metal housing shall be prefabricated equipment enclosure to be supplied in the size specified. The mounting pad or floor details, installation methods, and equipment placement are shown in the plans. The Contractor shall clear, grade, and seed the area around the vault or metal housing for a minimum dis- tance of 10 feet (3 m) on all sides. The slope shall be not less than 1/2 -inch per foot (40 mm per m) away from the vault or metal _housing in all directions. 109-3.2 FOUNDATION AND WALLS. a. Reinforced Concrete Construction. The Contractor shall construct the foundation and walls in ac- cordance with the details shown in the plans. Unless otherwise specified, internal ties shall be of the me- chanical type so that when the forms are removed the ends of the ties shall be at least 1 -inch (25 mm) beneath the concrete surface; the holes shall be plugged and finished to prevent discoloration. Reinforcing steel shall be placed, as shown in the drawings, and secured in position to prevent displacement during the concrete placement. The external surfaces of the concrete shall be thoroughly worked during the placing operation to force all coarse aggregate from the surface. Thoroughly work the mortar against the forms to produce a smooth finish free from air pockets and honeycomb. The surface film of all pointed surfaces shall be removed before setting occurs. As soon as the pointing has set sufficiently, the entire surface inside and outside of the vault shall be thoroughly wet with water and rubbed with a No. 16 carborundum stone, or equal quality abrasive, bringing the surface to a paste. All form marks and projections shall be removed. The surface produced shall be smooth and dense without pits or irregularities. The materials which have been ground into a paste during the rubbing process shall be spread or brushed uniformly over the entire surface (except the interior surfaces that are to be painted shall have all paste removed by washing before painting) and permitted to reset. Final exterior finish shall be obtained by rubbing with No. 30 carborundum stone, or an equal quality abrasive. The surface shall be rubbed until the entire surface is smooth and uniform in color. b. Brick and Concrete Construction. When this type of construction is specified, the foundation shall be concrete conforming to the details shown in the plans. The outer edge of the foundation at the floor level shall be beveled 1-1/2 inches (37 mm) at 45 degrees. Brick walls shall be 8 inches (200 cm) thick, laid in running bond with every sixth course a header course. Brick shall be laid in cement mortar (1 part masonry cement and 3 parts sand) with full mortar bed and shoved joints. All joints shall be completely filled with mortar, and facing brick shall be back-parged with mortar as work progresses. All joints shall be 3/8 inch (9 mm) thick, exterior joints tooled concave, and interior joints struck flush. Both interior and exterior brick r-* 109 - 3 AC 150/5370-10A 2/17/89 surfaces shall be cleaned and nail holes, cracks and other defects filled with mortar. When specified, a non - fading mineral pigment mortar coloring shall be added to the mortar. Steel reinforcing bars, 3/8 -inch (9 mm) in diameter and 12 inches (300 mm) long, shall be set vertically in the center of the brick wall on not more than 2 -foot (60 cm) centers to project 2-1/2 (60 mm) inches into the concrete roof slab. Lintels for supporting the brickwork over doors, windows, and louvers shall consist of two 4- x 3- x 3/8 -inch (100 x 75 x 9 mm) steel angles. Lintels shall be painted with one coat of red lead before installation, and all exposed parts shall be painted similar to doors and window sash after installation. Window sills may be concrete poured in place or precast concrete as indicated in the plans. All exposed surfaces shall have a rubbed finish as specified under reinforced concrete construction. After completion, all interior and exterior faces of walls shall be scrubbed with a solution of muriatic acid and water in the pro- portions of not less than 1 part acid to 10 parts of water. All traces of efflorescence, loose mortar, and mortar stain shall be removed, and the walls washed down with clear water. c. Concrete Masonry Construction. When this type of construction is specified, the foundation shall be concrete conforming to the details shown in the plans. The concrete masonry units shall be standard sizes and shapes and shall conform to ASTM C 90 and shall include the closures, jambs, and other shapes re- quired by the construction as shown in the plans. Standard construction practice shall be followed for this type of work including mortar, joints, reinforcing steel for extensions into roof slab, etc. Plaster for interior walls, if specified, shall be portland cement plaster. 109-3.3 ROOF. The roof shall be reinforced concrete as shown in the plans. Reinforcing steel shall be placed as shown in the drawing and secured in position to prevent displacement during the pouring of the concrete. The concrete shall be poured monolithically and shall be free of honeycombs and voids. The sur- face shall have a steel-trowled finish and shall be sloped as shown in the drawing. The underside of the roof slab shall be finished in the same manner as specified for walls. One brush or mop coat of hot asphalt roof coating shall be applied to the top surface of the roof slab. The asphalt material shall be heated to within the range specified by the manufacturer and immediately applied to the roof. The finished coat shall be continuous over the roof surface and free from holidays and blisters. Smears and dribbles of asphalt on the roof edges and building walls shall be removed. 109-3.4 FLOOR. The floor shall be reinforced concrete as shown in the drawings. When present, all sod, roots, refuse, and other perishable material shall be removed from the area under the floor to a depth of 8 inches (200 mm), unless a greater depth is specified in the invitation for bids. This area shall be backfilled with materials consisting of sand, cinders, gravel, or stone. Fill shall be placed in layers not to exceed 4 inches (100 mm) and shall be thoroughly compacted by tamping or rolling. A layer of building paper shall be placed over the fill prior to placing concrete. The floor surfaces shall have a steel-trowled finish. the floor shall be level unless a drain is specified, in which case the floor shall be pitched 1/4 -inch (6 mm) per foot downward toward the drain. A 1/4 -inch (6 mm) asphalt felt expansion joint shall be placed between floor and foundation walls. The floor shall be poured monolithically and shall be free of honeycombs and voids. 109-3.5 FLOOR DRAIN. If shown in the plans, a floor drain and dry well shall be installed in the center of the floor of the equipment room. The dry well shall be excavated 4 x 4 feet (120 x 120 cm) square and to a depth of 4 feet (120 cm) below the finished floor elevation and shall be backfilled to the elevation of the underside of the floor with gravel - which shall all pass a 2 -inch (50 mm) mesh sieve and shall all be re- tained on a 1/4 -inch (6 mm) mesh sieve. The gravel backfill shall be placed in 6 -inch (150 mm) maximum layers, and the entire surface of each layer shall be tamped either with a mechanical tamper or with a hand tamper weighing not less than 25 pounds (11 kg) and having a face area of not more than 36 square inches (234 square cm) nor less than 16 square inches (104 square cm). The drain inlet shall be set flush in the concrete floor. The drain shall have a clear opening of not less than 8 inches (200 mm) in diameter. 109-3.6 CONDUITS IN FLOOR AND FOUNDATION. Conduits shall be installed in the floor and through the foundation walls in accordance with the details shown in the plans. All underground conduit shall be painted with a bituminous compound. Conduit shall be installed with a coupling or metal conduit adapter flush with the top of the floor. All incoming conduit shall be closed with a pipe plug to prevent the entrance of foreign material during construction. Space conduit entrances shall be left closed. 109-4 2/17/89 AC 150/5370-10A 109-3.7 DOORS. Doors shall be metal -clad fireproof class a doors conforming to requirements of the National Electric Code and local electrical codes. 109-3.8 PAINTING. The floor, ceiling, and inside walls of concrete construction shall first be given a hardening treatment, after which the Contractor shall apply two coats of paint as specified below, except that interior face brick walls need not be painted. The hardening treatment shall consist of applying two coats of either a commercial floor hardener or a solution made by dissolving 2 pounds (0.9 kg) of magnesi- um fluosilicate or zinc sulphate crystals in 1 gallon (liter) of water. Each coat shall be allowed to dry at least 48 hours before the next application. After the second treating coat has dried, the surfaces shall be brushed clean of all crystals and thoroughly washed with clear water. Paint for walls and ceiling shall be a light gray color approved by the Engineer. The floor paint shall be a medium gray color approved by the Engineer. Before painting, the surfaces shall be dry and clean. The first coat shall be thinned by adding 2/3 - quart (0.166 liters) of spar varnish and 1/3 -quart (0.083 liters) of turpentine to each gallon (liter) of paint. The second coat shall be applied without thinning. All doors, lintels, and windows shall be cleaned to remove any rust or foreign material and shall be given one body and one finish coat of white paint. Bare metal surfaces shall be given a prime coat of red lead prior to the body and finish coats. 109-3.9 LIGHTS AND SWITCHES. The Contractor shall furnish and install a minimum of two duplex convenience outlets in the vault room. Where a control room is specified, at least two duplex outlets shall be installed. INSTALLATION OF EQUIPMENT IN VAULT OR PREFABRICATED METAL HOUSING 109-3.10 GENERAL. The Contractor shall furnish, install, and connect all equipment, equipment accesso- ries, conduit, cables, wires, buses, grounds, and support necessary to insure a complete and operable electri- cal distribution center for the airport lighting system as specified herein and shown in the plans. When speci- fied, an emergency power supply and transfer switch shall be provided and installed. The equipment installation and, mounting shall comply with the requirements of the National Electrical WM Code and local code agency having jurisdiction. 109-3.11 POWER SUPPLY EQUIPMENT. Transformers, regulators, booster transformers, and other power supply equipment items shall be furnished and installed at the location shown in the plans or as di- rected by the Engineer. The power supply equipment shall be set on steel "H" sections, "I" beams, Chan- nels, or concrete blocks to provide a minimum space of 1-1/2 inches (37 mm) between the equipment and the floor. The equipment shall be placed so as not to obstruct the oil -sampling plugs of the oil -filled units; and name -plates shall, so far as possible, not be obscured. If specified in the plans and specifications, equipment for an alternate power source or an emergency power generator shall be furnished and installed. The alternate power supply installation shall include all equip- ment, accessories, an automatic changeover switch, and all necessary wiring and connections. The emergen- cy power generator set shall be the size and type specified. 109-3.12 SWITCHGEAR AND PANT ELS. Oil switches, fused cutouts, relays, transfer switches, panels, panel boards, and other similar items shall be furnished and installed at the location shown in the plans or as directed by the Engineer. Wall or ceiling -mounted items shall be attached to the wall or ceiling with galva- nized bolts of not less than 3/8 -inch (9 mm) diameter engaging metal expansion shields or anchors in mason- ry or concrete vaults. 109-3.13 DUCT AND CONDUIT. The Contractor shall furnish and install square -type exposed metallic ducts with hinged covers for the control circuits in the vault. These shall be mounted along the walls behind all floor -mounted equipment and immediately below all wall -mounted equipment. The hinged covers shall be placed to open from the front side with the hinges at the front bottom. Wall brackets for square ducts shall be installed at all joints 2 feet (60 cm) or more apart with intermediate brackets as specified. Conduit shall be used between square ducts and equipment or between different items of equipment when the equipment is designed for conduit connection. When the equipment is not designed 109 - 5 AC 150/5370-10A 2/17/89 for conduit connection, conductors shall enter the square -type control duct through insulating bushings in the duct or on the conduit risers. 109-3.14 CABLE ENTRANCE AND HIGH-VOLTAGE BUS SYSTEM. Incoming underground cable from field circuits and supply circuits will be installed outside the walls of the transformer vault as a sepa- rate item under Item L-108. The Contractor installing the vault equipment shall bring the cables from the trench or duct through the entrance conduits into the vault and make the necessary electrical connections. For the incoming and outgoing high voltage load circuits, the Contractor shall furnish and install rigid me- tallic vi conduit risers, surmounted by potheads, from floor level to the level as shown in the plans. The incoming high-voltage power supply service to the vault shall enter below the floor of the vault and shall rise from the floor level in a rigid metallic conduit riser, surmounted by a pothead, as described above. Using insulated high-voltage cable. the incoming power service shall be connected from the pothead to the oil -fused cutouts or to the specified disconnecting switch or equipment. From the oil -fused cutouts or dis- connecting device, the insulated service conductors shall be connected to the overhead voltage bus system of the vault. The high-voltage bus system shall utilize the materials specified and shall be mounted and installed in accordance with the requirements of the National Electrical Code or the local code agency having jurisdiction. 109-3.15 WIRING AND CONNECTIONS. The Contractor shall make all necessary electrical connec- tions in the vault in accordance with the wiring diagrams furnished and as directed by the Engineer. In wiring to the terminal blocks, the Contractor shall leave sufficient extra length on each control lead to make future changes in connections at the terminal block. This shall be accomplished by running each control lead the longest way around the box to the proper terminal. Leads shall be neatly laced in place. 109-3.16 MARKING AND LABELING. All equipment, control wires, terminal blocks, etc., shall be tagged, marked, or labeled as specified below: a. Wire Identification. The Contractor shall furnish and install self -sticking wire labels or identifying tags on all control wires at the point where they connect to the control equipment or to the terminal blocks. wire labels, if used, shall be of the self -sticking preprinted type and of the manufacturer's recommended size for the wire involved. identification markings designated in the plans shall be followed. Tags, if used, shall be of fiber not less than 3/4 -inch: (13 mm) in diameter and not less than 1/32 -inch (1 mm) thick. Identifica- tion markings designated in the plans shall be stamped on tags by means of smalltool dies. Each tag shall be securely tied to the proper wire by a nonmetallic cord. b. Labels. The Contractor shall stencil identifying labels on the cases of regulators, breakers, and dis- tribution and control relay cases with white oil paint as designated by the Engineer. The letters and numer- als shall be not less than 1 inch (25 mm) in height and shall be of proportionate width. The Contractor shall also mark the correct circuit designations in accordance with the wiring diagram on the terminal marking strips which are a part of each terminal block. METHOD OF MEASUREMENT 109-4.1 The quantity of vaults to be paid for under this item shall consist of the number of vaults con- structed in place and accepted as a complete unit. 109-4.2 The quantity of prefabricated metal housings to be paid for under this item shall consist of the number of housings constructed in place and accepted as a complete unit. 109-4.3 The quantity of vault or prefabricated metal housing equipment to be paid for under this item shall consist of all equipment installed, connected, and accepted as a complete unit ready for operation. BASIS OF PAYMENT 109-5.1 Pavment will be made at the contract unit price for each completed and accepted vault or prefab- ricated metal housing equipment installation. This price shall be full compensation for furnishing all materi- 109 - 6 2/17/89 AC 150/5370-10A als and for all preparation, assembly, and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete the item. Payment will be made under: Item L-109-5.1 Construction of Airport Transformer Vault in Place --per unit Item L-109-5.2 Installation of Airport Transformer Vault Equipment in Place --per unit Item L-109-5.3 Construction of Prefabricated Metal Housing and Foundation in Place --per unit Item L-109-5.4 Installation of Prefabricated Metal Housing Equipment in Place --per unit MATERIAL REQUIREMENTS Fed.Spec.J-C-30 Fed. Spec. SS -A-694 Fed.Spec.W-C-571 AC 150/5340-9 AC 150/5345-3 AC 150/5345-5 AC 150/5345-7 AC 150/5345-10 AC 150/5345-13A ASTM A 615 ASTM C 62 ASTM D 83 REA BULLETIN 345-14 Cable and Wire, Electrical (Power, Fixed Installation) Roof -Coating: Asphalt, Brushing -Consistency Conduit and Fittings, Nonmetal, Rigid; (Asbestos -Cement or Fire -Clay Cement), (For Electrical Purposes) Prefabricated Metal Housing for Electrical Equipment Specification for L-821 Panels for Remote Control of Airport Lighting Circuit Selector Switch Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits Specification for Constant Current Regulators and Regulator Monitors Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits Specification for Deformed and Plain Billet Steel Bars for Concrete Reinforcement Specification for Building Brick (Solid Masonry Units Made from Clay or Shale) Red Lead Pigment REA Specification for Fully Color -Coded, Polyethylene -In- sulated, Double Polyethylene -Jacketed Telephone Cables for Direct Burial 109 - 7 No Text 6. Add the following new paragraph. ;.-* 7. Paragraph 4. i METHOD OF MEA; AND LIMRICANT7 At all sign bases ll apply a silicone moisture barrier and isulating Compound" meeting MIL -S- A sufficient amount of ,lubricant shall entire paragraph and insert the "No separate pay installing undergro shall be consideree na ent shall he ii 11 be made for furnishing or ical conduit or duct. This work ary to other work items, and row U3/Ul r- 2/17/89 AC 150/5370-10A ITEM L-110 INSTALLATION OF AIRPORT UNDERGROUND ELECTRICAL DUCT DESCRIPTION 110-1.1 This item shall consist of underground electrical ducts installed in accordance with this specifica- tion at the locations and in accordance with the dimensions, designs, and details shown in the plans. This item shall include the installation of all underground electrical ducts or underground conduits. It shall also include all trenching, backfilling, removal, and restoration of any paved areas; manholes, concrete encase- ment, mandreling installation of steel drag wires and duct markers, capping, and the testing of the installa- tion as a completed duct system ready for installation of cables, to the satisfaction of the Engineer. EQUIPMENT AND MATERIALS 110-2.1 GENERAL. All equipment and materials covered by referenced specifications shall be subject to acceptance through manufacturer's certification of compliance with the applicable specification when so re- quested by the Engineer. 110-2.2 BITUMINOUS FIBER DUCT. Bituminous fiber duct and fittings shall conform to the require- ments of Underwriters Laboratories Standard 543. a. Type I, for concrete encasement. b. Type II, for direct burial. 110-2.3 ASBESTOS CEMENT DUCT. Asbestos cement duct and fittings shall conform to the require- ments of Fed. Spec. W -C-571 and shall be one of the following, as specified in the proposal: a. Type I, for concrete encasement. b. Type II, for direct burial. 110-2.5 STEEL CONDUIT. Rigid steel conduit and fittings shall conform to the requirements of Under- writers Laboratories Standard 6, 514, and 1242. 110-2.6 CONCRETE. Concrete shall conform to Item P-610, Structural Portland Cement Concrete, using 1 -inch (25 mm) maximum size coarse aggregate. 110-2.7 PLASTIC CONDUIT. Plastic conduit and fittings shall conform to the requirements of Fed. Spec. W -C-1094 and shall be one of the following, as specified in the proposal: a. Type I - suitable for underground use either directly in the earth or encased in concrete. b. Type II - suitable for either above ground or underground use. • CONSTRUCTION METHODS 110-3.1 GENERAL. The Contractor shall install underground ducts at the approximate locations indicat- ed in the airport layout plans. The Engineer shall indicate specific locations as the work progresses. Ducts shall be of the size, material, and type indicated in the plans or specifications. Where no size is indicated in the plans or specifications, the ducts shall be not less than 3 inches (75 mm) inside diameter. All duct lines shall be laid so as to grade toward handholes, manholes and duct ends for drainage. Grades shall be at least 3 inches (75 mm) per 100 feet (30 m). On runs where it is not practicable to maintain the grade all one way, the duct lines shall be graded from the center in both directions toward manholes, handholes, or duct ends. Pockets or traps where moisture may accumulate shall be avoided, AC 150/5370-10A 2/17/89 _. The Contractor shall mandrel each duct. An iron -shod mandrel, not more than 1/4 -inch (6 mm) smaller than the bore of the duct shall be pushed through each duct by means of jointed conduit rods. The mandrel shall have a leather or rubber gasket slightly larger than the duct hole. All ducts installed shall be provided with a No. 10 gauge galvanized iron or steel drag wire for pulling the permanent wiring. Sufficient length shall be left in manholes or handholes to bend the drag wire back to prevent it from slipping back into the duct. Where spare ducts are installed, as indicated on the plans, the open ends shall be plugged with removable tapered plugs, designed by the duct manufacturers, or with hardwood plugs conforming accurately to the shape of the duct and having the larger end of the plug at least 1/4 -inch (6 mm) greater in diameter than the duct. All ducts shall be securely fastened in place during construction and progress of the work and shall be plugged to prevent seepage of grout, water, or dirt. Any duct section having a defective joint shall not be installed. All ducts, except steel conduit, installed under runways, taxiways, aprons, and other paved areas shall be encased in a concrete envelope. - Where turf is well established and the sod can be removed, it shall be carefully stripped and properly stored Trenches for ducts may be excavated manually or with mechanical trenching equipment. Walls of trenches shall be essentially vertical so that a minimum of shoulder surface is disturbed. BIades of road patrols or graders shall not be used to excavate the trench. The Contractor shall ascertain the type of soil or rock to be excavated before bidding. All excavation shall be unclassified. 110-3.2 DUCTS ENCASED IN CONCRETE. Unless otherwise shown in the plans, concrete -encased ducts shall be installed so that the top of the concrete envelope is not less than 18 inches (45 cm) below the finished subgrade where installed under runways, taxiways, aprons, or other paved areas, and not less than 18 inches (45 cm) below finished grade where installed in unpaved areas. Ducts under paved areas shall extend at least 3 feet (90 cm) beyond the edges of the pavement or 3 feet (90 cm) beyond any underdrains which may be installed alongside the paved area. Trenches for concrete -encased ducts shall be opened the complete length before concrete is laid so that if any obstructions are encountered, proper provisions can be `- made to avoid them. All ducts for concrete encasements shall be placed on a layer of concrete not less than 3 inches (75 mm) thick prior to its initial set. Where two or more ducts are encased in concrete, the Con- tractor shall space them not less than 1-1/2 inches (37 mm) apart (measured from outside wall to outside - wall) using spacers applicable to the type of duct. As the duct laying progresses, concrete not less than 3 inches (75 mm) thick shall be placed around the sides and top of the duct bank. End bells or couplings shall be installed flush with the concrete encasement where required. When specified, the Contractor shall reinforce the bottom side and top of encasements with steel reinforcing mesh or fabric or other approved metal reinforcement. When directed, the Contractor shall supply addition- al supports where the ground is soft and boggy, where ducts cross under roadways, or where otherwise shown on the plans. under such conditions, the complete duct structure shall be supported on reinforced concrete footings, piers, or piles located at approximately 5 .foot (150 cm) intervals. When clay or soapstone ducts are specified, they shall be installed with concrete encasement as described above. Clay conduit shall be of the single -bore type. Where the self -centering socket -joint type of single clay duct is used, conduit shall be built up, tier by tier, and separated only by sufficient mortar or fine aggregate concrete to bed the ducts evenly and fill all volds between ducts. Single ducts shall be jointed together and the joints grouted with portland cement mortar. A suitable gasket (of rubber or other approved material) shall first be placed in the receptacle end of the duct, prior to the joining operation, in order to exclude all mortar from the duct. Where the square bore butt joint type of clay duct, single or multicell, is used, sections shall be aligned with at least four steel dowel pins and joints wrapped with duct tape 6 inches (150 mm) wide and lapped 6 inches (150 mm) . All joints in a bank of single -bore ducts shall be staggered, beginning evenly from the manhole or handhole, by means of short lengths 6, 8, 9, I2, and 15 inches (150, 200, 230, 300, 380 mm) long. Cement `- mortar shall be trowled around each and every joint. Voids in the duct bank, caused by the external shape of the corners of the conduit, shall also be filled with mortar. The joining and joints of soapstone duct shall be done in accordance with the manufacturer's recommendations. 110 - 2 2/17/89 AC 150/5370-10A 110-3.3 DUCTS WITHOUT CONCRETE ENCASEMENT. Trenches for single -duct lines shall be not less than 6 inches (150 mm) nor more than 12 inches (300 mm) wide, and the trench for 2 or more ducts installed at the same level shall be proportionately wider. Trench bottoms for ducts without concrete en- casement shall be made to conform accurately to grade so as to provide uniform support for the duct along its entire length. POO A layer of fine earth material, at least 4 inches (100 mm) thick (loose measurement) shall be placed in the bottom of the trench as bedding for the duct. The bedding material shall consist of soft dirt, sand or other fine fill, and it shall contain no particles that would be retained on a 1/4 -inch (6 mm) sieve. The bedding ..+ material shall be tamped until firm. Unless otherwise shown in plans, ducts for direct burial shall be installed so that the tops of all ducts are at least 18 inches (45 cm) below the finished grade. When two or more ducts are installed in the same trench without concrete encasement, they shall be spaced not less than 2 inches (50 mm) apart (measured from outside wall to outside wall) in a horizontal dir: ction and not less than 6 inches (150 mm) apart in a vertical direction. Trenches shall be opened the complete length before duct is installed so that if any obstructions are encoun- tered, proper provisions can be made to avoid them. 110-3.4 DUCT MARKERS. The location of the ends of all ducts shall be marked by a concrete slab marker 2 feet (60 cm) square and 4 inches (100 mm) thick extending approximately 1 inch (25 mm) above the surface. The markers shall be located above the ends of all ducts or duct banks, except where ducts terminate in a handhole, manhole, or building. The Contractor shall impress the word "duct" on each marker slab. He shall also impress on the slab the number and size of ducts beneath the marker. The letters shall be 4 inches (100 mm) high and 3 inches (75 mm) wide with width of stroke 1/2 -inch (12 mm) and 1/4 -inch (6 mm) deep or as large as the available space permits. 210-3.5 BACKFILLING. After concrete -encased ducts have been properly installed and the concrete has had time to set, the trench shall be backfilled in at least two layers with excavated material not larger than 4 inches (100 mm) in diameter and thoroughly tamped and compacted to at least the density of the surround- ing undisturbed soil. If necessary to obtain the desired compaction, the backfill material shall be moistened or aerated as required. Trenches shall not be excessively wet and shall not contain pools of water during backfilling operations. The trench shall be completely backfilled and tamped level with the adjacent surface: except that, when sod is to be placed over the trench, the backfilling shall be stopped at a depth equal to the thickness of the sod to be used, with proper allowance for settlement. Any excess excavated material shall be removed and disposed of in accordance with instructions issued by the Engineer. For ducts without concrete envelope, 8 inches (200 cm) of sand, soft earth, or other fine fill (loose measure- ment) shall be placed around the ducts and carefully tamped around and over them with hand tampers. The remaining trench may be filled with regular run of excavated material and thoroughly tamped as specified above. 110-3.6 RESTORATION. Where sod has been removed, it shall be replaced as soon as possible after the backfilling is completed. All areas disturbed by the trenching, storing of dirt, cable laying, pad construction and other work shall be restored to its original condition. The restoration shall include any necessary top - soiling, fertilizing, liming, seeding, sprigging, or mulching. All such work shall be performed in accordance with the FAA Standard Turfing Specifications. The Contractor shall be held responsible for maintaining all disturbed surfaces and replacements until final acceptance. 110 - 3 AC 150/5370-IOA METHOD OF MEASUREMENT 2/17/89 110-4.1 Underground duct shall be measured by the linear feet (meter) of duct installed, measured in place, completed, and accepted. Separate measurement shall be made for the various types and sizes. BASIS OF PAYMENT 110-5.1 Payment will be made at the contract unit price for each type and size of single -way or multi -way duct completed and accepted. This price shall be full compensation for furnishing all materials and for all preparation, assembly, and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete this item. Payment will be made under: Item L-110-5.1 Single -Way or Multi -Way Electrical Duct --per linear foot (meter) MATERIAL REQUIREMENTS Fed.Spec.W-C-571 Conduit and Fittings, Nonmetal, Rigid; (Asbestos -Cement or Fire -Clay Cement), (For Electrical Purposes) Fed.Spec.W-C-1094 Conduit and Fittings; Nonmetallic, Rigid, (Plastic) Underwriters Laboratories Rigid Metal Conduit Standard 6 Underwriters Laboratories Fittings for Conduit and Outlet Boxes Standard 514 Underwriters Laboratories Standard 543 Underwriters Laboratories Standard 1242 Impregnated -Fiber Electrical Conduit Intermediate Metal Conduit 110 - 4 No Text No Text No Text No Text No Text No Text No Text AC 150/5370-10 ITEM L-125 INSTALLATION OF AIRPORT LIGHTING SYSTEMS 10/24/74 125-1.10 Additional details pertaining to a specific system covered in this item are contained in the advisory circulars listed in paragraphs 125-1. I1--125-1.16. 125-1.11 AC 150/5340-4, Installation Details for Runway Centerline and Touchdown Zone Lighting Systems. 125-1.12 AC 150/5340-13, High intensity Runway Lighting System. 125-1.13 AC 150/5340-14, Economy Approach Lighting Aids. 125-i.14 AC 150/5340-15, Taxiway SdgeLighting System. 125-1.15 AC 150/5340-16, Medium intensity Runway L_ghting System. 125-1.16 AC 150/S340- , Taxiway Guidance Sign System. Equipment and Materials 125-2.1' GENERAL. (a) Airport lighting equipment and materials covered by FAA specifications shall have the prior approval of the Federal Aviation Administration, Airports Service, Washington, D. C. 20591, and shall be listed in Advisory Circular 150/5345-1, Approved Airport Lighting Equipment. (b) All other equipment and materials covered by other referenced specifications shall be subject to acceptance through the manufacturer's certification of compliance with the applicable specifications. (c) Lists of the equipment and materials required for a particular system are contained in the applicable advisory circulars. 125-2 U 10/24/74 AC 150/5370-10 ITEM L-125 INSTALLATION OF AIRPORT LIGHTING SYSTEMS 125--2.2 TAPE. Rubber and plastic electrical tapes shall be Scotch Electrical Tape Numbers 23 and 88, respectively, as manufactured by the Minnesota Mining and Manufacturing Company, or an approved equal. 125-2.3 CONCRETE. Concrete for backfill shall be proportioned not leaner than a 1-3-6 mix by volume and shall have a compressive strength of not less than 2,000 PSI. Approved clean aggregate shall be used to produce the concrete. 125-2.4 CONDUIT. Rigid steel conduit and fittings shall conform to the requirements of Fed. Spec. W -C-581. 125-2.5 SQUEEZE CONNECTORS. Squeeze connectors, if specified, shall be eaual to Crouse -Hinds Company, type CGB cable connector with neoprene rubber bushing. 125-2.6 TEES. Large radius bend tees, if specified, shall be equal to Crouse -Hinds Company No. ET -43. Construction Methods 125-3.1 GEIPKt.P.L. The installation and testing details for the systems shall be as specified in the applicable advisory circulars. 125-3.2 PLACING LIGHTS. The light fixtures shall be installed at the approximate location indicated in the plans. The exact location shall be as directed by the engineer. Method of Measurement 125-4.1 The quantity of lights to be paid for under this item shall be the number of each type installed as completed units in place, ready for operation, and accepted by the engineer. 125-3 AC 150/5370-10 ITEM L-125 INSTALLATION OF AIRPORT LIGHTING SYSTEMS Basis of Payment 10/24/7+ 125-5.1 Payment will be made at the contract unit price for each complete light installed in place by the contractor and accepted by the engineer. This price shall be full compensation for furnishing all materials and for all preparation, assembly, and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete this item. Payment will be made under: Item L-125-5.1 Medium Intensity Runway Lights, Base Mounted in Place --per each. Item L-125-5.1 Taxiway Lights, Base Mounted in Place -- per each. Item L-125-5.1 Medium Intensity Runway Lights, Stake Mounted in Place--ner each. Item L-125-5.1 Taxiway Lights, Stake Mounted in Place --per each. Item L-125-5.1 High Intensity Runway Lights, in Place --per each. Item L-125-5.1 Touchdown Zone Lights in Place --per each. Item L-125-5.1 Runway Centerline Lights, in Place --per each. Item L-125-5.1 Medium Intensity Approach Lights, in Place -- per each. Item I-125-5.1 Runway 'End Identification Lights, in Place -- per each. Item L-125-5.1 Abbreviated Visual Approach Slope Indicator, in Place --per each. Item L-125-5.1 Airport Taxi Guidance Signs, in Place --per unit of like size. 125-4 10/24/74 AC 150/5370-10 ITEM L-125 INSTALLATION OF AIRPORT LIGHTING SYSTEMS Federal Specificatiors Referenced in Item L-125 Number Title r WW-C-581 Conduit, Metal, Rigid; and Coupling, Elbow; and Nipple, Electrical Conduit: Zinc-Coated. FAA Specifications Referenced in Item L-125 Number Title AC 150/5340-4 Installation Details for Centerline and Touchdown Zone Lighting Systems. AC 150/5340-13 High Intensity Runway Lighting System. AC 150/5340-14 Economy Approach Lighting Aids. AC1.50/5340-1 5 Taxiway Lighting System. AC 150/5340-16 Medium Intensity Runway Lighting System. AC 150/5340- Taxiway Guidance Sign System. r r OWA 125-5 No Text 4 TABLE OF CONTENTS SPECIAL CONDITIONS a SC-1 Scope of Work SC-1 SC-2 Contiact Documents SC-1 SC-3 Time and Order of Completion SC- 1 SC-4 Limitation of Operation _ SC-3 r SC-5 Airport Operations Security SC-4 SC-6 Contractor's Plant Site, Storage and Office Area(s) SC4 .;. SC-7 Protection of Property SC-9 ell* � � � SC-8 � , Electric.Power and Natural, Gas SC-9 SC-9 Lines and Grades_ SC-9 SC-10 Water for'Construction SC-10 " SC-11 Material Tests SC-10 SC-12 Barricades, Signs, and Hazard Markings' SC-10 SC-13 Prevention of Air and Water Pollution SC-11 SC-14 Progress Schedule SC-11 SC-15 Public Convenience ands Safety - SC-11 SC-16Final Cleaning SC-11 «.� SC-17 N11 ot Used" SC-12 SC-18 Removal, and Disposal of Structur-1 Utilities and t 1es, Obstructions SC-12 _ SC-19Conformity with Plans and Allowable Deviations SC-12 SC-20 Removal of Defective and Unauthorized Work SC-12 SC-21 Disputed Claims for Extra Work �' SC-12 SC-22 Federal Participation SC-13 E SC-23 Indemnification . SC'-13 SC=24 Opening of Section of Airport to Traffic SC-14 SC-25 Contractor's Respotynsibility for Work SC-14 SC-26 Correction of Faul Work After Final Payment SC-14 . SC-27 Separate Contracts SC-14 SC-28 Shop Drawings SC-14', SC-29 Engineer ` SC-15 SC-30 Trench Safety SC-15_: SC-31 Nof Used:.. SC-15 SC-32 Progressing Meeting _ SC-15 APPENDIX SW5200.5A Airport Safety'During FAA-Funded .Airport Construction and FAA Facilities , Maintenance. "" AC 150/5370-2COperational Safety on Airports During Consiniction ?�* 01272000 E SC - TOC -'l SPECIAL CONDITIONS SC -1 SCOPE OF WORK The work to_be accomplished under these specifications, including the plans, is presented as a BASE BID, and consists of construction work for the Lubbock International Airport. The BASE BID includes, but is not limited to, the installation, modification and/or relocation of new and existing internally lighted and unlighted airfield guidance signs and other airfield equipment, the installation of new airport transformer vault improvements, runway and taxiway painting, removing existing pavement markings, and other related items of work. All labor, materials and equipment necessary to complete the work called for in these specifications and shown on the plans shall be furnished by the Contractor. Payment for the various items of work will be made as specified under the various payment paragraphs of the technical sections. - SC -2 CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with the Contract Documents described in the General Conditions. The drawings included in the documents consist of the plans entitled "City of Lubbock, Texas, Lubbock International Airport, Airfield Signage and Transformer Vault Improvements," dated February 2001. All bidders shall be thoroughly familiar with all of the drawings and specifications. The Contractor shall be responsible for the satisfactory completion of all work shown on the drawings or specified. The intent of the plans and specifications is to prescribe a complete work or improvement which theContractor undertakes to do in full compliance with the plans, the specifications, the special provisions, proposal, and contract. The Contractor shall do all work including such additional, extra, and incidental work as may be considered necessary to complete the project in a satisfactory and acceptable manner, as provided in the plans, proposal, and contract. He shall furnish, unless otherwise provided in the specifications, special provisions, or contract, all materials, equipment, tools, labor and incidentals necessary to prosecute the completion of the work. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of -- interpretation shall be in the following order: Signed Agreement, Performance Bond, Special Bonds (if any), Proposal, Special Conditions, Notice to Bidders, Instructions to Bidders, Technical Specifications, Plans, General Provisions and General Conditions of the Agreement. SC -3 TIME AND ORDER OF COMPLETION The Contractor will be permitted to prosecute certain portions of the work in the order and manner of his own choosing to the best interest of the project. However, the work shall be conducted in such manner and with such materials, equipment and labor as may be required to. insur: completion in accordance with the plans and specifications within the time stated in the Proposal and in the Contract. The Contractor shall furnish the Engineer with his proposed progress schedule and this schedule shall be approved by the Engineer before work is commenced on the project. 01272000 Sc- 1 03/01 No Text SC -4 LIMITATION OF OPERATION Each item of work shall be completed without delay and in no instance shall the Contractor be permitted to transfer his forces from uncompleted work to new work without the permission of the Engineer. The Contractor shall be required to submit a schedule of operations to the Engineer for approval. The Contractor, shall not commence new work to the prejudice of work already started. The Contractor shall take all precautions necessary to insure the safety of operating aircraft and their passengers as well as that of his own equipment and personnel. Special considerations shall be given to flight schedules and other aircraft operations. `The Contractor shall obey all instructions as to routes to be taken by equipment traveling within the airport area. The Contractor shall provide all such equipment with a flag on a staff so attached to the equipment that the flag will be readily visible. The flag shall be not less than three feet square consisting of a checkered pattern of international orange and white squares of not less than one foot on each side. During nighttime work, the Contractor shall provide such equipment with approved flashing lights so attached to the equipment that the lights will be readily visible. The Contractor shall make his own estimate of all difficulties to be encountered. Equipment not actually in operation shall be kept clear of landing areas; personnel shall not enter areas of the airport where .aircraft are operating without specific permission. All operations shall be coordinated, through the Engineer, with the Director of Aviation, to the end that no interference with aircraft traffic on active runways, taxiways or aprons will result from the operations of the Contractor. Construction activities will not be allowed within I the safety areas of any active runway or taxiway. The taxiway safety area is defined as the area within 131 feet of the centerline of any taxiway or taxilane. The runway safety area is defined as the area within 250 feet of the centerline of any runway when aircraft are operating under Visual Flight Rule (VTR, clear weather) conditions, or within 570 feet of the centerline of any runway when aircraft are operating under Instrument Flight Rule (IFR, inclement weather) conditions. ' VFR or IFR conditions shall be determined by the .Lubbock Air Traffic Control Tower personnel. _ The Contractor shall maintain flagmen or escorts, as may be required, to direct his construction traffic if it becomes necessary for such traffic to cross or travel along any active taxiway or runway. Traffic shall be directed away from these facilities whenever possible and no traffic shall ever cross an active runway or taxiway without having proper clearance from the control tower. Trenches and manhole excavations within the limits of the safety area of any airfield paving shall be backfilled as outlined in these specifications by the end of the work day or work period. Excavations - outside the safety areas of any active airfield paving shall be barricaded as outlined in these specifications to the satisfaction of the Engineer by the end of each work day or work period. All excavations shall be backfilled as soon as practicable. No open excavations shall be allowed within the safety area of any active airfield pavement. The FAA considers any deviation of more than 3 -inches above or below the existing grade to be a hazard to aircraft operations. The FAA may issue warnings or fine the Airport for these violations. Such fines as may be handed out by the FAA as a result of the Contractor's activities shall be _ considered the Contractor's responsibility, and shall be promptlypaid be the Contractor, 'at his sole expense. The Contractor shall schedule his work well in advance of actual operations and shall keep the Engineer advised of this schedule so that close coordination can be maintained with the Director of Aviation. ,Aprons, runways and taxiways will be closed as required for proper execution of the work as provided in above paragraphs. 01272000 SC -3 03/01 No Text and the Contractor's employees, subcontractors, suppliers and representatives at all times during the execution of this project. The Contractor shall be directly responsible for any and all fines or penalties levied against the Airport as a result of any breach- of security or safety caused by the Contractor or the Contractor's employees, subcontractors, suppliers or representatives. SC -5.2 Airport Operations Area (AOA The Airport operations area (AOA) shall be defined as any portion of the Airport property normally secured against unauthorized entry. The AOA includes all areas 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. SC -5.3 LIAPD-Issued Security Badges The Contractor shall be responsible for obtaining a photo -identification security badge issued by the LIAPD for each supervisor or foreman of each work crew working within the AOA. The Contractor shall obtain LIAPD security badges for at least one member of each work crew working in separate areas of the AOA. It is the intent of these specifications that all individuals responsible to the Contractor, including the Contractor's employees, subcontractors, suppliers or representatives either obtain and display an LIAPD security badge, or obtain and display a Contractor -issued identif cation badge as Mecified below, AND be escorted or directly Wervised by an individual displaying a current LIAPD security badge The Contractor my obtain LIAPDsecurity badges from the Lubbock International Airport Police Department at the Lubbock International Airport. The LIAPD reserves the right to limit the number of security badges issued to the Contractor. The LIAPDIT will charge the Contractor a twenty-five dollar ($25.00) fee for each security badge issued. An additional fee will be charged, as noted later in this section, for lost or destroyed badges. The LIAPD security badges shall be worn in an easily visible location on the person issued the badge at all times while working within the AOA. The badge holder shall be familiar with and shall obey all security and safety rules and regulations. The LIAPD security badge may be confiscated and all security rights revoked by the LIAPD upon the breach of any security or safety regulations at the discretion of the LIAPD. The holder of an LIAPD security badge shall surrender the badge at the completion of this project, upon transfer or termination of employment, or at any other time at the request of the LIAPD _ _ The Contractor shall conduct a background check of each applicant for an LIAPD security badge utilizing standard background check forms provided by the LIAPD. The Contractor shallbe - responsible for completing the required forms, and for submitting the forms to the LIAPD for their review as early in the project as possible to avoid any construction delays. Forms for completing the required background check shall be available through the Director of Aviation's office after award of the project. The background check shall show proof of a minimum five (5) year employment record and will be reviewed by the LIAPD. The LIAPD shall be responsible for reviewing the background checks. Only persons whose application is approved by the LIAPD shall be issued security badges. The LIAPD reserves -- the right to bar from the AOA any individuals found by the background check to be, in the opinion of the LIAPD, a risk to AOA security or safety. At the completion of this project, the Contractor shall return all LIAPD-issued security badges to the LIAPD, The LIAPD will charge an additional one hundred dollar ($100.00) fee for each lost or destroyed LIAPD-issued security badge. All LIAPD-issued security badges must be accounted for and 01272000 03/01 No Text shall be as directed by the Engineer. At the completion of this project, any damage done by the Contractor to this area shall be repaired to the satisfaction of the Engineer at no additional cost to the Owner. Repairs shall include, but not be limited to, regrading and reseeding or repaving any damaged areas. The Contractor shall be responsible for, and shall control all movement through the Contractor's entrance gate. Only authorized personnel and vehicles shall be allowed to enter the AOA through this gate. When not in immediate use by the Contractor, the gate shall be securely locked by the Contractor to prevent entrance by unauthorized persons or vehicles. Upon request, the Contractor shall provide the Director °of Aviation and the LIAPD with duplicate keys (for key locks) or combinations (for combination locks) to the lock or locks used to secure the Contractor's entrance gate to the AOA. If construction activities, such as hauling materials, require that the Contractor's j' entrance gate to the AOA remain open for long periods of time, the Contractor may, upon approval from the - Engineer, leave the gate open and provide a full-time watchguard at the gate. The watchguard shall be approved for and shall possess an LIAPD-issued security badge. If this security arrangement is desired and approved, the gate shall be manned by the watchguard as long as the gate remains open. The watchguard - shall be the Contractor's representative and shall be responsible for all movement through the gate. Again, only authorized persons and vehicles shall be allowed by the Contractor's watchguard to enter the AOA. At the Contractor's option, and upon approval of the Engineer, an automatic gate operator may installed in lieu of providing a watchguard. SC -5.6 Vehicle Escorts All vehicles responsible to the Contractor, such as supplier's vehicles, entering the AOA shall be escorted by an approved Contractor escort vehicle from the point of AOA entry to the construction site. The escort vehicle shall be clearly identified with standard FAA markings and/or FAA flags. In addition, the escort vehicle shall be marked with the Contractor's name. The escort vehicle will be responsible for leading supply, delivery or other vehicles across the active airfield. To facilitate safe movement of the escort vehicle and the escorted vehicles, the T driver of the escort vehicle shall be approved for, shall be issued, and shall display an LIAPD security badge. Further, the escort vehicle driver shall be familiar, with airport security and safety procedures. The escort vehicle shall be equipped with an FAA radio, as specified herein, and the driver of the escort vehicle shall be familiar with the FAA radio and its, operation, and shall obey all instructions from the Air Traffic Control Tower. SC -5.7 Challenging Unauthorized Personnel or Vehicles The Contractor and the Contractor's employees, subcontractors, suppliers, and representatives who have been issued an LIAPD ' security badge shall be responsible for challenging any -- person br vehicle found on the AOA or other non-public areas who is not displaying a valid LIAPD security badge, or who cannot produce a valid LIAPD security badge, or who is not under escort or under the direct supervision of a person possessing a valid LIAPD security badge. The challenge shall consist of notifying -- the person that he is within a restricted area, and informing the person of an appropriate exit route. Should the unauthorized person refuse to exit the restricted area, the LIAPD shall be immediately notified for further action, and the unauthorized person shall be kept under surveillance until the LIAPD arrive. Any expired or altered badge, or any badge bearing a photograph not matching the bearer, shall be brought to the attention of the LIAPD and shall be immediately confiscated by the LIAPD or the Director of Aviation. 01272000 SC - 7- 03/01 03/01 No Text materials, equipment and debris, the Contractor shall replace, spread and grade the salvaged topsoil, followed by seeding and fertilizing. 5. All restoration activities shall be accomplished in accordance with applicable technical specifications of these documents including but not limited to Items P-152, P-401, T-901 and T-905, or as directed by the Engineer. 6. No direct payment will be made to the Contractor for restoring plant site, storage or office areas. SC -7 PROTECTION OF PROPERTY _ The Contractor shall exercise care to prevent damage to all structures, either above or below ground, including buildings, fences, pipelines, utilities, roads, etc., whether publicly or privately owned and including work performed by others. The Contractor shall be responsible for locating all underground facilities that might be damaged by the proposed construction. The Contractor shall be responsible for all damage done to either public or private property during the course of construction except as specifically provided otherwise in these specifications. Various existing underground utilities and structures are shown on the plans. Their locations are believed to be reasonably accurate but are not guaranteed. Though an effort has been made to locate and mark, on the plans, all underground utilities, the Contractor is herein warned that unmarked utilities may exist within the construction area. Prior to construction, the Contractor shall coordinate his activities with FAA Facilities at Lubbock International Airport. Certain runway and taxiway lights and signs and electrical cables are not scheduled to be removed or abandoned under this contract. The Contractor shall ,take all steps necessary to protect these existing facilities during construction to assure continuous operation of lights for runways and taxiways which will be open for night operations. ` SC -8 ELECTRIC POWER AND NATURAL GAS The Contractor shall make his own provisions for his electrical, natural gas and other fuel requirements and shall pay for electricity, gas or fuel consumed during the construction of the project. The Contractor shall construct his own service lines and such construction shall be in strict accordance with all applicable codes and laws. SC -9 LINES AND GRADES The Contractor will be responsible for laying out the work from existing paving and structures. The Engineer will check grade control and major layouts at his discretion, but this check will not relieve the Contractor of his responsibility of correctly locating line and grade in accordance with the plans and specifications. The Engineer will take all measurements necessary for the determination of the amount of work performed under the various items for which payment is provided. Whenever necessary, work will be suspended to permit this work, but such suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation therefor. The Contractor shall satisfy himself as to the accuracy of all measurements before constructing any 01272000 SC - 9 03/01 No Text the safe operation of aircraft on the Airport. All warning lights shall be equipped with photocell controls to automatically turn on the lights at night and turn them off at daytime. The lights shall be checked daily SC -13 PREVENTION OF AIR AND WATER POLLUTION The Contractor shall use suitable precaution to minimize air and water pollution during the progress of work. The Contractor shall,comply with directives given by the Engineer in implementation of the letter and intent of FAA Advisory Circular 150/5370-10, Item P-156 entitled"Temporary Air and Water Pollution Soil Erosion, and Siltation Control Item P-156, entitled "Temporary Air and Water Pollution Soil Erosion, and Siltation Control," is included as Section 11 of the technical specifications for this project. SC -14 PROGRESS SCHEDULE Within thirty (30) days after award of the contract, the Contractor shall submit a progress schedule for the project. The progress schedule shall be prepared in a form suitable to the Engineer and shall show the proposed starting and completion dates for each phase of construction and each item of work within each phase. The progress schedule shall include a "Percent Complete Curve", with the monthly amount, cumulative amount and cumulative percent. The progress schedule, when submitted in suitable form and provided the schedule indicates certain completion of the project within the time specified, will be approved in writing by the Engineer. Revision or changes in the approved progress schedule may be made only with approval of the _ Engineer. SC -15 PUBLIC CONVENIENCE AND SAFETY Materials stored on the airport shall be so placed and the work shall, at all times, be so conducted as to cause no greater obstruction to the air and ground traffic than is considered necessary by Engineer. In protecting operational areas, the minimum clearances maintained for runways shall be in agreement with Part 77 of the Federal Aviation Regulations. During construction of the project, the Contractor shall also maintain operational safety on the Airport in accordance with FAA's Advisory Circular 150/5370-2C, -- ."Operational Safety on Airports During Construction," included in the Appendix of these Specifications. No runway, taxiway, apron, or roadway shall be closed or opened except by express permission from the Engineer and Director of Aviation. -- The Contractor shall be responsible for maintaining the pavement free of all rocks, gravel, dirt and other debris in areas where hauling is permitted on or across any active apron, runway or taxiway, or in areas temporarily closed which are subject to opening on short notice. All rocks, gravel, dirt or other debris shall be removed immediately by the Contractor. SC -16 FINAL CLEANING UP As each intermediate phase of work is completed and prior to opening any portion of any airfield apron, runway or taxiway, the Contractor shall be responsible for cleaning the construction site and adjacent 01272000 SC -11 03/01 3 pool pavement as specified above. Upon completion +of` the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus, and discarded materials, rubbish and temporary structures. Material cleared fi om 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 partof the cost of the various items of work involved, and no direct compensation will be made for this work. SC -17 NOT USED SC -18 REMOVAL AND DISPOSAL OF STRUCTURES, UTILITIES AND OBSTRUCTIONS All structures, utilities or obstructions found on the airport and shown on the plans which are not to remain in place 'or which are not to be used in the new construction shall be removed as directed_ by the ,., Engineer. Unless specified in the proposal, this work shall not be _paid for separately but shall be considered t as 'subsidiary obligation of the Contractor covered under other contract items. All material found on the airport or removed therefrom shall remain the property of the Owner, unless otherwise indicated. All materials and debris specified to be disposed of by the Contractor shall become the property of the {., Contractor and shall be properly disposed of off the airport property by the Contractor. SC -19 CONFORMITY WIC PLANS AND ALLOWABLE DEVIA'T'IONS 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 detenriined'by the Engineer s and authorized by him in writing. SC -20 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK ., All work which has been rejectedor condemned shall be repaired or, if it cannot be satisfactorily repaired, removed and replaced at the Contractor's" ekperise: Materials not conforming to the requirements of the specifications'shall be removed immediately from -the site of the work and replaced with satisfactory material by the Contractor at his expense. ^^ Work done beyond that shown on the plans, or as given, except as herein provided, work done without proper inspections or any extra or unclassified work done without written authority and prior agreement in writing as to prices, will be done at the Contractor's risk and will be considered unauthorized �•. and, at the option��of the Engineer, may not be measured and paid for and may 'be ordered removed and replaced at the Contractor's expense. ' t -Upon the failure of the Contractor to repair satisfactorily or to remove and replace, if so' directed, rejected, unauthorized, or condemned work or materials immediately after receiving formatnotice from the Engineer, the Owner may recover for such defective work or materials on the Contractor's bond, or`by action in a court having proper jurisdiction over such matters, or may employ labor and equipment and ,. satisfactorily repair or remove and "replace such work and charge the cost of the same to the Contractor, which cost will be deducted" from, any money due him - imSC-21 SC -2 IDISPUTED CLAIMS FOR EXTRA WORK In case the Contractor deems extra compensation is due him for work on materials not clearly covered in the contract, or not ordered by the Engineer as -an extra, the Contractor shall notify the Engineer t 01272000 SC -12 03/01 in writing of his intention to make claim for such extra compensation before he begins the work on which he bases the claim and shall afford the Engineer every facility for keeping actual cost of the work. Failure on the part of the Contractor to give such notification or to afford the Engineer proper facilities for keeping strict account of actual costs shall constitute a waiver of the claim for such extra compensation. The. filing of such notice by the Contractor and the keeping of costs by the Engineer shall not in any be construed to prove validity of theclaim. When the work has been completed, the Contractor shall within 10 days file his claim for extra compensation with the Engineer, who will present it to the Owner for consideration. SC -22 FEDERAL PARTICIPATION The attention of the Contractor is invited to the fact that, pursuant to the provisions of the Act of Congress known as the Airport Improvement Program of 1982, the United States Government may pay a portion of the cost of these improvements. The above Act of Congress provides that the construction work and labor in each state shall be done in accordance with the laws ,of that_state subject to the inspection and approval of the FAA and in accordance with the rules and regulations made pursuant to said Act. The construction work, therefore, will be subject to such inspection by the Administrator of the Federal Aviation Administration or his agents as may be deemed necessary to meet with the above requirements when Federal funds are used, but such inspection will in no sense make the Federal Government a party to this contract and will in no way interfere with the rights of either party to the contract. SC -23 INDEMNIFICATION The Contractor shall indemnify and hold harmless and defend the Owner, Engineer and all of the Owner's officers, agents and employees from all suits, actions, claims, damages, personal injuries, losses, property damage and expenses of any character whatsoever, including attorney's fees, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act of the Contractor, their agents or employees, or any subcontractor, in the execution, supervision and operations growing out of or in any way connected with the performance of this contract, and the Contractor will be required to pay any judgment with costs which may be obtained against the Owner, Engineer or any of its officer, agents or employees, including attorney's fees. The Contractor shall indemnify and hold harmless and defend the Owner, Engineer and all of the Owner's officers, agents and employees from all suits, actions, claims, damages, personal injuries, property damage, losses and expenses of any character whatsoever, including attorney's fees, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent. act of the Owner, Engineer, the Owner's officers, agents and employees, whether such negligent act was the sole proximate cause of the injury or damage or a proximate cause jointly and concurrently with the Contractor or the Contractor's employees, agents or subcontractors negligence, in the execution, supervision and operations growing out of or in any way connected with the performance of this contract, and the Contractor will be required to pay any judgment with costs which may be obtained against the Owner, Engineer or any of its officers, agents or employees, including attorney's fees. The Contractor agrees that he will indemnify and save the'Owner and Engineer harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, power tools, all supplies, including commissary incurred in the furtherance of the performance of this contract. When the Owner, so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 01272000 SC - 13 03/01 No Text No Text