HomeMy WebLinkAboutResolution - 2006-R0428 - Contract To Rehabilitate Airside Asphalt Pavement - Hasco, Inc. - 09_13_2006Resolution No. 2006—RO428
September 13, 2006
Item No. 5.25
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 to rehabilitate
airside asphalt pavement per ITB #06-716-BM, by and between the City of Lubbock and
Hasco, Inc. of Summerfield, NC, 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 13th day of September _,2006.
ATTEST:
Reb cca Garza, City Secretary
AS TO CONTENT:
of Transportation & Public Works
APPROVED AS TO FORM:
M. Knight, Askant CifAttorney
gs/ccdocs/Contract-Hasco, Inc.res
August 23, 2006
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CITY OF LUBBOCK
SPECIFICATIONS FOR
REHABILITATE AIRSIDE ASPHALT PAVEMENT
ITB #06-716-BM
CONTRACT #7107
Plans & Specifications may be obtained from
THE REPRODUCTION COMPANY
http://pr.thereproductioncompany.com/
Phone: (806) 763-7770
CITY OF LUBBOCK
Lubbock, Texas
I
ICCY F VO-I IO-t5M, A,
Idendum #1
City of'Lubbock
PUBLIC WORKS CONTRACTING OFFICE
SUITE 102, MUNICIPAL BUILDING
1625 13T" STREET
LUBBOCK, TEXAS 79401
PH:(806)775-2163 FAX:(806)775-3326
http://purchasing-ci.lubbock.tx.us
ADDENDUM #I
RFP#06-716-BM
REHABILITATE AIRSIDE ASPHALT
PAVEMENT
DATE ISSUED: August 14, 2006
CLOSE DATE: August 17, 2006 @ 3:00 P.M.
The following items take precedence over specifications for the above named Request for Proposals (RFP).
Where any item called for in the RFP documents is supplemented here, the original requirements, not affected
by this addendum, shall remain in effect.
1. Please see Engineer's Changes to Specifications, ATTACHED as PSC ADDENDUM NO. 1.
All requests for additional information or clarification must be submitted in writing and directed to:
Bruce MacNair, Interim Public Works Contracting Officer, City of Lubbock, P.O. Box 2000, Lubbock, Texas
79457.Questions may be faxed to (806)775-3326 or Email to Bmacnair(a,mylubbock.us .
THANK YOU,
CITY OF LUBBOCK
v
Bruce MacNair
Interim Public Works Contracting Officer
It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's responsibility to advise the City of Lubbock
Interim Public Works Contracting Officer if any lanauaae, reauirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in
this RFP to a single source. Such notification must be submitted in writing and must be received by the Interim Public Works Contracting Officer no later than five (5)
business days prior to the proposal close date. A review of such notifications will be made.
RFP # 06-716-BMAdl 1
ADDENDUM N4.1
TO: All Prospective Bidders / Plan Holders
PROJECT: Rehabilitate Airside Asphalt Pavement
DATE: 8/ l 0/06
PSC Job No: 01-2740-05
This Addendum forms a part of the Contract Documents and modifies the original Bidding Documents
dated June, 2006 as noted below. Acknowledge receipt of this Addendum in the space provided on the Bid
Form. Failure to do so may subject the Bidder to disqualification.
This Addendum consists of 2 page(s)
I CHANGES TO SPECIFICATIONS:
A. Modifications to Engineering Brief #44A, Coal -Tar Seater/Rejuvenator, of the project
specifications, shall be amended as follows:
Delete the entire modification sheet EB44A-ato the specification section for Engineering
Brief #44A. Coal -Tar Sealer/Rejuvenator and replace it with the following. This
specification will not be modified with the exception of the required clarification
reQurdine method of measurement and basis ofglyment
1. Paragraph 4.1 METHOD OF MEASUREMENT Coal -tar sealer/rejuvenator shall be
measured by the square yard. Delete all other methods of measurement.
2. "Paragraph 5.1 BASIS OF PAYMENT - Delete this entire paragraph, and insert the
following.
"Payment shall be made at the contract unit price per square yard for coal -tar
sealer/rejuvenator. This price shall be full compensation for furnishing all materials
and for all preparation, placing and applying of the materials, and for all labor,
Payment will be trade under:
Item EB44A, Coal -Tar Sealer/Rejuvenator, per square yard."
B. Modifications to P-605 Joint Sealing Filler, of the project specifications. Amend modification
sheet 605-a as follows:
Item 5 of the modification - "Paragraph 605-3.2 PREPARATION OF JOINTS". Delete
the third paragraph of this modification (Paragraph starting with "All cracks''/•" wide...')
and replace it with the following:
PARKHILL, SMITH 8, COOPER, INC.
Engineers - Architects • Planners
4222 85th Street, Lubbock, Texas 79423
Phone (806) 473-2200 Fax (806) 473-35M
Lubbock El Paso Midland Amarillo Odessa
"All cracks 'A" wide and wider in the existing pavement shall be cleaned prior to
application of the sealer/rejuvenator. Cleaning shall be accomplished using power
brooms, compressed air or other approved equipment, and shall be as required to ensure
maximum adhesion of the surface treatment and maximum penetration of the rejuvenator
agents. Prior to filling, the cracks shall be free from dust, dirt, moisture, loose foreign
matter, grease, oil, vegetation, and any other form of objectionable material. The
Contractor shall be responsible for removing and disposing of all materials cleaned from
the pavement. After application of the coal -tar sealer/rejuvenator, and after an
appropriate curing period (as described in Engineering Brief #44A, Coal -Tar
Sealer/Rejuvenator), the cracks shall be cleaned again (if needed) and sealed in
accordance with this specification. In no case shall water be used to clean the cracks.
Cracks shall be surface dry when sealant is applied."
END OF ADDENDUM NO. 1
i q :•� -..� w,
.NIININN•NN.IIINI NIIIIIN
JOHN Y. OAMILTON
,111 ............
'.'4;: 85468 ::�;
Respectfully submitted,
PARKHILL, SMITH & COOPER, INC.
By:
John T. Hamilton, PE
&M/22�
to
Receipt of this addendum shall be acknowledged by the Bidder, below and on she bid Proposal This
entire addendum, or a copy thereof, shall be attached to the bid Proposal submitted
ACKNOWLEDGED:
PARKHILL, SMITH & COOPER, INC.
Engineers • Architects • Planners
4222 85th Street, Lubbock, Texas 79423
Phone (806) 473-2200 Fax (806) 473-3500
Lubbock Et Paso Midland Amarillo Odessa
CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: REHABILITATE AIRSIDE ASPHALT PAVEMENT
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 06-716-BM
ACCOUNT NUMBER: 8508.9251.30000
CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE
INDEX
1. NOTICE TO BIDDERS
2. GENERAL INSTRUCTIONS TO BIDDERS
3. BID SUBMITTAL
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
NOTICE TO BIDDERS
NOTICE TO BIDDERS
ITB #06-716-BM
Sealed bids addressed to Bruce MacNair, Public Works Contracting Officer, City of Lubbock, Texas,
will be received in the office of the Public Works Contracting Officer, Municipal Building, 1625 13th Street,
Suite 102, Lubbock, Texas, 79401, until 3:00 P.M. on August 17, 2006 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:
REHABILITATE AIRSIDE ASPHALT PAVEMENT
After the expiration of the time and date above first written, said sealed bids will be opened in the office
of the Public Works Contracting Officer and publicly read aloud. It is the sole responsibility of the bidder to
ensure that his bid is actually in the office of the Public Works Contracting Officer for the City of Lubbock,
before the expiration of the date above first written.
Bids are due at 3:00 P.M. on August 17, 2006 and the City of Lubbock City Council will consider the
bids on September 14, 2006 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 ten (10) business 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. FAILURE OF THE BIDDER TO INCLUDE BID
SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND
RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL.
It shall be each bidder's sole responsibility to inspect the site of the work and to inform himself regarding
all local conditions under which the work is to be done. It shall be understood and agreed that all such factors
have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -
mandatory pre -bid conference on August 8, 2006 at 10:00 A.M. in the Lubbock Preston Smith International
Airport, Ambassador Room, Lubbock, Texas.
Bidders may view the plans and specifications without charge at The Reproduction Company, 2102
Avenue Q, Lubbock, Texas 79405. ONE SET OF PLANS AND SPECIFICATIONS MAY BE OBTAINED,
AT THE CITY'S EXPENSE, FROM THE REPRODUCTION COMPANY WITH A $100 REFUNDABLE
DEPOSIT, Phone: (806) 763-7770, http://yr.thg=roductioncompany.com/. Additional sets of plans and
specifications may be obtained at the bidder's expense.
- CONTINUED NEXT PAGE -
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem
wages included in the contract documents on file in the office of the Public Works Contracting Officer of the
City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is
further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein
concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore
established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this
advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in
response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or
national origin in consideration for an award.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid
meetings and bid openings are available to all persons regardless of disability. If you require special assistance,
please contact the Public Works Contracting Office at (806) 775-2163 or write to Post Office Box 2000,
Lubbock, Texas 79457 at least 48 hours in advance of the meeting.
CITY OF LUBBOCK
R�
Bruce MacNair
Public Works Contracting Officer
i
GENERAL INSTRUCTIONS TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID DELIVERY. TIME & DATE
1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish REHABILITATE
AIRSIDE ASPHALT PAVEMENT per the attached specifications and contract documents. Sealed
bids will be received no later 3:00 P.M. CST, August 17, 2006 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 comer: "ITB #06-716-BM, REHABILITATE AIRSIDE ASPHALT PAVEMENT" 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:
Bruce MacNair, Public Works Contracting Officer
City of Lubbock
Public Works Contracting Office
1625 13th Street, Suite 102
Lubbock, Texas 79401
1.2 Bidders are responsible for making certain bids are delivered to the Public Works Contracting Office.
Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does
not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt.
1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier
service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic
transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS.
1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an
addendum.
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
Ambassador 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 ADDENDA information available over
the Internet at httR://www.RFPdQot.com. We strongly suggest that you check for any addenda a
minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT
INTERNET ACCESS may use computers available at most public libraries.
3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may
request an interpretation thereof from the Public Works Contracting Office. At the request of the bidder,
or in the event the Public Works Contracting Office deems the interpretation to be substantive, the
interpretation will be made by written addendum issued by the Public Works Contracting Office. Such
addenda issued by the Public Works Contracting Office will be available over the Internet at
httv://www.RFPdgpot.com and will become part of the proposal package having the same binding effect
as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE
BINDING. In order to have a request for interpretation considered, the request must be submitted in
writing and must be received by the City of Lubbock Public Works Contracting Office no later than five
(5) days before the bid closing date.
3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of
Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only
information supplied by the City of Lubbock Public Works Contracting Office in writing or in this ITB
should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt
of this ITB with any individuals, employees, or representatives of the City and any information that may
have been read in any news media or seen or heard in any communication facility regarding this bid
should be disregarded in preparing responses.
3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders.
4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS
4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all
requirements before submitting a bid to ensure that their bid meets the intent of these specifications.
4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations
that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to
Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to
comply, in every detail, with all provisions and requirements of the Invitation to Bid.
4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents,
shall be given to the Public Works Contracting Officer and a clarification obtained before the bids
are received, and if no such notice is received by the Public Works Contracting Officer 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 Public Works Contracting Officer 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.
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 secret or commercial or financial information that may be withheld
from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction.
In the event a public information request is received for a portion of your bid that you have marked as
being confidential information, you will be notified of such request and you will be required to justify
your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the
Government Code. In the event that it is determined by opinion or order of the Texas Attorney General
or a court of competent jurisdiction that such information is in fact not privileged and confidential under
Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such
information will be made available to the requester.
6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open
Records Act.
7 LICENSES, PERMITS, TAXES
The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or
may be required to pay.
UTILIZATION OF LOCAL BUSINESS RESOURCES
8.1 Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local
resources, and to outline in their bid submittal how they would utilize local resources.
CONFLICT OF INTEREST
9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement
with any employee, official or agent of the City of Lubbock in regard to this bid.
9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not
offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of
special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any
other exercise of discretion concerning this bid.
10 CONTRACT DOCUMENTS
10.1 All work covered by the contract shall be done in accordance with contract documents described in the
General Conditions.
10.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents
for the construction of this project and shall be responsible for the satisfactory completion of all work
contemplated by said contract documents.
11 PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by
the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without
charge. The contract documents may be examined without charge as noted in the Notice to Bidders.
12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS
12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be
the bidder's responsibility to advise the Public Works Contracting_ Officer 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 Public Works Contracting Office no later than ten (10) calendar days before the bid closing
date. A review of such notifications will be made.
BRUCE MACNAIR, PUBLIC WORKS CONTRACTING OFFICER
City of Lubbock
Public Works Contracting Office
1625 13t' Street, Suite 102
Lubbock, Texas 79401
Fax: (806)775-2164
Email: bmacnaiO_q mylubbock.us
RFPDepot: http://www.RFPdgpot.com
13 TIME AND ORDER FOR COMPLETION
13.1 The construction covered by the contract documents shall be substantially completed within 105 (ONE
HUNDRED FIVE) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to
Proceed issued by the City of Lubbock to the successful bidder.
13.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided,
however, the City reserves the right to require the Contractor to submit a progress schedule of the work
contemplated by the contract documents. In the event the City requires a progress schedule to be
submitted, and it is determined by the City that the progress of the work is not in accordance with the
progress schedule so submitted, the City may direct the Contractor to take such action as the City deems
necessary to ensure completion of the project within the time specified.
14 PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the
contract documents.
15 AFFIDAVITS OF BILLS PAID
The City of Lubbock, prior to final acceptance of this project, requires the Contractor to execute an affidavit that
all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the
contract documents have been paid in full and that there are no claims pending, of which the Contractor has been
notified.
16 MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will
be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve
the Contractor of full responsibility for providing materials of high quality and for protecting them adequately
until incorporated into the project. The presence or absence of a representative of the City on the site will not
relieve the Contractor of full responsibility of complying with this provision. The specifications for materials
and methods set forth in the contract documents provide minimum standards of quality, which the Owner
believes necessary to procure a satisfactory project.
17 GUARANTEES
17.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against
defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the
Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in
the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such
defects appear within ONE year from date of final acceptance of the work as a result of defective
materials or workmanship, at no cost to the Owner (City of Lubbock).
17.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and
warrants fault -free performance and fault -free result in the processing date and date -related data
(including, but not limited to calculating, comparing and sequencing) of all hardware, software and
firmware products delivered and services provided under this Contract, individually or in combination, as
the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will
be recognized and accommodated and will not, in any way, result in hardware, software or firmware
failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate
the procedures it intends to follow in order to comply with all the obligations contained herein.
17.3 The obligations contained herein apply to products and services provided by the Contractor, its sub-
contractor or any third party involved in the creation or development of the products and services to be
delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations
contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and
under this Contract including, but not limited to, its right pertaining to termination or default.
17.4 The warranties contained herein are separate and discrete from any other warranties specified in this
Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the
Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or
any document incorporated in this Contract by reference.
18 PLANS FOR THE CONTRACTOR
The contractor will, upon written request, be furnished up to ten sets of plans and specifications and related
contract documents for use during construction. Plans and specifications for use during construction will only be
furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to
suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the
Contractor.
19 PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any
and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the
date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have
been opened and before the contract has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the intended contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
(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.
20 TEXAS STATE SALES TAX
20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to
provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
19.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the
materials to be incorporated into the work without paying the tax at the time of purchase.
21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a
way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or
other underground structures which might or could be damaged by Contractor during the construction of the
project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the
location of all such underground lines and utilities of which it has knowledge. However, such fact shall not
relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or
damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired
immediately by Contractor to the satisfaction of the City of Lubbock, Texas, and the private utility owner, as
applicable, at Contractor's expense.
22 BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and
shall take such other precautionary measures for the protection of persons, property and the work as may be
necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs,
and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and
replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of
barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
acceptance of the project.
23 EXPLOSIVES
23.1 The use of explosives will not be permitted unless written permission to do so is obtained by the
Contractor from the City. In all cases where written permission is obtained for the use of explosives, the
Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result
of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall
use utmost care so as not to endanger life or property and the Contractor shall further use only such
methods as are currently utilized by persons, firms, or corporations engaged in similar type of
construction activity.
23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor.
23.3 In all cases where explosives are to be used during the construction of the project contemplated by this
contract, it shall be the duty of the Contractor to notify each utility company having structures (above or
below, the ground) in proximity to the site of the work of Contractor's intention to use explosives, and
such notice shall be given sufficiently in advance to enable the companies to take such steps as they may
deem necessary to protect their property from injury. Such notice, however, shall not relieve the
Contractor of responsibility for any damage resulting from his blasting operations.
24 CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times while the
work is in progress under this contract. The successful bidder shall be required to furnish the name, address and
telephone number where such local representative may be reached during the time that the work contemplated by
this contract is in progress.
25 INSURANCE
25.1 The Contractor shall not commence work under this contract until he has obtained all insurance as
required in the General Conditions of the contract documents, from an underwriter authorized to do
business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the
City and written notice of cancellation or any material change will be provided 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. 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.
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE
FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES
FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL
INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF
LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE
ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT
6
NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL
BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF
OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION
COVERAGE FOR EACH SUBCONTRACTOR.
26 LABOR AND WORKING HOURS
26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem
wages included in these contract documents. The wage rate that must be paid on this project shall not be
less than specified in the schedule of general prevailing rates of per diem wages as above mentioned.
The bidders' attention is further directed to the requirements of 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:
26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the
necessary service to its citizens.
26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a
diligent effort to complete the contract within the allotted time.
26.1.3 A longer workweek is authorized under Section 01140 — Work Restrictions of the specifications.
26.2 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.
26.3 In any event, if a condition should occur or arise at the site of this project or from the work being done
under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately
commence work, regardless of the day of the week or the time of day, to correct or alleviate such
condition so that it is no longer dangerous to property or life.
27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project
under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without
discount, not less often than once each week. The Contractor and each of his subcontractors 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 calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the
wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem
wages included in these contract documents.
28 PROVISIONS CONCERNING ESCALATION CLAUSES
Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the
bidder without being considered.
29 PREPARATION FOR BID
29.1 The bidder shall submit his bid 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)
29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If
a bid is submitted by a firm, association, or partnership, the name and address of each member must be
given and the bid signed by a member of the firm, association or partnership, or person duly authorized.
If the bid is submitted by a company or corporation, the company or corporate name and business address
must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing
agents or others to sign bids must be properly certified and must be in writing and submitted with the bid.
The bid shall be executed in ink.
29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
endorsed on the outside of the envelope in the following manner (The City does not accept bids by fax.
However, there are companies in Lubbock that will receive, seal, and deliver faxed bids. These
companies are listed in the Yellow Pages under Mailing Services. Bids delivered using this service must
be delivered on -time and addressed as specified in the Notice to Bidders and endorsed on the outside of
the envelope in the following manner.):
28.3.1 Bidder's name
28.3.2 Bid for Rehabilitate Airside Asphalt Pavement.
29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids,
but no bid may be withdrawn or altered thereafter.
29.5 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 BED SUBMITTAL
FORM PRIOR TO BID OPENING.
30 BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and 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
(e) Contract
(f) General Conditions of the Agreement
(g) Special Provisions
(h) Technical Specifications
(i) Insurance Certificates for Contractor and all Sub -Contractors
0) 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.
31 OUALIFICATIONS 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 bidder's
bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or
investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out
the obligations of the contract and to complete the work described therein. Evaluation of the 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.
Before contract award, the recommended contractor for this project may be required to show that he has
experience with similar projects that require the Contractor to plan his work efforts and equipment needs with
City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar
municipal and similar non -municipal current and completed projects for the past three (3) years for review. This
list shall include the names of supervisors and type of equipment used to perform work on these projects. In
addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform
work on this project in compliance with City of Lubbock specifications herein.
32 BID AWARD
32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to
waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole
discretion.
32.2 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.
32.3 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.
32.4 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be
cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to
determine possible Anti -Trust violations.
32.5 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than
lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder
would be required to underbid the nonresident bidder in the nonresident bidders' home state.
32.6 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the
State of Texas and under the laws of the State of Texas. In connection with the performance of work, the
Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all
other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the
same may be applicable.
32.7 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.
32.8 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.
33 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS
33.1 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.
33.2 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 5 1 % 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.
33.3 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.
33.4 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://t)urchasinji.ci.lubbock.tx.us/vendor.htm.
10
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.
33.5 Administrative reconsideration
Within 10 days of being informed by City of Lubbock that it is not responsive because it has not
documented sufficient good faith efforts, a bidder may request administrative reconsideration. Bidders
should make this request in writing to the following reconsideration official: Bruce MacNair, Public
Works Contracting Officer, 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.
33.6 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 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.
33.7 Counting DBE Participation
The City will count DBE participation toward overall goals as provided in 49 CFR 26.55.
33.8 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.
33.9 Process
The City's certification application form and documentation requirements are found in Attachment 5 of
the Airport's DBE Plan.
11
For information about the certification process or to apply for certification, firms should contact: Kelly
Campbell, Deputy Director Finance and Administration, Lubbock International Airport, Rt. 3 Box 389,
Lubbock, Texas 79403, 806/775-3126, kcampbell(a),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 Public Works Contracting
Officer will serve as the decision maker in decertification proceedings. The City has established an
administrative "firewall" to ensure that the Public Works Contracting Officer 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.
33.10 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 71h 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).
33.11 "Recertification"
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:
1. 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.
33.12 "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.
12
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(l). [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.
33.13 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.
33.14 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.
33.15 Reporting to DOT
The City will report DBE participation to DOT annually on Form 4630, as modified for use by FAA
recipients.
35 Veteran's Preference
It shall include in all contracts for work on any project funded under the grant agreement which involve labor,
such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative,
and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as
defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the
individuals are available and qualified to perform the work to which the employment relates.
13
36 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.
37 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.
38 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.
39 Monitorina 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.
14
The City of Lubbock WILL REQUIRE CERTIFICATION that work contracted with a DBE is actually performed
by the DBE. We may follow up this certification by conducting on -site evaluations to monitor the performance
obligated in the contract.
In the event of non-compliance with the DBE regulation by any participant in our procurement activities, the City
of Lubbock shall be entitled to pursue any and all remedies allowed by the laws of the State of Texas and the
Federal Government. Such remedies may include, but not necessarily be limited to, the following:
a. Civil action, in a court appropriate jurisdiction, for breach of the contract. Such damages may be set
forth in the contract as predetermined damages, consequential damages arising out of the breach
and/or specific performance.
b. Criminal prosecution may result from the commission of fraud or other criminal activity on the part
of a party to the contract. In the event that a crime is perceived to have occurred, the city may refer
the case to the appropriate law enforcement or prosecutorial authority for further action. In such
event the city anticipates cooperating with such agency in the investigation and prosecution of a
criminal case.
15
BID SUBMITTAL
A
BID SUBMITTAL
UNIT PRICE BID CONTRACT
DATE: S I /G ! O 6
PROJECT NUMBER: #06-716-BM — REHABILITATE AIRSIDE ASPHALT PAVEMENT
Bid of -��7'/i�/yG (hereinafter'called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Ladies and Gentlemen:
The Bidder, in compliance with your Invitation to Bid for the construction of REHABILITATE AIRSIDE ASPHALT
PAVEMENT 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 below. The price to cover all expenses incurred in performing the
work required under the contract documents.
Estimated
Item Quantity
No. & Unit Description of Item Total Amount
I. I LS Item P-140, Mobilization (including bonds, insurance, and demobilization),
per lump sum.
MATERIALS: /l/SR 721erd Ce .415 $300Aa.t�
LABOR: f i /I 3 �d00A(7. od/Ls( o2011 t90 . Q ��
TOTAL ITEM #]: 9&;M"d 2CA0 eeAh
(Unit Prise Amoaab sha be shaven in both words and ■umenis in can of discrepancy, the amount shows in words shall lovers.)
Z. 304,000 SY Item EB 44A, Coal -Tar Sealer/Rejuvenator, complete per square yard.
MATERIALS: 41441. V$ • 5t? /SY(15fe, D• W)
LABOR: S $ ' d5 /SY( 5ode, OD)
TOTAL ITEM #2: -S $ ' 1 ✓ /ShIV7
(Unit Price Amounts shall be shown in th wards and eamenls. In ease of discrepancy, the amount shown in words shall govern.)
.�� Offeror's Initials
Y
B
Estimated
Item Quantity
No. & Unit Description of Item Total Amount
3. 43,400 SF Item P-620, Obliterate existing runway and taxiway painting, complete,
per square foot.
MATERIALS:
-
LABOR:
p
S $ /SF( O ��D • ��)
TOTAL ITEM #3:
'
- $ • �J /SF( S�ID• �Qj
(Usit Price Amounts shall be showl is both words ■ed numerals. In can of discrepancy, the amount shows in words shall govern.)
4. 43,400 SF
Item P-620, Runway and Taxiway permanent marking, complete, per square foot.
MATERIALS:
' / S $ • 31 /SF( ��7'�l• ��
LABOR: Atre
�)
Ifen$ , ly /SF( 4 D7,4•BId
TOTAL ITEM #4:
Ac
-Ave $ . 7 J /SFl ��3� • O(/1
(Unit Price Amounts shall be sbo4v in both words and numerals. In ease of discrepancy, the amount shown in words shall govern)
S. 166,500 LF
Item P-605, Joint Sealing Filler, Clean and Seal Cracks in Existing Bituminous
Pavement, complete, per linear foot.
MATERIALS:
"'Qrl Cell-/ s $ • A9 /LF( 1ik0l �D )
LABOR:
'��'�'!r-L/ L�LS $ ILFI �0(�(/• �/G�(
• O
TOTAL ITEM #5:
l 7 $ • 6 o ILF(7 / / QD
(Unit Price Amounts shall he sh s is both words and numerah4 In can of discrepancy, the amount shows is words shall govern.)
6. 16,650 GL
Item P-605, Joint Sealing Filler, Material Used in Sealing Cracks in Existing
Bituminous Pavement (ASTM D3405) complete, per galleon.
MATERIALS:
�r
YL - I i y ZL/'O $400 lGL(O�a�70'
LABOR:
�'f� $ /GL( )
TOTAL ITEM #6: �Y'G
t�i !1 az5 �r� ���1 3�'' /GL(
(Unit Price Amounts shall be shown in both words sad aumershL In ease of discrepancy, the amount shown in words shas govera.)
Bidder's Initials
2
Estimated
t Item Quantity
No. & Unit Description of Item Total Amount
TOTAL BASE BED, ITEMS #/1--/#6:
' L" MATERIALS: �n/L�`ili/i11rW �/�A�5��1gr/liilC�lllidi'�d 1'��19� S
'off b
LABOR:to,0 •
t" TOTAL BASE BIP
ITEMS #I - #6. W 14M,41,
(Unit Price Amounts shall be shown i tb words and numerals. In ease of discrepancy, the afimat shown in words shall govern.)
ADDITIVE ALTERNATE A — TAXIWAY BRAVO
A-1 7,400 SY Item EB 44A, Coal -Tar sealer/rejuvenator, complete, per square yard.
1` MATERIALS: 7 -5 $ . J a /SY( J" • 440)
LABOR: 4ye 4�,c,�5 $ . 4?5 /SY(l
TOTAL ITEM A-1: /SY(j� 7tl ..40)
(Unit Price Amounts shag be shown in both words and numerals. In case of discrepancy, the amount shown in words shag govern.)
A-2 1,300 SF Item P- 0, Obliterate existing pavement marking, complete, per square foot
`E MATERIALS: ✓ 11g,0C15 $ i T� /SF(�d , egO
LABOR: ���/1 S $ ' 020 /SF( O? (Ot% . a )
TOTAL ITEM A-2: J���Ty�' �7�� tC'�i�S $ 0 6.S /SF( O 4 ✓ '400 )
(Unit Price Amounts shall be sbowfi in both words and numerals. In eau of discrepancy, the amount shown in words shall govern.)
A-3 1,300 SF Item P-620, taxiway pavement marking, complete, per square yard.
MATERIALS: 4Y4 - tpMe 4e d-5 /SF( !D7 • �� )
f
LABOR: T S $ �7 /SF( ! fo?�'�y )
TOTAL ITEM #6: % re 4J $ /SF( �y✓ d� )
(Unit Price Amounb shauTie show ■both words and namersk In cast of discrepancy, the amount shown is words shall govern.)
i
1
Bidder's Initials
t
KI
Estimated
Item Quantity
No. & Unit Description of Item Total Amount
A-4 4,050 LF Item P-605, Joint Sealing Filler, Clean and Seal Cracks in Existing Bituminous
Pavement, complete; per linear foot. L//J,�
MATERIALS: �`f ��/I7 $ • w ILF( 4 vim' O� )
LABOR: /LF(�De0�•f!� )
TOTAL ITEM #6: /LR -r OD )
(Unit Price Amounts shall be shmvffis boti words and mumer-IL In cast of discrepancy, the amount show ■ in words shall govern.)
A-5 405 GAL Item P-605, Joint Sealing Filler, Material Used in Sealing Cracks in Existing
Bituminous Pavement (ASTM D3405) complete, per gallon.
MATERIALS: ? " e6f2/-f ' .D�/ /GAL(OMI ✓- D61
LABOR: urt� $D /GAL(01
TOTAL ITEM #6: 'i !� C U $ c%40 /GAL(4;W- • 0)
(Unit Price Amounts shall be shows is bo words and numerals. In can of discrepancy, the amount shown is words shall Rovers.)
TOTAL ADDITIVE ALTERNATE A
MATERIALS: %`al$� -Si ? / �l�t� ► D�
Al
LABOR: ILz Ausbrew4ex �CNSC 7 ��' $ 41-317• U
TOTAL ADDITIVE AL RNA
JQE
ITEMS #Al - #A5: - r�!' �����• v
(Unit Price Amounts shall be shows in both words sad numerals. In can of discApsafy, the amount sbown is words shall ewers.)
ADDITIVE ALTERNATE B-17L/35R AND ASSOCIATED TAXIWAYS
F1 A M^^ [T T T---- TT • A A /9- -1 ^ -- - - --�-- --------`-1--- --- --- --- - --,
TOTAL ITEM B-1: Jlf�(►�
(Unit Price Amounts shall be
.. scveh e e^is $ • 27' lSY(3iKf4F/-44�
in both words mad numerak In can of discrepancy, the amount shows in words shall covers.)
4
4144� Bidder's Initials
i
'6W
Estimated
Item Quantity
No. & Unit Description of Item Total Amount
B-2 35,000 SF Item P-620, Obliterate existing pavement marking,com/pll-ettee, per square foot
MATERIALS: Ae LeCILIS $ - 7 �/SF 11.7 Zrol Oy )
LABOR: e�Px,/5 $ •.2 D /sF
TOTAL ITEM B-2: 01, M e ' D�i �� e eA15 $ (O !SF ( ao �15o '
(Unit Price Amounts shall be shows in both words and numerals, in can of discrepancy, the: show? is words mall govern.)
B-3 35,000 SF Item P-620, taxiway pavement marking, complete, per square yard
TOTAL ITEM #6: �Da e 041 - 4-ill egA,1-5 $ • 0 ISF (/✓16%5D• q)
(Unit Price Amounts shall be shown in b6th words and numerals In use of discrepancy, the amount shown is words shall govern.)
y B4 24,800 LF Item P-605, Joint Sealing Filler, Clean and Seal Cracks in Existing Bituminous
Pavement, complete, per linear foot.
Q bb •��
MATERIALS: /LF( ��40 1
L LABOR: L.LT S $ • lLF(I2T 0d . )
TOTAL ITEM #6: slVA, S $ , /LF(14 d dW'40 )
(Unit Price Amounts shall be shown ' both words and numerals. in ease of discrepancy, the amount shown in words shall govern.)
L
B-5 2,480 GAL Item P-605, Joint Sealing Filler, Material Used in Sealing Cracks in Existing
Bituminous Pavement (ASTM D3405) complete, per gallon.
f ,`
MATERIALS: �r� [ l �L�L/S 7 Zeio �wlS $ �DD /GAL( Z
Le ? MO" eQ
r
O /GAL,( O
TOTAL ITEM #6:t7 ;-,O & & /S 2 L fir/ LeA $ 4 ' 4010 /GAL( le7040
(Unit Price Amounts shall be shown is both words sod ssmerais In cue of discrepancy, the amount shown is words shall govern.)
* L'• Bidder's Initials
5
4
1 Estimated
Item Quantity
No. & Unit Description of Item Total Amount
r
! r
TOTAL ADDITIVE
ALTERNATE B
MATERIALS: Iv -Af 44PAP-.4-11 7 �l� �. D O
LABOR: D
TOTAL ADDITIVE ALTERNA
ITEMS #BI - #BS
(Unit Price Amousts shall be shown is both words mod nomersis. In came of discrepancf, the amount shown is words shall govern.)
ADDITIVE ALTERNATE C — RUNWAY 8 26 SHOULDERS
C-1 52,400 SY Item EB 44A, Coal -Tar sealer/rejuvenator, complete, per square yard.
MATERIALS: IV% ��j(/4 �L�d.�s $_ ._S /SY(�i°7�4 - L
C-2 5,600 SF
MATERIALS:__
Item P-620 Obliterate existing pavement marking, complete, per square foot
7 �y�e C e1&1,5 $ r T J /SF(O&-29•")
LABOR: �S $ ' 2D /SF( l�o?D• D )
TOTAL ITEM C-2: ' L S $ ISF( 0
(Unit Price Amonsts sbail be shown in both words and nomerals. In case of discrepancy, the amount shown in words sball rwem)
C-3 5,600 SF Item P-620, taxiway pavement marking, complete, per square yard.
MATERIALS: y �!7✓ ! 5 $ �J /SF( / /��•
LABOR: el /tom -S $ /SR l )
TOTAL ITEM C-3: A6ie $ 1 6/
f � /SF( ��.�� 01
be (Uait Price Amossts shs shown"
hown is tb words asd numerals. in case of discrepancy, the amount shown in words sball Sovem)
A 4�-� Bidder's Initials
Estimated
Item Quantity
l
L, No. & Unit Description of Item Total Amount
C-4 28,700 LF Item P-605, Joint Sealing Filler, Clean and Seal Cracks in Existing Bituminous
Pavement, complete, per linear foot. �S
MATERIALS: M 15. $ • ILF(G�
- LABOR: MX745
$ f 30D /LF( 40
TOTAL ITEM C-4: 7V &_W, 4.5$ 0 /LF( 410
(Unit Price Amounts abag be shown is botb4ords mod numerals. to case of discrepancy, the amount shows in words shag govern.)
'r
C-5 2,870 GAL Item P-605, Joint Sealing Filler, Material Used in Sealing Cracks in Existing
Bituminous Pavement (ASTM D3405) complete, per gallon.
MATERIALS: At 1 , rADDD S $ /GAL(
LABOR: 2' /_ /'� $ V /GAL( d
TOTAL ITEM C-5: 1 12� AW-1; 2L/y AZA-1. $ .7 • �� /GAL( ✓Q to
(Unit Price Amounts shall be shown in both words and numerals. In ease of discrepancy, the amount shown in words shall govern.)
TOTAL ADDITIVE ALTERNATE C
-" MATERIALS: ", '
3 LABOR"— AIA'l ?
TOTAL ADDITI ALTE ATE
ITEMS #C1 - #C5: �' �: /� $
s (Unit Price AnVi5traWshail V.sb in both words and numerals. to ease of-disen6dncy, the amount shown in words sball govern.)
ti
TOTAL BASE BID AND ADDIT ALTERNATES A, B C VE
MATERIALST r 4 xvilko-ssl ,6* D D
LABO �X 'V/3.���Z.Dd
' TOTAL BASE BID & ADD T1VE 110A
ALTERNATES A, B & s $
(Unit Price Amounts shall be shown in both words and numerals. to ease of discrepancy, th amount shown in words sbali govern.)
r
L� Bidder's Initials
7
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 substantially complete the project within 105 (ONE HUNDRED -FIVE)
consecutive 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 $950 (EIGHT HUNDRED FUTfor 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 ten (10) business days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for
Dollars (S I or a Bid Bond in the sum of Dollars
(S ), 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 ten (10) business days after the date of receipt of
written notification of acceptance of said bid; otherwise, said check or bond shall be returned to the undersigned
upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance with the Notice to Bidders.
// L /S_' Bidder's Initials
Pursuant to Tens 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:
Secretary
Bidder acknowledges receipt of the following addenda:
Addenda No. �! Date 11��,,��/
,`�� DO �o
Addenda No. Date
Addenda No. Date
Addenda No. Date
Date:
thorized Signature
(Printed or Typed Name)
CO
Com an
Address e69 //'Y_/
City, � Coun
State Zip�y
Telephon 341( - Z%' S
Fax: _ si 3-- / - -
MIWBE Firm: Woman FF17a7cl American Native American
Hispanic American Asian Pacific American Other (Specif
LIST OF SUBCONTRACTORS
Minority Owned
Yes No
1.
0
2.
3.
❑ 0
4.
0 0
5.
❑ 0
6.
C 0
7.
8.
9.
0 D
10.
0 0
THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH
INSURANCE CERTIFICATES FOR EACH SUB -CONTRACTOR PURSUANT TO
SECTION 28G OF THE GENERAL CONDITIONS.
10
CITY OF LUBBOCK
INSURANCE REQUIREMENT AFFIDAVIT
To Be Completed by Offeror and Agent
And Attached to Proposal 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 I am awarded this contract by the City of
Lubbock, I will be able to, within ten (10) business days after being notified of such award by the City of
Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid.
ZZ'J/ 44�
Contractor (Signature)
Contractor (Print)
CONTRACTOR'S FIRM NAME: k1!lSL v �NC
(Print or Type)
CONTRACTOR'S FIRM ADDRESS: /OUG /'7�rSC.S�G� 7;it/ /
Name of AgentBroker:
Agent
Address of AgentBroker: /"11 • 409•
City/State/Zip: 5.2100
Agent/Broker Telephone Number: ( ) 1e 3 X
Date:
NOTE TO CONTRACTOR
If the time requirement specified above is not met, the City has the right to reject this proposal and award the
contract to another contractor. If you have any questions concerning these requirements, please contact the Public
Works Contracting Officer for the City of Lubbock at (806) 775-2163.
BID #06-716-BM — REHABILITATE AIRSIDE ASPHALT PAVEMENT
11
SAFETY RECORD QUESTIONNAIRE
(Must Be Submitted With Bid Submittal)
The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government
Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section
252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for
accurately determining the safety record of a bidder prior to awarding bids on City contracts.
The definition and criteria for determining the safety record of a bidder for this consideration shall be:
The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider
any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental,
mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things:
a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC),
against the bidder for violations of OSHA regulations within the past three (3) years.
b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations
within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to,
the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the
Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the
Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas
Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the
Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental
protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the
United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or
federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions,
administrative orders, draft orders, final orders, and judicial final judgments.
C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death.
d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the
bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment,
both for the workers and other employees of bidder and the citizens of the City of Lubbock.
In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential
contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3)
questions and submit them with their bids:
QUESTION ONE
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such
firm, corporation, partnership or institution, receive citations for violations of OSHA within the past three (3) years?
YES NO
If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid
submission, the following information with respect to each such citation:
Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty
assessed.
12
UESTION TWO
Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such futn,
corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or
type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal
licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders,
final orders, and judicial final judgments.
YES NO
If the bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid
submission, the following information with respect to each such conviction:
Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and
penalty assessed.
UESTION THREE
Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm,
corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which
resulted in serious bodily injury or death?
YES NO ✓
If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid
submission, the following information with respect to each such conviction:
Date of offense, location where offense occurred, type of offense, final disposition of offense, in any, and penalty
assessed.
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my
statements and answers to questions. I am aware that the information given by me in this questionnaire will be
investigated, with my full permission, and that any misrepresentations or omissions may cause my bid to be rejected.
SiZno
re Lea
Title
13
SUSPENSION AND DEBARMENT CERTIFICATION
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting
with or making sub -awards under covered transactions to parties that are suspended or debarred or whose
principals are suspended or debarred. Covered transactions include procurement contracts for goods or services
equal to or in excess of $25,000 and all non -procurement transactions (e.g., sub -awards to sub -recipients).
Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their
organization and its principals are not suspended or debarred by a Federal agency.
Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its
principals are not suspended or debarred by a Federal agency.
1, the undersigned agent for the firm named below, certify that neither this fine nor its principals are suspended
or debarred by a Federal agency.
COMPANY NAME: T/ MS �, 0 -LJ-- 4i6 __!
Signature of Company Official;
Date Signed: D - ��' 0 C4
Printed name of company official signing aboveV-4e
PAYMENT BOND
S'TA't'F:Tt)RYPA'k44llih"TB01%f 'YURSUAh``I7'i:(1:5`E
OF TEIR 'ITC XAS GOVERNN.4EW C ODJB
(CONTRACTS IMORE THAN t2: ;4t )
Bond No. T%C 42816
Y,N, JW ALLMIEK BY THESE PRESENTS, Oat. _fiasco Inc.
.,.......... (hertzuafitx. caTied'tae �ritsL�+a�s?,. as
:Prinoipa3(5), anti
Merchants;Boad3,ng,C2mpany,tual 2100 Fleur „Drive, Des Moines IA 50321
(Itetciitaztex called tiiz $ittery(s); as Sttrccy(s), WrIcId and imply bound into the.Gi4_ of t;uUo*,.(htreii3aiiGr itai]$d1ho:Ohligb6), in
tha arrc mt of *** Doilan (S 70 292. Wlaysf'ul inoikdy 4f the .Uiuted Staffs ig the
pny7tic t s�hc:eof, tire' satti ,I?riumal _ and Sur ly bi6d themscives; and tlicir itciza; iditsts strators,. exectztciYs, .star ccssors anti Mips_
s,.
:oiiatiy and seve a11$. twrrjy by these pre rots. ***Seven Hundred — Five Thousand Two Hundred —Minty Two Dollar
WAMEAS, tlx. 1?risx:#m1 lw4. eaterad into a ocrtasa ditto. 6xitract with the Obiiget- dared the . 13thday .o 00/ 100
_Se tember 006rtt.Bid #06-71 —BM —Rehabilitate jrside Pavement _
auita said Prittw till: tiiYder'the` law. is roq thi wpik. prov dod' for iu said c:or&wt to wttcige a bond is die aii omt:
of said conb!aO : hic3a odaMa is tstitby. refotred .to and rmde:a part hereof as Myr .wd.. to tlxe: am wnt AS it:capied at Ie"th ltmin,
Nr01ta' l M E RE,. TI3 C{3:�1i?T'1'iCi +' OF T1 S: p14LIGAII;UtV: Cs SUCH, Ow if the. said. r�ipai. shah pay: a4;.
daimartts a t lyuig lalbur aiid maieriai to Tii� !03 . i subcoutraotor: in. thty.pxowutlon of &a work pro%idcsi foY za
estilSatian stiaf3':rz �.riiclr a,hcr�'it to rczrigua: ixt f€ili: f>;ir�e`'atid cat;
PItQVl7l 3,: HC?N, 8VEK. drat: 7rss bond is: eitas�t re i ptir€traitt co Ilia: promsioas of S�etxcin 2ZS3;�Z,11a)'or.' tf<e TftU
ticjuetrut tt Codes .axia3 allIiabi:ii€es. ab Wsw boi d shill. be. dEtctrruaicd' in .accordasancr Wi*It the is tsos. of said �rtscic t tiie saissic
_%agnt as irit were: ctrpio;nt.iepgtfi t:,erreiw
fI WT';'�IS:S W%IEp:EO, tiic: sai3 Priiii zeal: (s) and Sixiety.(a?. j1ave sZd and ss`ed tbas ibstr3xment ti�is 22n . 4y iaf
September ZC: 06 ;
Mere s Bonding Coapg1py (Mutual)
Saxe
y: teven Jackaae
t i ile}Attorney-In—Fact
Hasco,Inc ..... ........... _...._
(Goti�}��ay;vauxsel
Z Coftrgte SOO/
0
The undersigmd surety company represents Lhat it is d4y"quAfified to: do busi=g in Tom%, and hereby dmig-nates
inlubbo& county.. to: .w whom Ong m wite. nodoes ftul be &h�ti6d ind on whom s mi-im of
Kevin J,,.Du Mn keent rts-idt.M.
procoss rtmyi,ie had in matters: arisftig, out of $Wh wret?,NP-
Merchants Bonding Company (Mutual)
suroty.
ir
--J&Qbwn
(TWO Attorney —In —Fact
APj.*(,-,V6d4
Ci
8V
Note: It, sipped by Ai)officetofthe. $UTPm. Cbn*any,.tt re.must be on 'file acerd-fitd oxuut Exosn the �ylaws s6owing:ftt d16-
lipipt�WC.MwIlviCr V.of.afturxqey for ou�. 1510s.
-Y :cOPy*'-PoWC!
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY
for Company Employees
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under
the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made,
constituted and appointed, and does by these presents make, constitute and appoint the following company employees
Steven J. Jackman
of Des Moines and State of Iowa its true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any
and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such
instrument shall not exceed the amount of:
Unlimited
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of
said Attomey-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This Power -of -Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By -
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002.
ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorneys -in -Fad, and to authorize them to execute on behalf of the Company, and attach the Seal of the
Company thereto, bonds and undertakings, reoognizances, contracts of indemnity and other writings obligatory in the nature
thereof.
ARTICLE 11, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile
to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the
same force and effect as though manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and
its corporate seal to be hereto affixed, this 1St day of January , 2006 .
STATE OF IOWA
COUNTY OF POLK ss.
MERCHANTS BONDING COMPANY (MUTUAL)
By
President
On this 1 st day of January 1 2006 before me appeared Larry Taylor, to
me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL),
the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said
Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first
above written.
CINDY SMYTH
IN f
Commission Number 173604
My Commission Expires u
March 16, 2009 Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLKss.
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a true and correct copy of the POWER -OF -ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is
still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on
this 22nd day of September 2006 , • . • • • • • . •��� �/
O�VO�P09q�gy�• Secretary
s 1933 c'
9
POA 0005 EMP (1/06) -
PERFORMANCE BOND
a`iN1' IT"OR'Y PI kF0RWkNCEWNTD PLMSUANT TO SECTION
OF THE: TEXAS (.o'v'.E.R. MIL- -I CODE
(f,:>CU)N'I`lE ACTS MORE 'i'lriAly $100 000)
Bond No. T%C 42816
KN60 ALL lEl . $Y T1 ESE FRF `N i'S; . i6c Hasco, Inc, (1aerexraxrlirr callccl tia :Prigs ipal{s)�. as. :ipal4),: and.
Merchants Bonding Company (Mutual)-., 2100 Fleur Drive, Des Moines, IA 50321
(hdefimfkq called the -'!w ti d4)—. as R-luvi gl 4o -hold i6d f jv:#ti nd W46 the Dry of l.Ubb.mk (1'=tinairrx rthe Otli ), Jo;
the airtom't. 0-q _ __. _ . .
..........:...�.e...w.�..:..-...�...F..-. .. I3o1hrs ($70 2, taWftrt aYis>ie� of .tfie tlioii �tam far: tie:
paynimx mAie of the said c3p4i. W.,sw0y liirrd qii lves; :anti :thm r ,#ise m adminisftwe, exe :riots; 9=== wAim
joiAt y:and wyecally, rlrtrily: byDrew p dents.. ***Seven Hundred -Five Thousand Two Hundred - Ninty Two Dollars
0#Q/ 100-
WrtUREAS, fire Prtxreipail has:: entered irm a o-tojo wrid n zodtiact. V4t}i tha; €� It ee, .diftd the 13tbaity o
#06 71.6-BM -.. R .habilitate.. Airside Pavement -
Bid - __.. ._
arxd s : i :»ri€ iptti. under rht~ ?aw is rc eeirr. 3se fiiire c azxi esi .tl �acfor P.rm! � £six iA sa Coitiract'#a . gate .�:�:iiil..isz tisc. a vzrt
cif aiii. cnntxact wfri b eoYiizaat is:tie e> q re exrc:i to aiui: im,...:kpm hereOf as f ly wid td the s '4mm as if copied at mSib:herejh;
K3%V;. rh"ERE CIRE,- THE C.OND "l IcN,. O��''IHIS o.aLIGIATiON, IS 'SUt:;E" that' if .the sa3�i �riis�_ipa? stair faitid'#ii �:
pufor-at the taxi* in accardatxe xvi�hr€ac plazas,. a fxeatio s anet rantraz rd ate xis, :there tD s ubti uta shall be otl ri{'a tv
to ixt .,1 ferret. atd,efrks;t
PROVWEi'), HOW- -NP-R At f bout is ecccuW paamam tt, Oie proviglrazas of :sgaim. 225 02.1.1
A,of the Tcaias
00r rnniei%t Cods ,' : Ad ill iia alztirs vxi this `bond shall: t+e 'cinewiine :iir. ac .rda>zct with>theIst 6v*ars of said. at. 41� ; to tbe.,sam:
e.xtserA as if 1t the're ciipiiad at.lex�}ttFi; eiit,
IN WnN_ESS: kWI XQV, flit . sWd PnOcii* (s) aixt Sdttty have. siped Abd scaled this 22nday of
M_ercha BonrdiR& Company (Mutual) Hasco, Inc.
SsuO[Yi/�/7/CtyT1t1Y A7tYiC) i
even J . Jack>aan
Otte) Attorney—in=Fact
NAOSCO t
c
Z CQOOrC't�
0
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C"lb
Qtofin o Is1C,
The wdersignod sireq, company repmenvs; allt it is #y qualified to: do buiines-s in Texas, and 1wreby desiSutes
Kevin 6 Sdent in Lubb w.wham any requisite nqdtes mar bedc : Wticd and on whoinI Milicie f
.J...D =n agent resident o0k-Count,
grocw r1my tx. had -in MtEers adsiiwo* of such swety*p-
s BondjaZ—Company (Mutual;
1 fur
::Steven J. .S -jackwn
Ti le) Attorney —in —Fact
Ajftwt:d as. to: Pbft
—ry
N6te: It signed by Q01crti of the. must bt o-A file a cerOW Wrai:t .tram..the �Y-laus-Showing:ihat 4.1is
hAs: awho rity:tO.-Sip $Up . h�q . �j ipj ion. If si . gp*I-bv,.wiAti6m im`fl tPo"
copy 0 . wer
CERTIFICATE OF INSURANCE
.4
ACORQ, CERTIFICATE OF LIABILITY INSURANCE OP ID 1 �a9 2`" 6`'
PBnmirry THIS CERTIFICATE 12 ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Triangle Insurance Group, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 1179 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Clayton NC 27528-1179
Dlaosr,o: 919-5S3-7103 D'ax: 919-553-6759 INSURER9 AFFORDING COVERAGE NAIC #
NSURED MSURERA• southern Guaranty Ins. Co,
MISURER 8:
gA$G`O 72886E MSURER C
rA6C;hoo a21nl
5iNURCR D.Summer ied HC 3
INSURER E.
,DVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LRAITS SHOWN MAY HAVE BEEN REDUCED BY PAX) CLAMS.
LTR M1
TYPE OF MISURANCE
POLICY NUMBER DA D TE MMIDIA
DA+Y LIWTS
GENERAL LIABILITY
EACH OCCURRENCE
S1,000,000
X
X COMMCRCIAL(iCNCRALLIMILTf
CLAMAS MADE I X I OCCUR
OOCPP70320 01/06/06 01/06/07 PREMIs_1
MED EXP (Any one pwson)
a100,000
S5,000
PERSONAL 8 ADV INJURY
s1,000,000
GENERAL AGGREGATE
$2, 0 0 0, 0 0 0
OCN'L AGORCOATC LIMIT APPLICO PCR.
PRODVCTO -COM—P AGO
$2 00Q 0 00
POLICY X JEC7 LOC
A
AUTOMOBILE
LIABILITY
ANY AUTO
OOBAP70320 01/06/06 01/06/07 (Ea �a0de�tSINGLELMR
$1,000,000
X
s
ALL OWNCD AUTOO
SCHEDULEDAUTOS
BODILY INJURY
(Perms )
X
s
HIRED AUTOS
NON-OWNEDAUTOS
800ILY INJURY
(PerawaDm)
X
Comp Ded $250
PROPERTY DAMAGE
(Peraccldem)
X
X
Coll Ded $500
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
s
s
0
ANY AUTO
OTHER THAN EA ACC
AUTO ONLY- AGO
EXCESMM13RELLA LIABILITY
EACH OCCURRENCE
$ 5, 000 , 000
A
X IOCCUR CLAMSMADE
OOCUP70320 01/06/06 01/06/07 AGGREGATE
$5 000 000
S
i
OCDUCTIOLC
t
X RETENTION $10 000
WORKERS COMPENSATION AND
A EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUTWE
0FFICFR4"RFR FXCI IIDFT)7
If yes. desalbe under
SPECIAL PROVISIONS bellow
TORY LIMITS X ER
OONCA70320 01/06/06 01/06/07 E.L EACHACCIDENT
E.L. DICCABC CACMr'LC\
E.L. DISEASE -POLICY LIMIT
$500 000
6 500 000
$ 500 , 000
OTHER
DESCRIPTION OF: OPERATIONS f LOCATICIM I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Job: ITB #06-716-BM - Rehabilitate Airside Asphalt Pavement City of
Lubbock, its officers, agents and employees are names as primary additional
insured on General Liability, as respects ITE #06-716-EM, Endorsement #
CG20330798. Waiver also included for General Liaiility,-Endorsement #
CG24041093 & for Workers Compensation, Endorsement # WC000313.
Ut:K I 11-ILeA I I: "VLLItK - t1fUr4C1.LAnVfn
CITY401 SWPAM ANY OF THE ABOVE 0E0CM690 POLICIES BE CANCE.LEC BEFORE THE EXPIRATION
City of Lubbock DATE THEREOF, THE ISSUING INSURER WILL ENDEAvOR To MAIL. 30 DAYS WRRTEH
c/o City of Lubbock Public NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
Works Contracting Office IMPOSE NO OBLIGATION ORLIABILITY OFANY KIND UPON THE INSURER,ffSAGENTSOR
1625 13th Street, Suite 102
Lubbock TX 79401 REPRG=NTATf1iM
ALI D REPR
Allmon 7R 11M4111R1
s
Q ACORDI
09-25-06A08:49 RCVD
I
IMPORTANT
If the certficatc holder io an ADDITIONAL INSURED, the policy(ico) must be cndcrocd. A atatorncnt
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 on ondoreomont. A ototcmont on this certficato d000 not confor rights to tho cortifcato
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.
ACORD 25 (2001108)
p1 AIUG 16 ' 06 15: 08 FR SOUTHERN GUARANTY
i
336 412 3313 TO 919195536759 P.01/01 QaQ
Policy # OOCPP70320
COMMERCIAL. GENERAL LIABILITY
CO20330397
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS LESSEES OR
CONTRACTORS - AUTMAT C STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
This endorsement modifies insurance provided under the fallowing:
COMMERCIAL GENERAL. UABILiTY COVERAGE PART
A. Who Is An Insured (Section 10 is amended to
Include as an insured any person or organization
for whom you are performing operations when you
and such parson or organization have agreed in
wrtung in a contract or agreement that such person
or organization be added as an additional insured
on your policy. Such person or organization is an
additional insured only with reaped to liability aris-
ing out of your ongoing operations performed for
that insured. A pemn's or organization's status as
an insured under this endorsement ends when
your operations for that Insured are completed.
B. With respect to Om insurance afforded theca addi-
tional insureds, the following additional exclusion
applies:
This insurance does not apply to:
"Sodlly injur)r,'property damage", "personal injury'
or `advertising injury' arising out of the rendering
of, or the failure to render, any professional archl-
tectural, enginswing or surveying servi m, includ-
ing:
1. The preparing, approving, or failing to prepare
or approve, maps, shop drawings, opinions. w
ports, surveys, field orders, change orders or
drawings and spe6ficatbns; and
2, Supervisory, Inspection, architectural or engi-
neering activities.
CO 20 33 e3 97 Copyright, Insurance SWIM Office, Inc., 1995
Page 1 of 1 E3
y *c TOTAL PAGE.Oi
City c
c%
. ,:
5;
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'M`
t
a
CONTRACTOR CHECKLIST L ST
d
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:
3
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
(IT) contractually require each other person with whom it contracts, to perform as required by
paragraphs (A) - (IT), with the certificate of coverage to be provided to the person for whom they
are providing services. ❑
4
CONTRACT
CONTRACT #7107
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 13�h day of September, 2006 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 HASCO. INC. of the City of SUMMERFIELD. County of GUILFORD and the State of NORTH CAROLINA
hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by
the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees
with OWNER to commence and complete the construction of certain improvements described as follows:
BID #06-716-BM — REHABILITATE AIRSIDE ASPHALT PAVEMENT - $705,292.00
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. HASCO Inc.'s bid dated August 16, 2006 is incorporated into and made a part of this agreement.
The CONTRACTOR hereby agrees to commence work within five (5) days after the date written notice to do so shall have been
given to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid
submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account
thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the
year and day first above written.
CONTRACTOR:
COMPLETE ADDRESS:
Company
City, ate, Zip
ATT T:
4
Corporate Secretary ��Q', 19
CITY OF LUBBOCK, (OWNER):
B
MAYOR
ATTEST:
City cretary
GENERAL CONDITIONS OF THE AGREEMENT
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City
of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co-
partnership or corporation, to wit HASCO. INC. who has agreed to perform the work embraced in this contract,
or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, or its representative, STEV , NICHOLSON, DEPUTY DIRECTOR -
OPERATIONS AND SAFETY, so designated who will inspect constructions; or to such other representatives,
supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under
this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's
Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid Submittal
Form including "Exhibit A", Signed Contract, Statutory Bonds, General Conditions of the Agreement, Special
Provisions, Technical Specifications, Plans, Insurance Certificates, and all other documents made available to
Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes
referred to herein as the "contract" or "contract documents".
5. INTERPRETATION OF PHRASES
Whenever the words Directed, Permitted, Designated, Required, Considered Necessary, Prescribed,
or words of like import are used, it shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved,"
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the
Owner's Representative.
i
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due
Subcontractor.
1
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member
of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to
the last business address known to the party who gives the notice.
8. CONTRACTOR'S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other
facilities necessary for the execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality and
free from material defects. The Contractor shall, if required, furnish satisfactory evidence as to the kind and
quality of materials. Materials or work described in words which so applied have well known, technical or trade
meaning shall be held to refer such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract
documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will
check the Contractor's layout of all major structures and any other layout work done by the Contractor at
Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all
work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished ten (10) copies of all Plans and Specifications without expense to Contractor
and Contractor shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress or quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract documents.
Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the
quality or quantity of the work, nor will Owner's Representative be responsible for the construction means,
methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the
Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the
Contractor's failure to perform the work in accordance with the Contract Documents.
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
2
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
conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15)
calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection
by Contractor, as provided herein, any and all objection or objections shall be deemed waived.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem
proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is
furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all
reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper
inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of
any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are
consistent with the obligations of this Agreement and accompanying plans and specifications provided, however,
should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor
may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the
absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be
deemed waived.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to
Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given
to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision
by competent and reasonable representatives of the Contractor is essential to the proper performance of the work
and lack of such supervision shall be grounds for suspending operations of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the
Contractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and
location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the
work, and the general and local conditions, and all other matters which in any way affect the work under the
contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or
Owner's Representative either before or after the execution of this contract, shall affect or modify any of the
terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all
modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's
l Representative and Contractor.
Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work
to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the
work, shall be sustained and borne by the Contractor at its own cost and expense.
18. CHARACTER OF WORKERS
The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion,
incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or
men shall be discharged from the work and shall not again be employed on the work without the Owner's
Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution
and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and
it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or
protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed
and accepted.
The building of structures for the housing of 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
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such work found to be defective or not in accordance with the contract documents, regardless of the stage of its
completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has
previously accepted the work through oversight or otherwise. If any such work should be covered without
approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for
examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at
a location where it is not convenient for Owner or Owner's Representative to make observations of such work or
require testing of said work, then in such event Owner or Owner's Representative may require Contractor to
f 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.
71 If any such work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative,
be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and
approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the
requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such
tests or approvals but does not meet the requirements of the contract documents shall be considered defective,
and shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
Owner, Owner's Representative, or other persons authorized under the contract documents to make such
inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance
with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use
in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or
not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of
written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise
remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any
remedial action contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in
the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either
before or after the beginning of the construction, without affecting the validity of this contract and the
accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for
a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount
of work, and the increased work can fairly be classified under the specifications, such increase shall be paid
according to the quantity actually done and at the unit price established for such work under this contract;
otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make
such changes or alterations as shall make useless any work already done or material already furnished or used in
said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual
expenses incurred in preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change,
alteration or addition to the work as shown on the plans and specifications or contract documents and not covered
by Contractor's bid, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative
when presented with a written work order signed by the Owner's Representative; subject, however, to the right of
the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the
compensation to be paid to the Contractor for performing said extra work shall be determined by the following
methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is
commenced, then the Contractor shall be paid the lesser of the following: (1) actual field
cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have
been charged by a reasonable and prudent Contractor as a reasonable and necessary cost
for performance of the extra work.
In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this
paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as
foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and
equipment, for the time actually employed or used on such extra work, plus actual transportation charges
necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social
Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers'
Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or
Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of
the actual field cost shall be kept and records of these accounts shall be made available to the Owner's
Representative. The Owner's Representative may also specify in writing, before the work commences, the
method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters
shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and
equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment
and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms
and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The
fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for
its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense
not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office
must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case
any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive
compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra
work, make written request to the Owner's Representative for a written order authorizing such extra work.
Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment
therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the
work after making written request for written order and shall keep adequate and accurate account of the actual
field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before
the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all work described in the bid, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that
such price shall include all appurtenances necessary to complete the work in accordance with the intent of these
contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in
these plans, specifications, or contract documents, shall be given to the Owner's Representative and a
clarification obtained before the bids are received, and if no such notice is received by the Owner's
Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands
the work to be included and has provided sufficient sums in its bid to complete the work in accordance
with these plans and specifications. If Contractor does not notify Owner's Representative before bidding
of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications
are sufficient and adequate for completion of the project. It is further agreed that any request for
clarification must be submitted no later than ten (10) calendar days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality
of work with the rate of progress required under this contract, the Owner or Owner's Representative may order
the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor
shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the
Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give
reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable
precaution for the safety of employees and others on or near the work and shall comply with all applicable
provisions of federal, state and municipal laws and building and construction codes. All machinery and
equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of Associated General Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and
hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages,
expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or
contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection
with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in
any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the
subject matter of this contract.
The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an
Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given
by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses,
are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to
supervise safety precautions by either the Contractor or any of its subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the
General Conditions of the contract documents, from an underwriter authorized to do business in the State of
Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of
cancellation or any material change will be provided thirty (30) calendar days in advance of cancellation or
change. All policies of insurance, required herein, including policies of insurance required to be provided by
Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of
self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by
virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to
the City in conformity with the provisions hereof shall establish such waiver..
The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance
protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such
insurance shall be carried with an insurance company authorized to transact business in the State of Texas and
shall cover all operations in connection with this contract, whether performed by the Contractor or a
subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate
of insurance specifying each and all coverages shall be submitted prior to contract execution.
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF
A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED
ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF
LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE
ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO
THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED.
IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL
PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION
COVERAGE FOR EACH SUBCONTRACTOR.
A. General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required)
The contractor shall have Comprehensive General Liability Insurance with limits of $2,000,000
Combined Single Limit in the aggregate and $2,000,000 uer occurrence to include:
Products & Completed Operations Hazard AGG
Contractual Liability
Personal Injury
Advertising Injury
Heavy Equipment Endorsement
B. Owner's and Contractor's Protective Liability Insurance — NOT REQUIRED.
C. Comprehensive Automobile Liability Insurance (Primary Additional Insured and Waiver of Subrogation
Required)
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, 1 0$ . 00,000 Combined Single Limit, to include all owned and non -
owned cars including (Any Auto): Employers Non -ownership Liability Hired and Non -owned Vehicles.
The City of Lubbock is to be named as primary 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.
E. Builder's Risk Insurance/Installation Floater Insurance — NOT REQUIRED.
E. Umbrella Liability Insurance (Primary Additional Insured and Waiver of Subrogation required)
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The Contractor shall have Umbrella Liability Insurance in the amount of 3 0 • 00.000 on all contracts with
coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability
coverages.
F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required)
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least statutory 50$ 0,000.
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 the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
2. The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements
of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on the project, and provide to
the governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the Contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
6 The Contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the Contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the project.
The Contractor shall post on each project site a notice, in the text, form and manner prescribed
by the Texas Workers' Compensation Commission, informing all persons providing services on
the project that they are required to be covered, and stating how a person may verify coverage
and report lack of coverage.
The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), with the certificates of coverage to be provided to the person for
whom they are providing services.
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10. By signing this contract or providing or causing to be provided a certificate of coverage, the
v; Contractor is representing to the governmental entity that all employees of the Contractor who
will provide services on the project will be covered by worker's compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self -insured, with the commission's Division of Self -
Insurance Regulation. Providing false or misleading information may subject the Contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the contract void if the Contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner
for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence
of compliance with the above insurance requirements, signed by an authorized representative of the
insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by
such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne
by such certificate.
(5) A provision that the. policy may be canceled only by mailing written notice to the named insured
at the address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the
job specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of
the project based on proper reporting of classification codes and payroll amounts and
filling of any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental
entity:
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(i) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(ii) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Texas Worker's Compensation Act or other
commission rules. This notice must be printed with a title in at least 30 point bold type
and text in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be
the following text provided by the commission on the sample notice, without any
additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to
this construction project must be covered by workers' compensation insurance. This
includes persons providing, hauling, or delivering equipment or materials, or providing
labor or transportation or other service related to the project, regardless of the identity
of their employer or status as an employee. "
"Call the Texas Workers' Compensation Commission at 8001372-7713 or 5121804-4000
(htt,v://www.twcc.state.tx.us/twcccontacts.html) to receive information of the legal
requirements for coverage, to verify whether your employer has provided the required
coverage, or to report an employer's failure to provide coverage; " and
(h) contractually require each person with whom it contracts to provide services on a project,
to:
(i) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees providing
services on the project, for the duration of the project;
(ii) provide a certificate of coverage to the Contractor prior to that person beginning
work on the project;
(iii) include in all contracts to provide services on the project the following language:
"By signing this contract or providing or causing to be provided
a certificate of coverage, the person signing this contract is
representing to the governmental entity that all employees of the
person signing this contract who will provide services on the
project will be covered by workers' compensation coverage for
the duration of the project, that the coverage will be based on
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proper reprinting of classification codes and payroll amounts,
and that all coverage agreements will he filed with the
appropriate insurance carrier or, in the case of a self -insured,
with the commission's Division of Self -Insurance Regulation.
Providing false or misleading information may subject the
Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.";
(iv) provide the Contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage
showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project;
(vi) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(viii) contractually require each other person with whom it contracts, to perform as
required by paragraphs (i)-(viii), with the certificate of coverage to be provided
to the person for whom they are providing 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.
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31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device,
material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner
thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27
hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall
indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account
thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a
particular design, device, material or process or the product of a particular manufacturer or manufacturers is
specified or required in these contract documents by Owner; provided, however, if choice of alternate design,
device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all
of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything
herein to the contrary, if the material or process specified or required by Owner and/or this contract is an
infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement
to the Owner's Representative prior to bidding.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or
form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save
harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of
any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the
Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's
Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract
for changes in the work. In the absence of timely written notification to Owner's Representative of such variance
or variances within said time, any objection and/or assertion that the plans and specifications are at variance with
any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its
employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and
without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar
as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner
may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as
though embodied herein.
33. SUBCONTRACTING
The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of
this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials
required in the performance of this contract, shall not relieve the Contractor from its full obligations to the
Owner, as provided by the contract documents.
34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract documents, of work to be done hereunder are
essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in
this contract shall be commenced as provided in the contract documents.
If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein
specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the
14
Owner may withhold permanently from Contractor's total compensation, the sum of $850 (EIGHT HUNDRED -
FIFTY) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth
for each and every working day that the Contractor shall be in default after the time stipulated for substantially
completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial
completion of the work described herein is reasonable time for the completion of the same, taking into
consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages
the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount
agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is
expressly agreed to be not disproportionate to actual damages as measured at time of breach.
IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT
TIME IS OF THE ESSENCE OF THIS CONTRACT.
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed
to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive
to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be
substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the
time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or
by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so
that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which
shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the
several parts of the work and estimated dates of completion of the several parts.
36. TIME OF PERFORMANCE
The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project,
taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered
the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to,
nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the
Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered
in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in
writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's
Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's
Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by
Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request
for extension, as provided herein, any request for extension by Contractor shall be deemed waived.
37. HINDRANCE AND DELAYS
In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed,
Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether
growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen,
or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during
the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or
Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's
Representative that is caused by such stoppage shall be paid by Owner to Contractor.
38. (QUANTITIES AND MEASUREMENTS
15
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid
I 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 famished 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 to be famished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is
understood and agreed that the actual amount of work to be done and the materials to be famished under this contract may
differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method,
payment shall be for the actual amount of work done and materials famished on the project.
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39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered,
which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any
damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such
damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the
indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the
Owner and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent
or adjoining property, related to, arising from or growing out of the performance of this contract.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the
Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and
stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto,
which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all
materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly
performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans,
contract documents and requirements of Owner's Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either
wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any
time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate
showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made,
Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by
reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a
waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided
in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial
payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be
partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the
work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely
as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The
determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's
Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment,
and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract
documents.
16
Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the
express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed
and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable.
43. SUBSTANTIAL COMPLETION
Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days
after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the
Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially
completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a
certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall
proceed with diligence to finally complete the work within the time provided in this contract.
44. FINAL COMPLETION AND PAYMENT
The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final
completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has
occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to
the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before
the 31st working day after the date of certification of final completion, the balance due Contractor under the terms of this
agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents
shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents
and/or any warranty or warranties implied by law or otherwise.
45. CORRECTION OF WORK
Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account
of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its
J own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract
documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or
replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written
notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense.
Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract
documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any
defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1)
year from the date of certification of final completion by Owner's Representative.
46. PAYMENT WITHHELD
The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or
part of any certification to such extent as may be necessary to protect itself from loss on account of:
(a) Defective work not remedied and/or work not performed.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount
withheld, payment shall be made for amounts withheld because of them.
47. CLAIM OR DISPUTE
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in
writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given
any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as
provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing
17
and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of
dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of
notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's
Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is
further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor,
and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's
Representative, by Contractor.
48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written
notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of
the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in
writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond
is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall
be required.
After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any
machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment
under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another
contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in
connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being
understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected
in the final settlement.
In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice
hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to
complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the
Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not
limited to, providing for completion of the work in either of the following elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said
Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment,
tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner
out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by
virtue of this Agreement. In case such expense is less than the sum which would have been payable under this
contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case
such expense is greater than the sum which would have been payable under this contract, if the same had been
completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the
Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a
general circulation in the County of location of the work, may let the contract for the completion of the work under
substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the
Owner under the new contract as compared to what would have been the cost under this contract, such increase shall
be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any
such new contract prove to be less than that which would have been the cost to complete the work under this
contract, the Contractor or his Surety shall be credited therewith.
In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been
finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph
44 hereinaeove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's
Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the
Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30
days after the date of certification of completion.
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In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the
cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor
and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment,
tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable.
Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay
the amount due the Owner within the time designated heremabove, 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
4 on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners.
J The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It
is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute
an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled
to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise,
including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth.
49. LIMITATION ON CONTRACTOR'S REMEDY
1 The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by
u 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 famish 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
famish 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 is further agreed that this
contract shall not be in effect until such bonds are so furnished.
51. SPECIAL PROVISIONS
In the event special provisions are contained herein as part of the contract documents and said special provisions conflict with
any of the general conditions contained in this contract, then in such event the special provisions shall control. In the event
there is a discrepancy between the specifications and the general conditions, the specifications shall control.
52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be
done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties,
naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and
borne by the Contractor at his own cost and expense.
53. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct,
supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The
fact that the Owner or Owner's Representative shall have the right to observe Contractors work during Contractor's
19
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71 performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's
Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an
independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to
any other person, firm, or corporation.
54. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the
completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall
leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner
may remove the debris and charge the cost to the Contractor.
55. HAZARDOUS SUBSTANCES AND ASBESTOS
Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to
time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any
way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by
any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If
Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts
and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the
site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or
byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty
(20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever
requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is
not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said
request shall be deemed to be denied.
In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring
that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the
actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of
Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and
utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from
exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos.
56 NONAPPROPRIATION
All funds for payment by the City under this contract are subject to the availability of an annual appropriation for
this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock
for the goods or services provided under the contract, the City will terminate the contract, without termination
charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the
then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at
any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the
Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City
shall not be obligated under this contract beyond the date of termination.
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CURRENT WAGE DETERMINATIONS
RE: RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Acoustical Ceiling Installer
Air Conditioner Installer
Air Conditioner Installer -Helper
Asbestos Worker
Asbestos Supervisor
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper
Cement Finisher
Drywall Hanger
Electrician
Electrician -Helper
Equipment Operator -Heavy
Equipment Operator -Light
Fire Sprinkler Fitter -Journey
Fire Sprinkler Fitter -Apprentice
Floor Installer
Glazier
Insulator-Piping/Boiler
Insulator -Helper
Iron Worker
Laborer -General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder -Certified
Hourly Rate
11.50
12.00
7.50
9.00
12.50
12.50
7.00
11.00
7.00
9.00
11.00
15.00
8.00
10.00
9.00
18.00
10.00
9.50
10.50
10.50
7.00
11.00
6.00
6.00
9.50
12.50
7.00
9.00
7.00
10.00
7.00
11.00
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Asphalt Heaterman.
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrical Repairer -Equipment
Flagger
Form Setter
Form Setter -Helper
Laborer -General
Laborer -Utility
Mechanic
Mechanic -Helper
Power Equipment Operators
Asphalt Paving Machine
Bulldozer
Concrete Paving Machine
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grader Operator
Roller
Scraper
Tractor -Trailer
Truck Driver -Heavy
Truck Driver -Light
Hourly Rate
9.00
7.50
9.00
7.50
12.50
6.50
8.00
6.50
6.00
6.75
9.00
7.00
9.00
9.00
9.00
9.00
9.00
8.00
10.25
7.00
7.50
8.50
8.00
7.00
EXHIBIT C
Prevailing Wage Rates
Overtime Rate
�€ The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor
Standards Act.
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EXHIBIT D
Prevailing Wage Rates
Legal Holiday Rate
The rate for legal holidays shall be as required by the Fair Labor Standards Act.
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SPECIAL PROVISIONS
SPECIFICATIONS
12. The contractor shall cant' out such sanctions and penalties for violation of these specifications and of
the Equal Opportunity Clause, including suspension, termination, and cancellation of existing
subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its
implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who
fails to cant' 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 18.7 of these
specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity.
If the contractor fails to comply with the requirements of the Executive Order, the implementing
regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.
14. The contractor shall designate a responsible official to monitor all employment related activity to
ensure that the company EEO policy is being carried out, to submit reports relating to the provisions
hereof as may be required by the Government, and to keep records. Records shall at least include for
each employee, the name, address, telephone number, construction trade, union affiliation if any,
employee identification number when assigned, social security number, race, sex, status (e.g., mechanic,
apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the
indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained
in an easily understandable and retrievable form; however, to the degree that existing records satisfy this
requirement, contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which
establish different standards of compliance or upon the application of requirements for the hiring of local
or other area residents (e.g., those under the Public Works. Employment Act of 1977 and the Community
Development Block Grant Program).
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION - 41 CFR PART 60-2
1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard
Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for the
contractor's aggregate workforce in each trade on all construction work in the covered area, are as
follows:
Timetables
Goals for minority participation for each trade (4.42%)
Goals for female participation in each trade (6.9%)
These goals are applicable to all the contractor's construction work (whether or not it is Federal or
federally -assisted) performed in the covered area. If the contractor performs construction work in a
geographical area located outside of the covered area, it shall apply the goals established for such
geographical area where the work is actually performed. With regard to this second area, the contractor
also is subject to the goals for both its Federally involved and non -federally involved construction.
The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be
based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations
required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of
minority and female employment and training shall be substantially uniform throughout the length of the
contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and
women evenly on each of its projects. The transfer of minority or female employees or trainees from
contractor to contractor or from project to project, for the sole purpose of meeting the contractor's goals,
shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4.
Compliance with the goals will be measured against the total work hours performed.
3. The contractor shall provide written notification to the Director, OFCCP, within 10 working days of
award of any construction subcontract in excess of $10,000 at any tier for construction work under the
FAA MP-6
EQUAL EMPLOYMENT OPPORTUNITY - 41 CFR PART 60-1.4(b)
During the performance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive considerations for employment without regard to
race, color, religion, sex, or national origin.
3. The contractor will send to each labor union or representative of workers with which s/he has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising the
said labor union or workers' representatives of the contractor's commitments under this section, and shall
post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as
amended, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the administering agency and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
`I
6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or
J with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended
in whole or in part and the contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedure authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
7. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.
The contractor will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provision, including sanctions for
noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the
contractor may request the United States to enter into such litigation to protect the interests of the United
States.
DAVIS BACON REQUIREMENTS
1. Minimum Wages
(i) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are permitted by the Secretary of
Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide
fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the Secretary of Labor which is attached
FAA MP-8
shall either pay the benefit as stated in the wage determination or shall pay another bona fide
t
fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a plan or program,
a Provided, That the Secretary of Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor
may require the contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
2 Withholding.
The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request
of an authorized representative of the Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other Federal contract with the same prime contractor, or any
other Federally -assisted contract subject to David -Bacon prevailing wage requirements, which is held
by the same prime contractor, so much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by
the contractor or any subcontractor the full amount of wages required by the contract. In the event of
failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or
working on the site of work, all or part of the wages required by the contract, the Federal Aviation
Administration may, after written notice to the contractor, sponsor, applicant, or owner, take such
action as may be necessary to cause the suspension of any further payment, advance, or guarantee
of funds until such violations have ceased.
3. Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the
course of the work and preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records shall contain the name, address, and
social security number of each such worker, his or her correct classification, hourly rates of
wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits
or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis -Bacon Act), daily
and weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under
a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall
maintain records which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual costs incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain written evidence
of the registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates prescribed in the
applicable programs.
(ii)(A) The contractor shall submit weekly, for each week in which any contract work is
performed, a copy of all payrolls to the applicant, sponsor, or owner, as the case may be, for
transmission to the Federal Aviation Administration. The payrolls submitted shall set out
accurately and completely all of the information required to be maintained under paragraph
5.5(a)(3)(i) above. This information may be submitted in any form desired. Optional Form
WH-347 is available for this purpose and may be purchased from the Superintendent of
Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office,
Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of
payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed
by the contractor or subcontractor or his or her agent who pays or supervises the payment of
the persons employed under the contract and shall certify the following:
FAA MP-10
for the applicable classification. If the Administrator determines that a different practice
prevails for the applicable apprentice classification, fringes shall be paid in accordance with
that determination. In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship
-� program, the contractor will no longer be permitted to utilize apprentices at less than the
applicable predetermined rate for the work performed until an acceptable program is
approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed pursuant to
and individually registered in a program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than
permitted under the plan approved by the Employment and Training Administration. Every
trainee must be paid at not less than the rate specified in the approved program for the
trainee's level of progress, expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the corresponding journeyman wage rate
on the wage determination which provides for less than full fringe benefits for apprentices.
Any employee listed on the payroll at a trainee rate who is not registered and participating in
a training plan approved by the Employment and Training Administration shall be paid not
r less than the applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any trainee performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed. In the event the Employment
and Training Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance With Copeland Act Requirements.
The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by
reference in this contract.
6. Subcontracts.
The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part
5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by
appropriate instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance
by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for
termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29
CFR 5.12.
8. Compliance With Davis -Bacon and Related Act Requirements.
All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3,
and 5 are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
FAA MP-12
;j
This certification is a material representation of fact upon which reliance was placed when making
the award. If it is later determined that the contractor or subcontractor knowingly rendered an
erroneous certification, the Federal Aviation Administration may direct through the Sponsor
cancellation of the contract or subcontract for default at no cost to the Government.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render, in good faith, the certification required by this provision. The knowledge and information
of a contractor is not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
This certification concerns a matter within the jurisdiction of an agency of the United States of America
and the making of a false, fictitious, or fraudulent certification may render the maker subject to
prosecution under Title 18, United States Code, Section 1001.
RIGHTS TO INVENTIONS
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.
BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the contractor or their subcontractors may
result in the suspension or termination of this contract or such other action that may be necessary to
enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract
Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of
any duties, obligations, rights and remedies otherwise imposed or available by law.
ENERGY CONSERVATION REQUIREMENTS
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that
are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Public Law 94-163)
DISADVANTAGED BUSINESS ENTERPRISES
Contract Assurance (§26.13) - The contractor or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts.
Failure by the contractor to cant' out these requirements is a material breach of this contract, which may
result in the termination of this contract or such other remedy, as the recipient deems appropriate.
Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime
contract for satisfactory performance of its contract no later than 30 days from the receipt of each
payment the prime contractor receives from the City of Lubbock, Lubbock Preston Smith
International Airport. The prime contractor agrees further to return retainage payments to each
subcontractor within [specify the same number as above] days after the subcontractors work is
satisfactorily completed. Any delay or postponement of payment from the above referenced time frame
may occur only for good cause following written approval of the City of Lubbock, Lubbock Preston
Smith International Airport. This clause applies to both DBE and non -DBE subcontractors.
ACCESS TO RECORDS AND REPORTS
The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide
the Sponsor, the Federal Aviation Administration and the Comptroller General of the United States or any
of their duly authorized representatives access to any books, documents, papers, and records of the
FAA MP-14
b. Cancellation, termination, or suspension of the contract, in whole or in part.
1.6 Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1
through 5 in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take
such action with respect to any subcontract or procurement as the sponsor or the FAA may direct
-1 as a means of enforcing such provisions including sanctions for noncompliance. Provided,
however, that in the event a contractor becomes involved in, or is threatened with, litigation with a
subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to
enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may
request the United States to enter into such litigation to protect the interests of the United States.
BUY AMERICAN PREFERENCES
(a) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel
and manufactured products produced in the United States when funds are expended pursuant to a grant
issued under the Airport Improvement Program. The following terms apply:
1. Steel and manufactured products. As used in this clause, steel and manufactured products
include (1) steel produced in the United States or (2) a manufactured product produced in the
United States, if the cost of its components mined, produced or manufactured in the United States
exceeds 60 percent of the cost of all its components and final assembly has taken place in the
United States. Components of foreign origin of the same class or kind as the products referred to
in subparagraphs b. (1) or (2) shall be treated as domestic.
2. Components. As used in this clause, components means those articles, materials, and
supplies incorporated directly into steel and manufactured products.
3. Cost of Components. This means the costs for production of the components, exclusive of
final assembly labor costs.
(b) The successful bidder will be required to assure that only domestic steel and manufactured products
will be used by the Contractor, subcontractors, materialmen and suppliers in the performance of this
contract, except those:
1. that the US Department of Transportation has determined, under the Aviation Safety and
Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably
available quantities and of a satisfactory quality;
2. that the US Department of Transportation has determined, under the Aviation Safety and
Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public
interest; or
3. that inclusion of domestic material will increase the cost of the overall project contract by more
than 25 percent.
BUY AMERICAN CERTIFICATE
By submitting a bid/proposal under this solicitation, except for those items listed by the offeror
below or on a separate and clearly identified attachment to this bid/proposal, the offeror certifies
that steel and each manufactured product, are produced in the United States, as defined in the
clause Buy American - Steel and Manufactured Products for Construction Contracts) and that
components of unknown origin are considered to have been produced or manufactured outside
the United States.
Offerors may obtain from the owner a listing of articles, materials and supplies excepted from this
provision.
FAA MP-16
CITY OF LUBBOCK DEPARTMENT OF AIRPORTS - DBE POLICY STATEMENT
Section 26.1, 26.23 Objectives/Policy Statement
The City of Lubbock, owner and operator of Lubbock Preston Smith International Airport,
herein referred to as LBB, has established a Disadvantaged Business Enterprise (DBE)
program in accordance with regulations of the U.S. Department of Transportation (DOT),
49 CFR Part 26. LBB has received Federal financial assistance from the Department of
Transportation, and as a condition of receiving this assistance, LBB has signed an
assurance that it will comply with 49 CFR Part 26.
It is the policy of LBB to ensure that DBE's, as defined in Part 26, have an equal
opportunity to receive and participate in DOT -assisted contracts. It is also our policy:
1. To ensure nondiscrimination in the award and administration of DOT -assisted
contracts;
2.
To create a level playing field on which DBEs can compete fairly for DOT -assisted
contracts;
3.
To ensure that the DBE Program is narrowly tailored in accordance with applicable
law;
4.
To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are
permitted to participate as DBEs;
5.
To help remove barriers to the participation of DBEs in DOT -assisted contracts;
and
6.
To assist the development of firms that can compete successfully in the market
place outside the DBE program.
Kelly Campbell has been delegated as the DBE Liaison Officer. In that capacity, the,
appointed supervisor is responsible for implementing all aspects of the DBE program.
Implementation of the DBE program is accorded the same priority as compliance with all
other legal obligations incurred by LBB in its financial assistance agreements with the
Department of Transportation.
LBB has disseminated this policy statement to the City Council of the City of Lubbock,
Texas and all the components of our organization. We have distributed this statement to
DBE and non -DBE business communities that perform work for us on DOT -assisted
contracts. This is accomplished via inclusion in all our Bid Documents.
James Loomis
Director of Aviation
Information to be submitted (26.53(b))
1
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GENERAL DECISION: TX20030029 01/14/2005 TX28
Date: January 14, 2005
General Decision Number: TX20030028 01/14/2005
Superseded General Decision Number: TX020028
State: Texas
Construction Types: Heavy and Highway
Counties: Ector, Lubbock, Midland, Potter, Randall, Taylor
and Tom Green Counties in Texas.
HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not
include building structures in rest area projects).
Modification Number Publication Date
0 06/13/2003
1 01/14/2005
* SUTX2004-001 11/09/2004
Rates Fringes
Asphalt Distributor Operator ...
$ 9.25
0.00
Asphalt Heater Operator ........
$ 11.21
0.00
Asphalt paving machine operator$
11.16
0.00
Asphalt Raker ................ .$
9.51
0.00
Broom or Sweeper Operator ......
$ 8.57
0.00
Bulldozer operator .............$
9.76
0.00
Carpenter ......................$
12.61
0.00
Concrete Finisher, Paving ......
$ 13.26
0.00
Concrete Finisher, Structures..$
11.20
0.00
Crane, Clamshell, Backhoe,
Derrick, Dragline, Shovel
Operator .......................$
11.00
0.00
Electrician... .. .... .$
17.00
0.00
Form Builder/Setter, Structures$
9.26
0.00
Form Setter, Paving & Curb .....
$ 9.82
0.00
Front End Loader Operator ......
$ 10.52
0.00
Laborer, common ................
$ 8.51
0.00
Laborer, Utility ...............$
10.46
0.00
Mechanic ............... ......$
16.85
0.00
Motor Grader Operator Rough ....
$ 11.75
0.00
Motor Grader Operator, Fine
Grade ..........................$
13.50
0.00
Planer Operator ...............
$ 13.36
0.00
Roller Operator, Pneumatic,
Self -Propelled .................$
7.67
0.00
Roller Operator, Steel Wheel,
Flat Wheel/Tamping.............$
8.06
0.00
Roller Operator, Steel Wheel,
Plant Mix Pavement .............$
7.50
0.00
Scraper Operator ...............$
8.50
0.00
Servicer .......................$
8.98
0.00
Slip Form Machine Operator.....$
13.64
0.00
Tractor operator, Pneumatic ....
$ 12.00
0.00
Traveling Mixer Operator .......
$ 12.00
0.00
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interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
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END OF GENERAL DECISION
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The Contractor will prepare and submit for review his recommended phasing/scheduling plan in
accordance with the following ultimate goals.
Liquidated damaues will be assessed for delayed completion in the amount of $850 per calendar
day for each individual phase or subphase below.
The ultimate goals of the phasing plan:
■ 105 days (entire length of contract).
■ Have one major runway completely open at all times.
■ Limit the amount of time that either runway is closed or constricted by a displaced threshold.
■ Have blackout dates for Thanksgiving, Christmas, and Spring Break.
■ Give the contractor some flexibility in performing tasks not affecting Runway Safety Areas,
Taxiway Safety Areas or displaced thresholds and not causing the closing of a Runway.
■ The contractor shall keep all equipment, personnel, etc ... clear of the protected surfaces on the
airfield as shown in "imaginary surfaces" detail in the plans and in the appendix of these
specifications.
■ The contractor will be required to maintain a written construction schedule showing areas of
construction and estimated times of completion in each area. Airport and FAA personnel will use
this schedule to file NOTAM's. The intersection of 8/26 and 17R/35L will require close
coordination between the contractor, LBB, FAA and the Engineer. A NOTAM will be filed
closing one runway and displacing the other at this intersection. The contractor should anticipate
maximum 8 hour work days when working in this area. The contractor will be allowed 10 non-
consecutive days total for all work at this intersection.
■ If Alternate B Runway 17L-35R is awarded the maximum time allowed for closure of this
runway will be 40 calendar days.
The Contractor shall schedule his work well in advance of actual operations and shall keep the
Engineer advised of this schedule so that close coordination can be maintained with the Director of Aviation.
Portions of the apron, runways and taxiways may be closed as required for proper execution of the work, but
at least seven (7) days notice will be required before closing any portion of a runway, taxiway or apron.
SP-5 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.
01274005 SP - 2
06/06
The Contractor shall be required to equip vehicles used by his project superintendent and project
foremen on the project with radio receiver/transmitters for maintaining direct communication with the FAA
control tower at Lubbock Preston Smith International Airport. The Contractor will provide a minimum of
two (2) radios, as specified below. At the completion of the project, the Contractor shall transfer ownership
of the two (2) specified radios, chargers and attachments to the Owner. The radios shall be delivered to the
Owner in good working condition. The cost of the two (2) radios, chargers and attachments will be
considered a subsidiary obligation of the Contractor under this project, and no separate, direct payment will
be made. The radios to be provided shall consist of the following:
Two (2) Icom America, Model IC-A5, with AC charger, DC charger, carrying case,
flexible antenna, headset adapter cable, headset desk charger, multi -charger, and two (2)
760 mAH heavy rechargeable battery packs.
Communication will be required at a frequency of 121.9 MHz for Lubbock ground control.
Radio contact shall be required when construction operations are in the vicinity of, or when crossing any
active runway, taxiway, or apron, or as directed by the Engineer.
The Contractor shall be required to provide an appropriate number of radios to maintain
communication in all areas of work.
The Contractor shall provide an area for parking all equipment not being used for construction
purposes, and for parking of employee vehicles. This area shall be located away from the operational area of
the airport in an area approved by the Engineer and the Director of Aviation. No employee or other
unauthorized vehicles will be allowed within the operational area of the airport.
Hauling routes shall not be along or across any paved airport street, road, apron, taxiway or
runway without specific written authorization from the Engineer and the Director of Aviation. Any damage
incurred by the Contractor's equipment shall be repaired by and at the expense of the Contractor, and as
required by the Engineer and the Director of Aviation.
The Contractor shall maintain the pavement surfaces of runways, taxiways and aprons, which
are allowed to be used as hauling routes, in a clean condition, suitable for use by aircraft, as determined by
the Director of Aviation.
The successful Bidder shall be subject to a pre -award review by the Office of Compliance and
Security, Equal Opportunity Division, Federal Aviation Administration, to determine previous compliance
status of the Contractor.
The Contractor shall be subject to a pre -construction conference to discuss phasing and project
safety control after award of contract. If the contractor would like to amend the proposed phasingplan it
will be discussed, reviewed and approved or modified at this meeting.
SP-6 AIRPORT OPERATIONS SECURITY
SP-6.1 General
Airport security is a vital part of the Contractor's responsibilities during the course
of this project. Airport security, nation-wide, has come under close scrutiny in the last few years. The
following security guidelines and the rules and regulations of the Lubbock Preston Smith International
01274005 SP - 4
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a
each lost or destroyed LBBPD-issued security badge. All LBBPD-issued security badges must be accounted
for and surrendered at the completion of this project. Failure to account for and surrender all LBBPD-issued
security badges will constitute grounds for withholding retainage from the final pay estimate amount.
SP-6.4 Contractor -Issued Identification Badges
The Contractor shall be responsible for the identification of each of the Contractor's
employees, subcontractors, suppliers and representatives while these individuals operate within the AOA.
The Contractor shall be responsible for issuing identification badges to each of the Contractor's employees,
subcontractors, suppliers and representatives operating within the AOA. The Contractor shall maintain a
record of all persons issued a Contractor's identification badge. This record shall include the home address
and telephone number of each person issued a badge. The Contractor's record of all employees issued an
identification badge shall be made available upon the request of the LBBPD, the Director of Aviation or the
Engineer.
The format and content of the Contractor -issued identification badge shall be
approved by the LBBPD prior to issuing. The identification badge shall display the Contractor's company
name, the employee's name, and the badge's effective and expiration dates, and shall be plastic -laminated
with a clip -on or pin -on method of attaching the badge to the holder's outer clothing. The identification
badge shall be worn in an easily visible location on the person issued the badge at all times while operating
within the AOA.
Contractor -issued identification badge shall not be transferable from individual to
individual, but shall be issued to and carried by the specific employee, subcontractor, supplier or
representative, issued the badge. The Contractor -issued identification badges shall be renewed by the
Contractor every thirty (30) days during the project construction period. The Contractor shall be responsible
for all Contractor -issued identification badges. All expired identification badges or badges invalidated by
termination of the holder's employment, completion of construction activities, or other reasons, shall be
confiscated by the Contractor and retained by the Contractor until the end of the project. It shall be the
Contractors responsibility to record and account for all Contractor -issued identification badges. All
identification badges issued by the Contractor during the project and the records of said badges shall be
transferred to the possession of the LBBPD at the completion of the project.
The Contractor -issued identification badge does not allow unlimited access to all
areas within the AOA, but will permit only escorted or directly supervised access to only those portions of
the AOA under construction by the Contractor. Every individual operating within the AOA shall display
either an LBBPD-issued security badge or a Contractor -issued identification badue at all times. All
individual employees, subcontractors, suppliers or representatives, or groups of employees, subcontractors,
suppliers or representatives, must be escorted or directly supervised by an individual bearing a valid
LBBPD-issued security badge at all times while within the AOA. Persons within the AOA not possessing a
valid LBBPD-issued security badge, or escorted or directly supervised by an individual possessing a valid
LBBPD-issued security badge, shall be considered in violation of LBBPD security requirements and shall be
subject to immediate removal from the AOA and any other disciplinary actions necessitated by LBBPD
security arrangements.
SP-6.5 Contractor's Entrance Gate
The Contractor shall provide an entrance gate to the AOA for the Contractor's
employees, subcontractors, suppliers and representatives at a location directed by the Engineer. This
entrance gate shall be provided installed, and, at the end of all construction activities, shall remain at the end
of the project, by the Contractor at no additional expense to the Owner. Adjacent to the Contractor's entrance
01274005 SP - 6
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1
s
Any expired or altered badge, or any badge bearing a photograph not matching the
' bearer, shall be brought to the attention of the LBBPD and shall be immediately confiscated by the LBBPD
} or the Director of Aviation.
SP-6.8 Cranes or Hoists
Any construction activity utilizing a crane or any other hoisting device shall have
the prior, written approval of the Federal Aviation Administration. The Contractor shall be responsible for
filing the prescribed forms for airspace clearance in accordance with Part 77 of the Federal Aviation.
Regulations. Applications for airspace clearance must be submitted at least thirty (30) days prior to the
beginning of construction activities. To avoid construction delays, the Contractor is urged to file the
prescribed forms in a timely manner. Airspace clearance from the FAA must be approved prior to the
erection of the crane or other hoisting device.
When requesting approval for the use of a crane or other hoisting device, the
following information is required:
1. Exact location of construction activities utilizing a crane or other hoisting
device.
2. Maximum extendable height of crane or other hoisting device.
3. Duration of construction activities utilizing a crane or other hoisting device.
4. Daily hours of crane or other hoisting device operation.
J
The top of the crane or other hoisting device shall be marked with a 3-foot by
3-foot safety -orange and white checkered flag. The crane or other hoisting device shall be lowered at night
or at the conclusion of construction activities, or during periods of poor visibility (ILS conditions) as directed
by the Director of Aviation or the Engineer, or at any other time at the direction of the Director of Aviation
or the Engineer.
The Contractor shall notify the Engineer and Director of Aviation at least
forty-eight (48) hours prior to actual erection of the crane or other hoisting device.
SP-7 CONTRACTORS PLANT SITE, STORAGE AND OFFICE AREA(S)
The Contractor shall make his own provisions for plant site, storage and office areas. If the
Contractor desires to utilize an on -airport location, arrangements must be made with the Director of
Aviation. The following specific requirements apply to on -airport plant site, storage and office areas.
1. The Contractor will be held completely responsible for any damage or deterioration
in areas allowed for Contractor's use. The Contractor will also be responsible for
maintenance of areas and dust control for the duration of the project.
2. Direct negotiation may be conducted with the Director of Aviation for any areas
desired. Areas used by the Contractor may be subject to rental rates and fees as
identified by the Director of Aviation.
01274005 SP - 8
06/06
SP-11 WATER FOR CONSTRUCTION
The Contractor shall make his own provisions for his water requirements and shall pay for all
water consumed during the construction of the project. The Contractor shall make his own arrangements for
connections to existing water mains and fire hydrants and piping or hauling the water to the point where the
water is required, all at his own expense.
Arrangements for the location of water sources and for payment for water consumed by the
Contractor during construction shall be made directly with the City of Lubbock's water utility department,
Lubbock Power and Light and Water.
SP-12 MATERIAL TESTS
Various tests on materials of construction are required in the specifications. In general, the
Contractor shall bear the cost of all material tests required before approval of a material source or mix
design. The City will bear the cost of all passing commercial laboratory tests required during construction
and the Contractor shall bear the cost of all failing construction tests.
Where only small amounts of any material are used or where compliance with the specifications
can be determined by visual inspection, no tests are required. Certificates of compliance shall be required on
all materials not tested.
All materials proposed to be used may be tested at any time during their preparation and use. If,
after trial, it is found that sources of supply which have been approved do not furnish a product of uniform
quality or if the product from any source proves unacceptable at any time, the Contractor shall fiunish
approved material from another source.
SP-13 BARRICADES, SIGNS, AND HAZARD MARKINGS
The Contractor shall provide, erect, and maintain all necessary barricades, signs, danger signals,
and lights for the protection of the work and the safety of the public for both land and air traffic. Before
closing existing apron, runways or taxiways, warning signs for air traffic shall be placed at such locations
and shall be visible day and night. A runway closed because of construction or other activities or hazards
shall have appropriate FAA standard markings. Any movement of Contractor's vehicles or equipment on or
across landing areas shall carry FAA standard markings or flags. Movement of other vehicles responsible to
the Contractor shall be under escort, as specified in Paragraph SP-6, AIRPORT OPERATIONS SECURITY.
Taxiways closed to traffic shall be protected by effective barricades. Spacing of barricades shall
be as directed by the Engineer. Barricades for aprons closed to traffic shall consist of heavy duty barricades
constructed of railroad ties. Each tie shall have reflective striping and a flashing light on each end.
Barricades shall be spaced with no more than 3' clearance between the ends. Suitable warning signs
illuminated at night by acceptable light units, shall be provided for closed runways, apron, taxiways and
roadways. Obstructions shall be illuminated of night. The proper illumination of obstructions is critical to the
safe operation of aircraft on the Airport. All warning lights shall be equipped with photocell controls to
automatically turn on the lights at night and turn them off at daytime. The Iights shall be checked daily by
the Contractor to assure that batteries or power cells are in working order. In addition, the lights shall be
checked by the Contractor at night on a daily basis. Any lights found to be out of order, flashing weakly or in
otherwise less than acceptable operating condition shall be immediately replaced or repaired. The En ig neer
Ma suspend work on the project if the Contractor's warning lights are not maintained in an acceptable
01274005 SP - 10
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i
F
J
considered as being disposed of satisfactorily. The cost of the "Cleanup" shall be included as a part of the
cost of the various items of work involved, and no direct compensation will be made for this work.
SP-18 INSURANCE
The Contractor shall not begin work under this contract until he has obtained all insurance as
required in the General Conditions of the Agreement, has furnished proof of same to the Owner, and the
Owner shall have approved same.
The insurance coverage indicated in the General Conditions shall also include the Engineer,
Parkhill, Smith & Cooper, Inc. as an additional insured.
A certificate of Insurance is included in the specifications and Contract Documents for this
project. The Contractor will be required to have five (5) extra copies of this certificate executed by his
insurance company or companies. This certificate will become a part of the Contract Documents and must be
included with the Contract Documents before execution by the City of Lubbock. Coverages specified herein
apply to all operations of the Contractor in connection with this work, including automobiles and other
vehicles.
Coverage shall extend to all subcontractors unless proof of minimum coverage required is
submitted separately by each subcontractor not so covered.
SP-19 REMOVAL AND DISPOSAL OF STRUCTURES, UTILITIES AND OBSTRUCTIONS
All structures, utilities or obstructions found on the airport and shown on the plans which are
not to remain in place or which are not to be used in the new construction shall be removed as directed by
the Engineer. Unless specified in the proposal, this work shall not be paid for separately but shall be
considered as subsidiary obligation of the Contractor covered under other contract items. All material found
on the airport or removed therefrom shall remain the property of the Owner, unless otherwise indicated. All
materials and debris specified to be disposed of by the Contractor shall become the property of the
Contractor and shall be properly disposed of off the airport property by the Contractor.
SP-20 NOT USED
SP-21 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK
All work which has been rejected or condemned shall be repaired or, if it cannot be
satisfactorily repaired, removed and replaced at the Contractor's expense. Materials not conforming to the
requirements of the specifications shall be removed immediately from the site of the work and replaced with
satisfactory material by the Contractor at his expense.
Work done beyond that shown on the plans, or as given, except as herein provided, work done
without proper inspection, or any extra or unclassified work done without written authority and prior
agreement in writing as to prices, will be done at the Contractor's risk and will be considered unauthorized
and, at the option of the Engineer, may not be measured and paid for and may be ordered removed and
replaced at the Contractor's expense.
Upon the failure of the Contractor to repair satisfactorily or to remove and replace, if so
directed, rejected, unauthorized, or condemned work or materials immediately after receiving formal notice
01274005 SP - 12
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Al
this contract, and the Contractor will be required to pay any judgment with costs which may be obtained
against the Owner, Engineer or any of its officers, agents or employees, including attorney's fees.
The Contractor agrees that he will indemnify and save the Owner and Engineer harmless from
all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen, and
furnishers of machinery and parts thereof, equipment, power tools, all supplies, including commissary
incurred in the furtherance of the performance of this contract. When the Owner so desires, the Contractor
shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid,
discharged or waived.
SP-25 NOT USED
SP-26 CONTRACTOR'S RESPONSIBILITY FOR WORK
Until acceptance by the Engineer of any part or all of the construction, as provided for in these
specifications, it shall be under the charge and care of the Contractor, and he shall take every necessary
precaution against injury or damage to any part of the work by the action of the elements or from any other
cause whatsoever, whether arising from the execution or from the non -execution of the work. The Contractor
shall rebuild, repair, restore, and make good, at his own expense, all injuries or damage to any portion of the
work occasioned by any of the above causes before its completion and acceptance.
SP-27 CORRECTION OF FAULTY WORK AFTER FINAL PAYMENT
The making of the final payment by the Owner to the Contractor shall not relieve the Contractor
of responsibility for faulty materials or workmanship. The Contractor shall promptly replace any such
defects discovered within one year from the date of written acceptance of the work.
The Performance Bond shall remain in effect until one year after the date of the written
acceptance of the work to insure compliance by the Contractor with the requirements of this paragraph.
SP-28 SEPARATE CONTRACTS
The Owner reserves the right to let other contracts in connection with or in the vicinity of the
project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage
of their materials and the execution of their work, and shall coordinate his work and theirs. The Contractor's
coordination with other contractors shall require the approval of the Engineer. See Paragraph SP-3 for
additional requirements concerning separate contracts.
SP-29 SHOP DRAWINGS
The Contractor shall submit to the Engineer with such promptness as to cause no delay in his
own work or in that of any other Contractor, six copies unless otherwise specified, of all shop and/or setting
drawings and schedules required for the work of the various trades, and the Engineer shall pass upon them
with reasonable promptness, making required corrections. The Contractor shall make any corrections
required by the Engineer, file with him the corrected copies and furnish such other copies as may be needed.
If the Contractor and/or the Manufacturer desires additional approved sets, the number of final copies
submitted shall be the four copies for the Engineer plus the copies desired by the Contractor and/or
Manufacturer. The Engineer's approval of such drawings or schedules shall not relieve the Contractor from
responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's
01274005 SP - 14
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I
Modifications to
ITEM P-140 MOBILIZATION
Item P-140 Mobilization, of the project specifications shall be modified as follows.
1. Paragraph 14071.1 - Add the following paragraphs:
"This item shall include. incidentals such as the projects two-way radios, the construction of a
Contractor's stabilized construction entrance and Contractor's Entrance Gate as shown on Sheet G3 —
Project Airport Layout Plan, and shall be constructed as shown on Sheet C16 — Fencing Details. If
needed to minimize dust or tracking, the surface shall receive a bituminous prime coat, or be
dampened daily. At the completion of the project, if the Owner so elects, the Contractor shall be
responsible for replacing topsoil and seed and regrading the area as required to restore the site to its
preconstruction condition or better.
Notwithstanding any language in the "Contract Documents and Specifications" for this project, no
payment of any amount will be allowed for mobilization until a construction schedule has been
submitted by the Contractor and approved by the Engineer. If before or during construction, the
Contractor falls behind in meeting his projected schedule, and the Engineer requires a revised
construction schedule, no further payments for mobilization will be allowed until a revised
construction schedule has been submitted by the Contractor and approved by the Engineer."
2. Paragraph 140-1.2:
The Contractor will not be responsible for providing an Engineers field office on this project.
01274005
06/06
MOBILIZATION
140-a
p
<=I
_i
S
retainage provided for in Division 90-06 of the General Provisions.
m
Notwithstanding any language in the "Contract Documents and Specifications" for this project, no payment
of any amount will be allowed for mobilization until a construction schedule has been submitted by the
Contractor and approved by the Engineer. If before or during construction, the Contractor falls behind in
meeting his projected schedule and the Engineer requires a revised construction schedule, no further payments
for mobilization will be allowed until a revised construction schedule has been submitted by the Contractor
and approved by the Engineer.
Payment will be made under:
Item P-140 Mobilization -- per lump sum
140-2
7. Paragraph 605-3.3 INSTALLATION OF SEALANTS - insert the following new paragraphs after the
second paragraph:
"After the filler has been allowed sufficient time to cure, the crack must be filled to 1/8-
inch below surface of pavement.
After completion of the work, all debris resulting from the construction shall be
cleaned up and removed from the site of the work to an approved place of disposal.
Areas which have been disturbed during the construction shall be raked or graded as
required and left in a clean and neat condition. The entire premises of the work shall be
left in a clean condition satisfactory to the Engineer, and all costs of cleanup shall be
included in the contract unit prices for the items of work involved."
8. Paragraph 605-4.1. Delete this entire paragraph and insert the following:
"The actual linear feet of cracks in existing bituminous pavement, prepared, cleaned and sealed
shall be measured in the field by the Engineer within the limits shown on the plans and as
determined by the Engineer.
Joint sealant material used to seal cracks and joints shall be measured by the gallon, complete,
in place, and accepted. The exact procedure for measuring sealant material shall be determined
after the material is approved for use. In general, materials which come direct from the
manufacturer, ready for use, without including additional ingredients shall be measured by
counting empty containers. Materials which require the addition of another material shall be
measured by counting the empty containers, proportioning the mix, and then calculating the
total volume of material used in gallons."
9. Paragraph 605-5.1 Delete this paragraph and insert the following:
"Payment for preparing, cleaning and sealing cracks in existing bituminous pavement, will be
made at the contract unit price bid per linear foot. This price shall be full compensation for all
labor, equipment, tools, and incidentals necessary to complete the item.
Payment for material used to seal cracks in existing bituminous pavement, shall be made at the
contract unit price bid per gallon. This price shall be full compensation for furnishing and
delivering all materials.
Payment will be made under:
Item P-605 Joint Sealing Filler — Clean and Seal Cracks in Existing Bituminous
Pavement, per linear foot; and
Item P-605 Joint Sealing Filler (ASTM D3405), Material used in Sealing Cracks in
Existing Bituminous Pavement complete, per gallon."
01274005 JOINT SEALING FILLER 605 - b
06/06
7
' Ac i +o-tssi+ f t- 2117'
.....:.... .
: - -
Requir=cn16 ASTM
Averagt weight per gallon, pounds 7.9
- _ Solids caatent, percent -by weight' 27P28 I31.644, Mahbd A
Pik strength, psi 2,300 ruin. D412
Ekwgatim4 percent 750 mien. D412
Each- .3hi iamt of lubricant. shall be delivered to the jobsite in the maauf'actar es original sealed container.
;' :-'P.irrh..ec>*rrafn r-sha b,e mI&W v�rith tke' marnufat^tur�r`a mare, b&mh or '11Dt aurribti, *id the dare ci#' iils►aa= -
: fiacture• and shall be &=rapanied by the man'ufaatumes certification stating that the lubricant meets the ro-
`� 'giriiiis Cf the•speciticat3on.
rstt
: lvi lY :➢hall be atvred at a temperature betwie'm 50' F (10' Q atd SW F (30' Q and shall be uaed'
+;tiitliin .27D: dsye'af its. Mntil''xcttrre.
CONSTRt MON METHOW
: • M...F-M . 'TIME OF APPLICATION. Joints shall be scaled as soon after completion of the curing period
: as -,feasible and before the pavement is opened to traffic, nm e, including cstroatiaan a quipmenL The pave them
{ 'temperature shall be Above 14W F (0 01[(5l1' F (10' 01 at the time of iwttnllatlaa of the [prethroW joiai
:... ' ..::•_ •::$}�ixnl sesii?mg neaterial:
b r3.Z MEPAAATIO3N OF JOINTS. I==dia#ely before sealing, the joints s1 U be thoroughdy. cleated
Of mII 10%ano". curing compound, and afher foreign material. Cleaning "I be accomplished by [
[higlsa+ndiblsrt-
tt -Nre brueldogj t prmure water Wivatj. Upon completion of clesning, the joints shall be.bldwn out
: '41th compressed ail. The joint faces abail be surfmc dry when the seal is applied.
Prior to reaeal* joints, the existing joint material shall be removed to the depth as shows on the plans. if
Joint settler other than that originally used is specified, all existing joint sealer shalt be removed.
60-3.3 INSTALLAITON OF SRAI ANTS. Joints shall be inspected for proper width, depth, alignment)
and preparation, and shall be approver) by the Engineer before sealirgg is allowed. Sealants "I be iutalled
in accordance with the following requirements:
[Hot Poured Sealants. the joist sealant shall be applied tmifurmly sotto from bottom to top sad dwfl bt ATW
withost formstim of entrapped sir or voids. A backing material shall be placed as shown on the plans and $bag
be amoadhesive to tite concrete or the beelaat material. Tice heating kattle shall be sm Indirect hoetWS fie,
1?-605-2
6W4.1 PaymeM for joint seaUt=g material shall be nrade at the contract unit price ,per [%Rua* Qitar)) [saMd
tW1 Dinw. - $npt. (wor)].. Tim prices ShaLs be-- W compersWoa for - iarrisidng all Ft1aT�flsls, foi: ids-i?i'�Ta'
Lion, delivering, mo piecing of these material& wA for all I"r, equiprucat, tools, and incidentals nooeesary
to caammpd�te the ROM'
Payment will be mx& under:
Itoia P-603-5.1 Joint Sealing Fillet - per gallon (liter)
Item P-605-�-12 Joust S(WIDS Filler - per pound (kg)
Item F=605-5,3- linear foot (inete,r)
TESTS -REQUIREMENTS
AS`FM •D 412 .. YOU :for Rut bar Pmpetties in Tension
:ASTM D 1644 Feats' for Nbsevoletile;Cantetit cif Varnishes
MATFRIAL REQUiREMENTS
ASTM 131854
Jet -_Fuel. Re9staPt Com;.mta Joint Sealer, Hot -Poured Ebolac..
Type
A 5TM D 2678
Preformed Polychlampme Eiastomeric saint Seals for Con.
crete'Avements
AST -D.34
1 •Hot-i?ourad, , for Cmcreter'an4.Asphalt Paft -
ASTM D 3406
Joint Want% slog-Pourerd, Rlasromeric-Type, for Portlstsd
Gent Comte Pavements
ASTM D 35.69
Fsriut Seaknt, 'Hot -Poured, E *Aoxndrio,. Jet-Ftel-Rms stwnt
Type, for Portland dent Concrete Pavements
ASTNE D 3581
Joist Sealant; Hot: Poured; Jet-Peel-Resis%M TWe, fof Port-
Iwid Cement;Cencrete and Tar -Concrete POements
Fed. Spec. SS-S-2+00
Sealing Cmnpounds, Two Component, Eia Wn=ie, Polymer
Type, Jet -Fuel R.esirtant. Cold Applied
P-605-4
8. BASIS OF PAYMENT - Delete this entire paragraph and insert the following:
"Payment shall be made at the contract unit price per square foot for runway and
taxiway painting, including reflective media. Payment shall be made at the contract
unit price per square foot for obliterating existing or temporary runway and taxiway
painting. These prices 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, Obliterate Existing Runway and Taxiway Painting, per square
foot; and
Item P-620, Runway and Taxiway Painting, for Permanent Marking, complete,
per square foot."
01274005 620 - b
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AC 150/5370-10A CHG 14 11126104
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) Pigments. Component A. Percent by weight.
(a) White:
Titanium Dioxide, ASTM D 476, type 11 shall be 6 percent minimum.
Methacrylate resin shall be 18 percent minimum.
(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.
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.
P-620-2
AC 150/5370-10A CHG 14 11/26/104
i
620-3.3 PREPARATION OF SURFACE. Immediately before application of the paint, the surface shall be dry and
71 free from dirt, grease, oil, laitance, or other foreign material that would reduce the bond between the paint and the
t 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.
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 has been approved by the Engineer.
The edges of the markings shall not vary from a straight line more than 1/2 inch (12 mm) in 50 feet (15 m) and
marking dimensions and spacings shall be within the following tolerances:
Dimension and Spacing
Tolerance
36 inches 910 mm or less
+/- 1/2 inch 12 mm)
greater than 36 inches to 6 feet 910 mm to 1.85 m
+/- 1 inch 25 mm
greater than 6 feet to 60 feet 1.85 m to 18.3 m
+/- 2 inches 51 mm
eater than 60 feet 18.3 m
+/_ 3 inches 76 mm
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 AND GLASS BEADS
Paint
Glass Beads,
Glass Beads,
Glass Beads,
Square feet per
Type I,
Type III
Type IV
gallon, W/gal
Gradation A
Pounds per
Pounds per
(Square meters
Pounds per
gallon of paint—
gallon of paint —
Paint Type
per liter, m2/1)
gallon of paint--
lb./gal.
lb./gal.
lb./gal.
(Kilograms per
(Kilograms per
(Kilograms per
liter of paint—
liter of paint --
liter of paint--
kg/1)
kg/)l
kg/1)
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. Glass beads 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 excess moisture and/or rain and from disfiguration by spatter,
splashes, spillage, or drippings of paint.
P-620-4
� 4
�pp
AC 15015370-10A CHG 14 11/26/04
Fed. Spec. TT-P-1952D Paint, Traffic and Airfield Marking, Waterborne
Commercial Item
Description (CID) A-A-2886A Paint, Traffic, Solvent Based
Federal Standard 595 Colors used in Government Procurement
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Modifications to
ITEM MC MISCELLANEOUS CONSTRUCTION
Item MC, Miscellaneous Construction, of the project specifications does not require modifications.
01274005
06/06
MC -a
I
� 7
AC 15015370-2E
(7j Lnsum that nt� rr;t>Sl�utiOtt empl+,r4tti.
emp oy x; of sirlxuntrectors of suppliers, Ur Othar P,rsra'IN
anter any part of the sir uperat om areas t.k0-A..'i faun Ou
coltstrw,43Lill site ulacm 2- uKh,*/. il.
r. Teamorm respoasibilides if ptasming
t<onstruct(en metivides on ]eased pmperty- —
vs
(1) Develop a safety plan, and saint it to the
airport operauir far appRivai prKw in ►.euance of a'Notice
j to Pniceed.
12) Provide a point of watact whu will
coordinate an irmnediate respunsc to co rzei any
j .•
V 17103
COn5tarC1,;D11-1tk1Cd activ.ty tl•,tt ttii} o-tdvarsely� affeCE fhe
uprratirsnal safety of ehc aiV90ft.
(3) Emuld that ms t-nanf Or consmictioa
ernployeca. empta�►ei of 01- grTPliers, +11-
Kny aLher persons eater tiny part of the AOA from the
oonstruction siw tie- l ss autt;orited.
(4) Remict movement of cDnstru: tit)n
Whkkl. W cons uctlon areas by flagging and borticading
or erec>iaq tempmNy fewittp.
2
MINES
AC 15015370-2E:
it. Proved+tars for no0ying AUF pefs(3nnel it
Iveter lines or Fire hydrants must be &-arctsvated or if
Cat,(.,rgenL•v access inures t:srast be retvtued Ur hloaeli.
o. F11wreen4;'uodik;;t:ian procUd Lres for n:rrlicaj
and police response.
P. UW of tetrtporary visual aids.
x �. �Vifdlifs nteraegeemenr.
r. Fureign object debris+ If0l)) control provisions,
y1 r. Aarw—dous3 nuileriMs (HAT. MAT) ntanagemrot,
t. NOTA.'k-1 issuance.
a. insp.cbon requirmnetlt..
v. Procedures for lucating Ltd prulectitrg exi&W'n
andergeound utilities. mblc:_r, wires, pipelines: and other
undergrotrntl tawilitie9 is excavation areas.
1 e t 7/03
K, FaacCtfurs ftv cun%cting re,licaiihtc
ttprt~setn:ttitir�;points of for all iavi*ed ptmleg.
:'arts shouki inc}ade off-daty evaraei information icy an
isntrwdiate rmsptmat entLy be coordinsted to cOM1 any
cattstcvctisan-rrF.tted activity, that .�xx.:d advariely affect
the upe ationxI safety ut L'te airleort. Particular Cmd
should be taken to ensure that appmprirut~ Airwave,
Pacilhies persowwl are isle ndfred in the event tha an
HaWticipXtti ut;lity tutlage or cable cut occurs EhaE
inapxcts FAA NAVAIDs,
1. Vehick UNrator ttaininq.
y. Penalty provisiuns for noncompliance wit,
airport rules and regulrttiopy and the uafety plan (e.g„ if a
ti-ehiclu ie fiivulvcd in rLrtm%W incursion).
Z. Arty spce:ial Conditions that attest tare opmution
afthe ssirport anti will requite a portion of the safrLv plan
tube activated (mg.. low -visibility operations, sap
ren3o ial).
Section 2. Safety and 5eco ft Measures
'Airport opeatton: are respun.iible for clascly maritoring
stepson 86d can rttcliffn contractnr:tctivity during the
'et?ustniction Project 10 ensure cuntinttal c0tnp1ianc:e With
r all safety and securiry requirements. Airports subject to
•A9 t:. FR part 1542, .Airporl Seeurit.�, must rneet•sta>_ lards
.fbr scct'.rs; cowral, movement of grcnmd Vehicic5. arrd
identification of construction contractor and tenant
•�crscmnel. In addition, sirpUrt OpCrator9 atauuld tise safety
progmm standards, as described in C'hW= 3 of this AC,
10 develop specific ;safety measum to which tenants and
tromtrucrion crmtrac tors trust adhere througbectthe
duration pf cowtntctiun activities_
General stafeLy provisions are containcd in Al:
j550,Ii 7o• 10, 57andard3fir .Spat {fvrng Cominrctinn of
l h7)a1 A'. parag"iphs 40-05. "NfaintewL ace of Traffie";
70-08, "Barricades, Warning Signs, and Hazard
l�iarltings '; and 90-0-1, " Utnitadun of Operations." At any
txnte dtlrit:e construction. aimrRP Operations, Weather.
aeccrity, or local tiirjxxt atlas ;n;v divate more strtngera
gtfcxy Lneasures. Flit airport operator shuuld ensurt: that
troth general and sleet iitc safrty requirements are
Yowdinated with airport wnsnta and ATCT personnel.
tber ttirprart operaror should also iiichide these patyics in
tie coardination of all bid documeucs, ctmitructioa plans.
isxi specifications rot on-ttirlwrt consrntcl,on projects.
2-4. VE111Cr,E OPERA'i tON AND MAIMING
AND PEDESTRIAN COOL TRO .
Vehich: and pedc:striaasocctis mLaca for ai1xtrt
cortt;tructiun projects tnual be contrull► d to prevent
inadvertent or unauthorized ealry ofpersuns, vehicles, ur
hart naLs onto the A0A. n;%-includa% ain:raii movement
and nntunovernew areas. The airport uperutur should
develop and eoord imte a crrnstrrtctitw vehicle plan wish
aigpml lemaws, contractors, and the AT•c,r. The safety
plan or invitatiou fbT bid should include specific vehicle:
and pwlestrisn requirmmant&
The vehicle plan should contain the fullawhig items;
a. Airport operatnT'.R rules and reYulatiuns for
vehicle marking, liglWrtg, and Operation.
b. Requirements for farad i.ng aad identifying
vehicles in auoidunce with AC 15015210-5, Pt h7ti?W
:Llra*hj, andElgkingpf ffeliWes• i.(raednra an 4opw•r.
c. De:criptiun of proper vehicle opecatinns Ore
movement cad norimovrment snarls andcr normal, last
cowraunieatiuns, and t:mcrgcnt y roaditiwas.
d. Pendtics For nmrorrtpliarrce with driving nines
.•teed regulations.
e. Training requsmtnents for vehicle dri>;cra to
ensure compliance with the aitptnt oprtwcT'a vchicle
rules andreguladam.
1. Fre)ti+Fi0a4 for I:zdio aomntunit;a irm trimming for
eonsmicticui ccmtructor personnel engaged in construction
activities arotind aitt:w,& anuverneat areas. Soox drivers,
m
AC 150f5370-21:
?1
2-10. ENSURING PROl4"IM' IN40TEFICATIU*4S,
t' a airport upci-ttor shrcttld establish and follo%h
l:rtrc2ciures for the itrrtrnediatr ootiftc.•ttian of nirliorl user
aril rite FAQ. of any tanditions adversely afiecti;ig the
optra:iannl MfztV of an airport.
2-11. NorrICFS TO AIRMEN (NOTANIS).
Tho airport uperatot inw. providu inionwtion on closed
or hazardous conditions on airpW aMOcrncrtt area [u the
ESS so it can i;r uc a NO'1'AM. The airport operator must
coordinate die issi nec, mainteawm, and cancellation of
NOTAMI S about aitpurt Conditions te.%Uliug farm
utmsio=tion activities with tenants and the local Air trltffic
Facility (control tower, apptoseh control, ar air traffic
control cnitcr, Refer to AC 15W.520C-29, .tin rea re;
ilinyien (_'tiOTAil-W far• rllrpewl Op rianny, and Appetidix
in this AC." for a sample NOTAM fbmL Only the F-AA
may issue or cancel NOT_Ai�+1s on rhutdowri or irregular
operation of P+I.A-owned Aciliiien. Only the airport
operator or xe authurizcd reproscntalve rutty imue or
cancel N'Q1AMS on airport ccriditinns, (I'be iligwtt
awncriuperatur is the only entity that can cable or uneu a
runway.) The airport opc Tntar must fito xttd maintain this
list of aulhmbed rcprc%enintivcg with the FSS. Any
, no having reason to balitvc that a NOTAM is
nji5.King, incompiete, at inaccurate must notify rise• aigxtt
operator.
2-11. AIRCRAFT RESCUIL AND FIRE
'. FIGHTAYG (.ARFF)140TIFiCA110-N.
The safety plan roust provide f+rocodures for notifying
AJUF persoetuul, mutvnl old providers, and other
emergency services if constnicf ti ✓squires shutting off or
.' otherwise 6.,Tuptiug sny wratcr linear Arc hydranton the
J - rtirport or adjoining areas and ii'umtractors work with
hruerdots material on the airfield. Nofitieation
ltrocedurcq must abn be devdopod for nutityirig ARFF
and all othc7 emergency personnel w4heu the work
perfurtned will close or a0ect fury emergency routes.
Likewise, the prucedttres n1ust address appropriate
natifrcztious when services are redtored.
1-13. iNar1FICA'TION TO'rktL FAA.
For ctrlain airport projects, 14 CPR part 77 rrquircti
notificatirr, to the FAA, in addition to applications "We
for Federally funded construe Lion, 14 Cf'R part 157.
Nutiac of Construction, Aht mtiou. ActiwWnn, and
1i 1 7103
t)em-O-atian of Airports, ruquir,!s [hal the airport oper.ttor
notify' [lie FAA in writing ,sirenevcr n non-Fadcri il}
funded project i jvotvee the errtstruedon afa revs• airpon;
the utnstructian, reafigniTw. altvrixig iwlivating, or
nhandaning of t'[tnway. landing snip, m associated
taxiway; or thL� deaetiedtion or abandonint, of as entire
wort, NaLincacion rrvah'es submitting FAA F'orrn
14se-t, A'otice ol'i.audiirg Area Pmpmiat, to the nenmst
FAA Regional Airports Division Office or Airports
Ditit; ict Office.
; su, ✓.try pt:r+ton proposing any kind of cowdmcturu or
altcnttiotr Of Objeels that affect navegable airspace, a.
defined in I4 UR part 77 crust notify the FAA. 'IhM
includes c:anstnxtimt equipment and lwoposc+ti parking
areas for this equipment (i.e., cranes, graders, etc.). FAA
Norm 7460-1, No ice of Proposed Construction ur
Alteration, can he used for this purpose and submitted to
the FAA kegional Airports Division Office or Airports
Distric► Office_ (See AC 7t1.7466-2, Prupcs d -
Construrvoir is AIferalionof0ojeceTrhul Vnv A,(%crthe
Alavigable Airspace)
If construction uperadow, require n shutdown of an airNit
*,*med NAVAID tram service far wore than 24 hours or
in excess Qf 4 haters daily ou consecutive days, use
rvcornmend a 45-day minimum notice prior to facility
shutdown. Cuotdinate work for a FAA owned NAVAID
shutdown with the local FAA Airways Facilirieg offic:a,
In addition, proccdures thr.t tuWmss unarrticipatcd istility
outuges hurl cable c► s that could impact FA A NAii AIM,
m eat be addrmwed.
2-14. WORK SCHEDUUNC AND
ACCOMPLISHMENT.
Airport uMraiors— or tenants having constawLioti on their
leased ptvpcniesshould use predesign, prabitl, and
preeonstrucriun confervoms to irttrotduce the subject of
etirpol't aperationat safety during{ construction (see AC:
15W300-9, Prrr'de.dgm, A-ebid, a+tclPrrcnrrslrvrrioati
Co+jcrer�ce31or!ItJ•forf CrrpMl'rojerts}. The ait�x,rt
operator. Wnants, and construction contrautors abuuld
integrate aperational Nafety raquiretiicrtts iuto their
pi[tnningand work schedules aq early as practical,
Operxtiocutl 0cry should be a standing agenda itch, far
diycussicm during ptagrm meetings thmught+nr the
project. The contractor ned airport operator should carry
out ansite irt.5pections throughoui the project and
iru-nediately remedy any ciefrciettcies, Khethzr+:aused by
aegiieence, oventigbt, or prq*t wape change,
m
m
6
AC 1501537D-2E
to at feast '., of the widest wind„+pan of the iircr0
expected w use d), taaiu.•tty raid the available td\i%T.y
ohjmt-rice art* L. equal to at least .' time* the Widt:at
w•inggan plus 10 Cx:t. • t See A{_ 150 53L 13 fete
euidKnce oft taxiwaysafrty and objcet-irae arena,!
Couslrtion activity tsiiy he nocomplishcd clasei to a ur
_� .. taciwsy, su4Tec4 to tits following restrictions:
(1) The activity i; LINE courdinated with the
.. tiitporC oprratoI.
(2) Appruprinie NOTAM4 are issued.
(3) Marking and lighting ittecting the
v provisions of prn;agraph 3-9 ue imple ncnted,
(a) Adequate cLeamoce is maintairred between
aceuipnlent scud marmuls and any part of as aheraft, If
such clear ace can imly be riaintained if an aircraft duce
trot have fill use of the entire taxiway ';heath (with its
3'4. OVERVIEW.
1M7.13
main l.Indinr afar 0 the edge of the pxvmg-111). then it
will be neceosary to trove petsunnal and equiptent ftir
each prssing aircraft [it these ,;ibalriUn,, f1ti. persorne wilt
bt: ueed to direct construtctitin equipment, and wing
walkers ;nzY be nzcas_aay tit -ttide aircraft. Wing ivatkn%
should be airline aaintion personnel ret1w 1l -dn
construction Wnfke:s.
b. Cori ftic(ion conttitctoa+; crust prominently marl -
Open ttvnches and excavations at the conbt, ucti,tn site, e;
approved by the eirporr opentlar, and light them with red
lights daring hours of rr:•tricted vesibitity ur darkness
a F.ttcavatinus and open trenches may he pciTnitted
up its the ekwe of a struc.[trral taxiway and "oil paven=t
provided the droNff is marked wd lighted per pm-agreph
3-9, "HmArd Nt la king arxi Lighling."
Section Z. Temporary Runway Thresholds
i ... Cbnstncetion activity in a muWay appruaCh erca'may
result in the ne:d to pertiti!!y c[otre zruuway or displace
" the eiisting runway threSholti in either case, luc.-at,c the
1 threshold in Pmardaance with Appcndia 2 -nf AC:
I5015300-13, A1rpori DMr#gio, Objects that do not
j penetrate these sarfaccs WY still be ubsrntciicns to ;fir
ravigation and may ttffw imn&r•d instriia=t approach
procedures. Coordinate these objects with t4a f',kA'a
Regioutil Airports office or appropriate Airportst Difitrict
Office, ns }accessary. Refer to the current edif7un of AC
150PS300-13 for guidance nil threshold si*g
tecluiremotrs. The partial runway closure, the
digplaeoment of the runway threshold, ae well an elowres
t. of the complete runway and othar portions of the
-movement am sets* requires coordlnnrion with
appropriate ATCT p m`watref and airport users.
;! C'autioa regarding pardst runway closures: Wiwn
1"tliug a NOTAi14 for it partial runway closure, clearly ittate
t,c FS5 pcTwnael that the. portion of prwomt:nt located
[trier :o die ibmshald is not available for isr ding and
daparting irbt}ic. In thi•5 case, the tbmslloid has timm.
ritoved far butte lan ditrx3 znd Tal calf purposes (thli is
diffemal than a di�placediteshc1d).
Eymapk NOTAM: 'North 1.O 0 feet of Ruri ay 1816 itt
closed; ''%U00 fret remain available err kunway t$ and
ttunway 36 fn, nuivats and depanufee." There may he
citi;: flora where the pordtxt of closed ninway is avairable
for En -One only. if sex, the NOTAM inust reel-ct ttia
canlrt;tar.
Caution regarditg displaced thresholds:
lnt<plcn1cr,tation of a displaced threshold affters nialmLy
L,ieih dvailable for sirc:raft landing ever Elie
dispia ecmenl. Deapetuhrg on the rra ati, far the
Aisnhiu:r:•seat (ter provtdC 61)struction civni-ance or RSA),
saeh it displacement nuty alsn require au adjustment ill the
fmidin4 distance avnHable and acaelerars-stop distance
ava•ikble in the opposite direction. if project ace pe
includes pensonrwL equip.mcni, excovatirin, etc. within the
R.SA o€any usable runway i d, we do not recommend it
displaced threshold trnkrse arrivals and ekpature9 toward
the construction activity are prnhibitecL Instead,
implement a partial closure.
3•-5. MARKING C UDELINES FOR
TEN OEtARY THRESHOLD.
d?nstim that markings for tempura rY dislalscsed thmyshold9
are clearly visible to pilots arppcoat;hirtg the airport to
]and, When construction personnel utd equipment arc
located cone to any tluwhold, a temporary visual
NAVAX, Such as ruuway end idont7fier lights (KFIL),
may b$ required (rven on ►mligliRdrunways) to define
the new beginning of the tunwav cLaffly. A visual
vertical guidance device, such eta a visual approach slope
indicator (VAST), pulse light approach slope inaii(Awr
(PI.AS]), m pwcidion apprunch path indicator (PAP!).
may be neccsewy to msitre landing clearance over
personsel, vehicles, t:quipmeni, nndiot above -grade
stacl.•piled iantaTials, ifstiuh daYiases era in:+talled, e:xstrre
an apprupriate dcscriptiv* NOTAM is issued to inform
pilots of tbeie conditions. The current edition of AC
15049340- t, 5rrr+satrtrr/r /[ar ,4irpnrr ,tforkaa,�.r, describes
srsncirrd marking colarr and lsyousm. 1n etrlrlitiun, we
recumaticnd chat a tzaaparary run aaV threshold be rnaiked
using the fa116v'is}g brlitttliax s:
s. Airport markirga mix he clearly visible to
pilots; aot mukading, confusvtg, ter deceptive; mewed in
place to pre+eat mot•dtnent by prop wiwls, jot blenst, t.•iitg
vortices, or Dkha wind current4i iva.1 constructed of
a
AC 150+537G2r ?'1llt73
coottlintttr rts ittstaflatiotl ear di6ablrmg with the Uwal F. )5.-ue a NOTANI :tie infurnr 11iluts ol-tc-r-tparwy
Airway [':acilities 5}3tcrn; Itivta�ctstznt t�iTsce. lighting condiuctns.
Section 3. Other Construction Marking and Lighting Activities
3-7. 0%'r.RVIl�- .
Ensure that constaurAou areai, ictlk;ding closed rutitvays.
arc cieatrly and Visil l%' separated fram s7Arvan7e11t ttrCM
and that huaads, iaciliiias, cables, and power linm:s are
idauti tied trrumineittly for constructi or contrur-tors,
T-luough mi the d!untiun cif the comMc6on praia:i,
verify th4 these areas rernitin clearly rruirkcd and -i4ibla
at all times atul that marling and ligbtitta aids rasinnin in
place atul aperlldDnai. Routine iv,ipzctions must be n-Adt
of tempormy consaurtion lighting, eifx-Ciidly battery -
Powered lighting since weather canditiors6 call limit
ba,nety lift.
3-S. CV-0SED RL,NWAV AND TAXIWAY
MARKIt�t; :kND LIGHTING.
Closed naiway markings consist Ora yellow "X" in
:: caunptityiac with the standards _ofAC 150,, 411-1,
{ Str�radaatfs far Afrpart :VIar,FJ► y A v�•iy e[$crive mkt
: IfrefCrable visual aid to depict tanportuy clastan is the
: lighted "X" signal placed on or rear the runwa}
l dexianatiun numbers. Ihic devkc is much mom
disctrnihle to al pruscbitrg aitcrafi than the uther
;: mattrialti described• !f the lilrhted ",k" is not available.
cousttvct the malrkitig of auy of the fallawing niattCriale,
double -layered painted ynaw fence, colored phistic,
painted sheets t)f plywood, oc similar rzateriaalu. ?hey
i InU st be properly Configured grin secured w prevent
ntoveirtcnt by prop wash, jet blajl,. or other wind. currents.
In addition, the airport operator luny instal) bitiricaades,
traffic cone:,, activate slap bars, or other acceptable visual
devices at nuijar entrances to dic runways in prevent
aircraft from entering a cloyed poriun of runway. The
:..placement of even a single reflective barricade with a'tka
not enter" Sign ati a taxiway OCrIlerlinC Calm pretrout an
aircraft from continuing unto a cluyrd,unway. If the
•11x1WRV MV6t Mnlairl Uf7eII 1477`;t KCYdft Cn)nS1IIjffti,
'imrrictedes or n arkinp. as described above or in
Paragraph 3 9. should be placed an the rtmivny,
& Yermsturnti} closed runways.
Pur rwiwa,s and taxiways that hwx be= perm uitutly
rill it�t. discunneel the lighting cirvltit3• Far runways,
;g61i6erate the tlrieattnlrl toart:iitg, runway d�ipsntiorr
;ntasrl iug. arrd touchdown zone nutritin�-r. and piactr 4X's" ar
�dch and and '.( at M-fixyt (300-m) iitszrvsls, For rixivay..r•,
:.plat:e an ''X- at the entrdn-v of ,he cluscd tarsiwiLy.
b. Temp arari ly ctwrd runway and taxiways.
For runway6 than have bare tenipmarily c?a5sed, plrtcc im
;X, at the each and of the rutlwn. with taxiWay6. place
an `"V at the entrance of the closest taxiway.
r. Temporarily closed airport.
When the airport is civi-ed tt:rnpurarily, nusrl, lire ntrtways
as closed and turn oft the tiirport henwri.
d. Permanently closed airports
Vtlica file airport is closed pannitnently, nark the
runways as pennanmtly clered, disconnect file anpurt
beacon, acid place an "X" in the ,&Vner led circle or at a
+:enual locnlian if no segmented cirelt! exists.
3-9. HA7sttiD NIA'R ONG AND LIGHTING.
Punvidc prominent, enniprchenaibli: warning indicatuts
fbt ally area affected by cominiction that is nun•n*14,
accessible tv aiscrnft, persouucl, or vebicla& using
appropriate hazard markillq and lighting inay prevent
damage, injury, Cn, Me delnys, and:'or ftauitityr clnnum%-
lIrtzsi•d marking and lighting inust restrict accent and
make specific hazards obvious to pilots, vehicle drivers,
and other personnel. Barricades, talkie tones (weighted
nr sturdily atiix-had to tit= surtace), or flaahin are
acceptable mcrhods Lued to identify and defioe the limits
of construction and huzat0otar areas oat airports,
Provide temporary hazard niarking and lighting to prevent
aircraft from tWin3 onto a ciosod runway for takeoff and
to identii , open ttranholft, Ftmll areas urular repair,
stockpited ra Ueriad, and waste nreas. Also consider less
obvious construction -related hazards and include
markings to identify FAA, :airport, and Natiamal Wcxthrr
Service factfities ezitllex and power tines, instntfZlCnt
landitig system (ILS) critical areas; airport; surfncm. sitcb
as RSA. OF.k, and OFZ; and other sztuitive area6 to make
it easier for contracwr nerarmnel to avoid these arena.
The cxirtstruction specific:iions must include- a prvYi6ion
requiring the conrraetcsr to have z person on call 'A4 liours
a day for emergency rrtaintenanae of airport hazard
lighting and ban-icules. The urntmctor must file the
contaca pessorl's infall iativn with the airport.
I. INGU OVeWRr AMA%
11fi.iCiA cotisuttctiurt htcatav* on nunrioverwnt strr~m in
which no part afar, aircraft istay ontcr by using ha*riza&-s
thsal 'ass arsarked with diagonal atternnting unangi and wtute
stirfios, Stmicades m,•iy he stipplernenicd with altcrnnting
m
10
AC 4 50/537U-25
3-1.4. FOREIGN t7J3.1W't• DEARIS (FOW
4; ANACE'ME1VT.
Wasu; rwd lou,e re- tteriais, commonly ri--ferrt d to a: FOD,
arc capshle. of cctusirig dattyage to aircrxic landing Zeta-:.,
propellers, and)a eginca_ Cottstn:Ctioa Cuptractars eager
3-16. OVRRVJEU-
f i 17l03
exit teave ur place FOD on or near ;tcii.e ii--,ruh
mauve nit'.'ni areas. Maturi$ls tracked ur;to these attars must
be Cantinuattsly removed during tlfc COrISMIttio_t 11raject.
Wa also recarmnead that aitprt, operaton, and
constroi.tr, u�cotttraclers:awt) fully �ntrol errs
cronli:rttotOIl ttirrwr-: Wertz to IoOsc: tttaterials that might
entail wiidli Cc.
Section 4. Safety hazards and Impacts
'lyre ,+iteration, identified below are pnwntially ltszardotu
coirdieio»b that nlay owur during airport oattsmwlion
projects. Safety area cacreachmenL%, ttnaethoriztd and
improper ground Vehicle, operations. seed uttrtUAud or
uncovered holes and trenches rear airctalt optavting
surfaces pose the mcwtprevakril threats to edrporr.
oneratiormi ssfety during airport constnction prrizxra.
Airport openonrs and contractor~ should consider this
failowing when performing inspectiaps of catt4tructiart
activity:
e, fiacavllion sd;Accrtt t4 WJt►►•'ej'S. Laxiways, and
wons-
3
b. Mounds al'earth, construction rnrterials,
} _ teatpurary 31ruLtures, And othty utatuacles next tiny open
runway_ txriwtry. or taxilane; in Lbc related object•frte
amn and aimtab tippmach ur depau�ture tcrca i-sonda, or
ubstrticting any sigh or marking,
f G. Runway reutirfacing projects resorting in lips
I exceeding 3 ituht:5 (7.6cm) from pavement edges turd
cads.
d. Fleas-r equipment (Aabounry of mobile)
ap-rating of idle near AOAs, in rup,ivay rlpproachea and
departctsrw arewf, or in OFZt
e. Egitipmerti or rlaceriatl near ?V.a VAiDs than ustty
degrade or impair radiair:i signals att.iur the monitoring
of navigational and visirpl a+dti. Uniterhurixed or
improp+cr vehicle operations rrr localizar or glide slope
criiwal Kteas, resulting in electronic interference an&*'or
facility' shutdown.
L Fall and especially relatively low -visibility t,uits
(i.a. equipment with slim prnfilest—cranes, dr:lJs, and
rtirrilar obafacts —located iu critical areas, such x5 OF7.s
and approatit zones.
V. Lmproperly puskiovad ur malfunctioning lights
or unlighted airport hazards, such as holes ce excavatiotiw,
rite atty apron„ open laxiv� ay. or open tatiirrtut or to S
rclsted ,wety, appruach, or daparttlit: rues.
h. Obshicks, loome pavelnw;t, 4-ash, and oft-n-
eebrts on or near AOAs. Cons"ction dtbnLs {o v el,
san1, thud, puvirg materials, cw.) ou airport. pavernerta
may mult in airurad propeller, turhitic engine, ar tire
damage. Also, luOse motor Lls tmny h;ow about,
potentially Catrsine petsundl injury or equipmem datrtage,
i. Wipprupriate or poorly maintained &racing
ditrinb con3trt1t`tiU3J intcrided to titter human and animal
inriusinas into the AOA. Feocing and other warkiugs that
are iDa *kiALC to sepw-ate consinw iOL areas timtn �optn
AOAs Grease aviation bazsrds,
,j. lrnrwtiperor inw?tclLcau: marking or lighting ol-
rt:nv:ays (especially 1hreshoWs that have beery displaced
ar rttntitays that have- been closed) sad taxiways that. could
cause pilot canl'Wion stud provide a potential fur a runway
incursion. 1Mdutuete or iruproper methods of ntarkiug,
brtrricadhV. and lighting of tem nrarily cloartl porLiums of
AUA9 create aviation itaztvda,
>- Wildlife tttbu-m :ts----sucli as trash {food scraps
not colkcted• fairy construction pt ssonnel activity), grass
iiverls, or ponded water—un ter aear nirpome..
1. Obliterated or faded nwkinga on uclive
Operational areas.
nt. Misleading tti malfttnctictttirtg nbartt'ucritra ligltta,
Unlighted or unmarked ubsttvrainns is the apanrach to
any op t runway pose aviation hazards,
o. Faiilurc to issue, update, ter caut:cl NcC -AM6
abutttairNrt or mvway closures or Whet
construction -related airport cunditiuns.
Q. Failure to mark and identify utilities or power
cables. parrtttge to utilities;and power cables during
corimiction activity Ctttt rr ralt in the lw-s of
rurnway.taxiuHy lighting; luss of navigarien3l, visueF, or
Apftrouh nits; disrupting of +v rather reporting servit;1c,,:
amtilur lass of cctmmunicatiuns.
p. Rrttrirtions un ARFF aciess fr6m 11TC St-WiOILI� to
the nrttwtty4vxi1x'ay system or airport buildings,
q. rack of radio c:omnnmications with; constnccgon
vehicles ir, airport rrtovement ru•eny.
r. Oblects, rcgardlcas of whether they t nuirked
or flapged, or activities any .vhtrt: net ornwr an xiwi
.t
12
1;17103
APPENDIX 1. RELATED READING MATEMAL
I. C.}btRF12 tFle htegl vi+SOn of the follob jqg fret
pubilcannns ficun the FAA on its Web site at
http:;lw�l.Fad,gcrr/sr In iakfition, these ACs arc
available by coixacting the U.S. Depsnn rnt of
Traw purtt tion, Subsequent Distrihutkm (ace, SVC-
121.23, Ardmure Easi 13t4ine s Center, 3141 Q 75th
Avcaue, Landcvei, N1l)'.'0785.
;. s. AC 150.!521At'F1,Nafirmit; •linnen (A`07,l.�3j
jar k4por r OperastwT. FroVicles gilitiat,et far the rise of
the<)TAM System in niiYsnrt repnrting.
b. AC 150i s200-30. Airport Miner Sufett, utrd
Opei&iuns, Provides guidsncc w airport
owner. operaturs on the develapirtuslt of an acceptable
airport .4now autl ice control psugralls and on apinvpriate
field condition reporting procedure.,;.
c. AC 150i-.-MO.33, HacrrrdLwLy Wildlife Affiacrants
0n orNear Airpxirts, Provides guidance tin locating
certain Lend tines having the potential to atimet hazardous
wildlife to public -use airports.
d. AC 1 StN5210-5, I'ainli"R, Morkirrg, and Li fflrfirtw
oJ'Vehicles f;se►elun crt lirpor•t, l'ruyidm guid!mce,
specifica6uns, xnd standards far psiating, marking, and
ligl,ling vehicles oper-wiry in the airpon air ope ntiDns
AMU.
e. AC 15015 IGA, JVuter .Szq;ply S' ste rnr for
Airrr a * Pie oriellPrYcur Prutet:tian_ Provides guidaut c
for the selection of a water source and standards for the
design of it riistribuiion systm ru support aircraft rescue
and tick fighting service 0per111i+r03 on aitports.
t f. AC: 1501-1540.1, Stuf,dvrds jrrr .0purs . WA-iptgs.
Contains FAA standards fur Markings used: on airport
mnwt ys. taxiwxys, and crams.
b. AC I SM340-1413, Ew wm'v Approach Lighting
.did;, Describes standards for the desip, sdeerion. siting,
and enainteviance aF economy app-nach h(diting aids.
AC 150i5570-2E
K. AC f _'TS34t1-12, Stwrdg)TA Ar Aripwl z s),
.Vywm. Contains FAA : mbiatds firr die sititig and
i(ISTRUEttiU11 Df Sip& un aiM01T r )W3VS XMd ttLkiv.'nys.
i, AC 15015345-29, Pre ishin Apprenwir Path
h,dir or- (PAPf) Slutrnar. C'oniaitns tlx: FAA ;tandani;
for PAPt systenis, which provide piluts with visual glide
slope guidance durirq,- approach for koding.
1. AG 150:538t S, Debris Haunds tit Cir:l
Airpw-rs. Disctumes pruhlems.11 airports, giruc
irrfotlrt dad an iereign objects, auFd uxplai s how to
eliminate W6 objects Ftom uperationcrJ areay.
k. AC 7().^46LL2, P,- posed Cot:,kinta•tiurr or
.411en-Wan of Ohfer u that aL av Affet•f dre Rw,+ Rable
Ai^pare. Providix illfmrmna on to pem&is proposing w
areal ar alter on nbject that rr)ay aftcct navigable airsptice
and explains the ntxxl too notify rite FAar befurr
construction begin.. and the FAA's rtsponse to than
nnticas, a4 required by 14 CFtt part 77.
Z. Obtain oopits of the followiug publications from the
5upori,rtendaT,t of mourn ant , iis. Guver rtMerst Printing
Office. lVaishington, DC-10402. Send a uhecic Dr money
order made payahle to rare Superintendent of DticumcnN
in the amount siblud with your request. The Govatmment
Printing Office clots uut accept C.O.D. Orden, 1.n
nddiWn thb I AA makes these ACi avaiLbir atno chaeou
on the t l�b sits et http;l/W ww.fma4ov/arp/*
a. AC.IS0.;53410-13,Airporfllesign, Contains
FAA standards and recutt Lnrtdations for airport design,
cstablishts atTpmach vihhilky ininiTiiums air ail airport
demon puiaineurr, and contains the ubject-five area and
the of)sttaele fr c-zone r;ri rria. ($26_ Sups. Voe;.)
SN050-0074I 208-0,
b. A(: 15fli537 (} 1(!, SievrrierrtJr fr�r .�ntt'if i`�reg s
Con-anra'fion gj'.'lrrpartt: Pro iden standard; for
cunsiruction of airports. 1te[7* covcred include
earrhwurk, dminagu; Paving, turf'nsg, ligl3ting, and
incideritHI constrtwdun. (518. Supt. Do"-.) SNO50-007-
0821-0.
1117M
AC '.5015370-2E
APPENDIX 3, AIRPORT CONSTRUCTION SAFETY PLANNING GUIDE
Aviation Safety Requirements during Construatlan
PURPOSE. 7iris upJt4�r;ur p,Yn ilJes rrnr7 open"frvrs
with ha:ferptuia Ju,,�rrrr ct>rd icurr+a�rc for dt rc ttpirrg 4
sr�/etv rl�ru,iorarr �lrport r.rrr:.struClio+t prr�jart..�.d�p1 this
a,-penr(rr, has appU adds, to spet-V r cat,d diorts-fr,wmi ore
lire airport, fnr• ►t,hirvi t,6r. p1a n is being; drwelapnr4
C'rnts•id r i:tcJudfrrg at CUpr r j'tkix safey' pirm in the.
;loot h-aictiun th-47witrg.+ far• nosy acrera by rotrtra rot'
pro-yri'miel 11;(M& .sharrid t onrain rlar /rrl/ntt�iig:
1. GENERAL SAFETY REQUIREMENTS.
"throughout the constntction project., the rollowing safety
and uperation i ptnetic� ahculd lee observed:
• Operational sai--ty shotdd be a standing agenda
item during progress Meelings th,vnghout ihte
coI sirt,Ctlon pnlject,
• The + ontractor anti airport operator triust perform
onshe inapections throughoutl the ptgject, with
immediate ramedy of any deficiencies, whethor
uttrsed by negliigencc, oversight, urpr%jJcct scope
Change.
• Airport runways ,and tiuiWays should remain in
vsG by aircrad to the nnaxuntun exteul possible.
• Aircraft use of areas nm the uontmctor'r, work
should he controlled to rnininu7e disturbance to
the coutractur's openttion.
• Contractor, sulxnatractor, and supplier
t-Inployi es or any tmauthnrizedpersons must ba
restrirsted frown entering an airport area that
would bo iatzardnrr..
• Constndction that iy witbitr time Safety prep or an
active runway taxiway, of apron that is
performed under normal nperaticnal rouditions
mast he performed when ilte nutway, taxiway, or
apron is closed or use-tsstriacd and initiated
only with prior penrission Roan the airpou
operator.
• The contracting aML oCr, Airport operator, or other
draignated airport representative may order the
comraam to suspaid operations; move
personnel, equipment, mid tsrstcrials its z safe
location; tenet str`ad by uptii aircttmil use is
�ortipktted-
Z. CONSTRUCTION MAINT ENANCE AND
FACILITIES MAINTENANCE,
before beginning any constructiou as tiv ily. the contra for
111u:tt, through the airport operator, give nodec [using 7hc
Notice- tcAirmen(NOTANi) Livsterpiofpropnsed
location, titer, and tine of irtn]f1,CPCEntCn: of
c<<rutnicvan. Upon completion of work and rrturii of hl!
such areas to stszdard coudi6ons, 111C CflnrraC'tOf rAttSl,
throt:ah the air,art opemor, vtn ify the eaacelletioa olali
notires issued via toe NOTMO Syswri, Througltuur the
thiriltiosz of time Cca"Truction prtlject, the contractor -rust--
it. Be aware of and understaud rite safety pntblems
and hazards described in AC 15t1-5370-2. O)perutiururi
SrS/t'ry a+r:4irpr�rsr IJrari►i� CtKzstrrmlitrn.
h, Conduct activities so rib not to violate any itefUy
stand4rds contained in .AC 150'5370-3 orany of the
lercrcnces them -in,
c. laspect all construction ntid storage stem as
often wi necessmy in be aware of conditions.
d- Promptly ►Ac all aotinas necessary to pravont err
remedy any unsafe or poteniutlly unsafe comfitions as
soon ay they = discosered-
3, APPROACH CLEARANCE To RUNWAYS.
ltdtnwtly ftMhukji arrut provide an tirobsuuvEcat1
mpptvaab surface ova: equiltrtteat and materials. (Refer to
Appendix 2 its AC: 150 5400-13, i port Dcvign, for
guidance in this arm)
4. P.L"NWAY APi D Ta►XIWAY SAI'E7"Y Ai2P—A
(KSA AND TSA).
Limit consttuction to outside of the approved ELSA, as
shown tin the apt[ uvcd airport inyOut p1wT--unicss The
runway es closed ormAticted to airtrttt't operations,
requiring a leaser standard RSA duo is equal ut the RSA
avaiiahle during coestnectinn (see .AC 15Ika370-2 for d
cxcepriony), Conitruction activity wiNn tbe'fSA is
pemiissible when time taxiway is open to aircraft mUlic if
adequate wing -lip cl:atance exists between the ait=uil and
Nuipmcnthrt::terial; evarnaliui%, 4eneltes, or uther
conditions art: conspicuously marked and liglmtad; and
klad NO'1-AMs aft in eifuut fur the activity (s2e AC
1501300,13 for wingtip cleuance regtidai tenth )- The
NOTAM shooed craw that, "personnel and Cq iptncnt are
iworkkls adjuezut w Taxiway._. ,
era Procedures for protecting runway edges.
• Limit: cmistru;tiun to no cluser than 2D0 reel
1tiUr::r) born the ton+vas rcntcrlinr--dances
tilt ;Unway it; closed ter resirkted it) krura:i
operations, requ:ritW. a lesser standard RSA
107103
AC 15Q15j73-2E
C'onitrlatle the fallen. -frig eintrr rq fiPle dine Nw. arcu !lent arrive I he%re thr r7!,Iva) th o.,lre•ld:
liiinwny Eud ArrplAw Aircraft
Minimum Safety krert Minimum Uaobylrt); od
N mber . Resign Grmie Approach
Priar to the Threshaid` Appro=h Slive
C'ategoty*
Ill_ cr IV
A, B, C. or D
]R�35L > �r _ D —
1,a FEET 0 : l to "threshold)
_1
�-:1 (17R)f34:1 (35L)
A f 26 IV to
1 0 . FL:ET : i to (tlireshald)
_
: 17LJ 35& - II_ - _ B _
; FEET - 20 .1 it) (ihreshnld)
• _..—•- •--•--_-- --•— _
„__� }�EF'F _r i t4 (tlitechDldl
':Sae AC 15(7:530f� 13, +rpart Lhisi,�a, to cotnplcte the chart fora specific nwwny.
5. 5&kRXVXC AND LIGHTING FOR
dm Airport operattoricontraelor, as specifjdd in the
TEMPORARY THRESHOLDS.
conirdat, and will be depicted or the plans.
Marking anti Iig)rting for a ternporery ihreshold iz _X Is
not regtdred, lire airpoit owner or contractor, as
;pacified in the contract, w,3t titmiah Find maintain
mttrlings for tanporary thmshold+r. Piecisitm approach
path indicators (PAPIs) of runway and identificatioo
lights (RE] L) are * rare oat — rcE}mead. The airport
owner of contractor, es specified in tie crmtracZ, MIT
&irnitih and install all idn.porary righting. Include
aaprupriate Mum; per 4C 150/5370-2. Chapter 3. "Satiety
Standards and Guidelines,` Ifmarklrrg and lighdnR jur
the rvu;3prtrary tInwhuld it nett required deltic this
section r f'rhe ouf err plein. If vimal aide andlor markings
are ireeerssory, provide detail i. llnilrrde cpplicahle 14
CPR parr 77 swr fairs in the ronnwei eke-nrmerrts'.)
6. CLOSED RUNWAY irl.4iiLliJ NGS AND
LIGHTING.
The follomviag must be spocifrcd for close) ruriways.
Closed runway tmricing are x !cue not _ rccluirti L
Closed runway markings will —be wit shown on the
plarn ... _;es furnished by the airport
owner ,..!other_ (4wz:i(vj_ Rtrricades, Ragging,
aril flrsir-rs are X-late not regLired utTaxiw•ay.__._
and Runway _and will be supplied by the nitirott
:'ntltcr_X.(specify). THE COSTYACTOR
7. HAI..ARD01`3 AREAMARKING AND
LIGHTING.
H;izardutuu areas on. thrr movenew aril will be marked
with btECTi.:Rdei, traffic cones, hugs, ar Rashen (specify).
bese rttnrkings m,trict access tend tntrka baLards obviut>_i
to aircratl, persotmal. ertd vehicles- During periods of 101ty
visibility and at night. id=tity IutmMokr7 areas with red
f oohing or %teady-Msming 16, lus (spceiiy). The
bazardous area mrrking and lighting will be suppliui by
U. TEMPORARY LIC-iffLw4G AND NIARKING.
Airportinerkiroga. lighting, and"OT sigA5 will be altemai in
the fallowing mariner (+pccify) during the period from
_* ro no alterations are depicted on the
plan.~.
*REFER TO THE PLANS
9. VEHICLE OPERATION ?MARKING AND
CONTROL.
Include the follatving Prot ieiaris iu the cansirEtcticin
contract, and address them in the sRErty plates:
it. When --wy ;-chicle, uthcr than one that has prior
appmva.l from the airport operator, Mort travel river any
partisan of as aiincrati movement Ura, it will be ucarted
and properly identifrorl. To operate in those areas dur4
daylight hown, the vehicle mot have a "lag or beacon
reached to it. Any vehicle operaiting on ilic movement
areas during hours of cltuknems or mduced visibility must
ire equipped with a fla.4hing dotrsc-type light, the cube of
which is iti RE=rdance with Iocel or .state uscies.
b, it may ba desirable to clearly identify t1w
vehWe5 far c0rrtS0; pttrlst>ses by Ci$er &,;9ijnre4 initWs ur
nuithers that = prominently displayed ors each side of
the vehicle, Thr idcntificatinn s}rabolr should be at
minimum 8-inch (20-ctrt) bLwk-type characters of tt
ecnttrasAng color snd cosy to read. 11irry may be applied
cithar by using tape or a pa.Ln= to (acilitate
removal. Magnetic sigm are rL<cr acreptablo in addition.
+elvcles hash display identification medic, xi apecitied in
the approved me wily plan. (7711S secrlon shotfld be
revOed to c'onfirrnr ro the aiip-w7 operator's
PLYlref �"tNi Rl�'. �
N
111'f*3 Ar- 450,16370-2E
APPENDIX d, SAMPLE NOTAM
AIRPORT
DATE: - - -- - ---
AIRPORT I.D. N ., .. _. -- - - - - -- - - 'TIME :..
NOTAM TEXT:
NOTif ICATON:
PHONE A INITIALS TIME C: hLI,U) IN 13Y
PHOtiF.LNITTALS TI1w1L•' CAY..UD N' BY
AiRLLN'F$
CANCELLED:
1tiOTiFIC.ATOY:
FVONF. 9 mPIALS TIME CALLED IN BY
RkV4FSS
PROW IN E ITIALS 'PIME C:ALLF-D LN BY
AIRLINES
y3
M1f •.
SW 5200.513 2f15/96
TA
sl
d, Obstacle Free Zone (OFZ) - an FAA airport design standard for a volume of airspace
above a runway. The components are the Runway OFZ, Inner -transitional surface OFZ, and Inner -
Approach OFZ.
., e. Obstruction any structure, natural growth, vehicle or construction material whist
penetrates any airport imaginary surface defined by FAR Part 77, including primary, transitional,
approach, horizontal, and conical surfaces.
f. Relocated Threshoid - a runway end which is not located at the physics end of the
pavement_ This may occur if part of a runaway is closed, and a relocated threshold is established
at the beginning of the usable pavement. (Note: this term is not used in the Noce to Airmen
J % System.)
g. Safety Area - the gmund surface next to runways, taxiways, and aircraft parking areas
which is expected to be graded, drained and free of any hazardous surfaw variations and
nonfrangible objects, the purpose of which is to reduce the risk of damage to an aircraft
inadvertently leaving airport pavement.
h. Small Aircraft - an aircraft weighing 12,500 lbs or less maximum certificated takeoff
weight.
i, Large Aircraft- an aircraft weighing more than 12,500 lbs. maximum certificated takeoff
weight.
6. PROCEDURES. Aviation safety is a primary consideration during airport construction and
facilities maintenance. TIt<ese activities shall be planned and scheduled to minimize disruption of
normal aircraft ground and air traffic. For airports subject to FAR Part 107, Airport Security, the
airport operator's security program standard's shalt be observed in the areas of access control,
and movement and identification of construction and FAA personnel and vehicles.
a. These, standards shall be used to develop specific safety measures which FAA employees,
t : grantees, and contractors shall adhere to dur[ng these activities on all airports in the Southwest
Region. They provide a reasonable level of safety, but aircraft operations, weather, security, or
local airport rules may require use of more stringent safety measures. Use of less stringent
measwes and changes that impact security oontrols are permitted only after coordination
between Airports, Air Traffic, Airway Facilities. Flight Standards, and Civil Aviation Security
Divisions, airport management, and affected aviation users.
b. Sid documents for on -airport construction or maintenance projects shall include general
and specific safety requirements, based on Appendix 9 to this Order, so that contractors are
aware of the roosts and constraints which will apply during the project to maintain a high level of
aviation safety.
Page 2 Par 5
._
J
J
Sift/ 5240.5E 2115M
i. Unau#horlud vehicle operations in iocaker or glide slope critical areas, resulting in
electronic interference orfacility shutdown.
j,SConstruction debris (gravel, sand, mud, paving material, etc.) on airport pavernents,
resutting in aircraft prop, turbine engine, or fire damage.
k. Exposed pavement edges (drop-offs) from runways, taxiways and aprons to adjacent
pavement sections or shoulders.
I. Construction activities which hamper aircraft rescuelftref'ighting access from fire stations
to the runway -taxiway system or airport bindings.
m. Lack of radio communication with construction and maintenance vehicles in aircraft
Operating areas.
8. SAFETY STANDARDS. Paragraphs a through h below define safety standards and
guidelines for FAA funded construction and FAA maintenance activities an airports.
a. Obstacle Free Zone
(1) Objects, vehicie, and stockpiled material normally are not permitted to penetrate
an OFZ. OFZs are shown on Figures 1 4.
(a) Runway 0M.are applicable at. any time the runway is open for aircraft
use. On precision runways wfth approach lights, the inner -approach and inner -transitional surface
OFZs must be kept free of penetrations only when the weather conditions are befow an 800 it.
ceiling or less than 2 miles visibility and aircraft are using an Instrument lading System (ILL) for
approaches,
(b) Objects which do not penetrate an OFZ still may require notice to the
FAA under FAR Parts 77 or 152 and may be obstructions to air navigation. Those objects which
exceed FAR Part 77 obstruction standards afe to be appropriately obstruction -marked and, if
used at night, obstruction -lighted. Cranes or other equipment of unusual height may require
special consideration and coordination with FAA operating Divisions and airport users.
Page 4 Par 8
IC
z
l Inner-Traiisitional OFZ
Rwy I,J
s� OFZ
PIaR Vi�W Et�d ` lew
4:
Figure 3. OFZ - Runways serving iarge aircraft - visibility rninimums lower than 314 mile
(3) The Inner-A►pprcach OFZ, shown in Figure 4, applies only to runways wPth
approach ii htin systems, It begins 200 feet from the runway threshold and ends 200 feet
Pig g 9 Y g y
beyond the last light unit in an approach fighting system, and has a 501 slope, beginning at
runway end elevation.
Figure 4. Inner -Approach OFZ -Runways with approach lighting systems
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c. Partial Runway Closure For Equipment On The Runway,
2f 15/96
(1) When equipment or construct an/maintenance activity must be on a rurnuay and
a decision is made to keep part of the runway open for aircraft, part of the runway must be closed
as shown in Figure 6. The dimensions shown are recommended; however, a larger closed area
' than shown may be necessary depending on aircraft use, level of activity, plat technique, and
equipment height, and a smaller closed area may be possible under some circurnsiances. These
recommendations are based on equipment heights of about 15 feet; higher objects may require
special considerations.
(2) Use the folk Wng distances from the construction/maintenance activity to the
relocated threshold:
Small aircraft (12,500 ibs or Tess) - 500 feet
Large aircraft (More than 12,500 tbs.) - 1000 feet
J
I Closed Area i
Usable Run wqy I SW or 1000' E [ Eq+aipment
Temporaty
Relocated
Threshold
Figure 6. Relocated Threshold for Equipment on the Runway
d. Runway and Taxiway Safety Areas.
(1) Runway safety areas - construction or maintenance activity is prohibited in
runway safety areas (RSA) while the full length of the runway is open, Normal FAA maintenance of
visual, approach, and navigational aids is permissible within safety areas provided vehicles,
material, and excavations do not penetrate a runway OFZ and requirements of paragraph 8b for
approach clearance over vehicles, equipment and material are met.
(2) Runway safety area dimensions are shown in Figure 7. Existing safety areas at
a particular airport may be tamer or smaller than the standard dimensions listed. if construction or
maintenance activity must take place within the specified safety area, it is also acceptable to
restrict the runway use to a smaller size of aircraft and use a narrower and/or shorter safety area
dimension for the duration of the activity -
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(3) Taxiway safety areastobject tree areas - sse Figure 8.
nstructionlmaintenance activity is Permissible in taxiway object free areas and safety areas if
activity is hazard -marked and/or lighted and NOTAMs are in effect. Special consideration
ust be given to the height of barricades, flashers and other warning devices to cleat aircraft
ingtips, propeiters, engines etc. Other actions may be necessary such as:
Using ~wingwralkerV to guide aircraft past hazards,
Using temporary taxiway marking/Ughting to detour aircraft clear of the area,
• Moving equipment and personnel well clear to allow aircraft to pass safely.
Taxiway
Object
Free Area
x
{
wtngop
Clearance
i�bject
Air lame Design Grou See A endix 3
Item
1
9
N1
iV
V
Taxiway Safety Area
Width Peet
49
79
118
171
214
Taxiway Object Fme
Area Width Feet
88
130
18S
250
320
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(4) Closed runway marking:
(a) Use yellow "X * marking as shown in A.C.150f5340-1.
(b) Closed runway marking is not required onairpatts with a 24-hour Control
Towers if the closed runway cannot be mistaken by pilots for nearby open runways and the airport
operator consents to omitting them. In some cases, closed runway marking could interfere with
the use of the runway for aircraft taxiing if this is to be showed while the runway Is closed for
landing and takeoffs.
(c) Closed runway marking Is not required on runways which are closed only
at night provided that:
1 Runway lighting and visual aids are turned off,
.: 2 NOTAMs are in effect regarding the closure. '
(5) Hazard Marking (barricades, traffic cones, ushers, etc.) shall be used.
(a) To outline construction/maintenance areas which are accessible to
aircraft, persons, or vehicles,
(b) To identify isolated hazards such as open manholes, small areas under
repair, stockpiled material, waste areas, etc_,
(c) To prevent aircraft from taxiing onto a closed runway for takeoff,
(d) To identify FAA, airport, and National Weather Service facilities, cables,
power lines, ILS critical areas and other sensitive areas, in order to prevent damage, inter#erence,
and fadlity shutdo++m.
f. N.aviga#ion Aids and Instrument Approach procedures
(1) The need to shut down navigational, approach, or visual aids shall be
determined on a case -by -case basis. Flight Standards, Air Traffic, Airports, Airway Facilities, the
Flight Procedures Office, and the airport sponsor shall be involved in the derision as necessary.
Work within an ILS critical area may affect the radiated signals and interfere with aircraft
navigation. ILS critical areas may be shown on the Airport Layout Flan, or contact the local Airway
Facilities office or Airport Traffic Control Tower for information on rriVeal area location and
dimensions.
(2) Construction on or near runways may severely restrict the use of Standard
Instrument Approach Procedures, and all phases of the project shall be coordinated with the Fort
Worth Flight Procedures Office to determine the effects.
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1 Q. PROJECT SPECIFICATIONS. Specific safety requirements for a project may be
developed using the guide in Appendix 1 of this Order, or may be written or provided in other
forms which provide similar gulidance. The protect safety requirements shall be included in the
plans and speefications, as applicable, when an invitation for bids is issued_
Cfyde M. OaHart, Jr.
Regional Administrator
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Appendix i
c• Temporary visual aids (VAST, PAPI, REIL, etc_) are (required, not required). The visual
aid(s) will be furnished and maintained by the (airport owner, FAA, Contractor, etc.).
fa. Closed Runway Ma*inclIhazard Mar}jna:
a. Closed runway marking is (required, riot required). Closed runway marking shall be (as
shown on the plans, l;umished by the owner, etc.).
b. Hazard marking and fighting shall be as required by the (airport owner, project
' superintendent, engineer, etc..), and shall be as (described in Section ^ of the specifications,
as shown on the plans, etc.).
7. Vehicle Identifica#ion pnd Parking:
a. Contractor vehicles and equipment shall be identified by (describe marking and
lighting).
b. Employee parking shall be (specific.location, or as designated by the engineer,
I :; superintendent, airport manager, etc.).
a• Construction Site Access w4 Haul Roads: Access to the job site snail be via (specific route,
3 as shown on the plans, designated by the engineer, superintendent, airport manager, etc.),
-1 9. Radio Communications: Radio cornmunications are (required between the contractor's
representative and, the C•ontroi Tower), (riot required), (Specify comrnurfications requirements in
as much detail as possible.)
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