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Resolution - 2008-R0243 - Construction Contract - Alpine Systems Inc. - Upgrade Airport FIDS - 07/10/2008
Resolution No. 2008—R0243 July 10, 2008 Item No. 5.10 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 Construction Contract with Alpine Systems, Inc. of Killington, VT for Upgrade Airport Flight Information Display System (FIDS). 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 10th day of July , 2008. 0yM-cku TOM MARTIN, MAYOR Garza, City Secretary AS TO orris, Transportation & Public Works/ City Manager CITY OF LUBBOCK SPECIFICATIONS FOR LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT UPGRADE FLIGHT INFORMATION DISPLAY SYSTEM ITB #08-720-DD Contract # 8481 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY littp:Hpr.thereproductioncompany.com/ Phone: (806) 763-7770 "A City of Planned Progress " CITY OF LUBBOCK Lubbock, Texas City of Lubbock PUBLIC WORKS CONTRACTING OFFICE SUITE 204, MUNICIPAL BUILDING 1625 131" s'rREET LUBBOCK, TEXAS 79401 I'll: (806)775-2168 FAX: (806)775-2164 http://purchas ing.c i.I ubbock.tx. us DATE ISSUED: OLD CLOSE DATE: NEW CLOSE DATE: ITB# 08-720-DD, Addendum # I ADDENDUM # 1 ITB # 08-720-DD Lubbock Preston Smith International Airport Upgrade Flight Information Display System June 6, 2008 June 12, 2008 @ 1:00 P.M. June 17, 2008 *, 1:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Due date and time are CHANGED from June 12, 2008 at 1:00 P.M. to June 17 2008 at 1:00 P.M. 2. Bidders must submit the "REVISED" BID SUBMITTAL FORM, attached. 3. Bidder's attention is invited to the Engineer's Addendum # I, attached. All requests for additional information or clarification must be submitted in writing and directed to: Darlene Doss, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Email to d(t)ss� r-lnvlubb0ck.u5. THANK YOU, CITY OF LUBBOCK Darlene Doss Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the Citv of Lubbock Buyer if anv lan2uaae, requirements, etc.. or anv combinations thereof, inadvertently restricts or limits the requirements stated in this PFB to a sinule Source. Such notification must be submitted in writing and must be received by the Buyer no later than five (5) business days prior to the bid close date. A review of such notifications will be made. s ITR# 08-720-D Dad I ADDENDUM NO.1 TO: All Prospective Bidders/ Plan Holders PROJECT: i'm ft08-720-DD Upgrade Flight Information Display System DATE: 6/4/2008 PSCJob No: 01-2701-07 Attention of all Prospective Bidders/Plan Holders is directed to the following modifications to the referenced Plans and Specifications. This Addendum forms a part of, and shall be attached to the Contract Documents, and modifies the original Bidding Documents dated 5/7/2008 as noted below: This Addendum consists of 2 page(s). I 1. Question/Comment: Does the city have a list of approved DBEs? Response: YcL s, .-;'-,bock W-1) addr- A cepy o; filo "A"Is -J�or--' dul'o- tile inw-dium. )vf��cd (0 Conry% ttttp-,1 JyvwwAot.state.t:x.us/business ONqcpldejaCt.ftm or di(-QQprry.htrn 2. Question/Comment: Does LBB currently use Cat6 for their network? R---spoose- sillcc* tll+,- tlf-t%v 1:11)s llo-Nork, i�; 'a Mfc"Iw;wl:d iwt"ork' dic I'Npe of exi";tirl- cabl'-' wil'i !Int ;-.Jlpathis 3. Question/Comment: If Cat6 was installed in the recent project, who was the provider? 1 4. Question/Comment: What is the intent of Alternate #2? ItfAlt,-irritc .4" I Ili i- AJDS r1b, al: MUS IXD S ;o"d I'l,"D i"!o"ks v, -C licd 0 to �hc r�-w 1 -1 6WIS will continue to Ot: ci)ntlu'P'�'l !)Y dle oxll--:611e keypads. Owcrwl�'C. tht: ("wED di�'piays ;11td clf)cks "Ird] lum;ilfl oil 11w CKI"'161"" 5. Question/Comment: Is the fiber optic cable and Cat6 network part of the base bid? 11esporr---, Y,-A, zill 1�i1?l-r ;wd 13:7ct'Y"--Uy fi-'r fl;u !1�d di-plw/N 100 tcl I' �T-nlljs ar'- -;'art I 6. Question/Comment: Is a General Contractor license for the State of Texas required? Cilk, ()I ljjbho�-k "I 'if) oot !)'-14-"!- 01al ficc'w"O is fir-tsour aro ollics'-'; tiicrt: wc ror it) tile 7. Question/Comment: Is there any flexibility in the specification for a Windows 2003 server? Specifically, would a Linux or ASP server be allowed if a Windows 2003 interface was made available? TkLr'. vill he tlo .altar.; :111,:111&i-VeN 10 tlW ;'-JeCil4!d 8. Question/Comment: Would the city entertain a postponement of the bid until the week of the 16th? "-!;(i ouol juw� i I "il I PARKHILL, SMITH & COOPER, INC. Engineers - Architects - Planners 4222 85th Street, Lubbock, Texas 79423 Phone (806) 473-2200 Fax (806) 473-3500 Lubbock ElPaso Midland Amarillo Odessa i1 9. Question/Comment: What will be the requirements for patching the marblecrete finish once the wall -mounted displays are removed'? Response The Co'litractor will IV rc;clfllled to t?<itch tt1G i[1:i1'=ti€ C it tb $tilt*Fi it t(1 €"{ {iti()tli l?r re the i xt [ ttf; 1DS (noilitors :Ii ia:Il'loveE.t. 'N tC11 9 the exi tli'I„ fini-sh as 'c )sL a's possi1=le. %.= roconli""ctld If- kallize tt:te �S.7C�1?l '.'Ilow pages to find companies that : pecializu in this tYpe of work.. 10. Question/Comment: Will the Contractor be required to provide a rack, panel, etc, for mounting the switch and other equipment in the two electrical rooms on the main level'? 1'_i xpoi sc: i` 4, the C'mtractoc Jiall i)roviai ` a cabinc;t or c"ack size-il and t -' Sigil<°tl to niolliil. SA?C.cificd equix)iacilt.. I`l,ie Ciu,.ltractor may tail.ize 'wiv 01X7 a spa,"(,, Col. ItlS ''llEliliBllwtTi,;ll'ti .yl'1;ill !lot block or 60struct access {t) ;illy cxisting :;Clti31'Jti?�!1t. 11. Question/Comment: What will be the requirements for repair of the carpet under the display stand to be removed near the screening point? Response: Wil re ;ec:cs-vu.y, ilu 'Conti-it-io' i11 lit=Cf(ni[`= cl to pv==tit t.11e clr;ret ix=itt, C< i 't scz, iie4 providold by the Owner. 12. Question/Comment: Who are local subcontractors that could assist with the FIDS display stands? Re-spolise: We reco7ai rend the Co;lrract€xc utilirt; the local ycll()w pazles to find c)r7 p %a} : that tipecla?' c: in =ltis t:ypc of work. 1.3. Question/Comment: Who are local subcontractors that could assist with the electrical and communications portions of the project? 1dtslponsx: We 1"i`conin-leni: II)c 11"o itrat_-tow utli'.x.c die local t'!Iow paucs to tAid cf)?:€�1anies €slat .`,pi!cializc 'ir i. )"s tepi (A work. END OF ADDENDUM NO. t Respectfully submitted, PA1M,1,ff SMITH & O R, INC. 13y. C..> _ �� Receipt of this addendum shall be acknowledged by the Bidder, slow and on the bid Proposal. This entire addentlunt, or a copy thereof, shall be attached to the bid Proposal submitted. ACKNOWLEDGED: By PARKHILL, SMITH & COOPER, INC. Engineers • Architects • Planners 4222 85th Street, Lubbock, Texas 79423 Phone (806) 473-2200 Fax (806) 473-3500 Lubbock ElPaso Midland Amarillo Odessa "REVISED" BID SUBMITTAL LUMP SUM BID CONTRACT '? g DATE: PROJECT NUMBER: ITB# 08-720-DD - LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT UPGRADE FLIGHT INFORMATION DISPLAY SYSTEM Bid of (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 a LUBBOCK PRESTON SMITH INTRNATIONAL AIRPORT UPGRADE FI,IGHT INFORMATI.ON DISPLAY SYSTEM, 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. Construct "Airport Flight Information Display System" per plans and specifications. MATERIALS: SERVICES TOTAL BASE BID: ($ ) (Amount shall be shown in both words and numerals. In case ordiscrepancy, the amount shown in words shall govern.) TOTAL ADDITIVE OPTION #1 Failover System, including Server, Software and other equipment necessary to provide automatic switching to tailover server, including all wiring, hardware, labor and programming to connect to system installed under Base Bid, complete in place per lump SUM. MATERIALS: ($ SERVICES ($ TOTAL ADDITIVE OPTION # 1: _ _($ - ------ --) (Aniount shall he shown in both words and numerals. In ease ordiscrepanc3, the amount shown in words shall govern.) Bidder's Initials TOTAL ADDITIVE OPTION #2 Connection of existing LED Displays, Clocks and Keypads to new FIDS system, including all wiring, hardware, labor and programming to connect to system installed under Base Bid, complete in place per lump sum. MATERIALS: ($ ) SERVICES ($ ) TOTAL ADDITIVE OPTION #2: ($ (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shalt govern.) TOTAL ADDITIVE OPTION #3 Taxi -Cab Display Installation, including installing fiber optic cable, media converter, patch panel, 32" Outdoor LCD Display, DDC Computer and all other hardware and labor to connect to system installed under Base Bid, complete in place per lump sum. MATERIALS: SERVICES TOTAL ADDITIVE OPTION #3: ($ (Amount shall he shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) TOTAL ADDITIVE OPTION #4 Visual Paging Software, including all labor and programming to configure software and system, complete in place per lump sum. MATERIALS: SERVICES �($ ($ TOTAL ADDITIVE OPTION #4: ($ (Amount shall be shown in both words and numerals. In case of (liscrepancy, the amount shown in words shall govern.) Bidder's Initials TOTAL ADDITIVE OPTION #5 Web Integration Software and System Monitoring Software, including all labor and programming to configure software and system, complete in place per lump sum. MATERIALS: ($ SERVICES ($ ; TOTAL ADDITIVE OPTION #5: (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown inwards shall govern.) TOTAL ADDITIVE OPTION #6 Additional 40" Display and DDC of same model and type provided under Base Bid, complete in place per lump sum. MATERIALS: SERVICES TOTAL ADDITIVE OPTION #6: ($ (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shoo n in words shall govern.) TOTAL ADDITIVE OPTION #7 Additional 2 Year Service Agreement on complete system beyond Base Bid I year Service Agreement, complete in place per lump sum. MATERIALS: SERVICES_ TOTAL ADDITIVE OPTION #7: (.%mount shall be shown in both words and numerals. In case or discrepancy, the amount shown in words shall govern.) Bidder's Initials I TOTAL ADDITIVE OPTION #8 Provide and Install Workstation in the Airport Administration Office, same as installed in Airline Spaces, including cabling, software licenses, and all labor for complete installation, complete in place per lump sum. MATERIALS: SERVICES TOTAL ADDITIVE OPTION #8: ($ ) (Amount shell be shown in both words and numerals. In case of Discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within ONE HUNDRED TWENTY (120) CALENDAR DAYS thereafter as stipulated in the specifications and other contract documents. Bidder further agrees to achieve FINAL COMPLETION within THIRTY (30) CALENDAR DAYS AFTER SUBSTANTIAL COMPLETION. Bidder hereby further agrees to pay to Owner as liquidated damages the sum $800 (EIGHT HUNDRED) PER DAY in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of SIXTY (60) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Dollars which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the .i 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's Initials Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID Sl B11ITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date Date: Authorized Signature (Printed or Typed Name) Company Address City, County State Zip Code Telephone: - Fax: - FEDERAL TAX ID or SOCIAL SECURITY No. MAVRE Firni: Woman Black American Native American IiiS anicAmerican Asian PaciticAmerican Other(S ceif.) CITY OF LUBBOCK SPECIFICATIONS FOR LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT UPGRADE FLIGHT INFORMATION DISPLAY SYSTEM ITB #08-720-DD Contract # 8481 Plans & Specifications may be obtained from THE REPRODUCTION COMPANY http://pr. thereproducti oncompan,/. com/ Phone: (806) 763-7770 "A City of Planned Progress " CITY OF LUBBOCK Lubbock, Texas r PAGE INTENTIONALLY LEFT BLANK ,i CITY OF LUBBOCK r-� INVITATION TO BID a _.a FOR TITLE: LUBBOCK PRESTON SMITH INTERNATION AIRPORT UPGRADE FLIGHT INFORMATION DISPLAY SYSTEM I.. ADDRESS: LUBBOCK, TEXAS �ID BID NUMBER: ITB-08-720—DD t ACCOUNT NUMBER: 91110.9302.20000 l CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE H a PAGE INTENTIONALLY LEFT BLANK Public Works Contracting Office Contractor Checklist for ITS # 08-720-DD IBefore submitting your bid, please ensure you have completed the following: 1. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. Amounts shall be written in both words and numerals and in the event of a discrepancy the amounts written in words shall govern. Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 3. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 4. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 5. Complete and sign the Disadvantaged Business Enterprise Utilization form. 6. Complete and sign the Disadvantaged Business Enterprise Letter of Intent. 7. Complete the Disadvantage Business Enterprise Bidder's list. 8. Complete the Equal Employment Opportunity Employee Information Report. 9. Complete and sign the Buy American Certification. 10. Read and sign the Davis- Bacon Certification of Eligibility. 11. Read and sign the Nonsegregated Facilities Certification. 12. Read and sign the Trade Restriction clause. 13. Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 14. Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. 15. Ensure your bid is RECEIVED by the City of Lubbock Public Works Contracting Office prior to the deadline. Late bids will not be accepted. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. (Company / Firm Name) 'd t� INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - LUMP SUM 4. INSURANCE REQUIREMENT AFFIDAVIT 5. SAFETY RECORD 6. SUSPENSION AND DEBARMENT CERTIFICATION 7. EEO EMPLOYEE INFORMATION CERTIFICATION 8. BUY AMERICAN CERTIFICATION 9. DAVIS - BACON CERTIF ICATION OF ELIGIBILITY 10. CERTIFICATION OF NONSEGREGATED FACILITIES 11. TRADE RESTRICTION CLAUSE 12. DBE CONTRACTING REQUIREMENT 13. PAYMENT BOND 14. PERFORMANCE BOND 15. CERTIFICATE OF INSURANCE 16. WORKMAN'S COMPENSATION COVERAGE CHECKLIST 17. CONTRACT 18. GENERAL CONDITIONS OF THE AGREEMENT 19. DAVIS BACON WAGE DETERMINATIONS 20. FAA MANDATORY CONTRACT PROVISIONS 21. FAA GENERAL PROVISIONS 22. SPECIAL PROVISIONS 23. TECHNICAL SPECIFICATIONS I PAGE INTENTIONALLY LEFT BLANK NOTICE TO BIDDERS PAGE INTENTIONALLY LEFT BLANK r- NOTICE TO BIDDERS ITB #08-720-DD Sealed bids addressed to Darlene Doss, Buyer, City of Lubbock, Texas, will be received in the Public Works Contracting Office, Municipal Building, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 1:00 P.M. on June 12, 2008 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: LUBBOCK PRESTON SMITH INTERNATIONA AIRPORT UPGRADE FLIGHT INFORMATION DISPLAY SYSTEM After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Buyer and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the Public Works Contracting Office at the City of Lubbock, before the expiration of the date above first written. Bids are due at 1:00 P.M. June 12, 2008 and the City of Lubbock City Council will consider the bids on July 10, 2008 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 A 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 May 29, 2008, at 1:00 P.M. in the Blue Room at Lubbock Preston Smith International Airport, Lubbock, Texas Bidders may view the plans and specifications without charge at The Reproduction Company, 2102 Avenue Q, Lubbock, Texas 79405 or at http:!,'pr.thereproductioncompany.comi . 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. Deposit Checks shall be made payable to The City of Lubbock, and will be refunded if documents are returned in good condition within Six 60 AM of the opening of Proposals. 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 Public Works Contracting Office of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vemon'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. t .a The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, it is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the perfonnance of contracts financed in whole or in part with federal funds. All bidders shall make good faith efforts, as defined in Appendix A of 49 CFR a Part 26 to subcontract N/A percent of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE). Details of such requirement are contained in the specifications. The proposed contract is subject to the Buy American provision under Section 9129 of the Aviation Safety and Capacity [I Act of 1990. Details of such requirement are contained in the specifications. The Proposed contract is under and subject to Executive Order 11246 and the Equal Opportunity Clause. The bidder's attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Opportunity Construction Contract Specifications, and the Notice of Requirement of Affirmative Action to Ensure Equal Employment Opportunity set forth in the specifications. The successful bidder will be required to submit a Certification of Nonsegregated Facilities prior to award of the contract and to notify prospective subcontractors of the requirement. The certification is contained in the specifications. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you require special assistance, please contact the -1 Public Works Contracting Office at (806) 775-2168 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK DARLENE DOSS BUYER GENERAL INSTRUCTIONS TO BIDDERS PAGE INTENTIONALLY LEFT BLANK GENERAL INSTRUCTIONS TO BIDDERS BID DELIVERY. TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT UPGRADE FLIGHT INFORMATION DISPLAY SYSTEM per the attached specifications and contract documents. Sealed bids will be received no later 1:00 p.m., June 12, 2008 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB #08-720-DD LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT UPGRADE FLIGHT INFORMATION DISPLAY SYSTEM" 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: Darlene Doss -Buyer City of Lubbock, Public Works Contracting Office 1625 l3th Street, Room 204 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 the bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2 PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held at 1:00 P.M. on Mav 29. 2008 in the Blue Room at Lubbock Preston Smith International Airport, Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. L- 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over s the Internet at http://www.RFPdepot,com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERN ET 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 3 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 http://www.RFPdepot.coni and will become part of the proposal package having the same binding effect w__ as provisions of the original ITB. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE 4 IN 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 r (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 inay 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 �_ a should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 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. i 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, _A shall be given to the Buyer and a clarification obtained before the bids are received, and if no such notice is received by the Buyer prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Buyer before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than ten (1-0) calendar days prior to the opening of bids. BID PREPARATION COSTS _ 5.1 Issuance of this Invitation to Bid (ITB) does not cominit 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. t 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 61 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 I 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 detennined by opinion or order of the Texas Attorney General 1 or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Govermnent 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. i 7 LICENSES PERMITS TAXES 1 The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES 8.1 Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock in regard to this bid. 9.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary bcncfit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All bidders shall be thoroughly familiar with all of the requirements set forth in the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge. The contract documents may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the bidder's responsibility to advise the Buver if anv laneuai!e. reauirements. etc.. or anv combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the 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. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN TEN (10) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Darlene Doss, Buyer City of Lubbock Public Works Contracting Office 1625 13t1i Street, Room 204 Lubbock, Texas 79401 Fax: 806-775-2164 13 110 15 m 17 Email: ddoss cr)mylubbock.us RFPDepot: http://www.RFPdepot.com �4 TIME AND ORDER FOR COMPLETION In 13.1 The construction covered by the contract documents to the requirement of Substantial Completion being met in 120 CALENDAR DAYS; FINAL COMPLETION must be achieved within THIRTY (30) CALENDAR DAYS AFTER SUBSTANTIAL COMPLETION IS MET. 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 detennined 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. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 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. MATERIALS AND WORKMANSHIP l-1 The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. 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 firnlware 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 { i= delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations ;- contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, it's right pertaining to termination or default. 17.4 The warranties contained herein are separate and discrete from any other warranties specified in this f 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 10 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. t 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 1-, date the City issues its certificate of completion to Contractor 20 TEXAS STATE SALES TAX 20.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 19.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. t 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 24 25 26 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. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. INSURANCE 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 hereinatler specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverage's shall be submitted 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 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. 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. 7 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 coininence 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 e 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 ■ City of Lubbock Insurance Requirement Affidavit ■ Safety Record Questionnaire ■ Suspension and Debarment Certification ■ Certification regarding Employee Information Report EEO-1 ■ Buy American Certification i 30 ■ Davis- Bacon Certification of Eligibility ■ Certification of Nonsegregated Facilities ■ Trade Restriction Clause ■ DBE Utilization Form ■ DBE Letter of Intent ■ DBE Bidder's List ■ Bid Bond ■ Background Questionnaire if you have not so in the last 12 months 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 acce2t 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 Lubbock Preston Smith International Airport Upgrade Flight Information Display System 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 BID SUBMITTAL FORM PRIOR TO BID OPENING. ( BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders (b) General Instructions to Bidders (c) Bid Submittal Form (d) Debarment Certification (e) EEO Certification (f) Buy America Certification 1 (g) Davis- Bacon Certification (h) Nonsegregated Facilities Certification (i) Trade Restriction Clause (j) DBE Contracting Requirement (k) Safety record Questionnaire 9, I (1) Statutory Payment and Performance Bonds (m) Insurance Certificates for Prime Contractor and all Subcontractors (n) Contract (o) General Conditions of the Agreement (p) FAA Mandatory Contract Provisions (q) FAA General Provisions (r) Special Provisions (s) Technical Specifications (t) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders 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. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The 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 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) 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) A letter, on the Prime contractor and subcontractor insurer's letterheads, stating the Workman's Compensation Insurance Rating for the Prime and all subcontractors, including any subcontractors added after the contract has been awarded. (f) A sworn statement of the current financial condition of the bidder. (g) Equipment schedule. 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 r 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 i_ 10 33 that serves its best interests. The low bid shall be determined on the price combination of the Total Base 3 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 t-> specifications is primary in detenmining 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- detenmine 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 [J" 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 t contractual obligations set forth in the contract to be executed. 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 1-2 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 t more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51 % of the stock of which is owned by one ore more socially and economically disadvantaged individuals. Socially and economically disadvantaged include Women, Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. 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. 1 Each solicitation for which a contract goal has been established will require the bidders to submit the following information with its bid as a condition of responsiveness: [ _. 1. DBE Utilization form 2. DBE Letter of Intent; 3. DBE Bidder's List 4. If the goal is not met, evidence of good faith efforts 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, littp://purchasing.ci.lubbock.tx.us/vendor.litm . l . t_ .3 The following personnel are responsible for determining whether a bidder who has not met the contract r ? goal has documented sufficient good faith efforts to be regarded as responsive: Persons assigned to U 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) inunediately 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 Certification The DEBLO will submit any request for certification and/or information regarding certification to TxDot. TxDot serves as the regional Unified Certification Program Administrator for Lubbock. For information about the certification process or to apply for certification, firms should contact: Kelly Campbell, Deputy Director Finance and Administration, Upgrade Airport Flight Information Display System (FIDS), Rt. 3 Box 389, Lubbock, Texas 79403, 806/775-3126, kcampbell(u�mail.ei.hibbock.tx.us. € 33.8 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 7"' 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). 33.9 "Recert i ficat ions" 12 34 35 The City will review the eligibility of DBEs that the City might have certified under former part 23, to make sure that they meet the standards of Subpart D of part 26. . In order to comply with requirements � _.1 of re -certification each currently certified DBE the airport works with will be required to comply with the requirements of the UCP. For firms that the City has certified or reviewed and found eligible under part 26, the City will review their eligibility every five years following the date of their certification in accordance with UCP rules and regulations. 33.10 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 bidder's list approach to calculating overall goals. The bidders list will include the name, address, DBE/non-DBE status, age, and annual gross receipts of fines. 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 infonnation 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 theirs on contracts. 33.11 Monitoring Payments to DBEs The City will require prime contractors to maintain records and documents of payments to DBEs for three years following the performance of the contract. These records will be made available for inspection upon request by any authorized representative of the City of Lubbock or DOT. This reporting requirement also extends to any certified DBE subcontractor. The City will keep a running tally of actual payments to DBE firms for work committed to them at the 11 time of contract award. I e 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 q f dollar amounts stated in the schedule of DBE participation. Veteran's Preference The City shall include in all contracts for work on any project funded under the grant agreement which involve. labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only t where the individuals are available and qualified to perform the work to which the employment relates. Confidentialit The City will safeguard from disclosure to third parties information that may reasonably be regarded as r..� 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 t_ 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 i 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 tiled 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. 13 I Notwithstanding any contrary provisions of state or local law, we will not release personal financial information r., submitted in response to the personal net worth requirement to a third party (other than DOT) without the written consent of the submitter. 36 Non Discrimination Clause The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. �—, 37 Prompt Payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory perfonmance 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 Govermnent 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 Goverment Code 2251.022 is attached as Attachment 8 in the Airport's Disadvantaged Business Enterprise Plan. 38 Monitoring and Enforcement Mechanisms The City will bring to the attention of the Department of Transportation any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debannent or Program Fraud and Civil Penalties rules) provided in 26.109. The City also will consider similar action under our own legal authorities, including responsibility determinations in future contracts. The City of Lubbock WILL REQUIRE CERTIFICATION that work contracted with a DBE is actually perfonned by the DBE. We may follow up this certification by conducting on -site evaluations to monitor the performance obligated in the contract. In the event of non-compliance with the DBE regulation by any participant in our procurement activities, the City of Lubbock shall be entitled to pursue any and all remedies allowed by the laws of the State of Texas and the Federal Government. Such remedies may include, but not necessarily be limited to, the following: a. Civil action, in a court appropriate jurisdiction, for breach of the contract. Such damages may be set forth in the contract as predetermined damages, consequential damages arising out of the breach and/or specific performance. b. Criminal prosecution may result from the commission of fraud or other criminal activity on the part of a party to the contract. In the event that a crime is perceived to have occurred, the city may refer the case to the appropriate law enforcement or prosecutorial authority for further action. In such event the city anticipates cooperating with such agency in the investigation and prosecution of a criminal case. 39. ANTI -LOBBYING PROVISION 39.1 DURING THE PERIOD BETWEEN THE BID CLOSE DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL 14 NOT DIRECTLY DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT IN THE COURSE OF CITY- SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS, UNLESS REQUESTED BY THE CITY. 39.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. This policy is intended to create a level playing field for all potential i_ bidders, assure that contract decisions are made in public, and to protect the integrity of the bid process. Violation of this provision may result in rejection of the bidder's bid. 15 BID SUBMITTAL '-REVISED" BID SUBMITTAL k, LUM[l SUAI I31D CON TR.1CT DATE; c-e t�� G.. i j�� �'• PROJECT NUMBER: ITH# 08--20-DD - LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT UPGRADE FLIGHT INFORMATION DISPLAY SYSTEM ]�` Bid of t�si�-fir Lf..S ``� 6i� _� �:�-- ---- - (hereinafter calved Eiicidcri To the klonorable Maxor and City Council Cit. oft-ubbock. Texas (hereinafter called ON%ner') l.,adies a nd gentlemen: The Bidder, in compliance with %our Imitation to Bid flu• the construction of a LUBBOCK PRESTON SMITH I TRNATIONAi. AIRPORT UPGRADE FLIGHT INFORMATiON DISPLAY SYSTEM. haying carefully examined the ,flans. specifications. instructions to Bidders. notice to bidders and all other rclated contract docuntcnts and the site of the intended work. and being ratrtiliar with all of the conditions surrounding the construction of the intended project including the availabilit% of materials and labor. hereby intends to furnish all labor. materials. and supplies and to construct the project in accordance %%ith the plans, specifications and contract documents. within the time set forth therein and at the price stated below. The price to corer all expense~ incurred in performing the work required under the contract documents. Construct -Airport Flight Information DisplaN SN stem" per plans and specifications. MATERIALS: SERVICk:;S� (S-� . a;7 c:") C j u~��,�I TOT!�L BASE i311)f�t-'_c ' fl �x a, _ --lv- t.�mount shall he shostn in both words and numerals. In case o fs. epa c�. the amount shorn in nerds shall govern.) TOTAL ADDITIVE•' OPTION #1 l:ailover Se stem. including Server. Software and other equipment necessarl to provide automatic switching to failo%cr server. includint_T all wiring. hardy arc. labor and programming to connect to s%stem installed under Base [aid. complete in place per lump suns. SFR1:'1cF.S r-,,Aj E•#t; zt 701ALADl)i FIV1. l (A"!1�;` 4 .�-iI✓�l) t 4mount ~hall h: hm,n tc hnth %f,.r6 and nutncsnh. In vv4w of •f, tt r on. .h ::c : ;t :z+, ,;> .641 y w _ -.... _ fifddc r > Initials TOTAL ADDITIVE OPTION #? p Connection o existing LEI) Displa%s. Clues and hc� pads to next FIDS s\Steil i. including all moving. harrw-are. labor a: d proaranurin,_� to :onnec: to s%stem installed under Base Bid. complete in place per laanp cum. "1:1TLRIAL.S: SFR%'ICES_._._ _ F� �� iZ :. E .% _ :t: F b ='` I is TOTAI_ ADDITII E t _ --• I .�'t�c.._ (° =f,r'r„�, a Ii: s h�` n.l i` j tAnrounrAnil be shown in both words and numerals, in case of disc r1fiaocp, tht amount shown in words shall govern.) TOTAL ADDITIVE OPTION #3 Taxi -Cab DisplaN Installation. including insuPin<_> fiber optic cable. media con crter, hatch panel. 312' Outdoor L.CD Display. DDC Contputer.utd all other hardware and labor to connect to system installed under [lase Bid. complete in place per AImp surr.. �G NIATE.RIALS: (5 n j SERVICES na OPTION. 3: (Amount shalt he shorn in both itor(s and numerals. lit case ordiscrepanc!, the awn in words shall got ern.) TOTAL ADDITIVE OPTION #4 Visual Paariniz Sofrwar ;. including till labor and programming to configure sully are .ind sy°stcm. compietc if-, place- per lump stun. 5 ER\ ICES i : f L- t � (-{.. r� i� > i' f�- (S fir-' C _) TOTAL ADDF IV U lmeunt %l;all fit- .huk n m hoO ,.I is and rumtr,si, In caw ui fiicrrrpen, +. the :+ltt,lun*-Jviv%ii m -A, ro\ kii;Jt vi crn.i WtW L'IAIt !r ; Iririal. 'rOTAIL.ADDITIVE OPTION #5 Web lritcrrarion Soft rare and System %I ovitorin!: Soft%% are. inc,ud ine all iabor and programming to configure software and s, stein. complete in place per lump sum. \,l;%TFR I A I -S: SEIts- I C E-S TOTAL ADDITIVE 6 OPTION "5- (.Amount litill be %himn in both words anti numerals. In cAsr ofdiscrvpaoc�. the am-ount Ojown in words shall govern.) TOTAL ADDFU VE OPTION M6 Additional 40" DisplaN and DDC of'same model and t\pc prodded under Base Bid, complete in place per iurnp sum.. d� Ct-cj V-C.Ar��o FsNIATFRIALS: r S.ERVICF-.9 ('s TOTAL ADDITIVE $LAO. 0PTI(.)N-'-#6: (Amount shall be Amin in both words and numerals. In cast of discrepancy, the amount huwa in words shall povera.i TOTAL ADDITIVE OPTION #7 Additional 2 Year Scm-ice A�reenient on complete sNsteni be%ond Base Bid I %,car ServiceAgreement. complete in place per luni cam. MATERIALS:fS L > SLRN'IC-ES 10TAL ADDITIVE PT 10 N , (kimount Shall he shown in 1--tth wards and nommil:.. In ea%c affli%, "r-,tow: I hf ant.) It P. IJhult -.1 in V-twd' —Al gut rru.- Bidder's Initials TOTAL ADDITiVE OPTION 48 Provide and Install W-orkstalion in the Airport Administration Office. aroz as installed in airline Space;, irclud,'M cablinz. toflmare licenses. and all labor tar complete installation. complete in place per lump sum. .M:1TLRl:1l.,5: SERVICES_ f w �� j t-V"Lim TOT.0 ADDi'mVE _ C ) OPTION ;A: c%inount+hal(bt show in both Hord% and nnmrralt. to arse ordisrrrpancy. the anwunt shmnt in Words shall aw ern.) Bidder hereh, agrees to commence the ikork on the above project on a date to be specified in it writtert "Notice to Proceed" of the Oxener and to substantially complete the project "ithin ONE HUNDRED hiENTY (120) CALENDAR DAVS thereafter as stipulated in the specifications and other contract documents. Bidder further agrees to achieve FINAL COfHPLETIONI within THIRTY30) CALENDAR DAYS AFTER SL;I3STAN'TI:1L COMPLETION. Bidder here[)%- further agrees to pal to 0%%ner as liquidated damages the sum S800 (.EIGHT II I NDRED) PER DAY in excess of the time set forth herein above for completion of this project. all as more fully set Borth in the -eneral conditions ofthe contract documents. Bidder understands and agrees that this bid submittal shall he completed and submitted in accordance NN ith instruction number 28 of the General Instructions to Bidders. Bidder understands that the ONNner reserkes the right to reject am or all bids and to Naive any fonnalit-, in the biddin.c. The Bidder agrees that this bid shall be good and ma% not b,:.\ ithdra« n tctr a period ol' SIXTY (60) calendar day s after the scheduled closing_, time fbr receivinc bids. The undersigned Bidder lierebv declares that he has visited the site of the murk and has careftilh examined the plans. specifications and contract documents pertaining to the Mork co\erCd bx this bid. and he further a_�rees to commence work on or before the date specified in the «ritten notice to proceed. and to suhstantialli complete tile \%ork on Miich he hats bid: as provided in the contract documents. Bidders are required. \\hether or riot a paxtnent or 1lerlin-niance bond is required. to submit a cashier's checl, or cerrified check: i:tsucd �) a hank satisCa tor\ to the Cite of Lubbock. or a bits bond from a reliable surety compam. pa,ahlc nitliout recourse to the Corder of the C"it\ 01` [.uhh(lek in art anicuuu not less than Fxe percent (51,-, ) of the total amount of the bid submitted as a sIuarantee that hidder «ill enter into a contract. nbrain all required insurance policies. and cxc ut_ al nccessar\ bonds (if required) within ten (l0) business dais after notice of ay.ard of the contract t0 hint. I•.:rlclosetl vAith. ois hid is a Cashier's Check or Certified heck for o. .� _ .,.._� � •�.._,1, __.. -_�.-tom. . i)uilttrs C l ` -;r'or a Bid Bond in the sum of �_ ,— DollArs which it is nareed shall be collected and retained bN the Owner as liquittuted damages in the eNent the bid is accepletl tat' the Om ner and the undersigned fails to execute the necessal-I contract documents, insurance certificates, and the required bond (if and) with the Owner within ten (10) business days after the date or receipt of written notification of acceptance of said hid; otherwise, said check or- band shirll he returned to [fie ondereioned moon demand. Bidders initial; Bidder understands and affees that the contract to be executed b, Bidder shall be hound and include all contract documents made available to him for his inspection in accordance %� ith the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a). a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THFREF'ORE, ANY CORRECTIONS TO THE BID PRICE j MUST BE 'MADE ON THE BID SUBMITTAL FORM PRIOR i TO BID OPENING. (Seal ifOdder is a Cu ation S !a- ffiddznckno'N�,ledges receipt of the follo«ing addenda: Addenda No. _Date. , '6 Addenda No. _ Date Addenda No. Date____ Addenda No. Date Dattee-�(��%ltitG �X•t.lKl �f'y 7`i • 1..�� Authorized Signature Kafltlien �. Caha _ ( Printed or F. ped Name) Fh0S—r--�l`1C. Company — /aiq _ems, #ell, X1Oatl� Addre}s Citt. Cuuutr _ldowttl State Lip Code Telephone: �Q,�--300if Fax: FEDERAL TAX ID or SOCIAL SECURITY -No. NIAVBF Firm: V k3 oman-0Wn,64 Black American I I\ati%e Hispanic Amoriean Asian Pacific American I I Other( I 06/14/2608 03:45 9024227166 ALPINE SYSTEMS INC CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal PAGE 02 I, the undersigned Bidder, certify that the Insurance requirements contained in this bid document have been reviewed by me with the below identified In=ance 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, finish a valid insurance certificate to the City meeting ail of the requirements defined in this Invitation to Bid. C& - 0i au- k 1 if -&& Contractor (Signaww) Contractor (Print) CONTRAMRIS FIRM NAME: fl� '�"' t d - (Pri or Type) CONTRACTOR'S FIRM ADDRESS: /02# Dam, #t�z -epa Name of Agent tWoker: /1 i— r� 1 tLi 1 I"1 Cl.r I� 1 �f✓trS rG L r-- —r-- Agent / Brolli er (Signature) Address of AgentlBroker City/State/Zip; 57fi / Aptit/Broker Telephone Number 000 NOTE TO CONTRACTOR If the time requirement specilIod above b not met, the City hay the right to reject this bid and award the contract to another contractor. if you have any questlow concerning these requirements, please contact the 13uyvr for the Cite of Lubbock at (BOb) 77S-21% ITO #48.720-DD - Lubbock Pmston Smith Inwmational Airport UpErede Flight Information Display System I I SAFETY RECORD QUESTIONNAIRE (N9ust Be Submitted With Bid Submittal) The City of Lubbock City Council desires to avail itself of the benefits of Section 2',2.0435 of the Local Government Code. and consider the safety records of potential contractors prior to awarding bids on Cite contracts. Pursuant to Section '510435 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 safes record of a bidder for this consideration shall be: The Cin of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider am incidence invotvin,t worker safety. or safety of the citizens of the C itc of Lubbock. be it related or caused bv_ environmental, mechanical, operational. supervision or any other cause or factor. Speciticalty, the City may consider, among other things: a. Complaints to, or final orders entered by. the Occupational Safety and Health Reviety Commission (OSI IRC). against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) frorn an Environmental Protection Agency (as defined belox%) for v iolations 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 14 ildlife Service (IJSF%k'S). the Environmental Protection Agenc) (EPA.), the Texas Commission on Environmental Quality (TC'EQ). the Texas Nrtttiral Resource Conservation Commission (NRCC) (predecessor to the TCEQ). the texas Department of State Health Services (DSHS), the 'texas Parks and Wildlife Department ("I'PW'D). the Structural Pest Control Board (SPCB). agencies of local governments responsible for enforcing env ironmental 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. tines assessed. pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders. and judicial final judgments. Convictions of a criminal offense within the past ten (10) years. which resulted in bodily harm or death. Any ether 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 goads required b% the bid documents in a safe environment, both for the xyorkers and other eulployees of bidder and the citizens of the Cite 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 fallowing three (3) questions and submit them with their bids: QUESTION ONE Has the bidder. or the firm. corporation. partnership. or institution represented hx the bidder. or anyone acting for such firan, corporation. partnership or institution, receive citations for violations of QSI IA \N ithin the past three (3) years? YES No i3 the hiddei >'u v, 1ndlca;cd ES cur question nwiih r otic abOVQ. the bidder rllUSt woti ide to CM of Lu'Ibock. A%ith i-i bid 141btnissian, she lollo"ing ill fUrination with ro pzct to each such citation: Datc of offense, locdlion of et�tablishmcnt inspected. c:itepor of of , nse. final d:,.po.ition of oftensc. if am. and penult a55c;SSCCI. t _ _. Bidders Initiats QUESTION TWO Has the bidder. or the firm. corporation. parmership. or ir.sti.tution represented by the bidder. or am one actin, ,or such tint.. corporation. partnership or institution. recened citations for %lolations of en%irownentai protection ia%+s or regulations. ofam kind o t�pc. within the past live Vicars? Citation_ include notice of : io latior- rotic_ of en(bi-cement.: u_pension revocations rfsrate --ir folerd' licenses, or registrations. fines assessed. Fending. criminal complaints. indictments. or com iction, ;idministrati%e orders, drib order:. final orders. and udicial final iudzments. YES NO �/ If the bidder has indicated YES for question number it%o above. the bidder inust prc.viae to Cin_ of Lubbock. v%ith its bid submission, the follo%%ing information «ith respect to each such conx iction: Date of offense or occurrence. location n here offense occurred. n pe of offense. final disposition of offense. if any. and penult. assessed. QUESTION THREE 1fas the bidder. or the Iir►n. corporation.. partnership, or institution represented b% bidder. or an%one acting for such corporaition, partnership. or institution. ever been cons icted. %% ithin the past ten (10 ) } ears. of a criminal ottense whicin rLsulted in serious bodily injun or death? YES N0� If the bidder has indicated YES for question number three abo%e. the bidder must pro%ide to Cin ofl.,ubbeck. %%ith its b= Submission, the folio%ling information %%ith respect to each such eon%i,:tion: Date of offense. location %%here offense occurred. t%pe of offense. final disposition of o('fen;e, in am, and penttin assessed. AC:h\OW1 EDGEME' T THE STATE OF TEXAS COUNTY OF LUBBOCK t certify that I have made no %%illflul misrepresentations in this Questionnaire nor have I %,,idnheid information in r;,% statements and ansv rs to questions. I aun a%%arc that the information ti%etn by me in this questionnaire %%il! be in%esrieated, %%ith m} li[Il permission. and that an misrepresentatiOns or omissions ma} catr�e mi bid to be rejected. ov, 6�-� Si�7nawr� SUSPENSION AND DEBARMENT CERTIFICATION Federal Lave (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 certifi. that your organization and its principals are not suspended or debarred by a Federal agency,y, 1. the undersigned agent for the firm named below. certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: ql ime, C'�tS,_ C• - _�_ FEDERAL TAX ID or SOCIAL SECURITY No. 0•303��G Signature of Company Official:___ A & ,itJ_i _ Printed name of company official signing above: kQ _ %7 C'n e Date Signed:_____�._� N CERTIFICATION REGARDING EMPLOYEE INFORMATION REPORT EEO-1 (Standard Form 100) Section 60-1.7 (b) of the Regulations of the Secretary of Labor requires each bidder or prospective prime contractor and proposed subcontractor, where appropriate. to state in the bid or at the outset of negotiations for the contract whether it has participated in any previous contract subject to the equal opportunitv clause; and if so, whether it has filed with the Joint Reporting Committee. the Director. an a2encv. or the. former President's Committee on Equal Employment Opportunitz- all reports due under the applicable tiling requirements. In any case in which a bidder or prospective prime contractor or proposed subcontractor which participated in a previous contract subject to Executive Order 10925. 11114. or 11246 has not filed a report due under the applicable filing documents. no contract or subcontract shall be awarded unless such contractor submits a report covering the delinquent period or such other period specified by the FAA or the Director. OFCCP. Bid Form. To effectuate the foregoing requirements, the sponsor is requu-ed to include in the bid form a statement substantially as follows: The bidder shalt complete the following statement by checking the appropriate space. The bidder (proposer) has has not "V participated in a previous contract subject to the equal opportunity clause prescribed by Executive Order t09215. or Executive Order t I I t4, or Executive Order 11246. The bidder has __ has not /submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representlrtions indicating submission of'required compliance reports signed by proposed subcontractors will be obtained prior to award of subcontracts. If the bidder has participated in a previous contract subject to the equal opportunity clause and. has not submitted compliance reports due under applicable filing requirements,. the i3idder shall submit a compliance report on Standard Form 100. "Employee Information Report EEO- 1" prior to the award of contract. Standard Form 100 is normally furnished contractors annually. based on a mailing list cui-rently maintained by the Joint Reporting Committee. In the event a contractor has not + received the form. he may obtain it by writina to the following* address: Joint Reporting Committee 1900 G. Street Washington. DC 20506 r- BUY AMERICAN PREFERENCES (a) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel s and manufactured products produced in the united States «hen funds are expended pursuant to a grant issued under the Airport Improvement Program. The fallo«'ing terms apply: 1. Steel and manufactured products. As used in this clause. steel and manufactured products include (I) 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. ( l) 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 assemble labor cost. } (b) The successful bidder kill be required to assure that only domestic steel and manufactured products ' will be used by the Contractor. subcontractor, materialmen and suppliers in the performance of this �- ro contract. except those: I. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States is sufficient and reasonably available quantities and of a satisfhctori qualit% { 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 x ith the public interest: or 3. that inclusion of dotrtestic material %N ill increase the cost of the overall pro eel contract by more than 25 percent. f " BUY AMERICAN CERTIFICATE By submitting a bid under this solicitation, except for those items listed by the bidder below or on a separate and clearly identified attachment to this bid, the bidder certifies that steel and each manufactured product, are produced in the United States, as defined in the clause (Buy American — Steel and Manufactured Products for Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. Offerors may obtain from the ovmer a listing of articles, materials and supplies excepted from this provision. Product COMPANY NAME_. ��.�._ i�s♦115� _ _._ fFEDFR.AI- TAA ID OR SOCTAI. SEcI.,'-RITY \O. ©303.52G & Signature or Company Official: i'rinted name of company official signing above: Date Signed: DAVIS-BACON CERTIFICATION OF ELIGIBILITY" t. By entering into this contract. the contractor certifies that neither it mor he or she) nor am person or Curti %kho has an interest in the contractor's firm is a person or firm. ineligible to b: am arded Goy ernment contracts by % irrue, of section 33 (a) of the Davis-Racoll Act or 29 CFR 5.1 _ (a,)( i';. do hart of this contract shall he subcontracted to am person or tirm ineligible for a"ard of a Government contract b\ % irtue of section (a) of the Da% is -Bacon Act or 29 CFR 5, 12. t a (i . ;. The penalty for snaking false statements is prescribed in the L:.S. LrurFinai Codc. 18 U.S.C. 1001. COMPANY NA.-v4F: 4ligine, �tgkes j-m�- FEDERAL T.` ?X it) OR SOCIAL. SECURITY NG. 0�a3524 2oY— Signature or Company Official-. Printed name of company official signing abo%e: dun Date Siened CERTiFICA`TION OF NONSEGREGATED FACILITIES — 41 CFR PART 60-1.8 Notice to Prospective Federal[,,. Assisted Construction CONTRACTORS A Certification of Non -segregated Facilities shall be submitted prior to the award of a federally - assisted construction contract exceeding $10.000 xxhich is not exempt from the provisions of the Equal Opportunity Clause. 2 Contractors receiving federally -assisted construction contract awards exceeding $10.000 which are not exempt frorn the provisions of the Equal Opportunit} Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10.000 and are not exempt from the provisions of the Equal Opportunit% Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Notice to Prospective SUBCONTRACTORS of Requirements for Certification of Non -Segregated Facilities A Certification of Non -segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal opportunity Clause. Contractors receiving subcontract awards exceeding $10.000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the fora%arding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10.000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty- for making false statements in offers is prescribed in 18 U.S.C. 1001. CER1 IFICATiON OF NONSEGREGATED FACILITIES The federally -assisted construction contractor certifies that she or he does not maintain or provide, for his employees. any segregated facilities at any of his establishments and that she or he does not permit his employees to perform their services at any location. under his control. where segregated facilities are maintained. The federally -assisted construction contractor certifies that she or lie will not maintain or provide; for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform their services at -any location under his control where segregated facilities are maintained. The federally -assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities'' means any waiting rooms. work areas. restrooms, and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas. parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are. in fact, segregated on the basis of race, color. religion, or national origin because of habit. local custom. or any other reason. The federally - assisted construction contractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10.000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will retain such certifications in his files. COMPANY NAME: int FEDERAL TAX iD OR SOCIAL SECURITY NO. Signature or Company Of iciaL Printed name of company official signing above: _&Ale ? if Date rigncd: 3&W 4 7-40 f TRADE RESTRICTION CLAUSE The contractor or subcontractor. by submission of an offer and for execution of a contract. certifies that it: a. is not wAned or controlled by one or more citizens of a foreign counm- included in the list of countries that dkeriniinate against U.S, firms published by the Office of the United States Trade Representative (USTR). has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list. or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign countr, on said list: C. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are %vaived by the Secretary of Transportation in accordance with 49 CFR 30.17. no contract shall be awarded to a contractor or subcontractor who is unable to certifi to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country oil said list for use on the project. the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that its certification %vas erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render. in good faith. the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. fhis certification concerns a matter within the jurisdiction of an agency of the Lnitcd States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. COMPANY NAME: _ FEDERAL TAX 11) OR SOCIAL SECLRITY NO. D` Qa- Signature or Company C)tfieial: Printed name of eompam official signing above: r , Date Signed: __i Li DBE CONTRACTING REQUIREMENT IREMENT ADD FORMS Instructions to Bidders Part A provides information about the requirement. Part B establishes the Cin of Lubbock's goal for DBE participation for this prime contract and provides the basis for the bidder to demonstrate ho4\ the goal �\ ill be met. • DBE Utilization form — indicates if bidder intends to meet the City's DBE- participation goal or not. If not, then the bidder is required to demonstrate what good faith efforts were used in setting a goal. • Bidden, list provides a summar% of all subcontractors who hid on the nroiect. • Letter of Intent provides the required information the City needs on the proposed subcontractors that the prime proposes to use on the contract whether the\ are small businesses. minorit-v owned. and %\omen owned. or are certified DBEs. DISADVANTAGED BUSINESS ENTERPRISE CONTRACT PROVISIONS (49 CFR PART 26) PART A Poliev. It is the polio" of the Department of Transportation (DOT) that di,adwantaged business enterprises as defined in -19 CFR Part 26 shall have the niaximuin opportunit} to participate in the performance of contracts financed in %%hole or in part %%ith Federal funds under this agreement. Consequenth. the DBE requirements of .49 CFR Part 26 apply to this agreement. i1iiF (lhliati�n. The contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR 26 have the maximum opportunity to participate in the performance of contracts and subcontracts I inanced in whole or in part with Federal funds provided under this agreement. In this regard all contractors shall take all tiecessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disad%antaged business enterprise; have the maximurn opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race. color. national origin or sex in the anard and perfonnancc of DOT -assisted contracts. Con Lfiance_ All bidders. potential Contractor-, or subcontractors for this DOT -assisted contract are hereby notified that failure to carry out the DOT policy and the obligation. as set forth above.. shall constitute a breach ofcontract v%hich ma} result in tennination of tile contract or such other remcd% as deemed appropriate by the o%%ner. Subcontract Clauses. All bidders and potential contractors hereby assure that then v%ill include the above clauses in all subcontracts %which offers linrther subcuntractinr opportunities. Prompt F'9y ment: 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 recci%es from the recipient. The prime contractor agrees further to return retainage payments to each subcontractor %%ithin 30 days !tltcr the subcontractor's work is satitifuctoril%" completed. An} delay or postponement of pay meet from the above referenced time frame may occur onl% for good cause tollo%vinr written approval of the recipient. This clause applies to both DBE and non -DBE subcontractor. PART B It is Further understood and asrecd: The award procedure firr this solicitation %will include the selection criteria ot'49 CFR Part 26 ('i) to ensure that prime contracts are awarded to v:ornpetitors that meet Disadvantaged Business Enterprise (DBE) goals, Notification is here5% 6ii ctt th,.0 DBE _r.oa,s are es abIislied Jor this prirncl.ontract. 1-he oai for firms .)%%ned :Ind C-ntrulled bi s ` Ntlly StnC! Ce. nf•!1!rb:ar i['ti'rLl%:Uils!!'tLt 1?1(214irltfcis 1� ._._�_ lip r�:I?i iif the dollar value -:f this contract. As a matter of RE'SPONSiVi-NF.SS to the Cit%'s Ilid submittal process. each bidder shall submit. along w ith their bid. the nantes and addressi_s of the DBE firms that %%ill participate in the contract alon(T %%ith a description of the %vork to be perl'ormed hr each named firm and the dollar value for each contract t .rnc� nr.rra tt. tilt, afer• of the f1mr..:md tl�e firm'-: anni!al vross rC-eitlts. H the respOnS?S do, not �.iearl% show DBE participation will meet the goals move. the bidder must pro% ode 110CLImentatiorl c1car11- DISADVANTAGED BUSINESS ENTERPRISE UTILIZATION ITB# De- TITLE bvLk- fires �vuf�. �n naii�a� a�rp6r� �r?L e, "The undersigned has satisfied the requirements of the specifications in the following manner (please check th-- appropriate space): Me bidder is committed to minimum of (City of Lubbock's goal) N/A % DBE utilization on this project. ❑ The bidder (if unable to meet the Cit}-'s wal of _% LOBE) is committed to a minimum of 'CIA % DBE utilization on this project and has submitted documentation showing good faith effort. Contractor By 4_e� (Signature) Address 104 ✓eavt. lbd �W ksdewf (Title) Cin, State: �Grih dY[� Zip Code: _6 SI Telephone (including area code): '�0;' 4-22- ,300 e Federal Tax MiSSL: 63 63 ;LA CF LETTER OF INTENT 3 ITB # TITLE Name of Bidders' Firm: �Y Bidder's Address: i -' City: State: Zip: Telephone (with area code): Name of Subcontractor/DBE Firm: Address: ,y City: State Zip: Telephone (including area code): Description of work to be perfornied by DBE firm: .1 e } m ..- Bidder intends to utilize the above -named subcontractor/DBE firm for the work described above. The estimated amount of work is valued at $ If the above -named bidder is not determined to be the successful bidder, the Letter of Intent shall be null and void. Complete and submit this form for each subcontractor you propose to use on this project: (Copy this page for each subcontractor)/DBE firm) Contractor: Date: 9 PAGE INTENTIONALLY LEFT BLANK J L BIDDERS LIST ITB # TITLE: All firms bidding or quoting on subcontracts for this DOT -assisted project are listed below. Certified DBE Age of * Firm Name Address (y or N) Firm CRS Note: This form is not necessary if the recipient establishes a bidders list using another methodology (e.g., statistically sound survey of firms, widely disseminated request of firms to report information to the recipient, etc.) as defined in the recipient's DBE plan. *GRS — Annual Gross Receipts Enter 1 for less than $1 million Enter 2 for more than $1 million, less than $5 million Enter 3 for more than $5 million, less than $10 million Enter 4 for more than $10 million, less than $15 million Enter 5 for more than $15 million. PAGE INTENTIONALLY LEFT BLANK PAYMENT BOND PAGE INTENTIONALLY LEFT BLANK STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) Bond No. 105032430 KNOW ALL MEN BY THESE PRESENTS., that Alpine Systems Inc. (hereinafter called the Principal(s), as Principal(s) and Travelers Casualty and Surety Company of America One Tower Sluare, Hartford, CT 06183-6014 (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of *k Dollars ($128,558.00) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, J _ executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the loth day of J July ,20 08 ,to construct ITB #08-720-DD-Lubbock Preston Smith International Airport Upgrade Flight Information Display System ,---------------------------------------- **One-Hundred-Twenty-Eight-Thousand-Five-Hundred-Fifty-Eight Dollars and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which .contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay _. all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 23rd day of July 2008 TRAVELERS CASUALTY AND SURETY _...___. COMPANY OF AMERICA ALPINE SYSTEMS INC. Surety Michael T. Walsh By:Attorney-in-Fact (Title) (Company Name) 2 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Howard Cowan an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Surety * By: %,,u �-- (Title) Michael T. Walsh, Attorney -in -Fact Approved as to form: City of Lubbock 17 By: s Ci Attorney j * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by. -laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. PERFORMANCE BOND PAGE INTENTIONALLY LEFT BLANK STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) Bond No. 105032430 Alpine Systems Inc. KNOW ALL MEN BY THESE PRESENTS, that / (hereinafter called the Principal(s),.as Principal(s), and Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183-6014 (hereinafter called the Surety(s), as Surety(s), are held and. firmly bound unto the City of Lubbock (hereinafter called the - Obligee), in the amount of ** Dollars ($128, 558.00) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 10thday of July ,2008,to construct ITB #08-720-DD-Lubbock Preston Smith International Airport Upgrade Flight Information Display System,--------------------------------------- **One -Hundred -Twenty -Eight Thousand: -Five:: -Hundred -Fifty -Eight Dollars and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. - _ PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this23rd day of July , 20 08 . TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ALPINE SYSTEMS INC. Surety Michael T. Walsh (Company Name) * By. Attorney -in -Fact (Title) S The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Howard Cowan an agent resident in Lubbock County to whom any requisite notices maybe delivered and on whom service of process may be had in matters arising out of such suretyship. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Surety By - (Title) Michael T. Walsh, Attorney—in—FAct Approved as to Form City of bock y. Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of _ attorney for our files. Lj 3 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED I POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 219232 Certificate No. 002223223 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint L. F. Hackett, R. C. Hulette, Susan H. Roop, L. S. Hackett, Edward L. Austin III, Michael T. Walsh, and Lorraine Cofran of the City of South Burlington , State of Vermont , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of, guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 22nd IN WITNIi§S WHEREOF, the Compaq��S live caused this instrument to be signed and their corporate seals to be hereto affixed, this a day of rr ry UUoo Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company GRSU,�� � SURETy FIRE 4 ARM I NSG ''� 1R3 q ..., JP tY ANO � �Y� or ������pqq,,,ppppppn0n��� ��pe0p�� W�,,�.,� ,f � � _'4� Q�: •.9 fir'�P,...........q 9 a 4 9 C� ""^�vut9t� 7t Z jlLu y ATf m 7 W:'G00.PORATf � s _._ �- a FIARTFORD, a 141FttFOpq'f a %ycF+N�a �95� N9O �ti�o, �`SEALoI �,SHAL::p W ca+x. e 1896 %j....... /•tF bl F,� 1 . `�• •�/ Attj� State of Connecticut City of Hartford ss. By: Georg Thompson, to r ice President 22nd February 2008 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. —' In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. �'0tIB6�G * Marie C. Tetreault, Notary Public =--e 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER , This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Companyof;America,-s. and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by,sa'id"Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said,Companies this 2 3 r d day of JUly 20 08 Kori M. JohansdVAssistant Secretary ."� 1' r TY Ary !pp "'iY YyY p Ay �, JP um O�`ypPPORT t �"°°xy. p�yy�,,* @@�Pr -, QO: • •, q Wf J_ r..........,, �L ": 5 f� [I 6 "'^n'�wVltra � HN Piss 0.PON 7 tJ 4. _ i1..$ 'ICO ry,Tt;ts'� 1W: .GOpPOHAT�::01 NnRTFORD, Jj(N/niRFOPD, t ' o i m CWrN. >` CAW+ 8 in t896 SEAL.: W o \\\ '17' "`man dd>ef•..� :v �1�1f7 To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attomey-In-Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER i CERTIFICATE OF INSURANCE PAGE INTENTIONALLY LEFT BLANK ACORQ CERTIFICATE OF LIABILITY INSURANCE 07/22/2 $' PRODUCER (802)457-4143 FAX (802)457-4169 Hull Maynard Hersey Insurance Services Inc. PO Box 607 Woodstock, VT 05091 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED ALPINE SYSTEMS 1029 DEAN HILL ROAD Building 100 KILLINGTON, VT 05751 INSURERA: Hartford Fire Insurance Co. 19682 INSURERB: The Hartford INSURERC: INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 04SBARX0597 01/26/2008 01/26/2009 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 CLAIMS MADE M OCCUR MED EXP (Any one person) $ 10,000 A PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000 POLICY PROJECT LOC AUTOMOBILE LIABILITY 04SBARX0597 01/26/2008 01/26/2009 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ X ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO E $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY 04SBARX0597 01/26/2008 01/26/2009 EACH OCCURRENCE $ 2,000,000 OCCUR CLAIMS MADE AGGREGATE $ 2,000,000 $ A $ DEDUCTIBLE X RETENTION $ 10 , 00 $ WORKERS COMPENSATION AND 04WECIT3076 07/21/2008 07/21/2009 1 WC STATU- OTH- 481J.ImLT$..ER EMPLOYERS' LIABILITY .. E.L. EACH ACCIDENT $ ZOO , OOO B ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $ 100,000 OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of Lubbock TX is listed as primary additional insured; Waiver of subrogation for the city of Lubbock TX applies in regards to the general liability orkers Compensation, Statutory coverage as provided by the following states: Texas, Vermont City of Lubbock c/o City of Lubbock Public Works Contracting 1625 13th Street Suite 204 Lubbock, TX 79401 1114l1G1_Lfi 1 IVr9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001108) ©ACORD CORPORATION 1988 POLICY NUMBER: 04 SBA RX0597 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON -ORGANIZATION Ln COUNTY OF BROOME 0 u+ ATTN: OFFICE OF RISK & INSURANCE MNGMT w o PO Box 1766 BINGHAMTON, NY 13902-1766 rn N THE CITY OF LUBBOCK ro ITS OFFICERS, AGENTS, AND EMPLOYEES ,°�' WITH RESPECT TO CONTRACT # ITB 08-270-DD C/O CITY OF LUBBOCK PUBLIC WORKS CONTRACTING OFFICE c 1625 13TH ST SUITE 204 c LUBBOCK, TX 79401 0 a 0 Form IH 12 00 1185 T SEQ. NO. 002 Printed in U.S.A. Page 001 Process Date: 07/22/08 Expiration Date: 0 1 / 2 6 / 0 9 UW COPY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGE This endorsement changes the policy effective on the Inception Date of the policy unless another date is indicated below: c Policy Number: 04 SEA RX0597 DW COPY m 0 Named Insured and Mailing Address; ALPINE SYSTEMS c�v 1029 DEAN HILL ROAD r KILLINGTON VT 05751 rn LO Policy Change Effective Date: 07/23/08 Effective hour is the same as stated in the Declarations Page of the Policy. c oPolicy Change Number: 001 Agent Name: HULL MAYNARD HERSEY INS SRVC/PHS Code: 050652 POLICY CHANGES: HARTFORD FIRE INSURANCE COMPANY f= ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT. THIS IS NOT A BILL. NO PREMIUM DUE AS OF POLICY CHANGE EFFECTIVE DATE O FORM NUI4BERS OF ENDORSEMENTS DELETED AT ENDORSEMENT ISSUE: SS 80 01 09 92 SS 80 02 09 92 SS 80 04 09 92 XL02020790 XL21100786 XL21770991 XL24010786 XL24030590 FORM NUMBERS OF ENDORSEMENTS REVISED AT ENDORSEMENT ISSUE: 0 IR12001185 ADDITIONAL INSURED - PERSON -ORGANIZATION MR PRO RATA FACTOR: 0.512 m THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN. m Form SS 12 1104 05 T Process Date: 07/22/00 UW COPY Page 001 (CONTINUED ON NEXT PAGE) Policy Effective Date: 07/23/08 Policy Expiration Date: 01/26/09 POLICY CHANGE (Continued) Policy Number: 04 SBA RX0597 Policy Change Number: 001 FORM NUMBERS OF ENDORSEMENTS ADDED AT ENDORSEMENT ISSUE: SX80010697 SX80020405 SX80040405 SX01170697 SX02020697 SX21040697 SX21050697 SX21100697 SX21610697 SX21771206 SX22951201 SX24010697 Form SS 12 1104 05 T Page 002 Process Date: 07/22/08 Policy Effective Date: 07/23/08 Policy Expiration Date: 01/26/09 REQUIRED WORKERS' COMPENSATION COVERAGE CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days aver 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: 5 REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or pr-oviding services related to this construction project must j (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, o" delivering equipment and materials, o- providing labor o1" transportation or other sel-vice 1-elated 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 fir coverage, to ver! Yvhether }our en! lover has wov decl the required coverage, or' to re )ort an enr to yer" s arhtre to , � .fY .l P� 1 q� b 1 P) �.f� provicle 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; _a (C) include in all contracts to provide services on the project the language in subsection seven (7) of this checklist. (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown. on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; LA r `1 (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 (I -I) contractually require each other person with whom it contracts, to perform as required by i a paragraphs (A) - (H), with the certificate of coverage to be provided to the person for ivhom they fi are providing services. } 6 CONTRACT PAGE INTENTIONALLY LEFT BLANK CONTRACT #8481 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 10`b day of July 2008, 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 ALPINE SYSTEMS, INC. of the City of KILLINGTON, County of RUTLAND and the State of VERMONT hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: ITB # 08-720-DD - Lubbock Preston Smith International Airport Upgrade Flight Information Display System $128,558 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. ALPINE SYSTEMS, INC.'S bid dated JUKE 16, 2008 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. _i IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: CITY OF LUBBOCK, TE S (OWNER): MAYOR ATTEST: 'AD.g�� "� �- /'-� Citv Secrets No Text GENERAL CONDITIONS OF THE AGREEMENT PAGE INTENTIONALLY LEFT BLANK GENERAL CONDITIONS OF THE AGREEMENT 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 ALPINE SYSTEMS, INC. who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative, STEVE NICHOLSON, DEPUTY DIRECTOR — OPERATIONS & SAFETY so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid Submittal Form, Safety record Questionnaire, Debarment certification, Background Questionnaire, EEO certification, Buy American certification, Davis- Bacon certification, Nonsegregated Facilities certification, Trade Restriction clause, DBE Contracting forms, Signed Contract, Statutory Bonds, General Conditions of the Agreement, FAA Mandatory Contract Provisions, FAA General Provisions, Special Provisions, Technical Specifications, Plans, insurance Certificates, Wage Rate Determination and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES u : Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the $ Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performancc 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. VA 9. H 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. 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 1_ 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. 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. 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 loc'ating all work in accordance with the Plans and Specifications. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor, upon written request, shall be furnished ten (10) copies of all plans and specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. I 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 b these contract documents or the bn' r7' p Y completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to pen -nit Contractor to comply with this requirement, but such suspension will be as n brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, it's Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Contractor at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work irscluded 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 j by competent and reasonable representatives of the Contractor is essential to the proper perfonnance 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. 17 is 19. 20 The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all[J modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's - Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. C14ARACTER OF WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. �.- CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution y 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 t I Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its i completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or ' require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or ' not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see tit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or aver 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, t_ .; 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. r t 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 perfonned 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. Incase 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 docs 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 ._1 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 I„ � 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 iIf 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 aj 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. .1 The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverage's shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE, CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, OR IN THE ALTERNATIVE, SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO THE EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE SUBCONTRACTED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. A. f A Q E. F Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000 Combined Single Limit in the aggregate and $1,000,000 per occurrence to include: Products & Completed Operations Hazard AGG Contractual Liability Personal & Adv. Injury Owner's and Contractor's Protective Liability Insurance - NOT REQUIRED Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily injury/Property Damage, $300,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability hired and Non -owned Vehicles. Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED Umbrella Liability Insurance - NOT REQUIRED 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 statut0ty/$500,000 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- i 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 P J g g p J Contractor's/person's work on the project has been completed and accepted by the governmental j entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as foodi'beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 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. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Cornnission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas r-- Labor Code, Section 401.01 1(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 'll 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 1_ (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 q g p J one year thereafter; (t) 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 (a) 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 I whom they are providing services. J 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor �.vlio 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 1 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 thereot) 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 govcrmncntal entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (c) 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 (h) 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 he covered by workers' compensation insurance. This includes persons providing, hanling, 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 Conmrission at 8001372-7713 or 5121804-4000 (http:l/vvvvw.fivec.state.tx.us/twccconiacts.hini to receive information cif the legal reyuirenrents for coverage, to verify whether your employer has provided the required t- coverage, or to report an employer's. failure to provide coverage; "curd i 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 i (�) p g p p p g P Y 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: a "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage.for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll crnrotrnts, 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 athninistrative 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 f? (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; r (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 l0 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on ( the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Co►itracior 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 hannless 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 i__ 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 a 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 1 required in the perfonnance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold pennanently from Contractor's total compensation, the sum of $ 800.00 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 i 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, lire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 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 liereof, 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 perfonnance 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. ) Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express tcnns 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 detennines 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 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 tiling of claims. (c) Damage to another contractor. Whcn the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the arnount withheld, payment shall be made for amounts withheld because of them. -. 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's E 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 cotniection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper { '. having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would ' have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, �.._, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving } of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the pail of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor inay suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms acceptable to the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It 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. r 53. INDEPENDENT CONTRACTOR Contractor is, and shall rernain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in anyway, 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 terniinate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the frill amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 43. 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 IJ 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 r be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the -s 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 l remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety ' shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, a 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 1 " any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other a than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, tp the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The Contractor is required to fiimish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall be submitted on forms acceptable to the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It 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 Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the prernises 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, petroleum products or byproducts and/or asbestos. 56 NONAPPROPRIATION i hydrocarbons or other i 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. a DAVIS BACON WAGE DETERMINATIONS DAVIS BACON WAGE DETERMINATION GENERAL DECISION: TX20080015 04/11/2008 TX15 Date: April 11, 2008 General Decision Number: TX20080015 04/11/2008 Superseded General Decision. Number: TX20070015 State: Texas Construction Type: Building County: Lubbock County in Texas. BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories). (Use current heavy & highway general wage determination for Paving & Utilities Incidental to Building Construction). Modification Number Publication Date 0 02/08/2008 1 03/28/2008 2 04/11/2008 CARP1884-001 07/01/1993 Rates Fringes CARPENTER ........................$ 12.50 2.73 MILLWRIGHT .......................$ 13.00 2.73 ---------------------------------------------------------------- ELEC0602-002 12/01/2007 Rates Fringes ELECTRICIAN ......................$ 18.28 7.36 ---------------------------------------------------------------- PLUM0629-001 06/01/2007 Rates Fringes PLUMBER ..........................$ 18.75 6.50 ---------------------------------------------------------------- * SFTX0669-001 04/01/2008 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) ......................$ 25.30 13.30 ---------------------------------------------------------------- SUTX1992-001 03/16/1992 Rates Fringes Acoustical Ceiling and Drywall Mechanic ................ $ 10.00 .25 BRICKLAYER .......................$ 11.74 GLAZIER ..........................$ 9.50 LABORER: Mason Tender ........... $ 6.25 O LABORER ..........................$ 5.95 to LATHER ...........................$ 11.17 PAINTER ..........................$ 10.50 f PLASTERER ........................$ 11.17 Power equipment operators: Backhoe.....................$ 10.50 .42 .... ROOFER, Including Built Up, Composition and Single Ply Roofs............................$ 9.71 �.... Sheet metal worker (Including �.. duct work) .......................$ 8.80 .69 WELDERS - Receive rate prescribed for the craft performing operation to which welding is incidental. i ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination. matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the surrey was conducted i because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is riot satisfactory, then the process described in 2.) r,. and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Civ.ision U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 f4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION PAGE INTENTIONALLY LEFT BLANK FAA MANDATORY CONTRACT PROVISIONS FAA GENERAL PROVISIONS SPECIAL PROVISIONS TECHNICAL SPECIFICATIONS Specifications City of Lubbock Lubbock Preston Smith International Airport Upgrade Flight Information Display System May 2008 PSC Project #: 01270107 . Parkhill, Smith & Cooper, Inc. Engineers • Architects ■ Planners g" Specitications City of Lubbock Lubbock Preston Smith International Airport Upgrade Flight Information Display System May 2008 PSC Project#: 01270107 0% .. ........................ OANIEL G. WIINCHESTER 65060 .. ............ C E 14 i 9 1. 1 N, i ......... ........... 1. UNI 1. Us. 1. 1. *0 H"I ONAL 11;; Parkhill, rkhill, Smith & Cooper, Inc. I Engineers n Architects a Planners AMNSURINO.M.- TABLE OF CONTENTS DIVISION 0 - BIDDING REQUIREMENTS AND CONTRACT INFORMATION FAA MP FAA Mandatory Contract Provisions................................................................................... 20 GPGeneral Provisions................................................................................................................44 SPSpecial Provisions................................................................................................................ 15 DIVISION 1 - GENERAL REQUIREMENTS 01010 Summary of Work.................................................................................................................. 4 01025 Measurement and Payment..................................................................................................... 3 01027 Applications for Payment.......................................................................................................4 01028 Change Order Procedures....................................................................................................... 3 01039 Coordination and Meetings.................................................................................................... 6 01300 Submittals...............................................................................................................................3 01400 Quality Requirements.............................................................................................................4 01500 Temporary Facilities & Controls............................................................................................ 4 01560 Environmental Protection.......................................................................................................3 01600 Product Requirements............................................................................................................ 3 01650 Starting of Systems................................................................................................................. 2 01700 Execution Requirements......................................................................................................... 4 DIVISIONS 2 - 15 Not Used DIVISION 16 - ELECTRICAL 16000 Basic Electrical Methods........................................................................................................ 4 16111 Conduit...................................................................................................................................5 16123 Wire and Cable....................................................................................................................... 4 16130 Boxes......................................................................................................................................3 16140 Wiring Devices....................................................................................................................... 4 16170 Grounding and Bonding.........................................................................................................3 16180 Equipment Wiring Systems....................................................................................................2 16190 Supporting Devices................................................................................................................ 2 16195 Electrical Identification.......................................................................................................... 2 16441 Enclosed Switches.................................................................................................................. 2 16470 Panelboards............................................................................................................................ 3 16720 Multi -User Flight Information Display System .................................................................... 10 16768 Fiber Optic Communications.................................................................................................. 3 APPENDIX A AC 150/5370-2E — Operation Safety on Airport During Construction 01270107 05/08 TABLE OF CONTENTS PAGE-1 " Lubbock Preston Smith International Airport FIDSBIDS LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT FLIGHT INFORMATION AND BAGGAGE INFORMATION DISPLAY SYSTEM UPGRADE BIDDER REQUIREMENTS The bidder will be required to be the provider for the Multi -User Flight Information and Baggage Information Display System (MUFIDS). The bidder will be required to be the vendor of the MUFIDS software and the installer of the complete system, using the MUFIDS' providers own employees. Electrical work requiring a licensed electrician may be installed by a sub -contractor to the MUFIDS provider. The MUNDS provider/installer shall have been the prime contractor, providine and installing their system, in at least 4 airports within the past 5 years. The bidder shall submit the list of airports and contacts at each airport with their bid. 01270107 BIDDER REQUIREMENTS BR- 1 05/08 FAA MANDATORY CONTRACT PROVISIONS AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 - GENERAL CIVIL RIGHTS PROVISIONS The contractor assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the aforementioned criteria and requirements. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART 5 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic FAA MP - 1 e receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph I above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. 4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. CERTIFICATION REGARDING DEBAREMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. TERMINATION OF CONTRACT a. The Sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. „ FAA MP - 2 b. If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the contractor's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the Sponsor for any additional cost occasioned to the Sponsor ` thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause. The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS - 41 CFR Part 60.4.3 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals FAA MP - 3 for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer "either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6. In order for the non -working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the FAA MP - 4 contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor - has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other FAA MP-5 contractors and subcontractors with whom the contractor does or anticipates doing business. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. in. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non -segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. Contractors are encouraged to participate in voluntary associations, which assist in fulfillingone or more of their affirmative action obligations (18.7a through 18.7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. FAA MP-6 i The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to 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 3 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). FAA MP - 7 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION - 41 CFR PART 60-2 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority participation for each trade (Vol. 45 Federal Register pg. 65984 10/3/80) Goals for female participation in each trade (6.9%) These goals are applicable to all the contractor's construction work (whether or not it is Federal or federally -assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its Federally involved and non -federally involved construction. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training shall be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the contractor's goals, shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. The contractor shall provide written notification to the Director, OFCCP, within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is [insert description of the geographical areas where the contract is to be performed giving the state, county, and city, if any]. CERTIFICATION OF NONSEGREGATED FACILITIES - 41 CFR PART 60-1.8 Notice to Prospective Federally Assisted Construction Contractors 1. A Certification of Non -segregated Facilities shall be submitted prior to the award of a federally - assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. FAA MP - 8 i . 2. Contractors receiving federally -assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Notice to Prospective Subcontractors of Requirements for Certification of Non -Segregated Facilities 1. A Certification of Non -segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. _= 1001. CERTIFICATION OF NONSEGREGATED FACILITIES The federally -assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally -assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally -assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally -assisted construction contractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will retain such certifications in his files. EQUAL EMPLOYMENT OPPORTUNITY - 41 CFR PART 60-1.4(b) During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or FAA MP - 9 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. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided bylaw. 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 FAA MP - 10 fringe benefits (or cash equivalent thereoO due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which [4 may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the. Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of FAA MP - 11 receipt and so advise the contracting officer or will notify the contracting officer within the 30- ' day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2 Withholding. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to 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, alter 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 I(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 FAA MP -12 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 A programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph 5.5(a)(3)(i) above. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under paragraph (3)(i) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying or transcription by authorized representatives of the Sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon FAA MP - 13 request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (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 FAA MP - 14 r determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work 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 F 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. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. FAA MP - 15 (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001 VETERAN'S PREFERENCE In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.. TRADE RESTRICTION CLAUSE The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S, firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. FAA MP - 16 1=- 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 carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from City of Lubbock, Lubbock Preston Smith International Airport 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, Lubbock Preston Smith International Airport This clause applies to both DBE and non - DBE subcontractors. FAA MP - 17 { ACCESS TO RECORDS AND REPORTS The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. CIVIL RIGHTS ACT OF 1964, TITLE VI — CONTRACTOR CONTRACTUAL REQUIREMENTS During the performance of this contract, the contractor, for itself; its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1.1 Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 1.2 Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 1.3 Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 1.4 Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, FAA MP - 18 2__ 7 accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 1.5 Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 1.6 Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. BUY AMERICAN PREFERENCES (a) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel 1 ; 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: l . 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 FAA MP - 19 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. Product Country of Origin FAA MP - 20 9/29/2007 AC 150/5370-IOC l: . SECTION 10 DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the contract, or in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows: 10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO. 10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10-03 ADVERTISEMENT. A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 AIP. The Airport Improvement Program, a grant-in-aid program, administered by the Federal Aviation Administration. 10-05 AIR OPERATIONS AREA. For the purpose of these specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10-06 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft; an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; and airport buildings and facilities located in any of these areas, and includes a heliport. 10-07 ASTM. The American Society for Testing and Materials. 10-08 AWARD. The acceptance, by the Owner, of the successful bidder's proposal. 10-09 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. 10-10 BUILDING AREA. An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights -of -way together with all airport buildings and facilities located thereon. 10-11 CALENDAR DAY. Every day shown on the calendar. 10-12 CHANGE ORDER. A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the scope of the contract. 10-13 CONTRACT. The written agreement covering the work to be performed. The awarded contract shall include, but is not limited to: The Advertisement; The Contract Form; The Proposal; The Performance Bond; The Payment Bond; any required insurance certificates; The Specifications; The Plans, and any addenda issued to bidders. 10-14 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the contract. 10-15 CONTRACT TIME. The number of calendar days or working days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date. GP-1 9/29/2007 AC 150/5370-IOC 10-16 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work. 10-17 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area. 10-18 ENGINEER. The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for engineering inspection of the contract work and acting directly or through an authorized representative. 10-19 EQUIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-20 EXTRA WORK. An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Engineer to be necessary to complete the work within the intended scope of the contract as previously modified. 10-21 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his/her duly authorized representative. 10-22 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, Commercial Item Descriptions, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. 10-23 FORCE ACCOUNT. Force account construction work is construction that is accomplished through the use of material, equipment, labor, and supervision provided by the Owner or by another public agency pursuant to an agreement with the Owner. 10-24 INSPECTOR. An authorized representative of the Engineer assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. 10-25 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the Owner. Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference. 10-26 LABORATORY. The official testing laboratories of the Owner or such other laboratories as may be designated by the Engineer. 10-27 LIGHTING. A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface. 10-28 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20 percent of the total amount of the award contract. All other items shall be considered minor contract items. GP-2 , ` 9/29/2007 AC 150/5370-IOC T, s 10-29 MATERIALS. Any substance specified for use in the construction of the contract work. 10-30 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. 10-31 OWNER. The term "Owner" shall mean the party of the first part or the contracting agency signatory to the contract. For AIP contracts, the term "sponsor" shall have the same meaning as the term "Owner." Where the term "Owner" is capitalized in this document, it shall mean airport owner or sponsor only. 10-32 PAVEMENT. The combined surface course, base course, and subbase course, if any, considered as a single unit. 10-33 PAYMENT BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that he will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-34 PERFORMANCE BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract. 10-35 PLANS. The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the contract, supplementary to the specifications. 10-36 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport. 10-37 PROPOSAL. The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications. 10-38 PROPOSAL GUARANTY. The security furnished with a proposal to guarantee that the bidder will enter into a contract if his/her proposal is accepted by the Owner. 10-39 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft. 1040 SPECIFICATIONS. A part of the contract containing the ..vrtten directions and requirements for completing the contract work. Standards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if included in the contract physically. 1041 SPONSOR. See definition above of "Owner." 1042 STRUCTURES. Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; flexible and rigid pavements; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 10-43 SUBGRADE. The soil that forms the pavement foundation. 10-44 SUPERINTENDENT. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction. 10-45 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and the Owner covering (1) work that would increase or decrease the total amount of the awarded contract, or any major contract item, by more than 25 percent, such increased or decreased work being within the scope of the originally awarded contract; or (2) work that is not within the scope of the originally awarded contract. GP-3 9/29/2007 AC 150/5370-IOC I 1046 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds that are furnished to the Owner by the Contractor. 1047 TAXIWAY. For the purpose of this document, the term taxiway means the portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport's runways or aircraft parking areas. 1048 WORK. The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the contract, plans, and specifications. 1049 WORKING DAY. A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least 6 hours toward completion of the contract when work is suspended for causes beyond the Contractor's control, Saturdays, Sundays and holidays on which the Contractor's forces engage in regular work, requiring the presence of an inspector, will be considered as working days. END OF SECTION 10 GP-4 9/29/2007 AC 150/5370-IOC SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS 20-01 ADVERTISEMENT (Notice to Bidders). See Notice and/or Instruction to Bidders found previously in the project documents. 20-02 PREQUALIFICATION OF BIDDERS. Each bidder shall furnish the owner satisfactory evidence of his/her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder's past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder shall furnish the owner satisfactory evidence of his/her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder's financial resources and liabilities as of the last calendar year or the Contractor's last fiscal year. Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his/her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed, the bidder shall qualify the public accountant's statement or report to reflect his/her (bidder's) true financial condition at the time such qualified statement or report is submitted to the Owner. Unless otherwise specified, a bidder may submit evidence that he is prequalified with the State Highway Division and is on the current "bidder's list" of the state in which the proposed work is located. Such evidence of State .,' Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports hereinbefore specified. Each bidder shall submit "evidence of competency" and "evidence of financial responsibility" to the Owner at the time of bid opening. 20-03 CONTENTS OF PROPOSAL FORMS. The Owner shall furnish bidders with proposal forms. All papers bound with or attached to the proposal forms are necessary parts and must not be detached. The plans specifications, and other documents designated in the proposal form shall be considered a part of the proposal whether attached or not. 20-04 ISSUANCE OF PROPOSAL FORMS. The Owner reserves the right to refuse to issue a proposal form to a prospective bidder should such bidder be in default for any of the following reasons: a. Failure to comply with any prequalification regulations of the Owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. b. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the Owner) at the time the Owner issues the proposal to a prospective bidder. c. Contractor default under previous contracts with the Owner. d. Unsatisfactory work on previous contracts with the Owner. 20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The Owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the GP-5 9/29/2007 AC 150/5370-IOC subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices. 20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans specifications, and contract forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications. Boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the Owner's design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his/her examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner. 20-07 PREPARATION OF PROPOSAL. The bidder shall submit his/her proposal on the forms furnished by the Owner. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals for which he proposes to do each pay item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state under the laws of which the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his/her authority to do so and that the signature is binding upon the firm or corporation. 20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following reasons: a. If the proposal is on a form other than that furnished by the Owner, or if the Owner's form is altered, or if any part of the proposal form is detached. b. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind that make the proposal incomplete, indefinite, or otherwise ambiguous. c. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. d. If the proposal contains unit prices that are obviously unbalanced. e. If the proposal is not accompanied by the proposal guaranty specified by the Owner. The Owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the Owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20-09 BID GUARANTEE. Each separate proposal shall be accompanied by a certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such check, or collateral, shall be made payable to the Owner. 20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport, and name and business address of the bidder on the outside. 19101 I9/29/2007 AC 150/5370-IOC When sent by mail, preferably registered, the sealed proposal, marked as indicated above, should be enclosed in an additional envelope. No proposal will be considered unless received at the place specified in the advertisement before the time specified for opening all bids. Proposals received after the bid opening time shall be returned to the bidder unopened. 20-11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the bidder's request for withdrawal is received by the Owner in writing or by telegram before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids. 20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read, publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be returned to the bidder unopened. 20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for any of the following reasons: a. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name. b. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the Owner until any such participating bidder has been reinstated by the Owner as a qualified bidder. c. If the bidder is considered to be in "default" for any reason specified in the subsection titled ISSUANCE OF PROPOSAL FORMS of this section. END OF SECTION 20 GP-7 r__ I f i- - 9/29/2007 AC 150/5370-IOC SECTION 30 AWARD AND EXECUTION OF CONTRACT 30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidders proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in words shall govern. Until the award of a contract is made, the Owner reserves the right to reject a bidder's proposal for any of the following reasons: a. If the proposal is irregular as specified in the subsection titled IRREGULAR PROPOSALS of Section 20. b. If the bidder is disqualified for any of the reasons specified in the subsection titled DISQUALIFICATION OF BIDDERS of Section 20. In addition, until the award of a contract is made, the Owner reserves the right to reject any or all proposals, waive r technicalities, if such waiver is in the best interest of the Owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise. All such actions shall promote the Owner's best interests. 30-02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be made within 30 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. Award of the contract shall be made by the Owner to the lowest, qualified bidder whose proposal conforms to the cited requirements of the Owner. 30-03 CANCELLATION OF AWARD. The Owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the Owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the Owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two lowest bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful bidder's proposal guaranty will be returned. The successful bidder's proposal guaranty will be returned as soon as the Owner receives the contracts bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section. 30-05 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the contract, the successful bidder shall furnish the Owner a surety bond or bonds that have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work. The surety and the form of the bond or bonds shall be acceptable to the Owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract. 30-06 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return such signed contract to the owner, along with the fully executed surety bond or bonds specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section, within 15 calendar days from the date mailed or otherwise delivered to the successful bidder. If the contract is mailed, special handling is recommended. 30-07 APPROVAL OF CONTRACT. Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the Owner shall complete the execution of the contract in accordance with local laws or ordinances, and return the fully executed contract to the Contractor. Delivery of the fully executed contract GP-9 9/29/2007 AC 150/5370-IOC to the Contractor shall constitute the Owner's approval to be bound by the successful bidder's proposal and the terms of the contract. 30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15 calendar day period specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the Owner. END OF SECTION 30 GP-10 9/29/2007 AC 150/5370-IOC SECTION 40 SCOPE OF WORK 40-01 INTENT OF CONTRACT. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 40-02 ALTERATION OF WORK AND QUANTITIES. The owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than 25 percent (total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations that do not exceed the 25 percent limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. "these alterations that are for work within the general scope of the contract shall be covered by "Change Orders" issued by the Engineer. Change orders for altered work shall include extensions of contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of added work. Should the aggregate amount of altered work exceed the 25 percent limitation hereinbefore specified, such excess altered work shall be covered by supplemental agreement. If the owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. 40-03 OMITTED ITEMS. The Engineer may, in the Owner's best interest, omit from the work any contract item, except major contract items. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement. Should a contract item be omitted or otherwise ordered to be nonperformed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90.. 40-04 EXTRA WORK. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements, the same shall be called "Extra Work." Extra Work that is within the general scope of the contract shall be covered by written change order. Change orders for such Extra Work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Engineer's opinion, is necessary for completion of such Extra Work. When determined by the Engineer to be in the Owner's best interest, he may order the Contractor to proceed with Extra Work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. Extra Work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment of Extra Work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the Owner. 40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's equipment and personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the GP-11 9/29/2007 AC 150/5370-IOC airport with respect to his/her own operations and the operations of all his/her subcontractors as specified in the i- subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection .t titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. With respect to his/her own operations and the operations of all his/her subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying: personnel; equipment; vehicles; storage areas; and any work area or condition that may be hazardous to the operation of aircraft, fire -rescue equipment, or maintenance vehicles at the airport. When the contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor's performance of work that is otherwise provided for in the contract, plans, and specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic. The Contractor shall furnish erect, and maintain barricades, warning signs, flagperson, and other traffic control devices in reasonable conformity with the manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office), unless otherwise specified herein. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise specified herein, the Contractor will not be required to furnish snow removal for such existing road, street, or highway. The Contractor shall make his/her own estimate of all labor, materials, equipment, and incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified in this subsection. The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be measured or paid for directly, but shall be included in the various contract items. 40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items. Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the contract. Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be utilized in the work as otherwise provided for in the contract and shall remain the property of the Owner when so utilized in the work. 40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be either embankment or waste, he may at his/her option either: a. Use such material in another contract item, providing such use is approved by the Engineer and is in conformance with the contract specifications applicable to such use; or, ( l_ b. Remove such material from the site, upon written approval of the Engineer; or c. Use such material for his/her own temporary construction on site; or, GP-12 9/29/2007 AC 150/5370-IOC d. Use such material as intended by the terms of the contract. Should the Contractor wish to exercise option a., b., or c., he shall request the Engineer's approval in advance of such use. Should the Engineer approve the Contractor's request to exercise option a., b., or c., the Contractor shall be paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at his/her own expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for his/her use of such material so used in the work or removed from the site. Should the Engineer approve the Contractor's exercise of option a., the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of his/her exercise of option a., b., or c. The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications. 40-09 FINAL CLEANING UP. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. He shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property owner. END OF. SECTION 40 GP-13 9/29/2007 AC 150/5370-IOC SECTION 50 CONTROL OF WORK 50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. The Engineer shall decide all questions that may arise as to the interpretation of the specifications or plans relating to the work. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for the under contract. The Engineer does not have the authority to accept pavements that do not conform to FAA specification requirements. 50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans or specifications. If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his/her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, he will advise the Owner of his/her determination that the affected work be accepted and remain in place. In this event, the Engineer will document his/her determination and recommend to the Owner a basis of acceptance that will provide for an adjustment in the contract price for the affected portion of the work. The Engineer's determination and recommended contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in his/her opinion, needed. Changes in the contract price shall be covered by contract modifications (change order or supplemental agreement) as applicable. If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Engineer's responsibility to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor's prosecution of the work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Engineer with the authority, after consultation with the FAA, to use good engineering judgment in his/her determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the contract, plans and specifications. The Engineer will not be responsible for the Contractor's means, methods, techniques, sequences, or procedures of construction or the safety precautions incident thereto. 50-03 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited FAA advisory circulars; contract general provisions shall govern over plans, cited standards for materials or testing, and cited FAA advisory circulars; plans shall govern over cited standards for materials or testing and cited FAA advisory circulars. If any paragraphs contained in the Special Provisions conflict with General Provisions or Technical Specifications, the Special Provisions shall govern. GP-15 1.� _s 9/29/2007 AC 150/5370-IOC The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his/her interpretation and decision, and such decision shall be final. SPECIAL PROVISIONS SP-I SCOPE OF WORK SP-2 BASIS OF CONTRACT AWARD SP-3 TIME AND ORDER OF COMPLETION SP-4 CALENDAR DAY SP-S LIMITATION OF OPERATION SR-6 AIRPORT OPERA TIONS SECURITY SP-7 CONTRACTOR'S PLANT SITE, STORAGE AND OFFICE AREA(S) SP-8 PROTECTION OF PROPERTY SP-9 ELECTRIC POWER AND NATURAL GAS SP-10 LINES AND GRADES SP-11 WATER FOR CONSTRUCTION SP-12 MATERIAL TESTS SP-13 BARRICADES, SIGNS, AND HAZARD MARKINGS SP-14 PREVENTION OF AIR AND WATER POLLUTION SP-IS PROGRESS SCHEDULE SP-16 PUBLIC CONVENIENCE AND SAFETY SP-17 FINAL CLEANING UP SP-18 INSURANCE SP-19 REMOVAL AND DISPOSAL OF STRUCTURES, UTILITIES AND OBSTRUCTIONS SP-20 CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS SP-21 REMOVAL OF DEFECTIVE AND UNA UTHORIZED WORK SP-22 DISPUTED CLAIMS FOR EXTRA WORK SP-23 INDEMNIFICATION SP-24 CONTRACTOR'S RESPONSIBILITY FOR WORK SP-25 CORRECTION OF FA UL TY WORK AFTER FINAL PAYMENT SP-26 SEPARATE CONTRACTS SP-27 SHOP DRAWINGS SP-28 ENGINEER SP-29 ENGINEER'S FIELD OFFICE SP-30 PROGRESS MEETINGS SP-31 RESCUE AND FIREFIGHTING PROVISION SP-32 CRANEAND OVERHEAD EQUIPMENTSAFETY 50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with five copies each of the plans and specifications. He shall have available on the work at all times one copy each of the plans and specifications. Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction. The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Engineer and his/her inspectors and with other contractors in every way possible. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his/her agent on the work. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the Engineer or his/her authorized representative. 50-05 COOPERATION BETWEEN CONTRACTORS. The Owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract. When separate contracts are let within the limits of any one project, each Contractor shall conduct his/her work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. GP-16 9/29/2007 AC 150/5370-IOC Each Contractor involved shall assume all liability, financial or otherwise, in connection with his/her contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange his/her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. He shall join his/her s work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish horizontal and vertical control ._' only. The Contractor must establish all layout required for the construction of the work. Such stakes and markings as the Engineer may set for either his/her own or the Contractor's guidance shall be preserved by the Contractor. In case of negligence on the part of the Contractor, or his/her employees, resulting in the destruction of such stakes or Fi`l markings, an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the Contractor at the discretion of the Engineer. The Contractor will be required to furnish all lines, grades and measurements from the control points necessary for the proper prosecution and control of the work contracted for under these specifications. The Contractor must give weekly copies of the survey notes to the Engineer so that the Engineer may check them as to accuracy and method of staking. All areas that are staked by the Contractor must be checked by the Engineer prior to beginning any work in the area. The Engineer will make periodic checks of the grades and alignment set by the Contractor. In case of error on the part of the Contractor, or his/her employees, resulting in establishing grades and/or alignment that are not in accordance with the plans or established by the Engineer, all construction not in accordance with the established grades and/or alignment shall be replaced without additional cost to the Owner. No direct payment will be made, unless otherwise specified in contract documents, for this labor, materials, or other expenses therewith. The cost thereof shall be included in the price of the bid for the various items of the Contract. Construction Staking and Layout includes but is not limited to: Clearing and Grubbing perimeter staking. Rough Grade slope stakes at 100-foot stations. Drainage Swales slope stakes and flow line blue tops at 50-foot stations. Subgrade blue tops at 25 foot stations and 25 foot offset distance (max.) for the following section locations: a. Runway — minimum 5 per station b. Taxiways — minimum 3 per station c. Holding apron areas— minimum 3 per station d. Roadways — minimum 3 per station Base Course blue tops at 25 foot stations and 25 foot offset distance (max.) for the following section locations: a. Runway — minimum 5 per station b. Taxiways — minimum 3 per station c. Holding apron areas — minimum 3 per station Pavement areas: a. Edge of Pavement hubs and tacks (for stringline by Contractor) at 100 foot stations b. Between Lifts at 25 foot stations for the following section locations: (1). Runways — each paving lane width (2). Taxiways — each paving lane width (3). Holding areas — each paving lane width c. After finish paving operations at 50 foot stations (1). All paved areas — Edge of each paving lane prior to next paving lot d. Shoulder and safety area blue tops at 50 foot stations and at all break points with maximum of 50 foot offsets Fence lines at 100 foot stations GP-17 9/29/2007 AC 150/5370-IOC 1 Electrical and Communications System locations, lines and grades including but not limited to duct runs, connections, fixtures, signs, lights, VASI's, PAPI's, REIL's, Wind Cones, Distance Markers (signs), pull boxes and manholes. Drain lines, cut stakes and alignment on 25-foot stations, inlet and manholes. Painting and Striping layout (pinned with 1.5 inch PK nails) marked for paint Contractor. (All nails shall be removed after painting) Laser, or other automatic control devices, shall be checked with temporary control point or grade hub at a minimum of once per 400 feet per pass (i.e. paving lane). NOTE: Controls and stakes disturbed or suspect of having been disturbed shall be checked and/or reset as directed by the Engineer without additional cost to the Owner. 50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is required to be operated automatically under the contract and a breakdown or malfunction of the automatic controls occurs, the equipment may be operated manually or by other methods for a period 48 hours following the breakdown or malfunction, provided this method of operations will produce results which conform to all other requirements of the contract. 50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the Owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the contract. Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor. Inspectors employed by the Owner are authorized to notify the Contractor or his/her representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for his/her decision. 50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the wink to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized representative of the Owner may be ordered removed and replaced at the Contractor's expense unless the Owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) Owner, authorized representatives of the owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no way interfere with the rights of the parties to this contract. 50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work that does not conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed GP-18 9/29/2007 AC 150/5370-IOC i' immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. No removal work made under provision of this subsection shall be done without lines and grades having been given by the Engineer. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or as given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the Owner) from any monies due or to become due the Contractor. 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage that may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor shall be responsible for all damage done by his/her hauling equipment and shall correct such damage at his/her own expense. 50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. 50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Owner may suspend any work necessary for the Owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the Owner, shall be deducted from monies due or to become due the Contractor. 50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the Owner, he may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, he may accept it as being completed, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the Owner shall not void or alter any provision of the contract. 50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire project, the Engineer and Owner will make an inspection. If all construction provided for and contemplated by the contract is found to be completed in accordance with the contract, plans, and specifications, such inspection shall GP-19 9/29/2007 AC 150/5370-IOC constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due him for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, he shall notify the Engineer in writing of his/her intention to claim such additional compensation before he begins the work on which he bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within 10 calendar days, submit his/her written claim to the Engineer who will present it to the Owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. 50-17 COST REDUCTION INCENTIVE. The provisions of this subsection will apply only to contracts awarded to the lowest bidder pursuant to competitive bidding. On projects with original contract amounts in excess of $100,000, the Contractor may submit to the Engineer, in writing, proposals for modifying the plans, specifications or other requirements of the contract for the sole purpose of reducing the cost of construction. The cost reduction proposal shall not impair, in any manner, the essential functions or characteristics of the project, including but not limited to service life, economy of operation, ease of maintenance, desired appearance, design and safety standards. This provision shall not apply unless the proposal submitted is specifically identified by the Contractor as being presented for consideration as a value engineering proposal. Not eligible for cost reduction proposals are changes in the basic design of a pavement type, runway and taxiway lighting, visual aids, hydraulic capacity of drainage facilities, or changes in grade or alignment that reduce the geometric standards of the project. As a minimum, the following information shall be submitted by the Contractor with each proposal: a. A description of both existing contract requirements for performing the work and the proposed changes, with a discussion of the comparative advantages and disadvantages of each; b. An itemization of the contract requirements that must be changed if the proposal is adopted; c. A detailed estimate of the cost of performing the work under the existing contract and under the proposed changes; d. A statement of the time by which a change order adopting the proposal must be issued; e. A statement of the effect adoption of the proposal will have on the time for completion of the contract; and f. The contract items of work affected by the proposed changes, including any quantity variation attributable to them. GP-20 9/29/2007 AC 150/5370-IOC The Contractor may withdraw, in whole or in part, any cost reduction proposal not accepted by the Engineer, within the period specified in the proposal. The provisions of this subsection shall not be construed to require the Engineer �- to consider any cost reduction proposal that may be submitted. The Contractor shall continue to perform the work in accordance with the requirements of the contract until a change order incorporating the cost reduction proposal has been issued. If a change order has not been issued by the date upon which the Contractor's cost reduction proposal specifies that a decision should be made, or such other date as the Contractor may subsequently have requested in writing, such cost reduction proposal shall be deemed rej ected. The Engineer shall be the sole judge of the acceptability of a cost reduction proposal and of the estimated net savings from the adoption of all or any part of such proposal. In determining the estimated net savings, the Engineer may disregard the contract bid prices if, in the Engineer's judgment such prices do not represent a fair measure of the value of the work to be performed or deleted. The Owner may require the Contractor to share in the Owner's costs of investigating a cost reduction proposal submitted by the Contractor as a condition of considering such proposal. Where such a condition is imposed, the Contractor shall acknowledge acceptance of it in writing. Such acceptance shall constitute full authority for the Owner to deduct the cost of investigating a cost reduction proposal from amounts payable to the Contractor under the contract. If the Contractor's cost reduction proposal is accepted in whole or in part, such acceptance will be by a contract change order that shall specifically state that it is executed pursuant to this subsection. Such change order shall incorporate the changes in the plans and specifications which are necessary to permit the cost reduction proposal or such part of it as has been accepted and shall include any conditions upon which the Engineer's approval is based. The change order shall also set forth the estimated net savings attributable to the cost reduction proposal. The net savings shall be determined as the difference in costs between the original contract costs for the involved work items and the costs occurring as a result of the proposed change. The change order shall also establish the net savings agreed upon and shall provide for adjustment in the contract price that will divide the net savings equally between the Contractor and the Owner. The Contractor's 50 percent share of the net savings shall constitute full compensation to the Contractor for the cost reduction proposal and the performance of the work. Acceptance of the cost -reduction proposal and performance of the cost -reduction work shall not extend the time of completion of the contract unless specifically provided for in the contract change order. END OF SECTION 50 OP-21 9/29/2007 AC 150/5370-IOC Intentionally Left Blank GP-22 9/29/2007 AC 150/5370-IOC SECTION 60 CONTROL OF MATERIALS 60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials. At the Engineer's option, materials may be approved at the source of supply before delivery is stated. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited materials specifications. In addition, where an FAA specification for airport lighting equipment is cited in the plans or specifications, the Contractor shall furnish such equipment that is: a. Listed in FAA Advisory Circular (AC) 150/5345-53, Airport Lighting Equipment Certification Program, that is in effect on the date of advertisement; and, b. Produced by the manufacturer qualified (by FAA) to produce such specified and listed equipment. The following airport lighting equipment is required for this contract and is to be furnished by the Contractor in accordance with the requirements of this subsection: NOT APPLICABLE 60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. Unless otherwise designated, all materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of ASTM, AASHTO, Federal Specifications, Commercial Item Descriptions, and all other cited methods, which are current on the date of advertisement for bids, will be made by and at the expense of the Engineer. The testing organizations performing on site field tests shall have copies of all referenced standards on the construction site for use by all technicians and other personnel, including the Contractor's representative at his/her request. Unless otherwise designated, samples will be taken by a qualified representative of the Engineer. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at his/her request. The Contractor shall employ a testing organization to perform all Contractor required tests. The Contractor shall submit to the Engineer resumes on all testing organizations and individual persons who will be performing the tests. The Engineer will determine if such persons are qualified. All the test data shall be reported to the Engineer after the results are known. A legible, handwritten copy of all test data shall be given to the Engineer daily, along with printed reports, in an approved format, on a weekly basis. After completion of the project, and prior to final payment, the Contractor shall submit a final report to the Engineer showing all test data reports, plus an analysis of all results showing ranges, averages, and corrective action taken on all failing tests. 60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate r., of compliance in which the lot is clearly identified. GP-23 9/29/2007 AC 150/5370-IOC Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. When a material or assembly is specified by "brand name or equal" and the Contractor elects to furnish the specified "brand name," the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: a. Conformance to the specified performance, testing, quality or dimensional requirements; and, b. Suitability of the material or assembly for the use intended in the contract work. Should the Contractor propose to furnish an "or equal" material or assembly, he shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. however, the Engineer shall be the sole judge as to whether the proposed "or equal" is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for his/her acceptance of the material or assembly. Should the Engineer conduct plant inspections, the following conditions shall exist: a. The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials. b. The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. c. If required by the Engineer, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to the plant. It is understood and agreed that the Owner shall have the right to retest any material that has been tested and approved at the source of supply after it has been delivered to the site. The Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications. 60-05 ENGINEER'S FIELD OFFICE. An engineer's Field Office will not be required on this project. 60-06 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property owner's permission. GP-24 9/29/2007 AC 150/5370-IOC 1 All storage sites on private or airport property shall be restored to their original condition by the Contractor at his/her entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property. 60-07 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the Engineer has approved its used in the work. 60-08 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required to complete the work, except those specified herein (if any) to be furnished by the Owner. Owner -furnished materials shall be made available to the Contractor at the location specified herein. All costs of handling, transportation from the specified location to the site of work, storage, and installing Owner - furnished materials shall be included in the unit price bid for the contract item in which such Owner -furnished material is used. After any Owner -furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies that may occur during the Contractor's handling, storage, or use of such Owner -furnished material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the Contractor's handling, storage, or use of Owner -furnished materials. END OF SECTION 60 GP-25 9/29/2007 AC 150/5370-IOC SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner and all his/her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his/her employees. 70-02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. 70-03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work. 70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The Owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the Owner, such authorized work (by others) is indicated as follows: NOT APPLICABLE Except as listed above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the Engineer. Should the owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such owners by arranging and performing the work in this contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. 70-05 FEDERAL AID PARTICIPATION. For AIP contracts, the United States Government has agreed to reimburse the Owner for some portion of the contract costs. Such reimbursement is made from time to time upon the Owner's request to the FAA. In consideration of the United States Government's (FAA's) agreement with the Owner, the Owner has included provisions in this contract pursuant to the requirements of Title 49 of the United States Code (USC) and the Rules and Regulations of the FAA that pertain to the work. As required by the USC, the contract work is subject to the inspection and approval of duly authorized representatives of the Administrator, FAA, and is further subject to those provisions of the rules and regulations that are cited in the contract, plans, or specifications. GP-27 9/29/2007 AC 150/5370-IOC No requirement of the USC, the rules and regulations implementing the USC, or this contract shall be construed as i making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract. 70-06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his/her employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions that are unsanitary, hazardous, or dangerous to his/her health or safety. 70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her operations and those of his/her subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to his/her own operations and those of his/her subcontractors and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter. 70-08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably illuminated. Unless otherwise specified, barricades, waming signs, and markings for hazards that are in the air operations area shall be a maximum of 18 inches high. Unless otherwise specified, barricades shall be spaced not more than 25 feet apart. Barricades, warning signs, and markings shall be paid for under Section 40-05. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual of Uniform Tfaffic Control Devices for Streets and Highways (published by the United States Government Printing Office). When the work requires closing an air operations area of the airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 150/5340-1, Standards for Airport Markings. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stock piles, and his/her parked construction equipment that may be hazardous to the operation of emergency fire -rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2, Operational Safety on Airports During Construction. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work that requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer. Open -flame type lights shall not be permitted within the air operations areas of the airport. 70-09 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. GP-28 x 9/29/2007 AC 150/5370-IOC All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and, in general, not closer than 1,000 feet (300 m) from the work or from any building, road, or other place of human occupancy. The Contractor shall notify each property owner and public utility company having structures or facilities in proximity to the site of the work of his/her intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. The use of electrical blasting caps shall not be permitted on or within 1,000 feet (300 m) of the airport property. 70-10 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer has witnessed or otherwise referenced their location and shall not move them until directed. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the work, resulting from any act, omission, neglect, or misconduct in his/her manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the nonexecution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. 70-11 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the Owner and their officers, and employees from all suits actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the "Workmen's Compensation Act," or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his/her contract as may be considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due, his/her surety may be held until such suit(s), action(s), or claim(s) for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the Owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. 70-12 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-13 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the Owner prior to completion of the entire contract, such "phasing" of the work shall be specified herein and indicated on the plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. The Contractor shall make his/her own estimate of the difficulties involved in arranging his/her work to permit such beneficial occupancy by the Owner as described below: Refer to phasing requirements contained within the Special Provisions. GP-29 i.., 9/29/2007 AC 150/5370-IOC Upon completion of any portion of the work listed above, such portion shall be accepted by the Owner in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50. No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the Owner shall be repaired by the Contractor at his/her expense. The Contractor shall make his/her own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the contract work. Contractor shall be required to conform to safety standards contained AC 150/5370-2, Operational Safety on Airports During Construction (See Special Provisions.) Contractor shall refer to the approved safety plan to identify barricade requirements and other safety requirements prior to opening up sections of work to traffic. 70-14 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non -execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of government authorities. If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his/her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seedings, and soddings furnished under his/her contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control his/her operations to prevent the unscheduled interruption of such utility services and facilities. To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans and the owners are indicated as follows: CITY OF LUBBOCK. Airport - Deputy Director. Steve Nicholson office # (806) 775-2036 Operations Supervisor: Rene Whicker office # (806) 775-3144, cell # (806) 78 7-102 7 Field Maintenance. Steve Hemmeline office # (806) 775-2040, cell # (806) 777-7034 Water Department- GP-30 9/29/2007 AC 150/5370-IOC Locate: David Ockerman office # (806) 775-3161, cell # (806) 548-4152 Emergency: Randy Ratheal office # (806) 775-2950, cell # (806) 548-4167 LPL - Locate: Greg Pillow cell # (806) 777-0416 Emergency: (806) 775-2555 The following utilities are located through DIG-TESS 1-800-344-8377 Atmos Eneev- Emergeney # 1-800-692-4694 A.T.&T.- Emergency # 1-800-286-8313 XCEL- Emergency # 1-800-895-1999 South Plains Electric Cooperative - Emergency # 1-800-344-8377 (DIG-TESS) It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of his/her responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the owners of all utility services or other facilities of his/her plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition to the general written notification hereinbefore provided, it shall be the responsibility of the Contractor to keep such individual owners advised of changes in his/her plan of operations that would affect such owners. Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such owner of his/her plan of operation. If, in the Contractor's opinion, the owner's assistance is needed to locate the utility service or facility or the presence of a representative of the owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the Owner to suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet (90 cm) of such outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. GP-31 _, 9/29/2007 AC 150/5370-IOC I I_.. } The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his/her operations whether or not due to negligence or accident. The Owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his/her surety. I , 70-16 FURNISHING RIGHTS -OF -WAY. The Owner will be responsible for furnishing all rights -of -way upon which the work is to be constructed in advance of the Contractor's operations. 70-17 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract provisions or in exercising any power or authority granted to him by this contract, there shall be no liability upon the Engineer, his/her authorized representatives, or any officials of the Owner either personally or as an official of the Owner. It is understood that in such matters they act solely as agents and representatives of the Owner. 70-18 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or stop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the Owner be precluded or stopped from recovering from the Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the contract. A waiver on the part of the Owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the contract, shall be liable to the Owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the owner's rights under any warranty or guaranty. 70-19 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. 70-20 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his/her operations, any building, part of a building, structure, or object that is incongruous with its surroundings, he shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and the Owner will direct the Contractor to either resume his/her operations or to suspend operations as directed. Should the Owner order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract modification (change order or supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If appropriate, the contract modification shall include an extension of contract time in accordance with the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. END OF SECTION 70 GP-32 9/29/2007 AC 150/5370-IOC SECTION 80 PROSECUTION AND PROGRESS 80-01 SUBLETTING OF CONTRACT. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. Should the Contractor elect to assign his/her contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the Owner, and shall be consummated only on the written approval of the Owner. In case of approval, the Contractor shall file copies of all subcontracts with the Engineer. The Contractor shall perform, with his organization, an amount of work equal to at least (refer to requirements listed elsewhere in the Project Manual). 80-02 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the Engineer in the written notice to proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction operations will begin. 80-03 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit his/her progress schedule for the Engineer's approval within 10 days after the effective date of the notice to proceed. The Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the contract time and modify his/her operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the -s prosecution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. For AIP contracts, the Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the Owner. 80-04 LIMITATION OF OPERATIONS. The Contractor shall control his/her operations and the operations of his/her subcontractors and all suppliers so as to provide for the free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport. When the work requires the Contractor to conduct his/her operations within an AIR OPERATIONS AREA of the airport, the work shall be coordinated with airport operations (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an AIR OPERATIONS AREA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70. When the contract work requires the Contractor to work within an AIR OPERATIONS AREA (AOA) of the airport on an intermittent basis (intermittent opening and closing of the AIR OPERATIONS AREA), the Contractor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the AIR OPERATIONS AREA; immediately obey all instructions to resume work in such AIR OPERATIONS AREA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AIR OPERATIONS AREA until the satisfactory conditions are provided. The following AIR OPERATIONS AREA cannot be closed to operating aircraft to permit the Contractor's operations on a continuous basis and will therefore be closed to aircraft operations intermittently as follows: GP-33 9/29/2007 AC 150/5370-1OC No portions of the AOA are allowed to be closed during this project. Contractor shall be required to conform to safety standards contained in AC 150/5370-2, Operational Safety on Airports During Construction (See Special Provisions). 80-04.1 OPERATIONAL SAFETY ON AIRPORT DURING CONSTRUCTION. All Contractors' operations shall be conducted in accordance with the project safety plan and the provisions set forth within the current version of Advisory Circular 150/5370-2. The safety plan included within the contract documents conveys minimum requirements for operational safety on the airport during construction activities. The Contractor shall prepare and submit a plan that details how it proposes to comply with the requirements presented within the safety plan. The Contractor shall implement all necessary safety plan measures prior to commencement of any work activity. The Contractor shall conduct routine checks of the safety plan measures to assure compliance with the safety plan measures. The Contractor is responsible to the Owner for the conduct of all subcontractors it employs on the project. The Contractor shall assure that all subcontractors are made aware of the requirements of the safety plan and that they implement and maintain all necessary measures. No deviation or modifications may be made to the approved safety plan unless approved in writing by the Owner or Engineer. 80-05 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. Any person employed by the Contractor or by any subcontractor who violates any operational regulations and, in the opinion of the Engineer, does not perform his work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Engineer, be removed forthwith by the Contractor or subcontractor employing such person, and shall not be employed again in any portion of the work without approval of the Engineer. Should the Contractor fail to remove such persons or person, or fail to furnish suitable and sufficient personnel for the proper prosecution of the work, the Engineer may suspend the work by written notice until compliance with such orders. All equipment that is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to met requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use. When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans, and specifications. When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the contract, he may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the GP-34 9/29/2007 AC 150/5370-IOC specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection. 80-06 TEMPORARY SUSPENSION OF THE WORK. The Owner shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to cant' out orders given or perform any or all provisions of the contract. In the event that the Contractor is ordered by the Owner, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the Engineer's order to suspend work to the effective date of the Engineer's order to resume the work. Claims for such compensation shall be filed with the Engineer within the time period stated in the Engineer's order to resume work. The Contractor shall submit with his/her claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim to the Owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Owner, or for any other delay provided for in the contract, plans, or specifications. v If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. ' The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport. 80-07 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working days allowed for completion of the work shall be stated in the proposal and contract and shall be known as the CONTRACT TIME. Should the contract time require extension for reasons beyond the Contractor's control, it shall be adjusted as follows: a. CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer. The Engineer will furnish the Contractor a copy of his/her weekly statement of the number of working days charged against the contract time during the week and the number of working days currently specified for completion of the contract (the original contract time plus the number of working days, if any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). The Engineer shall base his/her weekly statement of contract time charged on the following considerations: (1) No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least 6 hours with the normal work force employed on such principal item. Should the normal work force be on a double -shift, 12 hours shall be used. Should the normal work force be on a triple -shift, 18 hours shall apply. Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered by the Owner for reasons not the fault of the Contractor, shall not be charged against the contract time. (2) The Engineer will not make charges against the contract time prior to the effective date of the notice to proceed. (3) The Engineer will begin charges against the contract time on the first working day after the effective date of the notice to proceed. GP-35 9/29/2007 AC 150/5370-IOC (4) The Engineer will not make charges against the contract time after the date of final acceptance as defined in the subsection titled FINAL ACCEPTANCE of Section 50. (5) The Contractor will be allowed I week in which to file a written protest setting forth his/her objections to the Engineer's weekly statement. If no objection is tiled within such specified time, the weekly statement shall be considered as acceptable to the Contractor. The contract time (stated in the proposal) is based on the originally estimated quantities as described in the subsection titled INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the satisfactory completion of the contract require performance of work in greater quantities than those estimated in the proposal, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in contract time shall not consider either the cost of work or the extension of contract time that has been covered by change order or supplemental agreement and shall be made at the time of final payment. b. CONTRACT TIME based on CALENDAR DAYS shall consist of the number of calendar days stated in the contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and nonwork days. All calendar days elapsing between the effective dates of the Owner's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. At the time of final payment, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the contract time shall not consider either cost of work or the extension of contract time that has been covered by a change order or supplemental agreement. Charges against the contract time will cease as of the date of final acceptance. e. When the contract time is a specified completion date, it shall be the date on which all contract work shall be substantially completed. If the Contractor finds it impossible for reasons beyond his/her control to complete the work within the contract time as specified, or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the contract time as extended, make a written request to the Engineer for an extension of time setting forth the reasons which he believes will justify the granting of his/her request. Requests for extension of time on calendar day projects, caused by inclement weather, shall be supported with National Weather Bureau data showing the actual amount of inclement weather exceeded which could normally be expected during the contract period. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may extend the time for completion in such amount as the conditions justify. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion. 80-08 FAILURE TO COMPLETE ON TIME. For each calendar day or working day, as specified in the contract, that any work remains uncompleted after the contract time (including all extensions and adjustments as provided in the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum specified in the contract and proposal as liquidated damages will be deducted from any money due or to become due the Contractor or his/her surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages including but not limited to additional engineering services that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in his/her contract. SCHEDULE LIQUIDATED DAMAGES COST ALLOWED CONSTRUCTION TIME Refer to Special Provisions t'or details on allowed Construction time and liquidated damages cost. GP-36 #4# l .i 9/29/2007 AC 150/5370-IOC ' Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the Owner of any of its rights under the contract. 80-09 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the Owner to terminate the contract for any of the following reasons if the Contractor: a. Fails to begin the work under the contract within the time specified in the "Notice to Proceed;' or b. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the contract, or c. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or d. Discontinues the prosecution of the work, or e. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or E Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or g. Allows any final judgment to stand against him unsatisfied for a period of 10 days, or b. Makes an assignment for the benefit of creditors, or i. For any other cause whatsoever, fails to carry on the work in an acceptable manner. Should the Engineer consider the Contractor in default of the contract for any. reason hereinbefore, he shall immediately give written notice to the Contractor and the Contractor's surety as to the reasons for considering the Contractor in default and the Owner's intentions to terminate the contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the Owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess. 80-10 TERMINATION FOR NATIONAL EMERGENCIES. The Owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, ypayment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. GP-37 9/29/2007 AC 150/5370-IOC Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. f- Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer. Termination of the contract or a portion thereof shall neither relieve the Contractor of his/her responsibilities for the completed work nor shall it relieve his/her surety of its obligation for and concerning any just claim arising out of the work performed. 80-11 WORK AREA, STORAGE AREA AND SEQUENCE OF OPERATIONS. The Contractor shall obtain approval from the Engineer prior to beginning any work in all areas of the airport. No operating runway, taxiway, or Air Operations Area (AOA) shall be crossed, entered, or obstructed while it is operational. The Contractor shall plan and coordinate his/her work in such a manner as to insure safety and a minimum of hindrance to flight operations. All Contractor equipment and material stockpiles shall be stored outside objcct fee area of an active runway. No equipment shall be within the runway safety area of an active runway at any time. END OF SECTION 80 GP-3 8 9/29/2007 AC 150/5370-IOC SECTION 90 MEASUREMENT AND PAYMENT 90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the Engineer, or his/her authorized representatives, using United States Customary Units of Measurement or the International System of Units. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave -outs) having an area of 9 square feet (0.8 square meter) or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. In computing volumes of excavation the average end area method or other acceptable methods will be used. The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inches. The term "ton" will mean the short ton consisting of 2,000 pounds (907 kilograms) avoirdupois. All materials that are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designed by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material is paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable to the Engineer, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery. When requested by the Contractor and approved by the Engineer in writing, material specified to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be converted to cubic yards (cubic meters) for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. Bituminous materials will be measured by the gallon (liter) or ton (kilogram). When measured by volume, such volumes will be measured at 60 F (15 C) or will be corrected to the volume at 60 F (15 C) using ASTM D 1250 for asphalts or ASTM D 633 for tars. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. GP-39 9/29/2007 AC 150/5370-IOC Cement will be measured by the ton (kilogram) or hundredweight (kilogram). Timber will be measured by the thousand feet board measure (M.F.B.M.) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Engineer in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of this section. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. Scales shall be accurate within one-half percent of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the inspector before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one -tenth of 1 percent of the nominal rated capacity of the scale, but not less than 1 pound (454 grams). The use of spring balances will not be permitted. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them. Scale installations shall have available ten standard 50-pound (23 kilogram) weights for testing the weighing equipment or suitable weights and devices for other approved equipment, Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales 'overweighing" (indicating more than correct weight) will not be permitted to operate, and all materials received subsequent to the last previous correct weighting -accuracy test will be reduced by the percentage of error in excess of one-half of I percent. In the event inspection reveals the scales have been "underweighing" (indicating less than correct weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project. When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If revised dimensions GP-40 i' - 9/29/2007 AC 150/5370-IOC result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials, for performing all work under the contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70. When the "basis of payment" subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications. 90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the Owner. Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or nonperform such contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. ' . In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. 90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. When the change order or supplemental agreement authorizing the extra work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials plus a negotiated and agreed upon allowance for overhead and profit. a. Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. h. Comparison of Record. The Contractor and the Engineer shall compare records of the cost of force account work at the end of each day. Agreement shall be indicated by signature of the Contractor and the Engineer or their duly authorized representatives. c. Statement. No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer with duplicate itemized statements of the cost of such force account work detailed as follows: (I) Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman. GP-41 9/29/2007 AC 150/5370-IOC (2) Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment. (3) Quantities of materials, prices, and extensions. (4) Transportation of materials. (5) Cost of property damage, liability and workman's compensation insurance premiums, unemployment insurance contributions, and social security tax. Statements shall be accompanied and supported by a receipted invoice for all materials used and transportation charges. However, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from his/her stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor. 90-06 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the work progresses. Said payments will be based upon estimates prepared by the Engineer of the value of the work performed and materials complete in place in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than five hundred dollars. From the total of the amount determined to be payable on a partial payment, 10 percent of such total amount will be deducted and retained by the Owner until the final payment is made, except as may be provided (at the Contractor's option) in the subsection titled PAYMENT OF WITHHELD FUNDS of this section. The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his/her option, as provided in the subsection titled PAYMENT OF WITHHELD FUNDS of this section, no such 10 percent retainage shall be deducted. When not less than 95 percent of the work has been completed, the Engineer may, at the Owner's discretion and with the consent of the surety, preparc an cstimate from which will be retained an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section. The Contractor shall deliver to the Owner a complete release of all claims for labor and material arising out of this contract before the final retained percentage or final payment is made. If any subcontractor or supplier fails to furnish such a release in full, the Contractor may furnish a bond or other collateral satisfactory to the Owner to indemnify the Owner against any potential lien or other such claim. The bond or collateral shall include all costs, expenses, and attorney fees the Owner may be compelled to pay in discharging any such lien or claim. 90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, GP-42 9/29/2007 AC 150/5370-IOC plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the Owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: a. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. b. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. e. The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. d. The Contractor has furnished the Owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. e. The Contractor has furnished the Owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at anytime prior to use in the work. It is understood and agreed that the transfer of title and the Owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his/her responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans, and specifications. In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection. 90-08 PAYMENT OF WITHHELD FUNDS. At the Contractor's option, he/she may request that the Owner accept (in lieu of the 10 percent retainage on partial payments described in the subsection titled PARTIAL PAYMENTS of this section) the Contractor's deposits in escrow under the following conditions. a. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the Owner. b. The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the Owner and having a value not less than the 10 percent retainage that would otherwise be withheld from partial payment. c. The Contractor shall enter into an escrow agreement satisfactory to the Owner. d. The Contractor shall obtain the written consent of the surety to such agreement. 90-09 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. OP-43 9/29/2007 AC 150/5370-IOC After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. END OF SECTION 90 GP-44 t_ I SPECIAL PROVISIONS SP-1 SCOPE OF WORK The work to be accomplished under these specifications, including the plans, consists of upgrades to the Flight Information Display System (FIDS) at the Lubbock Preston Smith International Airport, Lubbock, Texas, including but not limited to demolition of existing system, a new FIDS server, airline and operations workstations, fiber optic cable, Cat 6 cable, monitors, related display stands, FIDS software and other miscellaneous items. All labor, materials and equipment necessary to complete the work called for in these specifications and shown on the plans shall be furnished by the Contractor. Payment for the various items of work will be made as specified under the various payment paragraphs of the technical sections. SP-2 BASIS OF CONTRACT AWARD Award of this Contract will be made on the basis of the low, responsive, responsible bid, received in accordance with the General Instructions to Bidders, including the total BASE BID and any combination of ADDITIVE ALTERNATES based on the availability of funds. Additionally, the Contractor must demonstrate through references and past project experience that they have successfully constructed projects similar in scope. Specific requirements and qualifications are included in Section 16720 — Multi-user Flight Information Display System. Bids shall remain valid for 30 days following bid opening. SP-3 TIME AND ORDER OF COMPLETION The Contractor will be permitted to prosecute certain portions of the work in the order and manner of his own choosing to the best interest of the project. However, the work shall be conducted in such manner and with such materials, equipment and labor as may be required to insure completion in accordance with the plans and specifications within the time stated in the Proposal and in the Contract. The Contractor shall furnish the Engineer with his proposed progress schedule and this schedule shall be approved by the Engineer before work is commenced on the project. Other contractors may be performing work for the Owner in the same general area as that covered under this contract. The Contractor shall be expected to coordinate his work with the work of other contractors as may be required to insure that all work can be carried out with the least possible interference with the operation of other contractors or the Owner. The Contractor's coordination with other contractors shall require the approval of the Engineer. The Engineer reserves the right to control and direct the sequence of operations in the areas where others will be working. Provision shall be made for other contractors to have suitable space to work and for storage of materials, as we]I as access to these areas. The Contractor shall be responsible for scheduling and implementing the various separate construction operations involved in the construction of the improvements included in this project. Completion shall be within the time frames specified below. 01270107 SPECIAL PROVISIONS SP - I i 05/08 t, I4._. The Contractor will prepare and submit for review his recommended phasing/scheduling plan in accordance with the following general guidelines. Liquidated damages will be assessed for delayed completion in the following amounts per calendar day. Substantial Completion (120 days) $800 per calendar day Final Completion (30 days following substantial completion) $800 per calendar day This project will not require specific phases. NOTE: ALL DURATIONS ARE GIVIN IN CALENDAR DAYS. The entire length of the construction contract is 120 days for substantial completion and 150 days for final completion. The Contractor shall provide a proposed schedule in writing for approval by the Engineer and Owner. The Contractor shall schedule his work well in advance of actual operations and shall keep the Engineer advised of this schedule so that close coordination can be maintained with the Director of Aviation. SP-4 CALENDAR DAY Time for completion of the project and for liquidated damages shall be in accordance with the provisions of these specifications. A calendar day is defined as every day shown on the calendar. 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. The Contractor shall take all precautions necessary to insure the safety of operating aircraft and their passengers as well as that of his own equipment and personnel. Special considerations shall be given to flight schedules and other aircraft operations. The Contractor shall obey all instructions as to routes to be taken by equipment and patrons traveling within the airport area. Within the Airport Operations Area (AOA), the Contractor shall provide all such equipment with a flag on a staff so attached to the equipment that the flag will be readily visible. The flag shall be not less than three feet square consisting of a checkered pattern of international orange and white squares of not less than one foot on each side. During nighttime work, the Contractor shall provide such equipment with approved flashing lights so attached to the equipment that the lights will be readily visible. The Contractor shall make his own estimate of all difficulties to be encountered. Equipment not actually in operation shall be kept clear of landing areas; personnel shall not enter areas of the airport where aircraft are operating without specific permission. Nighttime construction activities will not be permitted without the prior approval of the Engineer. 01270107 SPECIAL PROVISIONS SP - 2 05/08 All operations shall be coordinated, through the Engineer, with the Director of Aviation, to the end that no interference with aircraft traffic on active runways, taxiways or aprons will result from the operations of the Contractor. Construction activities will not be allowed within the safety area of any active runway. Construction activities will be allowed within the safety area of an active taxiway only after approval of the Owner and the Engineer and only with proper barricading, lighting, and construction procedures in place. The Contractor shall, at a minimum, use the procedures required in AC 150/5370-2E for construction within a taxiway or taxilane safety area. The Contractor shall maintain flagmen, as may be required, to direct his construction traffic if it becomes necessary for such traffic to cross or travel along any active taxiway or runway. Traffic shall be directed away from these facilities whenever possible and no traffic shall ever cross an active runway or taxiway without having proper clearance from the control tower. Trenches, "drop offs" and manhole excavations within the limits of the safety area of any airfield paving shall be backfilled as outlined in these specifications by the end of the work day or work period. Excavations outside the safety areas of any active airfield paving shall be barricaded as outlined in these specifications to the satisfaction of the Engineer by the end of each work day or work period. All excavations shall be backfilled as soon as practicable. No open excavations shall be allowed within the safety area of any active airfield pavement unless otherwise approved by the Owner and the Engineer. The FAA considers any deviation of more than 3-inches above or below the existing grade to be a hazard to aircraft operations. The FAA may issue warnings or fine the Airport for these violations. Such fines as may be handed out by the FAA as a result of the Contractor's activities shall be considered the Contractor's responsibility, and shall be promptly paid by the Contractor, at his sole expense. The Contractor shall schedule his work well in advance of actual operations and shall keep the Engineer advised of this schedule so that close coordination can be maintained with the Director of Aviation. Aprons, runways and taxiways will be closed as required for proper execution of the work as provided in above paragraphs. The _ Contractor shall exert every effort to maintain the safety of aircraft traffic and shal l acquaint himself with the rules and regulations concerning aircraft traffic safety. Violations of the safety rules by the Contractor's workmen shall result in the discharge of such men in accordance with the General Conditions. Continued violations of safety rules and regulations by the Contractor, after having been notified of such violations by the Engineer, shall constitute grounds for suspending the Contractor's operations until steps are taken that will insure a safe operation. The Contractor shall provide an area for parking all equipment not being used for construction purposes, and for parking of employee vehicles. This area shall be located away from the operational area of the airport in an area approved by the Engineer and the Director of Aviation. No unauthorized employees or unauthorized vehicles will be allowed within the operational area of the airport. Hauling routes shall not be along or across any paved airport street, road, apron, taxiway or runway without specific written authorization from the Engineer and the Director of Aviation. Any damage incurred by the Contractor's equipment shall be repaired by and at the expense of the Contractor, and as required by the Engineer and the Director of Aviation. 01270107 SPECIAL PROVISIONS SP - 3 05/08 The Contractor shall not permit water to stand in any excavation adjacent to existing pavements. To insure compliance with this requirement the Contractor shall maintain at the site not less than two dewatering pumps in good working condition at all times that any excavation adjacent to existing pavements is open. No work other than dewatering operations will be permitted on the project at any time water is standing in open excavations. The Contractor shall maintain the pavement surfaces 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 phasing plan it will be discussed, reviewed and approved or modified at this meeting, SP-6 AIRPORT OPERATIONS SECURITY SP-6.1 General Airport security is a vital part of 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 Airport Police Department (LBBPD) and the Federal Aviation Administration (FAA) shall be followed by the Contractor and the Contractor's employees, subcontractors, suppliers and representatives at all times during the execution of this project. The Contractor shall be directly responsible for any and all fines or penalties levied against the Airport as a result of any breach of security or safety caused by the Contractor or the Contractor's employees, subcontractors, suppliers or representatives. SP-6.2 Airport Operations Area (AOA) The Airport operations area (AOA) shall be defined as any portion of the Airport property normally secured against unauthorized entry. The AOA includes all areas specifically reserved for the operations of aircraft and aircraft support equipment and personnel. Generally, the AOA is defined by the Airport's outer security fencing and other security measures at the Airport terminal building. Portions of this project will require the Contractor to work inside the secure side of the terminal building. SP-6.3 LBBPD-Issued Security Badges The Contractor shall be responsible for obtaining a photo -identification security badge issued by the LBBPD for each supervisor or foreman of each work crew working within the AOA. The Contractor shall obtain LBBPD security badges for at least one member of each work crew working in separate areas of the AOA. It is the intent of these specifications that all individuals responsible to the Contractor, including the Contractor's employees, subcontractors, suppliers or representatives, either obtain and display an LBBPD security badge, or obtain and display a Contractor -issued identification badge, as specified below, AND be escorted or directly supervised by an individual displaying a current LBBPD security badge. 01270107 SPECIAL PROVISIONS SP - 4 05/08 The Contractor may obtain LBBPD security badges from the Lubbock Preston Smith International Airport Police Department at the Lubbock Preston Smith International Airport. The LBBPD reserves the right to limit the number of security badges issued to the Contractor. The LBBPD will charge the Contractor a thirty dollar ($30.00) fee for each security badge issued. An additional fee will be charged, as noted later in this section, for lost or destroyed badges. The LBBPD security badges shall be worn in an easily visible location on the person issued the badge at all times while working within the AOA. The badge holder shall be familiar with and shall obey all security and safety rules and regulations. The LBBPD security badge may be confiscated and all security rights revoked by the LBBPD upon the breach of any security or safety regulations at the discretion of the LBBPD. The holder of an LBBPD security badge shall surrender the badge at the completion of this project, upon transfer or termination of employment, or at any other time at the request of the LBBPD. The Contractor shall conduct a background check of each applicant for an LBBPD security badge utilizing standard background check forms provided by the LBBPD. The Contractor shall be responsible for completing the required forms, and for submitting the forms to the LBBPD for their review as early in the project as possible to avoid any construction delays. Forms for completing the required background check shall be available through the Director of Aviation's office after award of the project. The background check shall show proof of a minimum five (5) year employment record and will be reviewed by the LBBPD. The LBBPD shall be responsible for reviewing the background checks. Only persons whose application is approved by the LBBPD shall be issued security badges. The LBBPD reserves the right to bar from the AOA any individuals found by the background check to be, in the opinion of the LBBPD, a risk to AOA security or safety. At the completion of this project, the Contractor shall return all LBBPD-issued security badges to the LBBPD. The LBBPD will charge an additional one hundred dollar ($100.00) fee for 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. 01270107 SPECIAL PROVISIONS SP - 5 05/08 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 tennination of the holder's employment, completion of construction activities, or other reasons, shall be confiscated by the Contractor and retained by the Contractor until the end of the project. It shall be the Contractor's responsibility to record and account for all Contractor -issued identification badges. All identification badges issued by the Contractor during the project and the records of said badges shall be transferred to the possession of 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 securi1y badge or a Contractor -issued identification badge at all times. All individual employees, subcontractors, suppliers or representatives, or groups of employees, subcontractors, suppliers or representatives, must be escorted or directly supervised by an individual bearing a valid 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 If deemed necessary, 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. Adjacent to the Contractor's entrance gate, outside the AOA, the Contractor shall provide a parking area for the Contractor's employee's personal automobiles. The limits of this parking/storage area shall be as directed by the Engineer. At the completion of this project, any damage done by the Contractor to this area shall be repaired to the satisfaction of the Engineer at no additional cost to the Owner. Repairs shall include, but not be limited to, regrading and reseeding or repaving any damaged areas. The Contractor shall be responsible for, and shall control all movement through the Contractor's entrance gate. Only authorized personnel and vehicles shall be allowed to enter the AOA through this gate. When not in immediate use by the Contractor, the gate shall be securely locked by the Contractor to prevent entrance by unauthorized persons or vehicles. Upon request, the Contractor shall provide the Director of Aviation and the LBBPD with duplicate keys (for key locks) or combinations (for combination locks) to the lock or locks used to secure the Contractor's entrance gate to the AOA. If construction activities, such as hauling materials, require that the Contractor's entrance gate to the AOA remain open for long periods of time, the Contractor may, upon approval from the Engineer, leave the gate open and provide a full-time watchguard at the gate. The watchguard shall be approved for and shall possess an LBBPD-issued security badge. If this security arrangement is desired and approved, the gate shall be manned by the watchguard as long as the gate remains open. The watchguard shall be the Contractor's representative and shall be responsible for all movement through the gate. Again, only authorized persons and vehicles shall be allowed by the Contractor's watchguard to enter the AOA. At the Contractor's option, and upon approval of the Engineer, an automatic gate operator may be installed in lieu of providing a watchguard. 01270107 SPECIAL PROVISIONS SP - 6 05/08 L t,. SP-6.6 Vehicle Escorts .- All vehicles responsible to the Contractor, such as supplier's vehicles, entering the AOA shall be escorted by an approved Contractor escort vehicle from the point of AOA entry to the construction site. The escort vehicle shall be clearly identified with standard FAA markings and/or FAA flags. In addition, the escort vehicle shall be marked with the Contractor's name. The escort vehicle will be responsible for leading supply, delivery or other vehicles across the active airfield. To facilitate safe movement of the escort vehicle and the escorted vehicles, the driver of the escort vehicle shall be approved for, shall be issued, and shall display an LBBPD security badge. Further, the escort vehicle driver shall be familiar with airport security and safety procedures. The escort vehicle shall be equipped with an FAA radio, as specified herein, and the driver of the escort vehicle shall be familiar with the FAA radio and its operation, and shall obey all instructions from the Air Traffic Control Tower. SP-6.7 Challenging Unauthorized Personnel or Vehicles The Contractor and the Contractor's employees, subcontractors, suppliers, and representatives who have been issued an LBBPD security badge shall be responsible for challenging any person or vehicle found on the AOA or other non-public areas who is not displaying a valid LBBPD security badge, or who cannot produce a valid LBBPD security badge, or who is not under escort or _a under the direct supervision of a person possessing a valid LBBPD security badge. The challenge shall consist of notifying the person that he is within a restricted area, and informing the person of an appropriate exit route. Should the unauthorized person refuse to exit the restricted area, the LBBPD shall be immediately notified for further action, and the unauthorized person shall be kept under surveillance ` until the LBBPD arrive. 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 sixty (60) 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. 01270107 SPECIAL PROVISIONS SP - 7 05/08 iI C The top of the crane or other hoisting device shall be marked with a 3-foot by Moot 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 CONTRACTOR'S PLANT SITE, STORAGE AND OFFICE AREA(S) The Contractor shall make his own provisions for plant site, storage and office areas. If the Contractor desires to utilize an on -airport location, arrangements must be made with the Director of Aviation. The following specific requirements apply to on -airport plant site, storage and office areas. 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. 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. Any areas occupied by the Contractor and his forces will be required to be completely restored by the Contractor, at his expense, including but not limited to (1) regrading disturbed areas; (2) complete removal of debris or any other material brought onto the site by the Contractor; (3) complete replacement of topsoil, turf, asphalt pavement, concrete slabs or drives, etc, that is worn, deteriorated or damaged during the period the Contractor and his forces occupy the area. All restoration shall be to the satisfaction of the Director of Aviation. 4. Prior to moving into an unpaved area, the Contractor shall remove and stockpile a minimum of 6-inches of existing topsoil. After completion of the project and after clearing the site of materials, equipment and debris, the Contractor shall replace, spread and grade the salvaged topsoil, followed by seeding and fertilizing. All restoration activities shall be accomplished in accordance with applicable technical specifications of these documents. 6. No direct payment will be made to the Contractor for restoring plant site, storage or office areas. 01270107 SPECIAL PROVISIONS SP - 8 05/08 i SP-8 PROTECTION OF PROPERTY The Contractor shall exercise care to prevent damage to all structures, either above or below ground, including buildings, fences, pipelines, utilities, roads, etc., whether publicly or privately owned and including work performed by others. The Contractor shall be responsible for locating all underground facilities that might be damaged by the proposed construction. The Contractor shall be responsible for all damage done to either public or private property during the course of construction except as specifically provided otherwise in these specifications. Various existing underground utilities and structures are shown on the plans. Their locations are believed to be reasonably accurate but are not guaranteed. Though an effort has been made to locate and ri mark, on the plans, all underground utilities, the Contractor is herein warned that unmarked utilities may exist within the construction area. Prior to construction, the Contractor shall coordinate his activities with all utility owners or locate companies in our region; examples include: Dig Tess, the City of Lubbock, Republic Parking, local utilities, FAA Facilities and LBB Operations at Lubbock Preston Smith rli�International Airport. SP-9 ELECTRIC POWER AND NATURAL GAS The Contractor shall make his own provisions for his electrical, natural gas and other fuel requirements and shall pay for electricity, gas or fuel consumed during the construction of the project. The Contractor shall construct his own service lines and such construction shall be in strict accordance with all applicable codes and laws. SP-10 LINES AND GRADES If applicable, the Contractor will be responsible for laying out the work from existing paving and structures. The Engineer will check grade control and major layouts at his discretion, but this check will ' not relieve the Contractor of his responsibility of correctly locating line and grade in accordance with the plans and specifications. The Engineer will take all measurements necessary for the determination of the amount of work performed under the various items for which payment is provided. Whenever necessary, work will be suspended to permit this work, but such suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation therefor. The Contractor shall satisfy himself as to the accuracy of all measurements before constructing any permanent structure and shall not take advantage of any errors which may have been made in laying out ... the work. Such stakes and markings as the Engineer may set for either his own or the Contractor's guidance shall be scrupulously preserved by the Contractor. In case of negligence on the part of the Contractor or his employees, resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing t^u. same may be deducted from subsequent estimates due the Contractor, at the discretion of the Engineer. 01270107 SPECIAL PROVISIONS SP - 9 05/08 1 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 Owner 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 furnish approved material from another source. SP-13 BARRICADES, SIGNS AND HAZARD MARKINGS The Contractor shall provide, erect, and maintain all necessary barricades, signs, danger signals, and lights for the protection of the work and the safety of the public for both land and air traffic. Before closing existing 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 or aprons closed to traffic shall be protected by effective barricades. Spacing of barricades shall be as directed by the Engineer. Barricades for aprons closed to traffic shall consist of heavy duty barricades with reflective striping and a flashing light on each end as shown in detail on the plans. Barricades shall be spaced with no more than 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 at night. The proper illumination of obstructions is critical to the safe operation of aircraft on the Airport. All warning lights shall be equipped with photocell controls to automatically turn on the lights at night and turn them off at daytime. The lights shall be checked daily by the Contractor to assure that batteries or Bower 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 01270107 SPECIAL PROVISIONS SP - 10 05/08 ' Engineer may suspend work on the project if the Contractor's warning lights are not maintained in an acceptable manner. A twenty-five dollar ($25.00) charge will be assessed the Contractor for each light, per day, found to be inoperative by Owner's personnel or representatives. SP-14 PREVENTION OF AIR AND WATER POLLUTION As applicable, the Contractor is responsible for compliance with the code of federal regulations for storm water pollution prevention associated with construction activities. Such compliance includes, but is not limited to preparation of the Storm Water Pollution Prevention Plan (SWPPP), filing of notice of intent (including filing of an NOI for the Owner as an Operator), the installation and maintenance of sediment control measures and the filing of the Notice of Termination as applicable. Federal regulation number 62FR29785, NPDES stormwater construction, general permit. SP-15 PROGRESS SCHEDULE ., Within ten (10) days after award of the contract, the Contractor shall submit a progress schedule for the project. The progress schedule shall be prepared in a form suitable to the Engineer and shall show the proposed starting and completion dates for each phase of construction and each item of work within each phase. The progress schedule shall include a "Percent Complete Curve", with the monthly amount, cumulative amount and cumulative percent. The progress schedule, when submitted in suitable form and .µ provided the schedule indicates certain completion of the project within the time specified, will be approved in writing by the Engineer. Revision or changes in the approved progress schedule may be made only with approval of the Engineer. SP-16 PUBLIC CONVENIENCE AND SAFETY Materials stored on the airport shall be so placed and the work shall, at all times, be so conducted as to cause no greater obstruction to the air and ground traffic than is considered necessary by the Engineer. In protecting operational areas, the minimum clearances maintained for runways shall be in agreement with Part 77 of the Federal Aviation Regulations. During construction of the project, the Contractor shall also maintain operational safety on the Airport in accordance with FAA's Advisory Circular 150/5370-2E, "Operational Safety on Airports During Construction," included in the Appendix of these Specifications. No runway, taxiway, apron or roadway shall be closed or opened except by express permission from the Engineer or Director of Aviation. The Contractor shall be responsible for maintaining the pavement free of all rocks, gravel, dirt and other debris in areas where hauling is permitted on or across any active apron, runway or taxiway, or in areas temporarily closed which are subject to opening on short notice. All rocks, gravel, dirt or other debris shall be removed immediately by the Contractor. SP-17 FINAL CLEANING UP As each intermediate phase of work is completed and prior to opening any portion of the project, the Contractor shall be responsible for cleaning the construction site and adjacent pavement as specified above. 01270107 SPECIAL PROVISIONS SP - I I 05/08 I Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus, and discarded materials, rubbish and temporary structures. Material cleared from the site and deposited on property adjacent, will not be considered as being disposed of satisfactorily. The cost of the "Cleanup" shall be included as a part of the s cost of the various items of work involved, and no direct compensation will be made for this work. SP- l 8 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 famished proof of same to the Owner, and the Owner shall have approved same. This includes all insurance related to subcontractors. 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 and properly terminated as directed by the Engineer or utility Owner. Unless specified in the proposal, this work shall not be paid for separately but shall be considered as subsidiary obligation of the Contractor covered under other contract items. All material found on the airport or removed therefrom shall remain the property of the Owner, unless otherwise indicated. All materials and debris specified to be disposed of by the Contractor shall become the property of the Contractor and shall be properly disposed of off the airport property by the Contractor. SP-20 CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS Finished surfaces shall conform to the lines, grades, cross sections and dimensions. Any deviation from the plans which may be required by the exigencies of construction shall be determined by the Engineer and authorized by him in writing. SP-21 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK All work which has been rejected or condemned shall be repaired or, if it cannot be satisfactorily repaired, removed and replaced at the Contractor's expense. Materials not conforming to the requirements of the specifications shall be removed immediately from the site of the work and replaced with satisfactory material by the Contractor at his expense. 01270107 SPECIAL PROVISIONS SP - 12 05/08 ' Work done beyond that shown on the plans, or as given, except as herein provided, work done without proper inspection, or any extra or unclassified work done without written authority and prior agreement in writing as to prices, will be done at the Contractor's risk and will be considered unauthorized and, at the option of the Engineer, may not be measured and paid for and may be ordered removed and replaced at the Contractor's expense. Upon the failure of the Contractor to repair satisfactorily or to remove and replace, if so directed, rejected, unauthorized, or condemned work or materials immediately after receiving formal notice from the Engineer, the Owner may recover for such defective work or materials on the Contractor's bond, or by action in a court having proper jurisdiction over such matters, or may employ labor and equipment and satisfactorily repair or remove and replace such work and charge the cost of the same to the Contractor, which cost will be deducted from any money due him. SP-22 DISPUTED CLAIMS FOR EXTRA WORK In case the Contractor deems extra compensation is due him for work on materials not clearly covered in the contract, or not ordered by the Engineer as an extra, the Contractor shall notify the Engineer in writing of his intention to make claim for such extra compensation before he begins the work on which he bases the claim and shall afford the Engineer every facility for keeping actual cost of the work. Failure on the part of the Contractor to give such notification or to afford the Engineer proper facilities for keeping strict account of actual costs shall constitute a waiver of the claim for such extra compensation. The filing of such notice by the Contractor and the keeping of costs by the Engineer shall not in any way be construed to prove validity of the claim. When the work has been completed, the Contractor shall within 10 days file his claim for extra compensation with the Engineer, who will present it to the Owner for consideration. SP-23 INDEMNIFICATION The Contractor shall indemnify and hold harmless and defend the Owner, Engineer and all of the Owner's officers, agents and employees from all suits, actions, claims, damages, personal injuries,losses, property damage and expenses of any character whatsoever, including attorney's fees, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act of the Contractor, their agents or employees, or any subcontractor, in the execution, supervision and operations growing out of or in any way connected with the performance of this contract, and the Contractor will be required to pay any judgment with costs which may be obtained against the Owner, Engineer or any of its officer, agents or employees, including attorney's fees. The Contractor shall indemnify and hold harmless and defend the Owner, Engineer and all of the Owner's officers, agents and employees from all suits, actions, claims, damages, personal injuries, property damage, losses and expenses of any character whatsoever, including attorney's fees, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any claimed negligent act of the Owner, Engineer, the Owner's officers, agents and employees, whether such negligent act was the sole proximate cause of the injury or damage or a proximate cause jointly and concurrently with the Contractor or the Contractor's employees, agents or subcontractors negligence, in the execution, supervision and operations growing out of or in any way connected with the performance of this contract, and the Contractor will be required to pay any judgment with costs which may be obtained against the Owner, Engineer or any of its officers, agents or employees, including attorney's fees. 01270107 SPECIAL PROVISIONS SP - 13 05/08 pp; 1 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-24 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-25 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-26 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. SP-27 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 attention to such deviations at the time of submission nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. 01270107 SPECIAL PROVISIONS SP - 14 05/08 Ir SP-28 ENGINEER Whenever the word Engineer is used in this contract, it shall be understood as referring to Parkhill, Smith & Cooper, Inc., Consulting Engineers, Lubbock, Midland, Odessa, Amarillo and El Paso, Texas, Engineer of the Owner, or such other Engineer, Supervisor or Inspector as may be authorized by said Owner to act in any particular. SP-29 ENGINEER'S FIELD OFFICE An Engineer's field Office will not be required on this project. SP-30 PROGRESS MEETINGS A regularly scheduled progress meeting will be held not less than every two weeks and at other times as required by the progress of the work. The Contractor, Owner, Engineer and all Subcontractors active on the site shall be represented. The Engineer shall coordinate and preside at the meetings and provide for keeping and distributing minutes of the meetings. The purpose of the meetings shall be to review the progress of the work, maintain coordination of efforts, discuss scheduling and resolve any problems relating to the work. SP-31 RESCUE AND FIREFIGHTING PROVISION The Owner and the Engineer shall be notified in writing at least seventy-two (72) hours in advance if any water line or fire hydrant will be out of service. Seventy-two (72) hour advance notification shall also be provided prior to performing any work that may close or affect an emergency rescue and firefighting route. SP-32 CRANE AND OVERHEAD EQUIPMENT SAFETY The Contractor shall strictly comply with all requirements of the Occupational Safety and Health Administration (OSHA) — OSHA 1926.550 (a) (15) when operating cranes and overhead equipment in the vicinity of overhead power lines. The Contractor shall also determine whether any crane or other tall equipment merits the filing of an FAA Form 7460. 01270107 SPECIAL PROVISIONS SP - 15 05/08 Lubbock Preston Smith International Airport FIDSBIDS SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.1 SUMMARY A. The owner is: Lubbock Preston Smith International Airport, Administrative Office, 2"d Floor, 5401 N MLK Jr. Blvd, Unit 389, Lubbock, TX 79403. B. Section Includes: 1. Project description. 2. Scheduling of Work. 3. Definitions. 4. Regulatory requirements. 5. Access to the site. 6. Meeting requirements. 7. Security. 8. Coordination. 9. Warranty. 1.2 PROJECT DESCRIPTION A. The project consists of upgrade and improvements to the Flight Information Display System (FIDS). 1. Demolition of the existing system and monitors. 2. Installation of a new FIDS server and related software. 3. Installation of new airline and operation workstations. 4. Installation of new fiber optic cable. 5. Installation of new Cat 6 cable. 6. New FIDS monitors. 7. New FIDS Display stands. 8. Miscellaneous related items. 9. As shown in contract documents prepared by Parkhill, Smith and Cooper, Inc., 4222 85th Street, Lubbock, Texas 79423. 1.3 SCHEDULING OF WORK Liquidated damages will be assessed for delayed completion in the following amounts per calendar day beyond substantial and final completion. Substantial Completion (120 days after NTP) $800 per calendar day Final Completion (30 days after substantial completion) $800 per calendar day 01270107 05/08 SUMMARY OF WORK 01010 - 1 �.1 I Lubbock Preston Smith International Airport FIDSBIDS 1.4 DEFINITIONS A. Furnish: To supply products to the project site, including delivering ready for unloading and replacing damaged and rejected products. B. Install: To put products in place in the work ready for the intended use, including unloading, unpacking, handling, storing, assembling, installing, erecting, placing, applying, anchoring, working, finishing, curing, protecting, cleaning, and similar operations. C. Provide: To furnish and install products. D. Indicated: Shown, noted, scheduled, specified, or drawn, somewhere in the contract documents. 1.5 REGULATORY REQUIREMENTS A. Submit copies of all permits, licenses, and similar permissions obtained, and receipts for fees paid, to the owner directly. 1.6 ACCESS TO THE SITE AND USE OF THE PREMISES A. The space available to the Contractor for the performance of the work, either exclusively or in conjunction with others performing other construction as part of the project, is restricted to the area shown on the site plan of the contract drawings unless the Contractor makes arrangements to use additional space with Lubbock Preston Smith International Airport Director of Aviation. B. Signs: Provide signs adequate to direct visitors when work impacts public areas. 1. Do not install, or allow to be installed, signs other than specified sign(s) and signs identifying the principal entities involved in the project. PART2-PRODUCTS Not Used. PART 3 - EXECUTION 3.1 PRE -AWARD MEETING A. A pre -award meeting will be held at a time and place designated by the Owner, for the purpose of discussing the project with the apparent low bidder, to insure that the bidder fully understands and can comply with the requirements of the project. 3.2 PRECONSTRUCTION MEETING A. A preconstruction meeting will be held at a time and place designated by the Owner, for the purpose of identifying responsibilities of the owner's and the Engineer's personnel and explanation of administrative procedures. B. The Contractor shall also use this meeting for the following minimum agenda: 1. Construction schedule. 2. Use of areas of the site. 3. Delivery and storage. 01270107 SUMMARY OF WORK 01010 - 2 05/08 Lubbock Preston Smith International Airport FiDSBIDS 4. Safety. 5. Security. 6. Cleaning up. 7. SubContractor procedures relating to: a. Submittals. b. Change orders. C. Applications for payment. d. Record documents. 8. FAA requirements C. Attendees shall include: 1. The owner. 2. The Engineer and any consultants. r 3. The Contractor and its superintendent. 4. Major subcontractors, suppliers, and fabricators. 5. Others interested in the work. 3.3 SECURITY PROCEDURES A. Limit access to the site to persons involved in the work. B. Provide secure storage for materials for which the owner has made payment and which are stored on site. C. Secure completed work as required to prevent loss. D. Secure this site by means of fencing, security guards or other means to prevent damage, theft, safety hazards or other problems on the site. E. See the Supplementary Conditions. 3.4 COORDINATION A. If necessary, inform each party involved, in writing, of procedures required for coordination; include requirements for giving notice, submitting reports, and attending meetings. 1. Inform the owner when coordination of his work is required. 2. Inform utility owners when coordination of their work is required. B. See other requirements in other portions of the contract documents. C. Prepare the coordination drawings specified in product sections. 1. Where space is limited, show plan and cross-section dimensions of space available, including structural obstructions and ceilings as applicable. 2. Coordinate shop drawings prepared by separate entities. 3. Show installation sequence when necessary for proper installation. 01270107 SUMMARY OF WORK 01010 - 3 05/08 i Lubbock Preston Smith International Airport FIDSBIDS 3.5 WARRANTY A. Contractor shall warrant 100 percent of the project for one (1) year after the date of final acceptance of the work. Certain components of this project may require an extended warranty. Those warranties are explained in individual specification sections. B. On the eleventh month from the date of final acceptance, Owner's Representative will schedule an annual Inspection with the presence of the Contractor to inspect for defects and assessment of the work performed. Any work that is considered defective by the Owner's Representative will be repaired. C. Contractor shall remedy any defects in workmanship, and pay for any and all damages of any nature whatsoever resulting in defects at no cost to the Owner. END OF SECTION 01270107 05/08 SUMMARY OF WORK 01010 - 4 Lubbock Preston Smith International Airport FIDS/BIDS SECTION 01025 MEASUREMENT AND PAYMENT PART1-GENERAL The bid price on each item, as stated in the proposal, shall include furnishing all labor, superintendence, machinery, equipment, and materials necessary or incidental to complete the various items of work in accordance with the plans and specifications. Cost of work or materials shown on the plans or called for in the specifications and for which no separate payment is made shall be included in the prices on the various items. 1.1 BASE BID Payment will be made for constructing the base bid items as shown on the plans and as defined in the Specification on a lump sum basis. Prior to the start of construction, the Contractor shall prepare and submit an itemized schedule of values for approval by the Engineer. The approved schedule of values will be the basis for monthly progress payments. The price for the base bid work shall include all mobil ization/demobilization, equipment, labor, materials, superintendence and all incidentals necessary to complete the project as specified. 1.2 ADDITIVE ALTERNATE 1: FAILOVER SYSTEM, INCLUDING SERVER, SOFTWARE Payment will be made for providing and installing the failover system, including server and software, as shown on the plans and as defined in the Specification, on a lump sum basis. Prior to the start of construction, the Contractor shall prepare and submit an itemized schedule of values for approval by the Engineer. The approved schedule of values will be the basis for monthly progress payments. The price for Additive Alternate 1 shall include all equipment, labor materials, superintendence and all incidentals necessary to complete the additive alternate as l specified. 1.3 ADDITIVE ALTERNATE 2: CONNECTION OF EXISTING LED DISPLAYS, CLOCKS AND KEYPADS Payment will be made for connecting existing LED displays, clocks and keypads to the new FIDS system, as shown on the plans and as defined in the Specification, on a lump sum basis. Prior to the start of construction, the Contractor shall prepare and submit an itemized schedule of values for approval by the Engineer. The approved schedule of values will be the basis for monthly progress payments. The price for Additive Alternate 2 shall include all equipment, labor materials, superintendence and all incidentals necessary to complete the additive alternate as specified. 1.4 ADDITIVE ALTERNATE 3: TAXICAB DISPLAY INSTALLATION Payment will be made for extending service to, and installing a FIDS display monitor at the taxi stand, as shown on the plans and as defined in the Specification, on a lump sum basis. Prior to the start of construction, the Contractor shall prepare and submit an itemized schedule of values for approval by the Engineer. The approved schedule of values will be the basis for monthly progress payments. The price for Additive Alternate 3 shall include all equipment, labor materials, superintendence and all incidentals necessary to complete the additive alternate as specified. 01270107 MEASUREMENT AND PAYMENT 01025 -1 05/08 Lubbock Preston Smith International Airport FIDS/BIDS 1.5 ADDITIVE ALTERNATE 4: VISUAL PAGING APPLICATION Payment will be made for providing and installing a visual paging application on the new FIRS system, as specified, on a lump sum basis. The price for Additive Alternate 4 shall include all equipment, labor, materials, superintendence and all incidentals necessary to complete the additive alternate as specified. 1.6 ADDITIVE ALTERNATE 5: WEB INTEGRATION AND SYSTEM MONITORING SOFTWARE Payment will be made for providing and installing MUFIDS software for generating and distributing the flight information data in HTML format to the Airport's existing website. Payment will also be made for providing and installing a continuous monitoring application. Payment for these two features will be made on a lump sum basis. Prior to the start of construction, the Contractor shall prepare and submit an itemized schedule of values for approval by the Engineer. The approved schedule of values will be the basis for monthly progress payments. The price for Additive Alternate 5 shall include all equipment, labor materials, superintendence and all incidentals necessary to complete the additive alternate as specified. 1.7 ADDITIVE ALTERNATE 6: ADDITIONAL 40-INCH DISPLAY AND DDC Payment will be made for providing a backup 40-inch display and device display controller, as specified, on a lump sum basis. The price for Additive Alternate 6 shall include all equipment, labor, materials, superintendence and all incidentals necessary to complete the additive alternate as specified. 1.8 ADDITIVE ALTERNATE 7: ADDITIONAL 2-YEAR SERVICE AGREEMENT Payment will be made for providing an additional 2 years of warranty service and support, over and above the standard 12-month warranty, on a lump sum basis. Payment for the additional 2 years of warranty service and support will be made as part of the final application for payment. The price for Additive Alternate 7 shall include all equipment, labor, materials, superintendence and all incidentals necessary to complete the additive alternate as specified. 1.9 ADDITIVE ALTERNATE 8: PROVIDE AND INSTALL WORKSTATION IN THE AIRPORT ADMIN OFFICE Payment will be made for providing and installing a workstation in the Airport admin office, as shown on the plans, on a lump sum basis. Prior to the start of construction, the Contractor shall prepare and submit an itemized schedule of values for approval by the engineer. The approved schedule of values will be the basis for monthly progress payments. The price for Additive Alternate 8 shall include all equipment, labor, materials, superintendence and all incidentals necessary to complete the additive alternate as specified. 1.10 IOBSITE CLEANUP Site cleaning will be considered subsidiary to all other bid items. No separate payment will be made. 01270107 MEASUREMENT AND PAYMENT 01025 - 2 05/08 : Lubbock Preston Smith International Airport FIDSBIDS PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01270107 MEASUREMENT AND PAYMENT 01025 - 3 05/08 Lubbock Preston Smith International Airport FIDSBIDS SECTION 01027 APPLICATIONS FOR PAYMENT PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division-1 Specification Sections, apply to this Section. 1.2 SECTION INCLUDES A. Administrative and procedural requirements governing the following: 1. Contractor's Applications for Payment. 2. Schedule of Values 1.3 RELATED SECTIONS A. Section 01300 - Submittals: Submittal procedures, photographs or video. B. Section 01700 - Project Closeout: Final payment. 1.4 SCHEDULE OF VALUES A. Coordinate preparation of the Schedule of Values with preparation of the Contractor's Construction Schedule. 1. Correlate line items in the Schedule of Values with other required administrative schedules and forms, including: a. Contractor's construction schedule. b. Application for Payment form. C. List of subcontractors. d. Schedule of allowances. e. Schedule of alternates. f. List of principal suppliers and fabricators. g. Schedule of submittals. 2. Submit the Schedule of Values to the Engineer at the earliest feasible date, but in no case later than 14 days after "Notice to Proceed". B. Format and Content: Use the Project Manual Bid Form as a guide to establish the format for the Schedule of Values. 1. Identification: Include the following Project identification on the Schedule of Values: a. Project name and location. b. Name of the Engineer. C. Project number. d. Contractor's name and address. e. Date of submittal. 2. Arrange the Schedule of Values in a tabular form with separate columns to indicate the following for each item listed: a. Item name. b. Units of Measurement. 01270107 APPLICATIONS FOR PAYMENT 01027 - 1 05/08 Lubbock Preston Smith International Airport FIDSBIDS C. Plan Quantity. d. Plan Amount. e. Percent Complete. f. Amount Complete to Date. g. Change Orders (numbers) that have affected value. 3. Round amounts off to the nearest whole dollar; the total shall equal the Contract Sum. 4. For each part of the Work where an Application for Payment may include materials or equipment, purchased or fabricated and stored, but not yet installed, provide separate line items on the Schedule of Values for initial cost of the materials, for each subsequent stage of completion, and for total installed value of that part of the Work. 5. Schedule Updating: Update and resubmit the Schedule of Values when Change Orders or Construction Change Directives result in a change in the Contract Sum. Individually list approved change orders on schedule of values and application for payment. 1.5 APPLICATIONS FOR PAYMENT A. Each Application for Payment shall be consistent with previous applications and payments as certified by the Engineer and paid for by the Owner. 1. The initial Application for Payment, the Application for Payment at time of Substantial Completion, and the final Application for Payment involve additional requirements. B. Payment Application Times: The date for receipt of each progress payment shall be received by the Engineer prior to last day of each month. The period of construction Work covered by each Application for Payment is one month. C. Payment Application Forms: Use ALA Document G 702 and Continuation Sheets G 703 as the form for Application for Payment. D. Application Preparation: Complete every entry on the form, including. notarization and execution by person authorized to sign legal documents on behalf of the Owner. Incomplete applications will be returned without action. 1. Entries shall match data on the Schedule of Values and Contractor's Construction Schedule. Use updated schedules if revisions have been made. 2. Include amounts of Change Orders and Construction Change Directives issued prior to the last day of the construction period covered by the application. E. Transmittal: Submit 5 executed copies of each Application for Payment to the Engineer by means ensuring receipt within 24 hours; one copy shall be complete, including waivers of lien and similar attachments, when required. 1. Transmit each copy with a transmittal form listing attachments, and recording appropriate information related to the application in a manner acceptable to the Engineer. F. Waivers of Mechanics Lien: With each Application for Payment submit waivers of mechanics liens from subcontractors or sub- subcontractors and suppliers for the construction period covered by the previous application. 1. Submit partial waivers on each item for the amount requested, prior to deduction for retainage, on each item. 2. When an application shows completion of an item, submit final or full waivers. 3. The Owner reserves the right to designate which entities involved in the Work must submit waivers. 01270107 APPLICATIONS FOR PAYMENT 01027 - 2 05/08 1. Lubbock Preston Smith International Airport FIDSBIDS 4. Waiver Delays: Submit each Application for Payment with the Contractor's waiver of mechanics lien for the period of construction covered by the application. a. Submit final Application for Payment with or preceded by final waivers from every entity involved with performance of Work covered by the application who could lawfully be entitled to a lien. 5. Waiver Forms: Submit waivers of lien on forms, and executed in a manner, acceptable to Owner. G. Initial Application for Payment: Administrative actions and submittals that must precede with submittal of the first Application for Payment include the following. Items designated with an must be submitted within 14 days after "Notice to Proceed" is issued. 1. *List of subcontractors. 2. *List of principal suppliers and fabricators. 3. *Schedule of Values. 4. Contractor's Construction Schedule (preliminary if not final). 5. *List of Contractor's staff assignments. 6. *Copies of building permits H. Application for Payment at Substantial Completion: Following issuance of the Certificate of Substantial Completion, submit an Application for Payment. 1. Administrative actions and submittals that shall proceed or coincide with this application include: I. Occupancy permits and similar approvals. 2. Warranties (guarantees) and maintenance agreements. 3. Test/adjust/balance records. 4. Maintenance instructions. 5. Start-up performance reports. 6. Change -over information related to Owner's maintenance. 7. Final cleaning. 8. Application for reduction of retainage, and consent of surety. 9. List of incomplete Work, recognized as exceptions to Architect's Certificate of Substantial Completion. J. Final Payment Application: Administrative actions and submittals which must precede or coincide with submittal of the final payment Application for Payment include the following: 1. Completion of Project closeout requirements. 2. Completion of items specified for completion after Substantial Completion. 3. Assurance that unsettled claims will be settled. 4. Assurance that Work not complete and accepted will be completed without undue delay. 5. Transmittal of required Project construction records to Owner. 6. Removal of temporary facilities and services. 7. Removal of surplus materials, rubbish and similar elements. 8. Change of door locks to Owner's access. .. 9. Final release of all liens and waivers for the contractor, subcontractor, material suppliers and any other individual or company associated with the project. K. Retainage: 5% retainage will be withheld from each progress payment. Retainage will be released as part of the final payment. L. Certified Payrolls: With each month's application for payment, submit certified payroll reports for the General Contractor and each Subcontractor. if no work was performed during that aperiod, submit a form and state "No work performed". 01270107 APPLICATIONS FOR PAYMENT 01027 - 3 05/08 Lubbock Preston Smith International Airport FIDSBIDS PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01270107 APPLICATIONS FOR PAYMENT 01027 - 4 05/08 Lubbock Preston Smith International Airport FIDS/BIDS SECTION 01028 CHANGE ORDER PROCEDURES PART 1- GENERAL 1.1 SECTION INCLUDES A. Submittals. B. Documentation of change in Contract Sum/Price and Contract Time. C. Change procedures. D. Stipulated price change order. E. Unit price change order. F. Time and material change order. G. Execution of change orders. H. Correlation of Contractor submittals. 1.2 RELATED SECTIONS A. Document - General Contract Conditions. B. Section 01300 — Submittals: Work Schedule. C. Section 01700 — Contract Closeout. 1.3 SUBMITTALS A. Submit name of the individual authorized to receive change documents, and be responsible for informing others in Contractor's employ or Subcontractors of changes to the Work. B. Change Order Forms. 1.4 DOCUMENTATION OF CHANGE IN CONTRACT SUM/PRICE AND CONTRACT TIME A. Maintain detailed records of work done on a time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in the Work. B. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation. C. On request, provide additional data to support computations: 1. Quantities of products, labor, and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from Contract, similarly documented. D. Support each claim for additional costs, and for work done on a time and material basis, with additional information: 1. Origin and date of claim. 2. Dates and times work was performed, and by whom. 3. Time records and wage rates paid. 4. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 01270107 CHANGE ORDER PROCEDURES 01028 - 1 05/08 Lubbock Preston Smith International Airport FIDS/BIDS 1.5 CHANGE PROCEDURES A. The Engineer will advise of minor changes in the Work not involving an adjustment to Contract Sum/Price or Contract Time as authorized by the Contract by issuing supplemental instructions by letter. B. The Engineer may issue a Proposal Request which includes a detailed description of a proposed change with supplementary or revised Drawings and specifications, a change in Contract Time for executing the change. Contractor will prepare and submit an estimate within 7 days. C. The Contractor may propose a change by submitting a request for change to the Engineer, describing the proposed change and its full effect on the Work, with a statement describing the reason for the change, and the effect on the Contract Sum/Price and Contract Time with full documentation and a statement describing the effect on Work by separate or other contractors. 1.6 CONSTRUCTION CHANGE AUTHORIZATION A. Engineer may issue a document, signed by the Owner, instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B. The document will describe changes in the Work, and will designate method of determining any change in Contract Sum/Price or Contract Time. C. Promptly execute the change in Work. 1.7 STIPULATED PRICE CHANGE ORDER A. Based on Proposal Request and Contractor's maximum price quotation or Contractor's request for a Change Order as approved by Engineer. 1.8 UNIT PRICE CHANGE ORDER A. For pre -determined unit prices and quantities, the Change Order will be executed on a fixed unit price basis. B. For unit costs or quantities of units of work which are not pre -determined, execute Work under a Construction Change Authorization. C. Changes in Contract Sum/Price or Contract Time will be computed as specified for Time and Material Change Order. 1.9 TIME AND MATERIAL CHANGE ORDER A. Submit itemized account and supporting data after completion of change, within time limits indicated in the Conditions of the Contract. B. Engineer will determine the change allowable in Contract Sum/Price and Contract Time as provided in the Contract Documents. C. Maintain detailed records of work done on Time and Material basis. D. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. 1: 01270107 CHANGE ORDER PROCEDURES 01028 - 2 05/08 8 f I I I I Lubbock Preston Smith International Airport FIDS/BIDS 1.10 EXECUTION OF CHANGE ORDERS A. Execution of Change Order: Engineer will issue Change Orders (on standard City - approved Change Order Form) for signatures of parties as provided in the Conditions of the Contract. 1.11 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Schedule of Values and Application for Payment forms to records each authorized Change Order as a separate line item and adjust the Contract Sum/Price. B. Promptly revise prograss schedules to reflect any change in Contract Time, revise sub - schedules to adjust time for other items of work affected by the change, and resubmit. C. Promptly enter changes in Project Record Documents. PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used 01270107 05/08 END OF SECTION 01028 CHANGE ORDER PROCEDURES 01028 - 3 Lubbock Preston Smith International Airport FIDSBIDS SECTION 01039 COORDINATION AND MEETINGS PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings. General Instructions to Bidders, General Conditions of the Agreement, Special Provisions and Division 1 - General Requirements apply to Work of this Section. 1.2 SECTION INCLUDES A. Coordination. B. Electronic Files. C. Material Safety Data Sheets. (MSDS) D. Field engineering. E. Preconstruction meeting. F. Request for Information. G. Progress meetings. H. Preinstallation meetings. 1.3 COORDINATION A. Coordinate scheduling, submittals, and Work of the various Sections of the Project Manual to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. B. Coordinate space requirements and installation of electrical work as indicated diagrammatically on Drawings. Follow routing shown for pipes, ducts, and conduit, as closely as practicable. C. In finished areas, except as otherwise indicated, conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. D. Items which require electrical connections shall be coordinated with Division 16 for: I. Voltage. 2. Phase. 3. Ampacity. 4. No. and size of wires. 5. Wiring diagrams. 6. Starter size, details and location. 7. Control devices and details. E. Coordinate completion and clean up of Work of separate Sections in preparation for Substantial Completion. F. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owners activities. 01270107 COORDINATION AND MEETINGS 01039 -1 05/08 { j Lubbock Preston Smith International Airport FIDS/BIDS 1.4 ELECTRONIC FILES A. Electronic drawing files are available for purchase from the Architect upon request. Cost of the files are $100.00 per drawing sheet. Only the Contractor or his subcontractors and sub -subcontractors may purchase an electronic file. An electronic file will be provided in AUTOCAD format of the release currently used by the Architect. File will be provided on a CD. B. Prior to delivery of the file, purchaser shall sign an Electronic File Transfer Release Form. Payment for an electronic file shall occur upon delivery of file to purchaser. C. Electronic file shall be used only for the production of information required by this project and shall not be used in any other form (in whole or part). 1.5 MATERIAL SAFETY DATA SHEETS (MSDS) A. Comply with the most current requirements of the Department of State Health Services, Texas Asbestos Health Protection Rules (TAHPR), Title 25., HEALTH SERVICES, Part 1, Chapter 295-Occupational Health, § 295.34-Asbestos Management in Facilities and Public Buildings, paragraph (i) as a minimum and as outlined below. 1. Submit MSDS on all products used in construction of Project. 2. Submit MSDS in 8 '/2 x 11 inch format text pages, bound in three D-ring binders with durable plastic covers. 3. Prepare binder cover with printed title "MATERIAL SAFETY DATA SHEETS (MSDS)", Title of Project, Project Address, Owner's Name, Address and Phone, and Date of Construction Completion. 4. Internally subdivide the binder contents with permanent page dividers, organized into the 16 Division CSI format, with tab title clearly printed under reinforced laminated plastic tabs. 5. Prepare a table of contents, listing each of the 16 Divisions headings and listing each material/product under each heading by manufacturer and material/product name. 6. Submit two complete, identical binders of the aforementioned information and in the prescribed format. 7. Submit binders each month with Application for Payment. Binders shall include all MSDS for materials/products delivered or installed in Project since the previous month's Application for Payment. 8. Failure to submit updated MSDS binders will cause Application for Payment to be held by Architect (not submitted to Owner for processing) until such time updated MSDS binders are received and reviewed for compliance by Architect. 1.6 FIELD ENGINEERING A. Locate and protect survey control and reference points. B. Control datum for survey is that shown on Drawings. C. Verify set -backs and easements, confirm drawing dimensions and elevations. D. Provide field engineering services. Establish elevations, lines, and levels, utilizing recognized engineering survey practices. E. Submit a copy of registered site drawing and certificate signed by the Land Surveyor that the elevations and locations of the Work are in conformance with the Contract Documents. 01270I07 COORDINATION AND MEETINGS 01039 - 2 05/08 Lubbock Preston Smith International Airport FIDS/BIDS 1.7 PRE CONSTRUCTION MEETING A. Engineer will schedule a meeting after Notice to Proceed. B. Attendance Required: Owner, Engineer, Contractor and major Subcontractors. C. Agenda: 1. Designation of personnel representing the parties in Contract and the Engineer. 2. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders and Contract closeout procedures. 3. Scheduling a. Use of premises by Owner and Contractor. b. Owner's requirements. C. Construction facilities and controls provided by Owner. d. Survey and layout. e. Security and housekeeping procedures. f. Schedules. g. Procedures for testing. h. Procedures for maintaining record documents. i. Requirements for start-up of equipment. j. Inspection and acceptance of equipment put into service during construction period. D. Engineer will record minutes and distribute copies within five days after meeting to participants. 1.8 REQUEST FOR INFORMATION A. Contractor shall use Architect's standard form when submitting Requests For Information (RFI). Architect will issue a copy of this form to Contractor in both hard copy and electronic media. Only Contractor can submit RFIs to Architect. RFI requests from subcontractors or material suppliers will not be considered. B. All information indicated on the form to be provided by Contractor shall be complete before a request can be submitted to the Architect's office. Requests with in information will be returned to the Contractor. Submission of a complete RFI request by Contractor does not constitute an RFI until Architect makes the determination. If Architect determines that request can not be answered with the information provided in the Contract Documents, Architect will then assign an RFI tracking number. Requests determined by Architect not to be an RFI will be returned to Contractor without being assigned an RFI tracking number. A transmittal document returning the denied RFI request will be provided with a response indicating action to be taken by Contractor. C. if request and proposed solution cannot fit on the form, an attachment may be identified in the Request or Contractor Proposed Solution areas, then attached to the form and submitted to Architect. RFIs may contain more than one item when the items are related issues. Otherwise, only one item shall be addressed on each RFI request. D. Architect's response to the RFI will be in writing on the same form, or by attachment and issued to Contractor and Owner. E. Responses from Architect will not change any requirement of the Contract Documents. Should Contractor believe an RFI response to cause a change to the Contract, Contractor shall give written notice to Architect in accordance with the requirements in the Contract. Written notice shall include specific reasons and an order of magnitude of Cost and/or Time that Contractor deems appropriate based on the Architect's RFI response. Contractor's written notice does not constitute a Change Order, but provide a basis for further review and discussion with the Architect. 01270107 COORDINATION AND MEETINGS 01039 - 3 05/08 _i Lubbock Preston Smith International Airport FIDSBIDS 1.9 PROGRESS MEETINGS A. The Engineer will schedule and administer meetings throughout progress of the Work at minimum bi-weekly intervals. B. The Engineer will make arrangements for meetings, prepare agenda with copies for participants, and preside at meetings. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Engineer, as appropriate to agenda topics for each meeting. D. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of submittals schedule and status of submittals. 6. Review of off -site fabrication and delivery schedules. 7. Maintenance of progress schedule. 8. Corrective measures to regain projected schedules. 9. Planned progress during succeeding work period. 10. Coordination of projected progress. 11. Maintenance of quality and work standards. 12. Effect of proposed changes on progress schedule and coordination. 13. Other business relating to Work. E. Record minutes and distribute copies within five days to Engineer, participants, and those affected by decisions made. 1.10 PREINSTALLATION MEETING A. When required in individual specification Sections, the Contractor shall convene a preinstallation meeting at work site prior to commencing work of the Section. B. Require attendance of parties directly affecting, or affected by, work of the specific Section. C. Notify Engineer four days in advance of meeting date. D. Prepare agenda and preside at meeting. 1. Review conditions of installation, preparation and installation procedures. 2. Review coordination with related work. E. The Engineer will record minutes and distribute copies within five days after meeting to participants. PART2-PRODUCTS Not Used 01270107 COORDINATION AND MEETINGS 01039 - 4 05/08 Lubbock Preston Smith International Airport FIDS/BIDS PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that existing site conditions and substrate surfaces are acceptable for subsequent Work. Beginning new Work means acceptance of existing conditions. B. Examine and verify specific conditions described in individual specification sections. C. Verify that utility services are available, of the correct characteristics, and in the correct location. D. Document the site by photo and note any pre-existing conditions of concern and damage to existing facilities. Submit a copy of photos to the Engineer. 3.2 CUTTING AND PATCHING A. Employ skilled and experienced installer to perform cutting and patching. B. Submit written request in advance of cutting or altering elements which affects: 1. Structural integrity of element. 2. Integrity of weather -exposed or moisture -resistant elements. 3. Efficiency, maintenance, or safety of element. 4. Visual qualities of sight -exposed elements. 5. Work of Owner or separate contractor. C. Execute cutting, fitting, and patching, including excavation and fill, to complete Work, and to: 1. Fit the several parts together,, to integrate with other Work. 2. Uncover Work to install or correct ill-timed Work. 3. Remove and replace defective and non -conforming Work. 4. Remove samples of installed Work for testing. 5. Provide openings in elements of Work for penetrations of mechanical and electrical Work. D. Execute work by methods which will avoid damage to other Work, and provide proper surfaces to receive patching and finishing. E. Cut rigid materials using masonry saw or core drill. F. Restore Work with new products in accordance with requirements of Contract Documents. G. Fit Work tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces. H. Refinish surfaces to match adjacent finishes. For continuous surfaces, refinish to nearest intersection; for an assembly, refinish entire unit. I. Identify any hazardous condition exposed during the Work to the Architect or Engineer for Decision or remedy. END OF SECTION 01270107 COORDINATION AND MEETINGS 01039 - 5 05/08 ...............ago .................. .................. .................. ' ::1811 1 .4.':" 1:::_ ■ ur. ■ n Al i..i■ii:...is,..■ii ...} iiiiiiiiiiiiiiiiii REQUEST FOR INFORMATION DATE: TO: Parkhill, Smith & Cooper, Inc. Lubbock, Texas PROJECT: LBB Upgrade Flight Information Display System PSC PROJECT #: 01270107 RFI #: (# assigned by PSC) FROM: (General Contractor's Name) Address: *Items to be completed by Contractor before submittal to PSC for review. Phone: Fax: *Specification Section/Paragraph No.: *Drawing Reference/Detail No.: *Request: *Contractor Proposed Solution: *Signed by: ❑ No RFI tracking number assigned Response: ❑ Attachments: *Response needed in days Response From: To: Date Ret'd: Date Ret'd: Signed by: Copies: ❑ Owner ❑ Consultants ❑ ❑ PARKHILL, SMITH & COOPER, INC. Engineers ■ Architects ■ Planners 4222 85`" Street ■ Lubbock, Texas 79423 (806) 473-2200 ■ FAX (806) 473-3500 Lubbock El Paso Midland Amarillo Odessa 1; Lubbock Preston Smith International Airport FIDSBIDS SECTION 01300 SUBMITTALS PART1-GENERAL 1.1 SECTION INCLUDES A. Submittal procedures. B. Construction progress schedules. C. Proposed products list. D. Shop drawings. E. Product data. F. Samples. G. Manufacturers' instructions. H. Manufacturers' certificates. I. Construction photographs. 1.2 RELATED SECTIONS A. Section 0 14 10 — Testing Laboratory Services. B. Section 01700 — Execution Requirements. 1.3 SUBMITTAL PROCEDURES A. Submit a minimum of five (5) copies of each submittal. B. Transmit each submittal with Contractor's standard transmittal letter including Contractor's name, address and phone number. C. Identify Project, Contractor, Subcontractor or..supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate. D. Apply Contractor's stamp, signed or initialed certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. E. Schedule submittals to expedite the Project, and deliver to Engineer at his business address. Coordinate submission of related items. F. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. G. Provide space for Contractor and Engineer review stamps. H. Revise and resubmit submittals as required, identify all changes made since previous submittal. 1. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. J. Submittals not requested will not be recognized or processed. 1.4 RESUBMITTAL REQUIREMENTS A. Revise initial submittal as required and resubmit to meet requirements as specified. B. Mark as RESUBMITTAL. C. Re -use original transmittal number and supplement with sequential alphabetical suffix for each re -submittal. 01270107 SUBMITTALS 01300 - 1 4 05/08 [ i I ", Lubbock Preston Smith International Airport FIDSBIDS 1.5 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial progress schedule in duplicate for Engineer within 15 days after date established in Notice to Proceed. B. Submit revised schedules with each Application for Payment, identifying changes since previous version. C. Submit a horizontal bar chart with separate line for each section of Work, identifying first work day of each week. D. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Indicate the early and late start, early and late finish, float dates, and duration. E. Indicate estimated percentage of completion for each item of Work at each submission. F. Indicate submittal dates required for shop drawings, product data, samples, and product delivery dates, including those furnished by Owner. 1.6 PROPOSED PRODUCTS LIST A. Within 15 days after date of Notice to Proceed, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. 1.7 SHOP DRAWINGS A. For drawings larger than I I x 17 inches, submit in the form of one reproducible transparency and one opaque reproduction. B. For drawings I I x 17 inches and smaller, submit the number of opaque reproductions which Contractor requires,, plus four copies which will be retained by Architect. C. Drawing size shall be minimum 8 1/2 x I I inches and maximum of 30 x 42 inches. D. Draw details to a minimum size 2 inches equal to 1 foot. E. After review, produce copies and distribute in accordance with SUBMITTAL PROCEDURES article above and for record document purposes described in Section 01700 — Contract Closeout. 1.8 PRODUCT DATA A. Submit the number of copies which the Contractor requires, plus four copies which will be retained by the Engineer. B. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. C. Include recommendations for application and use, compliance with specified standards oftrade associations and testing agencies. D. Include notation of special coordination requirements for interfacing with adjacent work. E. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents described in Section 01700 - Contract Closeout. 01270107 SUBMITTALS 01300 - 2 05/08 Lubbock Preston Smith International Airport FIDSBIDS 1.9 SAMPLES A. Submit samples to illustrate functional and aesthetic characteristics of the Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. B. Submit samples of finishes from the full range of manufacturers' standard colors or in custom colors, textures, and patterns, as specified, for Engineer's selection. C. Where variations in color, pattern or texture are inherent in the material or product, submit multiple samples to indicate the approximate range or variations. D. Include full Project information and identification of manufacturer, model number, type, style and color on each sample. E. Submit the number or samples specified in individual specification Sections; one of which will be retained by Engineer. F. Reviewed samples which may be used in the Work are indicated in individual specification Sections. 1.10 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data. B. Identify conflicts between manufacturers' instructions and Contract Documents. C. Indicate special procedures, conditions requiring special attention and special environmental criteria required for application or installation. 1.11 MANUFACTURER'S CERTIFICATES A. When specified in individual specification Sections, submit manufacturers' certificate to Engineer for review, in quantities specified for Product Data. B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Engineer. PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01270107 SUBMITTALS 01300 - 3 05/08 Lubbock Preston Smith International Airport FIDSBIDS SECTION 01400 QUALITY REQUIREMENTS PART1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division 1 - General Requirements apply to the work of this Section. 1.2 SECTION INCLUDES A. Quality control and control of installation. B. Tolerances. C. References. D. Mock-up requirements. E. Testing and Inspection services. F. Manufacturers' field services. G. Examination H. Preparation 1.3 RELATED SECTIONS A. Section 01300 - Submittals. B. Section 01600 - Product Requirements: Requirements for material and product quality. C. Section 01700 - Execution Requirements: Starting of Systems. 1.4 QUALITY CONTROL AND CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Engineer before proceeding. D. Comply with specified standards as a minimum quality for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Perform work by persons qualified to produce workmanship of specified quality. F. Verify field measurements are as indicated on Shop Drawings or as instructed by manufacturer. G. Secure Products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion or disfigurement. 1.5 TOLERANCES A. Monitor fabrication and installation tolerance control of products to produce acceptable Work. Do not permit tolerances to accumulate. B. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with Contract Documents, request clarification from Architect before proceeding. 01270107 QUALITY REQUIREMENTS 01400 - l 05/08 Lubbock Preston Smith International Airport FIDSBIDS C. Adjust products to appropriate dimensions; position before securing in place. 1.6 REFERENCES A. For products or workmanship specified by association, trade, or other consensus standards, comply with requirements of standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard by date of issue current on date of Contract Documents, except where a specific date is established by Code. C. Obtain copy of standards when required by specification section. D. Neither contractual relationship, duties nor responsibilities of parties in Contract nor those of the Architect shall be altered from Contract Documents by mention or inference otherwise in any reference document. 1.7 MOCK-UP REQUIREMENTS A. Tests will be performed under provisions identified in this section and identified in the respective product specification sections. B. Assemble and erect specified items, with specified attachment and anchorage devices, flashings, seals, and finishes. C. Accepted mock-ups shall be comparison standard for quality level for the Work. D. Where mock-up has been accepted by Architect and is specified in individual specification sections to be removed, remove mock-up and clear area. 1.8 TESTING AND INSPECTION SERVICES A. Owner will appoint, employ, and pay for specified services of an independent firm to perform inspection and testing. B. The independent firm will perform inspections, tests, and other services specified in individual specification Sections and as required, by the Architect or the Owner. l . Laboratory: Authorized to operate at Project location in State of Texas. 2. Laboratory Staff: Maintain full time registered Engineer on staff to review services. 3. Testing Equipment: Calibrated at reasonable intervals with devices of an accuracy traceable to National Bureau of Standards or accepted values of natural physical constants. C. Testing, inspections and source quality control may occur on or off project site. Perform off -site testing as required by Architect or Owner. D. Submitted independent firm's reports to the Architect, in triplicate, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. E. Cooperate with independent firm; furnish samples of materials, design mix, equipment, tools, storage, safe access, and assistance by incidental labor as requested. 1. Notify Owner, Architect and independent firm 48 hours prior to expected time for operations requiring services. 2. Make arrangements with independent firm and pay for additional samples and tests required for Contractor's use. F. Testing and employment of testing agency or laboratory does not relieve Contractor from performing Work to contract requirements. 01270107 QUALITY REQUIREMENTS 01400 - 2 05/08 (. i__f Lubbock Preston Smith International Airport `> FIDSBIDS G. Perform re -testing and/or re -inspection required because of non-conformance to specified requirements using the same independent firm on instructions by the Architect or Owner. Payment for retesting will be charged to the Contractor by deducting inspection or testing charges from the Contract Sum/Price. H. Agency Responsibilities: 1. Test samples of mixes submitted by Contractor. 2. Provide qualified personnel at site. Cooperate with Architect and Contractor in performance of services. 3. Perform specified sampling and testing of products in accordance with specified standards. 4. Ascertain compliance of materials and mixes with requirements ofContract Documents. 5. Promptly notify Architect and Contractor of observed irregularities or non-conformance of Work or products. 6. Perform additional tests required by Architect. 7. Attend preconstruction meetings and progress meetings. I. Agency Reports: After each test, promptly submit two copies of report to Architect and to Contractor. When requested by Architect, provide interpretation of test results. Include the following: 1. Date issued. 2. Project title and number. 3. Name of inspector. 1 4. Date and time of sampling or inspection. ' 5. Identification of product and specifications section. 6. Location in Project. 7. Type of inspection or test. 8. Date of test. 9. Results of tests. 10. Conformance with Contract Documents. J. Limits On Testing Authority: 1. Agency or laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. 2. Agency or laboratory may not approve or accept any portion of the Work. 3. Agency or laboratory may not assume duties of Contractor. - 4. Agency or laboratory has no authority to stop the Work. 1.9 MANUFACTURERS' FIELD SERVICES A. When specified in individual specification Sections, require material or product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, and start-up of equipment, test, adjust, and balance of equipment as applicable, and to initiate instructions when necessary. B. Submit qualifications of observer to Engineer 30 days in advance of required observations. Observer subject to approval of Engineer. C. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. D. Refer to Section 01330 - SUBMITTAL PROCEDURES, MANUFACTURERS' FIELD REPORTS article. 01270107 QUALITY REQUIREMENTS 01400 - 3 05/08 Lubbock Preston Smith International Airport FIDSBIDS PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.1 EXAMINATION A. Verify existing site conditions and substrate surfaces are acceptable for subsequent Work. Beginning new Work means acceptance of existing conditions. B. Verify existing substrate is capable of structural support or attachment of new Work being applied or attached. C. Examine and verify specific conditions described in individual specification sections. D. Verify utility services are available, of correct characteristics, and in correct locations. 3.2 PREPARATION A. Clean substrate surfaces prior to applying next material or substance. B. Seal cracks or openings of substrate prior to applying next material or substance. C. Apply manufacturer required or recommended substrate primer, sealer, or conditioner prior to applying new material or substance in contact or bond. END OF SECTION 01270107 QUALITY REQUIREMENTS 01400 - 4 OS/08 t_ Lubbock Preston Smith International Airport FIDSBIDS SECTION 01500 TEMPORARY FACILITIES & CONTROLS PARTI-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction. Supplementary Conditions and Division 1 - General Requirements apply to work of this Section. 1.2 SECTION INCLUDES A. Temporary Utilities: Electricity, lighting, heat, ventilation, telephone service, water, and sanitary facilities. B. Temporary Controls: Barriers, enclosures and fencing, protection of the Work, and water control. C. Construction Facilities: Access roads, parking, progress cleaning, project signage, and temporary buildings. 1.3 RELATED SECTIONS A. Section 01700 - Execution Requirements: Final Cleaning 1.4 TEMPORARY ELECTRICITY A. Provide temporary electric feeder from existing building electrical service at location as directed. Power consumption shall not disrupt Owner's need for continuous service. B. Owner will pay cost of energy used. Exercise measure to conserve energy. C. Power Service Characteristics: as indicated on the drawings. D. Provide main service disconnect and overcurrent protection at convenient location in conformance with National Electrical Code. E. Provide power outlets for construction operations, with branch wiring and distribution boxes as required. Provide flexible power cords as required. F. Permanent convenience receptacles may be utilized during construction. G. Provide adequate distribution equipment, wiring, and outlets to provide single phase branch circuits for power and lighting. l . Provide 20 ampere duplex outlets served by single phase circuits for power tools for every 2000 sq ft of active work area and at specific locations as required. 2. Provide flexible power cords as required. 3. Provide 20 ampere, single phase branch circuits for lighting. 1.5 TEMPORARY LIGHTING A. Provide and maintain lighting for construction operations to achieve a minimum lighting level of 2 watt/sq ft. B. Provide and maintain 1 watt/sq ft lighting to exterior staging and storage areas after dark for security purposes. 01270107 TEMPORARY FACILITIES & CONTROLS 01500 - 1 05/08 Lubbock Preston Smith International Airport FIDSBIDS C. Provide and maintain 0.25 watt/sq ft H.I.D. lighting to interior work areas after dark for security purposes. - D. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamps as required. E. Maintain lighting and provide routine repairs. F. Permanent building lighting may be utilized during construction if applicable. 1.6 TEMPORARY HEAT A. Provide and pay for heat devices and heat as required to maintain specified conditions for construction operations. B. Owner will pay cost of energy used. Enclose building prior to activating temporary heat in accordance with Article 1.14 - Exterior Enclosures, in this Section and exercise measures to conserve energy. C. Prior to operation of permanent equipment for temporary heating purposes, verify that installation is approved for operation, equipment is lubricated and filters are in place. Provide and pay for operation, maintenance, and regular replacement of filters and worn or consumed parts. D. Maintain minimum ambient temperature of 50 degrees F in areas where construction is in progress, unless indicated otherwise in specifications. E. Do not use permanent building heating equipment until all dust related operations are completed. 1.7 TEMPORARY VENTILATION A. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases. B. Provide temporary fan units as required to maintain clean air for construction operations. 1.8 TELEPHONE SERVICE A. Provide, maintain and pay for telephone service to field office at time of project mobilization. B. As a minimum, provide mobile telephone service for the on -site superintendent and home office telephone service. 1.9 TEMPORARY WATER SERVICE A. Provide quality water service or connect to existing service as required for construction operations. B. Owner will pay for water used. C. Exercise measures to conserve water. D. Extend branch piping with outlets located so water is available by hoses with threaded connections. Provide temporary pipe insulation to prevent freezing. 1.10 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. B. Permanent building facilities shall not be used during construction operations. Maintain daily in clean and sanitary condition. 01270107 TEMPORARY FACILITIES & CONTROLS 01500 - 2 ; 05/08 i Lubbock Preston Smith International Airport FIDSBIDS 1.11 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas to allow for Owner's use of the site, and to protect existing facilities and adjacent properties from damage from construction operations and demolition. B. Provide protection for plant life designated to remain. Replace damaged plant life. C. Protect non -owned vehicular traffic, stored materials, site and structures from damage. D. Provide barricades and covered walkways required by governing authorities for public rights - of -way and for public access to existing building. 1.12 FENCING A. Construction: At Contractor's option, commercial grade chain link fence or solid wood fence, painted. B. As necessary or where specified, provide 6 foot high fence around construction site; equip with vehicular and pedestrian gates with locks. 1. 13 INTERIOR ENCLOSURES A. Provide temporary partitions as required to separate work areas from Owner occupied areas, to prevent penetration of dust and moisture into Owner occupied areas, and to prevent damage to existing materials and equipment. B. Construction: Framing and reinforced polyethylene sheet materials with closed joints and sealed edges at intersections with existing surfaces; insulate to R-I I with maximum Flame Spread rating of75 in accordance with ASTM E84. 1.14 EXTERIOR ENCLOSURES A. Provide temporary insulated weather -tight closure of exterior openings to accommodate acceptable working conditions and protection for Products, to allow for temporary heating and maintenance of required ambient temperatures identified in individual specification Sections, and to prevent entry of unauthorized persons. B. Provide access doors with self -closing hardware and locks. 1.15 PROTECTION OF INSTALLED WORK A. Protect installed Work and provide special protection where specified in individual specification Sections. B. Provide temporary and removable protection for installed Products. Control activity in immediate work area to minimize damage. C. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings. D. Protect finished floors, stairs, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials. E. Prohibit traffic or storage upon waterproofed or roofed surfaces. If traffic or activity is necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer. F. Prohibit traffic from landscaped areas. 01270107 TEMPORARY FACILITIES & CONTROLS 01500 - 3 05/08 Lubbock Preston Smith International Airport FIDSBIDS 1.16 SECURITY A. Provide security and facilities to protect Work from unauthorized entry, vandalism, or theft. 1.17 ACCESS ROADS A. Construct and maintain temporary roads accessing public thoroughfares to serve construction area. B. Extend and relocate as Work progress requires. Provide detours necessary for unimpeded traffic flow. C. Provide and maintain access to fire hydrants, free of obstructions. D. Existing on -site roads may be used for construction traffic. 1.18 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove debris and rubbish from pipe chases, plenums, attics, crawl spaces, and other closed or remote spaces, prior to enclosing the space. C. Broom and vacuum clean interior areas prior to start of surface finishing, and continue cleaning to eliminate dust. D. Remove waste materials, debris, and rubbish from site and dispose off -site at intervals as required to maintain clean site. 1.19 FIELD OFFICES AND SHEDS A. Office: Weather -tight, with lighting, electrical outlets, heating, cooling and ventilating equipment, and equipped with sturdy furniture drawing rack and drawing display table. 1.20 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS A. Remove temporary above grade or buried utilities, equipment, facilities and materials as soon as permanent facilities can be utilized. B. Remove underground installations to a minimum depth of 2 feet. C. Clean and repair damage caused by installation or use of temporary work. D. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. PART 2 - PRODUCTS Not Used PART 3 - PRODUCTS Not Used END OF SECTION 01270107 TEMPORARY FACILITIES & CONTROLS 01500 - 4 05/08 Lubbock Preston Smith International Airport r FIDSBIDS j SECTION 01560 ENVIRONMENTAL PROTECTION PART 1 - GENERAL 1.1 REFERENCES GThe publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. CODE OF FEDERAL REGULATIONS (CFR) 29 CFR 1910-SUBPART G Occupational Health and Environmental Control CORPS OF ENGINEERS (COE) COE EP-1165-2-304 1976 Flood Plain Regulations for Flood Plain Management 1.2 DEFINITIONS A. Sediment Soil and other debris that have eroded and have been transported by runoff water or wind. B. Solid Waste - Rubbish, debris, garbage, and other discarded solid materials resulting from industrial, commercial, and agricultural operations and from community activities. C. Rubbish Combustible and noncombustible wastes such as paper, boxes, glass, crockery, metal, lumber, cans, and bones. D. Debris Combustible and noncombustible wastes such as ashes and waste materials resulting from construction or maintenance and repair work, leaves, and tree trimmings. E. Chemical Wastes This includes salts, acids, alkalies, herbicides, pesticides, organic chemicals, and spent products . which serve no purpose. F. Sanitary Wastes 1. Sewage Wastes characterized as domestic sanitary sewage. 2. Garbage Refuse and scraps resulting from preparation, cooking, dispensing, and consumption of food. G. Oily Waste 1. Petroleum products and bituminous materials. 1.3 ENVIRONMENTAL PROTECTION REQUIREMENTS -' Provide and maintain, during the life of the contract, environmental protection as defined. Plan for and provide environmental protective measures to control pollution that develops during normal construction practice. Plan for and provide environmental protective measures required to correct 01270107 ENVIRONMENTAL PROTECTION 01560 - 1 05/08 Lubbock Preston Smith International Airport FIDSBIDS conditions that develop during the construction of permanent or temporary environmental features associated with the project. Comply with Federal, state, and local regulations pertaining to the environment, including but not limited to water, air, and noise pollution. A. Preconstruction Survey Perform a preconstruction survey of the project site with the Engineer, and pollution prevention measures necessary to assess existing environmental conditions in, and adjacent to the site. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.1 PROTECTION OF NATURAL RESOURCES Preserve the natural resources within the project boundaries and outside the limits of permanent work. Restore to an equivalent or improved condition upon completion of work. Confine construction activities to within the limits of the work indicated or specified. A. Land Resources Except in areas to be cleared, do not remove, cut, deface, injure, or destroy trees or shrubs without the Engineer's permission. Do not fasten or attach ropes, cables, or guys to existing nearby trees for anchorages unless authorized by the Engineer. Where such use of attach ropes, cables, or guys is authorized, the Contractor shall be responsible for any resultant damage. 1. Protection Protect existing trees which are to remain and which may be injured, bruised, defaced, or otherwise damaged by construction operations. Remove displaced rocks from uncleared areas. By approved excavation, remove trees with 30 percent or more of their root systems destroyed. 2. Replacement Remove trees and other landscape features scarred or damaged by equipment operations, and replace with equivalent, undamaged trees and landscape features. Obtain Engineer's approval before replacement. 3. Temporary Construction Remove traces of temporary construction facilities such as haul roads, work areas, structures, foundations of temporary structures, stockpiles of excess or waste materials, and other signs of construction. Grade temporary roads, parking areas, and similar temporarily used areas to conform with surrounding contours. B. Water Resources 1. Oily Wastes Prevent oily or other hazardous substances from entering the ground, drainage areas, or local bodies of water. Surround all temporary fuel oil or petroleum storage tanks with a temporary earth berm of sufficient size and strength to contain the contents of the tanks in the event of leakage or spillage. 01270107 ENVIRONMENTAL PROTECTION 01560 - 2 05/08 i s Lubbock Preston Smith international Airport `? FIDSBIDS 3.2 EROSION AND SEDIMENT CONTROL MEASURES A. Burnoff Bumoff of the ground cover is not permitted. B. Borrow Areas Manage and control borrow areas to prevent sediment from entering nearby streams or lakes. Restore areas, including those outside the borrow areas, disturbed by borrow and haul operations. Restoration includes grading, replacement of topsoil, and establishment of a permanent vegetative cover. C. Protection of Erodible Soils Immediately finish the earthwork brought to a final grade, as indicated or specified. Immediately protect the side slopes and back slopes upon completion of rough grading. Plan and conduct earthwork to minimize the duration of exposure of unprotected soils. D. Temporary Protection of Erodible Soils Mechanically retard and control the rate of runoff from the construction site. This includes construction of diversion ditches, benches, and berms to retard and divert runoff to protected drainage courses. 3.3 CONTROL AND DISPOSAL OF SOLID AND SANITARY WASTES Pick up solid wastes, and place in containers which are regularly emptied. Do not prepare, cook, or dispose of food on the project site. Prevent contamination of the site of other areas when handling and disposing of wastes. On completion, leave the areas clean. Control and dispose of waste. A. Disposal of Rubbish and Debris Dispose of rubbish and debris in accordance with the requirements specified in area as directed by Owner. B. Garbage Disposal Place garbage in approved containers, and move to a pickup point or disposal area, where directed. 3.4 DUST CONTROL Contractor will be fully responsible for dust control along all haul roads and in the project area. Keep dust down at all times, including during nonworking periods. Sprinkle or treat, with dust suppressants, the soil at the site, haul roads, and other areas disturbed by operations. 3.5 STORM WATER POLLUTION PREVENTION PLAN Not Applicable. END OF SECTION 01270107 ENVIRONMENTAL PROTECTION 01560 - 3 05/08 Lubbock Preston Smith International Airport FIDSBIDS SECTION 01600 PRODUCT REQUIREMENTS PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division 1 - General Requirements apply to work of this Section. 1.2 SECTION INCLUDES A. Products. B. Product delivery, storage and handling. C. Product options. D. Substitutions. 1.3 RELATED SECTIONS A. Section 01400 - Quality Requirements: Product quality monitoring. Testing Laboratory Services. 1.4 PRODUCTS A. Products: Means new material, machinery, components, equipment, fixtures, and systems forming the Work and does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. C. Provide interchangeable components of the same manufacturer, for similar components. D. Materials required to match existing work and not otherwise specified, shall be equal to the existing work in quality, color and finish. Workmanship and installation shall be comparable to adjacent existing work. The Architect shall be the sole authority in determination of acceptable work. 1.5 PRODUCT DELIVERY, STORAGE AND HANDLING A. Delivery 1. Deliver materials, products and equipment to the project site in manufacturer's original, unopened containers or packaging, with identifying labels intact and legible. 2. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. 3. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage. 4. Arrange deliveries in accord with the construction schedule and in ample time to facilitate inspection prior to installation to avoid unnecessary delays in the construction process. 01270107 05/08 PRODUCT REQUIREMENTS 01600 - 1 Lubbock Preston Smith International Airport FIDSBIDS B. Storage 1. Store and protect products in accordance with manufacturer's instructions, with seals and labels intact and legible. 2. Store sensitive products in weather -tight, climate controlled enclosures. 3. For exterior storage of fabricated products, place on sloped supports, above ground. 4. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation or potential degradation of Products. 5. Store loose granular materials on solid flat surfaces in a well -drained area. Prevent mixing with foreign matter. 6. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage. 7. Arrange storage of products to permit access for inspection. Periodically inspect to verify products are undamaged and are maintained in acceptable condition. 8. Materials, products and equipment may be stored off site in a bonded and insured warehouse approved by the Architect and Owner. Pay all costs incurred for off -site storage facilities. Products properly stored in off -site storage facilities may be included in progress pay requests with written approval of the Architect. C. Handling I . Handle materials, products and equipment in a manner prescribed by manufacturer or specified to protect from damage during storage and installation. 1.6 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Any product meeting those standards or description. B. Products Specified by Naming One or More Manufacturers: Products of manufacturers named and meeting specifications, no options or substitutions allowed. C. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions: Submit a request for substitution for any manufacturer not named in accordance with the following article. 1.7 SUBSTITUTIONS A. Engineer will consider requests for substitutions only within 15 days after date established in Notice to Proceed. B. Substitutions may be considered when a product becomes unavailable through no fault of the Contractor. C. Document each request with complete data substantiating compliance of proposed Substitution with Contract Documents. D. A request constitutes a representation that the Bidder: I . Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product. 2. Will provide the same warranty for the Substitution as for the specified product. 3. Will coordinate installation and make changes to other Work which may be required for the Work to be complete with no additional cost to Owner. 4. Waives claims for additional costs or time extension which may subsequently become apparent. 5. Will reimburse Owner and Architect and Engineer for review or redesign services associated with re -approval by authorities. 01270107 05/08 PRODUCT REQUIREMENTS 01600 - 2 i Lubbock Preston Smith International Airport FIDS/BIDS E. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals, without separate written request, or when acceptance will require revision to the Contract Documents. F. Substitution Submittal Procedure: 1. Submit four copies of request for Substitution for consideration. Limit each request to one proposed Substitution. 2. Submit shop drawings, product data, and certified test results attesting to the proposed product equivalence. Burden of proof is on proposer. 3. The Engineer will notify Contractor, in writing, of decision to accept or reject request. PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01270107 PRODUCT REQUIREMENTS 01600 - 3 05/08 r s Lubbock Preston Smith International Airport _i FIDSBIDS SECTION 01650 STARTING OF SYSTEMS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division 1 - General Requirements apply to work of this Section. 1.2 SECTION INCLUDES A. Starting systems. B. Demonstration and instructions. C. Testing, adjusting, and balancing. 1.3 RELATED SECTIONS A. Section 01400 - Quality Control: Manufacturers field reports. B. Section 01700 — Execution Requirements. 1.4 STARTING SYSTEMS A. Coordinate schedule for start-up of various equipment and systems. B. Notify Engineer seven days prior to start-up of each item. C. Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, or other conditions which may cause damage. D. Verify that tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. E. Verify wiring and support components for equipment are complete and tested. F. Execute start-up under supervision of responsible manufacturer's representative and Contractors' personnel in accordance with manufacturers' instructions. G. When specified in individual specification Sections, require manufacturer to provide authorized representative to be present at site to inspect, check and approve equipment or system installation prior to start-up, and to supervise placing equipment or system in operation. H. Submit a written report in accordance with Section 01400 that equipment or system has been properly installed and is functioning correctly. 1.5 DEMONSTRATION AND INSTRUCTIONS A. Demonstrate operation and maintenance of Products to Owner's personnel two weeks prior to date of final inspection. B. For equipment or systems requiring seasonal operation, perform demonstration for other season. C. Utilize operation and maintenance manuals as basis for instruction. Review contents of manual with Owners' personnel in detail to explain all aspects of operation and maintenance. 01270107 05i08 STARTING OF SYSTEMS 01650 - 1 s Lubbock Preston Smith International Airport FIDSBIDS D. Demonstrate start-up, operation, control, adjustment, trouble -shooting, servicing, maintenance, and shutdown of each item of equipment at agreed -upon times, at equipment location. E. Prepare and insert additional data in operations and maintenance manuals when need for additional data becomes apparent during instruction. PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01270107 STARTING OF SYSTEMS 01650 - 2 05/08 Lubbock Preston Smith International Airport FIDSBIDS SECTION 01700 EXECUTION REQUIREMENTS PART1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions and Division 1 - General Requirements apply to work of this Section. 1.2 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Adjusting. D. Hazardous Materials Affidavits. E. Project record documents. F. Operation and maintenance data. G. Warranties. H. Spare parts and maintenance materials. 1.3 RELATED SECTIONS A. Section 01500 - Temporary Facilities and Controls: Progress cleaning. B. Section 01650 - Starting of Systems: System start-up, testing, adjusting, and balancing. 1.4 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Engineer's inspection. B. Provide submittals to Engineer that are required by governing or other authorities. C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1,5 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Clean interior and exterior glass and surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces. C. Clean equipment and fixtures to a sanitary condition. D. Replace filters of operating equipment. E. Clean debris from roofs, gutters, downspouts, and drainage systems. F. Clean site; sweep paved areas, rake clean landscaped surfaces. G. Remove waste and surplus materials, rubbish, and construction facilities from the site. H. Repair, patch and touch-up marred surfaces to match adjacent finishes. I. Clean ducts, blowers and coils if air conditioning units were operated during construction. 01270107 EXECUTION REQUIREMENTS 01700 - 1 05/08 Lubbock Preston Smith International Airport FIDSBIDS 1.6 ADJUSTING A. Adjust operating Products and equipment to ensure smooth and unhindered operation. a, 1.7 HAZARDOUS MATERIALS AFFIDAVITS A. Contractor, each subcontractor, each sub -subcontractor, and each material/product supplier to provide a notarized affidavit declaring that hazardous materials were not incorporated into construction of nor delivered to the Project. B. Hazardous materials include asbestos, lead polychlorinated biphenyl (PCB), prohibited termite eradication chemicals or any substance of any proportion determined or suspected by an agency of federal or state government to create a health hazard. C. Provide table of contents listing all affidavits in alphabetical order and assemble with metal prong binder in durable plastic presentation cover. D. Prepare binder cover with printed title "AFFIDAVITS OF NON -INCORPORATED HAZARDOUS MATERIALS", Title of Project, Project Address, Owner's Name, Address and Phone and date of Construction Completion. E. Provide two complete, identical binders of the aforementioned information in the prescribed format. F. Submit prior to final Application for Payment 1.8 PROJECT RECORD DOCUMENTS A. Maintain on site, one set of the following record documents; record actual revisions to the Work: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. D. Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and Modifications. E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured depths of foundations in relation to finish first floor datum. 2. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 4. Field changes of dimension and detail. 5. Details not on original Contract Drawings. 6. Changes made by addenda and modification. F. Submit documents to Architect with claim for final Application for Payment. 01270107 EXECUTION REQUIREMENTS 01700 - 2 05/08 Lubbock Preston Smith International Airport FIDSBIDS 1.9 OPERATION AND MAINTENANCE DATA A. Submit one copy 15 days prior to final inspection, 8 '/z x 11 inch text pages, bound in three D-ring binders with durable plastic covers. B. This copy will be returned after final inspection, with Architect comments. Revise content of documents as required prior to final submittal. C. Submit two final volumes revised within ten days after final inspection. D. Prepare binder covers with printed title "OPERATION AND MAINTENANCE INSTRUCTIONS", title of project, and subject matter of binder when multiple binders are required. E. Internally subdivide the binder contents with permanent page dividers, logically organized as described below; with tab titling clearly printed under reinforced laminated plastic tabs. F. Contents: Prepare a Table of Contents for each volume, with each Product or system description identified, type on 24 pound white paper. G. Part l: Directory, listing names, addresses, and telephone numbers of Architect, Contractor, Subcontractors, and major equipment suppliers. H. Part 2: Operation and maintenance instructions, arranged by system and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: 1. Significant design criteria. 2. List of equipment. 3. Parts list for each component. 4. Operating instructions necessary for Owner to make full and efficient use of equipment including recommended maintenance and seasonal change -over procedures for HVAC systems. 5. Maintenance instructions for equipment and systems. 6. Maintenance instructions for finishes, including recommended cleaning methods and materials and special precautions identifying detrimental agents. I. Part 3: Project documents and certificates, including the following: 1. Shop drawings and product data. 2. Air and water balance reports. 3. Certificates. 4. Photocopies of warranties and bonds. 1.10 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, suppliers, and manufacturers. C. Provide Table of Contents and assemble with metal prong binder in durable plastic presentation cover. D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period. 1.11 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual specification Sections. B. Deliver to project site and place in location as directed; obtain receipt prior to final payment. 01270107 EXECUTION REQUIREMENTS 01700 - 3 05/08 Lubbock Preston Smith International Airport FIDSBIDS PART 2 - PRODUCTS Not Used PART 3 - EXECUTION Not Used END OF SECTION 01270107 EXECUTION REQUIREMENTS 01700 - 4 05/08 Lubbock Preston Smith International Airport FIDSBIDS SECTION 16000 BASIC ELECTRICAL METHODS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions. 1.2 REQUIREMENTS OF REGULATORY AGENCIES AND STANDARDS A. Regulatory Agencies: Installation, materials, equipment and workmanship shall conform to the applicable provisions of the following: B. National Electrical Code (NEC). C. National Electrical Safety Code (NESC). D. Terms and conditions of the electrical utility and other authorities having lawful jurisdiction pertaining to the work required. E. Electrical contractor shall coordinate all control wiring and electrical connections to equipment items furnished by Mechanical Contractor, General Contractor, the Owner and other contractors under other sections of these specifications. All power and control wiring, not identified under Division 15, shall be provided under Division 16. F. The work covered by Division 16 of the Specifications includes the furnishing of all materials, labor, transportation, tools, permits, and fees for the complete installation of all electrical work required in the Contract Drawings. G. In the event that additional or special construction is required, the Contractor is responsible for providing all material and equipment which are usually furnished with such construction in order to complete the installation, whether indicated or not. H. The contractor shall familiarize himself with the existing conditions of the site and advise the Architect of any discrepancy or conflict prior to bidding. 1. The contractor shall be responsible for all permits, fees, and licenses required for the project. All cost of such permits or fees shall be included in the bid. J. All equipment and material shall be installed in accordance with the applicable manufacturer's recommendations and standards. K. Install sleeves, sealant pans, and roof penetrations as required for the installation of the electrical work. All such work is subject to the approval of the Architect. L. Contractor shall be responsible for coordinating with the utility service provider to verify all locations, routing, equipment and labor that will be furnished as a part of this contract. 1.3 SUBMITTALS A. All submittals shall comply with the requirements as specified in other sections. 01270107 BASIC ELECTRICAL METHODS 16000 - 1 05/08 Lubbock Preston Smith International Airport FIDS/BIDS PART 2-PRODUCTS 2.1 EQUIPMENT REQUIREMENTS A. The electrical requirements for equipment specified or indicated on the drawings are based on information available at the time of design. If equipment furnished for installation has electrical requirements other than indicated on the electrical drawings, the Contractor shall make any required changes to wire and conduit size, controls, overcurrent protection and installation as required to accommodate the equipment supplied, without additional charge to the Owner. The complete responsibility and costs for such adjustments shall be assigned to the respective section of this specification under which the equipment is furnished. 2.2 MATERIALS A. All similar materials and equipment shall be the product of the same manufacturer unless specified otherwise. B. Materials and equipment shall be the standard products of manufacturers regularly engaged in the production of such material and shall be the manufacturer's current and standard design. C. Altitude: Equipment affected by altitude shall perform satisfactorily for the function intended at the altitude of the project site. D. Detectable Warning Tape: Acid and alkali -resistant polyethylene film warning tape manufactured for marking and identifying underground utilities, minimum 6" wide and.4 mils thick, continuously inscribed with a description of utility, with metallic core encased in a protective j acket for corrosion protection, detectable by metal detector when tape is buried up to 30" deep; colored as follows: 1. Red: Electric. 2. Orange: Telephone and other communications. E. Backfill Material 1. Material 4" below and 12" above pipes and conduit shall be natural or manufactured sand complying to ASTM C 33. 2. Material more than 12" above pipes and conduits shall be sand indicated above or native fill free of rock or gravel larger than 3/8" in any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter. PART 3 - EXECUTION 3.1 GENERAL A. Fabrication, erection and installation of the complete electrical system shall be done in accordance with accepted good practice by qualified personnel experienced in such work and shall proceed in an orderly manner so as not to impede the progress of the project. The Electrical Contractor shall check all areas and surfaces where electrical equipment material is to be installed, removed or relocated and report any unsatisfactory conditions before starting work. Commencement of work signifies this Contractor's acceptance of existing conditions. In the acceptance or rejection of the finished installation, no allowance will be made for lack of skill on the part of workmen. Surfaces requiring coatings will be completed prior to installation of any electrical work on these surfaces. 01270107 BASIC ELECTRICAL METHODS 16000 - 2 ; 05/08 4 Lubbock Preston Smith International Airport FIDSBIDS a B. The electrical drawings are diagrammatic. The installation requirements shall be carefully coordinated with structural, architectural and mechanical conditions and shall be adjusted to avoid conflict. C. All work shall be concealed in walls, ceilings, chases unless specifically noted to be exposed or otherwise approved. D. The locations of electrical equipment is approximate and are not intended to convey the exact details and mounting of location of outlets, equipment and other items. Exact locations are to be field determined by actual measurements. E. The location height and projection of fixtures illuminating signs or special features shall be approved by Architect prior to installation. F. Contractor shall coordinate the location of all exterior fixtures with Architectural drawings and specifications. { G. Consult the Architectural Drawings to determine wall finishes and locations of wall mounted equipment, counter top splashes and similar items to avoid conflict with electrical equipment. H. Protect subgrades and foundation soils against freezing temperatures or frost. Provide protective insulating materials as necessary. I. Excavation for Pipe and Conduit l . Excavate trenches to indicated gradients, lines, depths, and elevations. 2. Excavate trenches to uniform widths to provide a working clearance on each side of pipe or conduit. Excavate trench walls vertically from trench bottom to 12" higher than top of pipe or conduit, unless otherwise indicated. 3. Trench Bottoms: Excavate and shape trench bottoms to provide uniform bearing and support of pipes and conduit. Shape subgrade to provide continuous support for bells, joints, and barrels of pipes and for joints, fittings, and bodies of conduits. Remove projecting stones and sharp objects along trench subgrade. a. For pipes and conduit less than 6" in nominal diameter and flat-bottomed, multiple -duct conduit units, hand excavate trench bottoms and support pipe and conduit on an undisturbed subgrade. b. For pipes and conduit 6" or larger in nominal diameter, shape bottom of trench to support bottom 90 degrees of pipe circumference. Fill depressions with tamped sand backfill. C. Excavate trenches 4" deeper than elevation required in rock or other unyielding [ bearing material to allow for bedding course. 4. Place backfill and fill materials in layers not more than 8" in loose depth for material compacted by heavy compaction equipment, and not more than 4" in loose depth for material compacted by hand -operated tampers. 5. Compact soil to not less than the following percentages of maximum dry unit weight according to ASTM D 698: a. Under structures, building slabs, steps, and pavements, scarify and recompact top 12" of existing subgrade and each layer of backfill or fill material at 95 percent. 1- b. Under walkways, scarify and recompact top 6" below subgrade and compact each layer of backfill or fill material at 92 percent. C. Under lawn or unpaved areas, scarify and recompact top 6" below subgrade and f- compact each layer of backfill or fill material at 85 percent. 6. Install detectable warning tape above conduits and pipe, 12" below finished grade, except 6" below subgrade under pavements and slabs. 01270107 BASIC ELECTRICAL METHODS I6000 - 3 05/08 i Lubbock Preston Smith International Airport FIDS/BIDS 7. Protection I a. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris. b. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or weather conditions. I) Scarify or remove and replace soil material to depth as directed by Architect; reshape and recompact. C. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with additional soil material, compact, and reconstruct surfacing. 1) Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to the greatest extent possible. 8. Disposal of Surplus and Waste Materials , a. Disposal: Remove surplus satisfactory soil and waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it off Owner's property unless otherwise directed by Owner. b. Repair: Any damage to shrubs, grass or structures shall be repaired to previous condition by Contractor at no additional expense to Owner. 3.2 PERFORMANCE TESTS r~ A. Thoroughly test all control circuits, fixtures, services and all circuits for proper operating condition and free from grounds and short circuits before acceptance is requested. All equipment, appliances and devices shall be operated under load conditions. B. After the interior wiring system installation is complete conduct operating tests for approval. When requested, test all the wire, cable, devices and equipment after installation, to assure that all material continues to possess all the original characteristics as required by governing codes and standards listed in these specifications. C. After motor operation has been verified make voltage readings at all panelboards and starters. Based on these readings, make final adjustments of primary taps on all transformers in the building as directed, or coordinate with the utility proper building voltage. D. Perform such other tests as required by other sections of these specifications or as requested to prove acceptability. E. Furnish all instruments and labor for testing. F. All material installed shall be listed, inspected, and approved by a nationally accepted testing laboratory such as U L and/or ETL. All material shall bear the UL or ETL label where available. 3.3 SUBMITTAL AND APPROVAL OF MATERIALS A. All requirements for submittals shall comply with the applicable provisions included in the individual specification sections. B. Unless identified as a sole source item, the listing of product manufacturers, catalog numbers, etc., on the drawings is intended to establish a standard of quality of the product. It is the responsibility of the contractor to review all items he intends to submit. If equipment other than that indicated on drawings is proposed by the contractor, the information will be reviewed at the time of the submission of the submittal. END OF SECTION 16000 01270107 BASIC ELECTRICAL METHODS 16000 - 4 05/08 [. Lubbock Preston Smith International Airport FIDSBIDS SECTION 16111 CONDUIT PART 1- GENERAL This section applies to all above -ground conduit. 1.1 SECTION INCLUDES A. Metal conduit. B. Flexible metal conduit. C. Liquidtight flexible metal conduit. D. Electrical metallic tubing. E. Fittings and conduit bodies. 1.2 RELATED SECTIONS A. Section 07270 - Fire Stopping. B. Section 16130 - Boxes. C. Section 16170 - Grounding and Bonding. D. Section 16190 - Supporting Devices. E. Section 16195 - Electrical Identification. 1.3 REFERENCES A. ANSI C80.1 - Rigid Steel Conduit, Zinc Coated. B. ANSI C80.3 - Electrical Metallic Tubing, Zinc Coated. C. ANSI/NEMA FB 1 - Fittings, Cast Metal Boxes, and Conduit Bodies for Conduit and Cable Assemblies. D. ANSI/NFPA 70 -National Electrical Code. E. NECA "Standard of Installation." F. NEMA TC 3 - PVC Fittings for Use with Rigid PVC Conduit and Tubing. 1.4 DESIGN REQUIREMENTS A. Conduit Size: ANSI/NFPA 70. 1.5 SUBMITTALS A. Submit for review to Architect/Engineer. B. Product Data: Provide for metallic conduit, flexible metal conduit, liquidtight flexible metal conduit, nonmetallic conduit, fittings and conduit bodies. 1.6 PROJECT RECORD DOCUMENTS A. Submit to Architect/Engineer. B. Accurately record actual routing of conduits. 01270107 CONDUIT 16111 - 1 05/08 Lubbock Preston Smith International Airport FIDSBIDS 1.7 REGULATORY REQUIREMENTS A. Conform to requirements of ANSUNFPA 70. B. Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose specified and shown. 1.8 DELIVERY, STORAGE, AND HANDLING A. Deliver, store, protect, and handle Products to site under provisions of Section 01600. B. Accept conduit on site. Inspect for damage. C. Protect conduit from corrosion and entrance of debris by storing above grade. Provide appropriate covering. D. Protect PVC conduit from sunlight. 1.9 PROJECT CONDITIONS A. Verify that field measurements are as shown on Drawings. B. Verify routing and termination locations of conduit prior to rough -in. C. Conduit routing is shown on Drawings in approximate locations unless dimensioned. Route as required to complete wiring system. PART 2-PRODUCTS 2.1 CONDUIT REQUIREMENTS A. Minimum Size: 3/4 inch unless otherwise specified. B. Wet, Damp and Kitchen Locations above grade: Use rigid steel or liquid tight flexible conduit. C. Dry Locations: Use electrical metallic tubing for concealed and exposed locations. D. Below Slab: Non metallic PVC conduit is acceptable within limitations specified. E. Below Grade: Use only PVC coated rigid galvanized steel, wrapped rigid steel, or nonmetallic PVC conduit within limitations specified. F. MC Cable: Shall not be utilized on this project. 2.2 METAL CONDUIT A. Manufacturers: 1. Allied. 2. Wheatland. 3. Substitutions: Under provisions of Section 01600. B. Rigid Steel Conduit: ANSI C80.1. C. Intermediate Metal Conduit (IMC): Rigid steel. D. Fittings and Conduit Bodies: ANSI/NEMA FB I; all steel fittings. 2.3 FLEXIBLE METAL CONDUIT A. Manufacturers: I. Greenfield. 2. Electri-Flex. 01270107 CONDUIT 16111 - 2 05/08 Lubbock Preston Smith International Airport FIDSBIDS 3. Allied Tube. 4. Substitutions: Under provisions of Section 01600. B. Description: Interlocked steel construction. Aluminum is not permitted. C. Fittings: ANSUNEMA FB 1 with fittings approved for steel flex. D. Applications: Use for final connections to motorized equipment, connections to recessed lighting fixtures located in accessible ceilings, and connections to dry type transformers. Utilization of 3/8" in lieu of the minimum 1/2" is acceptable under the limitations of the National Electrical Code. 2.4 LIQUIDTIGHT FLEXIBLE METAL CONDUIT A. Manufacturers: 1. Ultatite. 2. Electri-flex. 3. Substitutions: Under provisions of Section 01600. B. Description: Interlocked steel construction with PVC jacket. C. Fittings: ANSI/NEMA FB 1. D. Applications: Use for final connections to motorized equipment in exterior locations and at all flexible conduit connections to kitchen equipment. 2.5 ELECTRICAL METALLIC TUBING (EMT) A. Manufacturers: 1. Allied. 2. Substitutions: Under provisions of Section 01600. B. Description: ANSI C80.3; galvanized tubing. C. Fittings and Conduit Bodies: ANSI/NEMA FB 1; all steel, compression type. D. Applications: Do not use below grade or in exterior locations. Use only in interior locations. 2.6 PVC COATED METAL CONDUIT A. Manufacturers: 1. Ocal. 2. Robroy Industries. 3. Substitutions: Under provisions of Section 01600. B. Description: NEMA RN-1, rigid steel conduit with external PVC coating, 20 mil thick. C. General: Protective layer may be factory applied or galvanized rigid steel conduit may be applied with two layers of corrosion resistant tape. D. Fittings and Conduit Bodies: ANSUNEMA FB 1; steel fittings with external PVC coatings to match conduit. 2.7 NON METALLIC PVC CONDUIT A. Manufacturers: 1. Carlon 2. Allied 3. Substitutions: Under provisions of Section 01600. B. Description: NEMA TC2; Schedule 40 PVC. Flame retardant type resistant to bending and cracking. C. Fittings and conduit bodies: NEMA TC3. 01270107 CONDUIT 16111 - 3 1 05/08 Lubbock Preston Smith International Airport FIDSBIDS D. Vertical risers and ells installed below grade shall be rigid steel with wrapping. E. Do not use above grade. F. Joints made with PVC fittings shall be applied with solvent compound afterthorough cleaning. 2.8 CONDUIT FITTINGS A. Couplings and Terminations for Rigid Steel Conduit: Factory made steel threaded couplings conforming to ANSUNEMA FB 1; bushing at all boxes and cabinets, with locknuts inside and outside box or cabinet. B. Couplings and Terminations for Electrical Metallic Tubing (Compression Couplings): Join lengths of EMT with steel compression type couplings conforming to ANSI/NEMA FBI. Attach EMT to boxes or cabinets with steel compression -type box connectors having an insulated throat with locknuts. Where grounding bushings are required at terminations, they shall be T&B Series 3802, or approved equivalent. Set screw type connectors and indent connectors will not be allowed. C. Couplings and Terminations for Flexible Metal Conduit: Conforming to ANSUNEMA FBI: T&B 440 Series or approved equivalent couplings at connections between flexible and rigid conduit; T&B 3110 or 3130 Series or approved equivalent nylon insulated throat, steel connectors at box or cabinet terminations. D. Couplings and Terminations for PVC Conduit: Type 40 heavy wall, high impact rigid virgin polyvinyl chloride (PVC) fittings, conforming to NEMA Publications TC2 and TC3 and UL listed for direct burial use; Carlon or approved equivalent. PVC couplings and solvent cement by the same manufacturer as the PVC conduit. PART 3-EXECUTION 3.1 INSTALLATION A. Install conduit in accordance with NECA "Standard of Installation." B. Install nonmetallic conduit in accordance with manufacturer's instructions. C: Arrange supports to prevent misalignment during wiring installation. D. Support conduit using coated steel or malleable iron straps, lay -in adjustable hangers, clevis hangers, and split hangers. E. Group related conduits; support using conduit rack. Construct rack using steel channel. F. Fasten conduit supports to building structure and surfaces under provisions of Section 16190. G. Do not support conduit with wire or perforated pipe straps. Remove wire used for temporary supports H. Do not attach conduit to ceiling support wires. I. Arrange conduit to maintain headroom and present neat appearance. J. Route exposed conduit parallel and perpendicular to walls. K. Route conduit installed above accessible ceilings parallel and perpendicular to walls. L. Maintain adequate clearance between conduit and piping. M. Maintain 12 inch clearance between conduit and surfaces with temperatures exceeding 104 degrees F. N. Cut conduit square using saw or pipecutter; de -burr cut ends. O. Bring conduit to shoulder of fittings; fasten securely. P. Use conduit hubs or sealing locknuts to fasten conduit to sheet metal boxes in damp and wet locations and to cast boxes. 01270107 CONDUIT 16111 - 4 05/08 Lubbock Preston Smith International Airport FIDSBIDS Q. Install no more than equivalent of three 90-degree bends between boxes. Use conduit bodies to make sharp changes in direction, as around beams. Use factory elbows for bends in metal conduit larger than 2 inch size. R. Avoid moisture traps; provide junction box with drain fitting at low points in conduit system. S. Provide suitable fittings to accommodate expansion and deflection where conduit crosses, control and expansion joints. T. Provide suitable pull string in each empty conduit except sleeves and nipples. U. Use suitable caps to protect installed conduit against entrance of dirt and moisture. V. Ground and bond conduit under provisions of Section 16170. W. Identify conduit under provisions of Section 16195. X. Ducts shall be cleaned with an flexible mandrel assembly. Y. All conduits passing vertically through slabs on grade shall be rigid steel or IMC. Rigid steel and IMC conduits shall be applied with protective coatings as indicated herein. Z. Underground branch circuit extensions to parking lot lighting fixtures and other branch circuits may be direct buried PVC conduit. Service entrance PVC conduit shall be concrete encased in accordance with the drawings unless otherwise approved by the Engineer. AA. Minimum cover for underground conduits shall be 24 inches. 3.2 INTERFACE WITH OTHER PRODUCTS A. Install conduit to preserve fire resistance rating of partitions and other elements. B. Route conduit through roof openings for piping and ductwork or through suitable roof jack with pitch pocket. Coordinate location with roofing installation. 01270107 05/08 END OF SECTION 16111 CONDUIT 16111 -5 Lubbock Preston Smith International Airport FIDS/BIDS r� SECTION 16123 BUILDING WIRE AND CABLE PART 1-GENERAL 1.1 SECTION INCLUDES A. Building wire and cable. B. Wiring connectors and connections. 1.2 RELATED SECTIONS A. Section 16195 - Electrical Identification. 1.3 REFERENCES A. Section 01400 - Quality Control: Requirements for references and standards. B. NECA Standard of Installation (National Electrical Contractors Association). C. NETA ATS - Acceptance Testing Specifications for Electrical Power Distribution Equipment and Systems (International Electrical Testing Association). D. NFPA 70 -National Electrical Code. 1.4 SUBMITTALS FOR REVIEW A. Submit to Architect/Engineer. B. Product Data: Provide for each cable assembly type. 1.5 SUBMITTALS FOR INFORMATION A. Submit to Architect/Engineer. B. Test Reports: Indicate procedures and values obtained. C. Manufacturer's Installation Instructions: Indicate application conditions and limitations of use stipulated by product testing agency specified under Regulatory Requirements. 1.6 SUBMITTALS AT PROJECT CLOSEOUT A. Submit to Architect/Engineer. B. Project Record Documents: Record actual locations of components and circuits. 1.7 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing products specified in this Section with minimum three years documented experience. 01270107 BUILDING WIRE AND CABLE I6123 - 1 05/08 t. Lubbock Preston Smith International Airport FIDSBIDS 1.8 REGULATORY REQUIREMENTS A. Conform to NFPA 70. [_ -= B. Furnish products listed and classified by Underwriters Laboratories Inc. as suitable for the purpose specified and indicated. 1.9 FIELD SAMPLES A. Provide under provisions of Section 01400. 1.10 PROJECT CONDITIONS A. Verify that field measurements are as indicated. B. Conductor sizes are based on copper. C. Wire and cable routing indicated is approximate unless dimensioned. 1.11 COORDINATION A. Where wire and cable destination is indicated and routing is not shown, determine exact routing and lengths required. PART 2-PRODUCTS 2.1 BUILDING WIRE A. Manufacturers: 1. Southwire. 2. American Cable. 3. Houston Wire and Cable. 4. Substitutions: Refer to Section 01600 - Material and Equipment. B. Description: Single conductor insulated wire. C. Conductor: Copper. D. Insulation Voltage Rating: 600 volts. E. Insulation: NFPA 70, Type THHN/THWN and XHHW. F. MC Cable: Shall not be utilized on this project. G. Refer to other specifications for wire and cable requirements for specific systems. 2.2 WIRING CONNECTORS A. Split Bolt Connectors: 1. 11sco. 2. Buchanan. 3. Burndy. 4. Substitutions: Refer to Section 01600 - Material and Equipment. B. Solderless Pressure Connectors: 1. Ilsco. 2. Buchanan. 3. Bumdy. 4. Substitutions: Refer to Section 01600 - Material and Equipment. 01270107 BUILDING WIRE AND CABLE 16123 - 2 05/08 Lubbock Preston Smith International Airport FIDSBIDS C. Spring Wire Connectors: 1. Ideal. 2. Substitutions: Refer to Section 01600 - Material and Equipment. D. Compression Connectors: 1. Ilsco. 2. Buchanan. 3. Burndy. 4. Substitutions: Refer to Section 01600 - Material and Equipment. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that interior of building has been protected from weather. B. Verify that mechanical work likely to damage wire and cable has been completed. C. Verify that raceway installation is complete and supported. 3.2 PREPARATION A. Completely and thoroughly swab raceway before installing wire. 3.3 WIRING METHODS A. Concealed Dry Interior Locations: Use only building wire, Type THW or THHN/THWN insulation, in raceway. B. Exposed Dry Interior Locations: Use only building wire, Type THW or THHN/THWN insulation, in raceway. C. Above Accessible Ceilings: Use only building wire, Type THW or THHN/TH WN insulation, in raceway. D. Wet or Damp Interior Locations: Use only building wire, Type THW or THHN/THWN insulation, in raceway. E. Exterior Locations: Use only building wire, Type THW, THHN/THWN or XHHW insulation, in raceway. F. Use wiring methods indicated. 3.4 INSTALLATION A. Route wire and cable as required to meet Project Conditions. B. Install cable in accordance with the NECA "Standard of Installation." C. Use solid conductor for feeders and branch circuits 10 AWG and smaller. D. Use stranded conductors for control circuits. E. Use conductor not smaller than 12 AWG for power and lighting circuits with the exception of pre -manufactured fixture whips, listed for such use and not exceeding 6' in length. F. Use conductor not smaller than 14 AWG for control circuits. G. Use 10 AWG conductors for 20 ampere, 120 volt branch circuits longer than 75 feet. H. Install all conductors in conduit. 1. Pull all conductors into raceway at same time. J. Use suitable wire pulling lubricant for building wire 4 AWG and larger. K. Protect exposed cable from damage. 01270107 BUILDING WIRE AND CABLE 16123 -3 i 05/08 Lubbock Preston Smith International Airport n FIDSBIDS L. All cables shall be neatly supported. M. Use suitable cable fittings and connectors. N. Neatly train and lace wiring inside boxes, equipment, and panelboards. a_ O. Clean conductor surfaces before installing lugs and connectors. P. Make splices, taps, and terminations to carry full ampacity of conductors with no perceptible temperature rise. Q. Use split bolt connectors for copper conductor splices and taps, 6 AWG and larger. Tape uninsulated conductors and connector with electrical tape to 150 percent of insulation rating of conductor. R. Use solderless pressure connectors with insulating covers for copper conductor splices and taps, 8 AWG and smaller. S. Use insulated spring wire connectors with plastic caps for copper conductor splices and taps, 10 AWG and smaller. T. Identify and color code wire and cable under provisions of Section 16195. Identify each conductor with its circuit number or other designation indicated. U. The number of conductors in each conduit run shall be limited to the requirements as indicated on the drawings and stated in Article 310-15 of the National Electrical Code. V. Where indicated on the drawings, provide an independent neutral conductor for each phase -- conductor. Sharing of neutral conductors shall not be allowed where noted. 3.5 FIELD QUALITY CONTROL A. Inspect and test in accordance with NETA ATS, except Section 4. B. Perform inspections and tests listed in NETA ATS, Section 7.3.1. END OF SECTION 16123 01270107 BUILDING WIRE AND CABLE 16123 - 4 05/08 i_ Lubbock Preston Smith International Airport FIDSBIDS SECTION 16130 BOXES PART 1 - GENERAL 1.1 SECTION INCLUDES A. Wall and ceiling outlet boxes. B. Pull and junction boxes. 1.2 RELATED SECTIONS A. Section 16140 - Wiring Devices: Wall plates in finished areas. 1.3 REFERENCES A. NECA - Standard of Installation. B. NEMA FB 1 - Fittings and Supports for Conduit and Cable Assemblies. C. NEMA OS 1 - Sheet -steel Outlet Boxes, Device Boxes, Covers, and Box Supports. D. NEMA 250 - Enclosures for Electrical Equipment (1000 Volts Maximum). E. NFPA 70 -National Electrical Code. 1.4 SUBMITTALS FOR CLOSEOUT A. Submit to Architect/Engineer. B. Record actual locations and mounting heights of outlet, pull, and junction boxes on project record documents. 1.5 REGULATORY REQUIREMENTS A. Conform to requirements of NFPA 70. B. Provide Products listed and classified by Underwriters Laboratories, Inc., as suitable for the purpose specified and indicated. PART 2-PRODUCTS 2.1 OUTLET BOXES A. Sheet Metal Outlet Boxes: NEMA OS 1, galvanized steel. B. Luminaire and Equipment Supporting Boxes: Rated for weight of equipment supported; include half -inch (13 mm) male fixture studs where required. C. Cast Boxes: NEMA FB 1, Type FD, cast feralloy. Provide gasketed cover by box manufacturer. D. Wall Plates for Finished Areas: As specified in Section 16140. 01270107 BOXES 16130 - 1 05/08 Lubbock Preston Smith International Airport FIDSBIDS 2.2 PULL AND JUNCTION BOXES A. Sheet Metal Boxes: NEMA OS 1, galvanized steel. B. Surface Mounted Cast Metal Box: NEMA 250, Type 4; flat -flanged, surface mounted junction box. C. Material: Galvanized cast iron. D. Cover: Furnish with ground flange, neoprene gasket, and stainless steel cover screws. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify locations of outlets in all locations areas prior to rough -in. 3.2 INSTALLATION A. Install boxes in accordance with NECA "Standard of Installation." B. Install in locations as shown on Drawings, and as required for splices, taps, wire pulling, equipment connections and compliance with regulatory requirements. C. Set wall mounted boxes at elevations to accommodate mounting heights specified in section for outlet device. D. Electrical boxes are shown on Drawings in approximate locations unless dimensioned. Adjust box location up to 10 feet if required to accommodate intended purpose. E. Orient boxes to accommodate wiring devices oriented as specified in Section 16140. F. Maintain headroom and present neat mechanical appearance. G. Install pull boxes and junction boxes above accessible ceilings and in unfinished areas only. H. Inaccessible Ceiling Areas: Install outlet and junction boxes no morethan 6 inches from ceiling access panel or from removable recessed luminaire. I. Install boxes to preserve fire resistance rating of partitions and other elements, using materials and methods specified in Section 07270. J. Coordinate mounting heights and locations of outlets mounted above counters, benches, and backsplashes with Architectural drawings and other trades. K. Locate outlet boxes to allow luminaires positioned as shown on reflected ceiling plan. L. Align adjacent wall mounted outlet boxes for switches, thermostats, and similar devices. M. Use flush mounting outlet box in finished areas. N. Locate flush mounting box in masonry wall to require cutting of masonry unit corner only. Coordinate masonry cutting to achieve neat opening. O. Do not install flush mounting box back-to-back in walls; provide minimum 6 inches separation. Provide minimum 24 inches separation in acoustic rated walls. P. Secure flush mounting box to interior wall and partition studs. Accurately position to allow for surface finish thickness. Q. Use stamped steel bridges to fasten flush mounting outlet box between studs. R. Install flush mounting box without damaging wall insulation or reducing its effectiveness. S. Use adjustable steel channel fasteners for hung ceiling outlet box. T. Do not fasten boxes to ceiling support wires, U. Support boxes independently of conduit. V. Use gang box where more than one device is mounted together. Do not use sectional box. W. Use gang box with plaster ring for single device outlets. 01270107 BOXES 16130 - 2 05/08 Lubbock Preston Smith International Airport FIDSBIDS X. Use cast outlet box in exterior locations exposed to the weather and wet locations and at all locations serving kitchen equipment. Y. Large Pull Boxes: Use hinged enclosure in interior dry locations, surface -mounted cast metal box in other locations. Z. Coordinate with other trades for box rough -in, such that control devices are grouped (i.e., thermostats, wall switches, volume controls, etc.). 3.3 INTERFACE WITH OTHER PRODUCTS A. Coordinate installation of outlet box for equipment connected under Section 16180. 3.4 ADJUSTING A. Adjust flush -mounting outlets to make front flush with finished wall material. B. Install knockout closures in unused box openings. 3.5 CLEANING A. Clean interior of boxes to remove dust, debris, and other material. B. Clean exposed surfaces and restore finish. 3.6 REPAIR A. Repair any areas or surfaces damaged during conduit installation. B. Paint (resurface) to original condition. END OF SECTION 16130 01270107 BOXES 16130 - 3 05i08 Lubbock Preston Smith International Airport FIDSBIDS SECTION 16140 WIRING DEVICES PART 1- GENERAL 1.1 SECTION INCLUDES A. Wall switches. B. Receptacles. C. Device plates and decorative box covers. 1.2 RELATED SECTIONS A. Section 16130 - Boxes. 1.3 REFERENCES A. NECA - Standard of Installation. B. NEMA WD 1 - General Requirements for Wiring Devices. C. NEMA WD 6 - Wiring Device — Dimensional Requirements. D. NFPA 70 - National Electrical Code. 1.4 SUBMITTALS FOR REVIEW A. Submit to Architect/Engineer. B. Product Data: Provide manufacturer's catalog information showing dimensions, colors and configurations. 1.5 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing the Products specified in this section with minimum three years documented experience. 1.6 REGULATORY REQUIREMENTS A. Conform to requirements of NFPA 70. B. Provide Products listed and classified by Underwriters Laboratories, Inc., as suitable for the purpose specified and indicated. PART 2 - PRODUCTS 2.1 WALL SWITCHES A. Manufacturers: 1. Hubbell1221-I. 2. Leviton 1221-I. 01270107 WIRING DEVICES 16140 - 1 05/08 Lubbock Preston Smith International Airport FIDSBIDS 3. General Electric 5951-2G. 4. Substitutions: Refer to Section 01600. B. Description: NEMA WD 1, 20 amp, Heavy -Duty, AC only general -use snap switch. C. Body and Handle: nylon ivory handle. D. Utilize equivalent series of manufacturer's numbers above for three-way, four-way and two -pole applications. 2.2 DIMMERS A. Manufacturers 1. Hubbell AS 153 B. Description: 1500 watt, 120V, 60hz. Slide control. C. Device Body: Provide Hubbell ASI1, ivory plate kit. D. Fluorescent Dimmers: All fluorescent dimmers shall be compatible with fluorescent ballasts; Lutron or approved equal. 2.3 RECEPTACLES A. Manufacturers: 1. Hubbell5352. B. Description: NEMA WD 1, Heavy-duty general use receptacle with triple wipe contacts and grounding contacts integral with backstrap (no rivets). C. Device Body: Ivory plastic. D. Configuration: NEMA WD 6, type as specified and indicated. E. Convenience Receptacle: Type 5-20. F. GFCI Receptacle: Convenience receptacle with integral ground fault circuit interrupter to meet regulatory requirements. Hubbell GF5362-1 or equivalent. 2.4 OCCUPANCY SENSORS A. Manufacturers 1. Mytech 2. Watt Stopper B. Adjustable sensitivity and off delay time range of 5 to 30 minutes. C. Device Color: 1. Wall Mounted: Ivory. 2. Ceiling Mounted: White. D. Occupancy detection indicator. E. Provide a wall mounted override switch at the exit to the area. Override may be integral with wall mounted sensors. F. Sensors near or on wall shall have 180 degrees coverage; sensors in the center of the area shall have 360 degrees of coverage. Sensor coverage shall be adequate for the space controlled or the Contractor shall provide additional detectors as required. G. Devices shall be rated for the voltage they control. H. Devices shall be combination devices with ultrasonic and infrared sensors. 1. Ultrasonic Sensors: Crystal controlled with circuitry that causes no detection interference between adjacent sensors. 2. Infrared Sensors: With daylight filter and lens to afford coverage applicable to space to be controlled. I. Provide additional relays or slave packs as required for control indicated. 01270107 WIRING DEVICES 16140 - 2 05/08 a_1 Lubbock Preston Smith International Airport FIDSBIDS 2.5 WALL PLATES A. Decorative Cover Plate: Stainless steel. B. Weatherproof Cover Plate: Gasketed cast metal with gasketed device cover on exterior devices. C. Surface Mounted Plates: Galvanized steel plates PART 3 - EXECUTION 3.1 EXAMINATION A. Section 01039 - Coordination and Meetings: Verification of existing conditions prior to beginning work. B. Verify that outlet boxes are installed at proper height. C. Verify that wall openings are neatly cut and will be completely covered by wall plates. D. Verify that branch circuit wiring installation is completed, tested, and ready for connection to wiring devices. E. Verify installation location of all boxes to be installed in millwork with Architect. 3.2 PREPARATION A. Provide extension rings to bring outlet boxes flush with finished surface. B. Clean debris from outlet boxes. 3.3 INSTALLATION A. Install in accordance with NECA "Standard of Installation." B. Install devices plumb and level. C. Install switches with OFF position down. D. Do not share neutral conductor on load side of dimmers. E. Install receptacles with grounding pole on top. F. Connect wiring device grounding terminal to branch circuit equipment grounding conductor. G. Install decorative plates on switch, receptacle, and blank outlets in finished areas. H. Connect wiring devices by wrapping conductor around screw terminal. I. Use jumbo size plates for outlets installed in masonry walls. J. Install galvanized steel plates on outlet boxes and junction boxes in unfinished areas, above accessible ceilings, and on surface mounted outlets. K. Install blank cover plate to match other wall plates on all unused boxes. 3.4 INTERFACE WITH OTHER PRODUCTS A. Coordinate locations of outlet boxes provided under Section 16130 to obtain mounting heights specified and indicated on drawings. B. Install all wall switches, thermostats, and fire alarm pull stations at 48 inches above finished floor. C. Install convenience receptacle 18 inches above finished floor. D. Install convenience receptacle 6 inches above backsplash of counter unless otherwise directed by Architect. E. Install telephone jack 18 inches above finished floor. 01270107 WIRING DEVICES 16140 - 3 05/08 Lubbock Preston Smith International Airport FIDSBIDS F. Install telephone jack for side -reach wall telephone to position top of telephone at 52 inches above finished floor. G. Install telephone jack for forward -reach wall telephone to position top of telephone at 48 above finished floor. 3.5 FIELD QUALITY CONTROL A. Inspect each wiring device for defects. B. Operate each wall switch with circuit energized and verify proper operation. C. Verify that each receptacle device is energized. D. Test each receptacle device for proper polarity. E. Test each GFCI receptacle device for proper operation. F. Verify that each telephone jack is properly connected and circuit is operational. 3.6 ADJUSTING A. Adjust devices and wall plates to be flush and level. 3.7 CLEANING A. Clean exposed surfaces to remove splatters and restore finish. END OF SECTION 16140 01270107 WIRING DEVICES 16140 - 4 05/08 Lubbock Preston Smith International Airport FIDSBIDS SECTION 16170 GROUNDING AND BONDING PART 1 - GENERAL 1.1 SECTION INCLUDES A. Grounding electrodes and conductors. B. Equipment grounding conductors. C. Bonding. 1.2 REFERENCES A. NETA ATS - Acceptance Testing Specifications for Electrical Power Distribution Equipment and Systems (International Electrical Testing Association). B. NFPA 70 - National Electrical Code. 1.3 GROUNDING SYSTEM DESCRIPTION A. Metal underground water pipe. B. Metal frame of the building. C. Rod electrode. 1.4 PERFORMANCE REQUIREMENTS A. Grounding System Maximum Resistance: 10 ohms. 1.5 SUBMITTALS FOR REVIEW A. Submit to Architect(Engineer. B. Product Data: Provide for grounding electrodes and connections. 1.6 SUBMITTALS FOR CLOSEOUT A. Submit to Architect/Engineer. B. Project Record Documents: Record actual locations of components and grounding electrodes. C. Certificate of Compliance: Indicate approval of installation by authority having jurisdiction. 1.7 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing the Products specified in this section with minimum three years documented experience, and with service facilities within 100 miles of Project. 01270107 GROUNDING AND BONDING 16170 - 1 05/08 Lubbock Preston Smith International Airport FIDSBIDS 1.8 REGULATORY REQUIREMENTS A. Conform to requirements of NFPA 70. B. Products: Listed and classified by Underwriters Laboratories, Inc. as suitable for the purpose specified and indicated. PART 2-PRODUCTS 2.1 ROD ELECTRODES A. Material: Copper. B. Diameter: 3/4 inch. C. Length: 10 feet. 2.2 MECHANICAL CONNECTORS A. Material: Bronze. 2.3 EXOTHERMIC CONNECTIONS A. Manufacturers: Cadweld. 2.4 WIRE A. Material: Stranded copper. B. Grounding Electrode Conductor: Minimum size to meet NFPA 70 requirements or as indicated on the drawings. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that final backfill and compaction has been completed before driving rod electrodes. 3.2 INSTALLATION A. Install rod electrodes. Install additional rod electrodes as required to achieve a resistance to ground of 10 ohms or less. B. Provide bonding to meet Regulatory Requirements. C. Bond together metal siding not attached to grounded structure; bond to ground. D. Equipment Grounding Conductor: Provide separate, insulated conductor within each feeder and branch circuit raceway. Terminate each end on suitable lug, bus, or bushing. E. All underground connectors shall be the exothermic type. 01270107 GROUNDING AND BONDING 16170 - 2 05/08 Lubbock Preston Smith International Airport } FIDSBIDS 3.3 FIELD QUALITY CONTROL A. Inspect and test in accordance with NETA ATS, except Section 4. B. Perform inspections and tests listed in NETA ATS, Section 7.13. END OF SECTION 16170 01270107 GROUNDING AND BONDING 16170 - 3 05/08 Lubbock Preston Smith International Airport FIDSBIDS SECTION 16180 EQUIPMENT WIRING SYSTEMS PART 1-GENERAL 1.1 SECTION INCLUDES A. Electrical connections to equipment specified under other sections. 1.2 RELATED SECTIONS A. Section 16000 - Basic Electrical Methods. 1.3 REFERENCES A. NEMA WD I - General Purpose Wiring Devices. B. NEMA WD 6 - Wiring Device Configurations. C. ANSI/NFPA 70 -National Electrical Code. 1.4 SUBMITTALS A. Submit to Architect/Engineer. B. Product Data: Provide wiring device manufacturer's catalog information showing dimensions, configurations, and construction. C. Manufacturer's Instructions: Indicate application conditions and limitations of use stipulated by Product testing agency specified under Regulatory Requirements. Include instructions for storage, handling, protection, examination, preparation, installation, and starting of Product. 1.5 REGULATORY REQUIREMENTS A. Conform to requirements of ANSI/NFPA 70. B. Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose specified and shown. 1.6 COORDINATION A. Obtain and review shop drawings, product data, and manufacturer's instructions for equipment furnished under other sections. B. Determine connection locations and requirements. C. Sequence rough -in of electrical connections to coordinate with installation schedule for equipment. D. Sequence electrical connections to coordinate with start-up schedule for equipment. 01270107 EQUIPMENT WIRING SYSTEMS 16180 - 1 05/08 Lubbock Preston Smith International Airport FIDSBIDS PART 2-PRODUCTS 2.1 CORDS AND CAPS A. Attachment Plug Construction: Conform to NEMA WD 1. B. Configuration: NEMA WD 6; match receptacle configuration at outlet provided for equipment. C. Cord Construction: ANSI/NFPA 70, multiconductor flexible cord with identified equipment grounding conductor, suitable for use in damp locations. D. Size: Suitable for connected load of equipment, length of cord, and rating of branch circuit overcurrent protection. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that equipment is ready for electrical connection, wiring, and energization. 3.2 ELECTRICAL CONNECTIONS A. Make electrical connections in accordance with equipment manufacturer's instructions. B. Make conduit connections to equipment using flexible conduit. Use liquidtight flexible conduit with watertight connectors in damp or wet locations. Make wiring connections using wire and cable with insulation suitable for temperatures encountered in heat producing equipment. C. Provide receptacle outlet where connection with attachment plug is indicated. Provide cord and cap where field -supplied attachment plug is indicated. D. Provide suitable strain -relief clamps and fittings for cord connections at outlet boxes and equipment connection boxes. E. Install disconnect switches, controllers, control stations, and control devices as indicated. F. Modify equipment control,wiring with terminal block jumpers as indicated. G. Provide interconnecting conduit and wiring between devices and equipment where indicated. H. Check and modify phase connections as required for proper motor rotation. I. Provide power to equipment only after equipment supplier verifies acceptance to receive and approves. END OF SECTION 16180 01270107 EQUIPMENT WIRING SYSTEMS 16180 - 2 05/08 Lubbock Preston Smith International Airport FIDSBIDS SECTION 16190 SUPPORTING DEVICES PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions. 1.2 SECTION INCLUDES A. Conduit and equipment supports. B. Anchors and fasteners. 1.3 REFERENCES A. NECA - National Electrical Contractors Association. B. ANSUNFPA 70 - National Electrical Code. 1.4 REGULATORY REQUIREMENTS A. Conform to requirements of ANSI/NFPA 70. B. Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose specified and shown. PART 2 - PRODUCTS 2.1 PRODUCT REQUIREMENTS A. Materials and Finishes: Provide adequate corrosion resistance. B. Provide materials, sizes, and types of anchors, fasteners and supports to carry the loads of equipment and conduit. Consider weight of wire in conduit when selecting products. C. Anchors and Fasteners: 1. Concrete Structural Elements: Use expansion anchors, powder actuated anchors and preset inserts. 2. Steel Structural Elements: Use beam clamps, spring steel clips and steel ramset fasteners. 3. Concrete Surfaces: Use self -drilling anchors and expansion anchors. 4. Sheet Metal: Use sheet metal screws. 5. Wood Elements: Use wood screws. PART 3 - EXECUTION 3.1 INSTALLATION A. Install products in accordance with manufacturer's instructions. B. Provide anchors, fasteners, and supports in accordance with NECA "Standard of Installation'. C. Do not fasten supports to pipes, ducts, mechanical equipment, and conduit. 01270107 SUPPORTING DEVICES 16190 - 1 05/08 Lubbock Preston Smith International Airport FIDSBIDS D. Obtain permission from Engineer before drilling or cutting structural members. E. Fabricate supports from structural steel as indicated on drawings. Rigidly weld members or use hexagon head bolts to present neat appearance with adequate strength and rigidity. Use lock washers under all nuts. F. Install surface -mounted cabinets and panelboards with minimum of four anchors. G. In wet and damp locations use steel channel supports to stand cabinets and panelboards one inch off wall. H. Install conduit supports a maximum spacing specified in the NEC. I. All equipment shall be mounted in a manner to resist forces of 0.5 times the equipment weight in any direction and 1.5 times the equipment weight in the downward direction. END OF SECTION 16190 01270107 SUPPORTING DEVICES 16190 - 2 05/08 s, Lubbock Preston Smith International Airport FIDS/BIDS g SECTION 16195 ELECTRICAL IDENTIFICATION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings, General Conditions of the Contract for Construction, Supplementary Conditions. 1.2 SECTION INCLUDES A. Nameplates and labels. B. Wire and cable markers. 1.3 REFERENCES A. ANSI/NFPA 70 - National Electrical Code. PART 2-PRODUCTS 2.1 NAMEPLATES AND LABELS A. Nameplates and Labels: Engraved three -layer laminated plastic, white letters on black background. B. Locations: 1. Each electrical distribution and control equipment enclosure. 2. Communication cabinets, and computer cabinets. 3. Field disconnects, start stop stations, control panels. C. Letter Size: I . Use 1 /4 inch letters for identifying individual equipment and loads. 2. Use 1/4 inch letters for identifying grouped equipment and loads. 3. Use 3/8 inch letters for identifying Main Disconnect equipment. D. All warning and safety signs shall meet the requirements of NEC 110-16 and the sign design shall be in accordance with ANSI Z 535.4 — 1998. 2.2 WIRE/CONDUIT/BOX MARKERS A. Description: Brady B-321 Heat -Shrink Polyolefin markers. Typed label to identify each termination end point of the conductor. DC conductors shall identify polarity. B. Locations: Each conductor at wireway, pull boxes, outlet and junction boxes, and each load connection. All conduit penetrations identifying the location of each end. C. Legend: I. Power and Lighting Circuits: Branch circuit or feeder number indicated on drawings. D. Boxes: 1. Label each junction box in accessible locations to indicate the type of system (i.e.; security; power circuit - 1,3,5; etc.) 2. Paint all fire alarm junction boxes red. 01270107 ELECTRICAL IDENTIFICATION 16195 - I 05/08 1__f Lubbock Preston Smith International Airport FIDSBIDS PART 3 - EXECUTION 3.1 PREPARATION A. Degrease and clean surfaces to receive nameplates and labels. 3.2 APPLICATION A. Install nameplate and label parallel to equipment lines. B. Secure nameplate to equipment front using screws or rivets. C. Identify underground conduits using underground warning tape. Install one tape per trench at 12 inches below finished grade. Identify all conduit at exposed locations into all boxes, cabinets, etc. (see specification Section 16000) D. Identify all conductors at every termination indicating endpoints of termination and tag identification as required. E. Color coding for phase identification: 120/208 volts Phase 277/480 volts Black A Brown Red B Orange Blue C Yellow White Neutral Gray Green Ground Green Conductor phase and voltage identification shall be made by color -coded insulation for all conductors smaller than No. 6 AWG. For conductors No. 6 AWG and larger, identification shall be made by color -coded insulation, or conductors with black insulation may be furnished and identified by colored electrical tape. Conductor identification shall be provided within each enclosure where a tap, splice, or termination is made. END OF SECTION 16195 01270107 ELECTRICAL IDENTIFICATION 16195 - 2 05/08 Lubbock Preston Smith International Airport FIDSBIDS SECTION 16441 ENCLOSED SWITCHES PART 1- GENERAL 1.1 SECTION INCLUDES A. Fusible switches. B. Non -fusible switches. C. Fuses. 1.2 REFERENCES A. NEMA KS 1 - Enclosed Switches. B. NFPA 70 -National Electrical Code. C. UL 198C - High -Interrupting Capacity Fuses; Current Limiting Type. D. UL 198E - Class R Fuses. E. NEMA AB 1 — Molded Case Circuit Breakers F. NECA — Standard of Installation 1.3 SUBMITTALS A. Submit under provisions of other Sections. B. Product Data: Provide switch ratings and enclosure dimensions. 1.4 QUALITY ASSURANCE A. Perform Work in accordance with NECA Standard of Installation. 1.5 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing Products specified in this Section with minimum three years documented experience. 1.6 REGULATORY REQUIREMENTS A. Conform to requirements of NFPA 70. B. Furnish products listed and classified by UL as suitable for purpose specified and shown. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Square D. B. General Electric. 01270107 ENCLOSED SWITCHES 16441 - 1 05/08 Lubbock Preston Smith International Airport FIDSBIDS 2.2 ENCLOSED SWITCHES A. Fusible or Non -fusible as indicated. B. Switch Assemblies: NEMA KS 1, Type HD load interrupter enclosed knife switch with externally operable handle interlocked to prevent opening front cover with switch in ON position. Handle lockable in OFF position. C. Fuse Clips: Designed to accommodate NEMA FUI, class R fuses. D. Enclosures: NEMA KS 1. E. Interior Dry Locations: Type 1. F. Exterior Locations: Type 311 or 4. G. NEMA ratings of enclosures as specified on drawings take precedence over location specification. H. Current rating of switch to be equal to or greater than that of the circuit it is interrupting. 2.3 FUSES A. Manufacturers: 1. Bussman. 2. Littlefuse. 3. Gould Shawmut. B. Dimensions and Performance: NEMA FU 1, Class as specified or indicated. C. Voltage: Provide fuses with suitable voltage ratings for phase to phase voltages. D. Service Entrance: Class L, Bussman Low -peak or equivalent. E. General Purpose Loads: Class RK1, Bussman Low -peak or equivalent. F. Motor Loads: Class RK5, Bussman Fusetron or equivalent. PART 3 - EXECUTION 3.1 INSTALLATION A. Install in accordance with NECA Standard of Installation B. Install fuses in all fusible disconnects. C. Apply adhesive tag on the inside door of all disconnects indicating the NEMA class fuse and size installed. D. Provide a disconnect switch for all equipment where indicated or required by the National Electrical Code. Coordinate with other disciplines to determine where disconnects are furnished with equipment. END OF SECTION 16441 01270107 ENCLOSED SWITCHES 16441 - 2 05/08 Lubbock Preston Smith International Airport FIDSBIDS f SECTION 16470 PANELBOARDS PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. B. Related Sections I . Section 16190 - Supporting Devices. 2. Section 16195 - Electrical Identification: Engraved nameplates. 1.2 SUMMARY A. Section Includes l . Distribution panelboards. 2. Lighting and appliance panelboards. B. References l . NECA (National Electrical Contractors Association) "Standard of Installation." 2. NEMA AB 1 - Molded Case Circuit Breakers. 3. NEMA ICS 2 - Industrial Control Devices, Controllers, and Assemblies. 4. NEMA KS 1 - Enclosed Switches. 5. NEMA PB 1 - Panelboards. 6. NEMA PB 1.1 - Instructions for Safe Installation, Operation and Maintenance of Panelboards Rated 600 Volts or Less. 7. NFPA 70 - National Electrical Code. 1.3 SUBMITTALS A. Submit under provisions of General Conditions. Shop Drawings: Indicate outline and support point dimensions, voltage, main bus ampacity, integrated short circuit ampere rating, circuit breaker and fusible switch arrangement and sizes. B. Manufacturer's Installation Instructions: Indicate application conditions and limitations of use stipulated by Product testing agency. Include instructions for storage, handling, protection, examination, preparation, installation, and starting of Product. 1.4 PROJECT RECORD DOCUMENTS A. Submit under provisions of General Conditions. Record actual locations of Products; indicate actual branch circuit arrangement. 1.5 OPERATION AND MAINTENANCE DATA A. Submit under provisions of General Conditions. Maintenance Data: Include spare parts data listing; and recommended maintenance procedures and intervals. 01270107 PANELBOARDS 16470 - 1 05/08 Lubbock Preston Smith International Airport -; FIDSBIDS 1.6 QUALITY ASSURANCE A. Perform Work in accordance with NECA Standard of Installation. 1.7 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing the Products specified in this section with minimum five years experience. 1.8 REGULATORY REQUIREMENTS A. Conform to requirements ofNFPA 70. Furnish products listed and classified by UL as suitable for purpose specified and indicated. 1.9 FIELD MEASUREMENTS A. Verify that field measurements are as indicated. 1.10 MAINTENANCE MATERIALS A. Provide maintenance materials under provisions of General Conditions. Provide two of each panelboard key if required. PART 2-PRODUCTS 2.1 DISTRIBUTION PANELBOARDS A. Manufacturers: 1. Culter Hammer -- 2. General Electric 3. Square D 4. Cutler Hammer B. Product description: NEMA PB 1, circuit breaker. C. Panelboard Bus: Copper, current carrying components, ratings a indicated on drawings. Furnish copper ground bus in each panelboard. D. Minimum integrated short circuit rating: Fully rated as indicated on drawings. E. Molded case circuit breakers: NEMA AB 1, bolt -on, circuit breakers UL listed as type HACR for air conditioning equipment branch circuits. F. Provide feeder breakers rated greater than 225 amps with adjustable thermal and magnetic trip settings. G. Cabinet: Provide a NEMA PB-1 Type 1 enclosure. 2.2 PANELBOARDS A. Manufacturers: 1. General Electric. 2. Square-D. 3. Cutler Hammer. B. Description: NEMA PB-1, circuit breaker type. 01270107 PANELBOARDS 16470 - 2 05i08 Lubbock Preston Smith International Airport FIDSBIDS gg i. C. Panelboard Bus: Copper with ratings as indicated. Provide a copper ground bus in each panelboard. D. Minimum integrated short circuit rating: Fully rated devices with minimum levels as indicated. Series rated systems will not be allowed. E. Molded Case Circuit Breakers: NEMA AB 1, bolt -on, circuit breakers with integral thermal and instantaneous magnetic trip in each pole. Provide circuit breakers UL listed as type HACR for air-conditioning equipment loads and type SWD for switching applications. F. Enclosure: NEMA PB-1, Type 1. G. Cabinet Front: Surface or recessed type as indicated on the drawings, fastened with concealed trim clamps, hinged door with flush lock, metal directory frame, and finished in manufacturer's standard gray enamel. PART 3-EXECUTION 3.1 INSTALLATION A. Install panelboards in accordance with NEMA PB 1.1. Install panelboards plumb. Provide supports in accordance with drawings and Section 16190. Height: 6 ft maximum to top of panelboard. Provide filler plates for unused spaces in panelboards. Provide typed circuit directory for each branch circuit panelboard. Revise directory to reflect circuiting changes required to balance phase loads. Spare slots shall be labeled as such in erasable pencil on directory. Provide engraved plastic nameplates under the provisions of Section 16195. B. Provide two empty 1 inch conduits from each recessed panelboard to an accessible location above and label as "spare". C. Ground each panelboard in accordance with section 16170 and as indicated on drawings. 3.2 FIELD QUALITY CONTROL A. Field inspection and test for grounds on each circuit after installation is completed. Measure steady state load currents at each panelboard feeder; rearrange circuits in the panelboard to balance the phase loads to within 20 percent of each other. Maintain proper phasing for multi -wire branch circuits. Visual and Mechanical Inspection: Inspect for physical damage, proper alignment, anchorage, and grounding. Check proper installation and tightness of connections for circuit breakers, fusible switches, and fuses. END OF SECTION 16470 01270107 PANELBOARDS 16470 - 3 05!08 [....i i Lubbock Preston Smith International Airport FIDSBIDS SECTION 16720 MULTIPLE -USER FLIGHT INFORMATION DISPLAY SYSTEM SOFTWARE AND EQUIPMENT 1.0 Introduction The following documentation describes the LAN -based Multiple -user Flight Information Display System (MUFIDS) proposed for Lubbock Preston Smith International Airport. 2.0 Statement of Compliance In the proposal, the MUFIDS provider shall state their compliance to all elements of this specification. 3.0 Project Overview 3.1 Project Scope The MUFIDS provider must provide the following products and services: rr Design, supply, and install a turnkey flight, baggage, and gate information display system that supports multiple carriers and multiple client workstations. rr Design the system architecture and network infrastructure. rr Supply and install, using the MUFIDS provider's own employees, all display devices, computer hardware and software, hubs, switches, and all other items necessary to complete a turnkey MUFIDS. Conduit, electrical, and cabling materials and installation may be provided by other sub- contractors. rr Provide user training, user manuals, operation and maintenance documentation and as -built drawings. The proposed MUFIDS must provide the following functionality: rr Manage flight schedules and data and distribute it to flight, gate, and baggage information displays throughout the terminal. rr Provide easy -to -use client access capability to allow users, with the appropriate security rights, to update, change, and modify master and daily schedules and security access, and generally administer the operation of the system. rr Provide a design tool which includes templates and allows a user to modify screen template designs for flat panels and video monitors rr Provide a warranty backed by OEM warranty and 12 months of full software warranty, and includes 24x7x365 Help Desk, using the MUFIDS provider's own employees. Additional post -warranty maintenance packages should be available. 3.2 Additive Alternate Functionality If the Additive Alternates are awarded, the proposed MUFIDS must also provide the following functionality: rr Provide interface to generate and distribute current and accurate flight information to the Airport's existing Web site. 01270107 MULTI-USER FLIGHT INFORMATION DISPLAY SYSTEM 16720-1 05/08 Lubbock Preston Smith International Airport FIDSBIDS rr Provide visual paging that is easily accessible from the client workstations. rr Provide an integrated solution to continuously monitor hardware, software application, system and database performance and availability. Provide an integrated automatic notification system to alert Operational, IT, or Administrative Personnel of any failure. rr Provide integrated fail -over recovery software that allows the MUFIDS to automatically resume normal operation on a redundant backup server if the primary server fails. 4.0 System Requirements The equipment and software proposed shall be off -the -shelf products from recognized sources in the industry. 4.1 System Architecture The architecture shall be client -server based and use industry -standard, off -the -shelf Internet/Web display tools and technologies. All display applications shall be developed with XML/XSL technology. The architecture shall be scalable and expandable to accommodate hardware and application changes and growth. The server operating system shall be Windows 2003 Server. The client operating system shall be Microsoft Windows XP Professional. Microsoft Internet Explorer shall be installed on each client. The local area network (LAN) shall be 100/ 1000 BASE-T Ethernet with TCP/IP protocol. The system shall be an open system that connects easily to external systems, such as airline host data feeds and gate management, interactive voice response (IVR), and MUSE/CUTE systems. The system's annual uptime shall be rated at 99.5% or better. 4.2 System Management and Support The system shall include system capability management tools, including Simple Network Management Protocol (SNMP)-compliant hardware and application -level support software. Approved tools include HP Openview or WhatsUp Gold. The MUFIDS provider must provide remote dial -in support to minimize involvement of Airport personnel. 4.3 Database Management The MUFIDS operating system and database must provide a seamless solution. The database management software used to store the MUFIDS operational data shall be an industry standard, scalable, reliable, relational, multi-user database, such as Microsoft SQL Server or Oracle. The proposed MUFIDS must have the capability such that the MUFIDS provider can add database fields quickly without making changes to the MUFIDS application software or the database schema. 4.4 Operator Access Operators shall access the system using client workstations. Each client workstations shall use the Windows XP Professional operating system and shall use Internet Explorer to access the MUFIDS application and flight information on the MUFIDS server. It shall be unnecessary for a MUFIDS client application to be installed on each workstation. An operator with the appropriate user privileges shall be able to access the MUFIDS application on the MUFIDS server from any browser -equipped client workstation on the MUFIDS network. 01270107 MULTI-USER FLIGHT INFORMATION DISPLAY SYSTEM 16720-2 05/08 �I Lubbock Preston Smith International Airport FIDSBIDS 4.5 Output Display Architecture & Formatting Each device display controller (DDC) shall use the Windows XP Professional operating system and shall have its own TCP/IP address on the Ethernet -based LAN. The MUFIDS server transmits information, including public and private page data and miscellaneous system control information, to all display devices. To reduce network bandwidth and improve screen update speeds, the display device shall update only the areas that have actually changed rather than the entire page. Display output shall use Web technologies, such as HTML/DHTML for pages on display devices and XML/XSL for portable data transfer and data transformation. 5.0 MUFIDS Application The MUFIDS application shall be a Windows 2003 Server -based, browser -based application. 5.1 Database The MUFIDS application shall use two schedules to maintain flight information: a main (or master) schedule and a daily schedule. The main schedule shall be a long-term schedule from which the daily schedule is generated each day. The Daily Schedule shall allow the user to easily check schedules from yesterday, today and tomorrow. Both schedules shall be stored in the database and shall be maintained manually or through automated data feeds. The system shall not be designed with hard constraints that would limit the number of flights per day. The number of flights per day shall be only a matter of scalability based upon the hardware platform. The system shall accommodate a minimum of 4,000 flights per day. 5.2 User Interface The user interface shall take advantage of the Windows and Web graphical user interface (GUI) standards as appropriate throughout the system. Whenever possible, pick lists, buttons, and dialog boxes shall be implemented to enhance date entry and reduce date entry time. The user interface shall be designed for ease of use to minimize training time. 5.2.1 User Flight Data Input The user shall use the main and the daily schedules to view and modify flight information. To eliminate the need to scroll through a schedule to view or modify data, the user shall be able to open a form -like dialog box. The dialog box shall allow the user to enter and modify easily all information that is associated with a particular flight in the schedule. 5.2.2 User Definable Interface The user shall be able to customize the appearance of the user interface based upon roles and individual needs. The user shall be able to filter the data displayed in main and daily schedules to only those fields that he wants to view, such as city, gate, and actual time. The user shall be able to customize the appearance of the user interface by changing the character and background colors of the user interface. The system shall retain each user's customizations, so that they are available to the user at any client workstation. 5.2.3 Display Attributes The user interface shall provide an easy -to -use tool to modify the display attributes of flight information. Depending on the capabilities of the display device (that is, flat panel display, monitor, LED) the user shall be able to display text as bold, underlined, italicized, and blinking or foreground or background text color change. For example, the user shall be able 01270107 MULTI-USER FLIGHT INFORMATION DISPLAY SYSTEM 16720-3 05/08 Lubbock Preston Smith International Airport FIDSBIDS to change the flight status "boarding" to display as blinking text. The user shall be able to select the attributes from easy to use pick lists. ,5.2.4 Canned Reports The user interface shall allow the user to easily generate, view, and print standard reports containing on -time statistics and gate utilization, daily fight, and flight audit information. Only authorized users shall have access to the reporting feature. 5.3 Screen Design Application The approved solution shall incorporate templates that can be modified by incorporating text, graphics, full -motion video clips, and even Web sites. At anytime during the design process, the screen designer shall allow the user to easily preview the screen design, using actual MUFIDS data. 5.3.1 Display Pages and Devices The screen designer shall be capable of modifying any type of display template; for example, a public arrival screen or gate departure screen. The screen designer shall accommodate page design for monitors, and flat panel displays. The screen designer shall include templates of single pages and split screens, for various aspect ratios and display resolutions, including aspect ratios of 16:9 and 4:3 and their varied corresponding resolutions. 5.3.2 Designer Tools The screen designer shall supply tools that allow the user to cut, copy, and paste both text and graphics. The user shall be able to place, drag, and size fields that allow graphics, text, columns of text, full -motion video clips, and even Web sites on a page. The user shall be able to reposition and resize these fields with ease. The screen designer shall include features, such as grid lines, sizing handles, and snap -to -grid action, for the easy placement and dynamic sizing of images, rows and text. 5.3.3 Screen Designer Features The screen designer shall offer a variety of Windows fonts and point sizes, and allow the user to specify bold, underlined, and blinking text. Background and text colors shall be adjustable and shall be selectable from a palette of 16 million colors. The user shall be able to add time of day and date to each display page. 5.3.4 Graphics and Wallpaper The screen designer shall allow the user to easily select and insert graphical images of a standard format; that is, JPG, PCX, BMP, and GIF. It shall allow multiple images to be placed on a page. The screen designer shall allow the user to easily select and insert background wallpaper graphical images of a standard format; that is, JPG, PCX, BMP, and GIF. It shall allow text and graphics to be placed over the wallpaper. 01270107 MULTI-USER FLIGHT INFORMATION DISPLAY SYSTEM 167204 05/08 Lubbock Preston Smith International Airport t FIDS/BIDS Graphic Images, at a resolution of 1360068, of the following airline logos shall be included as part of the new system: Southwest Airlines 2. Continental Express 3. American Eagle 5.3.5 Web Pages -. The screen designer shall allow the user to easily select and insert a Web site URL to display an actual Web page on a flat panel display or monitor page. 5.3.6 Additional Features The screen designer shall accommodate code sharing on a display by allowing the user to display airline logos or names and flight numbers and cities on the same line or on separate lines or by using a transition that alternately displays code -sharing information, fading from one to the other. The screen designer shall provide templates that have split-screen displays. Screens must be able to be split into two, three, or four sections for a different display of information in each section. Each section must be individually addressable. Page templates should be available to ensure uniformity in the appearance of displays throughout the Airport. 5.3.7 Live Data Display At anytime during the design process, the screen designer shall allow the user to easily preview the screen design, using actual MUFIDS data. 5.3.8 Airline Host Data Feeds The MUFIDS shall interface to and download flight data from host data feeds from the following airlines: Southwest Airlines. 5.4 Additive Alternate System Requirements If the Additive Alternates are awarded, the following shall be provided 5.4.1 Additive Alternate 1- Failover An integrated failover application shall be provided that allows the MUFIDS to automatically resume normal operation on a standby server if the primary server fails. A failover event that transfers all operations to a standby server must be a major, critical event affecting the primary server, such as an operating system lock -up. The system must have a dual server configuration. In this configuration, the system shall handle the failure of software components on the primary server by running them automatically on the secondary server. DDCs and clients must transparently switch to the secondary server in the event of a primary server failure. In the case of hardware failure on the primary server, the system must cut over automatically to the secondary server. The system's dual servers must be capable of providing both hot backup and designated active processing of information. 01270107 MULTI-USER FLIGHT INFORMATION DISPLAY SYSTEM 16720-5 05/08 Lubbock Preston Smith International Airport FIDS/BIDS The MUFIDS provider must provide remote dial -in or broadband VPN support to minimize involvement of Airport Personnel in the event of a system support occurrence or other intervention condition. 5.4.2 Additive Alternate 4 - Visual Paging The visual paging system must be a user friendly, integrated component of the MUFIDS client application. To create and display messages, the user shall be able to access the paging function from any client workstation. The visual paging system shall provide a method of displaying a visual paging message, emergency messages, and other visual information to hearing -impaired travelers, accurately and completely via dynamic electronic display media. The visual paging system is intended for disabled passenger information paging and emergency messages only. Free format messages shall be limited to text messages only. No animation display mode shall be used. The user must have the option to display messages immediately or to schedule messages for timed display. Scheduling must allow the user to specify starting day and time and ending day and time. The visual paging system must allow messages to be prioritized. These priorities control which messages get displayed first when there is not enough space to display all messages. As an option, the system shall provide predefined messages that the user can select with point -and -click mouse action and use "as is" or modify as necessary. These predefined messages will be maintained in the system database. 5.4.3 Additive Alternate 5 - World -Wide -Web Integration The MUFIDS software shall generate and distribute current and accurate flight information in HTML format to the Airport's existing Web site. MUFIDS information shall be updated automatically. 5.4.4 Additive Alternate 5 - MUFIDS Monitoring An integrated monitoring application shall be included to continuously monitor, application,. system, and database performance and availability. The monitoring application shall query the system's DDCs using SNMP methods. Other devices, such as print servers, shall also be monitored for availability. The monitoring application shall provide visual feedback and must be capable of automatically notifying the MUFIDS provider's Help Desk Facility if a failure occurs. A.. failure is defined as a minor event, such as a DDC failure, or a major event, such as server failure. I The monitoring application shall allow a system administrator to configure the severity levels. of error codes, the types of alerts, which diagnostic items you want to monitor, and the frequency level of each diagnostic check. l Notification capabilities shall include e-mail, pager, network messaging, and SNMP forwarding to a higher -level network monitoring system. 01270107 MULTI-USER FLIGHT INFORMATION DISPLAY SYSTEM 16720-6 05/08 i Lubbock Preston Smith International Airport FIDS/BIDS 5.5 Security E The MUFIDS shall support a minimum of 25 security levels. The system administrator shall be able to configure access restrictions for each user level. Users shall have to log on the system by entering a user name and password, which shall be verified by the system. Only the system administrator shall have rights to add and delete users, modify user rights, and access user names and passwords. ! The system administrator shall be able to restrict a user's rights to any aspect of the MUFIDS, ' including specific airlines or multiple airlines, specific fields of information in the main and daily schedules, and read-only and read/write permissions. The system administrator shall be able to define rights for single users and to establish roles for a group of users. E 5.6 System Administrator Controls The system administrator shall have exclusive access for the modification of system parameters, system time, and system date. The MUFIDS shall allow the system administrator to control access to the system in a number of areas. The system manager shall have the capability to issue and control the user names and passwords needed by users to access the features and functions of the MUFIDS. The system administrator shall have the ability to limit user access to flight data to an individual operator or a group of operators. Additional menu items and entry screens shall be made available to the system administrator who will maintain various databases that are associated with MUFIDS operation. Data shall include (but not necessarily be limited to): rr IATA Code/City Name rr Airline Code/Airline rr Status Code/Status Explanation rr Remark Codc/Rcmarks Text rr Gate Remark Code/Gate Remark Text 5.7 Auditing The MUFIDS shall provide an audit trail of all transactions. The audit trail in the form of a report shall indicate any changes that occurred to any of the databases and shall contain the date and time of the change, the user identification of the user who made the change, and the contents of the changed record. 6.0 MUFIDS Hardware Description 6.1 MUFIDS Server The MUFIDS server shall be Windows 2003-certified computer and at a minimum, the server shall include the following: Dell Power Edge 2950 or equal, Windows 2003 Certified I) 2.33GHz, Dual Core Intel Xeon, 4MB Cache 2) 2GB 667MHz (2XIGB), Dual Ranked DIMM's 3) 3-73GB, SAS, 10K Hard Drives, RAID Configuration 4) SAS 511 Integrated, X8, Backplane RAID 01270107 MULTI-USER FLIGHT INFORMATION DISPLAY SYSTEM 16720-7 05/08 Lubbock Preston Smith International Airport FIDSBIDS 5) W2K3 Server Standard Edition, 5 Client Access Licenses, English for PowerEdge 6) Dual On -Board Gigabit Ethernet NIC 7) 24X IDE CD-RW/DVD ROM Drive 8) Rack Chassis wNersa Rails 9) Dell - Aten 17" LCD Integrated Console (TFT Display, Keyboard, Touchpad) w/8 port KVM Switch 10) Warranty — 3 year next business day onsite. 6.2 Client Workstation The client workstations shall be Windows XP-certified computer and at a minimum, each client workstation shall include the following: Dell Opti Plex 330 Desktop or equal: I) 1.8GHz, IM, 800MHz Front Side Bus, Pentium Dual Core 2) 1GB 667MHz, DDR2 SDRAM 3) I-80GB, SATA Hard Drive 4) Windows XP Professional 5) On -Board Ethernet NIC 6) 48X CD-ROM Drive 7) Integrated Video 8) 19" UltraSharp 1907FP Flat Panel 9) USB Keyboard and Mouse 10) Warranty-3 year next business day onsite. 6.3 Device Display Controller Device Display Controller (DDC) computers will provide the interface between the data network and the display devices. DDCs will decode the data and generate the necessary control signals to drive the display devices. DDCs shall be Windows XP-certified computers. Each DDC must be capable of being upgraded with the addition of video cards, to drive one to four display devices. The minimum DDC specifications are as follows: Dell Opti Plex 755 SFF or equal: I ) 2.OGHz, 2M, 800MHz Front Side Bus, Intel Core 2 Duo 2) 1GB 667MHz, DDR2 SDRAM 3) I-80GB, SATA Hard Drive 4) Windows XP Professional 5) On -Board Gigabit Ethernet NIC 6) 24X CD-ROM Drive 7) Matrox G450 h'IMS Dual PCI 8) Warranty-3 year next business day onsite. 6.4 Display Devices Display monitors shall be 40" LCD — Samsung SyncMaster 400P, or equal. 01270107 MULTI-USER FLIGHT INFORMATION DISPLAY SYSTEM 16720-8 05/08 Lubbock Preston Smith International Airport FIDS/BIDS 6.5 Graphic Images The proposer shall include in the proposal a provision for the production of six logos or graphic images to be available no later than 30 days before the installation. The Airport administration will provide digitized graphics to the successful proposer. These graphics shall be placed into the software for display throughout the system. 6.6 Network Switches The following network switches shall be provided at the locations noted on the drawings: 1. 24 Port Switch —Dell 3424 or equal 2. 8 Port Switch — Linksys SD2008 or equal 6.7 Additive Alternate I - MUFIDS Failover Server If the Additive Alternate is awarded, the MUFIDS Failover server shall be a Windows 2003-certified computer, and at a minimum, the server shall include the following: Dell Power Edge 2950 or equal, Windows 2003 Certified l) 2.33GHz, Dual Core Intel Xeon, 4MB Cache 2) 2GB 667MHz (2x 1 GB), Dual Ranked DIMM's 3) 3-73GB, SAS, 1 OK Hard Drives, RAID Configuration 4) SAS 5/I Integrated, X8, Backplane RAID 5) W2K3 Server Standard Edition, 5 Client Access Licenses, English for PowerEdge 6) Dual On -Board Gigabit Ethernet NIC 7) 24X IDE CD-RW/DVD ROM Drive 8) Rack Chassis wNersa Rails 9) Warranty-3 year next business day onsite. 6.8 Additive Alternate 2 - Baggage Information Display System If Additive Alternate 2 is awarded, the existing LED displays, the LED clocks and Baggage Claim '. key pads shall be connected to the new MUFIDS. The proposer shall provide all software and hardware required to connect to the existing cabling and communication devices for the LED displays, clocks and keypads. 7.0 Warranty and Support The contract shall include the cost of a 12-month warranty for all system software and hardware. Warranty shall include 24x7x365 Help Desk Facility, Remote Hardware and Software Support, OEM Return -to -Factory Repair, and On -Call Emergency Service. All hardware support shall be handled via Help Desk support. The MUFIDS provider shall coordinate Return -to -Factory repair, if applicable. Primary software support will be handled by telephone and dial -up modem at no additional charge during the warranty period. During the warranty period, the MUFIDS provider must have in place a fully staffed Help Desk to provide telephone support to Airport personnel. The Help Desk must have a toll -free telephone number and be staffed by the MUFIDS provider's own employees. The Help Desk must be available 24 hours a day, seven days a week, 365 days a year. 8.0 Documentation The MUFIDS provider shall provide the following documentation in support of the project: Operator Manuals, System Administrator Manual, and the off -the -shelf Manufacturers' Product Documentation. 01270107 MULTI-USER FLIGHT INFORMATION DISPLAY SYSTEM 16720-9 05/08 Lubbock Preston Smith International Airport FIDS/BIDS Manufacturer's documentation on the LAN, Operating System, Windows Applications, and database shall also be provided. 9.0 Training The FIDS contractor shall provide 8 hours of on -site training, split into two sessions of 4 hours each, for the airport staff. Each class shall contain both lecture discussions and hands-on experience. 01270107 MULTI-USER FLIGHT INFORMATION DISPLAY SYSTEM 16720-10 05/08 Lubbock Preston Smith International Airport FIDS/BIDS SECTION 16768 FIBER OPTIC COMMUNICATIONS PART 1- GENERAL 1.1. SECTION INCLUDES A. Fiber optic cable. B. lnnerduct. C. Fiber optic distribution center. D. Fiber optic splicing. 1.2. RELATED SECTIONS A. Section 16195 —Electrical Identification. B. Section 16111— Conduit. 1.3. SUMMARY A. Base bid shall include the following: 1. Testing all fiber optic cables using an OTDR to determine if any cables have failed or have the potential to fail in the near future. A report shall be provided with data indicating the condition of all fiber optic cables. 2. Installing new fiber optic cable where specified on drawings and as specified herein. 1.4. SUBMITTALS FOR REVIEW A. Submittals: Provide 8 copies of submittals. B. Product Data: Provide for each cable type, lnnerduct, and fiber distribution center. 1.5. SUBMITTALS FOR INFORMATION A. Test Reports: Indicate procedures and values obtained. B. Manufacturer's Installation Instructions: Indicate application conditions and limitations of use stipulated by product testing agency specified under Regulatory Requirements. 1.6. QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing products specified in this section with minimum three years documented experience. B. Installer: Company specializing in installing the products specified in this section with a minimum two years documented experience. C. Products: Listed and classified by Underwriters Laboratories, Inc. testing firm and suitable for the purpose specified and indicated. 01270107 FIBER OPTIC COMMUNICATIONS 16768 - 1 05/08 Lubbock Preston Smith International Airport FIDS/BIDS PART 2 - PRODUCTS 2.1. GENERAL A. Equipment shall be rated for continuous operation under conditions of minus 40 to plus 122 degrees F and 10 to 95 percent relative humidity, noncondensing. B. All equipment shall be certified by the manufacturer to have a minimum life of 30 years. 2.2. FIBER OPTIC CABLE A. Manufacturers: I . Corning Cable Systems. 2. Belden 3. Substitutions: If approved by Engineer. B. Description: Type OFNR and FT-4. C. Exterior Insulation: UV resistant, flame retardant, and moisture resistant. D. Multimode Fibers: 50mm core diameter/125 mm cladding diameter, Class la Graded Index, maximum 3.5 dB/km attenuation. E. Single Mode Fibers: Class 1 Va Dispersion Unshifted, maximum 1.4 dB/km attenuation. F. Each fiber shall be protected by a protective tube. G. Cables shall have a jacketed strength member. H. Cables shall be of dielectric construction, requiring no grounding or bonding. I. Cables shall withstand an installation tensile load of between 135 and 608 pounds. J. Cables shall withstand an impact of 1.7 lbs/in minimum, and shall have a crush resistance of 317 pounds per square inch minimum. 2.3. FIBER CONNECTORS A. Description: ST-style ceramic connectors. PART 3 - EXECUTION 3.1. EXAMINATION A. Verification of Existing Conditions Before Starting Work. B. Verify installation of conduits and vaults. 3.2. PREPARATION A. Completely and thoroughly swab raceway before installing innerduct. 3.3. INSTALLATION A. Install innerduct the full length of fiber optic runs. B. Provide mule tape in each spare innerduct. C. Install fiber optic cable in accordance with NECA 301 "Standard Installation and Testing of Fiber Optics". D. Use suitable wire pulling lubricant for all fiber optic cables. 01270107 05/08 FIBER OPTIC COMMUNICATIONS 16768 -2 , 1. Lubbock Preston Smith International Airport FIDS/BIDS E. Refer to manufacturer's instructions for maximum cable pulling tension and minimum bend radius. Unless the manufacturer's recommendation is more stringent, the maximum tension shall be 2,689 newtons (600 pounds), and minimum bend radius shall be 20 times the cable diameter. F. The strength member of the cable shall bear the majority of pulling force. Refer to manufacturer's instructions for attaching to pulling line. G. Cable pulling shall be done by hand, except when tension -controlled or breakaway swivels are employed. H. Provide a minimum of 25' of neatly coiled cable at each pullbox, manhole, or other pulling point. The minimum bend radius shall not be violated. I. If spare cable must be unreeled, it shall be configured in large figure eights on a safe, flat surface such as a clear area on the ground. J. The cables shall be pulled with mule tape at a maximum speed of 9' per second. K. Contractor shall consult with Owner and Engineer on the proper numbering system to be used in the labeling and identification of fibers. L. No splices will be permitted except at termination points as specified on plans, or if the length of cable installed is longer than the longest standard length available from the manufacturer. M. All fiber splices shall be fusion type. N. Splices shall be made in areas where temperature, humidity and cleanliness can be controlled. O. No splice shall have a one-way loss of more than .15 dB when tested from end to end at 1,310 nm and 1,550 nm. P. A flooding compound shall be applied into the interior of the fiber tubes, into the interstitial spaces between the tubes, to the core covering, and between the core covering and jacket, unless the cable is designed for use without flooding compound. Q. Contractor shall provide schedule of changeover 7 days in advance for approval. R. Contractor is responsible for cleaning area and disposing of all stray fibers each day upon completion of work. 3.4. FIELD QUALITY CONTROL A. Contractor shall test and certify fiber and provide test results. Provide: 1. On reel pre -testing of fiber at 1,310 nm and 1,550 nm. 2. Averaged splice loss pre -fiber, per splice at 1,3 10 nm and 1,550 nm. 3. End -to -end tests in both directions, per fiber at 1,310 nm and 1,550 nm. B. Perform OTDR Test on existing and new fiber conductors. Provide data in report form as approved by Engineer. END OF SECTION 01270107 FIBER OPTIC COMMUNICATIONS 16768 - 3 05/08 E� _.. Lxi iTlia TYPICAL LCD RISER (CONNECT TO ELECTRICAL ROOM) U I r..rrx x U) iwrow tOC. 9E A .�tP wov lu[r won, sma rpPlulAiUx ---0 cownR 1 %� TYPICAL ADMINISTRATION WORKSTATION RISER (ADDITIVE ALTERNATE B) 1, I 81 TYPICAL EXISTING LED, CLOCK, KEYPAD RISER (ADDITIVE ALTERNATE 2) Paa�.I nm .-'C,M..� w mrAn Real ws Cp161fIFF waa m Nltll auk, _..... �, reEe To.fl _ Yc A� pass wr C E REQVp FA .Yl r null m LVUS�YFNT. C4 AOCCCC SERVE ROOM RACK /ram TYPICAL LCD RISER (CONNECT TO AOCC) l,J T,P,x o, (s) •oa ro — srx2c — CD �--Pam—--� 1 Fes` t I .-Z�^: PCK MXtlB I sKra d I L_- _--J i M4°auo�ims _.....,�A R irnnrKan rPI cpw,rc+. TYPICAL AIRLINE WORKSTATION RISER EXCEPT SOUTHWEST AIRLINES B3srn _TYPICAL SOUTHWEST AIRLINES WORKSTATION RISER TYPICAL TAXI —CAB AREA LCD RISER KEYED NOTES xCCLL fl9] PqQ FttE SAIfR, LS) fxi• :m R,Y and c wY u.¢a ws amc. ncr„i w omwc SLRlM fmtY PIG. S Bt�Ci9✓< WC taps-p1 iJ/lap IUZ iLOP ONMRRA ;� Paa Pwn, cpYYelc laawiuns o—sr pl s wwplm mrL a its oar nna o X 1s WtY-4ouE. 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SW@NI: fi YK4 )�tl0 Ol EdML (CW'bB IDGiCw 06» GENERAL NOTES ,nwn of rwx>I vmisu ,¢ nm.wEp n ,erx a PwY� Al wi �,awa cwn sw: � niFuu.� niw dove: catnaa, a. ow¢ .pus, aI mow rw vn rm:.x: aYr aE nap iR ,xr� u'<nwsa B rYu,mv wua Fwnsrwc aYlscr,rx r+mwrs camwla f�• YKIIpn Ini aE wAunn rm ePPRa�Po aroxn aat rSMYeX F,S'l.11o w np 'fF.TA Pp1 RKw SIWL C. pf G7aw[v.:.G �u iY6lMa WS Sa#BC r,k PsO1, Lubbock Pre'Zn Smith international Airport UPGRADE FLIGHT INFORMATION DISPLAY SYSTEM LUBB= PRUM WARM MEW710"AONKM LUWOOR, TE M r N e tea+ .mu: vin: urmi n ELECTRICAL. DETAILS C-501 { =7... VE N �' S o ...........US: {{t� J—F> MRS p� Y L� = ��L k iZ �:ir O i w• � i =Q t,.o i } g( yy((55 sj d 4� e' LLI _ iLE 1 i i b E t8' a d 1 d- HIM, ........... o 2 V� 111411 x R. PI cl 23 i it