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CONTRACT BETWEEN AUGUSTA, GEORGIA AND MCCARTHY IMPROVEMENT COMPANY FOR AIRPORT REHABILITATION OF AIR CARRIER AND GENERAL AVIATION APRON- PHASE II PROJECT
CONTRACT 11 THIS CONTRACT made and entered into to be effective_ii.A1 '--1441 , 2018 by and between, AUGUSTA GEORGIA, (the City) a political subdivision of the State of G orgia, acting through the AUGUSTA AVIATION COMMISSION,whose address is 1501 Aviation Way,Augusta Regional Airport at Bush Field,Augusta, Georgia 30906-9600,hereinafter called"Airport",and McCarthy Improvement Company,whose principal address is 5401 Victoria Avenue,Davenport,IA 52807,hereinafter called"Contractor". WITNESSETH: WHEREAS,the City is the owner and operator of a full service commercial airport known as the Augusta Regional Airport; WHEREAS,the City has solicited a bid to Rehabilitate Air Carrier And General Aviation Apron—Phase II for the Airport; WHEREAS,the Contractor submitted a bid for said services;and WHEREAS,the City,on behalf of the Airport,accepted the Contractor's Bid for said services; NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained,the Owner and the Contractor hereby agree as follows: The Contractor's Services shall be in accordance with the scope of services and all provisions provided herein. ARTICLE 1 SCOPE OF THE WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the Plans and described in the specifications for the Project entitled: REHABILITATE AIR CARRIER AND GENERAL AVIATION APRON—PHASE II and in accordance with the requirements and provisions of the Contract Documents as defined in the Provisions hereto attached which are hereby incorporated and made a part of this Contract. 1.2 Definitions The following terms have the following meanings whenever used in the Contract Documents (defined below),or in related documents,the terms or pronouns used in place of them shall be defined as follows: 1.2.1 Airport Executive Director. The person tasked with the day-to-day operations of the Airport. 1.2.2 Augusta Aviation Commission. The Augusta Regional Airport Aviation Commission tasked with the overall administration of the Airport. 1.2.3 Augusta,Georgia or City. Augusta,Georgia's Commission. Page 1 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 1.2.4 Engineer. The Work has been designed by Mead & Hunt, Inc., whose corporate headquarters is located at 6501 Watts Road,Madison,WI 53719,who is hereinafter called Engineer and who is to assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 1.2.5 Project. Rehabilitate Air Carrier And General Aviation Apron—Phase II including but not limited to demolition of approximately 66,190 square yards of asphalt pavement, construction of approximately 58,500 square yards of Portland cement concrete pavement, removal of approximately 2,600 linear feet of storm sewer, installation of approximately 2,750 linear for of storm sewer, along with associated taxiway edge lighting,pavement marking, and site restoration including topsoiling,seeding,and mulching. 1.2.6 Airport's Administrator. Airport's Representative shall be the Airport's Executive Director or his designee. 1.2.7 Contractor's Representative(s).The Contractor's representative("Contractor's Representative")for all dealings with Airport shall be Mike Ghetu . Contractor's Representative may be changed upon prior written notice delivered to Owner. 1.3 Subject to controlling law,the Owner will refuse to permit the Contractor to use any employee on this job if the Owner reasonably deems that individual unfit to work at the Airport facilities in any respect. 1.4 All Contractor employees shall strictly adhere to Airport regulations while on the Airport premises,including but not limited to Augusta, Georgia, County, and Transportation Security Authority (TSA) and Federal Aviation Administration(FAA)regulations governing access to buildings,personal conduct,and possession of prescribed substances, parking, and traffic. The Owner reserves the right to require the removal of Contractor employees from the Project. 1.5 Design,Standards and Practices.The design,strength,quality of materials and workmanship must conform to the highest standards of construction practices and/or services. ARTICLE 2 TERM 2.1 The Contractor must begin work within ten (10) days of receiving the Notice to Proceed (NTP) from the Owner. It is anticipated the NTP will be issued on , , 2018. The Contractor will mobilize with sufficient forces such that all work is completed within three-hundred and seventy-five(375) calendar days after the issuance of the NTP.Contract time charges will begin as set forth in Section 80 of the General Provisions. Page 2 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 2.2 Contractor working times shall be as designated on the Construction Safety& Phasing Plan sheets in the Construction Drawings. At the Owner's discretion,work times may be further restricted. 2.3 For additional details please review Section 80 of the attached Specifications. 2.4 It is hereby understood and mutually agreed,by and between the Contractor and the Owner,that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. 2.5 It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the performance of any act whatsoever;and where under the Contract an additional time is allowed for the completion of any work,the new time limit fixed by extension shall be the essence of the Contract. ARTICLE 3 LIQUIDATED DAMAGES 3.1 The Contractor acknowledges that time is of the essence with respect to the Work governed by the Contract. The Contractor acknowledges and recognizes that if it fails to achieve Substantial Completion of any portion of the Work within the Contract Time as may be extended in accordance with the terms of this Contract,the Owner will sustain substantial losses as a result of such failure.The Contractor further acknowledges that the Owner will suffer damages that are difficult,if not impossible,to accurately estimate. The Contractor shall be assessed liquidated damages as set forth in Section 80,Execution and Progress,subsection 80-08. ARTICLE 4 PAYMENT 4.1 The Contract Sum The Owner shall pay to the Contractor for completion of the Work in strict accordance with the Contract Documents, and in accordance with the unit bid prices submitted on June 1,2018,with a Contract price of $12,942,155.50;which includes bid alternates Options A and B. 4.2 Progress Payments 4.2.1 Contractor shall submit Applications for Payment in accordance with Section 90 of the General Provisions but in no case shall submit Applications for Payment more than once per month. Application for Payment will be processed by Engineer as provided in the General Provisions. Page 3 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 4.2.2 Progress payments will be made in an amount equal to the percentage indicated below,but,in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine,or Owner may withhold,in accordance with Section 90 of the General Provisions. 1. 90%of Work completed as determined by Engineer. 2. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 90-07 of the General Provisions. 4.2.3 Within ten(10)days of receiving each Application for Payment,the Engineer shall either indicate in writing a recommendation of payment and present the application to the Owner or return the Application to the Contractor indicating in writing necessary corrections. In the latter case, the Contractor shall make the corrections and resubmit the application. 4.3 Invoices. Contractor shall submit invoices to: Mead&Hunt,Inc. Attn:Chris Birkmeyer 878 S.Lake Drive Lexington, SC 29072 4.4 Retainage and Partial Payments. If payment request is approved by the Owner, the approved payment request shall be submitted to the Owner's Finance Department for processing on or before the fifth day of the following month,and payment(less retainage)shall be made to the Contractor thirty(30)days after the date the approved payment request is received by the Owner's finance department. If a payment request is not approved by the Owner,then no payment shall be made to the Contractor until such time as the Owner approves the payment request.The amount of retainage shall be as follows: 4.4.1 Ten percent (10%) of each partial payment shall be withheld as retainage until the value of fifty percent (50%) of the Contract Price, including Change Orders and other authorized additions provided in the Contract,is due; 4.4.2 When fifty percent(50%)of the Contract Price, as described above,becomes due and the manner of completion of the Work and its progress, quality, schedule are reasonably satisfactory to the Owner,and there are no outstanding claims by the Contractor,subcontractors or material suppliers, the withholding of retainage shall be discontinued. 4.4.3 If after discontinuing retainage,the Owner determines that the Work is unsatisfactory or has fallen behind schedule, withholding of ten percent(10%) of each request for payment may be resumed. Page 4 of 158 Contract for Rehab of Air Carrier&General Aviation Apron When the Work has reached Substantial Completion and the Owner determines the Work to be reasonably acceptable,the Contractor shall submit an invoice or other documents as may be required and receive payment thereof within thirty(30)days. If there are any remaining incomplete minor items,an amount equal to two hundred percent(200%)of the value of each item,as determined by the Owner,shall be withheld until such items are completed; 4.4.4 The Contractor shall within ten(10)days from its receipt of retainage from the Owner pass through payments to Subcontractors and shall reduce each Subcontractor's retainage in the same manner as the Contractor's retainage is reduced by the Owner. The Subcontractor shall within ten (10)days from the Subcontractor's receipt of retainage pass through payments to lower tier subcontractor's and shall reduce each lower tier subcontractor's retainage in the same manner as the Subcontractor's retainage is reduced. 4.4.5 The Contractor and Owner agree to abide by all applicable provisions of Georgia state law concerning retainage,including but not limited to O.C.G.A.§13-10-80.If the terms of this Contract concerning retainage conflict with state law,state law shall govern. • ARTICLE 5 FINAL INSPECTION 5.1 Upon notice from the Contractor that the Work is completed,the Owner shall make a Contractor during the course of final inspection of the Work and shall notify the Contractor of all instances where the Work fails to comply with the Drawings and Specifications,as well as any defects the Owner may discover.At no cost to the Owner,the Contractor shall immediately make such alterations as are necessary to bring the Work into compliance with the Contract,the Drawings,and Specifications. ARTICLE 6 ACCEPTANCE AND FINAL PAYMENT 6.1 Final Payment. Upon final completion and acceptance of the Work in accordance with Section 50 of the General Provisions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 90-09. 6.2 Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills,and other indebtedness connected with the work have been paid,except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the Owner guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. Page 5 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 6.3 The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications,or from manufacturers'guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. 6.4 If after the Work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor,and the Engineer, so certifies,the Owner shall upon certificate of the Engineer,and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment,except that it shall not constitute a waiver of claims. ARTICLE 7 CHANGES 7.1 The Owner may, during the Contract period, make changes to the Scope of Work, which may result in changes to the general scope of the Contract and its provisions. 7.2 Written/verbal agreements, changes,or amendments to this Contract shall not be binding upon the Owner unless approved and signed by the in advance of performing work. 7.3 Contractor acknowledges that this Contract and any changes to it by amendment,modification,change order or other similar document may have required or may require the legislative authorization of the Aviation Commission or Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta,Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta,Georgia under an unauthorized Contract,amendment, modification,change order or other similar document,including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a Contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta,Georgia in excess of the any contractually authorized goods or services,as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta,Georgia,and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including,without limitation,all remedies at law or equity. ARTICLE 8 INSURANCE Page 6 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 8.1 During the term of this Contract,Contractor shall provide,pay for,and maintain with companies reasonably satisfactory to the Owner the types of insurance as set forth in the City Code,and Georgia law as the same may be amended from time to time, and as described herein. All insurance shall be issued by insurance companies eligible to do business in the State of Georgia and Best Rated A-or equivalent.In the event of a conflict between the provisions of the City Code and this Contract, the more stringent requirement shall govern.In no event shall Contractor maintain any insurance less than the requirements set forth in the City Code,as amended. 8.2 All liability policies of Contractor and its subcontractors shall provide coverage that includes,or has the same substantive effect as the following: 8.2.1 The City, the Aviation Commission, and each of its Commissioners, officers, agents, elected representatives, volunteers, and employees, in their respective capacities as such, shall be additional insured hereunder with respect to the products,premises,and operations of the named insured. 8.2.2 This insurance policy shall apply as primary,and any insurance and/or self-insurance as may be maintained by the City,the Aviation Commission,or its Commissioners,officers,agents,elected representatives,volunteers,and employees shall apply in excess of,and shall not contribute with insurance provided by this policy." 8.2.3 This insurance shall not be materially changed, altered, canceled, or non-renewed until after thirty-(30) days advanced written notice has been given to Augusta, Georgia except that only ten-(10) days notice shall be required in the event of cancellation due to non-payment of premium." 8.3 All such evidence of insurance shall be in the form of certificates of insurance satisfactory to the City and its Risk Manager, accompanied by a certified true copy of an endorsement to each policy containing the above language.Properly executed certificates of insurance shall evidence the insurance coverage and limits required. The authorized representative of the insurance company shown on the certificate shall sign these certificates. The required policies of insurance shall comply with the laws of the State of Georgia. 8.4 If at any time the Executive Director requests a written statement from the insurance company as to any impairment to the aggregate limit, Contractor shall promptly authorize and have delivered such statement to the Aviation Commission. Contractor authorizes the Aviation Commission and/or the City's Risk Manager to confirm with Contractor's insurance agents,brokers,and insurance companies all information furnished. 8.5 The acceptance of delivery to the Owner of any certificate of insurance evidencing the insurance coverage and limits required under this Contract does not constitute approval or acceptance by the Owner that the Page 7 of 158 Contract for Rehab of Air Carrier&General Aviation Apron insurance requirements in this Contract have been met.No operations shall commence at the Airport unless and until the required certificates of insurance are in effect and approved by the City's Risk Manager. 8.6 The Contractor and the Owner understand and agree that the minimum limits of the insurance herein required may, from time to time, become inadequate, and Contractor agrees that it will increase such minimum limits upon receipt of written notice defining the basis of the increase.The Contractor shall furnish the Owner, within sixty-(60) days of the effective date thereof, a certificate of insurance evidencing that such insurance is in force. 8.7 Contractor's insurance companies or its authorized representative shall give the Owner thirty(30)days prior written notice of any cancellation,intent not to renew,or material reduction in any policy's coverage,except in the application of the Aggregate Limit Provisions.In the event of a reduction to the Aggregate Limit, it is agreed that immediate steps will be taken to have the prior Aggregate Limit reinstated. 8.8 If at any time,the Airport Executive Director requests a written statement from the insurance companies as to any impairment(s)to the Aggregate Limit,prompt authorization and delivery of all requested information will be given to the Aviation Commission.Renewal Certificates of Insurance must be provided to the Owner as soon as practical but in every instance prior to expiration of current coverage. 8.9 The amounts and types of insurance shall conform to the following minimum requirements with the use of Insurance Service Office policies,forms,and endorsements or broader,where applicable.Notwithstanding the foregoing, the wording of all policies, forms, and endorsements must be reasonably acceptable to the Owner. 8.10 Workers' Compensation and Employer's Liability Insurance shall be maintained in force by Contractor during the term of this Contract for all employees engaged in the operations under this Contract.The limits of coverage shall not be less than: Workers' Compensation Georgia Statutory Employer's Liability $1,000,000 Limit Each Accident $1,000,000,Limit Disease Aggregate $1,000,000,Limit Disease Each Employee 8.11 Commercial General Liability —Occurrence Form. Policy shall include bodily injury, property damage, personal injury and broad form contractual liability coverage with limits no less than five million dollars ($5,000,000)in Broad Form Comprehensive General Liability insurance. Page 8 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 8.12 Automobile Liability Insurance. For any vehicles authorized in writing by the Executive Director to operate on the Aircraft Operating Area (AOA) of the Airport, Automobile Insurance in the minimum amount of Five Million Dollars ($5,000,000.00) combined single limit coverage. If the Contractor's Comprehensive General Liability coverage includes vehicular operations on the Airport,separate automobile insurance shall not be required. The foregoing insurance shall be endorsed to state that it will be primary to the Augusta GA and the Aviation Commission's insurance and that the carrier waives its right of subrogation against Augusta, GA, the Aviation Commission, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta, GA, the Aviation Commission, and their officers, agents, employees, elected and appointed officials shall be added as additional insureds on said policies. Said policy shall contain Severability of Interest Clause and shall include contractual liability coverage at least as broad as that given in the most current CA 00 01 ISO form. 8.13 Excess Liability: $2,000,000 Policy must follow form of General Liability Policy and all insurance together for general liability must total at least a minimum of two million dollars($2,000,000). Any form of underlying and excess policies may satisfy such requirement. 8.14 The Commercial General Liability Insurance coverage as required in the paragraph above shall include those classifications, as listed in Standard Liability Insurance Manuals,which are applicable to the operations of the Contractor in the performance of this Contract. 8.15 Within sixty(60)days of the effective date thereof or any subsequent term,Contractor shall provide Owner with certificate(s) of insurance evidencing that such insurance as described herein be in force. Insurance binder letter(s)or a Certificate(s)of Insurance as described above must be sent to the address below with a copy to the Owner: Augusta,Georgia Risk Management 530 Greene Street Room 217 Augusta,GA 30901 (706)821-2502(Fax) 8.16 Subcontractors. It is the sole responsibility of the general Contractor to ensure that all subcontractors working under it have separately procured any and all types and limits of insurance that are required under any and all pertinent local, state, or federal ordinances or resolutions that are suitable for the particular trade that the subcontractor is performing. It is also the sole responsibility of the general and/or prime Contractor to ensure that any and all subcontractors or vendors carry types and limits of insurance not less than those listed herein and that the subcontractors and/or vendors carry and/or Page 9 of 158 Contract for Rehab of Air Carrier&General Aviation Apron procure endorsements to waive all subrogation rights against and name "Augusta GA, its appointed and elected Officials, departments, agencies, boards, commissions, its officers, agents, employees and volunteers"as additional insureds. ARTICLE 9 AIRPORT SECURITY REQUIREMENTS 9.1 Contractor's employees shall be required to operate in Airport's secure areas.Contractor shall be required to obtain the Airport's Security Identification Display Area(SIDA) badges for any employee working in the secured area. Contractor shall comply, at its own expense,with the Transportation Security Administration (TSA)and the Owner's security requirements for the Airport including,but not limited to employee training and badges.Contractor shall cooperate with the TSA and the Owner on all security matters and shall promptly comply with any project security arrangements established by the Owner. Compliance with such security requirements shall not relieve Contractor of its responsibility for maintaining proper security for the above- noted items, nor shall it be construed as limiting in any manner Contractor's obligation with respect to all applicable federal,state and local laws and regulations and its duty to undertake reasonable action to establish and maintain secure conditions at and around the Project and throughout the Airport.All employees shall be properly badged and comply with all Owner's safety and security rules. 9.2 Any Contractor employees assigned to work in a secured area are required to be"badged" or a"badged" Contractor employee must escort them the entire time they are in these secured areas. 9.3 To qualify for the badge, individual must be fingerprinted and have a background investigation completed. In addition,the Owner will conduct a background inquiry and require finger printing of all individuals who will be working on the secured side of the Airport screening point. This may also include collection of appropriate criminal history information,contractual and business associations and practices,employment histories, reputation in the business community and credit reports for the Contractor, as well as, its employees. 9.4 Contractor consents to such an inquiry and agrees to make available to the Owner such books and records the Owner deems necessary to conduct the review. 9.5 Contractor shall pay all costs associated with providing SIDA badges. 9.6 Contractor shall be responsible for any fines assessed by the Federal Aviation Administration (FAA) or TSA as a result of the actions of its employees or subcontractors. Page 10 of 158 Contract for Rehab of Air Carrier&General Aviation Apron ARTICLE 10 REPRESENTATIONS AND WARRANTIES In order to induce the Owner to enter into this Contract,Contractor hereby represents and warrants that as of the date above written that: 10.1 Contractor is duly organized and validly existing in good standing under the laws of the state of in which it is organized,is qualified to do business in all jurisdictions in which it is operating,and has the power and authority to execute and deliver and to perform its obligations under this Contract and the documents to which it is signatory;and 10.2 The execution, delivery and performance by Contractor and its undersigned representative(s) of this Contract and other documents to which Contractor is a signatory do not require the approval or consent of any other person, entity or government agency and do not result in any breach of any agreement to which Contractor is a party or by which it is bound;and 10.3 The execution,delivery and performance by Contractor of this Contract and other documents to which it is a signatory have been duly authorized by all necessary action, and constitute legal, valid and binding obligations of Contractor,enforceable against Contractor in accordance with its terms;and 10.4 No action, suit or proceeding to which Contractor is a party is pending or threatened that may restrain or question this Contract,or any other document to which it is a signatory,or the enjoyment of rights or benefits contemplated herein;and 10.5 Contractor has all State of Georgia Licenses and permits required for the performance of the Work and shall only use properly licensed and trained persons to perform such services. ARTICLE 11 NOTICES 11.1 Delivery.All notices given by either party to the other under this Contract must be in writing and delivered by: (i)regular mail,postage prepaid; (ii)certified or registered mail;(iii)facsimile; or(iv)hand-delivery, to the parties at the addresses and facsimile numbers set forth in the Clause titled"Addresses". 11.2 Receipt.Notices sent by mail will be deemed to be received upon deposit in the mail,properly addressed. Notices sent by certified or registered mail will be deemed to be received upon the date of the acknowledgment.Notices sent by facsimile will be deemed to be received upon successful transmission to the proper facsimile number. Notices delivered by hand- delivery will be deemed to be received upon acceptance by the respective party or its agent. Page 11 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 11.3 Change of Address or Facsimile Number.Either party may,at any time,change its respective address or facsimile number by sending written notice to the other party of the change. 11.4 Addresses. To OWNER: To CONTRACTOR: Augusta Regional Airport McCarthy Improvement Company Attn:Executive Director Attn: Scott E.Hutter,President 1501 Aviation Way 5401 Victoria Avenue Augusta,Georgia 30906 Davenport,IA 52807 Telephone:(706)7898-3236 Telephone: (563)359-0321 Fax:(706)798-1551 Fax: (563)344-3740 With a copy to: Augusta General Counsel Augusta Richmond County Department of Law 535 Telfair St. Building 3000 Augusta,GA 30901 Fax:(706)842-5556 ARTICLE 12 INDEMNIFICATION AND HOLD HARMLESS 12.1 Except where,and to the extent caused by the gross negligence of the City,the Aviation Commission,their agents,employees,contractors,officers or,Contractor shall protect,defend,reimburse,indemnify,and hold Augusta,Georgia,the Aviation Commission,its members,agents,employees,and elected officers and each of them, free and harmless at all times as set forth in Augusta, Georgia Code, and particularly Article 1, Chapter 3,Division 1,Section 1-3-8.5,Indemnity and Insurance,as the same may be amended from time to time,and described herein.In the event of a conflict between the provisions of Augusta-Richmond County Code and this Contract,the broader requirement shall govern. ARTICLE 13 PERMITS Contractor shall obtain and maintain at all times all necessary licenses,permits and certifications to perform the work described in the Contract. Contractor shall furnish copies of all licenses, permits, and certifications to the Administrator. Page 12 of 158 Contract for Rehab of Air Carrier&General Aviation Apron ARTICLE 14 WORK PERMITS REQUIRED Contractor agrees and acknowledges that its employees and agent's employees, as well as any subcontractors or subcontractors'personnel,working on the Contract must be United States citizens,or must be lawfully admitted for residence and be permitted to work in the United States under the Immigration and Naturalization Act, 8 U.S.C. 1101,et.seq. ARTICLE 15 FEDERAL WORK AUTHORIZATION 15.1 Pursuant to O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02, the Owner cannot enter a Contract for the physical performance of services unless the Contractor and its Subcontractors register and participate in the Federal Work Authorization Program to verify specific information on all new employees. 15.2 The Contractor certifies that it has complied and will continue to comply with O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. 15.3 The Contractor agrees to sign an affidavit evidencing its compliance with O.C.G.A. §13- 10-91 and Georgia Department of Labor Rule 300-10-1-.02. The signed affidavit is attached to this Contract as an exhibit 15.4 The Contractor agrees that in the event that it employs or contracts with any Subcontractor(s)in connection with this Contract, the Contractor will secure from each Subcontractor an affidavit that indicates the employee-number category applicable to that Subcontractor and certifies the Subcontractor's current and continuing compliance with O.C.G.A.§13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. Any signed Subcontractor affidavit(s) obtained in connection with this Contract shall be attached hereto as an exhibit. ARTICLE 16 MISCELLANEOUS CONTRACT PROVISIONS 16.1 Independent Contractor/Subcontractor Contractor is acting, in performance of this Contract,as an independent contractor. Personnel supplied by the Contractor or its agents or subcontractors hereunder are not the Owner's employees or agents and Contractor assumes full responsibility for their acts.Contractor shall be solely responsible for the payment of compensation to Contractor's employees. The Owner shall not be responsible for payment of Worker's Compensation,disability benefits,and unemployment insurance or for withholding and paying employment Page 13 of 158 Contract for Rehab of Air Carrier&General Aviation Apron taxes for any Contractor employee, or Contractor's subcontractors or its agent's employees, but such responsibility shall be solely that of Contractor. This clause of the Contract does not prevent the Airport from requiring Contractor to have its employees follow normal rules and guidelines for work performance, redirecting the efforts of the employees to meet the needs of the facilities, performing safety or from requiring Contractor to perform the requirements of this Contract satisfactorily, according to the General Conditions,Scope of Services,Performance Work Statement, Service Performance Standards and Methods described herein. 16.2 Force Majeure 16.2.1 Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation, except the payment of money, is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of the affected party, or by a strike, lockout or other labor difficulty,the settlement of which shall be within the sole discretion of the party involved. 16.2.2 Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay,hinder or prevent performance of the services under this Contract. In the event either party is prevented or delayed in the performance of this obligation because of such Force Majeure,there shall be an equitable adjustment of the schedule. 16.2.3 Contractor will not be liable for failure to perform or for delay in performance because of Force Majeure,including the following: 16.2.3.1 any cause beyond its reasonable control; 16.2.3.2 any act of God; 16.2.3.3 inclement weather; 16.2.3.4 earthquake; 16.2.3.5 fire; 16.2.3.6 explosion; 16.2.3.7 flood; 16.2.3.8 strike or other labor dispute; 16.2.3.9 any shortage or disruption of or inability to obtain labor,material,manufacturing facilities,power,fuel or transportation from unusual sources,or any other; 16.2.3.10 delay or failure to act of any governmental or military authority; 16.2.3.11 any war,hostility or invasion; 16.2.3.12 any embargo,sabotage,civil disturbance,riot or insurrection; 16.2.3.13 any legal proceedings;or 16.2.3.14 failure to act by Contractor's suppliers due to any cause which Contractor is not responsible,in whole or in part. Page 14 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 16.3 Commercial Activities Neither Contractor nor its employees may establish any commercial activity or issue concessions or permits of any kind to third parties for establishing activities at the Airport. 16.4 Records and Audit Contractor and its subcontractors shall maintain records and accounts in connection with all aspects in the performance of this Contract, including those, which will accurately document incurred costs, both direct and indirect, of whatever nature, during and for a period of three (3) years from the expiration or other termination of this Contract, unless otherwise specified by applicable law. The Owner may examine and copy, at all reasonable times, with advance notification, those records and accounts. Contractor shall maintain all records in a central location in Augusta,Georgia. 16.5 Contingent Fees Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Contract; and that Contractor has not paid or agreed to pay any company, association, corporation, firm or person, other than a bona fide employee working for Contractor,any fee,commission,percentage,gift or any other consideration contingent upon or resulting from the award or making of this Contract.For the breach or violation of this warranty and upon a finding after notice and hearing,the Owner may terminate the Contract and, at its discretion, may deduct from the Contract sum,or otherwise recover the full amount of any such fee,commission,percentage,gift or consideration. 16.6 Rights and Remedies The rights and remedies of the Owner provided in this paragraph are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 16.7 Non-Appropriations Notwithstanding anything contained in this Contract, if sufficient funds have not been appropriated to support continuation of this Contract for an additional calendar year or an additional term of the Contract, this Contract shall terminate absolutely and without further obligation on the part of the Owner at the close of the calendar year of its execution or if the Owner suspends performance pending the appropriation of funds. 16.8 Assignment Without the prior written consent of the Owner, Contractor may not assign,transfer or convey any of its interests under this Contract, nor delegate any of its obligations or duties under this Contract except as provided herein. Page 15 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 16.8.1 Consent of the Owner Required. Any assignment of this Contract or rights under this Contract,in whole or part,without the prior written consent of the Owner will be void,except that, upon ten-(10) calendar days prior written notice to the Owner, Contractor may assign monies due or to become due under this Contract. Any assignment of monies will be subject to proper setoffs in favor of the Owner and to any deductions provided for in this Contract. 16.8.2 No Relief of Responsibilities. No assignment will be approved which would relieve Contractor of its responsibilities under this Contract. 16.9 Parties Bound. This Contract will be binding upon and inure to the benefit of the Owner and Contractor and their respective successors and assigns. 16.10 No Partnership or Joint Venture.Nothing contained in this Contract will be deemed to create a partnership or joint venture between the Owner and Contractor or cause the Owner to be responsible for the debts or obligations of Contractor or any other party.Contractor must not represent to anyone that its relationship to the Owner is other than as the Owner's Contractor.Contractor must act as an independent agent and not as the agent of the Owner in performing this Contract and shall maintain complete control over its employees and all of its lower-tier suppliers and subcontractors.Nothing contained in this Contract or any lower tier purchase order or subcontract awarded by Contractor will create any contractual relationship between any lower-tier supplier or subcontractor and the Owner.No act or direction of the Owner shall be deemed to be the exercise of supervision or control of the Contractor's performance hereunder. 16.11 Waiver The failure of the Owner to seek redress for any violation of or to insist upon the strict performance of,any term of this Contract will not prevent a subsequent violation of this Contract from being actionable by the Owner. The provision in this Contract of any particular remedy will not preclude the Owner from any other remedy. 16.12 Compliance with Applicable Laws and Regulations Contractor covenants and agrees that it, its agents and employees shall comply with all Georgia, county, state, and federal laws, Airport Rules and Regulations, and City ordinances applicable to the work to be performed under this Contract,and that it shall obtain all necessary permits,pay all license fees and taxes to comply therewith. Further, Contractor agrees that it, its agents, and employees will abide by all rules, regulations,and policies of Airport during the term of this Contract,including any renewal periods. Page 16 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 16.13 Patent Indemnity Except as otherwise provided, the Contractor shall indemnify the City and its Board of Commissioners, officers, agents and employees against liability, including costs and expenses for infringement upon any letters or patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the Owner of supplies furnished or construction work performed hereunder. 16.14 Use of Augusta,Georgia Landfill Contractor shall dispose of all debris and trash from the Airport will be transported to and disposed of at the Augusta,Georgia Solid Waste Landfill in accordance with local and state regulations.The Contractor shall provide evidence of proper disposal through manifests,which shall include the types of material disposed of,the name and location of the disposal facility,date of disposal and all related fees. 16.15 Inspection The Owner may, at reasonable times, inspect the part of the plant, place of business, or work site of a contractor or subcontractor or subunit thereof which is pertinent to the performance of the Contract. 16.16 Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Contract the Owner may unilaterally order a temporary stopping of the work or delaying of the work to be performed by the Contractor under this Contact. 16.17 Entire Agreement This Contract,together with all of the attachments shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Contract shall not be binding upon either party except to the extent incorporated in this Contract. 16.18 Governing Law This Contract will be construed under Georgia law,including the Georgia Uniform Commercial Code;all remedies available under that code are applicable to this Contract.Contractor and the Owner fix jurisdiction and venue for any action brought with respect to this Contract in Augusta,Georgia or the Southern District of Georgia. 16.19 Legal Construction If any provision contained in this Contract is held to be invalid, illegal or unenforceable, that invalidity, illegality or unenforceability will not affect any other provision of this Contract and this Contract will be construed as if the invalid,illegal or unenforceable provision had never been contained in this Contract. Page 17 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 16.20 Prior Contracts Superseded This Contract and the attachments constitute the sole and only agreement between Contractor and the City with respect to the subject matter of this Contract and supersede any prior understandings or written or oral contracts respecting the subject matter of this Contract. 16.21 Counterparts This Contract may be executed concurrently in one or more counterparts,each of which will be deemed an original,but all of which will together constitute one Contract. 16.22 Further Acts Owner and Contractor each agrees to perform any additional acts and execute and deliver any additional documents as may reasonably be necessary in order to carry out the provisions and affect the intent of this Contract. IN WITNESS WHEREOF,the parties hereto have caused this Contract to be executed by their appropriate officials, as of the date first written above. Page 18 of 158 Contract for Rehab of Air Carrier&General Aviation Apron AUGUSTA AVIATION COMMISSION �// `�/i , IAi• George R.S.sser, Aviation Commission Chair 0 Atte: : Crysta ilson MCCARTHY IMPR I EMENT COMPANY Scott E. Huffer, ' --sident Sworn to and subscribed before me this o2 l rday of ju,,,,g , 2018. / i:, Notary Public My commission expires: /f/(04.7dcZ o9OaC, (NOTARIAL SEAL) agw[ SONIA L. SUNDSTEDT g `� Commission Number 184813 ': My Commission Expires /OWt. May 22,2020 Page 19 of 158 Contract for Rehab of Air Carrier&General Aviation Apron AUGUSTA RICHMOND COUNTY ifrr - 441104°) ------ 4 to Hardie Davis, Jr., Mayor 0,0 ATTEST: 'I l'' Alt., Ile voter** 4 5 IA 4 irrAL 1 ei Akerimifil' ,.iyyff, 1 il,:,,LengiBipiitief-'1.Igle'- 1 I , *1/4 Glii EORGiN,e, I :i. 4-4TtstxtNA- 5 4: Approvedas to Form: Andrew Mackenzie, Esq. 1 FEDERAL CONTRACT PROVISIONS BUY AMERICAN PREFERENCE The Contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are produced in the United States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. A Contractor or offeror must complete and submit the Buy America certification included herein with their bid or offer. The Owner will reject as nonresponsive any bid or offer that does not include a completed Certificate of Buy American Compliance. CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR MANUFACTURED PRODUCTS As a matter of bid responsiveness, the Contractor or offeror must complete, sign, date, and submit this certification statement with their bid. The Contractor or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Contractor must select one or the other(not both) by inserting a checkmark(✓) or the letter"X". 1. Contractor or offeror hereby certifies that it will comply with 49 USC § 50101 by: 1. Only installing steel and manufactured products produced in the United States, or; 2. Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or; 3. Installing products listed as an Excepted Article,Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement,the Contractor or offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing US domestic product. 3. To furnish US domestic product for any waiver request that the FAA rejects. 4. To refrain from seeking a waiver request after establishment of the Contract, unless extenuating circumstances emerge that the FAA determines justified. 2. The Contractor or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC § 50101(a) but may qualify for either a Type 3 or Type 4 waiver under Page 20 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 49 USC § 50101(b). By selecting this certification statement,the apparent Contractor or offeror with the apparent low bid agrees: • To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that support the type of waiver being requested. • That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may result in rejection of the bid. • To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA. • To refrain from seeking a waiver request after establishment of the Contract, unless extenuating circumstances emerge that the FAA determines justified. 1 Required Documentation Type 3 Waiver - The cost of the item components and subcomponents produced in the United States is more that 60% of the cost of all components and subcomponents of the "item". The required documentation for a type 3 waiver is: 1. Listing of all product components and subcomponents that are not comprised of 100%US domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25.108;products of unknown origin must be considered as non-domestic products in their entirety) 2. Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture. 3. Percentage of non-domestic component and subcomponent cost as compared to total "item" component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture. Type 4 Waiver—Total cost of project using US domestic source product exceeds the total project cost using non-domestic product by 25%. The required documentation for a type 4 of waiver is: 1. Detailed cost information for total project using US domestic product. 2. Detailed cost information for total project using non-domestic product. False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false,fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code. 4111C4p 110 I IVA June 21, 2018 Ti�� .._ Date Signature Page 21 of 158 Contract for Rehab of Air Carrier&General Aviation Apron McCarthy Improvement Company President Company Name Title Page 22 of 158 Contract for Rehab of Air Carrier&General Aviation Apron ACCESS TO RECORDS AND REPORTS The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner,the Federal Aviation Administration,and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents,papers,and records of the contractor which are directly pertinent to the specific Contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor shall maintain all books, records and reports required under this Contract for a period of not less than three (3) years after final payment is made and all pending matters are closed. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION 1. The Offeror's or Contractor'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 27.2% Goals for female participation in each trade 6.9% These goals are applicable to all of the Contractor's construction work (whether or not it is Federal or federally-assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such 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 of meeting the Contractor's goals,shall be a violation of the Contract,the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director,OFCCP, within ten(10)working days of award of any construction subcontract in excess of$10,000 at any tier for construction work under the Contract. 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. Page 23 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 4. As used in this notice and in the Contract resulting from this solicitation, the "covered area" is the City of Augusta, Richmond County, Georgia. GENERAL CIVIL RIGHTS PROVISIONS The Contractor agrees to comply with pertinent statues,Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds od race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal Assistance. This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the Contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. TITLE VI SOLICITATION NOTICE The Augusta Airport Commission,in accordance with the provisions of Title VI of the Civil Rights Act of 1964(78 Stat. 252,42 U.S.C. §§ 2000d to 2000d-4)and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any Contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation for bids and will not be discriminated against on the grounds of race,creed,color,national origin,sex,age, or handicap in consideration for an award. TITLE VI COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the"contractor")agrees as follows: 1. Compliance with Regulations: The Contractor (hereinafter includes consultants or subcontractors)will comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities,as they may be amended from time to time,which are herein incorporated by reference and made a part of this Contract. 2. Non-discrimination: The Contractor,with regard to the work performed by it during the Contract, will not discriminate on the grounds of race, creed, color, national origin, sex, age, or handicap in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Contract covers any activity,project, or program set forth in Appendix B of 49 CFR part 21. 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 will be notified by the contractor of the contractor's obligations under this Contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race,creed, color,national origin, sex,age, or handicap. Page 24 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records,accounts, other sources of information,and its facilities as may be determined by the Owner or the Federal Aviation Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information,the Contractor will so certify to the Owner or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the Non- discrimination provisions of this Contract, the Owner will impose such Contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including,but not limited to: a. Withholding payments to the contractor under the Contract until the contractor complies; and/or b. Cancelling,terminating, or suspending a Contract,in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Acts,the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Owner or the Federal Aviation Administration (FAA) 'nay direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Owner to enter into any litigation to protect the interests of the sponsor. In addition,the Contractor may request the United States to enter into the litigation to protect the interests of the United States. Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this Contract,the contractor, for itself,its assignees,and successors in interest(hereinafter referred to as the"contractor")agrees to comply with the following non- discrimination statutes and authorities;including but not limited to: • Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq., 78 stat.252), (prohibits discrimination on the basis of race,color,national origin); • 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C. § 4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seg.),as amended,(prohibits discrimination on the basis of disability);and 49 CFR part 27; Page 25 of 158 Contract for Rehab of Air Carrier &General Aviation Apron • The Age Discrimination Act of 1975,as amended, (42 U.S.C. § 6101 et seq.),(prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982,(49 USC § 471, Section 47123),as amended, (prohibits discrimination based on race,creed,color,national origin, or sex); • The Civil Rights Restoration Act of 1987,(PL 100-209), (Broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients,sub- recipients and contractors,whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990,which prohibit discrimination on the basis of disability in the operation of public entities,public and private transportation systems, places of public accommodation,and certain testing entities(42 U.S.C. §§ 12131 — 12189)as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute(49 U.S.C. § 47123)(prohibits discrimination on the basis of race,color,national origin, and sex); • Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures non-discrimination against minority populations by discouraging programs,policies,and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency,and resulting agency guidance,national origin discrimination includes discrimination because of limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972,as amended,which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq). REQUIRED STATEMENTS Information Submitted as a Matter of Contractor Responsiveness: The Owner's award of this Contract is conditioned upon Contractor or Offeror satisfying the good faith effort requirements of 49 CFR 26.53. As a condition of bid responsiveness, the Contractor or Offeror must submit the following information with its proposal on the forms provided herein: a) The names and address of Disadvantaged Business Enterprise(DBE)firms that will participate in the Contract; Page 26 of 158 Contract for Rehab of Air Carrier&General Aviation Apron b) A description of the work that each DBE firm will perform; c) The dollar amount of the participation of each DBE firm listed under(1) d) Written statement from Contractor or Offeror that attests their commitment to use the DBE firm(s)listed under(1) to meet the Owner's project goal; and e) If Contractor or Offeror cannot meet the advertised project DBE goal,evidence of good faith efforts undertaken by the Contractor or Offeror as described in appendix A to 49 CFR part 26. Information Submitted as a Matter of Contractor Responsibility The Owner's award of this Contract is conditioned upon Contractor or Offeror satisfying the good faith effort requirements of 49 CFR 26.53. The Contractor or Offeror must provide written confirmation of participation from each of the DBE firms the Contractor or Offeror lists in its commitment within five days after bid opening. a) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the Contract; b) A description of the work that each DBE firm will perform; c) The dollar amount of the participation of each DBE firm listed under(1) d) Written statement from Contractor or Offeror that attests their commitment to use the DBE firm(s) listed under(1) to meet the Owner's project goal; and e) If Contractor or Offeror cannot meet the advertised project DBE goal,evidence of good faith efforts undertaken by the Contractor or Offeror as described in appendix A to 49 CFR part 26. 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(42 U.S.C. 6201et seq). FEDERAL FAIR LABOR STANDARDS ACT(FEDERAL MINIMUM WAGE) All contracts and subcontracts shall incorporate the following provisions by reference,with the same force and effect as if given in full text. The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. Page 27 of 158 Contract for Rehab of Air Carrier&General Aviation Apron Requiremrent FederalAgenc with n r ent Rye ons b tie � Federal Fair Labor Standards Act(29 USC U.S. Department of Labor—Wage and Hour 201) Division LOBBYING AND INFLUENCING FEDERAL EMPLOYEES The Contractor or offeror certifies by signing and submitting this bid, to the best of his or her knowledge and belief,that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor or offeror,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,amendment, or modification of any Federal Contract, grant,loan,or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. c. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers(including subcontracts, sub-grants,and contracts under grants, loans,and cooperative agreements)and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 All Contracts and subcontracts must incorporate the following provisions by reference,with the same force and effect as if given in full text. Contractor must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Contractor must Page 28 of 158 Contract for Rehab of Air Carrier&General Aviation Apron address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor—Occupational Safety and Health Administration. RIGHTS TO INVENTIONS Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This. Contract incorporates by reference the patent and inventions rights as specified within in the 37 CFR §401.14. Contractor must include this requirement in all sub-tier contracts involving experimental,developmental or research work. TRADE RESTRICTION CLAUSE By submission of an offer,the Offeror certifies that with respect to this Contract,the Offeror- 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 as published by the Office of the United States Trade Representative(U.S.T.R.); 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 included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R; and c. has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign country included on the list of countries that discriminate against U.S.firms published by the U.S.T.R. 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. The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17,no Contract shall be awarded to an Offeror or subcontractor: (1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. or (2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list or (3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list; Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render,in good faith,the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Page 29 of 158 Contract for Rehab of Air Carrier&General Aviation Apron The Contractor agrees it will incorporate this provision for certification without modification in in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S.firms as published by U.S.T.R, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Owner cancellation of the Contract or subcontract for default at no cost to the Owner or the FAA. VETERAN'S PREFERENCE In the employment of labor(excluding executive,administrative,and supervisory positions),the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. COPELAND"ANTI-KICKBACK"ACT Contractor must comply with the requirements of the Copeland"Anti-Kickback"Act(18 U.S.C. 874 and 40 U.S.C. 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing,by any means,any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner,a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration. DAVIS BACON REQUIREMENTS 1.Minimum Wages (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act(29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 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 Page 30 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 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 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. Page 31 of 158 Contract for Rehab of Air Carrier&General Aviation Apron (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 Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal Contract with the same prime Contractor, or any other Federally- assisted Contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the Contract,the FAA may, after written notice to the Contractor,Owner, or applicant,take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records. (i)Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name,address,and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked,deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(l)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the plan or program has been communicated in writing to the laborers or mechanics affected,and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A)The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to the FAA if the agency is a party to the Contract,but if the agency is not such a party,the Contractor will submit the payrolls to the applicant or Owner, as the case may be, for transmission to the FAA. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually Page 32 of 158 Contract for Rehab of Air Carrier&General Aviation Apron (e.g. the last four digits of the employee's social security number). identifying number for each employee , � The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker,and shall provide them upon request to the FAA if the agency is a party to the Contract,but if the agency is not such a party, the Contractor will submit them to the applicant or Owner,as the case may be, for transmission to the FAA, the Contractor,or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime Contractor to require a subcontractor to provide addresses and social security numbers to the prime Contractor for its own records, without weekly submission to the sponsoring government agency(or the applicant,or Owner). (B)Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under § 5.5(a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i)of Regulations,29 CFR part 5,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 Owner, the FAA 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, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds. Furthermore,failure to submit the required records upon request or to make such records available maybe grounds for debarment action pursuant to 29 CFR 5.12. Page 33 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 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 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 Page 34 of 158 Contract for Rehab of Air Carrier&General Aviation Apron not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with the 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 FAA 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. (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). Page 35 of 158 Contract for Rehab of Air Carrier&General Aviation Apron (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)(l). (iii)The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Contract,the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color,religion,sex,or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion,sex,or national origin. Such action shall include,but not be limited to the following:employment, upgrading, demotion,or transfer;recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship. The Contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race,color,religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other Contract or understanding, a notice to be provided advising the said labor union or workers'representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended,and of the rules,regulations,and relevant orders of the Secretary of Labor. 5.The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to its books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1)through(7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of Page 36 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 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 agencythe contractor may y request the United States to enter into such litigation to protect the interests of the United States. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS 1.As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this Contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor,or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return,U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander(all persons having origins in any of the original peoples of the Far East, Southeast Asia,the Indian Subcontinent, or the Pacific Islands);and (4) American Indian or Alaskan native(all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. 3. If the Contractor is participating(pursuant to 41 CFR 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. Page 37 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 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: 1. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment,with specific attention to minority or female individuals working at such sites or in such facilities. 2. 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. 3. 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. 4. 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 Contract for Rehab of Air Carrier&General Aviation Apron Page 38 of 158 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. 5. 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. 6. 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. 7. Review,at least annually,the Contractor's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring,assignment, layoff, termination,or other employment decisions including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. 8. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. 9. 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. 10. 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. 11. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 12. 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. 13. 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. 14. 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. Page 39 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 15. 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. 16. Conduct a review,at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8.Contractors are encouraged to participate in voluntary associations,which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation,makes a good faith effort to meet its individual goals and timetables,and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups,both male and female,and all women,both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,)the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color,religion,sex, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause,including suspension,termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations,by the Office of Federal Contract Compliance Programs.Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 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's 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, Page 40 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 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,Contractor shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). PROHIBITION OF SEGREGATED FACILITIES 1. The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this Contract. 2. "Segregated facilities,"as used in this clause, means any waiting rooms, work areas,rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees,that are segregated by explicit directive or are in fact segregated on the basis of race,color,religion,sex,or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. 3. The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this Contract. TERMINATION FOR CONVENIENCE The Owner may terminate this Contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner,the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause: 1. Contractor must immediately discontinue work as specified in the written notice. Page 41 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 2. Terminate all subcontracts to the extent they relate to the work terminated under the notice. 3. Discontinue orders for materials and services except as directed by the written notice. 4. Deliver to the owner all fabricated and partially fabricated parts,completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work and as directed in the written notice. 5. Complete performance of the work not terminated by the notice. 6. Take action as directed by the owner to protect and preserve property and work related to this Contract that Owner will take possession. Owner agrees to pay Contractor for: 0 completed and acceptable work executed in accordance with the Contract documents prior to the effective date of termination; documented expenses sustained prior to the effective date of termination in performing work and furnishing labor,materials,or equipment as required by the Contract documents in connection with uncompleted work; reasonable and substantiated claims,costs and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers;and reasonable and substantiated expenses to the contractor directly attributable to Owner's termination action Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the Owner's termination action. The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this Contract. TERMINATION FOR DEFAULT(CONSTRUCTION) Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions,rights and remedies associated with Owner termination of this Contract due default of the Contractor. CERTIFICATE REGARDING DEBARMENT AND SUSPENSION(CONTRACTOR OR OFFEROR) By submitting a bid under this solicitation,the Contractor or offeror certifies that at the time the Contractor or offeror submits its bid that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION(CONTRACTOR REGARDING LOWER TIER PARTICIPANTS) The Contractor, by administering each lower'tier subcontract that exceeds $25,000 as a "covered transaction", must verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The Contractor will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov Contract for Rehab of Air Carrier&General Aviation Apron Page 42 of 158 2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Contractor or Offeror),above. 3. Inserting a clause or condition in the covered transaction with the lower tier Contract If the FAA later determines that a lower tier participant failed to tell a higher tier that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedy, including suspension and debarment of the non-compliant participant. BREACH OF CONTRACT TERMS Any violation or breach of the terms of this Contract on the part of the Contractor or subcontractor may result in the suspension or termination of this Contract or such other action which may be necessary to enforce the rights of the parties under this Contract. Owner will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the Contract. Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the Contract. The Owner's notice will identify a specific date by which the Contractor must correct the breach. Owner may proceed with termination of the Contract if the contractor fails to correct the breach by deadline indicated in the Owner's notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to,and not a limitation of,any duties,obligations,rights and remedies otherwise imposed or available by law. CLEAN AIR AND WATER POLLUTION CONTROL Contractor agrees to comply with all applicable standards,orders,and regulations issued pursuant to the Clean Air Act(42 U.S.C. § 740-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency(EPA) and the Federal Aviation Administration. Contractor must include this requirement in all subcontracts that exceeds$150,000. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards,in any workweek in which he or she is employed on such work to work in excess of Page 43 of 158 Contract for Rehab of Air Carrier&General Aviation Apron forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2.Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph(1) of this clause, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States(in the case of work done under Contract for the District of Columbia or a territory,to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph(1) of this clause, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(1)of this clause. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration(FAA)or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such Contract or any other Federal Contract with the same prime contractor, or any other Federally-assisted Contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this clause. 4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1)through(4)of this clause. TEXTING WHEN DRIVING In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 "Text Messaging While Driving" (12/30/2009), FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub-grant. In support of this initiative,the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers,including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $3,500 and involve driving a motor vehicle in performance of work activities associated with the project. Page 44 of 158 Contract for Rehab of Air Carrier&General Aviation Apron PROCUREMENT OF RECOVERED MATERIALS Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this Contract and to the extent practicable, the Contractor and subcontractors are to use of products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency(EPA)under 40 CFR Part 247 whenever: a) The Contract requires procurement of$10,000 or more of a designated item during the fiscal year; or, b) The contractor has procured$10,000 or more of a designated item using Federal funding during the previous fiscal year. The list of EPA-designated items is available at www.epa.gov/epawaste/conserve/tools/cpg/products/. Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is: 1. Not reasonably available within a timeframe providing for compliance with the Contract performance schedule; 2. Fails to meet reasonable Contract performance requirements; or 3. Is only available at an unreasonable price. WAGE RATE DETERMINATION General Decision Number:GA180287 01/05/2018 GA287 Superseded General Decision Number: GA20170287 State: Georgia Construction Type:Highway County:Richmond County in Georgia. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of$10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the Contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this Contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least$10.35 per hour(or the applicable wage rate listed on this wage determination,if it is higher)for all hours spent performing on the Contract in calendar year 2018.The EO minimum wage rate will be adjusted annually.Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself,but it does not apply to contracts subject only to the Davis-Bacon Related Acts,including those set forth at 29 CFR 5.1(a)(2)-(60).Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Page 45 of 158 Contract for Rehab of Air Carrier&General Aviation Apron Modification Number Publication Date 0 01/05/2018 SUGA2014-109 10/03/2016 Rates Fringes CARPENTER,Excludes Form Work....$ 16.45 0.00 CEMENT MASON/CONCRETE FINISHER...$ 14.75 0.00 FORM WORKER $ 14.49 0.00 HIGHWAY/PARKING LOT STRIPING: Operator(Striping Machine) $ 12.39 1.94 INSTALLER: Guardrail $ 15.03 0.00 IRONWORKER,REINFORCING $ 15.10 0.00 IRONWORKER, STRUCTURAL $ 15.36 0.89 LABORER: Grade Checker $ 11.45 0.00 LABORER: Mason Tender- Cement/Concrete $ 12.01 0.00 LABORER: Pipelayer $ 13.16 0.00 LABORER:Asphalt(Includes Distributor,Raker, Screed, Shoveler,and Spreader) $ 14.18 0.00 LABORER: Common or General, Includes Erosion Control $ 11.04 0.00 OPERATOR: Backhoe/Excavator/Trackhoe $ 17.43 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader $ 12.22 0.00 OPERATOR: Broom/Sweeper $ 14.04 1.43 Page 46 of 158 Contract for Rehab of Air Carrier&General Aviation Apron OPERATOR: Bulldozer $ 15.03 0.00 OPERATOR: Compactor $ 14.04 0.00 OPERATOR: Concrete Saw..........$ 18.47 0.00 OPERATOR: Crane.................$20.82 0.00 OPERATOR: Distributor...........$ 17.19 0.00 OPERATOR: Grader/Blade $ 18.68 0.00 OPERATOR: Hydroseeder...........$ 13.93 0.00 OPERATOR: Loader................$ 12.88 0.00 OPERATOR: Mechanic..............$20.07 0.00 OPERATOR: Milling Machine $ 16.11 0.00 OPERATOR: Paver (Asphalt, Aggregate,and Concrete).........$ 16.49 3.48 OPERATOR: Piledriver............$ 16.70 0.00 OPERATOR: Roller................$ 13.53 0.00 OPERATOR: Scraper...............$ 12.64 0.00 OPERATOR: Screed................$ 14.04 0.00 PAINTER: Spray..................$23.30 0.00 TRAFFIC CONTROL: Flagger.......$ 11.49 0.00 TRAFFIC CONTROL: Laborer-Cones/ Barricades/Barrels- Setter/Mover/Sweeper.............$ 13.07 0.00 TRAFFIC SIGNALIZATION: Laborer..........................$ 12.07 0.00 TRUCK DRIVER: Dump Truck $ 17.00 0.00 TRUCK DRIVER: Flatbed Truck $ 14.96 1.19 Contract for Rehab of Air Carrier&General Aviation Apron Page 47 of 158 TRUCK DRIVER: Hydroseeder Truck $ 14.92 0.00 TRUCK DRIVER: Lowboy Truck $ 18.15 0.00 TRUCK DRIVER: Off the Road Truck $ 12.38 0.00 TRUCK DRIVER: Water Truck $ 14.03 0.00 TRUCK DRIVER: Semi/Trailer Truck $ 16.13 0.00 WELDERS-Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order(EO) 13706,Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the Contract is awarded(and any solicitation was issued)on or after January 1,2017. If this Contract is covered by the EO,the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work,up to 56 hours of paid sick leave each year.Employees must be permitted to use paid sick leave for their own illness,injury or other health-related needs,including preventive care;to assist a family member(or person who is like family to the employee)who is ill,injured,or has other health-related needs,including preventive care; or for reasons resulting from,or to assist a family member(or person who is like family to the employee)who is a victim of,domestic violence,sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards Contract clauses(29CFR 5.5 (a)(1)(ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s)of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of"identifiers"that indicate whether the particular rate is a union rate(current union negotiated rate for local),a survey rate(weighted average rate)or a union average rate(weighted union average rate). Union Rate Identifiers A four-letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than"SU" or"UAVG" denotes that the union classification and rate were prevailing for that classification Page 48 of 158 Contract for Rehab of Air Carrier&General Aviation Apron in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification,which in this example would be Plumbers.0198 indicates the local union number or district council number where applicable,i.e.,Plumbers Local 0198. The next number,005 in the example,is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate,which in this example is July 1,2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA)governing this classification and rate. Survey Rate Identifiers Classifications listed under the"SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey,it may include both union and non-union rates.Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates.LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number,007 in the example,is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s)listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications;however, 100%of the data reported for the classifications was union data.EXAMPLE: UAVG-OH-0010 08/29/2014.UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number,0010 in the example,is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year,usually in January of each year,to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.)Has there been an initial decision in the matter?This canbe: * 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 Page 49 of 158 Contract for Rehab of Air Carrier&General Aviation Apron On survey related matters,initial contact,including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory,then the process described in 2.)and 3.)should be followed. With regard to any other matter not yet ripe for the formal process described here,initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S.Department of Labor 200 Constitution Avenue,N.W. Washington,DC 20210 2.)If the answer to the question in 1.)is yes,then an interested party(those affected by the action)can request review and reconsideration from the Wage and Hour Administrator(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S.Department of Labor 200 Constitution Avenue,N.W. Washington,DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information(wage payment data,project description,area practice material, etc.) that the requestor considers relevant to the issue. 3.)If the decision of the Administrator is not favorable,an interested party may appeal directly to the Administrative Review Board(formerly the Wage Appeals Board). Write to: Administrative Review Board U.S.Department of Labor 200 Constitution Avenue,N.W. Washington,DC 20210 4.)All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Page 50 of 158 Contract for Rehab of Air Carrier&General Aviation Apron Page 51 of 158 Contract for Rehab of Air Carrier&General Aviation Apron GENERAL PROVISIONS 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 Airport Improvement Program(AIP). A grant-in-aid program administered by the Federal Aviation Administration(FAA). 10-05 Air operations area(AOA).For the purpose of these specifications,the term air operations area (AOA)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 International(ASTM).Formerly known as the American Society for Testing and Materials(ASTM). 10-08 Award. The Owner's notice to the successful Contractor of the acceptance of the submitted bid. 10-09 Bidder. Any individual,partnership, firm, or corporation,acting directly or through a duly authorized representative,who submits a bid for the work contemplated. 10-10 Bid. The written offer of the Contractor(when submitted on the approved bid form)to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications. 10-11 Bid guaranty. The security furnished with a bid to guarantee that the Contractor will enter into a Contract if his or her bid is accepted by the owner. 10-12 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. 10-13 Calendar day. Every day shown on the calendar. 10-14 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, must be within the scope of the Contract. 10-15 Contract. The written agreement covering the work to be performed. The awarded Contract shall include,but is not limited to: Advertisement, Contract Form,Proposal,Performance Bond,Payment Bond, any required insurance certificates, Specifications, Plans,and any addenda issued to bidders. 10-16 Contract item(pay item).A specific unit of work for which a price is provided in the Contract. Contract for Rehab of Air Carrier&General Aviation Apron Page 52 of 158 10-17 Contract time. The number of calendar days or working days,stated in the proposal,allowed for completion of the Contract,including authorized time extensions. If a calendar date of completion is stated in the proposal,in lieu of a number of calendar or working days,the Contract shall be completed by that date. 10-18 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. 10-19 Contractor's laboratory. The Contractor's quality control organization in accordance with the Contractor Quality Control Program. 10-20 Construction Safety and Phasing Plan(CSPP). The overall plan for safety and phasing of a construction project developed by the airport operator or developed by the airport operator's consultant and approved by the airport operator. It is included in the invitation for bids and becomes part of the project specifications. 10-21 Drainage system.The system of pipes, ditches,and structures by which surface or subsurface waters are collected and conducted from the airport area. 10-22 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. 10-23 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. 10-24 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. 10-25 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 or her duly authorized representative. 10-26 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. 10-27 Force account.Force account work is planning,engineering, or construction work done by the Sponsor's employees. 10-28 Inspector.An authorized representative of the Engineer assigned to make all necessary inspections and tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. 10-29 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. 10-30 Laboratory. The official testing laboratories of the Owner or such other laboratories as may be designated by the Engineer. Also referred to as"Engineer's Laboratory"or"quality assurance laboratory." 10-31 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 Page 53 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 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. 10-32 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%of the total amount of the award Contract. All other items shall be considered minor Contract items. 10-33 Materials.Any substance specified for use in the construction of the Contract work. 10-34 Notice to Proceed(NTP).A written notice to the Contractor to begin the actual Contract work on a previously agreed to date. If applicable,the Notice to Proceed shall state the date on which the Contract time begins. 10-35 Owner. The term"Owner"shall mean the party of the first part or the contracting agency signatory to the Contract. Where the term"Owner"is capitalized in this document,it shall mean airport Sponsor only. 10-36 Passenger Facility Charge(PFC). Per 14 CFR Part 158 and 49 USC §40117, a PFC is a charge imposed by a public agency on passengers enplaned at a commercial service airport it controls." 10-37 Pavement. The combined surface course,base course,and subbase course,if any, considered as a single unit. 10-38 Payment bond. The approved form of security furnished by the Contractor and his or her surety as a guaranty that the Contractor will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-39 Performance bond. The approved form of security furnished by the Contractor and his or her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the Contract. 10-40 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. 10-41 Project. The agreed scope of work for accomplishing the work in this Contract. 10-42 Proposal. Where the term"proposal"is used in the Federal or FAA technical specifications, it shall be interpreted to mean"bid"for this Project. 10-43 Runway. The area on the airport prepared for the landing and takeoff of aircraft. 10-44 Specifications. A part of the Contract containing the written directions and requirements for completing the Contract work. Standards for specifying materials or testing which are cited in the Contract specifications by reference shall have the same force and effect as if included in the Contract physically. 10-45 Sponsor.A Sponsor is defined in 49 USC §47102(24)as a public agency that submits to the FAA for an AIP grant; or a private Owner of a public-use airport that submits to the FAA an application for an AIP grant for the airport. 10-46 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. 10-47 Subgrade. The soil that forms the pavement foundation. 10-48 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. 10-49 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 Contract for Rehab of Air Carrier&General Aviation Apron Page 54 of 158 item,by more than 25%,such increased or decreased work being within the scope of the originally awarded Contract; or(2)work that is not within the scope of the originally awarded Contract. 10-50 Surety. The corporation,partnership, or individual, other than the Contractor, executing payment or performance bonds that are furnished to the Owner by the Contractor. 10-51 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,aircraft parking areas,and terminal areas. 10-52 Work. The furnishing of all labor, materials,tools, equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the Contract,plans, and specifications. 10-53 Working day. A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least six(6) hours toward completion of the Contract. When work is suspended for causes beyond the Contractor's control,it will not be counted as a working day. Saturdays, Sundays and holidays on which the Contractor's forces engage in regular work will be considered as working days. END OF SECTION 10 Contract for Rehab of Air Carrier&General Aviation Apron Page 55 of 158 SECTION 20 BID REQUIREMENTS AND CONDITIONS Scope of Work Rehabilitation of air carrier and general aviation apron including but not limited to demolition of approximately 66,190 square yards of asphalt pavement, construction of approximately 58,500 square yards of Portland cement concrete pavement,removal of approximately 2,600 linear feet of storm sewer, installation of approximately 2,750 linear feet of storm sewer,along with associated pavement marking, and site restoration including topsoiling,seeding,and mulching. The project shall be complete and ready for final inspection within 375 days from the effective date of Notice-to-Proceed. Federal Requirements This project is funded under provision of the Airport Improvement Program(AIP)established by the Airport and Airway Improvement Act of 1982(Public Law 97-248). Certain mandatory federal requirements apply to this solicitation and are included in the Federal Provisions section of this document. Contractor shall comply with all applicable federal, state, and local laws pertaining to the required services including,but not limited to, equal employment opportunity provisions,the Augusta Procurement Policies,Davis Bacon wage provisions,Buy American requirements,disadvantaged business enterprise opportunity provisions,and all conditions of the Contract documents,plans and specifications. The Augusta Aviation Commission(SPONSOR),in accordance with Title VI of the Civil Rights Act of 1964, 78 STAT.252,42 Code of Federal Regulations,Department of transportation, Subtitle A,Office of the Secretary,Part 21,Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such Act,hereby notifies all contractors that it will affirmatively ensure that, in any Contract entered into pursuant to this notice, Disadvantaged Business Enterprises(DBE's) will be afforded full opportunity submit bids in response to this invitation and will not be discriminated against on the grounds of race, color,religion,sex or national origin in consideration for an award. Contractors shall make good faith efforts as defined in Appendix A of 49 CFR Part 26 Regulations of the Office of the Secretary of Transportation,to subcontract 13.3% or more of the dollar value of the prime Contract to small business concerns owned and controlled by socially and economically disadvantaged individuals(DBE's). Bonding Requirements Contractor will furnish satisfactory 100 percent performance bond as well as labor and material bond. END OF SECTION 20 Page 56 of 158 Contract for Rehab of Air Carrier&General Aviation Apron SECTION 30 AWARD AND EXECUTION OF CONTRACT NOT USED IN THE CONTRACT END OF SECTION 30 Page 57 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 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%(total cost being based on the unit prices and estimated quantities in the awarded Contract).Alterations that do not exceed the 25%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%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. Supplemental agreements shall be approved by the FAA and shall include all applicable Federal Contract provisions for procurement and contracting required under AIP. Supplemental agreements shall also require consent of the Contractor's surety and separate performance and payment bonds. 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 non-performed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection 90-04 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,the Engineer may order the Contractor to proceed with Extra Work as provided in the subsection 90-05 titled PAYMENT FOR EXTRA 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 defined in the subsection 10-48 titled SUPPLEMENTAL AGREEMENT of Section 10. Contract for Rehab of Air Carrier&General Aviation Apron Page 58 of 158 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. a.It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas (AOAs) of the airport with respect to his or her own operations and the operations of all subcontractors as specified in the subsection 80-04 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 70-15 titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. b. With respect to his or her own operations and the operations of all subcontractors, the Contractor shall provide marking, lighting,and other acceptable means of identifying personnel, equipment,vehicles, storage areas,and any work area or condition that may be hazardous to the operation of aircraft,fire-rescue equipment,or maintenance vehicles at the Airport. c. 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 be responsible for the repair of any damage caused by the Contractor's equipment and personnel. The Contractor shall furnish, erect, and maintain barricades, warning signs, flag person, and other traffic control devices in reasonable conformity with the Manual on Uniform Traffic Control Devices (MUTCD) (http://mutcd.fhwa.dot.gov/), unless otherwise specified. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads,streets or highways. 40-06 Removal of existing structures. All existing structures encountered within the established lines, grades,or grading sections shall be removed by the Contractor,unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. 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 40-07 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 used in the work as otherwise provided for in the Contract and shall remain the property of the Owner when so used in the work. 40-07 Rights in and use of materials found in the work. Should the Contractor encounter any material such as(but not restricted to)sand,stone,gravel,slag,or concrete slabs within the established lines, grades, or grading sections,the use of which is intended by the terms of the Contract to be either embankment or waste,the Contractor may at his or 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, Page 59 of 158 Contract for Rehab of Air Carrier&General Aviation Apron b.Remove such material from the site, upon written approval of the Engineer; or c. Use such material for the Contractor's own temporary construction on site; or, d. Use such material as intended by the terms of the Contract. Should the Contractor wish to exercise option a.,b., or c., the Contractor shall request the 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 or 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 use of such material 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 or 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. 40-08 Final cleanup. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish,temporary structures,and stumps or portions of trees. The Contractor shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition.Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property Owner. END OF SECTION 40 Contract for Rehab of Air Carrier&General Aviation Apron Page 60 of 158 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 or her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, the Engineer will advise the Owner of his or her determination that the affected work be accepted and remain in place. In this event, the Engineer will document the determination and recommend to the Owner a basis of acceptance that will provide for an adjustment in the Contract price for the affected portion of the work. The Engineer's determination and recommended Contract price adjustments will be based on sound engineering judgment and such tests or retests of the affected work as are, in the Engineer's opinion,needed. Changes in the Contract price shall be covered by Contract 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 execution 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 sound engineering judgment in his or 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 Advisory Circulars (ACs); Contract General Provisions shall govern over Page 61 of 158 Contract for Rehab of Air Carrier&General Aviation Apron Plans, cited standards for materials or testing, and cited ACs; plans shall govern over cited standards for materials or testing and cited ACs. If any paragraphs contained in the Special Provisions conflict with General Provisions or Technical Specifications, the Special Provisions shall govern. From time to time, discrepancies within cited testing standards occur due to the timing of the change,edits, and/or replacement of the standards. If the Contractor discovers any apparent discrepancy within standard test methods,the Contractor shall immediately ask the Engineer for an interpretation and decision,and such decision shall be final. 50-04 Cooperation of Contractor. The Contractor will be supplied with five copies each of the Plans and Specifications. The Contractor 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 shall cooperate with the Engineer and his or 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 or 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 or 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 the work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his or 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 because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange his or 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. The Contractor shall join his or her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-06 Construction layout and 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 their own or the Contractor's guidance shall be preserved by the Contractor. In case of negligence on the part of the Contractor, or their employees, resulting in the destruction of such stakes or markings,an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the Contractor at the discretion of the Engineer. The Contractor will be required to furnish all lines,grades and measurements from the control points necessary for the proper execution and control of the work contracted for under these specifications. The Contractor must give copies of survey notes to the Engineer for each area of construction and for each placement of material as specified to allow the Engineer to make periodic checks for conformance with plan grades, alignments and grade tolerances required by the applicable material specifications.All surveys must be provided to the Engineer prior to commencing work items that will cover or disturb the survey staking as set by the Contractor's surveyor. Survey(s)and notes shall be provided in the following format(s): AutoCAD Release 2016. In the case of error, on the part of the Contractor,their surveyor, employees or subcontractors,resulting in established grades,alignment or grade tolerances that do not concur with those specified or shown on the plans,the Contractor is solely responsible for correction, removal,replacement and all associated costs at no additional cost to the Owner. Contract for Rehab of Air Carrier&General Aviation Apron Page 62 of 158 No direct payment will be made,unless otherwise specified in Contract documents, for this labor, materials,or other expenses. The cost 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: a.Clearing and Grubbing perimeter staking b.Rough Grade slope stakes at 100-foot(30-m)stations c.Drainage Swales slope stakes and flow line blue tops at 50-foot(15-m)stations Subgrade blue tops at 25-foot(7.5-m) stations and 25-foot(7.5-m)offset distance(maximum) for the following section locations: a.Runway—minimum five(5)per station b.Taxiways—minimum three(3)per station c.Holding apron areas—minimum three(3)per station d.Roadways—minimum three(3)per station Base Course blue tops at 25-foot(7.5-m)stations and 25-foot(7.5-m) offset distance(maximum)for the following section locations: a.Runway—minimum five(5)per station b.Taxiways—minimum three(3)per station c.Holding apron areas—minimum three(3)per station Pavement areas: a.Edge of Pavement hubs and tacks(for stringline by Contractor)at 100-foot(30-m)stations. b.Between Lifts at 25-foot(7.5-m)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(15-m) 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(15-m) stations and at all break points with maximum of 50-foot(15-m) offsets. e.Fence lines at 100-foot(30-m)stations minimum. f.Electrical and Communications System locations, lines and grades including but not limited to duct runs, connections, fixtures, signs, lights, Visual Approach Slope Indicators (VASIs), Precision Approach Path Indicators(PAPIs),Runway End Identifier Lighting(REIL), Wind Cones,Distance Markers(signs), pull boxes and manholes. g.Drain lines cut stakes and alignment on 25-foot(7.5-m) stations, inlet and manholes. h.Painting and Striping layout(pinned with 1.5-inch PK nails)marked for paint Contractor.(All nails shall be removed after painting). Page 63 of 158 Contract for Rehab of Air Carrier&General Aviation Apron i.Laser,or other automatic control devices,shall be checked with temporary control point or grade hub at a minimum of once per 400 feet(120 m)per pass(that is,paving lane). The establishment of Survey Control and/or reestablishment of survey control shall be by a State Licensed Land Surveyor. 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 of 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 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 are authorized to notify the Contractor or his or 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 a decision. 50-09 Inspection of the work. All materials and each part or detail of the work shall be subject to inspection. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests it,the Contractor,at any time before acceptance of the work,shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable,the uncovering, or removing,and the replacing of the covering or making good of the parts removed will be paid for as extra work;but should the work so exposed or examined prove unacceptable,the uncovering,or removing,and the replacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done, or materials used without supervision or inspection by an authorized representative of the Owner may be ordered 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 50-02 titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. through Unacceptable work,whether the result of poor workmanship, use of defective materials, damage g carelessness, or any other cause found to exist prior to the final acceptance of the work,shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection 70- 14 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 established by the Engineer.Work done contrary to the instructions of the Engineer,work done beyond 64 of Page Contract for Rehab of Air Carrier&General Aviation Apron the lines shown on the plans or as established by the Engineer,except as herein specified,or any extra work done without authority,will be considered as unauthorized and will not be paid for under the provisions of the Contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply with any order of the 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 or her hauling equipment and shall correct such damage at his or her own expense. 50-12 Maintenance during construction. The Contractor shall maintain the work during construction and until the work is accepted. Maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a Contract for the placing of a course upon a course or subgrade previously constructed,the Contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various Contract items, and the Contractor will not be paid an additional amount for such work. 50-13 Failure to maintain the work. Should the Contractor at any time fail to maintain the work as provided in the subsection 50-12 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 execution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the Owner, the Contractor 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, the Engineer may accept it as being complete, 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 complete in accordance with the Contract, plans, and specifications, such inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If,however,the inspection discloses any work,in whole or in part,as being unsatisfactory,the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall Contract for Rehab of Air Carrier&General Aviation Apron Page 65 of 158 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 for work or materials not clearly provided for in the Contract,plans,or specifications or previously authorized as extra work, the Contractor shall notify the Engineer in writing of his or her intention to claim such additional compensation before the Contractor begins the work on which the Contractor bases the claim. If such notification is not given or the 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 a written claim to the Engineer who will present it to the Owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. END OF SECTION 50 Page 66 of 158 Contract for Rehab of Air Carrier&General Aviation Apron SECTION 60 CONTROL OF MATERIALS 60-01 Source of supply and quality requirements. The materials used in the work shall conform to the requirements of the Contract,plans,and specifications. Unless otherwise specified,such materials that are manufactured or processed shall be new(as compared to used or reprocessed). In order to expedite the inspection and testing of materials,the Contractor shall furnish 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 advisory circular (AC) 150/5345-53, Airport Lighting Equipment Certification Program, and Addendum that is in effect on the date of advertisement; and, b.Produced by the manufacturer as listed in the Addendum cited above for the certified equipment part number. 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,quality assurance tests in accordance with the cited standard methods of ASTM,American Association of State Highway and Transportation Officials(AASHTO),Federal Specifications, Commercial Item Descriptions,and all other cited methods, which are current on the date of advertisement for bids,will be made by and at the expense of the Engineer. The testing organizations performing on-site quality assurance field tests shall have copies of all referenced standards on the construction site for use by all technicians and other personnel,including the Contractor's representative at his or her request.Unless otherwise designated,samples for quality assurance 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 their request after review and approval of the Engineer. The Contractor shall employ a testing organization to perform all Contractor required Quality Control 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 and electronic copies, 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 Page 67 of 158 Contract for Rehab of Air Carrier&General Aviation Apron be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with Contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. When a material or assembly is specified by"brand name or equal"and the Contractor elects to furnish the specified"brand name,"the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: a.Conformance to the specified performance,testing,quality or dimensional requirements;and, b. Suitability of the material or assembly for the use intended in the Contract work. Should the Contractor propose to furnish an"or equal"material or assembly, the Contractor 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 or 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 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 the Engineer 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. The contractor shall furnish for the duration of the Project one building for the use of the field engineers and inspectors, as a field office. This facility shall be an approved weatherproof building meting the current State Highway Specifications (for example, Class I Field Office or Type C Structure). This building shall be located conveniently near to the construction and shall be separate from any building used by the Contractor. The Contractor will provide high speed internet access and shall be responsible for payment of the basic monthly charge for internet service. The Contractor shall furnish a photocopy, scanner, and printer capable of producing 11"x 17"prints, water, sanitary facilities, heat,air conditioning,and electricity. Contract for Rehab of Air Carrier&General Aviation Apron Page 68 of 158 No direct payment will be made for the Engineer's field office building or labor,materials, ground rental, or other expense in connection therewith. The Contractor and his/her superintendent shall provide all reasonable facilities to enable to the Engineer to inspect the workmanship and materials entering into the work. 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 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. All storage sites on private or airport property shall be restored to their original condition by the Contractor at his or 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 use in the work. 60-08 Owner furnished materials.The Contractor shall furnish all materials required to complete the work, except those specified,if any,to be furnished by the Owner. Owner-furnished materials shall be made available to the Contractor at the location specified. All costs of handling,transportation from the specified location to the site of work,storage,and installing Owner-furnished materials shall be included in the unit price bid for the Contract item in which such Owner-furnished material is used. After any Owner-furnished material has been delivered to the location specified,the Contractor shall be responsible for any demurrage, damage, loss,or other deficiencies that may occur during the Contractor's handling, storage, or use of such Owner-furnished material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the Contractor's handling, storage, or use of Owner-furnished materials. END OF SECTION 60 Page 69 of 158 Contract for Rehab of Air Carrier&General Aviation Apron SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-01 Laws to be observed. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority,which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. The Contractor shall at all times observe and comply with all such laws,ordinances,regulations,orders,and decrees;and shall protect and indemnify the Owner and all his or 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 the Contractor or the Contractor's employees. 70-02 Permits,licenses,and taxes. The Contractor shall procure all permits and licenses,pay all charges, fees, and taxes,and give all notices necessary and incidental to the due and lawful execution of the work. 70-03 Patented devices, materials, and processes. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, the Contractor shall provide for such use by suitable legal agreement with the Patentee or Owner. The Contractor and the surety shall indemnify and hold harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright,and shall indemnify the Owner for any costs,expenses,and damages which it may be obliged to pay by reason of an infringement,at any time during the execution or after the completion of the work. 70-04 Restoration of surfaces disturbed by others. The Owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. Except as shown on the construction plans,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 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. This Contract utilizes funding from the Airport Improvement Program (AIP). 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 USC and the Rules and Regulations of the FAA that pertain to the work which shall be complied with by the Contractor. As required by the USC,the Contract work is subject to the inspection and approval of duly authorized representatives of the FAA Administrator, and is further subject to those provisions of the rules and regulations that are cited in the Contract, Plans, or Specifications. Contract for Rehab of Air Carrier&General Aviation Apron Page 70 of 158 No requirement of the USC,the rules and regulations implementing the USC, or this Contract shall be construed as making the Federal Government a party to the Contract nor will any such requirement interfere,in any way, with the rights of either party to the Contract. 70-06 Sanitary,health,and safety provisions. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his or 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 or her health or safety. 70-07 Public convenience and safety. The Contractor shall control his or her operations and those of his or 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 or her own operations and those of his or her subcontractors and all suppliers in accordance with the subsection 40-05 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 80-04 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,warning signs,and markings for hazards that are in the air operations area (AOAs) shall be a maximum of 18 inches (0.5 m) high. Unless otherwise specified, barricades shall be spaced not more than 4 feet(1.2 m)apart.Barricades,warning signs,and markings shall be paid for under subsection 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 on Uniform Traffic Control Devices. 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 advisory circular(AC) 150/5340-1L, Standards for Airport Markings. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations,temporary stock piles,and the Contractor's 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 150/5370-2G,Operational Safety on Airports During Construction. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2G. 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 removal is directed by the Engineer. Open-flame type lights shall not be permitted. 70-09 Use of explosives.When the use of explosives is necessary for the execution of the work,the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. All explosives shall be stored in a secure manner in compliance with all laws and ordinances,and all such storage places shall be clearly marked.Where no local laws or ordinances apply,storage shall be provided Contract for Rehab of Air Carrier&General Aviation Apron Page 71 of 158 satisfactory to the En building, y Engineer and, in general, not closer than 1,000 feet(300 m road, or other place of human occupancy. The Contractor shall notify each property ) from the work or from any in proximity to the site of the work of hisOwner her aintent intention toic tuse ex company in proximi in advance too the w them take such steps ao having notice structures shall facilities propertyplosives. Such notice be given from injury, they may deem necessary The use of electrical blasting caps shall not be permitted on or within ry to protect their property. 70-10 Protection and restoration of property 1,000 feet (300 m) of the airport preservation of p p ty and landscape. The Contractor shall be responsible for the land all public dblicannd private property and shall protect carefully property markersuntil until the Engineer has witnessed or otherwise referenced their locationandmonuments andl notne them dt damagea The Contractor shall be responsible for all damage execution of the work, resultingror injury executingothe work, from any act, omission, neglect,toorr misconductcf any manner or during the k, or at any time due to defective work or materials, nd said in er s released until the project has been completed and accepted. method of When or where any direct or indirect damage or injury is done to public or shall not be of any act, omission, neglect, or misconduct in the execution of the work, non- execution thereof by the Contractor, thentincthe shall oprivate property by or on the to a condition similar or e or in consequence suchotoo qual to that existingrestore, at his or her own expense, property or otherwise restoring as may be directed, before such damage otacherwise manner. or the Contractor shall make gooddrs was m g or injury njuiring,an 70-11 Responsibility such damage in' and the Owner ibi their or d mage claims.and employhes fromContractor a for shall indemnifyave3En in andbectheuse of any injuries ties or damageall suits,actions,olaims, of any chaara cter brought the ofin the Contractor; receivedor acount or susortained nc consequence work;operationsr through use Cf onY ay person,persons, or property unacceptable materials in constructing the work; or because of P rty on account of neglect, or misconduct of said Contractor; or because of an of any neglect in safeguarding the infringements ofclaims or any act or from any infringements i War patent, trademark,or copyright;or from any claims or amounts arising recovered from kmen's Compensation Act,"or any other law, ordinance, order, or decree. 70-12 Third party beneficiary clause.It is specifically recovered under Contract that it is not intended byany agreed between the parties executing the or any member is not intended of the provisions of any part of the Contract to create for the public or maintainya suite for tphereof, a third-party in' beneficiary or to authorize anyone not a party Contract. juries or property damage pursuant to the terms or provisions of the to 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 Contract,such"phasing"of the work shall be specified herein and indicated specified,the Contractor shall complete such portions of the work on prior to completion of the entire otherwise specified. The Contractoromshall on the plans. When so arranging work amake his or her own estimate rhe difficfore the ult este pinvolved in as through permit such beneficial occupancy by the Owner as described on sheets G-081 g g thehew of the permiuc ch plans. Upon completion of any portion of the work listed above, such portion coancecompletion with the subsection 50-14 4 titled PARTIAL acNportion of the work mayP shall Section accepted by the Owner in be opened by the Contractor for publicuse E uuntild 50. writing. Should it become necessary to open a ordered by the Engineer in P portion of the work to public traffic on a temporary of e openings shall be made when, in the opinion of the Engineer, such portionor Contract for Rehab of Air Carrier&General Aviation Apron of the Page 72 of 158 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 or her expense. The Contractor shall make his or 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 150/5370-2G (see Special Provisions). Contractor shall refer to the approved Construction Safety Phasing Plan (CSPP) 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 50- 14 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 or 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, seeding, and sodding furnished under the Contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-15 Contractor's responsibility for utility service and facilities of others. As provided in the subsection 70-04 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 their 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: FAA Technical Operations: Holly Holcomb (803) 822-4420 Augusta Regional Airport: Adrienne Ayers-Allen Director of Engineering (706)796-4010 Page 73 of 158 Contract for Rehab of Air Carrier&General Aviation Apron It is further understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work.Any inaccuracy or omission in such information shall not relieve the Contractor of the responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the Contract, notify the Owners of all utility services or other facilities of his or her plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided in this subsection and subsection 70-04 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 provided, it shall be the responsibility of the Contractor to keep such individual Owners advised of changes in their plan of operations that would affect such Owners. Prior to beginning the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such Owner of their plan of operation. If, in the Contractor's opinion,the Owner's assistance is needed to locate the utility service or facility or the presence of a representative of the Owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two days' notice shall be cause for the Owner to suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located and staked on the ground,the Contractor shall be required to use hand excavation methods within 3 feet(1 m) of such outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise,the Contractor shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor,in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to their operations whether due to negligence or accident. The Owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his or her surety. 70-15.1 FAA facilities and cable runs. The Contractor is hereby advised that the construction limits of the project include existing facilities and buried cable runs that are owned, operated and maintained by the FAA. The Contractor,during the execution of the project work, shall comply with the following: a.The Contractor shall permit FAA maintenance personnel the right of access to the project work site for purposes of inspecting and maintaining all existing FAA owned facilities. b. The Contractor shall provide notice to the FAA Air Traffic Organization (ATO)/Technical Operations/System Support Center(SSC)Point-of-Contact through the airport Owner a minimum of seven (7) calendar days prior to commencement of construction activities in order to permit sufficient time to locate and mark existing buried cables and to schedule any required facility outages. c.If execution of the project work requires a facility outage,the Contractor shall contact the FAA Point- of-Contact a minimum of 72 hours prior to the time of the required outage. Contract for Rehab of Air Carrier&General Aviation Apron Page 74 of 158 d. Any damage to FAA cables, access roads, or FAA facilities during construction caused by the Contractor's equipment or personnel whether by negligence or accident will require the Contractor to repair or replace the damaged cables,access road, or FAA facilities to FAA requirements. The Contractor shall not bear the cost to repair damage to underground facilities or utilities improperly located by the FAA. e.If the project work requires the cutting or splicing of FAA owned cables,the FAA Point-of-Contact shall be contacted a minimum of 72 hours prior to the time the cable work commences. The FAA reserves the right to have a FAA representative on site to observe the splicing of the cables as a condition of acceptance. All cable splices are to be accomplished in accordance with FAA specifications and require approval by the FAA Point-of-Contact as a condition of acceptance by the Owner.The Contractor is hereby advised that FAA restricts the location of where splices may be installed. If a cable splice is required in a location that is not permitted by FAA, the Contractor shall furnish and install a sufficient length of new cable that eliminates the need for any splice. 70-16 Furnishing rights-of-way. The Owner will be responsible for furnishing all rights-of-way upon which the work is to be constructed in advance of the Contractor's operations. 70-17 Personal liability of public officials. In carrying out any of the Contract provisions or in exercising any power or authority granted by this Contract,there shall be no liability upon the Engineer, his or 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 or her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his or 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. The Contractor 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 or her operations,any building,part of a building,structure, or object that is incongruous with its surroundings,the Contractor shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and the Owner will direct the Contractor to either resume operations or to suspend operations as directed. Should the Owner order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate Contract change order or supplemental agreement as provided in the subsection 40-04 titled EXTRA WORK of Section 40 and the subsection 90-05 titled PAYMENT FOR EXTRA WORK of Section 90.If appropriate,the Contract change order or supplemental agreement shall include an extension of Contract Page 75 of 158 Contract for Rehab of Air Carrier&General Aviation Apron time in accordance with the subsection 80-07 titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. END OF SECTION 70 Contract for Rehab of Air Carrier&General Aviation Apron Page 76 of 158 SECTION 80 EXECUTION AND PROGRESS 80-01 Subletting of Contract. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person,by a qualified superintendent, or by other designated,qualified representative who is duly authorized to receive and execute orders of the Engineer. The Contractor shall provide copies of all subcontracts to the Engineer.The Contractor shall perform, with his organization,an amount of work equal to at least 25 percent of the total Contract cost. Should the Contractor elect to assign his or 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. 80-02 Notice to proceed. The notice to proceed(NTP)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. The Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the Owner. 80-03 Execution and progress.Unless otherwise specified,the Contractor shall submit their 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 their operations to provide such additional materials,equipment,and labor necessary to meet the revised schedule. Should the execution of the work be discontinued for any reason,the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. 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 or her operations and the operations of his or her subcontractors and all suppliers to provide for the free and unobstructed movement of aircraft in the air operations areas(AOA)of the airport. When the work requires the Contractor to conduct his or her operations within an AOA 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 AOA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection 70-08 titled BARRICADES, WARNING SIGNS,AND HAZARD MARKINGS of Section 70. When the Contract work requires the Contractor to work within an AOA of the airport on an intermittent basis(intermittent opening and closing of the AOA),the Contractor shall maintain constant communications as specified; immediately obey all instructions to vacate the AOA; immediately obey all instructions to resume work in such AOA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AOA until the satisfactory conditions are provided. Refer to the Construction Safety and Phasing Plans or restrictions. Contract for Rehab of Air Carrier&General Aviation Apron Page 77 of 158 Contractor shall be required to conform to safety standards contained in AC I 50/5370-2G, 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 Construction Safety and Phasing Plan(CSPP)and the provisions set forth within the current version of AC 150/5370-2. The CSPP included within the Contract documents conveys minimum requirements for operational safety on the airport during construction activities. The Contractor shall prepare and submit a Safety Plan Compliance Document that details how it proposes to comply with the requirements presented within the CSPP. The Contractor shall implement all necessary safety plan measures prior to commencement of any work activity. The Contractor shall conduct routine checks to assure compliance with the safety plan measures. The Contractor is responsible to the Owner for the conduct of all subcontractors it employs on the project. The Contractor shall assure that all subcontractors are made aware of the requirements of the CSPP and that they implement and maintain all necessary measures. No deviation or modifications may be made to the approved CSPP 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 or operational safety requirements 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 execution 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 meet 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,the Contractor may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change.If approval is given,it will be on the condition that the Contractor will be fully responsible for producing work in conformity with Contract requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet Contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality or take such other corrective action as the Engineer may direct.No change will be made in basis of payment for the Contract Contract for Rehab of Air Carrier&General Aviation Apron Page 78 of 158 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 the Owner may deem necessary,due to unsuitable weather, or such other conditions as are considered unfavorable for the execution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the Contract. In the event that the Contractor is ordered by the 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 or 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. 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. The Contractor shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the Airport. 80-07 Determination and extension of Contract time. The number of calendar or working days allowed for completion of the work shall be stated in the bid and Contract and shall be known as the CON TRACT 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 or 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 or 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 six(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 Contract for Rehab of Air Carrier&General Aviation Apron Page 79 of 158 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. (4)The Engineer will not make charges against the Contract time after the date of final acceptance as defined in the subsection 50-15 titled FINAL ACCEPTANCE of Section 50. (5) The Contractor will be allowed one(1)week in which to file a written protest setting forth his or her objections to the Engineer's weekly statement. If no objection is filed within such specified time,the weekly statement shall be considered as acceptable to the Contractor. The Contract time(stated in the bid and resulting Contract)is based on the originally estimated quantities as described in the subsection 20-05 titled INTERPRETATION OF ESTIMATED BID 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 bid. 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 non-work days.All calendar days elapsing between the effective dates of the Owner's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. At the time of final payment,the Contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the bid. Such increase in the Contract time shall not consider either cost of work or the extension of Contract time that has been covered by a change order or supplemental agreement. Charges against the Contract time will cease as of the date of final acceptance. c.When the Contract time is a specified completion date,it shall be the date on which all Contract work shall be substantially complete. If the Contractor finds it impossible for reasons beyond his or her control to complete the work within the Contract time as specified, or as extended in accordance with the provisions of this subsection,the Contractor may,at any time prior to the expiration of the Contract time as extended,make a written request to the Owner for an extension of time setting forth the reasons which the Contractor believes will justify the granting of his or 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 what could normally be expected during the Contract period. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the supporting documentation justify the work was delayed because of conditions beyond the control and without the fault of the Contractor,the Owner may extend the time for completion by a change order that Contract for Rehab of Air Carrier&General Aviation Apron Page 80 of 158 adjusts the Contract time or completion date. The extended time for completion shall then be in full force and effect,the same as though it were the original time for completion. 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 80-07 titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section)the sum specified in the Contract and bid as liquidated damages will be deducted from any money due or to become due the Contractor or his or 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 their Contract. Work Liquidated Damages Allowed Construction Time Area Cost (Calendar Days) lA $1,500 per day 60 1B $1,500 per day 75 1C $1,500 per day 5 2 $1,500 per day 60 3 $1,500 per day 60 4 $1,500 per day 60 The maximum construction time allowed for Work Area lA shall be 60 calendar days. The maximum construction time allowed for Work Area 1B shall be 75 calendar days. The maximum construction time allowed for Work Area 1C shall be 5 calendar days. The maximum construction time allowed for Work Area 2 shall be 60 calendar days. The maximum construction time allowed for Work Area 3 shall be 60 calendar days. The maximum construction time allowed for Work Area 4 shall be 60 calendar days. The maximum construction time allowed for will be 375 calendar days. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended,will in no way operate as a wavier on the part of the Owner of any of its rights under the Contract. 80-09 Default and termination of Contract. The Contractor shall be considered in default of his or 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 and/or materials to assure completion of work in accordance with the terms of the Contract, or c. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or d.Discontinues the execution of the work, or e.Fails to resume work which has been discontinued within a reasonable time after notice to do so, or f.Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or g.Allows any final judgment to stand against the Contractor unsatisfied for a period of 10 days,or Page 81 of 158 Contract for Rehab of Air Carver&General Aviation Apron h.Makes an assignment for the benefit of creditors,or i.For any other cause whatsoever,fails to carry on the work in an acceptable manner. Should the Engineer consider the Contractor in default of the Contract for any reason above shall immediately give written notice to the Contractor and the Contractor's surety as to the considering the Contractor in default and the Owner's intentions to terminate the Contract. ' the Engineer If the Contractor or surety,within a period often(10)days after such notice,does not proceed reasonsefor therewith, then the Owner will, upon neglect, or default and the Contractor's failure to comply with such notice, have P ed in accordance P written notification from the Engineer of the facts of such delay, without violating the Contract, to take the execution of the work out of the hands of the Owner mayappropriate full power and authority ppro riate 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 Contractor. The the terms and provisions thereof,or use such other methods as in the opinion of the Engineer for the completion of said Contract in an acceptable manner. Contract according to All costs and charges incurred by the Owner,together with the cost of completingthe w will be required 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 liable and shall pay to the Owner the amount of such excess. Dense exceeds 80-10 Termination for national emergencies. The Owner shall terminate the Contract or surety shall be by Witten notice when the Contractor is prevented from proceeding with the construction direct result of an Executive Order of the President with respect to the execution of war or inportion thereof national defense. Contract as a When the Contract, or any the interest of portion thereof, is terminated before completion of all items of work in the Contract,payment will be made for the actual number of units or items of work completed price or as mutually agreed for items of work partially completed or not started. No claims anticipated profits shall be considered. P d at the Contract Reimbursement for organization of the work,and other overhead expenses ani or loss of in the Contract) and moving equipment and materials to and from the job will be considered, being that an equitable settlement will bet � (when not otherwise included e Contractor. Acceptable materials obtained or ordered bythe Contractor for the work and that the intent the work shall,at the option of the Contractor,be purchased from the Contractor at actual receipted bills and actual cost records at such points of delivery as may be designatedare not incorporated in Termination of the Contract or a portion thereof shall neither relieve the Contractor st as shown by responsibilities for the completed work nor shall it relieve his or her surety by the Engineer. concerningesponsanyor of his or her just claim arising out of the work performed of its obligation for and 80-11 Work area,storage area and sequence of operations. The Contractor shall obtain the Engineer prior to beginning any work in all areas of the airport. No operating approval operations area(AOA)shall be crossed,entered, or obstructed while it is operational. The Contractor from plan and coordinate his or her work in such a manner as to ensure safetyandg runway, taxiway, or air flight operations. All Contractor equipment and material stockpiles shall be stored a mini tractor shall from the centerline of an active runway.No equipment will be allowed t a minimum of hindrance to an active runway at any time.No equipment shall be within 250 feet of an active runwayam am or e. feet o park within the approach area of any time. END OF SECTION 80 Contract for Rehab of Air Carrier&General Aviation Apron Page 82 of 158 SECTION 90 MEASUREMENT AND PAYMENT 90-01 Measurement of quantities.All work completed under the Contract will be measured by the Engineer, or his or 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 meters)or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the 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 inch. The term"ton"will mean the short ton consisting of 2,000 lb. (907 km)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 for the materials hauled,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(kg). When measured by volume, such volumes will be measured at 60°F(16°C) or will be corrected to the volume at 60°F(16°C) using ASTM D1250 for asphalts or ASTM D633 for tars. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor,wasted, or otherwise not incorporated in the work. When bituminous materials are shipped by truck or transport,net certified weights by volume,subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton(kg)or hundredweight(km). Contract for Rehab of Air Carrier&General Aviation Apron Page 83 of 158 Timber will be measured by the thousand feet board measure(MFBM)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 90-05 titled PAYMENT FOR EXTRA 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 gauge,unit weight, section dimensions, etc.,such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications,manufacturing tolerances established by the industries involved will be accepted. Scales 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 1/2%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% of the nominal rated capacity of the scale, but not less than 1 pound(454 grams). The use of spring balances will not be permitted. Beams, dials,platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them. Scale installations shall have available ten standard 50-pound(2.3 km)weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site.Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales"overweighing"(indicating more than correct weight)will not be permitted to operate,and all materials received subsequent to the last previous correct weighting-accuracy test will be reduced by the percentage of error in excess of one-half of 1%. 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 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 Page 84 of 158 Contract for Rehab of Air Carrier&General Aviation Apron complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the execution thereof, subject to the provisions of the subsection 70-18 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 40-02 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 or 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 40-03 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 non-perform 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 work.Extra work,performed in accordance with the subsection 40-04 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. 90-06 Partial payments. Partial payments will be made to the Contractor at least once each month as the work progresses. Said payments will be based upon estimates,prepared by the Engineer,of the value of the work performed and materials complete and in place, in accordance with the Contract,Plans,and Specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection 90-07 titled PAYMENT FOR MATERIALS ON HAND of this section.No partial payment will be made when the amount due to the Contractor since the last estimate amounts to less than five hundred dollars. The Contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than 30 days after the Contractor has received a partial payment. The Owner must ensure prompt and full payment of retainage from the prime Contractor to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed. A subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Owner. When the Owner has made an incremental acceptance of a portion of a prime Contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. Contract for Rehab of Air Carrier&General Aviation Apron Page 85 of 158 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 90-08 titled PAYMENT OF WITHHELD FUNDS of this section. The balance 90%of the amount payable, less all previous payments,shall be certified for payment. Should the Contractor exercise his or her option, as provided in the subsection 90-08 titled PAYMENT OF WITHHELD FUNDS of this section, no such percent retainage shall be deducted. When at least 95%of the work has been completed,the Engineer shall,at the Owner's discretion and with the consent of the surety, prepare estimates of both the Contract value and the cost of the remaining work to be done. The Owner may retain an amount not 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 bid 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 90-09 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 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,Plans,and Specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the Owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: a. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. b. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. c. The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. d.The Contractor has furnished the Owner legal title(free of liens or encumbrances of any kind)to the material so stored or stockpiled. e.The Contractor has furnished the Owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the work. It is understood and agreed that the transfer of title and the Owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his or 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. Contract for Rehab of Air Carrier&General Aviation Apron Page 86 of 158 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, if an Owner withholds retainage in accordance with the methods described in subsection 90-06 PARTIAL PAYMENTS, the Contractor may request that the Owner deposit the retainage into an escrow account. The Owner's deposit of retainage into an escrow account is subject to the 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 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 50-15 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 the Contractor's objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the Contract as amended by change order or supplemental agreement. The Contractor and the 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 50-16 titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, and after the Engineer's receipt of the project closeout documentation required in subsection 90-11 Project Closeout, 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 50- 16 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. 90-10 Construction warranty. a. In addition to any other warranties in this Contract, the Contractor warrants that work performed under this Contract conforms to the Contract requirements and is free of any defect in equipment, material, workmanship, or design furnished, or performed by the Contractor or any subcontractor or supplier at any tier. b.This warranty shall continue for a period of one year from the date of final acceptance of the work. If the Owner takes possession of any part of the work before final acceptance,this warranty shall continue Contract for Rehab of Air Carrier&General Aviation Apron Page 87 of 158 for a period of one year from the date the Owner takes possession. However, this will not relieve the Contractor from corrective items required by the final acceptance of the project work. c. The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Owner real or personal property, when that damage is the result of: (1) The Contractor's failure to conform to Contract requirements;or (2)Any defect of equipment,material, workmanship, or design furnished by the Contractor. d. The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for one year from the date of repair or replacement. e. The Owner will notify the Contractor, in writing, within seven (7) days after the discovery of any failure, defect, or damage. f.If the Contractor fails to remedy any failure,defect,or damage within fourteen(14)days after receipt of notice, the Owner shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. g. With respect to all warranties, express or implied, from subcontractors,manufacturers, or suppliers for work performed and materials furnished under this Contract, the Contractor shall: (1) Obtain all warranties that would be given in normal commercial practice;(2)Require all warranties to be executed,in writing,for the benefit of the Owner,as directed by the Owner,and(3)Enforce all warranties for the benefit of the Owner. h. This warranty shall not limit the Owner's rights with respect to latent defects, gross mistakes, or fraud. 90-11 Project closeout.Approval of final payment to the Contractor is contingent upon completion and submittal of the items listed below. The final payment will not be approved until the Engineer approves the Contractor's final submittal. The Contractor shall: a.Provide two(2)copies of all manufacturers warranties specified for materials,equipment,and installations. b.Provide weekly payroll records(not previously received)from the general Contractor and all subcontractors. c.Complete final cleanup in accordance with subsection 40-08,FINAL CLEANUP. d. Complete all punch list items identified during the Final Inspection. e.Provide complete release of all claims for labor and material arising out of the Contract. f.Provide a certified statement signed by the subcontractors,indicating actual amounts paid to the Disadvantaged Business Enterprise(DBE)subcontractors and/or suppliers associated with the project. g.When applicable per state requirements,return copies of sales tax completion forms. h.Manufacturer's certifications for all items incorporated in the work. i.All required record drawings,as-built drawings or as-constructed drawings. j.Project Operation and Maintenance(O&M)Manual. k. Security for Construction Warranty. 1.Equipment commissioning documentation submitted, if required. END OF SECTION 90 Contract for Rehab of Air Carrier&General Aviation Apron Page 88 of 158 SECTION 100 CONTRACTOR QUALITY CONTROL PROGRAM 100-01 General.When the specification requires a Contractor Quality Control Program,the Contractor shall establish,provide,and maintain an effective Quality Control Program that details the methods and procedures that will be taken to assure that all materials and completed construction required by this Contract conform to Contract Plans, Technical Specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. Although guidelines are established, and certain minimum requirements are specified here and elsewhere in the Contract technical specifications,the Contractor shall assume full responsibility for accomplishing the stated purpose. The intent of this section is to enable the Contractor to establish a necessary level of control that will: a.Adequately provide for the production of acceptable quality materials. b. Provide sufficient information to assure both the Contractor and the Engineer that the specification requirements can be met. c.Allow the Contractor as much latitude as possible to develop his or her own standard of control. The Contractor shall be prepared to discuss and present, at the preconstruction conference,their understanding of the quality control requirements. The Contractor shall not begin any construction or production of materials to be incorporated into the completed work until the Quality Control Program has been reviewed and accepted by the Engineer.No partial payment will be made for materials subject to specific quality control requirements until the Quality Control Program has been reviewed. The quality control requirements contained in this section and elsewhere in the Contract technical specifications are in addition to and separate from the acceptance testing requirements. Acceptance testing requirements are the responsibility of the Engineer. Paving projects over$500,000 shall have a Quality Control(QC)/Quality Assurance(QA)workshop with the Engineer,Contractor,subcontractors,testing laboratories,and Owner's representative and the FAA prior to or at start of construction. The workshop shall address QC and QA requirements of the project specifications. The Contractor shall coordinate with the Airport and the Engineer on time and location of the QC/QA workshop. 100-02 Description of program. a. General description. The Contractor shall establish a Quality Control Program to perform quality control inspection and testing of all items of work required by the technical specifications,including those performed by subcontractors. This Quality Control Program shall ensure conformance to applicable specifications and plans with respect to materials, workmanship, construction, finish, and functional performance.The Quality Control Program shall be effective for control of all construction work performed under this Contract and shall specifically include surveillance and tests required by the technical specifications, in addition to other requirements of this section and any other activities deemed necessary by the Contractor to establish an effective level of quality control. b. Quality Control Program. The Contractor shall describe the Quality Control Program in a written document that shall be reviewed and approved by the Engineer prior to the start of any production, construction,or off-site fabrication. The written Quality Control Program shall be submitted to the Engineer for review and approval at least 14 calendar days before the preconstruction meeting. The Contractor's Quality Control Plan and Quality Control testing laboratory must be approved in writing by the Engineer prior to the Notice to Proceed(NTP). Contract for Rehab of Air Carrier&General Aviation Apron Page 89 of 158 The Quality Control Program shall be organized to address, as a minimum, the following items: a. Quality control organization b.Project progress schedule c. Submittals schedule d.Inspection requirements e. Quality control testing plan f.Documentation of quality control activities g.Requirements for corrective action when quality control and/or acceptance criteria are not met The Contractor is encouraged to add any additional elements to the Quality Control Program that is deemed necessary to adequately control all production and/or construction processes required by this Contract. 100-03 Quality control organization. The Contractor Quality Control Program shall be implemented by the establishment of a separate quality control organization. An organizational chart shall be developed to show all quality control personnel and how these personnel integrate with other management/production and construction functions and personnel. The organizational chart shall identify all quality control staff by name and function,and shall indicate the total staff required to implement all elements of the Quality Control Program, including inspection and testing for each item of work. If necessary,different technicians can be used for specific inspection and testing functions for different items of work.If an outside organization or independent testing laboratory is used for implementation of all or part of the Quality Control Program,the personnel assigned shall be subject to the qualification requirements of paragraph 100-03a and 100-03b. The organizational chart shall indicate which personnel are Contractor employees and which are provided by an outside organization. The quality control organization shall,as a minimum,consist of the following personnel: a. Program Administrator. The Program Administrator shall be a full-time employee of the Contractor,or a consultant engaged by the Contractor. The Program Administrator shall have a minimum of five (5) years of experience in airport and/or highway construction and shall have had prior quality control experience on a project of comparable size and scope as the Contract. Additional qualifications for the Program Administrator shall include at least one of the following requirements: (1)Professional Engineer with one(1)year of airport paving experience. (2)Engineer-in-training with two(2)years of airport paving experience. (3)An individual with three(3)years of highway and/or airport paving experience,with a Bachelor of Science Degree in Civil Engineering,Civil Engineering Technology or Construction. (4)Construction materials technician certified at Level III by the National Institute for Certification in Engineering Technologies(NICET). (5)Highway materials technician certified at Level III by NICET. (6)Highway construction technician certified at Level III by NICET. Page 90 of 158 Contract for Rehab of Air Carrier&General Aviation Apron (7)A NICET certified engineering technician in Civil Engineering Technology with five(5)years of highway and/or airport paving experience. The Program Administrator shall have full authority to institute any and all actions necessary for the successful implementation of the Quality Control Program to ensure compliance with the Contract plans and technical specifications. The Program Administrator shall report directly to a responsible officer of the construction firm. The Program Administrator may supervise the Quality Control Program on more than one project provided that person can be at the job site within two(2)hours after being notified of a problem. b. Quality control technicians. A sufficient number of quality control technicians necessary to adequately implement the Quality Control Program shall be provided. These personnel shall be either Engineers, engineering technicians, or experienced craftsman with qualifications in the appropriate field equivalent to NICET Level II or higher construction materials technician or highway construction technician and shall have a minimum of two(2)years of experience in their area of expertise. The quality control technicians shall report directly to the Program Administrator and shall perform the following functions: (1)Inspection of all materials,construction,plant,and equipment for conformance to the technical specifications,and as required by subsection 100-06. (2) Performance of all quality control tests as required by the technical specifications and subsection 100-07. (3)Performance of density tests for the Engineer when required by the technical specifications. Certification at an equivalent level,by a state or nationally recognized organization will be acceptable in lieu of NICET certification. c.Staffing levels.The Contractor shall provide sufficient qualified quality control personnel to monitor each work activity at all times.Where material is being produced in a plant for incorporation into the work, separate plant and field technicians shall be provided at each plant and field placement location. The scheduling and coordinating of all inspection and testing must match the type and pace of work activity. The Quality Control Program shall state where different technicians will be required for different work elements. 100-04 Project progress schedule. The Contractor shall submit a coordinated construction schedule for all work activities. The schedule shall be prepared as a network diagram in Critical Path Method(CPM), Program Evaluation and Review Technique(PERT), or other format, or as otherwise specified in the Contract.As a minimum, it shall provide information on the sequence of work activities,milestone dates, and activity duration. The Contractor shall maintain the work schedule and provide an update and analysis of the progress schedule on a twice monthly basis,or as otherwise specified in the Contract. Submission of the work schedule shall not relieve the Contractor of overall responsibility for scheduling, sequencing,and coordinating all work to comply with the requirements of the Contract. 100-05 Submittals schedule. The Contractor shall submit a detailed listing of all submittals(for example, mix designs, material certifications)and shop drawings required by the technical specifications. The listing can be developed in a spreadsheet format and shall include: a. Specification item number b.Item description Page 91 of 158 Contract for Rehab of Air Carrier&General Aviation Apron c.Description of submittal d. Specification paragraph requiring submittal e. Scheduled date of submittal 100-06 Inspection requirements.Quality control inspection functions shall be organized to provide inspections for all definable features of work,as detailed below.All inspections shall be documented by the Contractor as specified by subsection 100-07. Inspections shall be performed daily to ensure continuing compliance with Contract requirements until completion of the particular feature of work. These shall include the following minimum requirements: a. During plant operation for material production, quality control test results and periodic inspections shall be used to ensure the quality of aggregates and other mix components, and to adjust and control mix proportioning to meet the approved mix design and other requirements of the technical specifications. All equipment used in proportioning and mixing shall be inspected to ensure its proper operating condition. The Quality Control Program shall detail how these, and other quality control functions will be accomplished and used. b. During field operations, quality control test results and periodic inspections shall be used to ensure the quality of all materials and workmanship. All equipment used in placing, finishing, and compacting shall be inspected to ensure its proper operating condition and to ensure that all such operations are in conformance to the technical specifications and are within the plan dimensions,lines,grades,and tolerances specified.The Program shall document how these,and other quality control functions will be accomplished and used. 100-07 Quality control testing plan.As a part of the overall Quality Control Program,the Contractor shall implement a quality control testing plan,as required by the technical specifications. The testing plan shall include the minimum tests and test frequencies required by each technical specification Item, as well as any additional quality control tests that the Contractor deems necessary to adequately control production and/or construction processes. The testing plan can be developed in a spreadsheet fashion and shall,as a minimum,include the following: a. Specification item number(for example,P-401) b.Item description(for example,Plant Mix Bituminous Pavements) c.Test type(for example, gradation,grade,asphalt content) d. Test standard(for example, ASTM or American Association of State Highway and Transportation Officials(AASHTO)test number,as applicable) e. Test frequency (for example, as required by technical specifications or minimum frequency when requirements are not stated) f.Responsibility(for example,plant technician) g. Control requirements(for example,target,permissible deviations) The testing plan shall contain a statistically-based procedure of random sampling for acquiring test samples in accordance with ASTM D3665. The Engineer shall be provided the opportunity to witness quality control sampling and testing. All quality control test results shall be documented by the Contractor as required by subsection 100-08. Contract for Rehab of Air Carrier&General Aviation Apron Page 92 of 158 100-08 Documentation. The Contractor shall maintain current quality control records and tests performed. These records shall include factual evidence that the required inspections have been performed, includingtypeof all inspections tests;nature of defects, deviations, causes for rejection, etc.;proposed remedial P tions or testse and number of inspections or tests involved;results of inspections or actions taken. action; and corrective These records must cover both conforming and defective or deficient features,and must statement that all supplies and materials incorporated in the work are in full compliance with the Contract. Legible copies of these records shall be furnished to the Engineer daily. include a cover all work placed subsequent to the previously the terms of the Contractor' Program Administrator. The records shall p y furnished records and shall be verified and signed by Specific Contractor quality control records required for the Contract shall include, but limited to,the following records: are not necessarily a. Daily inspection reports. Each Contractor quality control technician shall maintain a daily log of all inspections performed for both Contractor and subcontractor operations.These technician's shall provide factual evidence that continuous quality control inspections have been as a minimum, include the following: mcian's daily reports performed and shall, (1) Technical specification item number and description (2) Compliance with approved submittals (3)Proper storage of materials and equipment (4)Proper operation of all equipment (5)Adherence to plans and technical specifications (6)Review of quality control tests (7)Safety inspection. The daily inspection reports shall identify inspections conducted,results of inspections, nature of defects found,causes for rejection,and remedial or corrective actions taken or The daily inspection reports shall be signed by the responsible p s, location and TheAddaily The oshall signed least one copydaily proptheP quality each rol techniciannsptoand the theheram work day following the day of record. of inspection report on b.Daily test reports. The Contractor shall be responsible for establishing a system that will record all quality control test results.Daily test reports shall document the following information: Y (1) Technical specification item number and description (2) Test designation (3)Location (4)Date of test (5)Control requirements (6)Test results (7)Causes for rejection (8)Recommended remedial actions (9)Retests Test results from each day's work period shall be submitted to the Engineer prior to the start of the next day's work period. When required by the technical specifications,the Contractor shall maintain statistical Contract for Rehab of Air Carrier&General Aviation Apron Page 93 of 158 quality control charts. The daily test reports shall be signed by the responsible quality control technician and the Program Administrator. 100-09 Corrective action requirements.The Quality Control Program shall indicate the appropriate action to be taken when a process is deemed, or believed,to be out of control(out of tolerance)and detail what action will be taken to bring the process into control. The requirements for corrective action shall include both general requirements for operation of the Quality Control Program as a whole,and for individual items of work contained in the technical specifications. The Quality Control Program shall detail how the results of quality control inspections and tests will be used for determining the need for corrective action and shall contain clear sets of rules to gauge when a process is out of control and the type of correction to be taken to regain process control. When applicable or required by the technical specifications,the Contractor shall establish and use statistical quality control charts for individual quality control tests. The requirements for corrective action shall be linked to the control charts. 100-10 Surveillance by the Engineer.All items of material and equipment shall be subject to surveillance by the Engineer at the point of production, manufacture or shipment to determine if the Contractor,producer,manufacturer or shipper maintains an adequate quality control system in conformance with the requirements detailed here and the applicable technical specifications and plans. In addition,all items of materials, equipment and work in place shall be subject to surveillance by the Engineer at the site for the same purpose. Surveillance by the Engineer does not relieve the Contractor of performing quality control inspections of either on-site or off-site Contractor's or subcontractor's work. 100-11 Noncompliance. a. The Engineer will notify the Contractor of any noncompliance with any of the foregoing requirements. The Contractor shall, after receipt of such notice, immediately take corrective action. Any notice, when delivered by the Engineer or his or her authorized representative to the Contractor or his or her authorized representative at the site of the work, shall be considered sufficient notice. b. In cases where quality control activities do not comply with either the Contractor Quality Control Program or the Contract provisions, or where the Contractor fails to properly operate and maintain an effective Quality Control Program,as determined by the Engineer,the Engineer may: (1) Order the Contractor to replace ineffective or unqualified quality control personnel or subcontractors. (2)Order the Contractor to stop operations until appropriate corrective actions are taken. END OF SECTION 100 Contract for Rehab of Air Carrier&General Aviation Apron Page 94 of 158 SECTION 105 MOBILIZATION 105-1 Description. This item shall consist of work and operations,but is not limited to,work and operations necessary for the movement of personnel, equipment,material and supplies to and from the project site for work on the project except as provided in the Contract as separate pay items. 105-1.1 Posted notices.Prior to commencement of construction activities the Contractor must post the following documents in a prominent and accessible place where they may be easily viewed by all employees of the prime Contractor and by all employees of subcontractors engaged by the prime Contractor:Equal Employment Opportunity(EEO)Poster"Equal Employment Opportunity is the Law" in accordance with the Office of Federal Contract Compliance Programs Executive Order 11246,as amended;Davis Bacon Wage Poster(WH 1321)-DOL"Notice to All Employees"Poster;and Applicable Davis-Bacon Wage Rate Determination. These notices must remain posted until final acceptance of the work by the Owner. 105-2 Basis of measurement and payment.Based upon the Contract lump sum price for"Mobilization" partial payments will be allowed as follows: a. With first pay request,25%. b.When 25%or more of the original Contract is earned, an additional 25%. c.When 50%or more of the original Contract is earned,an additional 40%. d.After Final Inspection, Staging area clean-up and delivery of all Project Closeout materials as required by 90-11,the final 10%. END OF SECTION 105 SECTION 110 METHOD OF ESTIMATING PERCENTAGE OF MATERIAL WITHIN SPECIFICATION LIMITS (PWL) 110-01 General.When the specifications provide for acceptance of material based on the method of estimating percentage of material within specification limits(PWL),the PWL will be determined in accordance with this section. All test results for a lot will be analyzed statistically to determine the total estimated percent of the lot that is within specification limits. The PWL is computed using the sample average(X)and sample standard deviation(Se) of the specified number(n) of sublots for the lot and the specification tolerance limits,L for lower and U for upper,for the particular acceptance parameter.From these values,the respective Quality index, QL for Lower Quality Index and/or Qu for Upper Quality Index,is computed and the PWL for the lot for the specified n is determined from Table 1.All specification limits specified in the technical sections shall be absolute values. Test results used in the calculations shall be to the significant figure given in the test procedure. There is some degree of uncertainty(risk)in the measurement for acceptance because only a small fraction of production material (the population)is sampled and tested. This uncertainty exists because all portions of the production material have the same probability to be randomly sampled. The Contractor's risk is the probability that material produced at the acceptable quality level is rejected or subjected to a Contract for Rehab of Air Carrier&General Aviation Apron Page 95 of 158 pay adjustment. The Owner's risk is the probability that material produced at the rejectable quality level is accepted. It is the intent of this section to inform the Contractor that, in order to consistently offset the Contractor's risk for material evaluated,production quality(using population average and population standard deviation)must be maintained at the acceptable quality specified or higher.In all cases,it is the responsibility of the Contractor to produce at quality levels that will meet the specified acceptance criteria when sampled and tested at the frequencies specified. 110-02 Method for computing PWL. The computational sequence for computing PWL is as follows: a.Divide the lot into n sublots in accordance with the acceptance requirements of the specification. b. Locate the random sampling position within the sublot in accordance with the requirements of the specification. c. Make a measurement at each location, or take a test portion and make the measurement on the test portion in accordance with the testing requirements of the specification. d.Find the sample average(X)for all sublot values within the lot by using the following formula: X=(xi +x2+x3+. . .xo)/n Where: X=Sample average of all sublot values within a lot xi,x2=Individual sublot values n=Number of sublots e.Find the sample standard deviation(S„)by use of the following formula: So= [ow+d22+d32+...do2)/(n-1)]1/2 Where: S.=Sample standard deviation of the number of sublot values in the set di, d2=Deviations of the individual sublot values xi,x2, ... from the average value X that is: di =(xi -X),d2=(x2-X) ... dn=(xn-X) n=Number of sublots f.For single sided specification limits(that is, L only),compute the Lower Quality Index QL by use of the following formula: QL=(X-L)/S, Where: L=specification lower tolerance limit Estimate the percentage of material within limits (PWL) by entering Table 1 with QL, using the column appropriate to the total number(n)of measurements. If the value of QL falls between values shown on the table,use the next higher value of PWL. g. For double-sided specification limits(that is, L and U), compute the Quality Indexes QL and Qu by use of the following formulas: Page 96 of 158 Contract for Rehab of Air Carrier&General Aviation Apron QL=(X-L)/Sn and Qu=(U-X)/So Where: L and U=specification lower and upper tolerance limits Estimate the percentage of material between the lower(L) and upper(U) tolerance limits (PWL) by entering Table 1 separately with QL and Qu, using the column appropriate to the total number (n) of measurements,and determining the percent of material above PL and percent of material below Pu for each tolerance limit. If the values of QL fall between values shown on the table, use the next higher value of PL or Pu.Determine the PWL by use of the following formula: PWL=(Pu+PL)- 100 Where: PL=percent within lower specification limit Pu=percent within upper specification limit EXAMPLE OF PWL CALCULATION Project: Example Project Test Item: Item P-401,Lot A. A.PWL Determination for Mat Density. 1. Density of four random cores taken from Lot A. A-1 =96.60 A-2=97.55 A-3 =99.30 A-4=98.35 n=4 2. Calculate average density for the lot. X=(x, +x2+x3+. . .x„)/n X=(96.60+97.55+99.30+98.35)/4 X=97.95%density 3.Calculate the standard deviation for the lot. S„= [((96.60-97.95)2+(97.55 - 97.95)2+(99.30-97.95)2+(98.35 -97.95)2))/(4- 1)]''2 Sn= [(1.82+0.16+ 1.82+0.16)/3]'12 Sn= 1.15 4.Calculate the Lower Quality Index QL for the lot. (L=96.3) QL=(X-L)/Sn QL=(97.95 -96.30)/ 1.15 QL= 1.4348 5.Determine PWL by entering Table 1 with QL= 1.44 and n=4. Page 97 of 158 Contract for Rehab of Air Carrier&General Aviation Apron PWL=98 B.PWL Determination for Air Voids. 1.Air Voids of four random samples taken from Lot A. A-1 =5.00 A-2=3.74 A-3 =2.30 A-4=3.25 2.Calculate the average air voids for the lot. X=(xi +x2+x3 . . .n)/n X=(5.00+3.74+2.30+3.25)/4 X=3.57% 3.Calculate the standard deviation S„ for the lot. S„= [((3.57-5.00)2+(3.57-3.74)2+(3.57-2.30)2+(3.57 -3.25)2)/(4- 1)11/2 S„= [(2.04+0.03+ 1.62+0.10)/3]12 Sn= 1.12 4. Calculate the Lower Quality Index QL for the lot. (L=2.0) QL=(X-L)/S„ QL=(3.57-2.00)/ 1.12 QL= 1.3992 5.Determine PL by entering Table 1 with QL= 1.41 and n=4. PL=97 6. Calculate the Upper Quality Index Qu for the lot. (U=5.0) Qu=(U-X)/Sn Qu=(5.00-3.57)/ 1.12 Qu= 1.2702 7.Determine Pu by entering Table 1 with Qu= 1.29 and n=4. Pu=93 8. Calculate Air Voids PWL PWL=(PL+Pu)- 100 PWL=(97+93)- 100=90 EXAMPLE OF OUTLIER CALCULATION(REFERENCE ASTM E178) Project: Example Project Test Item: Item P-401,Lot A. A. Outlier Determination for Mat Density. Page 98 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 1.Density of four random cores taken from Lot A arranged in descending order. A-3 =99.30 A-4=98.35 A-2=97.55 A-1 =96.60 2.Use n=4 and upper 5%significance level of to find the critical value for test criterion= 1.463. 3.Use average density,standard deviation,and test criterion value to evaluate density measurements. a.For measurements greater than the average: If(measurement-average)/(standard deviation)is less than test criterion, then the measurement is not considered an outlier For A-3,check if(99.30-97.95)/ 1.15 is greater than 1.463. Since 1.174 is less than 1.463,the value is not an outlier. b.For measurements less than the average: If(average-measurement)/(standard deviation)is less than test criterion, then the measurement is not considered an outlier. For A-1, check if(97.95 - 96.60)/ 1.15 is greater than 1.463. Since 1.435 is less than 1.463,the value is not an outlier. Note: In this example, a measurement would be considered an outlier if the density were: Greater than(97.95+ 1.463 x 1.15)=99.63% OR less than(97.95 - 1.463 x 1.15)=96.27%. Page 99 of 158 Contract for Rehab of Air Carrier&General Aviation Apron Table 1. Table for Estimating Percent of Lot Within Limits(PWL) Contract for Rehab of Air Carrier&General Aviation Apron Page 100 of 158 Percent Within Positive Values of Q(QL and Qu) Limits (PL and Pu) n=3 n=4 n=5 n=6 n=7 n=8 n=9 n=10 99 1.1541 1.4700 1.6714 1.8008 1.8888 1.9520 1.9994 2.0362 98 1.1524 1.4400 1.6016 1.6982 1.7612 1.8053 1.8379 1.8630 97 1.1496 1.4100 1.5427 1.6181 1.6661 1.6993 1.7235 1.7420 96 1.1456 1.3800 1.4897 1.5497 1.5871 1.6127 1.6313 1.6454 95 1.1405 1.3500 1.4407 1.4887 1.5181 1.5381 1.5525 1.5635 94 1.1342 1.3200 1.3946 1.4329 1.4561 1.4717 1.4829 1.4914 93 1.1269 1.2900 1.3508 1.3810 1.3991 1.4112 1.4199 1.4265 92 1.1184 1.2600 1.3088 1.3323 1.3461 1.3554 1.3620 1.3670 91 1.1089 1.2300 1.2683 1.2860 1.2964 1.3032 1.3081 1.3118 90 1.0982 1.2000 1.2290 1.2419 1.2492 1.2541 1.2576 1.2602 89 1.0864 1.1700 1.1909 1.1995 1.2043 1.2075 1.2098 1.2115 88 1.0736 1.1400 1.1537 1.1587 1.1613 1.1630 1.1643 1.1653 87 1.0597 1.1100 1.1173 1.1192 1.1199 1.1204 1.1208 1.1212 86 1.0448 1.0800 1.0817 1.0808 1.0800 1.0794 1.0791 1.0789 85 1.0288 1.0500 1.0467 1.0435 1.0413 1.0399 1.0389 1.0382 84 1.0119 1.0200 1.0]24 1.0071 1.0037 1.0015 1.0000 0.9990 83 0.9939 0.9900 0.9785 0.9715 0.9671 0.9643 0.9624 0.9610 82 0.9749 0.9600 0.9452 0.9367 0.9315 0.9281 0.9258 0.9241 81 0.9550 0.9300 0.9123 0.9025 0.8966 0.8928 0.8901 0.8882 80 0.9342 0.9000 0.8799 0.8690 0.8625 0.8583 0.8554 0.8533 79 0.9124 0.8700 0.8478 0.8360 0.8291 0.8245 0.8214 0.8192 78 0.8897 0.8400 0.8160 0.8036 0.7962 0.7915 0.7882 0.7858 77 0.8662 0.8100 0.7846 0.7716 0.7640 0.7590 0.7556 0.7531 76 0.8417 0.7800 0.7535 0.7401 0.7322 0.7271 0.7236 0.7211 75 0.8165 0.7500 0.7226 0.7089 0.7009 0.6958 0.6922 0.6896 74 0.7904 0.7200 0.6921 0.6781 0.6701 0.6649 0.6613 0.6587 73 0.7636 0.6900 0.6617 0.6477 0.6396 0.6344 0.6308 0.6282 72 0.7360 0.6600 0.6316 0.6176 0.6095 0.6044 0.6008 0.5982 71 0.7077 0.6300 0.6016 0.5878 0.5798 0.5747 0.5712 0.5686 70 0.6787 0.6000 0.5719 0.5582 0.5504 0.5454 0.5419 0.5394 69 0.6490 0.5700 0.5423 0.5290 0.5213 0.5164 0.5130 0.5105 68 0.6187 0.5400 0.5129 0.4999 0.4924 0.4877 0.4844 0.4820 67 0.5878 0.5100 0.4836 0.4710 0.4638 0.4592 0.4560 0.4537 66 0.5563 0.4800 0.4545 0.4424 0.4355 0.4310 0.4280 0.4257 65 0.5242 0.4500 0.4255 0.4139 0.4073 0.4030 0.4001 0.3980 64 0.4916 0.4200 0.3967 0.3856 0.3793 0.3753 0.3725 0.3705 63 0.4586 0.3900 0.3679 0.3575 0.3515 0.3477 0.3451 0.3432 62 0.4251 0.3600 0.3392 0.3295 0.3239 0.3203 0.3179 0.3161 61 0.3911 0.3300 0.3107 0.3016 0.2964 0.2931 0.2908 0.2892 60 0.3568 0.3000 0.2822 0.2738 0.2691 0.2660 0.2639 0.2624 59 0.3222 0.2700 0.2537 0.2461 0.2418 0.2391 0.2372 0.2358 58 0.2872 0.2400 0.2254 0.2186 0.2147 0.2122 0.2105 0.2093 57 0.2519 0.2100 0.1971 0.1911 0.1877 0.1855 0.1840 0.1829 56 0.2164 0.1800 0.1688 0.1636 0.1607 0.1588 0.1575 0.1566 55 0.1806 0.1500 0.1406 0.1363 0.1338 0.1322 0.1312 0.1304 54 0.1447 0.1200 0.1125 0.1090 0.1070 0.1057 0.1049 0.1042 53 0.1087 0.0900 0.0843 0.0817 0.0802 0.0793 0.0786 0.0781 52 0.0725 0.0600 0.0562 0.0544 0.0534 0.0528 0.0524 0.0521 51 0.0363 0.0300 0.0281 0.0272 0.0267 0.0264 0.0262 0.0260 50 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Contract for Rehab of Air Carrier&General Aviation Apron Page 101 of 158 Percent Negative Values of Q(QL and Qu) Within Limits (PL and Pu) n=3 n=4 n=5 n=6 n=7 n=8 n=9 n=10 49 -0.0363 -0.0300 -0.0281 -0.0272 -0.0267 -0.0264 -0.0262 -0.0260 48 -0.0725 -0.0600 -0.0562 -0.0544 -0.0534 -0.0528 -0.0524 -0.0521 47 -0.1087 -0.0900 -0.0843 -0.0817 -0.0802 -0.0793 -0.0786 -0.0781 46 -0.1447 -0.1200 -0.1125 -0.1090 -0.1070 -0.1057 -0.1049 -0.1042 45 -0.1806 -0.1500 -0.1406 -0.1363 -0.1338 -0.1322 -0.1312 -0.1304 44 -0.2164 -0.1800 -0.1688 -0.1636 -0.1607 -0.1588 -0.1575 -0.1566 43 -0.2519 -0.2100 -0.1971 -0.1911 -0.1877 -0.1855 -0.1840 -0.1829 42 -0.2872 -0.2400 -0.2254 -0.2186 -0.2147 -0.2122 -0.2105 -0.2093 41 -0.3222 -0.2700 -0.2537 -0.2461 -0.2418 -0.2391 -0.2372 -0.2358 40 -0.3568 -0.3000 -0.2822 -0.2738 -0.2691 -0.2660 -0.2639 -0.2624 39 -0.3911 -0.3300 -0.3107 -0.3016 -0.2964 -0.2931 -0.2908 -0.2892 38 -0.4251 -0.3600 -0.3392 -0.3295 -0.3239 -0.3203 -0.3179 -0.3161 37 -0.4586 -0.3900 -0.3679 -0.3575 -0.3515 -0.3477 -0.3451 -0.3432 36 -0.4916 -0.4200 -0.3967 -0.3856 -0.3793 -0.3753 -0.3725 -0.3705 35 -0.5242 -0.4500 -0.4255 -0.4139 -0.4073 -0.4030 -0.4001 -0.3980 34 -0.5563 -0.4800 -0.4545 -0.4424 -0.4355 -0.4310 -0.4280 -0.4257 33 -0.5878 -0.5100 -0.4836 -0.4710 -0.4638 -0.4592 -0.4560 -0.4537 32 -0.6187 -0.5400 -0.5129 -0.4999 -0.4924 -0.4877 -0.4844 -0.4820 31 -0.6490 -0.5700 -0.5423 -0.5290 -0.5213 -0.5164 -0.5130 -0.5105 30 -0.6787 -0.6000 -0.5719 -0.5582 -0.5504 -0.5454 -0.5419 -0.5394 29 -0.7077 -0.6300 -0.6016 -0.5878 -0.5798 -0.5747 -0.5712 -0.5686 28 -0.7360 -0.6600 -0.6316 -0.6176 -0.6095 -0.6044 -0.6008 -0.5982 27 -0.7636 -0.6900 -0.6617 -0.6477 -0.6396 -0.6344 -0.6308 -0.6282 26 -0.7904 -0.7200 -0.6921 -0.6781 -0.6701 -0.6649 -0.6613 -0.6587 25 -0.8165 -0.7500 -0.7226 -0.7089 -0.7009 -0.6958 -0.6922 -0.6896 24 -0.8417 -0.7800 -0.7535 -0.7401 -0.7322 -0.7271 -0.7236 -0.7211 23 -0.8662 -0.8100 -0.7846 -0.7716 -0.7640 -0.7590 -0.7556 -0.7531 22 -0.8897 -0.8400 -0.8160 -0.8036 -0.7962 -0.7915 -0.7882 -0.7858 21 -0.9124 -0.8700 -0.8478 -0.8360 -0.8291 -0.8245 -0.8214 -0.8192 20 -0.9342 -0.9000 -0.8799 -0.8690 -0.8625 -0.8583 -0.8554 -0.8533 19 -0.9550 -0.9300 -0.9123 -0.9025 -0.8966 -0.8928 -0.8901 -0.8882 18 -0.9749 -0.9600 -0.9452 -0.9367 -0.9315 -0.9281 -0.9258 -0.9241 17 -0.9939 -0.9900 -0.9785 -0.9715 -0.9671 -0.9643 -0.9624 -0.9610 16 -1.0119 -1.0200 -1.0124 -1.0071 -1.0037 -1.0015 -1.0000 -0.9990 15 -1.0288 -1.0500 -1.0467 -1.0435 -1.0413 -1.0399 -1.0389 -1.0382 14 -1.0448 -1.0800 -1.0817 -1.0808 -1.0800 -1.0794 -1.0791 -1.0789 13 -1.0597 -1.1100 -1.1173 -1.1192 -1.1199 -1.1204 -1.1208 -1.1212 12 -1.0736 -1.1400 -1.1537 -1.1587 -1.1613 -1.1630 -1.1643 -1.1653 11 -1.0864 -1.1700 -1.1909 -1.1995 -1.2043 -1.2075 -1.2098 -1.2115 10 -1.0982 -1.2000 -1.2290 -1.2419 -1.2492 -1.2541 -1.2576 -1.2602 9 -1.1089 -1.2300 -1.2683 -1.2860 -1.2964 -1.3032 -1.3081 -1.3118 8 -1.1184 -1.2600 -1.3088 -1.3323 -1.3461 -1,3554 -1.3620 -1.3670 7 -1.1269 -1.2900 -1.3508 -1.3810 -1.3991 -1.4112 -1.4199 -1.4265 6 -1.1342 -1.3200 -1.3946 -1.4329 -1.4561 -1.4717 -1.4829 -1.4914 5 -1.1405 -1.3500 -1.4407 -1.4887 -1.5181 -1.5381 -1.5525 -1.5635 4 -1.1456 -1.3800 -1.4897 -1.5497 -1.5871 -1.6127 -1.6313 -1.6454 3 -1.1496 -1.4100 -1.5427 -1.6181 -1.6661 -1.6993 -1.7235 -1.7420 2 -1.1524 -1.4400 -1.6016 -1.6982 -1.7612 -1.8053 -1.8379 -1.8630 1 -1.1541 -1.4700 -1.6714 -1.8008 -1.8888 -1.9520 -1.9994 -2.0362 END OF SECTION 110 Contract for Rehab of Air Carrier&General Aviation Apron Page 102 of 158 SUPPLEMENTAL PROVISIONS AIRPORT SAFETY AND SECURITY REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. The Contractor shall carry out its operations in a manner that will cause a minimum of interference with air traffic, and shall be required to cooperate with the Federal Aviation Administration (FAA), the Airport, Airport tenants and users, and other contractors working in the area. All work shall be completed in accordance with the Contract Documents including FAA Advisory Circular 150/5370-2G, Operational Safety on Airports During Construction or current edition as of bid date. B. The Contractor shall supply, place, maintain, move and store the items listed herein, as appropriate,to facilitate construction and protect air traffic. The Contractor shall maintain an adequate extra supply of these items on site. C. These provisions are to enhance the existing language listed in the General Terms & Conditions. All or parts of the contents will apply to the Contractor's contract depending upon the sequence in which the phases are conducted. D. The Airport has the right to monitor the Contractors' operations for safety performance, workmanship, protection of operations, work progress, housekeeping, and compliance to design specifications(Contractor shall still be responsible for assuring safe work practices). It is a general practice that the Airport will work through the Contractor's supervision and not directly with the employee. The Airport has the right to participate with and investigate any accident or incident. E. Contractor shall develop and implement a system for assessing appropriate requirements applicable to its employees, including removal from Airport property, for violation of safety laws statutes, codes, ordinances and regulations, safety requirements specified by the Contract,including,without limitation,any other condition that presents a safety hazard to the employee or others. Contractor shall prepare and maintain a detailed written report of each instance where it has assessed discipline for a safety related infraction including identification of the employee,the nature of the infraction and the discipline assessed. F. Contractor shall be required to develop,at a minimum,a comprehensive post accident drug and alcohol testing program that includes post accident and random testing in accordance with Department of Transportation(DOT)Drug and Alcohol Testing-49 Code of Federal Regulations(CFR)Part 40. 1.2 DEFINITIONS A. Safety Program—The Contractor shall submit its Safety Program to the Airport and obtain approval prior to issuance of the Notice to Proceed. The Safety Program shall be prepared Page 103 of 158 Contract for Rehab of Air Carrier&General Aviation Apron in accordance with the FAA Advisory Circular 150/5370-2G (Operational Safety on Airports During Construction), or current edition as of bid date. The Safety Program includes,but is not limited to the following: 1. Contractor's Corporate Safety Policy 2. Contractor's Site-Specific Safety Plan 3. Construction Safety and Phasing Plan(CSPP)—The Contractor shall abide by the CSPP,approved by the FAA and provided by the Airport. 4. Safety Plan Compliance Document(SPCD)—The SPCD details how the Contractor will comply with the CSPP. The Contractor shall prepare the SPCD and obtain approval by the Airport prior to issuance of the Notice to Proceed PRODUCTS 1.3 WARNING LIGHTS. Warning lights shall meet the requirements of FAA Advisory Circular 150/5370-2G(Operational Safety on Airport During Construction), or current edition as of bid date or as amended during the term of the contract. The Contractor's vehicles shall meet the requirements of FAA Advisory Circular 150/5210-5D (Painting, Marking, and Lighting of Vehicles Used on an Airport),or current edition as of bid date or as amended during the term of the contract. 1.4 LOW PROFILE BARRICADES. Low profile barricades shall be in accordance with the details in the Contract Documents and meet the requirements of FAA Advisory Circular 150/5370-2G, or current edition as of bid date or as amended during the term of the contract. The barricades shall be furnished, maintained and relocated during each phase by the Contractor. Barricades shall be as detailed and installed per the drawings along the affected pavement edge or access to a closed runway, taxiway or apron. 1.5 SAFETY BARRICADES. Safety barricades shall be furnished and installed at the locations as indicated on the Contract Documents and/or directed by the Engineer. Safety barricades shall be 32" —36"tall and 6' long. Safety barricades shall be water finable with a maximum empty weight of 85 pounds and a minimum filled weight of 700 pounds. There shall be an equal number of orange and white to allow for the colors to be staggered upon assembly. They shall be interlockable and marked with alternating orange and white reflective tape on each side. The Contractor shall supply two(2) solar powered red flashing lights per barricade that can be attached to the top of the barricades. 1.6 VACUUM SWEEPER. The power vacuum sweepers shall be Tymco, Model HSP-600 or Elgin Model Crosswind or an approved equal. A broom type sweeper may be allowed by the Engineer depending upon construction activity on aircraft operations area. The Contractor shall provide a minimum of one sweeper at all times. Contract for Rehab of Air Carrier&General Aviation Apron Page 104 of 158 PART 2 - EXECUTION 2.1 General Information A. All Contractors shall comply with the following: 1. All applicable Occupational Safety and Health Administration (OSHA), Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR), Transportation Security Administration (TSA) Part 1542, Department of Transportation(DOT), Federal, State,and Local safety standards. 2. Other reasonable safety rules and practices as may be established from time to time by the Airport. B. In compliance with FAA AC 150/5370-2G, or current edition as of bid date or as amended during the term of the contract date,the Contractor shall prepare a Safety Plan Compliance Document(SPCD).This document shall include a general statement by the Contractor that it has read and shall adhere to the CSPP. Any details not identifiable for the CSPP should be included within the SPCD. The SPCD is similar to the CSPP but shall not contain duplicate information. The Contractor shall submit the SPCD to the Airport for approval prior to the issuance of the NTP. The SPCD shall include but not be limited to the following checklist as applicable to the scope of the project: 1. Coordination. Discuss details of proposed safety meetings with the Airport operator and with Contractor's employees and subcontractors. 2. Phasing. Discuss proposed construction schedule elements,including: i. Duration of each phase. ii. Daily start and finish of construction, including"night only"construction. iii. Duration of construction activities during: 1. Normal runway operations. 2. Closed runway operations. 3. Modified runway"Aircraft Reference Code"usage. 3. Areas and operations affected by the construction activity. These areas and operations should be identified in the CSPP and should not require an entry in the SPCD. 4. Protection of NAVAIDS. Discuss specific methods proposed to protect operating NAVAIDS. 5. Contractor access. Provide the following: i. Details on how the Contractor will maintain the integrity of the Airport security fence(contract security officers, daily log of construction personnel, and other). ii. Listing of individual requiring driver training(for certificated airports and as requested). iii. Radio communications. 1. Types of radios and backup capabilities. 2. Who will be monitoring radios. 3. Who to contact if the Air Traffic Control Tower(ATCT)cannot reach the Contractor's designated person by radio. Page 105 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 4. Details on how the Contractor will escort material delivery vehicles. 6. Wildlife management. Discuss the following: i. Methods and procedures to prevent wildlife attraction. ii. Wildlife reporting procedures. 7. Foreign Object Debris(FOD)management. Discuss equipment and methods for control of FOD,including construction debris and dust. 8. Hazardous material(HAZMAT)management. Discuss equipment and methods for responding to hazardous spills. 9. Notification of construction activities. Provide the following: i. Contractor points of contact. ii. Contractor emergency contact. iii. Listing of all equipment greater than 10 feet in height or other requested equipment proposed for use on the Airport and the time frame for submitting 7460-1 forms not previously submitted by the Airport operator. iv. Batch plant details,including 7460-1 submittal. 10. Inspection requirements. Discuss daily(or more frequent)inspections and special inspection procedures. 11. Underground utilities. Discuss proposed methods of identifying and protecting underground utilities. 12. Penalties. Penalties should be identified in the CSPP and should not require an entry in the SPCD. 13. Special conditions. Discuss proposed actions for each special condition identified in the CSPP. 14. Runway and taxiway visual aids. Including marking, lighting, signs and visual NAVAIDs. Discuss proposed visual aids including the following: i. Equipment and methods for covering signage and airfield lights. ii. Equipment and methods for temporary closure markings(paint,fabric, other). iii. Types of temporary Visual Guidance Slope Indicators(VGSI). 15. Markings and signs for access routes. Discuss proposed methods of demarcating access routes for vehicle drivers. 16. Hazard marking and lighting. Discuss proposed equipment and methods for identifying excavation areas. 17. Protection of runway and taxiway safety areas. Including object free areas, obstacle free zones, and approach/departure surfaces. Discuss proposed methods of identifying, demarcating,and protecting airport surfaces including: i. Equipment and methods for maintaining Taxiway Safety Area standards. ii. Equipment and methods for separation of construction operations from aircraft operations, including details of barricades. 18. Other limitations on construction should be identified in the CSPP and should not require an entry in the SPCD. C. Regular progress meetings will be conducted during construction. Part of the meeting will be dedicated to safety. During these meetings, the Contractor shall submit to the Airport the following safety information: 1. Estimated man-hours worked from the previous period; 2. Number of accidents from the previous periods; Contract for Rehab of Air Carrier&General Aviation Apron Page 106 of 158 3. Number of recordable injuries from the previous period;and 4. Summarization of any accident that took place from the previous period. D. In estimating the work involved in the Contract, the Contractor shall be familiar with all existing and limiting conditions that will or may have a bearing on the performance of the Contract with regard to safety. Any limiting conditions shall be identified in writing. E. All costs related to the required Safety Program shall be included in the Contractor's bid. Costs provided to administer and maintain the Safety Program shall be complete and shall include costs for all required personnel,activities,facilities,media,tools,drug testing,and any specialty equipment required to insure a comprehensive, qualified Safety Program to suit a per week/per shift basis. F. Throughout the duration of the Contract, any practice or situation that the Engineer determines to be unsafe or a hindrance to regular Airport operations shall be immediately rectified within 24 hours. If not corrected within 24 hours, the Airport shall put a stop to all operations. G. The following publications contain definitions/descriptions of critical Airport operating areas. The areas defined below pertain to airfield safety requirements and are referenced throughout the Contract Documents. Copies of these publications are available from the FAA at 1. Advisory Circular 150/5370-2G, or current edition as of bid date, "Operational Safety on Airports During Construction": Sets forth guidelines to assist Airport operators in complying with FAR Part 139, "Certification and Operation/Land Airports Serving Certain Air Carriers" and with the requirements of federally funded construction projects. 2. FAR Part 77,"Objects Affecting Navigable Airspace,"Current Edition: Establishes standards for determining obstructions to navigable airspace. Civil Airport imaginary surfaces are defined in the publication. It also sets forth requirements for notice of certain proposed construction or alteration. Notice of construction provides a basis for recommendations for identifying the construction or alteration in accordance with AC 70/7460-1, "Obstruction Marking and Lighting,"or current edition as of bid date. 3. AC 150/5300-13A, "Airport Design"or current edition as of bid date: Establishes design, operational and maintenance standards for airports. Standard terms used in the Contract Documents are defined below: a. Runway Safety Area (RSA) - The defined surface surrounding the runway over which aircraft should, in dry weather, be able to cross at normal operating speeds without incurring significant damage. A safety area is graded, drained and compacted. It is free of any holes, trenches, humps or other significant surface variations or objects, other than those which must be there because of their essential aeronautical function. The safety area requires the capability of supporting maintenance, firefighting,and rescue vehicles under normal(dry)conditions. Contract for Rehab of Air Carrier&General Aviation Apron Page 107 of 158 b. Object Free Area(OFA)—An area on the ground centered on a runway, taxiway, or taxilane centerline provided to enhance the safety of aircraft operations by having the area free of objects,except for objects that need to be located in the OFA for air navigations or aircraft ground maneuvering purposes. c. Obstacle Free Zone (OFZ) — The OFZ is the airspace below 150 feet above the established Airport elevation and along the runway and extended runway centerline that is required to be clear of all objects, except for frangible visual NAVAIDs that need to be located in the OFZ because of their function, in order to provide clearance protection for aircraft landing or taking off from the runway,and for missed approaches. The OFZ is subdivided as follows: 1) Runway OFZ. The airspace above a surface centered on the runway centerline. 2) Inner-approach OFZ. The airspace above a surface centered on the extended runway centerline. It applies to runways with an approach lighting system. 3) Outer-approach OFZ. The airspace above the surfaces located on the outer edges of the runway OFZ and the inner-approach OFZ. It applies to runways with approach visibility minimums lower than%-statute mile. d. Taxiway Safety Area (TSA)—A defined surface alongside the taxiway prepared or suitable for reducing the risk of damage to an airplane unintentionally departing the taxiway. H. The work shall proceed in such a manner as to provide safe conditions for all workers and personnel. The sequence of operations shall be such that maximum protection is afforded to ensure that personnel and workers in the work area are not subject to any dangerous conditions. Prior to commencement of construction activity, the Contractor shall notify in writing, at least 72 hours in advance, Airport Operations and the Engineer of its intentions to begin construction,stating the proposed time, date,and area of which construction is to occur in order for the appropriate Notice-to-Airmen (NOTAM) to be issued. During the performance of this Contract,the Airport facility shall remain in use to the maximum extent possible. The Contractor shall not allow employees,subcontractors,suppliers,or any other unauthorized persons to enter in any Airport area which may be open for aircraft use. J. Should any of the following problems or hazards arise during construction,the Contractor shall immediately rectify/correct the problem or hazard to the satisfaction of the Engineer and the Airport: 1. Trenches, holes, or excavations at or adjacent to any active runway or in safety areas. 2. Unmarked/unlighted holes or excavation at any active apron, taxiway, taxilane, or related safety area. Page 108 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 3. Mounds or piles of earth, construction materials, temporary structures, or other objects in the vicinity of any active taxiway, taxilane, or in a related safety, approach, or departure area. 4. Vehicles or equipment(whether operating or idle) on any active runway,taxiway, taxilane, or in any related safety,approach, or departure area. 5. Vehicles, equipment, excavations, stockpiles, or other materials which could degrade or otherwise interfere with electronic signals from radios or navigational aids(NAVAIDS). 6. Runway surfacing projects resulting in excessive lips greater than 1 inch for runways and exceeding 3 inches for edges between the old shoulder and new surfaces at runway edges and ends. 7. Unmarked utility, NAVAID, weather service, runway lighting, or other power or signal cables that could be damaged during construction. 8. Objects (whether or not marked or flagged) or activities anywhere on or in the vicinity of the Airport which could be distracting, confusing, or alarming to pilots during aircraft operations. 9. Unflagged/unlighted low visibility items (such as tall cranes, drills, and the like) anywhere in the vicinity of active runways, or in any approach or departure area. 10. Misleading or malfunctioning obstruction lights or unlighted/unmarked obstructions in an approach to any active runway. 11. Inadequate approach/departure surfaces needed to assure adequate landing/takeoff clearance over obstructions or work or storage areas. 12. Inadequate, confusing or misleading (to user pilots) marking/lighting of runways, taxiways,or taxilanes, including displaced or relocated thresholds. 13. Water, dirt, debris, or other transient accumulation which temporarily obscures pavement marking, pavement edges, or derogates visibility of runway/taxiway marking or lighting. 14. Inadequate or improper methods of marking, barricading, and lighting of temporarily closed portions of Airport operations areas. 15. Trash or other materials with foreign object damage (FOD) potential, whether on runways,taxiways, or aprons, or in related safety areas. 16. Inadequate barricading or other marking which is placed to separate construction or maintenance areas from active aircraft operating areas. 17. Failure to control vehicle and human access to active aircraft operating areas. 18. Construction/maintenance activities or materials which could hamper the response of aircraft rescue and firefighting(ARFF) equipment from reaching all aircraft or any part of the runway/taxiway system,runway approach and departure areas, and aircraft parking locations. 19. Bird attractants on Airport,such as edibles(food scraps,etc.), miscellaneous trash, or ponded water. 2.2 Contractor Requirements A. All persons entering the project area designated as the construction site shall strictly follow Georgia,OSHA,FAA,DOT, and Transportation Safety Administration regulations. Page 109 of 158 Contract for Rehab of Air Carrier&General Aviation Apron B. The Contractor shall provide physical barriers along the perimeter of its work site and place signs identifying the area as a construction site. The contractor will install signs along on- site haul roads indicating that speed limit for construction vehicles is 25 mph or 15 mph if on airfield pavements including taxiways and aprons. In some cases where the general public or open airfield is to be protected, additional and/or specialty barriers might be required and will need to be determined by Airport. C. The Contractor shall submit an FAA Form 7460-1 at least 60 days prior to any crane erections. All construction involving cranes shall further be coordinated at least 72 hours in advance, excluding weekends, with the Airport Operations. This does not include the time required for airspace review. The following information and actions are required: 1. Location of the Crane. 2. Maximum extendable height. 3. Hours of operation. 4. The top of each crane boom shall be marked by a 3'x 3'orange and white checkered flag—each box being 1'square. 5. Each crane shall be lowered at night and during periods of poor visibility as directed by Airport Operations. In the event the crane is approved to remain extended during the hours from sunset to sunrise, the highest point of the crane boom will be lit with a red obstruction light in accordance with AC 70/7460-1. D. These established safety requirements shall govern Contractors and all persons within the designated construction site and are outlined to avoid infractions of common accepted safety practices. E. These safety requirements shall not be construed as complete and any requirements of the guidelines in conflict with Georgia, OSHA and FAA shall be superseded by Georgia, OSHA or FAA regulations. F. Any individual failing to follow these safety requirements shall be directed by the Contractor to immediately abate the unsafe act,behavior,or equipment. G. All Contractor equipment brought onsite for use on or during the construction project shall be kept in a safe operating condition. Worn or damaged equipment shall be repaired, replaced or taken out of service(locked out)and removed from the job site. H. Contractor shall keep its work area in a clean and safe condition. The use of makeshift,defective or inadequate scaffolding,rigging,or staging is prohibited. J. The Contractor shall provide barriers,railings or coverings for all areas including,but not limited to, elevated work platforms, holes, excavations, roof openings, along roof edges, manholes, and/or unfinished work causing floor obstructions. Outside excavations, barriers,and safety signs shall be adequately illuminated during darkness. K. No Contractor is permitted to use any powered industrial moving equipment,trucks,tools, or ladders owned or rented by,the Airport. Contract for Rehab of Air Carrier&General Aviation Apron Page 110 of 158 L. Contractors shall not perform work overhead of any member of the general public. The Contractor shall use physical barriers to prevent access by non-construction personnel to areas with overhead construction work. If the Contractor cannot restrict access to the overhead work area,work will cease until a method of restricting access is developed and implemented. M. Welding screens and/or curtains will be used in areas where cutting or welding operations are being performed where non-construction personnel may be exposed to weld flash or sparks. Refer to Airport Hot Work permit requirements. N. Tools,equipment or materials shall not be left or placed on beams,overhead walkways,or places where they may fall,causing injury. 1. To prevent possible explosive or incendiary devices from being hidden in areas close to Airport facilities, equipment, aircraft, or vehicles, no containers (tool boxes, storage containers, materials trailers) shall be left unsecured or unattended in public areas. 2. The Contractor shall not bring any tool through passenger screening. No tools shall be left unsecured in public areas. Any temporary doors that lead to construction areas that are accessible by the public shall be equipped with a push button cipher lock (installed at the Contractor's expense). The access number to the door shall be provided to Airport designees. 3. The Contractor is not permitted to carry liquids, gels,or aerosols into sterile areas except for those liquids, gels, or aerosol necessary for operational or medical needs,all of which shall be subject to inspection. O. Contractor shall verify and assure that every employee who operates any mobile equipment on Airport properties shall have a current valid driver's license. P. The Contractor shall comply with the National Electric Code (NEC) requirements regarding ground fault circuit interrupters for construction field tools and equipment. Q. In matters concerning interpretation of the foregoing requirements, the decision of the Airport will be final and binding. R. The Contractor shall maintain a Safety Program, for the purpose of safety, security, orientation,education,training,enforcement,and distribution. S. If a security system(cameras, gates, lifts, doors, etc.) is going to be taken out of service, the Contractor shall coordinate with the Airport Operations at least three (3) days in advance. Pending certain security threat levels, permission may not be granted to take down a security system. T. Potable water line installation will require coordination with the Airport management. U. When working on the airfield pavement lighting cans, the Contractor shall assure the electrical systems are locked out,tagged out,and verified there is no hazardous energy. Page 111 of 158 Contract for Rehab of Air Carrier&General Aviation Apron V. The Contractor shall not pull any associated airfield lighting electrical cables through manholes,junction cans,pavement cans or through those devices if there are other cables present. All electrical cables shall be locked-out, tagged-out, and de-energized prior to work activities. W. Contractor will provide all lighted, low profile, water or sand filled, taxiway/runway barricading. X. If working on the Airport Operations Area (AOA), the Contractor will be required to prepare an FAA Safety Plan Compliance Document (SPCD) that is a part of the Safety Program. Y. Airfield Rescue and Firefighter(ARFF)roads cannot be taken out of service. Z. Equipment that is used for material handling on the airfield shall have working headlights and brake lights. Any equipment that exits the AOA onto public roadways is subject to GA DOT regulations. 2.3 Fall Hazard Protection Control K. Fall Hazard Control requires that Contractors comply with fall prevention and protection procedures in accordance with Occupational Safety and health Administration (OSHA) requirements. 2.4 Fire Prevention L. The Contractor shall provide appropriate fire extinguishers for its employees. M. No burning,cutting,welding, or heat generating operation shall be allowed in any area on Airport property without first obtaining permission from Airport Operations. N. Oxygen and acetylene cylinders not in use, shall be properly stored and capped, and secured by a chain or rope. All flammable liquids shall be stored in approved safety containers. Oily rags and/or rags soaked with flammable liquids shall be stored in approved safety containers only. Paint and painter's equipment drop sheets,cleaning materials,shall be stored in a clear area away from any heat generating operation. Lids shall be replaced on all opened paint and/or solvent containers. All solvents shall be stored in approved safety containers 2.5 Lock Outs O. Examples of energy sources that are required to be locked out and tagged regardless of who has custody are: 1. Any time repairs or modifications are made to electrical systems, either temporary or permanent, they shall be locked out. Locks shall be applied to the main disconnect switch whenever possible. A tag shall accompany all locks. Contract for Rehab of Air Carrier&General Aviation Apron Page 112 of 158 2. Electrical systems that provide electrical power to equipment, such as pumps and electrical motors, shall be locked out by the Contractor until such time that system is released. 3. Electrical systems that provide electrical power to the airfield signage and lighting. 4. Lines,valves and similar systems that are being tested pneumatically or with Inert gases,such as oxygen,shall be tagged and locked out to prevent an accidental discharge of the pressure within the line. In addition, areas affected by the pneumatic test shall be barricaded against entry and inspected by the Contractor prior to commencement of the test. 5. Air lines, hydraulic lines, gas lines, blanking, pressure storage units, valves, capacitors and other such sources that could be inadvertently activated or discharged causing a hazardous condition,shall be locked out,blanked or otherwise neutralized to prevent accidental activation. 6. Any steam, natural gas, refrigeration, chemical feed, glycol, water, fuel oil, diesel, and jet fuel lines that could be inadvertently activated or discharged causing a hazardous condition, shall be locked out, blanked or otherwise neutralized to prevent accidental activation and or a hazardous condition. In some cases double block and bleed maybe required. P. Access to all electrical systems for both shutdown and reenergizing will be coordinated with Airport maintenance. This includes access to all panels, breakers, switches, relays, substations,and all relevant switch gear. Q. If more than one employee is required to lockout and tag a circuit or piece of equipment,a multiple padlock device(hasp)shall be used. R. This procedure establishes a lockout practice for securing machinery and equipment during periods of construction and maintenance. It is essential that Contractor complies with its lockout procedure to ensure the safety of all employees. A lockout procedure is to render inoperative electrical systems, air lines, hydraulic lines, mechanical devices, pumps, conveyors,fuel,glycol,water,gasoline,jet fuel,pipelines,valves and all other such energy and stored energy systems that may accidentally be energized or discharged while employees are working on them before they are ready and released for service. S. Contractor shall administer its own lockout program where not identified by this document. The Contractor shall issue all locks and applicable tags to their foreman, general foreman, superintendents and employees as necessary. The Contractor shall maintain a lock and tag log. Tags are required to have the Contractor's name,phone number,employee name,and supervisor name easily identified on each tag. T. After locking out and tagging a circuit,an attempt to energize the equipment shall be made by depressing or turning"on"all starting stations before work begins.In no case shall work begin before circuits and equipment are tested to ensure that they are,in fact,de-energized. U. Any employee who removes a tag or lock belonging to another employee or person, or overrides a tag or lock in any way, may be removed from the Airport property. Written authorization has to be obtained from the foreman, general foreman, superintendent and Contract for Rehab of Air Carrier&General Aviation Apron Page 113 of 158 Project Manager of the responsible Contractor when a lock has been left on a piece of equipment and the originator is not available for removal. V. When locks and tags are required, Contractors employees working on that system shall notify their appropriate supervisor. The supervisor, or his designee, shall see that appropriate locks and tags are provided. When work is completed, the appropriate supervisor is also to be notified when locks and tags are removed. W. After equipment or systems are turned over to the Airport, no work or Airport modifications will be performed without compliance to Airport's Lockout/Tagout Program. X. There may be some equipment that cannot be physically locked out using any type of device. If a situation exists where equipment cannot be locked out the Contractor shall notify the Airport. 2.6 Cranes/Derricks/Lifting Equipment/Rigging Y. All crane operators shall be thoroughly knowledgeable in the operations of the crane, rigging equipment, and other OSHA requirements relating to lifting. Z. NOTAMS may be required depending upon the location and height of the lift. Contractor shall contact Airport management prior to any crane activity. AA. Lifting shall not be done over any employees. BB. Tag lines shall be used for all lifts greater than 20 feet. CC. No lifts shall be made when winds are sustained over 25 mph. DD. Outrigger shall be shored so they do not damage property. Contractor will be responsible for any property damage to paved or concrete surfaces. EE. A prelift review shall be performed by the Contractor for every critical lift. FF. A Critical lift shall be defined as a lift with a hoisted load that is within 15% of the maximum load limits(normal) of the equipment that is being used. Before a critical lift is performed the Contractor shall submit a Critical Lift Plan that is prepared and approved by a Professional Engineer that is registered with the State of Georgia. The Critical lift Plan will include the following: • Description of the lift • Crane Position • Lift Height • Load Radius • Boom and angle • Size and weight of load • Percent of cranes capacity Page 114 of 158 Contract for Rehab of Air Carrier&General Aviation Apron • Personnel involved • Rigging plan • Communications methods • Ground Conditions • Inspection Procedures • Procedures for hosting(if applicable) GG. The critical lift plan will also document the source (i.e. weight, crane and rigging capacities, inspections,and wind speeds). 2.7 Vehicle Operation on the Airport Operations Area(AOA) HH. All vehicles that enter the AOA shall comply with the following: 1. All vehicles accessing the AOA shall be placarded with a company name and logo or some other form of identification. All lettering shall be a minimum of 4"high. 2. All construction vehicles/mechanized equipment authorized within the Movement Area or related safety areas shall be marked with a flag on a staff attached to the uppermost portion of the vehicle/motorized equipment so that the flag will be readily visible. The flag shall be at least a 3'x 3'square having a checkered pattern of international orange and white squares at least 1' on each side in accordance with FAA Advisory Circular 150/5210-5.D,or current edition as of bid date. 3. During nighttime hours, all equipment operating on the Airport exceeding 15 feet in height shall be lit with a red obstruction light in accordance with FAA Advisory Circular 70/7460-1, or current edition as of bid date. This light is to be located on the uppermost portion of the equipment. 4. All construction equipment that exceeds 20 feet in height are required to be "airspaced"as determined by the FAA Form 7460-1. II• Vehicle(s)/equipment shall be operated in a manner that does not interfere with aircraft operations. All vehicle(s)/equipment shall yield right of way to all aircraft and emergency vehicles. JJ. Vehicles/mechanized equipment operators shall obey all traffic signs and markings. KK. Vehicles/equipment shall not stop or be parked so as to block a driveway, AOA access gate, fire lane or aircraft LL. Vehicles/equipment shall not stop or be parked in areas other than those prearranged and approved by the Airport management. MM. No equipment or vehicles may be parked within six feet of an AOA fence. NN. The established speed limit on the AOA is 15 mph. 00. Vehicle(s)/equipment shall not be operated by individuals under the influence of any substance which impairs the ability to do so in a safe manner Contract for Rehab of Air Carrier&General Aviation Apron Page 115 of 158 PP. If an incident occurs on the AOA the incident shall be reported immediately to Airport Operations by contacting (706) 799-5372. Airport management and Airport Operations have the right to investigative all incidents and issue citations. The Contractor is still obligated to produce its own incident report to be submitted to Airport management. The Contractor shall submit an incident report no later than 24 hours after the incident. QQ. Vehicle/mechanized equipment operators are not permitted to move about the Airport outside the designated construction area, at night unless the vehicle has operating head lights,tail lights and brake lights,or is under the escort of a properly lighted vehicle. Head lights shall not be set on high beam when moving about the Airport at night. R.R. Vehicles/mechanized equipment authorized on the Movement Area (runways, taxiways, and ramps) and/or associated safety areas shall be equipped with an electrically powered, amber color, 360-degree omni-direction light, mounted on the vehicle such that it is conspicuous from any direction. SS. At no time shall a vehicle enter the Movement Area and/or associated safety areas unless it is authorized by the Airfield Operations and is in continuous radio communication with the Control Tower. If a vehicle is not radio equipped to communicate with the Control Tower, an escort vehicle equipped with such a radio shall lead or direct the movement of this vehicle while operating on the Movement Area unless the construction area is completely closed to Airport movement and cordoned off Coordination of escorts shall be prearranged with the Airport Operation. Any individual authorized unescorted access to the Movement Area or associated safety areas shall have completed the driver training program administered by the Airport Operations department. TT. Seat belts shall be utilized on equipment/vehicles that are designed for usage. UU. All vehicles/equipment shall be appropriately secured such that neither aircraft blast nor wind will result in their movement. 2.8 Special Construction Rules on the AOA When airfield construction is being performed on the AOA the following rules will apply unless modified in writing by Airfield Operations. VV. All construction activities on the AOA shall include a specific Construction Safety Phasing Plan (CSPP) and a Safety Plan Compliance Document (SPCD) as required by the FAA. The SPCD will address compliance to and details required by the CSPP and include any other topics of discussion that might be mentioned during the safety phase planning meeting. WW. The safety phase planning meeting shall be held prior to mobilization to the AOA. XX. Any Airport construction and/or alteration requires the completion and submittal of FAA Form 7460-1 Notice of Proposed Construction or Alteration (available from the FAA Air Traffic Division Regional Office),and www.FAA.gov at least 60 days prior to the start of the project. The Engineer will submit this form in advance of the start of construction. Contract for Rehab of Air Carrier&General Aviation Apron Page 116 of 158 YY. If the Contractor requires any modifications to FAA Form 7460-1 (from the advance submittal) the Contractor shall complete and submit an amended FAA Form 7460-1 reflecting the requested changes. ZZ. A copy of all completed FAA Form 7460-1's and the FAA's determination(s) shall be on file with the Airport prior to commencing the erection or construction of the item(s) proposed by the Contractor. AAA. The Contractor shall erect and maintain fencing, barricades, signs and warning devices used to delineate the perimeter of all construction areas, as shown on the plans and/or as approved by the Airport Operations. BBB. All points of entry into the AOA,which are under the Contractor's control,shall be secured and/or guarded and should be coordinated with the Airport Operations. CCC. Deliveries are to be strictly controlled (by the Contractor) using personnel specifically acquainted with these rules. The Contractor shall provide properly manned escort vehicles as required to guide and escort all deliveries to the work area(s). DDD. All barricades, lighting and warning devices used to delineate any construction or hazardous area(s) are to be provided by the Contractor except for lighted runway closure crosses which will be provided by the Airport. EEE. At no time shall personnel, vehicles or equipment be located or enter any of the following areas unless authorized on the plans or by Airport Operations. 1. Within 250 feet parallel to an active runway centerline(to be indicated on the CSPP and/or SPCD). 2. No Stockpiles will be placed within 400 feet parallel to an active runway centerline nor will equipment be left unattended. 3. Within 1,000 feet of the end of active runways(each end to be indicated in the CSPP and/or SPCD) 4. Within 93 feet parallel to an active taxiway centerline operating with Group III aircraft without proper approval. 5. Active NAVAID Critical Areas. FFF. Trenches and/or Excavations: Trenches and/or excavations shall not be allowed in the following areas without closure or restriction of the adjacent Movement Area: 1. Within 250 feet parallel to a runway centerline. 2. Within 160 feet parallel to a taxiway centerline operating with Group V aircraft without proper approval. 3. Within 1,000 feet of the end of a runway. 4. Active NAVAID Critical Areas. GGG. No trenching is allowed under Airport fences without prior approval and coordination with the Airport Operations. Page 117 of 158 Contract for Rehab of Air Carrier&General Aviation Apron HHH. All stockpiled material(s)/supplies shall be constrained in a manner to prevent movement resulting from aircraft blast or wind conditions. Material(s)/supplies shall not be stored within 500 feet of aircraft turning areas or movement areas. Stockpiled material(s)/supplies shall not exceed 15 feet in height unless the Contractor has complied with all requirements for airspace review. All material(s)/supplies shall be positioned so it will not obstruct the line of sight from the Control Tower to the Movement Area. III. Stockpiled material shall not be within 6 feet of an Airport perimeter fence. JJJ. Nighttime work, not covered by the Contract Documents, requires 72 hours advanced approval, excluding weekends, by the Airport Operations. Lighting for nighttime work shall be shielded and positioned downward so as not to hinder the vision of the air traffic controllers in the control Tower or the pilots of moving aircraft. KKK. Debris, waste, and loose materials shall not be allowed on the Movement Area. If debris and/or loose materials are-observed to be on active portions of the Movement Area, the Contractor shall be responsible for correcting the discrepancy immediately. The Contractor shall be responsible for controlling dust problems resulting from construction and clean-up processes. LLL. The Contractor will be working in an air operations area in which a high degree of care is necessary to control debris and dust. Spilled material on active roadways, runways, taxiways and aprons shall be swept up immediately. The Contractor will be aware that the construction area may be subject to jet blast and significant wind velocities. Dust control measures shall be required to prevent loose material from blowing within or outside the air operations area. MMM. If the Contractor uses, or if a haul road crosses any area used by aircraft, service or emergency vehicles, a vacuum power broom and/or hand sweeping will be used to keep this area clean of debris which could damage aircraft engines or propellers. The Contractor will be liable for any damages that occur. Power brooms and sweepers shall be vacuum capable. NNN. Prior to opening any Runway, Taxiway,Ramp,Apron or Associated Safety Area,that has been closed for construction; the Contractor shall arrange for an inspection by the Airport Operations. 000. All barricades used by the Contractor to designate an unusable or hazardous area on the AOA, shall be secured in place against movement or jet blast. The Contractor shall ensure that all barricades and hazard lighting are operational prior to departing the construction area at the end of each workday. PPP. In accordance with FAR Part 139, Airport Operations shall, prior to the release of work crews,inspect all areas to ensure that: 1. Paved areas are free of surface variations in accordance with FAR Part 139. 2. All unpaved active safety areas are cleared and graded and have no potentially hazardous ruts,humps, depressions or other surface variations. Contract for Rehab of Air Carrier&General Aviation Apron Page 118 of 158 3. All trenches or excavations within active Runway and/or Taxiway safety areas are backfilled to support the weight of an aircraft or Aircraft Rescue and Fire Fighting (ARFF)equipment. 4. If the trenches, excavations or hazardous areas have been authorized to remain in place,they are to be adequately plated and marked and lighted. QQQ. Location of haul routes on the Airport site shall be as shown on the CSPP or as approved by Airport Operations. All haul routes on the Airport shall be marked, when necessary, and maintained by the Contractor. These routes shall be restored to their original condition upon completion of the construction project. RRR. Construction equipment shall not be permitted to operate upon paved areas unless the equipment has pneumatic tires or special means, approved by the Engineer, provided to protect the pavement. SSS. All construction involving cranes shall be coordinated at least 72 hours in advance, excluding weekends, with the Airport Operations. This does not include the time required for airspace review. The following information is required: 1. Location of the Crane. 2. Maximum extendable height. 3. Hours of operation. TTT. The top of each crane boom shall be marked by a 3' x 3' orange and white checkered flag —each box being 1' square. UUU. Each crane shall be lowered at night and during periods of poor visibility as directed by Airport Operations. 6/21/2018The Contractor will not be permitted to use any access or haul roads other than those designated on the contract drawings. Aircraft Rescue and Fire Fighting(ARFF)right-of-way on access roads,haul roads,taxiways,and runways shall not be impeded at any time. 2.9 Foreign Object Debris(FOD)Management. Waste and loose materials capable of causing damage to aircraft landing gears or propellers or capable of being ingested in jet engines, shall not be left or placed on or near active aircraft movement areas. Materials tracked onto these areas shall be continuously removed during the construction project. All waste or loose materials which could attract wildlife shall be carefully controlled and removed on a continuous basis. The Contractor shall have adequate sweeping equipment and adequate dust control equipment on site at all times while the Contractor is working. END OF ITEM SP-10 Page 119 of 158 Contract for Rehab of Air Carrier&General Aviation Apron CONTRACTOR'S SUBMISSIONS Contract for Rehab of Air Carrier&General Aviation Apron Page 120 of 158 G E, D -a ; ,t A Attachment B You Must Complete and Return the 2 pages of Attachment B With Your Submittal. Document Must Be Notarized. Augusta,Georgia Augusta Procurement Department ATTN:Procurement Director 535 Telfair Street,Suite 1305 Augusta,Georgia 30901 Name of Proponent McCarthy Improvement Company street Address; 5401 Victoria Avenue City,State,zip Code:Davenport,IA 52807 Phone: 563-359-0321 Fax:563-344-3740 Email:infD@mrcarthyimprovement corn Do You Have A Business License? Yes: x No: Augusta,GA Business License#for your Company(Must Provide): L CC.2.-01S 000 l Zoo And/or Your State/Local Business License#for your Company(Must Proving Utility Contractors License#(Must Provide if aooilcable):tic 3o I q':32_ MUST BE LISTED ON FRONT OF ENVELOPE General Contractor License#(Must Provide If applicable): GCC005167 Additional Specialty License#(Must Provide if applicable): NOTE,: Company must be licensed in the Governmental entity for where they do the majority of their business. If your Governmental entity (State or Local)does not require a business license,please state above(Procurement will verify),your company will be required to obtain a Richmond County business license If awarded e BID. For further information regarding AUgusta,GA license requirements,please contact the License and inspection Department Ca 705 312-5050. ilei the State.Clty d County that Issued your license: G+Q Pr-'t vs-r it R I c a o r„b Acknowledgement of Addenda:(#1)... 02) V{#3) V (#4);(#5) : (#8):(#7) :(#8) TE: CHECK APPROPRIATE BOXES t•ADD ADDITIONAL NUMBERS AS APPLICABLE Statement of Non-Discrimination The undersignedd Gaoglestands �TAt it Is tpolicy of Augusta,Georgie to promote full and equal business opportunity for ad persons doing business with undersigned covenants that we have not discriminated,on the basis of race,r io origin or ethnicity,with regard io prime contracting,subcontracting or partnering opportunities. n gender,national businesses The the proposal covenants and ntred and agrees to make good faith efforts to ensure maximum practicable parriclpetion of local smell end hely the on hed formsoaby Augusta,Georgia. The undersigned further covenants that we have completed truthfully The undersignedud further covenantsood faithefforts and local small business subcontractor/supplier utilization. M conte agrees not to engage In discriminatory conduct of any type against local small businesses, nrdty with Augusta,Georgia's Local Small Business Opportunity Program. Set forth below Is the signature of an officer of the proposer/contredMg entity with the authority to bind the entity. The undersigned adknowledge and warrant that this Company has been made aware of understands and agrees to take affirmative action to provide such companies with the rnaxlrnurn practicable opportunities to do business with this Company; That this promise of nondlscitminetlon as made end set forth herein shall be continuing In nature end shall remain in full force and effect without interruption; That the promises of non-discrimination as made and set forth herein shall be and are hereby deemed to be made as part of and incorporated by reference into any contract or portion thereof which this Company may hereafter obtain and; That Me/slime of this Company to satisfactorily discharge any of the promises of nondiscrimination as made and set forth herein shall constitute a materiel breach of contract entitNng Augusta, Georgia to declare the contract In default and to exercise a applicable rights remedies Including but not limited to cancellation of the contract,termination of the contract,s try and all from future contracting opportunities,and withholding and or forfeiture of compensation due and owing on a contract, ion and debarment Ion-Collusion of Prime Proponent By The spubmission of in a pproposal,the vendor certifies,under penally of perpry,that to the best of its knowledge and belief: (a)The pices In the a�anyl have e been relating iv dto atiIndependently without collusion,consultation,communications,or agreement,for the purpose of re rknt ng otherwiseprices with any other vendor or with any competIor. required bylaw,the prices which have been quoted in the proposal have not been opening,directly or Indirectly,to any other vendor or to any competitor. ingly disclosed by the vendor prior to (c)No attempt has been made,or wit be made,by the vendor to induce any other person,partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition. Cotkrslons and fraud In proposal preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department. Bid 18-211 aehabllltate Air Carrier and General Aviation Apron-Phase II Blot Due:Tuesday,May 29,2018 3r00 p.m, Page 5 of 8 Page 121 of 158 Contract for Rehab of Air Carrier&General Aviation Apron Conflict of interest By submission of a proposal,the responding firm certifies,under penalty of perjury,that to the best of Its knowledge and belief: 1.No circumstances exist which cause a Conflict of Interest In performing the services required by this BID,and 2.That no employee of the County,nor any member thereof,not any public agency or official affected by this BID,has any pecuniary Interest In the business of the responding firm or his sub-consultant(s)has any Interest that would conflict In any manner or degree with the performance related to this BID. By submission i f proposal,the vendor certifies under penalty of perjury,that to the best of its knowledge and belief: (a) pricesproposal have been arrived at Independently without collusion,consultation,communications,or agreement,for the purpose of restricting competition,as to any matter relating to such prices with any other vendor or with any competitor. (b)Unless othenvise required by law,the prices which have been quoted In the proposal have not knowingly been disclosed by the vendor prior to opening,directly or Indirectly,to any other vendor or competitor. c)No attempt has been made,or will be made,by the vendor to Induce any other person,partnership or cooperation to submit or not to submit a proposal for the purpose of restricting campebuon. For any breach or violation of this provision,the County shall have the right to terminate any related contract or agreement without tab90y and at Its discretion to deduct from the price,or otherwise recover,the full amount of such fee,commission,percentage,gilt,payment or conslderaion. Contractor Affidavit end Agreement By executing this affidavit, the undersigned contractor verifies its compliance with 0.C.G.A. § 13-10-91, stating eflkmatively that the individual,firm,or corporation which is contracting with Augusta,Georgia Board of Commissioners has registered a federal work authorization program•[any of the electronic verification o1 work authorization operated end B participating UnitedStat In Department of Homeland Security or any equivalent federal work authorization programsUnitedt the States Homeland Security to verify information of newly hired employees,pursuant to the Immigration operated and the rolA States 6(°RCA), of that,09.603J,In accordance with the applicability provisions and deadlines established 0.C.GA§13-10- ThControl undeerrsigned further grP.L ees should dt ploy or contract with any subcontractor(s)In connection with the physical performance of services pursuant to this contract with Ah 9uaGeorgia Board of Commissioners,contractor will secure from such suboontractor(s)similar verification of compliance with 0.C.G.A§13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form.Contractor further agrees to maintain records of such compliance and provide a copy of each such vericaton to the Augusta.Georgia Board of Commissioners at the time the suboontractor(s)Is retained to perform such service. Georgia Law requires your company to have en E-Vedfy'User Identification Number(Company For additional information or to enroll your company,visit the State of Georgia website: ompeny I.D.)on or after July 1,2009. )Rios:!/e-verifv.uscis.00v/enroll/ and/or htto://www.001.51alema.ustp0f/rutes/300 10 Lodi **E-Verify*User Identification Number(Company I.D.) 104193 NOTE: E-VERIFY USER IDENDIFICATION NUMBER(COMPANY 1.0.)MUST BE PROVIDED;IN ADDITION,THE RECOMMENDED AWARDED VENDOR WILL BE REQUIRED TO PROVIDE A COPY OF HOMELAND SECURITY'S MEMORANDUM OF UNDERSTANDING(MOU) The undersigned further agrees to submit a notarized copy of Attachment B and any required documentation noted as part of the Augusta, Georgia Board of Commissions specifications which govern this process. In addition, the undersigned agrees to submit all required forms for any subcontractor(s) as requested and or required. I further understand that my submittal will be deemed non-compliant if any part of this process is violated. McCarthy Improvement Com.. y Comyams j BY: •uthor e. • i� =r • Agent (Contractor Signatu e) President Title of Authorized Officer or Agent of Contractor Scott E.Hutter Printed Name of Authorized Officer or Agent SUBS RIBED AND SWORN BEFORE M ON THIS THE I DAY OF �1.t/►� 20 Notary P Ac � J NOTARY SEAL.. My ( ( �T JEISSIONSIKA DUARTE Commission 2- 2 COMMISSION NUMBER"1452 — — MY CO MISSI N E IRES P � You Nicest Complete and Return the 2 peltas of Attachment B with Your Submittal.Document Must Be Notarized. Rev.2/17/2016 Bid i8-211 Rehabilitate Atr Carrier and General Aviation Apran-Phase It Bid Due:Tuesday,May 29,2018 rte 3:00 p.m. Page 6of8 Page 122 of 158 Contract for Rehab of Air Carrier&General Aviation Apron G E' O R © 1 A You Must Complete and Return with Your Submittal. Document Must Be Notarised Systematic Alien Verification for Entitlements(SAVE)Program Affidavit Verifying Status for Augusta, Georgia Benefit Application By executing this affidavit under oath,as an applicant for an Augusta,Georgia Business License or Occupation Tax Certificate, Alcohol License,Taxi Permit,Contract or other public benefit as reference In 0.C.G.A.Section 50-36-1,I am stating the following with respect to my bid for an Augusta, Georgia contract for 1R-911 RehahilitatP Air Carrier and General Aviation Apron-Phase U 11Th Protect Number and Project None] Scott E.Hutter (Prku/rype:Name of natural person opplyino on behalf of individual,business,corporation,partnership,or other private entity) McCart y Improvement Company (Print/Type:Name of business corporation,partnership,Of other private entity, 1•) x lam a citizen of the United States. OR 2.) I am a legal permanent resident 18 years of age or older. OR 3.) I am an otherwise qualified alien(8§USC 1641)or nonimmigrant under the Federal immigration I( and Nationality Act(8 USC 1101 et seq.)18 years of age or older and lawfully present in the United States.* In making the above representation under oath,I understand that any lfully makes a false,fictitious,or fraudulent statement or representation In an a !davit shall be guilty knowinglyf violationll of Code Section 16-10-20 of the Official Code of Georgia. Signature of Appilca t, ScottF Rutter Printed Name *Alien Registration Number for Non-Citizens SUBSCRIBED AND SWORN BEFORE ME ON THIS THE I DAY OF UwY� 20_Ig JESIKADUARTE No Public " COMMISSION NUMBER 805452 � '19414413T MY COMMISSION E FIRES My commission Expires: 7/C / 01 g �'1Ip,QT - Note: THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL NEV.2/17/2016 Bid 18-211 Rehabilitate Air Carrier and General ANWon Apron- P Phase- 81d Due:Tuesday,May 29,2018®3:00 p.m- Page7of8 Page 123 of 158 Contract for Rehab of Air Carrier&General Aviation Apron 12. The Bidder shall state on the line below,if a corporation,the name of state In which incorporated and the date of said corporation. Signed thisda y of t A 11 + Contractor ,11a (Signature of individu. ; rtner or officer signing the Bid) (SEAL) ATTEST: Lice Nu r 4 �► l NOTE: If Contractor is a Corporation, Secretary should attest seal. Seal is required if Bidder is a Corporation. If Contractor is a Partnership, all partners shall execute the bid(add spaces as required). Rehabilitate Air Carrier and GA Apron-Ph 2 Augusta Regional Airport,Augusta,Georgia Addendum#3 orms AIP No.3-13-0011-040-2017 Bid,2018 B1-12 April 9,2018 Contract for Rehab of Air Carrier&General Aviation Apron Page 124 of 158 12. The Bidder shall state on the line below,if a corporation,the name of state In which Incorporated and the date of said corporation. 10(KL!__ i , r a1II 04 B Signed this t day of tf 20 11 Contractor By: —_e _/ ipp (Signature of Individu-; -rtner or officer signing the Bid) (SEAL) GICC 0051(0/ Lice Nu r �-- ATTEST: NOTE: If Contractor is a Corporation, Secretary should attest seal. Seal is required if Bidder is a Corporation. If Contractor is a Partnership, all partners shall execute the bid(add spaces as required). Rehabilitate Mr Carrier and GA Apron-Ph 2 Addendum 83 Augusta Regional Airport,Augusta,Georgia ALP No.3-13-0011-040-2017 Bid Forms April 9,2018 BF-12 Page 125 of 158 Contract for Rehab of Air Carrier&General Aviation Apron CERTIFICATION OF PROMPT PAYMENT The prime Contractor agrees to pay each subcontractor under this performance of its contract no later than thirty(30)days from the receipt prime each paymentt fortheprimeefa Contractor receives from the Owner. The prime Contractor further agrees otreturn retainage yments to each subcontractor within thirty(30)days after the subcontractor's y delay or postponement ofwork Is may occur only comp el ted. Any following written a payment from the above referenced time frame occur for good cause approval from the Owner. This clause applies to both DBE and non-OBE subcontractors. _ e Name of8dders � � ANy Authorized Representative Signature of Bldde s (Please Print or Type Name) Authorized Representative Title of Bidder's Date r Zotr7 Authorized Representative Rehabilitate Air Carrier and GA Apron-Ph 2 Augusta Regional Airport,Augusta,Georgia AIP No.3-13-0011-040-2017 Addendum 113 Bid Forms BF-16 April 9,2018 Contract for Rehab of Air Carrier&General Aviation Apron Page 126 of 158 I LETTER OF INTENT Disadvantage Business Enterprise (This page shall be submitted for each OBE firm) Bidder/Offer Name: McCarthy Improvement Company Address: 5401 Victoria Ave. City: Davenport Stete: 1�—Zip 52807 DBE Firm: DEE Firm: Technique Concrete Construction t Address: 944 Astor Avenue City: Forest Park State: GA Zip: 30297 • DBE Contact Person: Phone:(678 )9+s 946 Name: Bii Freeman.Jr. DBE Certifying Agency: Gem is Depadment of Transportation Expiration Date: Na . Each DSE Firm shall submit evidence(such as a photocopy)of their oerrtflcetbn status. Classification: Prima Contractor (Subcontractor ❑Joint Venture rilMenufacturer ®Supplier 1 Work Item(s) to Total 4 be performed by Description of Work Item Quantity DBE i.o.eo The Bidder/offeror is committed to utilizing the above-named DBE firm for the work described above. The estimated participation Is as follows: DBE contract amount: $ I o00•oo Percent of total contract:D•7 O % AFFIRMATION: pf the contract for the estimated dollar The above-named DBE firm affirms that It will perform that portion value as stated herein above. iii (s/pr +) ra c4tr� . ise)By: • fnt.E. °In the event the bldderlofferor does not receive award of the prime contract,any and all repreeentetlons In this Letter of Intent and Affirmation shall be nut and void. i i 1 I Issued for Bid Rehabilitate Air Carrier and GA Apron-Pb 2 Hid Frans I AAugusta Regional Airport,Augusta,Georgia A Bi 9,or s ATP No.3-13-0011-040-2017 BF-16 '` Page 127 of 158 Contract for Rehab of Air Carrier&General Aviation Apron ! w ==\ 2 | )/ 1 \ z \ \ , z a ■ [ . . z | f § c [ g - . \ { < | i c § } , wa< 7 } . 3 a - } \ ' { B� E I £[ < } k . f ■ 3 \7 ' } i ` ■ $ - \}} § E 7f7 % ■ % . _ : 2 c* 0 { < tD 1 # a GI ii . ■ ( ® 5. G ) / g o ° ( & ! \ § S a ` � ( } . { § g V j )_ _ k \ 2 \ \ \ , } \ 2 < 2 ] i ) / - « . ia { E■ . F } 1 IC n }« ! § E i a @ k } | E \ : \ } Page 128 of 158 Contract for Rehab of Air Camer&General Aviation Apron LETTER OF INTENT Disadvantage Qusiness Enterprise (This page shall be sub MIed for each DBE firm) Bidder/Offer Name: McCarthy improvement Company Address: 5401 Victoria Ave. City: Davenport State: IA Zip: 52807 DBE Firm: DBE Firm: /ti fkix."k/r-c 1 ,c, 1 Address: f/cJ ca.c.�Kr,7r-T" ,/2t L City: r.-i.sn„ State: G.1 Zip: .3o.2,a 3 DBE Contact Person: Name: fend r Are-Z_ Phone:(7-x7) Sow- 94/7 DBE Certifying Agency: G Doi— Expiration Dater Q.CZ019 Each DBE/7rrn shag submit evidence(such as a photocopy)of their status. Classification: CJPrime Contractor Subcontractor DJoinl Venture ❑Manufacturer ❑Supplier Work lbm(s) to be performed by Description ofnt item Quantity Total DBE maul r►$, .,�� �tlrr� t�_ II 010acc�,oo The Bidder/offeror Is committed to utilizing the above-named DBE firm for the work described above. The estimated participation is as follows: DBE contract amount: $ t ��o eC°0 Percent of total contract: g 3 % AFFIRMATION: The above-named DBE firm affirms that it will perform that portion of the contract for the estimated dollar value as stated herein above. By t/rJ "In the event the biddsr�lolferor does not receive award of the prime contract,any and all representations in this Letter of intent and Affirmation shall be null and void. Rehabilitate Air tinier and GA Apron Ph 2 Issued for Bid Augusts Regional Airport,Augusta,Georgia Bid Forme ATP No.3-13-0011-040-2017 April 9,2018 BF-16 Page 129 of 158 Contract for Rehab of Air Carrier&General Aviation Apron UI C N Vi C n S v CO v P W n <• 01 C F?a3 + s gi .ei i' aNo ,;;1 1 y � 91 A j olieIf 1 1 • $ g.gi m at g CW C, w 1 it kN1: -47 , • D � , N ci t'J Contract for Rehab of Air Carrier&General Aviation Apron Page 130 of 158 _ A i Eim D S• 0 t 1 � A.� 9 �"II ,r 2.11 tray go eS. Z Cin s 7 a =- a ro,. . . , , . . ,.....,,, , i a g a 1 41.,(011) Ni,,,..,:-. .,,,.•-, ..40,1 , -., , -.. MSG .,. ... ID las i awn11 Z. ct 3 ma CO P 4 . 6.) 3 0cl CO , f 14 (1) cl .... ',,' • f 11 Page 131 of 158 Contract for Rehab of Air Carrier&General Aviation Apron LETTER OF INTENT Disadvantage Business Enterprise (This page shall be submitted for each DBE firm) Bidder/Offer Name: McCarthy Improvement Company Address: 5401 Victoria Ave. • City: Davenport State: IA Zip: 52807 DBE Firm; DBE Firm: _Cots{r irk ir3 address: 0-k.)0 City: t'•art-et)ss State: 6-1:2,- DBE GP DBE Contact Person: Name: 9� 1cif�[� $ Rp o S C Phone:( I AR ?O (? j DBE Certifying Agency: 650t (STN-)l _ Expiration Date:4 So ZOi 9 Earn DBE Firm shell submit evidence(such as a photocopy)of their status. Classification: LJPrtme Contractor ,bcontractor OJoini Venture ❑Mararfacturer ❑Supplier Work Item(s) to be performed by Description of Work Item Quantity Total DEE frfi tS-4P4 b?Odwerr,a„Ti T ,-n.+►- IIi 350,00o.oo The Bidder/offeror Is committed to utilizing the above-named DBE firm for the work described above. The estimated participation is as follows: DBE contract amount: $ 3 SoI 0 00.Dp Percent of total contract: 2.1 0 % AFFIRMATION: The above-named DBE firm affirms that it will perform that portion of the contract for the estimated dollar value as s rein above. By: - . •In the event the bi ror does not receive award of the prime contract,any and dl representations In this Letter of Intent and Affirmation suet be nut end void. { F { Rehabilitate Air Carrier and GA Apron-Ph 2 Issued for Bid Augusta Regional Airport,Augusts,Georgia Bid Forms AIP No.3-13-0013-040-2017 Apel 9,2018 BF-16 II Page 132 of 158 Contract for Rehab of Air Carrier&General Aviation Apron . . .. »: � w w� . . . . \ y . . .�. . . . . . . . . : .�a . 8) r J R §m f _ 0 / 37 , G ? , } n§ f2 i \ 0. O ` < 9 . 0 ( / 2 i « § g ■ 30 - « - < § $I . c \ ( , 6T / • g 2§ ' il( - 2 f II I \ £ E ( / ( I » - w / $ a { § ~ ` \ J rr I E-1 k� E . ` j o m it \ / » q ! .. ■ i e IT k < II a : , �I I " ■ : ( k ` R \ § / ` 1:1 ` a \ z ` 8E. K ) jri aI 0 1 ] il U ` k t EV / t E . £ 2 X a m # \ � Contract for Rehab of ArC�e&General wwalo Apron Pagel 3 of 158 c�= • CITY OF ATLANTA SUITE 5100 Rusin'Reed 68 Mitchell Street Mayor ATLANTA,GA 30301 OFFICEOF CONTRACT COMPLIANCE (404).330-60J0 Fnx:(404)658.7359 Luny Scott Inlernel tine PawIY,x zr : xwwrLe�s ..1 August 17,2017 Mr.Ernest Lopez ill Atlanta Paving&Concrete Construction,Inc. 6825 Jimmy Carter Blvd.,Ste 1400 Norcross,GA 30071 Dear Mr.Lopez: Your company was certified on September 9,2015.As you may know,The City of Atlanta's EBO program has been revised to gram certification for five (5) years. Whereas your previous letter noted an expiration date of September 9,2017,your new certification period has been extended for three (3) years. Your certification will now expire on September 9, 2020. Your revised certification letter is attached and replaces your previous letter. During the certification period,you are required to submit an Affidavit of No Change every two (2)years in order for your certification to remain current. Please submit the attached form no later than September 9,2017,if you have not already done so. Please contact my office if you have any questions or need any assistance regarding this correspondence. Sincerely, 7 2441 Larry Scott,Director Mayor's Office of Contract Compliance LS/mp Contract for Rehab of Air Carrier&General Aviation Apron Page 134 of 158 .co. LETTER OF INTENT Disadvantage Business Enterprise (This page shaft be submi ted for each DBE firm) Bidder/Offer Name; Atc(arth)Improvement Crimper* Address: 5401 Victoria.Ave. City: Dmenpon State: IA Zip: 52807 DBE Firm: DBE Firm: Patterson-Brown&Associates Address: 3452 Camak Drive City: Augusta State: Georgia Zip:30909 DBE Contact Person: Name: Brenda Brown Phone;(706 i 945-2173 DBE Certifying Agency: Georgia Department of Transportation12018 Facpiration Data:11/2018 Each DDE nem Me submit evid*nc.(such as a photocopy)of Mak certNcation status. Cla afficetlon: ❑Prime Contractor OSubcontractor ' 1�Joint Venture ❑Manufacturer °Supplier Work Items) to be performed by Description of Work kern Quantity Total OBE Access Control.Escorting.Dust Control W6111111111150,octo.00 1 J 1 1 The Bidder/offeror is committed to utilizing the above-named DBE firm for the work described above. The estimated participation is as follows: OBE contract amount: $ WIRIMMIL ISo,00O.00 Percent of totat contract: l•l le 1 9re ! AFFIRMATION: The above-named DBE firm affirms that It will perform that portion of the contract for the estimated dollar i value as atate� l�rein above. ' l/ By. r.,,,, .1;1..! .,..---— CEO >`(6194tura) 1 Oak) •in the event the bidder/offeror does not receive award of ate prime contract,any and all represmiona to this leti Letter of intent and ATRrmetion shall be nut and void. ' t t Rehabilitate Air Carrier and GA Apron-Ph 2 issued for Hid Augusta Regional Airport,Augusts,Georgia ATP No.3-13.00J1-040-2017 Bid Forms BF-16 April 9,2018 i Page 135 of 158 Contract for Rehab of Air Carrier&General Aviation Apron j NIa7 cq N as Yp O U ,' V m z x ! d d I' ,S SO ry J> ��pp }z�j ii 7.Ij x > d g > i Ig 1 s `. of I > ' 1 z *g d ti3 R' C Q O d b N m s gat z = �" I F 1U v i Page 136 of 158 Contract for Rehab of Air Carrier&General Aviation Apron LETTER OF INTENT Disadvantage Business Enterprise (This page shah be submitted for each DBE firm) Bidder/Offer Name: McCarthy Improvement Company Address: 5401 Victoria Ave. City: Davenno--n ri---_ State: IA --�_7Jp; 52807 DBE Finn: DBE Firm: Ile r-n ti b n Xi"C Address: Pb 1'50)(340 City: L - state S_Z1p: DBE Contact Person: � Name: �iQhrtc ►'✓tiltrt, ph,'r�Xl7 DBE Certifying Agency- 5C t) (5 7 Ex t-r tv n Each GIBE Firm shall submit o Pfragon Date: rt 2_ _7 'e(such as a photocopy)of their cerNAeeNpr status. Classification: ❑Prime Contractor la ubcontractor OMa�ac r OSuppiier L7Joint Venture Work Items) to be performed by Description of Work Item DBE Quantity Coe-rnw L$artA YS �= 4oDoo, .2o The Bldder/offeror is committed to Miring the above-named DBE firm for the work described above. The estimated participation is as follows: DBE contract amount: $ 40000 .Q 0 Percent of total contract: t).3 yb AFFIRMATION: The above-named DBE firm affirms that it will perform that portion of the contract for the estimated dollar value as stated rein above. By: , r..' ° ` rt ` /• In the eventbidder/offeror does receive award of the prime contract any and all representations In this Letter of intent and Affirmation shall u0 end void. Rehabilitate Air Carrier and GA Apron-Pb 2 AP No.3-13-0011-040-2017RegionalAugusta 8 Georgia Issue for Bid Bid Forma BF-16 April 9,20I8 Contract for Rehab of Air Carrier&General Aviation Apron Page 137 of 158 IP s 7 L ii . » / • § ■ ) ■ "} i>1 { v jiI � \ . I'! / . ■ ■ , / 2 } 1 0 ° 2 ` m $ / 2 �_ . ` » 2 2 . } ■ \ fill 4.6 j a ■ \ f _ » 7 J 2 2 ,,l,, / , £ / } .. § ■ § ) & ° i \ ; © 7 : / ! . } . a z } p . > Ea ƒ 7 \ 7 f k N / > § § § - § ■ ( I ■ ■ ■ .. f , c z / k is , - � e I � Contract for RhboArCarrier&General Aviation Apron Pagelao 158 BID FORM (Failure to furnish all requested data will be cause for considering BIDDER non-responsive and may render this BID invalid on that basis.) REHABILITATE AIR CARRIER AND GENERAL BID FOR: AVIATION APRON-PR II AIP No.3-13-0011-040-2017 Augusta-Richmond County SUBMITTED TO: Attn:Procurement Director 535 Telfair Street,Room 605 Augusta,GA 30901 SUBMITTED BY: Inc Colt ly/3PROue ei"7 C ft PAwt`l e,oacee Name 54-0i uiCir,&i I fFVENt.t Address to At/Goa Pact4- IA S2fiZ,7 City.State and Lp Code J SG/ 3sct-0321/C63 344-3740 4///2 Ole prgna!Fax Date Completed 1. The undersigned,hereinafter called Bidder,In compliance with the"Notice to Bidders"accepting all of the terms and conditions of the"instructions to Bidders,'including without limitation those dealing with the disposition of the Bid Security;proposes and agrees,if awarded the Contract,to enter into an agreement with the Owner utilizing the form Contract Included in the Bid Documents. Bidder shall furnish all materials,equipment,machinery,tools,apparatus,means of transportation and labor necessary to complete the work to be performed under the Contract within the time indicated in the contract,in full and complete accordance with the shown,noted,described and reasonably intended requirements of the Contract Documents,to the full and entire satisfaction of the Owner,for the amounts contained in this Bid Schedule. 2. This Bidder's bid shall remain open for sixty(60)days after the day of Bid opening.If awarded a contract, Bidder will sign the Contract and submit the Contract Security and other documents required by the Contract Documents within fifteen(15)calendar days after the date indicated in Owner's Notice of Award. 3. In submitting this Bid,the Bidder represents that: a. Bidder has become thoroughly familiar with the terms and conditions of the Bid Documents accepting the same as sufficient to indicate understanding of all the conditions and requirements under the Contract which will be executed for the Work. b. Bidder has examined the site and locality where the Work is to be performed,the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent Investigations as Bidder deems necessary. Addendum#3 Rehabilitate Air Carrier and GA Apron-Ph 2 Forms Augusta Regional Airport,Augusta,Georgia AprilBid 9,orms ATP No.3-13-0011-040-2017 018 BF-1 1 Page 139 of 158 Contract for Rehab of Air Carrier&General Aviation Apron c. This Bid is genuine and not made in the interest of or on behalf of any undisclosed firm or corporation and is not submitted in conformity with any agreement or group,association,organization or corporation;Bidder has not directly or indirerules of any ctly induced or solicited any other Bidder to submit a false or sham Bid;Bidder has not solicited or induced any person,firm or corporation to refrain from submitting a bid;and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. d. No member of the Augusta Board of Commissioners,Aviation Commission or other officers or employees of said Owner Is interested directly or indirectly in the bid or in any the bid or in the Contract or any part of the Contract which may undersigned on the basis of such bid portion of without such full disclosure be awarded the e• It is a condition of this bid and anysubsequentbeing made and it shall be made a condition of each subcontract entered into contract entered Into pursuant to this bid, contract that the Contractor and any subcontractor shall not require to the mechanic employed in thesquire anyila prime workingperformance of the contract to work in borer to conditions which are unsatisfactory,hazardous, surroundings a under safety,as determined under Construction Safety analth Standards,Title 29,CFR Part 1518 36FR7340, dangerous to his/her health or promulgated by the U.S.Secretary of Labor,in accordance with,Section Stat 96;that is further condition 107 of the Contract Work hours and Safety Standards act, of this bid that Bidder shall be solely responsible for the enforcement of such and Health Standards,and that Bidder fully understands that the Owner representatives will not assume any liability resulting from the Cont Construction p lice and enforce all such standards. and Its authorized Contractor's failure to police f. The description under mention, all incidentalsder each bid thd[item,teebrbriefly stated, implies,although It materials and incidentals as pricesstated are intended to cover alt such snkt Specifications, and any detailsanotspecifically Bidder's obligations as work,h Contract shall be compensatedpecifically mentioned, but evidently yiincluudedtIn the for in the hem which most logically includes it. 9. The unit prices bid include all applicable taxes and fees. Bids shall also include appropriate provisions for price escalation for materials and labor including but not limited to increases In federal,state and local sales taxes and income or FICA taxes, 4. Contract Time:Bidder agrees that: a The work will be completed within the timeframes d the Construction Documents. ascribed in the General Provisions and b. Bi Bidder shall commence Notice o work with an adequate force and equipment at the time stated In athProceed,and complete all work by the dale established in said Notice.Bidder llowed by the Contract Documents and approved by legal wee. holidays except as specifically the Owner. c. The quantities of work listed In the Bid Schedules are assumed solely for the comparison of bids. Compensation will beXbasedEu o are unit price bid and the ACTUAL quantities of work performed in a Contract Documents and as accepted by the ENGINEER. upon the accordance with the 5. Bid Schedule: See attached Pages BF-3 through BF-10. Rehabilitate Air Carrier and GA Apron-Ph 2 Augusta Regional Afrport,Augusta,Georgia ANo.3-13-0011-040-2017 Addendum#3 Bid Forms BF-2 April 9,2018 Page 140 of 158 Contract for Rehab of Air Carrier&General Aviation Apron wooer South Carolina Department of Transportation January 24,2018 Ms.Frances Herndon Herndon,Incorporated Post Office Box 36 Lugoff,SC 29078 RE: Disadvantaged Business Enterprise Certification Dear Ms.Herndon: This is to inform you that we have received the annually required documentation from your firm pursuant to DBE Federal Regulations. Upon careful review and evaluation of the information provided,it has been determined that your firm continues to meet the eligibility standards described in Federal Regulation 49 CFR Part 26(Subparts D and E).Therefore,your firm is approved for continued participation with the DBE Program in the following areas of work: Herndon,incorporated Area of Work:Seeding,clearing, Post Office Box 36 pine straw wholesaler,storm Brai d hauling(2),grubbi Lugoff;SC 29078 Contact:Frances Herndon erosion control. (803)438-1078 NA7CS. 561730,484220,238910 Website: Your next annual update will be due on 2/20/2019.Prior to that date,the Department will notify you of your film's update requirements. Yon must report to this office any changes in ownership, management,control,and location of your firm within 30 days of those changes. if we may be of further assistance, please contact Gary Linn, DBE Program & Compliance Manager at 803-737-4672. Sincerely, Greg Davis Director,Minority and Small Business Affairs GQD:nd-NewLOCE File:DBE/GL Pow On co Bpm lel Cnlamh;s.So,Ah Csrohns 21(,2-0 w EQUAL OP AFFAIAMATIVE FORIVNiTI' ACTION EMPLOYEFI Page 141 of 158 Contract for Rehab of Air Carrier&General Aviation Apron UTILIZATION STATEMENT Disadvantage Business Enterprise(DBE) The undersigned Bidder has satisfied the requirements of the bid specification in the following manner.(Please mark the appropriate box) lit The Bidder is committed to a minimum of )3.3 %DBE utilization on this contract. t] The Bidder, while unable to meet the DBE contract goal of %, hereby commits to a minimum of %DBE utilization on this contract and submits the attached documentation as evidence demonstrating good faith efforts (GFE)In seeking participation by certified DBE firma. The undersigned hereby further assures that the information included herein is true and correct,and that the DBE firm or firms identified within the submitted Letter-of-Intent forms have agreed to perform a commercially useful function for the Indicated work elements. The undersigned further understands that no changes to this statement may be made without prior approval from the Owner and the Federal Aviation Administration. McCwzTH'4 Irv14CJVC—elervT CJ1nPNr+7 Bidders/Offerors Firm Name • Signature - Date DBE UTILIZATION SUMMARY Contract amount _ DBE Amount Contract Percentage s 1 t• Soo.•0 DBE Prime Contractor 7S x 1.00= s t1f.3otcoo 11..(.o oA DBE Subcontractor $ x 1.00= $ DBE Supplier_ DBE Manufacturer $ 9/aoo.eo x1.00= j $_14,4)00 '.10 % Total Amount DBE l S 117.21,50 0 1.3-3 DBE Goal J $ I l U3 C6 13.• 3 If the total proposed DBE participation Is less than the established DBE goal,Bidder ropo er must provide written documentation o1 the good faith efforts as required by 49 CFR Pan 26. All participation will be calculated in a000rdance with 49 CFR Pert 26 end Ifs applicable subparts. Rehabilitate Air Carrier and GA Apron-Ph 2 Addendum*3 Augusta Regional Airport,Augusta,Georgia Bid Forms AIP No.3-13-0011-040-2017 April 9,2018 BF-18 Page 142 of 158 Contract for Rehab of Air Carrier&General Aviation Apron Description of Good Faith Efforts If you will not meet the Disadvantage Business Enterprises(DBE)goal set forth in the solicitation in addition to the information included on the Statement of Interested Subcontractors and Statement of Bid Proposals/Price Quotations submitted with your bid/proposal,please provide a narrative explanation of why you cannot meet the DBE goal and the steps taken to include DBEs in your proposal/bid.Describe specific actions(i.e.phone calls,etc.).Please provide copies of any solicitation notices sent,whether by email,fax or mail,and the amount of time given for response. Describe efforts to follow up initial communications. Identify the individuals from your organization who performed these activities.Attach additional pages as needed. I hereby attest that I have exercised good faith efforts to meet the City's federally required Disadvantaged Business Enterprise goals for this Project.Despite such good faith efforts,I have not been able to meet the DBE a•al for this Pr• .ct. 4. S:nature St�rr E. ►au7TER paresrnr., Name and Title(typed or printed) YY)ccRRrky r,ytPR+JUC-rnc--Air (U.nPes4,/ Name of Firm Rehabilitate Air Carrier and GA Apron-Ph 2 Augusta Regional Airport,Augusta,Georgia Addendum#3 AIP No.3-13-0011-040-2017 Bid Forms BF 19 April 9,2018 • Page 143 of 158 Contract for Rehab of Air Carrier&General Aviation Apron CONTROL °ch0STATE OF GEORGIA n N /AUTH/ ED :Marz ,1987 Secretary of State JURISDICTION : Iowa Corporations Division PRINT DATE : 5/24/2013 31:55:29 AM 313 west Tower *t2 Martin Luther King,It.Dr. Atlanta,Georgia 30334-1530 CERTIFICATE OF EXISTENCE I,Brian P.Kemp,the Secretary of State of the State of Georgia,do hereby certify under the seal of my office that MCCARTHY IMPROVEMENT COMPANY A Foreign Corporation was formed in the jurisdiction stated above or was authorized to transact business in Georgia on the above date.Said entity is in compliance with the applicable filing and annual registration provisions of Title 14 of the Official Code of Georgia Annotated and has not filed articles of dissolution,certificate of cancellation or any other similar document with the office of the Secretary of State. This certificate relates only to the legal existence of the above-named entity as of the date issued. It does not certify whether or not a notice of intent to dissolve,an application for withdrawal,a statementof commencement of winding up or any other similar document has been filed or is pending with the Secretary of State. This certificate is issued pursuant to Title 14 of the Official Code of Georgia Annotated and is prima-fade evidence that said entity is in existence or is authorized to transact business in this state. 7/74. .\4).% %CV 3 . F ; •i404I 413-v 9,Y ,-4\ • /,c/2 , ; - 4 Brian P. Kemp `� �� Secretary of State � lt� 776� Tracking a:EALkUjkj Page 144 of 158 Contract for Rehab of Air Carrier&General Aviation Apron sls'rr. STATE OF GEORGIA Brine P.1Cemp,Secretary of State f tJ of/ Board for Residential and General Contractors General Contracts Qualifying Agent License No.OCQA00320D Status:Active Lawrence Patrick Bush 590 Means St NW,Ste 100 Atlanta GA 30310 Expires:6/30/20l b Company Name:McCarthy IImp�rro�vement Company Issued:6/13/2011 Company Lige:GC00003191 liii IUI1� Real-dine hom.evarjnenslea is aiUUb4 at aw.awrrjkiov/vm Above is your license issued by the Georgia State Board of Residential and General Contractors. A pocket-sired license card is below. Please make note of the expiration date on your license. It is your responsibility to renew your license before k expires. Lieeme renewals may be completed prior to the expiration date via the Boanda website or by obtaining*paper renewal flow the Board office. Reminder: It is your responsibility to keep your insurance current. Pleasede the Board with a copy of !� your Certificate of Insurance each time your insurance is renewed. The Board does receive copies of cancellation notices which will affect the status of your license. It is the licensee's responsibility to notify the board office immediately of any change of name or address.You may update your address online at the board's website at www-soa.Eagov/p1h/contractore!. You may contact the Board at: GEORGIA STATE BOARD FOR RESIDENTIAL&GENERAL CONTRACTORS 237 COLISEUM DRIVE,MACON,GEORGIA.31217.3650 478-207-2440(phone) Website: www.soa.sa.sov/plwewraac»«>r STATE OP GEORGIA (z°" Brian Limp.llseraterinfjftase %kJ, Board for It , dr. hI sadp Os anal Coatesemns Cita" Ate* e • 61NMaassINrookee NW He NUM*GA 3g318 laved:143/201 CoapEpiaa i3QOla �Limon�i191 1:44 rs Smola wtirxea L waibllr r saaaamglapwN,a Page 145 of 158 Contract for Rehab of Air Carrier&General Aviation Apron CONTRACTOR'S BID FORM Page 146 of 158 Contract for Rehab of Air Carrier&General Aviation Apron BID SCHEDULE—BASE BID Location of Project:Augusta Regional Airport,Augusta,Georgia Title of Project:Rehabilitate Air Carrier and General Aviation Apron-Phase II Line - - - No. item No. Item Description Est.Qty. Units Unit Price Bid Amount 1 X-100.1 Mobilization,Cleanup,and Demobilization 1 LS III 251a0o,oq j122S1 000.oo 2 X-100.2 Airfield Safety and Traffic 1 LS — — Control i 500,000.00 S00,0 Do,c70 Asphaltic Concrete 3 P-101.1 Pavement Removal,Full 43965 SY 1 I,oo 1.L8 3,(o IS,00 Depth,Remove Off-Site Asphaltic Concrete —4 P-101.2Pavement Removal,Full 10735 SY '1 Depth,Stockpile On-Site S,o o $3t to�l S. D o 5 P-101.3 i Cold Milling i 7920 SY i4.p0 Ii0 82o.co 6 P-101 4 PCC Pavement Removal, 1 Full Depth 247 SY 1 110.oo 2.71 170.00 7 X-150.1 Remove Storm Sewer Pipe, 408 LF —— Size Unknown 25.00 101 200.00 8 X-150.2 Remove Storm Sewer Pipe. 2. 16-1och 666 LF S•00 He,,/DO.00 9 X-150.3 + Remove Storm Sewer Pipe, '36-Inch 1308 LF 3 0,00 3 91 2.40.OO 10 X 150.4 Remove Storm Sewer Pipe, — — 24'x38"Elliptical 426 LF 3 v• op i 21-750.OU 11 X-150 5 Remove Storm Sewer Catch Basin Structure 14 EA g 7 S,pb i2-1ZSD.00 12 X-150.6 Remove Storm Sewer 2 EA ---. Headwall 41o,00 .3 20,00 13 X-150.7 Remove Taxiway Edge Light 7 EA 330,.0 2 3 I 0.00 14 X-150.8 Remove Pavement 6461 SF — __ Markings 3.00 19,3$3,Op 15 X-150.9 I Remove Tie-Downs 6 EA I1 OOD•OD tp DUO ,pl7 Rehabilitate Air Carrier and GA Apron-Ph 2 Addendum 43 Augusta Regional Airport,Augusta,Georgia Bid Forms Alp No.3-13-0011-040-2017 April 9,2015 BF-3 Page 147 of 158 Contract for Rehab of Air Carrier&General Aviation Apron BID SCHEDULE—BASE BID Location of Project:Augusta Regional Airport,Augusta,Georgia Title of Project:Rehabilitate Air Carrier and General Aviation Apron-Phase 11 Line — — No. Item No. Item Description Est,Qt Units _ Y- Unit Price :::n1t X_15p10 Remove Existing ElectricalI000 17 X-150.11 F Remove Airfield Security 100 1— ------—_. 18 P-151.1 Clearing and Grubbing 2 AC 4rr9po•oo l3r$oo.(PO 19 P-152.1 Unclassified Excavation, Orf-Site Disposal 35337 I CY4. D o 20 I P-152.2 Su rade Pre -- b9 Preparation 54934 SY 1 2 a 661 412 0.S 21 ! P-154.1 need Aggregate Base ; Course(6'Depth) 9040 CY 501,52-0 ,00 22 P-156.1 i Installation and Removal of 1 Sift FenceType A 55(>0 LF 23 P-156.2 Inlet Sediment'Trap 27� EA I15,p� 3 , l0� .0O 24 i P-156.3 Stone Finer Ring 1 ? — EA •--.-'.O0 lrsoy.UO 25 P-156.4 Floating Surface Skimmer — �TijVD.O0 -1tsOD.oD 26 P-156.5 Erosion Control ____ — — Blanket/Matting 6500 SY -- 2 0 0 1 31 iDOo,vo 27 P-156.6 Rip Rap,Type i,18"Depth 80 — SY 75-.OD __ tial DOO,00 28 P-156.7 Water Quality Monitoring — i 2 EA .3s5-, uV _7.1 p ,Do 29 P-156.8 Water Quality inspections 13 ' —and Sampling — Mo If DSC,r>0 a2.. , 4-0.00 30 P_156.9 Crushed Stone Construction Outlet 2EA I ISOV,00 3/{9 Do.00 Rehabilitate Air Carrier and GA Apron-Ph 2 Augusta Regional Airport,Augusta,Georgia Addendum#3 P No.3-13-0011-040-2017 Bid Forms MP BF-4 April 9,2018 Contract for Rehab of Air Carrier&General Aviation Apron Page 148 of 158 BID SCHEDULE—BASE BID Location of Project Augusta Regional Airport,Augusta, Georgia Title of Project:Rehabilitate Air Carrier and General Aviation Apron-Phase it Line Item No. _—_— II No. Item Description —_____ tEst.Qty. Units Unit Price Bid Amount 31 P-156,10 Erosion Control Mobilization 1 LS c1aDO,o0 5,/oco,op Emergency Erosion Control 32 P-156.11 Mobilization y IS 5�000.op Sf000. oD 33 Pavement Millings-Access K-220.1 -__ _. Road 10735 Sy _T- _ i2,ao i28j,23Zo,00 34 P-304.1 Cement TreatedBase z3 so Course(10°Depth) 13543 gy 31 Bf 24p so 13 35 P-304.2 ' Cement Treated Base tJ0 l Course(12"Depth) 38946 SY __ 2B,SO I it1091`1101,00 36 P-304.3 Portland Cement for Cement Treated base 2731 i CWT . 37 P-401.1 GW al Concrete Surface 2795 TON 1 200,rip 551 ! 1Ooo,o0 38 P-509.1 I Portland Cement Concrete vement(14'Depth) 11803 Sy _______________ 76'.00 4655 1 2.1.-S.00 I i Pa 39 P-5012 Portland Cement Concrete — Pavement(11°Depth) 38621 Sy r'D'ou I2.31"1, 2bo,op i1 40 P-501.3 Pond Cement Concrete Pavement(10'Depth) 8377 L__.__. 90.00 S?3,g3a.op 41 P-509.4 Portland Cement Concrete 1903 , Pavement pt ) _---_— Gk.o v 11; 27 D.00 42 i K-505.1 Portnd Curing Facility Cement Concrete i LS 1501000.00 1$Of,,,,or0,, ' 43 P-605.1 r Joint Sealing Filler 1i-' 75041 LF -' 3 00 225f 12 0 3 0 44 P-620.1 1Permanent Pavement — Marking 22979 SF __ ______ — 3,00 ,,_819.77, ap j 45 D 701.1 'Concrete Sewer Pipe,12- -' y i Inch,Class ill — 72 LF �{Z.ov 31024.0o Rehabilitate Air Carrier and !— �— Augusta RegionalGAAp non-Ph 2 Airport,Augusta,Georgia Al?No.3-13-0011-040-2017 Addendum 43 Bid Forms BF-5 April 9,2018 Page 149 of 158 Contract for Rehab of Air Carrier&General Aviation Apron BID SCHEDULE—BASE BID Location of Project:Augusta Regional Airport,Augusta,Georgia Title of Project: Rehabilitate Air Carrier and General Aviation Apron-Phase II LinNo. Item No. Item Description Est.Qty. Units Unit Price Bid Amount 46 D 7012 Concrete Sewer Pipe,18- Inch,Class III 48 IF $ OO 2I 11bo.to 47 0-701.3 Concrete Sewer Pipe,30- 462 Inch,class m LF 1 Z .00 3 3,Z64,00 46 D-701.4 Concrete Sewer Pipe,36 Inch,Class V 160 LF l'j DO l�I,Loo,aO 49 D.701.5 Inch ConcClasste Sewer Pipe,42- 784 LF Concrete Sewer Pipe,48- — 60 D-701.6 Inch,Class V 48 IF 10.00 8/Cpl.().00 51 D-701.7 Concrete Sewer Pipe,54- Inch,Class V 1,240 IF 220.00 2721 So0.00 6-Inch Perforated -- — 52 0-705.1 I Polyethylene Pipe,Schedule 2,475 LF Z3,00 5�i92s.00 53 p X05,2 Underdrain Clean-Out,Type 5 EA aid ---— lOO.Op 4'Soo,t2D 54 D-705.3 Underdraln Clean-Out,Type 11 9 EA 11000.00 ci?Doc,.00 55 D 751.1 Storm Drain Manhole,84- Inch,H2O Rated 8 EA 9 000,00 7 21 ow,ob 56 D-751.2 Catch Basin,Type A 1 EA Ili 000,0o (llog0,op , 57 D-751.3 Catch Basin,Type B 1 E,y — 1 2000.00 it 000.00 1 1 56 D-751.4 Catch Basin,Type C 2 EA 15 soov.o0 301 taoo.00 59 D 751.5 Connect Storm Sewer Pipe I to Existing Storrs Line 2 EA j i aOp Op (01000.O t� 60 D-751.6 ! Connect Storm Sewer Pipe J to Existing Storm Structure 1 EA bi DOo,00 `s.IODO.0O Rehabilitate Air Carrier and GA Apron-Ph 2 Augusta Regional Airport,Augusta,Georgia Addendum 113 AlP No.3-13-0011-040-2017 Bid Forms BF-6 April 9,2018 Page 150 of 158 Contract for Rehab of Air Carrier&General Aviation Apron BID SCHEDULE–BASE BID Location of Project:Augusta Regional Airport,Augusta, Georgia Title of Project:Rehabilitate Air Carrier and General Aviation Apron-Phase II Line — _-___---- Item No. Item Description 61 fEst.Qty. Units Unit Price Bid Am;runt 61 D 751.7 Detention Pond Riser,42- Inch p Inch 1EA �,I ODroo 31 lop. f 62 D-751.8 Drop Inlet 1 i --_____-- EA _________ T 81 240,00 x,1200,0c-.? 63 0-752.1 Concrete Headwall 5 — 441700.00 2 3rSp0,00 i i 64 0-752.2 Concrete Cut-off Wan 1 EA j 3 / 0.00 3 100.0 0 65 T-901.1 Seeding 5 AC rr�^'�� t gr75-0,o0 66 1 T-901,2 Seeding,Staging Area i 5 AC l, 50.ov 8 1750 otJ 67 T-905.1 Topsoi g(Obtain on Site or — Removed from Stockpile) 958 CY 15,0° I41131v,00 1 68 I T-905.2 .Topsoiiing,Staging Area — —�_ 1 13.00 351900.00 69 L-108.1 #8 AWG,5 kV Power Cable 389 1,00 r 2723.od 70 1-108.2 counterpoise Wire w/ Groundetg Rods 877 6,,p D 5 n / .4,2, 00 71 L-108.3 Jum�r�Cable AWG,5 kV 200 IF 17.00 Ir 4-00 ,00 2-way,4-Inch PVC. P 72 1-110.1 Concrete Encased Type I 250 LF Electrical Duct Bank 5 U t�j{Stj 0,00 4-way,2-inch PVC, 73 2 Concrete Encased Type 480 L-110. Electrical Duct Bards LF by o p —I .. i 74 L-115.1 Electrical Junction Structure, — — Aircraft Rated EA 9 300,00 .2-7,9 co .o o 75 L-125.1 L861T MITL,LED,Elevated I Taxiway Fixture EA -pg-Los) sic'''.O c) Rehabilitate Air Cornier and GA Apron-Ph 2 Augusta Regional Airport,Augusta,Georgia Addendum#3 AlP No.3-13-0011-040-2017 Bid Forms BP_7 April 9,2018 Contract for Rehab of Air Carrier&General Aviation Apron Page 151 of 158 BID SCHEDULE—BASE BID Location of Project:Augusta Regional Airport,Augusta,Georgia Title of Project: Rehabilitate Air Carrier and General Aviation Apron-Phase II Line Item No. Item Description EM.Qty. Units Unit Price Bid Amount No. Directional Bore 4 W-2' 76 X-110.1 270 IF ^-7 v--_ _14 Schedule 80 PVC +9,a)O 2 1 1 33o.00 77 F-162.1 Chain Link Fence 100 IF 31. 00 3,/o o, oo Total Base Bid= lit 2-64.2.40 • 3o BID SCHEDULE—BID ALTERNATE 1 Location of Project:Augusta Regional Airport,Augusta,Georgia Title of Project: Rehabilitate Air Carrier and General Aviation Apron-PH II ( Line ;L No. Item No, 1 Item Description Eat' Units Unit Price I 8!d Amount i f X-100,1 Mobilization,Cleanup,and Qty. 1 LS ---- '-------_ Demobilization 5`3,600.0o 58 too o.o0 Airfield Safety and Trarfic -_--__ 2 X-100.2 Control 1 LS 51000.p0 5-10„„,00 Asphaltic Concrete 3 P-101.1 Pavement Removal,Full 11,864 SY 14 00 14,(0,01/0.0o Depth,Remove Off-Site 4 P-101.3 Cold Milling 133 SY 31.00 r 1,i92-( ,00 5 X-150.2 Remove Storm Sewer Pipe, ZS 413 LF 18-Inch , oo iU132S.DO 6 X-150.5 Remove Storm Sewer Catch 2 1 Basin Structure E c.v 0 1 j-K0. 00 7 X-150.8 Remove Pavement i Markings 3,518 SF l, 6 O 51 6,28 So 8 X-150.9 Remove Tie-Downs 25 EA 950,40 23 '75o,00 i 9 P-152 1 Undasslried Excavation,Off- I Site Disposal 3,035 CY 20 o p jo 01 JO.07 1 Rehabilitate Air Carrier and GA Apron-Ph 2 Addendum#3 Augusta Regional Airport,Augusta,Georgia Bid Forms AIP No.3-13-0011-040-2017 April 9,2018 BF-8 • Page 152 of 158 Contract for Rehab of Air Carrier&General Aviation Apron BID SCHEDULE—BID ALTERNATE 9 Location of Project:Augusta Regional Airport,Augusta,Georgia Title of Project:Rehabilitate Air Carrier and General Aviation Apron-PH II Line No. horn No. item Description Eet' UnitsTUnft Price Bid Amount Qty. 10 P•152.2 Subgrade Preparation 11,864 jJsvJ i 1 . t _____ 3a 1SIr{2 .Za 11 I p-154.1 Uncrushed Aggregate Base -- Course(8"Depth) CY to s,O u I?j(�D'{0 ,O J 12 P-304.1— Cement Treated Base 2,018 i I Course(10'Depth) 11.884 Sy 22 J d _ 2(..G,4i}1i.00 Portland Cement for Cement i 3 P-304.3 532 CWT Treated Base_ —r00 3r 2'�, 0 0 14 P-401.1 Asphalt Concrete Surface _ _ Course 87 TON 3+5.00 30D I5,Do 15 P-501.3 Portland Cement Concrete Pavement(s'Depth) 11,8B4SY ti-,,SO i 54,3 18 1 X-505.1 ! POrtlarid Cement Concrete Curing Facility 1 LS 17 00 17 P-505.1 !Joint Sealing Filler # 17,072 LF 1 2-,$O CZ (v80+ --_ _ (,40,00 18 P-820.1 i Permanent Pavement Marking 3,850 SF I,(p 0 4,114.0,00 6-Inch Perforated 19 D-705.1 Polyethy►ene Pipe,Schedule 100 __ LF x3.00 Zi 30o,00 I _iii ____.._D-705.2 nderdraiCut, ype2_—__ — 1i02o.Oo 21 D-751.4 Conned Stone Sewer Pipe ' to Existing Storm line 1 EA i l 5+200,00 Si 200 .vo T-901.1 Seeding y AC 1,150 .tip' It7 S0,00 23 T-905,1 I. T22 opsoiling(Obtain on Site or j Removed from Stockpile) 28 CY 42,00 Ii I 11(o•00 i Total Bid Alternate 1= If 401,4.39.00 Rehabilitate Air Carrier and GA Apron-Ph 2 Augusta Regional Airport,Augusta,Georgia Addendum 113 All'No.3-13-0011-040-2017 Bid Forms BF-9 April 9,2018 Contract for Rehab of Air Carrier&General Aviation Apron Page 153 of 158 BID SCHEDULE—BID ALTERNATE 2 Location of Project:Augusta Regional Airport,Augusta, Georgia Title of Project:Rehabilitate Air Carrier and General Aviation Apron-PH II tine Item No. Est. j No. Item Description__ Units �+ 1 Qty Unit Price Bid Amount 1 X-100.1 Mobilization,Cleanup,and Demobilization 1 ! IS I 3S,raoo,°o 000.r—moo—�ji 2 X-1002 Airfield Safety and Traffic 1 I LS ? — _ _ 5,0op,,00 j Srooc',o0 Asphaltic Concrete 3 P-101.1 Pavement Removal,Full 930 SY Depth,Remove Ot•1-Site 18.ao ! I(0,7,1-_ _(__;>0 4 X-150.2 18-inch move Storm Sewer Pipe, 413 — -- LF 2,S,Oc, J 2S,00 5 emove Storm Sewer Catch X-150,5 Basin Structure 2 EA X--15018-- Remove Pavement Markings 3517 7 I P-152.2 I Subgrade Preparation 930 SY 3_3'' ' 310(.9 .00 8 i P-154.1 .60 ' ii.Lilt 4 oo Uncrushed Aggregate Base _ — -- Course(6Depth) 211 CY Q 9 P-401.1 nurse Asphalt Concrete Surface864 i - _. -� TON I$p,00 iss, s2o,�_ Perm ,OV 10 P-620.1anent Pavement 3850 �-- Marking SF 2..oo 7oo—_ J17 Connect Storm Sewer Pipe 11 D-751.4 to Existing Storm Line 1 EA 51-oU,oo S r 2.0 o.U0 12 T-901.1 Seeding — --- 1 AC It7So,vu 1,-15o,ou 13 T-905.1 Topsoiling(Obtain on Site or Removed from Stockpile) 28 CY Z _ op Ii I?6. OV Total Bid Alternate 1 Option B= 2 8 26'1, Z[J , BID SUMMARY Rehabilitate Air Carrier and GA Apron-Ph 2 Augusta Regional Airport,Augusta,Georgia Addendum#3 All'No.3-13-0011-040-2017 Bid Forms BF-10 April 9,2018 Contract for Rehab of Air Carrier&General Aviation Apron Page 154 of 158 Base Bid = 111 24 4 7-41 . 30 Bid Alternate 1 Option A = I t 4f 0 9f 431 .00 Bid Alternate 1 Option B = 2 08 2-69 2 v TOTAL BID = 12 942 I5G. So 6. Determination of Low Bidder:Low bidder will be determined based on the total of the base bid plus all bid alternates regardless of the alternates chosen for the project. 7. Execution of Contract:Bidder agrees that in case of failure on its part to execute the said Contract and Bonds within fifteen(15)days after the date indicated in the"Notice of Award'the check or bid bond accompanying this bid,and the money payable thereon,shall be paid to the Owner as liquidated damages for such failure;otherwise the Bid Security or check accompanying this bid shall be returned to the undersigned. 8, Documentation:The following required documents are attached to and made a part of this bid a. Required Bid Security in the form of a Bid Bond payable to the order of the City of Augusta; b. Performance of Work by Subcontractor List; c. Certificate of Prompt Payment 9. Name and business address(mailing and street)of Bidder to which all formal notices shall be sent: scow E. N1.0TEK r Pe.EpSarlEAJT PlcCafun-4 In,PQVVFMF-)Jl &1+1PR/J`_ —.`_4sx U1.L,'1]Y31. _AILENz r- t 10. The terms used in this bid,which are defined in the General Provisions of the Construction Contract as a part of the Contract Documents, have the meanings assigned to them in the General Provisions. 11, Bidder hereby acknowledges receipt of the following addenda: Addendum No. Date 1 Arai& 25",Se IS 201 t 3 MAY 3t2�tt3 • Rehabilitate Air Carrier and GA Apron-Pb 2 Augusta Regional Airport,Augusta,Georgia Addendum#3 P No.3-13-0011-040-2017 Bid Forms MP BF-11 April 9,2018 page 155 of 158 Contract for Rehab of Air Carrier&General Aviation Apron TECHNICAL SPECIFICATIONS Contract for Rehab of Air Carrier&General Aviation Apron Page 156 of 158 GEOTECHNICAL REPORT Contract for Rehab of Air Carrier&General Aviation Apron Page 157 of 158 CONSTRUCTION SAFETY PHASING PLAN Contract for Rehab of Air Carrier&General Aviation Apron Page 158 of 158