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HomeMy Public PortalAboutProcurement Doc - Snow Removal EquipJ' McCALL MUNICIPAL AIRPORT McCALL, IDAHO PROCUREMENT DOCUMENTS AND SPECIFICATIONS FOR UTILITY SNOW REMOVAL EQUIPMENT WITH ATTACHMENTS FAA/AIP PROJECT NO. 3-16-0023-015 January 2009 T-® ENGINEERS 9777 Chinden Boulevard Boise, ID 83714 McCALL MUNICIPAL AIRPORT McCALL, IDAHO PROCUREMENT DOCUMENTS AND SPECIFICATIONS FOR UTILITY SNOW REMOVAL EQUIPMENT WITH ATTACHMENTS FAA/AIP PROJECT NO. 3-16-0023-015 January 2009 T-® ENGINEERS 9777 Chinden Boulevard Boise, ID 83714 McCALL MUNICIPAL AIRPORT FAA/AIP Project No. 3-16-0023-015 January 2009 TABLE OF CONTENTS BIDDING INFORMATION Notice Inviting Bids Instructions to Bidders Bid Additional Bid Forms Supplemental Bidding Information II. CONTRACT FORMS Notice of Award Procurement Agreement Contractor Contractual Requirements Contract Change Order Application for Payment Certificate of Final Completion III. PROCUREMENT GENERAL CONDITIONS Procurement General Conditions IV. SPECIFICATIONS Division One - General Reauirements 1000 Special Provisions 1000.1 Coordination of Plans, Specifications and Special Provisions 1000.2 Supplementary Conditions - Owner 1010 Summary of Work 1060 Regulatory Requirements and Permits 1060.1 FAA General Provisions, Divisions 10-110 1060.2 Supplemental Conditions - Civil Rights and Labor 1091 Reference Standards 1340 Submittals, Shop Drawings and Samples Division Eleven - Eauioment 11901 Utility Snow Removal Equipment with Attachments 1. BIDDING INFORMATION Notice Inviting Bids Instructions to Bidders Bid Documents NOTICE INVITING BIDS OWNER: City of McCall, Idaho 216 E. Park Street McCall, Idaho 83638 Separate sealed BIDS for: Procurement of Utility Snow Removal Equipment with Attachments for the McCall Municipal Airport, McCall, Idaho will be received by the Owner at the Office of the City Clerk, City Hall, 216 E. Park Street, McCall, Idaho until 2:00 p.m., Tuesday, February 17, 2009, and then at said location and time, publicly opened and read aloud. Utility Snow Removal Equipment with Attachments shall consist of a diesel powered, articulating four -wheel -drive, bidirectional prime mover (tractor). Attachments include a 12 feet wide snow blade and a PTO -driven runway broom (minimum width 14 feet). The tractor shall provide a minimum of 105 PTO horsepower at rated engine rpm. Details and additional alternate equipment configurations are contained in the Procurement Documents. The Procurement Documents are available for examination at the office of the Engineer, T-O Engineers, 9777 Chinden Boulevard, Boise, Idaho 83714, (208) 323-2288 and the Office of the City Clerk, City Hall, 216 E. Park Street, McCall, Idaho. The Procurement Documents may be obtained only from the office of the Engineer. The Engineer will maintain a Planholders List. Contract documents will be made available after 2:00 p.m., Thursday, January 22. A Prebid Conference will not be held prior to Bid Opening. Prospective Bidders should submit written questions to the Engineer no later than 2:00 p.m., Thursday, February 12, 2009. Prospective contractors are notified that the work under this contract is funded in part by a grant from the Federal Aviation Administration and as such is subject to Equal Employment Opportunity (EEO) and Federal Labor Provisions. The Contractor will be required to comply with all applicable Federal and State Equal Employment Opportunity laws and regulations. Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or national origin in consideration for an award of any contract entered into pursuant to this advertisement. All prospective bidders are directed to the Instructions for Bidders for discussion of Bid policies, procedures, and requirements. Each bidder must supply all the information required by the Procurement Documents and Specifications. The Owner reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate contract terms with the successful Bidder, and the right to disregard all non -conforming, non -responsive or conditional Bids. By: City of McCall Publication Dates: January 15, 2009 January 22, 2009 NOTICE INVITING BIDS 1 \08091\WPFILES\SRE SPECS \NOTICE INVITING BIDS_MCCALL SNOW REMOVAL DOC 1 INSTRUCTIONS TO BIDDERS 1. Defined Terms: Terms used in these Instructions to Bidders, which are defined in the Procurement General Conditions of the Procurement Agreement, have the meanings assigned to them in the Procurement General Conditions. The term "Successful Bidder" means the lowest, qualified, responsive Bidder to whom Owner on the basis of Owner's evaluation as hereinafter provided makes an award. 2. Copies of Bidding Documents: 2.1. Complete sets of the Procurement Documents may be obtained from Engineer upon payment of the plan copy fee as designated in the Advertisement. 2.2. Complete sets of Procurement Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Procurement Documents. It is the Bidder's responsibility to assure that he possesses complete sets of the Procurement Documents. 2.3. Owner and Engineer in making copies of Procurement Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. Qualifications of Bidders: Each Bidder must be qualified to do business in the State of Idaho. 4. Examination of Procurement Documents and Site: 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Procurement Documents and other related data identified in the Procurement Documents thoroughly, (b) familiarize himself with and consider Federal, State and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (c) study and carefully correlate Bidder's observations with the Procurement Documents, (d) to promptly notify Engineer, pursuant to Article 5 below, of all conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Procurement Documents and such other related documents. 4.2. The submission of a Bid will constitute an incontrovertible representation by the Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon furnishing and the Goods and performing the Special Services required by the Procurement Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Procurement Documents and the written resolutions thereof by Engineer if acceptable to Bidder, and that the Procurement Documents are sufficient in scope and detail and that the time allocated for the preparation of the Bid was adequate to indicate and convey understanding of all terms and conditions for furnishing Goods and Special Services. INSTRUCTIONS TO BIDDERS \08091\WPFILES\SRE SPECS\INSTRUCTIONS TO BIDDERS MCCALL SNOW REMOVAL DOC 1 5. Interpretations Objections to specifications or bidding procedures and questions about the meaning or intent of the Procurement Documents shall be submitted to the Engineer in writing, to be received at least three business days before the date and time upon which bids are scheduled to be opened. Replies will be issued by Addenda, to be mailed, transmitted electronically, or delivered, to all parties recorded by Engineer as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7. Contract Time: The number of days within which, or the date by which, the Goods and Special Services to be delivered and accepted (the Contract Times) are defined in the Procurement General Conditions and set forth in Article 4.1 of the Procurement Agreement. The submission of a Bid is a representation by the Bidder that Bidder will deliver Goods as specified in the Procurement Documents. 8. Liquidated Damages: Provisions for liquidated damages are set forth in Article 4.4 of the Procurement Agreement. 9. Substitute Material and Equipment: 9.1 The Procurement Agreement, if awarded, will be on the basis of material and equipment described or specified in the Specifications. Bidder shall submit with his bid documentation and illustrative descriptions to demonstrate conformance with the specifications. 9.2 After the Procurement Agreement has been awarded, the procedure for submittal of substitute or equal item of material or equipment by Contractor, and consideration by Engineer, is set forth in paragraphs 7.3, 7.3.1, and 7.3.2 of the Procurement General Conditions and supplemented by Specification Section, 1000 Special Provisions, Specification Section 1340, Submittals, Shop Drawings and Samples; and others. 10. Bid Form and Bid Documents: 10.1 One Bid Form is provided in the Procurement Documents and Specifications. A separate document titled "Bid Documents" will also be furnished for use in submittal of bids. 10.2 All documents contained within the tab titled "Bid Documents" shall be submitted as specified per Section 10. The forms to be submitted with the bid include the following: Bid; Bid Schedule A; Additional Bid Forms, including: Non -Collusion Affidavit, Joint Venture Statement, Buy American Certificate, and Specification Compliance Certification; and Supplemental Bidding Information (Bidders List Information). 10.3 Bid Schedule(s) must be completed in ink or by typewriter. The Bid unit price of each item on the form must be stated in words and numerals; in case of a conflict, words will take precedence. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. INSTRUCTIONS TO BIDDERS I \08091\WPFILES\SRE SPECS\INSTRUCTIONS TO BIDOERS_MCCALL SNOW REMOVAL DOE 2 10.4 Bids by corporations must be executed (signed) in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 10.5 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature, and the official address of the partnership must be shown below the signature. 10.6 All names must be typed or printed below the signature. 10.7 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form). 10.8 The address and telephone number for communications regarding the Bid must be shown in the space provided. 10.9 Each Bidder shall submit with and as a material part of his Bid a completed copy of all "Additional Bid Forms" identified as Division I - Exhibits I through IV. Owner reserves the right to reject any Bid submitted with incomplete or improperly completed Bid Forms or Exhibits. 10.10 Each Bidder shall submit with his Bid a completed "Bidders List Information" which identifies all firms that bid on prime contracts or bid or quote subcontracts on DOT - assisted projects, including DBE and non -DBE firms. 10.11 Each Bidder shall submit with his Bid complete documentation and illustrative descriptions of all major components and systems comprising the Goods offered to demonstrate conformance with the specifications, a proposed policy for parts and service availability, and certified test results indicating compliance with the performance requirements specified. 11. Submission of Bids: Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title and name and address of the Bidder and accompanied by the other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof. Bids received after the required time of submittal will be returned unopened to the prospective Bidders. 12. Modification and Withdrawal of Bids: 12.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 12.2 If, within five calendar days after Bids are opened, any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of INSTRUCTIONS TO BIDDERS 3 I \08091\WPFILES\SRE SPECS \INSTRUCTIONS TO BIDDERS_MCCALL SNOW REMOVAL DOC Owner that there was a clerical or mathematical mistake in the preparation of his Bid and the mistake was material, that Bidder may withdraw his Bid. 12.3 A Bidder who claims a mistake will be prohibited from participating in any rebidding of the procurement on which the mistake was claimed. 13. Opening of Bids: Bids will be opened publicly, and read aloud. A tabulation of the amounts of the Bids and bid items will be available from the Engineer forty-eight hours after the opening of Bids. 14. Bids to Remain Subject to Acceptance: All Bids shall remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid prior to that date. 15. Award of Contract: 15.1 Owner reserves the right to reject any and all Bids, including without limitation the rights to waive any and all informalities and to negotiate contract terms with the "Successful Bidder," and the right to disregard all nonconforming, non -responsive, unbalanced, or conditional Bids. Failure to submit required Bid Documents with the sealed Bid shall be considered a Non -Responsive Bid. 15.2 In evaluating Bids, Owner shall consider whether or not the Bids comply with the prescribed Bid requirements, and such alternates, unit prices, and other data as requested in the Bid forms or by the Engineer prior to the Notice of Award. 15.3 Owner reserves the right to reject the Bid of any Bidder who does not pass to the Owner's satisfaction any such evaluation conducted pursuant to paragraph 15.2. Bidder that fails to pass to the Owner's satisfaction any such evaluation shall be determined to be a Non -Responsive Bidder. 15.4 If the contract is to be awarded it will be awarded to the lowest qualified, responsive Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Owner's Procurement of Goods and Special Service. Refer to Section 18.1 for additional criteria. If Bid alternatives are identified in the Bid Form, it is Owner's intent to accept alternatives in the order in which they are listed in the Bid form; however, Owner may choose to accept them in any order or combination. The Bidder is forewarned that budget limitations may require deletion of items, alternatives, or portions of a Schedule or and entire Schedule. 15.5 If individual or multiple contracts are to be awarded, Owner will give the Successful Bidder(s) a Notice of Award within 60 days after the date of the Bid opening. 15.5.1 No award can be made until the FAA has reviewed and approved the Owner's recommendation of award. 15.5.2 The Notice of Award will become effective once the Owner has received and executed the FAA Grant offer required to finance the Project, and the FAA has approved the execution of the Grant offer acceptance. INSTRUCTIONS TO BIDDERS 1\08091\WPFILES\SRE SPECS\INSTRUCTIONS TO BIODERS MCCALL SNOW REMOVAL DOC 4 15.5.3 Receipt and execution of the FAA Grant may take place later than 60 days following the Bid Opening. Should this occur it will not invalidate the award of the contract which may have been previously executed. 15.5.4 Owner may issue a Notice of Award with additional conditions identified as appropriate. Conditions shall be clearly stated on the Notice of Award. Conditions may include the deletion of item(s) of a Schedule or an entire Schedule. 15.5.5 If the Owner deems it is in its best interest, it may, on refusal or failure of the Successful Bidder to execute the contract, award it to the second lowest responsive Bidder. If the second lowest responsive Bidder fails or refuses to execute the contract, the Owner may likewise award it to the next lowest responsive Bidder. 15.6 The Owner may determine it is in its best interests to cancel and rebid the project. 16. Bonds and Insurance: Article 4 of the Procurement General Conditions and Specification Section 1000, Special Provisions set forth Owner's requirements as to Bonds and Insurance. When the Successful Bidder delivers the executed Procurement Agreement to Owner, it shall be accompanied by the required documentation of required insurance coverages. 17. Signing of Procurement Agreement: When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Procurement Agreement with other written Documents attached. Within 15 days thereafter, unless otherwise stipulated in the Notice of Award, Contractor shall sign and deliver the required number of the Procurement Agreement to Owner with all other required Contract Documents attached. Within 15 days thereafter Owner will deliver one fully signed counterpart to Contractor. Engineer will identify those portions of the Procurement Documents not fully signed by Owner and Contractor and such identification shall be binding on all parties. 18. Special Legal Requirements: 18.1 Bid Schedules 18.1.1 One Bid Schedule included in the Bid is titled as follows: SCHEDULE A: Procurement of Utility Snow Removal Equipment with Attachments 18.1.2 A "Responsive" Bidder shall submit a Bid including Schedule A along with the Additional Bid Forms. 18.1.3 It is the Owner's desire and intent to award all items of Schedule A for which adequate funding is available along with some or all of the Add Alternates to the "Successful Bidder." The Contractor is forewarned that Budget Limitations may prevent the award of one or more of the items and/or require the deletion of items or portions of the work scope of a given Schedule. INSTRUCTIONS TO BIDDERS I \08091\WPFILES\SRE SPECS\ INSTRUCTIONS TO BIDDERS MCCALL SNOW REMOVAL DOC 5 18.1.4 The "Successful Bidder" for the purpose of subsequent negotiations, if necessary, will be the responsive Bidder who submits the total of the low bid for the for Schedule A items the Owner chooses to award; which is expected to be all Schedule A items based on availability of funding. Add Alternates will not be considered in determining the "Successful Bidder." 18.1.5 Award of Add Alternates will be at the Owner's sole discretion. 18.1.6 The Bidders attention is directed to Section 15: "Award of Contract" of these Instructions to Bidders for further discussion of evaluation of the Bid and to Section 17: "Signing of the Procurement Agreement". 18.1.7 The Owner reserves the right to delete all or a portion of individual Schedule(s) for budget, schedule or other circumstances and select those Schedules or portions thereof which the Owner, at his sole discretion determines to be to the benefit of the project. 18.2 Contracts 18.2.1 The Bidder/Offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Bidder/Offeror/Contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. 18.3 Disadvantaged Business Enterprise (DBE) Policies and Procedures. 18.3.1 Be advised only 60% of the value of materials and supplies obtained from a regular DBE dealer or supplier, which are incorporated into the project, may be counted toward achieving the DBE contract goal. A Bidder may count 100% of expenditures for materials and supplies when they are obtained from a DBE manufacturer. 18.3.2 The Owner requires documentation of certification, in accordance with the requirements and procedures of 49 CFR 26, of DBEs proposed for participation in the project at the time of bid submittal. Pre -certification is therefore a requirement of firms wishing to participate as DBEs in this FAA -assisted contract. 18.3.3 Be advised that each DBE firm proposed by the Bidder for participation in the project must be certified in accordance with the requirements and procedures of 49 CFR 26 to be considered an eligible DBE firm for the work covered under this solicitation. Firms listed in the Idaho Transportation Department's "Disadvantaged Business Enterprise (DBE) Directory" are considered eligible DBE firms for the work covered under this solicitation. 18.3.4 Nothing in this restriction is to be construed to prohibit or discourage the Contractor from increasing the number or amount of DBE subcontractors participating on the project. INSTRUCTIONS TO BIDDERS \08091\WPFILES\SRE SPECS\INSTRUCTIONS TO BIDDERS MCCALL SNOW REMOVAL DOC 6 18.3.5 Do not count work performed by DBE firms on ineligible (no FAA funding participation) contract items toward DBE participation on FAA eligible portions of the project. Project work items and/or schedules that are not eligible for AIP participation (FAA grant funding participation) are not subject to DBE requirements and/or goals. Amounts expended for DBE subcontracts on project work items and/or schedules that are not eligible for AIP participation will not count toward DBE participation. DBE subcontract amounts will count toward DBE participation only if performed on project work items and/or schedules that are identified as eligible under the AIP grant. 18.3.6 It is advisable to distribute the utilization of DBE subcontractors throughout all FAA eligible schedules in the event that a schedule or portion of a schedule is deleted from the contract after bid opening. 18.4 Environmental 18.4.1 Contractors and subcontractors agree that any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; 18.4.2 Contractors and subcontractors agree to comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; 18.4.3 That a condition for the award of this contract, the Contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; 18.4.4 Contractors and subcontractors agree to include or cause to be included in any construction contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements. 18.5 Notice to Bidders Buy American Preferences (a) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in INSTRUCTIONS TO BIDDERS 1 \08091\WPPILES\SRE SPECS\INSTRUCTIONS TO BIDDERS MCCALL SNOW REMOVAL DOC 7 the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs (b) (1) or (2) shall be treated as domestic. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. (b) The Successful Bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, except those- (1) That the U. S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; (2) That the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or (3) That inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. Refer to Specification Section 1060.2, Contract Conditions - Civil Rights and Labor, A. Buy American Preferences. 18.6 Trade Restriction Clause Refer to Specification Section 1060.2, Contract Conditions - Civil Rights and Labor, J. Trade Restriction Clause 49 CFR Part 30. The Contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it: 1. Is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); 2. Has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; 3. Has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. 18.7 Tax Exemption Clause The Owner is exempt from Federal and State taxes and will execute the required exemption certificate. INSTRUCTIONS TO BIDDERS I \08091\WPFILES\SRE SPECS\INSTRUCTIONS TO BIDDERS_MCCALL SNOW REMOVAL DOC 8 18.8 Special Services The Successful Bidder shall provide Special Services as described in Specification Section 1010, Part 3 of the Procurement Documents. The cost of performing the Special Services shall be included in the cost of procurement of Goods in Schedule A. 18.9 Joint Purchasing Agreements (Piggyback Clause) The Bidder certifies, by submission of a Bid, that Bidder shall extend the same price for the equipment specified in the Procurement Documents to other political subdivisions in the State of Idaho providing there is no conflict with any applicable statutes, rules, policies or procedures. Each entity that chooses to piggyback off this competitive sealed bid procurement shall be responsible for its own notice of award (purchase order), procurement contract; arrangements for delivery and acceptance; and payments, including applicable freight charges if outside the original geographic delivery area. 18.10 Bid Protests. 18.10.1 Role of the Sponsor (Owner). Under Title 49 CFR, Part 18.36, the Owner will develop protest procedures to handle and resolve disputes relating to their procurements and shall, in all instances, disclose information regarding the protest to FAA. The Owner is responsible for all procurement actions to be accomplished in accordance with its established procedures including the handling of complaints and protests. 18.10.2 Role of FAA. FAA's role is limited to a review of the protest for violations of Federal law or regulations and violations of the Owner's protest procedures if the Bidder subsequently appeals to FAA. A protestor must exhaust all administrative remedies with the Owner before pursuing an appeal with FAA. 18.10.3 Defects in Bid Solicitation. 18.10.3.1 If a prospective Bidder formally protests the procurement on the grounds that the bid solicitation is defective, it is the responsibility of the Bidder to notify the Owner in writing, to be received at least three business days before the date and time upon which bids are scheduled to be opened, about what aspects of the solicitation the Bidder is protesting. The bid opening may be delayed, if necessary, until the protest is satisfied (including rejection) or to allow time for the Owner to issue an addendum, as appropriate. 18.10.3.2 If a protest of this nature is made after bid opening, the Owner may reject the protest without action. 18.10.4 Improper Evaluation of Bids. Protests pertaining to an improperly disqualified Bidder or the Owner's failure to disqualify the apparent low Bidder for a defective bid shall be submitted to the Owner in writing within seven (7) calendar days of the date of transmittal of the Notice of Award, setting forth in such response the express reason or reasons that the award decision is in error. Thereafter, staying performance of any procurement until after addressing the contentions raised by the objecting bidder, the Owner shall review its decision and determine whether to affirm its prior award, modify the award, or choose to re -bid, setting forth its reason INSTRUCTIONS TO BIDDERS 1 \080911WPFILES\SRE SPECS NSTRUCTIONS TO BIDDERS MCCALL SNOW REMOVAL OOC 9 or reasons therefor. After completion of the review process, the political subdivision may proceed as it deems to be in the public interest. INSTRUCTIONS TO BIDDERS 1 \08091\WPFILES\SRE SPECS\INSTRUCTIONS TO BIDDERS_MCCALL SNOW REMOVAL DOC 10 Bid Documents Bid Bid Schedule A Additional Bid Forms Exhibits I through IV Supplemental Bidding Information BID PROJECT IDENTIFICATION: PROCUREMENT OF UTILITY SNOW REMOVAL EQUIPMENT WITH ATTACHMENTS CONTRACT IDENTIFICATION AND NUMBER: FAAIAIP NO. 3-16-0023-015 THIS BID IS SUBMITTED TO OWNER: CITY OF McCALL, IDAHO 216 E. PARK STREET McCALL, IDAHO 83638 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders. This Bid will remain open for 61 days after the day of Bid Opening. BIDDER will sign the Agreement and submit other documents required by the Contract Documents within 15 days after the date of OWNER'S Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: a) BIDDER has examined copies of all the Contract Documents and of the following addenda: Addendum Date: Number of Addendum: (Receipt of all of which is hereby acknowledged) and also copies of the Advertisement or Invitation to Bid and the Instructions to Bidders; b) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not or induced any person, firm or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNERS; and 4. BIDDER will deliver the Goods and complete the Special Services per the prices established in the attached Bid Schedule: BID I \08091\WPFILES\SRE SPECS \BID MCCALL SNOW REMOVAL DOC Page 1 of 5 BID SCHEDULE SUMMARY: Base Bid, Schedule A: Utility Snow Removal Equipment with Attachments, Goods and Special Services Item Description Total Price 1. Bidirectional Tractor $ 2. 12-Ft. Snow Blade with Pin -On Ends $ 3. Runway Broom $ Total Schedule Price for Goods and Special Services $_ Indicate Length of Broom Head to be Supplied: Add Alternates: Add Alternate No. 1 Engine End PTO $ Add Alternate No. 2 Loader and 1-1/2 cubic yard Bucket $ Add Alternate No. 3 Engine End Mounted Snow Blower $ 5. BIDDER agrees that the: a) Work will be Substantially Complete and Complete on or before the dates or within the number of calendar days indicated in Article 4 of the Procurement Agreement. b) BIDDER accepts the provisions of Article 4.4 of the Procurement Agreement as to Liquidated Damages in the event of failure to complete the Work on time. 6. The following documents are attached to, and made a condition of, and incorporated by reference into this Bid if not attached. a) Bid Schedule A. b) "Non -Collusion Affidavit", Division I -Exhibit I. c) "Joint Venture Statement", Division I -Exhibit II (if applicable). d) "Buy American Certificate", Division I -Exhibit III. e) "Specification Compliance Certification", Division I -Exhibit IV. BID 1 \08091\WPFILES\SRE SPECS\BID_MCCALL SNOW REMOVAL DOC Page 2 of 5 f) g) The Bidder shall submit as part of their Bid, complete documentation and illustrative descriptions of all major components and systems comprising the Goods offered to demonstrate conformance with the specifications. The Bidder shall submit as part of the Bid a proposed policy for parts and service availability. 7. Communications concerning this Bid shall be addressed to: The address of BIDDER indicated below: 8. The terms used in this Bid which are defined in the Procurement General Conditions of the Procurement Agreement included as part of the Contract Documents have the meanings assigned to them in the Procurement General Conditions, and as may be amended. 9. Bid Opening: Date Time SUBMITTED on , 2009. BID I \08091\WPFILES\SRE SPECS \BID_MCCALL SNOW REMOVAL DOC Page 3 of 5 If BIDDER is: A Corporation By Attest (Corporation Name) (State of Incorporation) (Signature of Person Authorized to Sign) (Name and Title of Person Authorized to Sign) (Secretary) Business Address Phone No. A Joint Venture By By (Signature) (Name) (Address) (Signature) (Name) (Address) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) Attest (Secretary) Business Address Phone No. BID I \08091\WPFILES\SRE SPECS\BID_MCCALL SNOW REMOVAL DOC Page 4 of 5 A Partnership (Firm Name) (Signature of General Partner) (Name of General Partner) Business address Phone No. Attest (Secretary) Business Address Phone No. An Individual By (Signature of Individual) By (Individual's Name) Doing business as Business address Phone No. Attest (Secretary) Business address Phone No. BID 1 \08091\WPFILES\SRE SPECS\BID MCCALL SNOW REMOVAL DOC Page 5 of 5 McCALL MUNICIPAL AIRPORT AIP 3-16-0023-015 BID SCHEDULE A Utility Snow Removal Equipment with Attachments GOODS and SPECIAL SERVICES Item Unit Unit Total No. Item Description Measure Quantity Price Price 1 Bidirectional Tractor L.S. 1 2. 12 Ft. Snow Blade with Pin -On Ends L.S. 1 3. Runway Broom (Indicate length of broom head below.) n L.S. 1 SCHEDULE A Utility Snow Removal Equipment with Attachments Total Schedule Price for Goods and Special Services Indicate Length of Broom Head to be Supplied: I:\08091\QPfiles\Snow Removal Equipment Bid Form xls 1 OF 1 INDEX OF ADDITIONAL BID FORMS Non -Collusion Affidavit, Division I - Exhibit I Joint Venture Statement, Division 1- Exhibit II Buy American Certificate, Division 1- Exhibit III Specification Compliance Certification, Division 1 - Exhibit IV NON -COLLUSION AFFIDAVIT Bidder's Name Address By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief: 1. The Prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; 3. No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. (Date) (SEAL OF CORPORATION) (Firm Name) (Signature of Responsible Officer) (Title) Subscribed and Sworn to before me, this day of 20_ My Commission Expires (Notary Public) DIVISION I - EXHIBIT I 1 \08091\WPFILES\SRE SPECSWDDITIONAL BID FORMS MCCALL SNOW REMOVAL DOC JOINT VENTURE STATEMENT PROJECT: STATE OF SS: COUNTY OF We, undersigned, being duly sworn according to law, upon our respective oaths depose and say that: 1. The following named Contractors have entered into a joint venture for the purpose of carrying out all the provisions of the above project: a. b. c. ( ) An Individual ( ) A Partnership ( ) A Corporation ( ) An Individual ( ) A Partnership ( ) A Corporation ( ) An Individual ( ) A Partnership ( ) A Corporation 2. The Contractors, under whose names we have affixed our respective signatures, have duly authorized and empowered us to execute this Joint Venture Statement in the name of and on behalf of such Contractors for the purpose hereinbefore stated. 3. Under the provisions of such joint venture, the assets of each of the Contractors name in Paragraph 1 hereof, and in case any Contractor so named above is a partnership, the assets of the individual members of such partnership, will be available for the performance of such joint venture and liable therefore and for all obligations incurred in connection therewith. 4. This Joint Venture Statement is executed so that the named Contractors, as one organization, may, under such joint venture, bid upon said Contract, and be awarded the contract if they should become the successful bidder therefore. Any bid, bond and agreement relating to said Contract shall be executed by any of the undersigned, and when so executed shall bind this joint venture and each and every Contractor named herein severally and jointly. Simultaneous with the execution of the Contract, the Contractors entering into this joint venture shall designate and appoint a Project Supervisor to act as their true and lawful agent with full power and authority to do and perform any and all acts or things necessary to carry out the work set forth in said Contract. DIVISION I - EXHIBIT II I\00091\WPFILESSRE SPECSWDDITIONAL BID FORMS MCCALL SNOW REMOVAL 00C 5. We bind the Contractors for whom we respectively execute this Joint Venture Statement in firm Agreement with (Owner) that each of the representations herein set forth is true. Subscribed and Sworn to before me, this (a) Subscribed and Sworn to before me, this (a) Subscribed and Sworn to before me, this (a) By day of (Print Name) Notary Public My Commission expires day of By (Print Name) Notary Public My Commission expires day of By (Print Name) Notary Public My Commission expires ,20 20 20 DIVISION I - EXHIBIT II 1100091\WPFILES\SRE SPECSNODITIONAL BID FORMS MCCALL SNOW REMOVAL DOC BUY AMERICAN CERTIFICATE (JAN 1991) By submitting a bid/proposal under this solicitation, except for those items listed by the offeror below or on a separate and clearly identified attachment to this bid/proposal, the offeror certifies that steel and each manufactured product, is produced in the United States (as defined in the clause Buy American - Steel and Manufactured Products or Buy American - Steel and Manufactured Products For Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. Offerors may obtain lists of articles, materials and supplies excepted from this provision from the Sponsor or the Sponsor's Representative. PRODUCT COUNTRY OF ORIGIN Name of Firm By (Signature) (Title) (Date) DIVISION I - EXHIBIT III \0809TWPFILES\SRE SPECS\ ADDITIONAL BID FORMS MCCALL SNOW REMOVAL DOC SPECIFICATION COMPLIANCE CERTIFICATION 1. In submission of this Bid, the Bidder hereby certifies that the goods he/she intends to provide to the Owner I-1 Do ❑ Do Not comply with the performance, design and construction requirements of this procurement specification. If the 'Do Not' box is marked, the Bidder shall attach a detailed description of the item(s) in which the proposed Goods fail to comply with the procurement specification. Failure to submit this information shall be grounds to consider the bid non -responsive. 2. In submission of this Bid, the Bidder hereby certifies that he/she E Will [ Will Not be able to deliver Goods by the date (or in the Contract time) specified in Article 4 of the Procurement Agreement. If the Will Not' box is marked, the Bidder proposes to deliver the Goods no later than the following date If an earlier delivery date can be achieved, identify the proposed date: Name of Firm By (Signature) (Title) (Date) DIVISION I - EXHIBIT IV \08091\WPFILES\SRE SPECSWDDITIONAL BID FORMS_MCCALL SNOW REMOVAL DOC SUPPLEMENTAL BIDDING INFORMATION Bidders List Information (Submit with Bid Documents) BIDDERS LIST INFORMATION • The OWNER is required to create a bidders list, consisting of information about all DBE and non -DBE firms that bid or quote on DOT -assisted contracts. • The bidders list is used to determine the number of firms that are participating, or attempting to participate on DOT -assisted contracts. • The bidders list must include all firms that bid on prime contracts or bid or quote subcontracts on DOT -assisted projects, including both DBE and non -DBE firms. • The bidders list provides a valuable measure of available DBE subcontractors and will be used to set realistic overall DBE goals. Please provide the following information for ALL firms from which you received a bid or quote. Copy the form as needed to provide data for ALL firms. Firm Name: I DBE: Yes [ No n Address: Contact Name and Title: Year Firm Was Established: Annual Gross Receipts (check one): — less than $1 Million• $1to $5 Million; _ $5 to $10 Million; $10 to $15 Million; more than $15 Million Work Items Represented in the Quote: Firm Name: I DBE: Yes U No E Address: Contact Name and Title: Year Firm Was Established: Annual Gross Receipts (check one): less than $1 Million• , $1to $5 Million; $5 to $10 Million; ` $10 to $15 Million more than $15 Million Work Items Represented in the Quote. Firm Name: DBE: Yes n No n Address: Contact Name and Title: Year Firm Was Established: Annual Gross Receipts (check one): less than $1 Million; — $1to $5 Million; $5 to $10 Million — $10 to $15 Million; _ more than $15 Million Work Items Represented in the Quote: Firm Name: f DBE: Yes C No In Address: Contact Name and Title: Year Firm Was Established: Annual Gross Receipts (check one): less than $1 Million; , $1to $5 Million; $5 to $10 Million; $10 to $15 Million• _ more than $15 Million Work Items Represented in the Quote: BIDDERS LIST I \08091\WPfiles\SRE Speos\Bidders List doc II. CONTRACT FORMS Notice of Award Procurement Agreement Contractor Contractual Requirements Contract Change Order Application for Payment Certificate of Final Completion NOTICE OF AWARD TO: (BIDDER) ADDRESS: Dated: , 2009 OWNER'S PROJECT NO. FAA/AIP 3-16-0023-015 PROJECT: McCall Municipal Airport — Procurement of Utility Snow Removal Equipment with Attachments OWNERS' CONTRACT NO. CONTRACT FOR: Procurement of Utility Snow Removal Equioment with Attachments (Insert name of Contract as it appears in the Bidding Documents) You are notified that your Bid dated . 2009 for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a contract for The Contract Price of your contract is Dollars ($ 1. Three copies each of the proposed Procurement Agreement accompany this Notice of Award. _ set of the Procurement Specifications will be delivered separately or otherwise made available to you immediately. Additional copies of plans and specifications may be obtained for the cost of reproduction. You must comply with the following conditions precedent within fifteen days of the date of this Notice of Award, or as may be stated in Item 5 following, that is by , 2009. 1 You must deliver to the OWNER 3 fully executed counterparts of the Procurement Agreement including all the Procurement Documents. 2. You must deliver with the executed Procurement Agreement the Certificates of Insurance and Performance and Payments bonds as specified in the Instructions to Bidders, paragraph 16; Procurement General Conditions, Article 4; and Special Provisions, Section 1000. 3. Award of this Contract is Subject to the approval of the Federal Aviation Administration. 4. This award is subject to the availability of the Federal Aviation Administration, Airport Improvement Program (FAA, AIP) Funds, the receipt, and the acceptance of grant offer(s) COPY to ENGINEER required to finance this project. 5. Other Conditions and Precedents. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned and to annul this Notice of Award. Within ten days after you comply with those conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. City of McCall. Idaho (OWNER) By: (AUTHORIZED SIGNATURE) (TITLE) By: ACCEPTANCE OF AWARD (CONTRACTOR) (AUTHORIZED SIGNATURE) (TITLE) (DATE) COPY to ENGINEER PROCUREMENT AGREEMENT THIS AGREEMENT is dated as of the day of theyear2009 by and between City of McCall, Idaho, (hereinafter called OWNER) and called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 GOODS AND SERVICES (hereinafter CONTRACTOR shall furnish all Goods and Special Services and other services as specified or indicated in the Procurement Documents. The Goods and Special Services to be furnished are generally described by Schedule, or part thereof as identified in the Notice of Award as follows: The Project for which the Goods and Special Services under the Procurement Documents may be the whole or only a part is generally described as follows: Procurement of Utility Snow Removal Equipment with Attachments for McCall Municipal Airport McCall, Idaho FAA/AIP Project No. 3-16-0023-015 Article 2 ENGINEER The Goods have been specified by T-O ENGINEERS, 9777 Chinden Boulevard Boise, ID 83714, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Procurement Documents in connection with completion of the Work in accordance with the Procurement Documents. Article 3 POINT OF DELIVERY The place where the Goods are to be deliverd as defined in the Procurement General Conditions as the point of delivery and designated as McCall Municipal Airport Maintenance Shop, McCall, Idaho. PROCUREMENT AGREEMENT 1 \08091\WPPILES\SRE SPECS PROCUREMENT AGREEMENT MCCALL SNOW REMOVAL DOC 1 Article 4 CONTRACT TIME 4.1 The Goods are to be delivered to the point of delivery, commissioned and ready for OWNER'S acceptance on or before 180 calendar days from the effective date of the Procurement Agreement. Work encompassed by this Agreement as identified in Article 1 above shall be Complete and ready for Final Payment, in accordance with paragraph 6.6 of the Procurement General Conditions; in accordance with the following: 4.2 The furnishing of Special Services to the OWNER shall conform to the requirements of Section 1010, Part 2. 4.3 AU Shop Drawings and samples required by the Procurement Documents shall be submitted to ENGINEER for review and approval as identified in Section 1010, Part 3. 4.4 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Goods are not delivered at the point of delivery and ready for acceptance of delivery by OWNER before the time specified in paragraph 4.1 above, plus any extensions thereof allowed in accordance with Article 12 of the Procurement General Conditions. They also recognize that the timely performance of services by other parties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Goods are not delivered on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Three Hundred and 00/100 dollars ($300.00) for each day that expires after the time specified in Paragraph 4.1 for delivery of acceptable Goods. Article 5 CONTRACT PRICE OWNER shall pay CONTRACTOR for furnishing the Goods and Special Services and for performing other services in accordance with the Procurement Documents in current funds as follows: See copy of BID (and attachments) marked Exhibit 1, attached. Article 6 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 6 of the Procurement General Conditions and Specification Section 1000.2 Supplementary Conditions — Owner. Applications for Payment will be processed by ENGINEER as provided in the Procurement General Conditions. PROCUREMENT AGREEMENT \08091\WPFILES\SRE SPECS\PROCUREMENT AGREEMENT_MCCALL SNOW REMOVAL DOC 2 6.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price in accordance with paragraph 6.3 of the Procurement General Conditions on the basis of CONTRACTORS Applications for Payment as provided below. 6.1.1 Upon receipt of the first Application for Payment accompanied by the ENGINEER'S recommendation of payment in accordance with paragraph 6.2.1 of the Procurement General Conditions, an amount equal to 10% of the Contract Price, less such amount as ENGINEER shall determine in accordance with paragraph 6.2.3 of the Procurement General Conditions. 6.1.2 Upon receipt of the second Application for Payment accompanied by the ENGINEERS recommendation of payment in accordance with paragraph 6.2.2 of the Procurement General Conditions, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amount as ENGINEER shall determine in accordance with paragraph 6.2.3 of the Procurement General Conditions. 6.1.3 The CONTRACTOR is notified and accepts by execution of the Procurement Agreement, that progress payments may not be made for up to 60 (sixty) days from the date of receipt of the payment request by the OWNER. OWNER shall within sixty days after receipt of each Application for Payment with ENGINEERS' recommendation pay CONTRACTOR the amount recommended; but in the case of the Application for Payment upon OWNER's acceptance of delivery of the Goods, said sixty day period may be extended for so long as is necessary for OWNER to examine the bill of sale and other documentation submitted therewith. OWNER shall notify CONTRACTOR promptly of any deficiency in the documentation and shall not unreasonably withhold payment. 6.2 Final Payment. Upon receipt of the final Application for Payment accompanied by ENGINEER'S recommendation of payment in accordance with paragraph 6.6 of the Procurement General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 6.6. If the Application and accompanying documentation are appropriate as to form and substance, OWNER shall, within sixty days after receipt thereof, pay CONTRACTOR the amount recommended by the ENGINEER. 6.3 Payments to Subcontractors. The CONTRACTOR agrees to pay each subcontractor it contracts with to perform any portion of the work for satisfactory performance of its contract no later than 30 days from the receipt of each payment the CONTRACTOR receives from the OWNER. The CONTRACTOR agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any PROCUREMENT AGREEMENT I \08091\WPFILES\SRE SPECS\PROCUREMENT AGREEMENT MCCALL SNOW REMOVAL DOC 3 delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the OWNER. This clause applies to both DBE and non -DBE subcontractors. Failure by the CONTRACTOR to carry out these requirements shall be a material breach of this Agreement. Article 7 INTEREST All moneys not paid when due hereunder shall bear interest at the legal rate set by 63-3045, Idaho Code. Article 8 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 8.1 CONTRACTOR has familiarized himself with the nature and extent of the Procurement Documents and has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Procurement Documents and the written resolution thereof by the ENGINEER is acceptable to the CONTRACTOR. 8.2 CONTRACTOR has familiarized himself with all local conditions and Federal, State and local laws, ordinances, rules and regulations that in any manner may affect cost, production and delivery of the Goods and furnishing Special Services and other services in connection therewith. 8.3 CONTRACTOR does not require additional information from OWNER or ENGINEER to enable CONTRACTOR to furnish Goods, Special Services and other services at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Procurement Documents, but subject to CONTRACTOR'S right to request interpretations and clarifications in accordance with paragraph 9.2 of the Procurement General Conditions. 8.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations and resolutions with the terms of the Procurement Documents. 8.5 The CONTRACTOR or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONTRACTOR shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the recipient deems appropriate. PROCUREMENT AGREEMENT I \08091\W PFILES\SRE SPECS\PROCUREMENT AGREEMENT_MCCALL SNOW REMOVAL DOC 4 8.6 The CONTRACTOR will ensure that the following clause is placed in every subcontract to which the CONTRACTOR is a party: The CONTRACTOR or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONTRACTOR shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the recipient deems appropriate. 8.7 The CONTRACTOR agrees to make available to the OWNER the name, address, DBE/non- DBE status and age of firm of all subcontractors from whom they receive quotes. Article 9 CONTRACT DOCUMENTS The Procurement Documents which comprise the entire Procurement Agreement between OWNER and CONTRACTOR consist of the following: 9.1 This Agreement, pages 1 to _, inclusive. 9.2 Exhibits to this Agreement, 1 to _ inclusive. 9.3 Certificates of Insurance. 9.4 Notice of Award. 9.5 Procurement Documents and Specifications bearing the title: Procurement of Utility Snow Removal Equipment and Attachments for McCall Municipal Airport, dated to include, but not limited to Procurement Documents, Specifications, Procurement General Conditions, and Supplementary Conditions - Owner and consisting of divisions and pages, as listed in Table of Contents, dated thereof, copy of Table of Contents attached as Exhibit 9.6 Addendum Number , dated for FAA/AIP Project No. 3-16-0023-015, Procurement of Utility Snow Removal Equipment and Attachments for McCall Municipal Airport. 9.7 CONTRACTOR'S Bid, dated , including Additional Bid Forms, Exhibit _. 9.8 Documentation submitted by CONTRACTOR prior to Notice of Award. PROCUREMENT AGREEMENT I \08097 \WPF ILES\SRE SPECS\PROCUREMENT AGREEMENT_MCCALL SNOW REMOVAL DOC 5 9.9 Any Modification, including Change Orders, duly delivered after execution of Procurement Agreement. 9.10 Attachment 1 - Contractor Contractual Requirements, AC 150/5100-15 Appendix 2, copy attached. 9.11 Attachment 2 - Contractor Contractual Requirements, Certification for Contracts, Grants, Loans, and Cooperative Agreements, copy attached. There are no Procurement Documents other than those listed above in this Article 9. The Procurement Documents may only be altered, amended or repealed by a Modification as defined in Article 1 of the Procurement General Conditions. Article 10 MISCELLANEOUS 10.1 Terms used in this Agreement which are defined in Article 1 of the Procurement General Conditions shall have the meanings indicated in the Procurement General Conditions. 10.2 No assignment by a party hereto of any rights under or interests in the Procurement Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Procurement Documents. 10.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Procurement Documents. 10.4 The CONTRACTOR, in consideration of securing the business of constructing public works in this state, recognizing that the business in which he is engaged is of a transitory character, and that in the pursuit thereof, his property used therein may be without the state when taxes, excises, or license fees to which he is liable becomes payable, agrees: 10.1.1 To pay promptly when due all taxes, (other than on real property), excises and license fees due to the state, its subdivisions, and municipal and quasi -municipal corporations therein, accrued or accruing during the term to this Agreement, whether or not the same shall be payable at the end of such term; PROCUREMENT AGREEMENT L\08091\WPFILES\SRE SPECS\PROCUREMENT AGREEMENT_MCCALL SNOW REMOVAL DOC 6 10.1.2 That if the said taxes, excises, and licenses fees are not payable at the end of said term, but liability for the payment thereof exists, even though the same constitute liens upon his property, to secure the same to the satisfaction of the respective officers charged with the collection thereof; and 10.1.3 That, in the event of his default in the payment or securing of such taxes, excises, and licenses fees, to consent that the department, officer, board, or taxing unit entering into this Agreement may withhold from any payment due him hereunder the estimated amount of such accrued and accruing taxes, excises, and license fees for the benefit of all taxing units to which said CONTRACTOR is liable. Article 11 OTHER PROVISIONS 11.1 No work shall be authorized prior to the execution of the FAA Grant Offer and acceptance of the offer by the Owner. PROCUREMENT AGREEMENT I \08091\WPFILES\SRE SPECS\PROCUREMENT AGREEMENT_MCCALL SNOW REMOVAL DOC 7 IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on OWNER: CONTRACTOR: City of McCall. Idaho By: By: Name: Name: Title: Title: Date: Date: Address for giving notices: Attest Address for giving notices: License No.: Agent for service of process: , 2008. PROCUREMENT AGREEMENT I \08091\WPFILES\SRE SPECS\PROCUREMENT AGREEMENT_MCCALL SNOW REMOVAL DOC 8 CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 A. During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. Compliance with Regulations. The Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly nor indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement 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 procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color or national origin. 4. Information and Reports. The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. CONTRACTOR CONTRACTUAL REQUIREMENTS 1 \08091\W PFILESISRE SPECSICCNTRACTUAL REQUIREMENTS -FAA DOC 1 6. Incorporation of Provisions. The Contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Sponsor to enter into such litigation to protect the interests of the Sponsor and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. CONTRACTOR CONTRACTUAL REQUIREMENTS 2 I \08091\WPFILES\SRE SPECS\CONTRACTUAL REQUIREMENTS -FM DOC CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 2 CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The Contractor certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the 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 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form LLL "Disclosure of Lobby Activities", in accordance with its instructions. 3. The Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients 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. CONTRACTOR CONTRACTUAL REQUIREMENTS I \08091\WPFILES\ERE SPECS\CONTRACTUAL REQUIREMENTS -FM DOC 3 CONTRACT CHANGE ORDER or SUPPLEMENTAL AGREEMENT FOR FAA PROJECTS NUMBER: AIRPORT: McCall Municipal Airport DATE: LOCATION: McCall. Idaho AIP PROJECT NO: 3-16-0023-015 CONTRACTOR: You are requested to perform the following described work upon receipt of an approved copy of this document, or as directed by the Engineer. Item No. Description Unit CHANGE IN Unit Price Quantity Amount This Change Order Total: Previous Contract Total: Revised Contract Total: The time provided for completion in the contract is (unchanged, decreased, or increased) by calendar days. This document shall become an amendment to the Contract and all provisions of the Contract will apply. Changes are shown on Drawing(s) No. dated three copies attached. Recommended by: Approved by: Accepted by: Approved by: T-O Engineers Owner Contractor Federal Aviation Administration DATE DATE DATE DATE NOTE: Change Orders and Supplemental Agreement require FAA approval prior to construction, otherwise on Federal participation can be granted. State Aeronautics concurrence is required when state participation is anticipated. CONTRACT CHANGE ORDER 1 \08091\WPFILES\SRE SPECS\CHANGEORDER-FAA DOC 1 OF 2 AIP PROJECT NO: 3-16-0023-015 CHANGE ORDER NO: AIRPORT: McCall Municipal Airport LOCATION: McCall. Idaho JUSTIFICATION FOR CHANGE 1. Brief description of the proposed contract change(s) and location(s). 2. Reason(s) for the change(s). 3. Justifications for unit prices or total cost. 4. The sponsor's share of this cost is available from: 5. If this is a supplemental agreement involving more than $2,000; is the cost estimate based on the latest wage rate decision? Yes No Not Applicable 6. Has consent of surety been obtained? Yes Not Necessary 7. Will this change affect the insurance coverage? Yes No 8. If yes, will the policies be extended? Yes No 9. Has this Change Order been discussed with FAA Officials? Yes No When With Whom Comments SUBMIT 4 COPIES TO THE FM. CONTRACT CHANGE ORDER I \08091\WPFILES\SRE SPECS \CHANGEOROER-FAA HOC 2 OF 2 APPLICATION FOR PAYMENT NO. _ To City of McCall, Idaho (OWNER) Contract For Procurement of Utility Snow Removal Equipment with Attachments OWNER's Contract No. FAA/AIP 3-16-023-015 ENGINEER'S Project No. 08091 For Work Accomplished Through The Date Of Bid Schedule Change Order(s) Total(s) Work Completed Preceding Work Completed This Total Work Completed Pay Application No. _ Payment Period To Date Gross Payment Amount Due $ Payment Calculation: Less % Retainage $ Less Other Retainage $ Payment Amount Due to Date $ Less Previous Payments $ Payment Amount Due Contractor This Application I $ Accompanying Documentation: 1. Detailed Schedule of Values for Bid Items 2. Certification of Subcontractor Payment 3. Description of Other Retainage (if Necessary) 4. Change Order(s) No. (if Appropriate) 5. Other: CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interest and encumbrances (except such as are covered by Bond acceptable to Owner indemnifying OWNER against any such lien, claim, security interest or encumbrance); and (3) all WORK covered by this Application for Payment is in accordance with the Contract Documents and not defective as that term is defined in the Contract Documents. Dated CONTRACTOR'S Business Address: By CONTRACTOR (Authorized Signature) Payment of the Above AMOUNT DUE THIS APPLICATION is recommended. Dated T-O Engineers By (Authorized Signature) EJCDC No 1910-8-E (1990 Edition) Prepared by the Engineers Joint contract Documents Committee and endorsed by The Associated General Contractors of Amenca. I \08091\WPFILES\SRE SPECS\PAYMENT APPLICATION DOC APPLICATION FOR PAYMENT INSTRUCTIONS A. GENERAL INFORMATION This standard form is intended as a guide only. Many projects require a much more extensive form with space for numerous items, descriptions of Change Orders, identification of variable quantity adjustments, summary of materials and equipment stored at the site and other information. It is expected that a separate form will be developed by Engineer or Contractor at the time Contractor's Schedule of Values is finalized. Note also that the format for retainage must be changed if the Agreement permits (or the Law provides), and Contractor elects, the deposit of securities in lieu of retainage. Refer to Article 14 of the General Conditions for provisions concerning payments to the Contractor. B. COMPLETING THE FORM The Schedule of Values, submitted and approved as provided in paragraphs 2.6.3 and 2.9 of the General Conditions, should be copied in the space indicated on the Application For Payment form. Note that the cost of materials and equipment is often listed separately from the cost of their installation. All Change Orders affecting the Contract Price should be identified and include such supplemental Schedules of Values as required for progress payments. The form is suitable for use in the Final Application for Payment as well as for Progress Payments; however, the required accompanying documentation is usually more extensive for final payment All accompanying documentation should be identified in the space provided on the form. C. ENGINEER'S REVIEW Engineer must review all Applications for Payment with care to avoid recommending any payments not yet earned by Contractor. All accompanying documentation of legal nature, such as lien wavers, should be reviewed by Owner's attorney, and Engineer should advise Owner. EJCDC No. 1910-8-E (1990 Edition) Prepared by the Engineers Joint contract Documents Committee and endorsed by The Associated Genera( Contractors of America I \08091\WPFILES\SRE SPECS\PAYMENT APPLICATION DOC CERTIFICATE OF FINAL COMPLETION OWNER: City of McCall, Idaho OWNERS CONTRACT NO: OWNER'S PROJECT NO: ENGINEERS PROJECT NO: PROJECT: McCall Municipal Airport — Procurement of Utility Snow Removal Equipment with Attachments LOCATION: The Project to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR, AGENCIES and ENGINEER, and that Project is hereby declared to be final and complete in accordance with the Contract Documents. The CONTRACTOR's one year warranty of all completed work shall commence as dated below. DATE OF FINAL PROJECT COMPLETION: ACCEPTANCE BY: OWNER: City of McCall, Idaho BY: DATE: CONTRACTOR: BY: DATE: ENGINEER: T-O Engineers BY: DATE: I \080911WPFILES\SRE SPECS\CERTIFICATE FINAL COMPLETION,DOC III. PROCUREMENT GENERAL CONDITIONS This document has important legal consequences; consultation with an attorney is encouraged. SNATION O SOCIETY OF PROFESSIONAL ENGINEERS' FOUNOEM Procurement General Conditions Prepared by Engineers Joint Contract Documents Committee and Issued and Published Jointly By AMERICAN SOCIETY OF CIVIL ENGINEERS rouloca tesa Professional Engineers in Private Practice A practice division of the National Society of Professional Engineers and by American Consulting Engineers Council and by American Society of Civil Engineers and by Construction Specifications Institute These Procurement General Conditions have been prepared for use with the Standard Form of Instructions to Bidders for Procurement Contracts (EJCDC Document 1910-26-D, 1981 edition) and with the Standard Form of Procurement Agreement Between Owner and Contractor (EJCDC Document 1910-26-A, 1981 edition). Their provisions are interrelated and a change in one may necessitate a change in the others. No. 1910-26-6 (1981 Edition) Reprinted 10/88 ti 1981 National Society of Processional Engineers National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 Construction Specifications Institute 601 Madison Street, Alexandria, VA 22314 Index to Procurement General Conditions Page Number Acceptance of Delivery 7 Access to Goods in Production 11 Addenda 5 Amount and Timing of Progress Payments 8 Application for Payment 5, 8 Applications for Progress Payments 8 Arbitration 16 Bid 5 Bonds 5 Bonds and Insurance 6 Change of Contract Price 13 Change of Contract Time 13 Change Order 5, 13 Changes in the Goods or Special Services 13 Clarifications and Interpretations 12 Commencement of Contract Time 6 Computation of Time 16 Continuing Performance 11 Contract Price 5 Contract Time 5 CONTRACTOR 5 CONTRACTOR's Reponsibilities 9 Correction Period 14 Costs of Remedying Defects 14 Day 5 Decisions on Disputes 12 Defective 5 Definitions 5 Delivery of Bonds 6 Delivery Period 7 Drawings 5 Effective Date of the Procurement Agreement 5 ENGINEER 5 ENGINEER's Order 5 ENGINEER's Status 12 Equivalent Goods 10 Final Application for Payment 9 Final Inspection 8 Final Payment 9 General 17 Giving Notice 16 Goods 5 Intent of Procurement Documents 6 Limitations on ENGINEER's Responsibilities Material, Equipment and Workmanship 9 Miscellaneous 16 Modification 5 Notice of Award 5 OWNER 5 OWNER's Representative 12 OWNER' s Responsibilities 11 Patent Fees and Royalties 10 Performance and Other Bonds 6 Point of Delivery 5 7 Preliminary Matters 6 Procurement Agreement 5 Procurement Documents 5 Property Insurance 7 Rejecting Defective Goods 12 Remedying Defective Goods 14 Remedying Defective Special Services 14 Review of Applications for Progress Payments .... 8 Schedules 6 Schedules of Progress 6 Shipment and Delivery of the Goods 7 Shop Drawing Submissions 6 Shop Drawings 6 Shop Drawings and Samples 10 Special Services 6 Specifications 6 Supervision and Coordination 9 Surety 7 15 Suspension, Cancellation and Termination 12 Taxes 10 Tests and Inspections 14 Visits to CONTRACTOR's Facilities 12 Waiver of Claims 9 Warranty and Guarantee; Tests and Inspections. Correction, Removal or Acceptance 14 Procurement General Conditions ARTICLE 1 Definitions Wherever used in these Procurement General Con- ditions or in the other Procurement Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Procurement Documents. Application for Payment —The form accepted by EN- GINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Procurement Documents. Bid —The offer or proposal of the Bidder submitted on the prescribed form setting forth the price(s) for furnishing the Goods and Special Services. Bonds —Bid and performance bonds and other in- struments of security. Change Order —A written order to CONTRACTOR signed by OWNER authorizing an addition, deletion or revision in the Goods or Special Services, or an ad- justment in the Contract Price or the Contract Time issued after the effective date of the Procurement Agreement. Contract Price —The moneys payable by OWNER to CONTRACTOR under the Procurement Documents as stated in the Agreement. Contract Time —The total number of days or the dates stated in the Procurement Agreement for furnish- ing the Goods and Special Services. CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Procurement Agreement. day —A calendar day of twenty-four hours measured from midnight to the next midnight. defective —An adjective which when modifying the words Goods or Special Services refers to Goods or Special Services which are unsatisfactory, faulty or deficient, or do not conform to the Procurement Doc- uments or do not meet the requirements of any inspec- tion, reference standard, test or approval referred to in the Procurement Documents. Drawings —The drawings which show the character and scope of the Goods to be furnished and which have been prepared or approved by ENGINEER and are referred to in the Procurement Documents. effective date of the Procurement Agreement --The date indicated in the Procurement Agreement on which it becomes effective, or if no such date is indicated, the date on which the Procurement Agreement is signed and delivered by the last of the two parties to sign and deliver. ENGINEER —The person, firm or corporation named as such in the Procurement Agreement. ENGINEER's Order —A written order issued by EN- GINEER which clarifies or interprets the Procurement Documents or orders minor changes or alterations in the Goods or Special Services to be furnished but which does not involve a change in the Contract Price or the Contract Time. Goods —All tangible personal property required to be furnished under the Procurement Documents. Modification —(a) A written amendment of the Pro- curement Documents signed by both parties. (b) a Change Order, or (c) an ENGINEER's Order. A mod- ification may only be issued after the effective date of the Procurement Agreement. Notice of Award —The written notice by OWNER to the apparent successful Bidder stating that upon com- pliance by the apparent successful Bidder with the con- ditions precedent enumerated therein. within the time specified, OWNER will sign and deliver the Procure- ment Agreement. OWNER --The public body or authority, corpora- tion, association, partnership or individual with whom CONTRACTOR has entered into the Procurement Agreement. point of delivery —The place designated in the Procurement Agreement where the Goods are to be delivered. Procurement Agreement —The written agreement be- tween OWNER and CONTRACTOR covering the fur- nishing of the Goods, Special Services and other ser- vices in connection therewith. Other Procurement Documents are attached to the Agreement and made a part thereof as provided therein. Procurement Documents —The Procurement Agree- ment, Addenda (which pertain to the Procurement Documents), CONTRACTOR'S Bid (including docu- mentation accompanying the Bid and any post -Bid doc- umentation submitted prior to the Notice of Award) when attached as an exhibit to the Procurement Agree- ment, the Bonds, these Procurement General Condi- tions, the Procurement Supplementary Conditions. the Specifications, the Drawings as the same are more spe- cifically identified in the Procurement Agreement, to- gether with all Modifications issued after execution of the Agreement. Shop Drawings —All drawings, diagrams, illustra- tions, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of Goods. Special Services —Services to be furnished by CON- TRACTOR at the construction site as required by the Procurement Documents. Specifications —Those portions of the Procurement Documents consisting of written technical descriptions of materials, equipment, construction systems, stan- dards and workmanship as applied to the Goods and Special Services, and certain administrative details ap- plicable thereto. ARTICLE 2 Preliminary Matters Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Procurement Agreements to OWNER, CONTRAC- TOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accor- dance with paragraph 4.1. Commencement of Contract Time: 2.2. The Contract Time will commence to run on the effective date of the Procurement Agreement. Schedules: 2.3. CONTRACTOR shall, within ten days after the effective date of the Procurement Agreement, submit to ENGINEER preliminary schedules of progress, shop drawing submissions, tests, and deliveries as re- quired by the Procurement Documents. No schedule which is required to be and has been accepted by EN- GINEER will be changed by CONTRACTOR without notice to ENGINEER. ARTICLE 3 Intent of Procurement Documents 3.1. The Procurement Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the furnishing of the Goods and Special 6 Services. The Procurement Documents may be altered only by a Modification. 3.2. The Procurement Documents are complemen- tary: what is called for by one is as binding as if called for by all. If, during performance of the contract, CON- TRACTOR finds a conflict, error or discrepancy in the Procurement Documents, CONTRACTOR shall so re- port to ENGINEER in writing at once and shall obtain a written interpretation or clarification from ENGI- NEER before proceeding further; however, CON- TRACTOR shall not be liable to OWNER or ENGI- NEER for failure to report any conflict, error or dis- crepancy in the Procurement Documents unless CON- TRACTOR had actual knowledge thereof or should reasonably have known thereof. 3.3. All materials, equipment and services that may reasonably be inferred from the Procurement Docu- ments as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe materials, equip- ment or services, such words will be interpreted in accordance with such meaning. Reference to standard specifications, manuals or codes of any technical so- ciety, organization or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall mean the latest stan- dard specification, manual or code in effect at the time of opening of Bids (or, on the effective date of the Procurement Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provisions of any referenced standard specification, manual or code (whether or not specifically incorpo- rated by reference in the Procurement Documents) shall change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their agents, consultants or employees from those set forth in the Procurement Documents. Clarifications and in- terpretations of the Procurement Documents shall be issued by ENGINEER as provided in paragraph 9.2 ARTICLE 4 Bonds and Insurance Performance and Other Bonds: 4.1. CONTRACTOR shall furnish a performance bond in an amount at least equal to the Contract Price (unless otherwise provided) as security for the faithful performance of all CONTRACTOR's obligations under the Procurement Documents. This Bond shall remain in effect at least until one year after the date of final payment, except as otherwise provided by law. CON- TRACTOR shall also furnish such other Bonds as are required by the Procurement Supplementary Condi- tions. All Bonds shall be in the forms prescribed by the bidding documents or Procurement Supplementary Conditions and be executed by such sureties as are named in the current list of "Companies Holding Cer- tificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 4.2. If the surety on any Bond furnished by CON- TRACTOR is declared a bankrupt or becomes insol- vent or its right to do business is terminated in the state of the point of delivery or the surety ceases to meet the requirements of paragraph 4.1 CONTRACTOR shall within five days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. Property Insurance: 4.3. Unless otherwise provided in the Procurement Supplementary Conditions, CONTRACTOR shall as- sume all risk of loss or damage to the Goods prior to acceptance of delivery by OWNER at the point of delivery; and shall purchase and maintain insurance on the Goods during the process of fabrication and while in transit to insure against the perils of fire and extended coverage including "all risk" insurance for physical loss and damage including theft, vandalism and mali- cious mischief, collapse, water damage and such other perils as may be provided in the Procurement Sup- plementary Conditions and as CONTRACTOR deems appropriate. ARTICLE 5 Shipment and Delivery of the Goods Shipment and delivery of the Goods shall be in accor- dance with this Article except as otherwise provided or specified. 5.1. All Goods will be delivered f.o.b. point of deliv- ery. CONTRACTOR shall select the means and meth- ods of transportation. All transportation charges, in- cluding but not limited to switching, trucking, lighter- age and special handling will be paid by CONTRAC- TOR. 5.2. CONTRACTOR shall give OWNER and EN- GINEER at least fifteen days' prior written notice of the date when the Goods will be ready for shipment and the manner of shipment. Such notice will include instructions concerning any -,pecial equipment or set -- vices required at the point of delivery to unload and care for the Goods. CONTRACTOR also shall require the carrier to give OWNER not less than 24 hours notice by telephone of the anticipated hour of delivery. 5.3. OWNER shall provide facilities for receipt and unloading of the Goods. If the point of delivery is a construction site, OWNER shall provide the carrier reasonable access within the site to the point of delivery. 5.4. CONTRACTOR shall deliver the Goods to the point of delivery within a period of fifteen days (the "delivery period") prior to expiration of the Contract Time for delivery specified in the Procurement Agree- ment. 5.4.1. OWNER will not be obligated to accept any delivery of goods not made within the delivery pe- riod. Additional costs arising from delivery prior to or after the delivery period will be the responsibility of CONTRACTOR. 5.4.2 OWNER may by Change Order direct CON- TRACTOR to ship to another point of delivery or to accelerate or postpone the delivery period. OWNER shall be responsible for all additional expenses in- curred by CONTRACTOR as a result of any such direction, including but not limited to charges for storage, reconditioning, handling, overtime and in- surance. If CONTRACTOR believes that any such direction justifies an increase in the Contract Price or Contract Time, CONTRACTOR may make a claim therefor as provided in Article 11 or Article 12. 5.5. OWNER, accompanied by ENGINEER, shall inspect the Goods upon delivery for the sole purpose of identifying the Goods and general verification of quantities in order to provide a basis for a progress payment. Such inspection will not be construed as final or as acceptance of any Goods not in conformance with the Procurement Documents. If, when delivered, there are apparent defects in the Goods (through damage or otherwise), ENGINEER will give prompt wntten no- tice thereof to CONTRACTOR. CONTRACTOR shall without cost to OWNER correct the defect or replace the Goods with non -defective Goods. If CONTRAC- TOR does not do so promptly and to the satisfaction of OWNER and ENGINEER, OWNER may, upon EN- GINEER's recommendation, accept delivery of the defective Goods and remedy the defect as appropriate with an appropriate reduction in the Contract Price as provided in paragraph 13.8 instead of requiring removal or replacement. OWNER may refuse to accept delivery of any Goods that are apparently defective. If there are no apparent defects, OWNER shall accept delivery. 5.6. Notice of OWNER's acceptance of delivery will be provided to CONTRACTOR by a receipted copy of the shipping documents or as otherwise provided. ARTICLE 6 Applications for Payment Applications for Progress Payments: 6.1. CONTRACTOR shall submit to ENGINEER for review Applications for Payment filled out and signed by CONTRACTOR and accompanied by such sup- porting documentation as is required by the Procure- ment Documents and also as ENGINEER may reason- ably require. The first Application for Payment will be submitted after review and approval by ENGINEER of all Shop Drawings and of all samples required by the Procurement Documents. The second Application for Payment will be submitted after delivery of the Goods has been accepted by OWNER in accordance with paragraph 5.5 and will be accompanied by a bill of sale and other documentation satisfactory to OWNER war- rantmg that OWNER has received the Goods free and clear of all liens, charges, security interests and encum- brances. Such documentation shall include releases and waivers from all parties who, during CONTRAC- TOR's performance under the Procurement Docu- ments, might have obtained or filed any such lien, charge, security or encumbrance. In the case of mul- tiple deliveries of Goods, additional Applications for Payment will be submitted as OWNER accepts deliv- ery of additional items of the Goods. Review of Applications for Progress Payments: 6.2. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Appli- cation to OWNER, or return the Application to CON- TRACTOR indicating in writing ENGINEER's rea- sons for refusing to recommend payment. In the latter case, CONTRACTOR may -make the necessary cor- rections and resubmit the Application. 6.2.1. ENGINEER's recommendation of payment requested in the first Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's review of the Ap- plication for Payment and the accompanying data, that the Shop Drawings and samples have been re- viewed and approved as required by the Procurement Documents and CONTRACTOR is entitled to pay- ment of the amount recommended; but will not con- stitute a representation to OWNER that ENGI- NEER has made any observation or inspection of the quality or quantity of the Goods. 6.2.2. ENGINEER'S recommendation of payment 8 requested in the Application for Payment submitted upon OWNER s acceptance of delivery of the Goods will constitute a representation by ENGINEER to OWNER, based on ENGINEER-s review of the Ap- pitcation for Payment and the accompanying data and ENGINEER-s inspection of the Goods in ac- cordance with paragraph 5.5, that to the best of ENGINEER's knowledge, information and belief ENGINEER has identified the Goods listed in the Application for Payment and generally verified the quantities as being in accordance with the Procure- ment Documents, that on the basis of such limited inspection there are no apparent defects in the Goods, and that the Goods appear to be suitable for installation. Such recommendation will not consti- tute a representation that ENGINEER had made a final inspection of the Goods, that the Goods are free from defects, acceptable or in conformance with the Procurement Documents or that ENGINEER has made any investigation as to OWNER's title to the Goods. 6.2.3. ENGINEER may refuse to recommend that all or any part of a progress payment be made if, in ENGINEER's opinion, such recommendation would be incorrect or if on the basis of subsequently discovered evidence or subsequent inspections or tests ENGINEER considers such refusal necessary to protect OWNER from loss because the Contract Price has been reduced due to Modifications, Goods are found defective, or CONTRACTOR has failed to furnish acceptable Special Services. Amount and Timing of Progress Payments: 6.3. The amounts of the progress payments will be as provided in the Procurement Agreement. OWNER shall within ten days after receipt of each Application for Payment with ENGINEER's recommendation pay CONTRACTOR the amount recommended; but, in the case of the Application for Payment upon OWNER's acceptance of delivery of the Goods, said ten-day pe- riod may be extended for so long as is necessary (but in no event more than twenty days) for OWNER to examine the bill of sale and other documentation sub- mitted therewith. OWNER shall notify CONTRAC- TOR promptly of any deficiency in the documentation and shall not unreasonably withhold payment. Final Inspection: 6.4. After all of the Goods have been incorporated into OWNER's project, tested in accordance with such field tests as are specified, and apparently functioning as intended, ENGINEER will make final inspection and advise OWNER and CONTRACTOR whether or not the Goods appear to be acceptable in accordance with the Procurement Documents. If not so acceptable, ENGINEER will identify the apparent defects in writ- ing. CONTRACTOR shall immediately take such mea- sures as are necessary to remedy all defects. Final Application for Payment: 6.5. After CONTRACTOR has remedied all apparent defects to the satisfaction of ENGINEER, furnished all Special Services and delivered all maintenance and operating instructions, schedules, guarantees, certifi- cates of inspection, and other documents (all as re- quired by the Procurement Documents) ENGINEER will issue to OWNER and CONTRACTOR a notice of acceptability. CONTRACTOR may then make appli- cation for final payment following the procedure for progress payments. The final Application for Payment will be accompanied by all documentation called for in the Procurement Documents and such other data and schedules as ENGINEER may reasonably require. Final Payment: 6.6. If, on the basis of the final inspection and review of the final Application for Payment and accompanying documentation, ENGINEER is satisfied that the Goods are in accordance with the Procurement Documents, that Special Services have been furnished as required and that CONTRACTOR's other obligations under the Procurement Documents have been fulfilled, ENGI- NEER will, within ten days after receipt of the final Application for Payment, recommend in writing final payment subject to the provisions of paragraph 6.8 and present the Application to OWNER. Otherwise, EN- GINEER will return the Application to CONTRAC- TOR, indicating the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Ap- plication. If the Application and accompanying docu- mentation are appropriate as to form and substance, OWNER shall, within thirty days after receipt thereof, pay CONTRACTOR the amount recommended by ENGINEER. 6.7. If, through no fault of CONTRACTOR, final in- corporation of the Goods (or any component thereof) into OWNER'S project. the testing the performance thereof as part of a functioning whole or the furnishing of Special Services is delayed by more than ninety days (unless otherwise specified) after acceptance of de- livery by OWNER and if ENGINEER so confirms. OWNER shall, upon receipt of an Application for Pay- ment from CONTRACTOR and recommendation of ENGINEER, and without terminating the Agreement, make payment for the Goods (or components) so ac- cepted and Special Services furnished. If the remaining balance to be held by OWNER for Goods and Special Services not yet furnished or accepted is less than the retainage stipulated in the Procurement Agreement, and if Bonds have been furnished as required in para- graph 4.1, CONTRACTOR shall submit with such Ap- plication for Payment written consent of the surety to payment of the amount requested. Such payment will be made under the terms and conditions governing final payment, but will not constitute any waiver of claims. Waiver of Claims: 6.8. The making and acceptance of final payment will constitute: 6.8.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unset- tled liens and claims, from defective Goods appear- ing after final inspection pursuant to paragraph 6.4, from defects in Special Services appearing after final payment or from failure to comply with the Procure- ment Documents or the terms of any special guar- antees specified therein: however, final payment will not constitute a waiver by OWNER of any rights in respect of CONTRACTOR's continuing obligations under the Procurement Documents; and 6.8.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 7 Contractor's Responsibilities Supervision and Coordination: 7 I. CONTRACTOR shall competently and effi- ciently supervise and direct production of the Goods and furnishing of Special Services and coordinate all operations required to deliver the Goods and furnish Special Services. CONTRACTOR shall designate in writing to OWNER and ENGINEER a person with authority to act on behalf of CONTRACTOR with re- spect to CONTRACTOR's obligations under the Pro- curement Documents, and all communications given to or received from that person will be binding on CON- TRACTOR. Except as specifically provided in the Pro- curement Documents with respect to Special Services or otherwise, CONTRACTOR shall not be required to perform services at the site. Material, Equipment and Workmanship: 7.2. Unless otherwise specified, the materials and equipment incorporated in the Goods will be new and of good quality. All workmanship will be of good qual- ity and free from defects. CONTRACTOR shall, if 9 required by ENGINEER, furnish satisfactory evidence as to the source, kind and quality of the materials and equipment incorporated in the Goods. Special Services will be performed by competent and qualified person- nel. Equivalent Goods: 7.3. Whenever materials or equipment are specified or described in the Procurement Documents by using the name of a proprietary item or the name of a partic- ular manufacturer, fabricator, supplier or distributor, the naming of the item is intended to establish the type, function and quality required. Unless the name is fol- lowed by words indicating that no substitution is per- mitted, materials or equipment of other manufacturers. fabricators, suppliers or distributors may be accepted by ENGINEER if sufficient information is submitted by CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is equivalent to that named. The procedure for review by ENGI- NEER will be as set forth in paragraphs 7.3.1 and 7.3.2 as supplemented in the General Requirements. 7.3.1. Requests for review of substitute items of material or equipment will not be accepted by EN- GINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substi- tute item of material or equipment, CONTRACTOR shall make written application to ENGINEER for acceptance thereof certifying that the proposed sub- stitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. The application will state that the eval- uation and acceptance of the proposed substitute will not prejudice the timely delivery of the Goods, whether or not acceptance of the substitute will re- quire a change in any of the Procurement Documents to adapt the design to the substitute and whether or not incorporation or use of the substitute in connec- tion with the production of the Goods is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available mainte- nance, repair and replacement service will be indi- cated. ENGINEER may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. ENGINEER will be allowed a reasonable time within which to evaluate the proposed substitute and will be the sole judge of acceptability, and no substitute will be ordered or installed without ENGINEER's prior written accep- tance. OWNER may require CONTRACTOR to fur- nish at CONTRACTOR's expense a special perfor- mance guarantee or other surety with respect to any substitute. 10 7.3.2. ENGINEER will record time required by ENGINEER and ENGINEER's consultants in eval- uating substitutes proposed by CONTRACTOR and in making changes in the Procurement Documents occasioned thereby. Whether or not ENGINEER accepts a proposed substitute, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's consultants for evaluating pro- posed substitutes. Patent Fees and Royalties: 7.4. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in production of the Goods or the incorporation in the Goods of any invention. design, process, product or device which is the subject of patent rights or copy- rights held by others. If a particular invention, design, process, product or device is specified in the Procure- ment Documents for use in producing the Goods and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Procurement Documents. CONTRAC- TOR shall indemnify and hold harmless OWNER and ENGINEER and anyone dtrectly or indirectly em- ployed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in production of the Goods or incorporation therein of any invention, de- sign, process, product or device not specified in the Procurement Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Taxes: 7.5. CONTRACTOR shall pay all sales, consumer, use and other similar taxes, required by law to be paid in respect of the production and delivery of the Goods and the furnishing of Special Services. Shop Drawings and Samples: 7.6. CONTRACTOR shall submit to ENGINEER in accordance with the accepted schedule of Shop Draw- ings submissions five copies (unless otherwise speci- fied) of all Shop Drawings which will have been checked by and bear a specific notation or indication of approval of CONTRACTOR and be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction and like in- formation to enable ENGINEER to review the infor- mation as required. 7.7. CONTRACTOR shall also submit to ENGI- NEER with such promptness as to cause no delay in the timely production of the Goods, all samples re- quired by the Procurement Documents. All samples will have been checked by and accompanied by a spe- cific indication of approval of CONTRACTOR, and will be identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 7.8. At the time of each submission, CONTRACTOR shall in writing call ENGINEER's attention to any deviations that the Shop Drawings or samples may have from the requirements of the Procurement Documents. 7.9. ENGINEER will review and approve with reasonable promptness Shop Drawings and samples, but ENGINEER's review and approval will be only for conformance with the design concept of the Goods and for compliance with the information given in the Pro- curement Documents. Such review and approval will not extend to design data reflected in Shop Drawings which is peculiarly within the special expertise of CON- TRACTOR or any party dealing directly with CON- TRACTOR. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and, if necessary, shall submit new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous sub- mittals. CONTRACTOR's submission of any Shop Drawing or sample bearing CONTRACTOR' s approval shall constitute a representation to OWNER and EN- GINEER that CONTRACTOR assumes full responsi- bility for having determined and verified the design criteria, quantities, dimensions, installation require- ments, materials, catalog numbers, and similar data and that CONTRACTOR has reviewed or coordinated each Shop Drawing or sample with the requirements of the Procurement Documents: however, it shall not be CONTRACTOR's primary responsibility to make cer- tain that the Goods are in accordance with the re- quirements of applicable laws, ordinances, rules or regulations. 7.10. When a Shop Drawing or sample is required by the Specifications. CONTRACTOR shall not com- mence production of any part of the Goods affected thereby until such Shop Drawing or sample has been reviewed and approved by ENGINEER. 11 7.11. ENGINEER's review and approval of Shop Drawings or samples will not relieve CONTRACTOR from responsibility for any deviations from the Pro- curement Documents unless CONTRACTOR has in writing called ENGINEER'S attention to such devia- tion at the time of submission and ENGINEER has given written concurrence and approval to the specific deviation, nor will any concurrence or approval by ENGINEER relieve CONTRACTOR from responsi- bility for errors or omissions in the Shop Drawings. Continuing Performance: 7.12. CONTRACTOR shall continue performance of the contract during all disputes or disagreements with OWNER. No production of Goods will be delayed or the timely delivery of Goods or furnishing of Special Services be prejudiced, delayed or postponed pending resolution of any disputes or disagreements, except as CONTRACTOR and OWNER may otherwise agree in writing. Access to Goods in Production: 7.13. CONTRACTOR shall provide ENGINEER, ENGINEER's representatives and other representa- tives of OWNER, testing agencies, and governmental agencies with jurisdictional interests proper and safe access to Goods in the process of production at reason- able times as is necessary for the performance of their functions in connection with the Procurement Documents. ARTICLE 8 Owner's Responsibilities 8.1. OWNER shall issue all communications to CON- TRACTOR through ENGINEER. 8.2. OWNER shall furnish the data required of OWNER under the Procurement Documents promptly and shall make payments to CONTRACTOR when due. 8.3. In connection with OWNER's rights to order changes in accordance with Article 10, OWNER is obligated to execute Change Orders. 8.4. OWNER's responsibility in respect of accepting delivery of the Goods is set forth in paragraph 5.5. 8.5. OWNER shall provide CONTRACTOR, CON- TRACTOR's representatives, testing agencies and other governmental agencies with jurisdictional inter- ests, proper and safe access to the site at reasonable times as is necessary for performance of their functions in connection with the procurement contract. ARTICLE 9 Engineer's Status OWNER's Representative: 9.1. ENGINEER will be OWNER's representative. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER' s representative are set forth in the Procurement Documents and will not be extended without written consent of OWNER and ENGINEER and written notice to CONTRACTOR. Clarifications and Interpretations: 9.2. ENGINEER will issue with reasonable prompt- ness such written clarifications or interpretations of the requirements of the Procurement Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Pro- curement Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an in- crease in the Contract Price or Contract Time, CON- TRACTOR may make a claim therefor as provided in Article 11 or Article 12. Rejecting Defective, Goods: 9.3. ENGINEER will have authority to disapprove or reject Goods or Special Services which are defec- tive. Decisions on Disputes: 9.4. ENGINEER will be the initial interpreter of the requirements of the Procurement Documents and judge of the acceptability of the Goods and Special Services. Claims, disputes and other matters relating to such acceptability or the interpretation of the requirements of the Procurement Documents pertaining to CON- TRACTOR's performance and claims under Articles 11 and 12 in respect of Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute or other matter shall be delivered by the claimant to ENGINEER and the other party to the Agreement within fifteen days after the occurrence of the event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within forty-five days after such occurrence un- less ENGINEER allows an additional period of time to ascertain more accurate data. In his capacity as in- 12 terpreter and judge ENGINEER will not show partial- ity to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision ren- dered in good faith in such capacity. 9.5. The rendering of a decision by ENGINEER pur- suant to paragraph 9.4 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 6.8) will be a condition pre- cedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Procurement Documents or at law in respect of any such claim, dispute or other matter. Visits to CONTRACTOR's Facilities: 9.6. ENGINEER will not make visits to CONTRAC- TOR's facilities where the Goods are being produced to observe production, inspection or testing of the Goods except as otherwise specified in the Procure- ment Documents. Limitations on ENGINEER's Responsibilities: 9.7. Neither ENGINEER's authority to act under these Procurement General Conditions or elsewhere in the Procurement Documents nor any decision made by ENGINEER in good faith either to exercise or not to exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR or any of CONTRACTOR's agents or employees or any other person furnishing materials or equipment for in- corporation in the Goods or furnishing services inci- dental thereto. 9.8. Whenever in the Procurement Documents the terms "as ordered'', "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable". "suit- able", "acceptable". "proper" or "satisfactory" or adjectives of like effect or import are used to describe requirement, direction, review or judgement of EN- GINEER, it is intended that such requirement, direc- tion, review or judgement will be solely to evaluate the Goods and Special Services for compliance with the Procurement Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective never indicates that ENGINEER shall have.authority to supervise or direct any of CON- TRACTOR's operations or activities. 9.9. ENGINEER will not be responsible for CON- TRACTOR's failure to produce and deliver the Goods and furnish Special Services in accordance with the Procurement Documents, nor will ENGINEER be re- sponsible for any acts or omissions of CONTRACTOR or of any other persons furnishing or delivering any Goods, furnishing Special Services or performing other services in connection therewith. ARTICLE 10 Changes in the Goods or Special Services 10.1. Without invalidating the Agreement, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Goods or furnishing of Special Services: these changes will be authorized by Change Orders. Upon receipt ofa Change Order, CON- TRACTOR shall proceed on the basis of the change involved. If any Change Order causes an increase or decrease in the Contract Price or an extension or short- ening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12 on the basis of a claim made by either party. 10.2. ENGINEER may authorize minor changes in the Goods or Special Services not involving an adjust- ment in the Contract Price or the Contract Time, which are consistent with the overall intent of the Contract Documents. These minor changes may he accom- plished by an ENGINEER's Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the change promptly. If CONTRACTOR be- lieves that an ENGINEER's Order justifies an increase in the Contract Price or Contract Time, CONTRAC- TOR may make a claim therefor as provided in Article 11 or Article 12. 10.3. Changes made in the Goods or Special Services without authorization ofa Change Order will not entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except as provided in paragraph 10.2. 10.4. OWNER shall execute appropriate Change Or- ders prepared by ENGINEER covering changes which are required by OWNER, or because of any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price which is recommended by ENGINEER. 10.5. [f notice to the surety of any change in the contract is required by the provisions of any Bond. the giving of such notice will be CONTRACTOR'S respon- sibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11 Change of Contract Price , The Contract Price constitutes the total com- pensation (subject to authorized adjustments) payable to CONTRACTOR for furnishing the Goods, Special Services and performing other services in connection therewith. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or written amendment. Any claim for an increase in the Contract Price shall be based on written notice delivered to OWNER and ENGINEER within fifteen days of occurrence of the event giving rise to the claim. Notice of the amount of the claim with support- ing data shall be delivered within forty-five days after such occurrence unless ENGINEER allows an addi- tional period of time to ascertain accurate cost data. All claims for adjustment in the Contract Price shall be determined by ENGINEER if OWNER and CON- TRACTOR cannot otherwise agree on the amount in- volved. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order. ARTICLE 12 Change of Contract Time 12.1. The Contract Time may only be changed by a Change Order. Any claim for an extension in the Con- tract Time shall be based on written notice delivered to OWNER and ENGINEER within fifteen days of the occurrence of the event giving rise to the claim, Notice of the extent of the claim with supporting data shall be delivered within forty-five days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data. All claims for adjust- ment in the Contract Time shall be determined by ENGINEER if OWNER and CONTRACTOR cannot otherwise agree. Any change in the Contract Time re- sulting from any such claim shall be incorporated in a Change Order. 12.2. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CONTRACTOR if a claim is made therefor as provided in paragraph 12.1. Such delays shall in- clude, but not be limited to, acts of neglect by OWNER, or to tires, Hood, labor disputes, epidemics, abnormal weather conditions, governmental procedures, or acts of God. 12.3. All time limits stated in the Procurement Doc- uments are of the essence of the Procurement Agree- (nent. The provisions of this Article 12 shall not exclude recovery for damages including compensation for ad- ditional professional services) for delay by either party. 13 ARTICLE 13 Warranty and Guarantee; Tests and Inspections, Correction, Removal or Acceptance CONTRACTOR's Continuing Obligation; Warranties, Guarantees: 13.1. CONTRACTOR's obligation to furnish the Goods and Special Services and to perform other ser- vices in connection therewith in accordance with the Procurement Documents is absolute, and CONTRAC- TOR warrants and guarantees to OWNER and EN- GINEER that all Goods, Special Services and other services will be in accordance with the Procurement Documents and free from defects. Prompt notice of all observed defects will be given to CONTRACTOR. 13.2. Neither recommendation of any progress or final payment by ENGINEER, nor any payment by OWNER to CONTRACTOR under the Procurement Documents, nor any use of the Goods by OWNER, nor any act of acceptance by OWNER, nor any failure to do so, nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 6.5, nor any cor- rection of defective Goods or Special Services by OWNER will constitute an acceptance of Goods, Spe- cial Services or other services not in accordance with the Procurement Documents or a release of CON- TRACTOR's obligation to furnish the Goods, Special Services and other services in accordance with the Procurement Documents, except as otherwise pro- vided in paragraph 6.8.1. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Goods for all those inspec- tions, tests or approvals which the Procurement Doc- uments specify are to be observed by ENGINEER or another party prior to OWNER's acceptance of deliv- ery. OWNER will give CONTRACTOR timely notice of all tests, inspections and approvals of the Goods called for by the Procurement Documents which are to be conducted at the site after such acceptance and prior to final payment. Remedying Defective Goods: 13.4. If at any time after OWNER's acceptance of delivery under paragraph 5.5, and before expiration of the correction period under paragraph 13.6, OWNER or ENGINEER determines that the Goods are defec- tive, CONTRACTOR shall, upon written notice from and as required by ENGINEER, either correct the defects or remove the Goods and replace them with non -defective Goods. If CONTRACTOR does not do so promptly and to the satisfaction of OWNER and ENGINEER, OWNER may, upon ENGINEER's rec- ommendation. accept the defective Goods instead of requiring correction or removal and replacement. 13.5. If CONTRACTOR fails to take action as re- quired by ENGINEER in accordance with paragraph 13.4, OWNER may, after ten days' written notice to CONTRACTOR, remedy any such deficiency instead of requiring removal or replacement. In an emergency where delay would cause serious risk of loss or damage, OWNER may take such action without notice to or waiting for action by CONTRACTOR. Correction Period: 13.6. CONTRACTOR's responsibility for remedying all defects in the Goods will extend for a period of one year after the earlier of the date on which OWNER has placed the Goods to continuous service or the date of final payment, or for such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Procurement Docu- ments or by any specific provisions of the Procurement Documents. Remedying Defective Special Services: 13,7. If, at any time ENGINEER notifies CON- TRACTOR in writing that any of the Special Services are defective, CONTRACTOR shall promptly provide acceptable services. If CONTRACTOR fails to do so, OWNER may obtain the Special Services elsewhere. Costs of Remedying Defects: 13.8. All direct, indirect and consequential costs of correcting, removing and replacing defective Goods or of obtaining Special Services elsewhere and of exercis- ing OWNER's rights and remedies under paragraphs 5.5 and 13.4 through 13.7 inclusive, will be charged against CONTRACTOR in an amount verified by EN- GINEER; and, if incurred prior to final payment, a Change Order will be issued incorporating the neces- sary revisions in the Procurement Documents and a reduction in the Contract Price, or if incurred after final payment, an appropriate amount will be paid by CON- TRACTOR to OWNER. Such direct, indirect and con- sequential costs will include, in particular but without limitation, compensation for additional professional services required and all costs of repair and replace- ment of Goods, or property of OWNER or others de- stroyed or damaged by correction, removal or replace- ment of defective Goods. CONTRACTOR will not be allowed an extension of the Contract Time because of 1 14 any delay in performance attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph. ARTICLE 14 Suspension, Cancellation and Termination OWNER May Suspend: 14.1. OWNER may, at any time and without cause, suspend production of the Goods or any portion thereof or the furnishing of Special Services or other services for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER. Upon fifteen days' written notice from OWNER, CON- TRACTOR shall resume performance. CONTRAC- TOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefore as provided in Ar- ticles II or 12. OWNER May Cancel: 14.2. OWNER may. at any time without cause, upon ten days' written notice to CONTRACTOR, cancel all or any part of the undelivered Goods or unfurnished Special Services and shall pay CONTRACTOR reason- able cancellation charges. OWNER May Terminate: 14.3. Upon the occurrence of any one or more of the following events: 14.3.1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, U.S. Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar ac- tion by filing a petition or otherwise under any other federal or state law in effect at such time relating to bankruptcy or insolvency: 14.3.2. if a petition is filed against CONTRACTOR under any chapter of said Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other fed- eral or state law in effect at the time relating to bankruptcy or insolvency; 14.3.3. if CONTRACTOR makes a general asstgn- ment for the benefit of creditors: 14.3.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law. or under contract. whose appointment or authority to take charge of property of CONTRACTOR is for 15 the purpose of enforcing a lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's credi- tors; 14.3.5. if CONTRACTOR admits in writing an in- ability to pay its debts generally as they become due; or 14.3.6. a breach by CONTRACTOR in any sub- stantial way of any provision of the Procurement Documents and such breach continues for a period of fifteen days after written notice to correct the breach from OWNER to CONTRACTOR; OWNER may, after giving CONTRACTOR and the surety ten days' written notice and to the extent permit- ted by law, terminate the services of CONTRACTOR. In such case, CONTRACTOR shall not be entitled to receive any further payment until all Goods are pro- vided and Special Services and other services furnished in accordance with the Procurement Documents. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs to OWNER of such termination (including compensation for additional pro- fessional services), such excess will he paid to CON- TRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incorporated in a Change Order, but when exercising any rights or rem- edies under this paragraph, OWNER shall not be re- quired to obtain the lowest price. 14.4. Where CONTRACTOR's services have been so terminated by OWNER, the transaction will not affect any rights and remedies of OWNER against CON- TRACTOR then existing or which may thereafter ac- crue. Any retention or payment of moneys due CON- TRACTOR by OWNER will not release CONTRAC- TOR from liability. CONTRACTOR May Suspend or 'Terminate: 14.5. If. through no act or fault of CONTRACTOR, production of the Goods or furnishing of Special Ser- vices is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority. or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon ten days' written no- tice to OWNER and ENGINEER. terminate the Pro- curement Agreement and recover from OWNER pay- ment for all Goods completed and Special Services and other services furnished and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Procurement Agreement, if OWNER has faded to make any payment as aforesaid, CONTRACTOR may upon ten days' written notice to OWNER and ENGINEER suspend production of the Goods and fumishing of Special Services or other ser- vices until payment of all amounts then due. The provi- sions of this paragraph will not relieve CONTRACTOR of obligations under paragraph 7.12 to continue perfor- mance of the contract without delay during disputes and disagreements with OWNER. ARTICLE 15 Arbitration 15.1. All claims, disputes and other matters in ques- tion between OWNER and CONTRACTOR arising out of, or relating to the Procurement Documents or the breach thereof except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 6.8, shall be decided by ar- bitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Asso- ciation then obtaining subject to the limitations of this Article 15. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in ac- cordance herewith as provided in this Article 15 will be specifically enforceable under the prevailing arbitration law of any court having jurisdiction. 15.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to EN- GINEER initially for decision in accordance with para- graph 9.4 shall be made until the earlier of (a) the date on which ENGINEER has rendered a decision or (b) the tenth day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter shall be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with para- graph 9.4: and the failure to demand arbitration within said thirty days' period shall result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but shall not su- persede the arbitration proceedings, except where the decision is acceptable to the parties concerned. 15.3. Notice of the demand for arbitration shall be filed in writing with the other party to the Procurement Agreement and with the American Arbitration Asso- ciation, and a copy shall be sent to ENGINEER for information. The demand for arbitration shall be made within the thirty -day period specified in paragraph 15.2 where applicable, and in all other cases within a reason- able time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal 16 or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 15.4. No arbitration arising out of or relating to the Procurement Documents shall include by consolida- tion, joinder or in any other manner any other person or entity (including ENGINEER and ENGINEER's agents, employees or consultants) who is not a party to this Agreement unless: 15.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, 15.4.2. such other person or entity is substantially involved in aquestion of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 15.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclu- sion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 15.5. The award rendered by the arbitrators will be final, judgement may be entered upon it in any court having jurisdiction thereof, and will not be subject to modification or appeal except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. §§10, 11). ARTICLE 16 Miscellaneous Giving Notice: 16.1. Whenever any provision of the Procurement Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Time: 16.2. When any period of time is referred to in the Procurement Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a a Saturday or Sunday or on a day made a legal holiday by 1� the law of the applicable jurisdiction, such day will be omitted from the computation. General: 16.3. The duties and obligations imposed by these Procurement General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRAC- TOR by paragraphs 13.1 and 13.6 and all of the rights and remedies available to OWNER and ENGINEER thereunder, will be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guarantee or by other provisions of the Procurement Documents, and the provisions of this paragraph shall be as effective as if repeated specifi- cally in the Procurement Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Procurement Documents will survive final payment and termination or completion of this Agreement. 17 IV. SPECIFICATIONS Division One - General Requirements SECTION 1000 SPECIAL PROVISIONS 1000.1 COORDINATION OF PLANS, SPECIFICATION AND SPECIAL PROVISIONS These technical specifications, special provisions, general conditions and all supplementary documents are essential parts of the contract, and a requirement in one is binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work or project. In case of discrepancy, calculated dimensions will govern over scaled dimensions; special provisions shall govern over technical specifications, Federal Aviation Administration General Provisions (General Provisions), Procurement General Conditions, cited standards for materials or testing, and cited Federal Aviation Administration Advisory Circulars (Advisory Circulars); technical specifications shall govern over General Provisions, Procurement General Conditions, cited standards for materials or testing, and cited Advisory Circulars; General Provisions shall govern over Procurement General Conditions, cited standards for materials or testing, and cited Advisory Circulars; Procurement General Conditions shall govern over cited standards for materials or testing, and cited Advisory Circulars; cited standards for materials or testing shall govern over cited Advisory Circulars. If there is a conflict in requirements between the general notes and details on the plans, the requirement of the detail on the plans shall prevail. The Contractor shall take no advantage of any apparent error or omission in the plans or contract documents. In the event the Contractor discovers such an error or omission, he shall immediately notify the Engineer. The Engineer will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the plans and contract documents. 1000.2 SUPPLEMENTARY CONDITIONS --OWNER These Supplementary Conditions amend or supplement the Procurement General Conditions of the Procurement Agreement and other provisions of the Procurement Documents as indicated below. All provisions, which are not so amended or supplemented, remain in full force and effect. The terms used in these Supplementary Conditions, which are defined in the Procurement General Conditions of the Procurement Agreement, have the meanings assigned to them in the Procurement General Conditions. Article 2, Preliminary Matters 2.1 Delivery of Bonds Delete paragraph 2.1 of the Procurement General Conditions in its entirety. Article 4, Bonds and Insurance 4.1 and 4.2 Performance and Other Bonds Delete paragraph 4.1 of the Procurement General Conditions in its entirety. Delete paragraph 4.2 of the Procurement General Conditions in its entirety. SPECIAL PROVISIONS L\06091\WPFILES\SRE SPECS\01000_MCCALL SNOW REMOVAL DOC 1000-1 4.3.1. Additional Insurance Required The Contractor shall provide coverage for not less than the following amounts or greater where required by law: 4.3.1.1. Workers' Compensation: (1) State: Statutory (2) Applicable Federal (e.g. Longshoreman's): Statutory (3) Employer's Liability: $1,000,000 4.3.1.2. Comprehensive General Liability: (1) Bodily Injury and Property Damage: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate, Products and Completed Operations (2) Property Damage liability insurance will provide Explosion, Collapse and Underground coverage where applicable. (3) Personal Injury, with Employment Exclusion Deleted $2,000,000 Annual Aggregate 4.3.1.3. Comprehensive Automobile Liability: (1) Bodily Injury and Property Damage: $1,000,000 Each Person $1,000,000 Each Accident 4.3.1.4. Additional Insurance Requirements: (1) CONTRACTOR shall provide completed operations and products coverage in the amount of $1,000,000. (2) Add City of McCall, Idaho and T-O Engineers as named insured under terms of policies for coverages as flows: a. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR'S employees. b. Claims for damages insured by customary personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any such reason. c. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including Toss of use resulting therefrom; and d. Claims for damages because of bodily injury or death of any person or property damages arising out of the ownership, maintenance or use of any motor vehicle. SPECIAL PROVISIONS 1 \08091\WPFILES\SRE SPECS\01000_MCCALL SNOW REMOVAL DOC 1000-2 (3) Additional subcontractors employed by the ENGINEER other than those named above shall also be included as named insured. ENGINEER shall notify CONTRACTOR prior to execution of Agreement of any additional unidentified subcontractors. The manufacturer shall provide OWNER with a copy of their product liability insurance to assure no undue risk is passed to OWNER when equipment is purchased. The manufacturer shall indemnify, in writing, co- insured named above against all product liability. Article 6, Applications for Payment 6.1 Applications for Progress Payments Add the following to paragraph 6.1, Applications for Progress Payments: Measurement and payment for Goods and Special Services shall be made per bid item identified in Bid Schedules. The CONTRACTOR shall submit three progress payment requests. 1. Progress Payment Number 1 to be processed when the following Special Services described in Specification Section 1010 Summary of Work, Part 2 have been completed and accepted: • Shop Drawings approved by the ENGINEER Progress Payment Number 1 equal to 10% of the Contract Price. 2. Progress Payment Number 2 to be processed when the following have been completed and accepted: • Delivery of Goods to the OWNER • Field Testing and Startup Services (Special Services) • Operations and Maintenance Manuals (Special Services) Progress Payment Number 2 to increase total payments to 95% of the Contract Price. 3. Progress Payment Number 3 or Final Payment of remaining amounts shall be made after completion of the initial 60-day operational period. 6.3 Amount and Timing of Progress Payments Amend paragraph 6.3, Amount and Timing of Progress Payments to read as follows: The amount of the progress payments will be as provided in the Procurement Agreement. OWNER shall within sixty days after receipt of each Application for Payment with ENGINEERS' recommendation pay CONTRACTOR the amount recommended; but in the case of the Application for Payment upon OWNER's acceptance of delivery of the Goods, said sixty day period may be extended for so long as is necessary for OWNER to examine the bill of sale and other documentation submitted therewith. OWNER shall notify CONTRACTOR promptly of any deficiency in the documentation and shall not unreasonably withhold payment. SPECIAL PROVISIONS I \08091\WPPILES\SRE SPECS101000 MCCALL SNOW REMOVAL DOC 1000-3 6.6 Final Payment Amend the last sentence to read as follows If the Application and accompanying documentation are appropriate as to form and substance, OWNER shall, within sixty days after receipt thereof, pay CONTRACTOR the amount recommended by the ENGINEER. Article 7, Contractor's Responsibilities 7.5 Taxes Add the following sentence to the end of paragraph 7.5, Taxes: The OWNER is exempt from Federal and State taxes and will execute the required exemption certificate. Article 15, Arbitration Delete this article from the Procurement General Conditions. Arbitration shall not be used to resolve disputes or other matters in question. Article 16, Miscellaneous 16.4 Litigation Costs Add the following new paragraph 16.4, Litigation Costs: Should litigation occur between the two parties relating to any provision of this Contract, all litigation costs, collection expenses, witness fees, court costs and attorney fees incurred by the prevailing party as allowed by the court shall be paid to the prevailing party by the non -prevailing party and on appeal or bankruptcy proceedings. SPECIAL PROVISIONS L\08091\WPFILES\SRE SPECS\01000_MCCALL SNOW REMOVAL DOC 1000-4 SECTION 1010 SUMMARY OF WORK PART 1 - INTENT OF PROCUREMENT SPECIFICATIONS It is the intent of these specifications to describe the Goods and Special Services desired for procurement by the Owner in sufficient detail to secure comparable bids. All parts or services necessary to provide the Goods and Special Services in a complete and operable condition to the sole satisfaction of the Owner shall be provided as part of the complete product and all associated costs included in the bid whether on not they are specifically mentioned or identified. Such items or services shall conform in strength, quality of material and workmanship to what is provided by the trade in general. PART 2 - GOODS. 2.1 DESCRIPTION. Snow removal equipment shall consist of a diesel powered, articulating four -wheel -drive, bidirectional prime mover (tractor). The unit shall be compatible with all types of snow removal operations. Attachments include a 12 feet wide snow blade and a PTO -driven runway broom. The tractor shall provide a minimum of 105 PTO horsepower at rated engine rpm. The broom head shall be a minimum of 14 feet long, capable of sweeping a clear width of 11 feet minimum with the broom head turned in the sweeping position. Indicate length of broom to be supplied on the Bid Form. Bid Add Alternates include equipping the tractor with engine end PTO, a cab end mounted loader and bucket, and an engine end mounted PTO -driven snow blower. 2.2 SCHEDULE. The Goods are to be delivered to the point of delivery, commissioned and ready for Owner's acceptance on or before 180 calendar days after the effective date of the Procurement Agreement. The Bidder shall indicate on the Specification Compliance Certification, Division I - Exhibit IV, Additional Bid Forms, the proposed date for delivery of the Goods to be provided. 2.3 INITIAL EQUIPMENT SUBMITTAL. The Bidder shall submit as part of their Bid, complete documentation and illustrative descriptions of all major components and systems comprising the Goods offered to indicate conformance with the specifications. The Bidder shall also submit as part of the Bid a proposed policy for parts and service availability. Award will not be made to a Bidder that has not provided a complete initial equipment submittal. SUMMARY OF WORK I:\08091\WPfiles\SRE Specs\01010_McCaII Snow Rmoval.doc 01010-1 PART 3 - SPECIAL SERVICES 3.1 SHOP DRAWINGS. Within twenty-one calendar days of the effective date of the Procurement Agreement, the Contractor shall provide to the Engineer complete shop drawings of all system components and operating systems comprising the Goods to be provided. 3.2 FIELD TESTING, STARTUP AND OPERATIONS AND MAINTENANCE TRAINING. A qualified field service technician or manufacturer's representative shall be present within 24 hours of delivery of the Goods to Owner to provide commissioning and conduct field testing of the Goods at the airport to verify operation and performance in conformance with the specifications and intended use. A representative shall be present at the Owner's facility for not less than four hours to conduct testing, startup and training services. Field testing is to include demonstration of all features of operation and performance as described in the technical specifications. Training sessions shall occur both in the field and classroom environments and shall encompass proper operation and maintenance of the Goods provided. Training shall be focused on use of operations and maintenance manuals provided by the Contractor and other appropriate presentation material. The Contractor shall provide the Owner a detailed agenda of training sessions not less than 14 days in advance of delivery of Goods. 3.3 OPERATIONS AND MAINTENANCE MANUALS. The Cnn actor shall provide, at the time of delivery of Goods to the Owner, one complete set of the following documentation as part of the Operations and Maintenance Manuals requirements in accordance with the standard commercial practices applicable to the prime mover, snow blower, sweeper, and plow furnished under this contract. Each set shall include one copy each of: 1. Operator's Manual with lubrication chart. Operator's Manual shall be a printed document. 2. Maintenance and Service Manual. All applicable service manuals, to include service and repair manuals for all assemblies and subassemblies such as power plant, drive system, hydraulic system, etc. Maintenance and Service Manual shall be a printed document. 3. Parts Manual. All parts not originally fabricated by the manufacturer of the prime mover shall be cross-referenced by the original manufacturer's name and number as well as the supplier's number. 4. CD-ROM. Manuals shall be printed documents. Provide Manuals on CD- ROM, if available. 5. Electrical schematics. 6. Operator Video. Provide a video for operator training of all features of the unit. SUMMARY OF WORK I:\08091\WPfiles\SRE Specs\01010McCall Snow Rmoval.cloc 01010-2 Operations and Maintenance Manuals shall include, but not be limited to the following: • Major component specifications. • Parts list and identification. • Factory performance tests results. • Schematic diagrams of all operating systems. • Troubleshooting guidance. • Maintenance requirements, procedures and schedules. • Dimensioned drawings. PART 4 - MEASUREMENT 4.1 GOODS. Goods shall be measured by the lump sum for the items identified in the Bid Schedule as described in Specification Section 11900, Primary Snow Removal Equipment with Attachments. 4.2 SPECIAL SERVICES. Special Services shall not be measured for payment but shall be considered incidental to the Goods to which they are associated. PART 5 - PAYMENT Percentage progress payments for Goods and Special Services Special shall be made as described in Specification Section 1000, Special Provisions. SUMMARY OF WORK I:108091\WPfiles\SRE Specs101010McCall Snow Rmoval.doc 01010-3 SECTION 1060 REGULATORY REQUIREMENTS AND PERMITS PART 1 - GENERAL 1.1 DESCRIPTION A. Work included: Work included under this section establishes guidelines, standards, and requirements the Contractor shall adhere to and comply with in the prosecution of the work related to the following conditions, regulatory requirements, and applicable permits. PART 2 - PRODUCTS No products this section. PART 3 - EXECUTION FEDERAL REGULATORY REQUIREMENTS 1060.1 FAA GENERAL PROVISIONS - CONDITIONS OF CONTRACT SECTION 10 - DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the contract, in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows: 10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO. 10-02 ACCESS ROAD. The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10-03 ADVERTISEMENT. A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 AIP. The Airport Improvement Program, a grant-in-aid program, administered by the Federal Aviation Administration. 10-05 AIR OPERATIONS AREA. For the purpose of these specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10-06 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft; an appurtenant area used or intended to be used for airport REGULATORY REQUIREMENTS AND PERMITS 1060-1 I t08991\WPFILES\SRE SPECS101060 MCCALL SNOW REMOVAL DOC buildings or other airport facilities or rights of way; and airport buildings and facilities located in any of these areas, and includes a heliport. 10-07 ASTM. The American Society for Testing and Materials. 10-08 AWARD. The acceptance, by the Owner, of the successful bidder's proposal. 10-09 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated. 10-10 BUILDING AREA. An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights -of -way together with all airport buildings and facilities located thereon. 10-11 CALENDAR DAY. Every day shown on the calendar. 10-12 CHANGE ORDER. A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, shall be within the scope of the contract. 10-13 CONTRACT. The written agreement covering the work to be performed. The awarded contract shall include, but is not limited to: The Advertisement; The Contract Form; The Proposal; The Performance Bond; The Payment Bond; any required insurance certificates; The Specifications; The Plans, and any addenda issued to bidders. 10-14 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the contract. 10-15 CONTRACT TIME. The number of calendar days or working days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date. 10-16 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work. 10-17 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area. 10-18 ENGINEER. The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for engineering inspection of the contract work and acting directly or through an authorized representative. 10-19 EQUIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work. REGULATORY REQUIREMENTS AND PERMITS 1060-2 I \08099WPFILES\SRE SPECS \01060 IACCALL SNOW REMOVAL 00C 10-20 EXTRA WORK. An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Engineer to be necessary to complete the work within the intended scope of the contract as previously modified. 10-21 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his/her duly authorized representative. 10-22 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. 10-23 FORCE ACCOUNT. Force account construction work is construction that is accomplished through the use of material, equipment, labor, and supervision provided by the Owner or by another public agency pursuant to an agreement with the Owner. 10-24 INSPECTOR. An authorized representative of the Engineer assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. 10-25 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the Owner. Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference. 10-26 LABORATORY. The official testing laboratories of the Owner or such other laboratories as may be designated by the Engineer. 10-27 LIGHTING. A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface. 10-28 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20 percent of the total amount of the award contract. All other items shall be considered minor contract items. 10-29 MATERIALS. Any substance specified for use in the construction of the contract work. 10-30 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. 10-31 OWNER. The term "Owner" shall mean the party of the first part or the contracting agency signatory to the contract. For AIP contracts, the term "sponsor" shall have the same meaning as the REGULATORY REQUIREMENTS AND PERMITS 1 \08091\WPFILES\SRE SPECS\01060 MCCALL SNOW REMOVAL DOC 1060-3 term "Owner." Where the term "Owner" is capitalized in this document, it shall mean airport Owner or sponsor only. 10-32 PAVEMENT. The combined surface course, base course, and subbase course, if any, considered as a single unit. 10-33 PAYMENT BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that he will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-34 PERFORMANCE BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract. 10-35 PLANS. The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the contract, supplementary to the specifications. 10-36 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport. 10-37 PROPOSAL. The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications. 10-38 PROPOSAL GUARANTY. The security furnished with a proposal to guarantee that the bidder will enter into a contract if his/her proposal is accepted by the Owner. 10-39 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft. 10-40 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. 10-41 SPONSOR. See definition above of "Owner." 10-42 STRUCTURES. Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; flexible and rigid pavements; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 10-43 SUBGRADE. The soil which forms the pavement foundation. 10-44 SUPERINTENDENT. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction. 10-45 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and the Owner covering: (1) work that would increase or decrease the total amount of the awarded contract, REGULATORY REQUIREMENTS AND PERMITS I\ 08091\WPFILES\SRE SPECS \O1O6O MCCALL SNOW REMOVAL DOC 1060-4 or any major contract item, by more than 25 percent, such increased or decreased work being within the scope of the originally awarded contract; or (2) work that is not within the scope of the originally awarded contract. 10-46 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds which are furnished to the Owner by the Contractor. 10-47 TAXIWAY. For the purpose of this document, the term taxiway means the portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport's runways or aircraft parking areas. 10-48 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. 10-49 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 hours toward completion of the contract unless work is suspended for causes beyond the Contractor's control. Saturdays, Sundays and holidays on which the Contractor's forces engage in regular work, requiring the presence of an inspector, will be considered as working days. REGULATORY REQUIREMENTS AND PERMITS 1060-5 I \08091\WPFILES'SRE SPECS101060 MCCALL SNOW REMOVAL COC SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS 20-01 ADVERTISEMENT (Notice to Bidders). This information is included in the Contract Documents and Specifications, Part 1, "Bidding Information". 20-02 PREQUALIFICATION OF BIDDERS. NOT APPLICABLE. 20-03 CONTENTS OF PROPOSAL FORMS. The Owner shall furnish bidders with proposal forms. All papers bound with or attached to the proposal forms are necessary parts and must not be detached. The plans specifications, and other documents designated in the proposal form shall be considered a part of the proposal whether attached or not. 20-04 ISSUANCE OF PROPOSAL FORMS. The Owner reserves the right to refuse to issue a proposal form to a prospective bidder should such bidder be in default for any of the following reasons: a. Failure to comply with any prequalification regulations of the Owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. b. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the Owner) at the time the Owner issues the proposal to a prospective bidder. c. Contractor default under previous contracts with the Owner. d. Unsatisfactory work on previous contracts with the Owner. 20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. NOT APPLICABLE. 20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans specifications, and contract forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications. Boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the Owner's design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his/her examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner. 20-07 PREPARATION OF PROSPOSAL. The bidder shall submit his/her proposal on the forms furnished by the Owner. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price REGULATORY REQUIREMENTS AND PERMITS 1060-6 I \00091 \W PEILES\SRE SPECS101060_MCCALL SNOW REMOVAL DOC (written in ink or typed) both in words and numerals for which he proposes to do each pay item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state under the laws of which the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his/her authority to do so and that the signature is binding upon the firm or corporation. 20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following reasons: a. If the proposal is on a form other than that furnished by the Owner, or if the Owner's form is altered, or if any part of the proposal form is detached. b. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the proposal incomplete, indefinite, or otherwise ambiguous. c. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. d. If the proposal contains unit prices that are obviously unbalanced. e. If the proposal is not accompanied by the proposal guaranty specified by the Owner The Owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the Owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20-09 BID GUARANTEE. Each separate proposal shall be accompanied by a certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such check, or collateral, shall be made payable to the Owner. 20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport, and name and business address of the bidder on the outside. When sent by mail, preferably registered, the sealed proposal, marked as indicated above, should be enclosed in an additional envelope. No proposal will be considered unless received at the place specified in the advertisement before the time specified for opening all bids. Proposals received after the bid opening time shall be returned to the bidder unopened. 20-11 WITHDRAWAL OR REVISION OF PROPOSALS. A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the bidder's request for withdrawal is received by the Owner in writing or by telegram before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids. REGULATORY REQUIREMENTS AND PERMITS 1060-7 I \08091\WPFILES\SRE SPECS10106O MCCALL SNOW REMOVAL DOC 20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read, publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be returned to the bidder unopened. 20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for any of the following reasons: a. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name. b. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the Owner until any such participating bidder has been reinstated by the Owner as a qualified bidder. c. If the bidder is considered to be in "default" for any reason specified in the subsection titled ISSUANCE OF PROPOSAL FORMS of this section. REGULATORY REQUIREMENTS AND PERMITS 1060-8 I\ 0809DWPFILESISRE SPECS101060 MCCALL SNOW REMOVAL DOC SECTION 30 - AWARD AND EXECUTION OF CONTRACT 30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder's proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in words shall govern. Until the award of a contract is made, the Owner reserves the right to reject a bidder's proposal for any of the following reasons: a. If the proposal is irregular as specified in the subsection titled IRREGULAR PROPOSALS of Section 20. b. If the bidder is disqualified for any of the reasons specified in the subsection titled DISQUALIFICATION OF BIDDERS of Section 20. In addition, until the award of a contract is made, the Owner reserves the right to reject any or all proposals, waive technicalities, if such waiver is in the best interest of the Owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise. All such actions shall promote the Owner's best interests. 30-02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be made within 60 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. Award of the contract shall be made by the Owner to the lowest, qualified bidder whose proposal conforms to the cited requirements of the Owner. No award shall be made until the FAA has concurred with the Owner's recommendation to make such award. 30-03 CANCELLATION OF AWARD. The Owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the Owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the Owner has made a comparison of bids as hereinbefore specified in the subsection titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two lowest bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful bidder's proposal guaranty will be returned. The successful bidder's proposal guaranty will be returned as soon as the Owner receives the contracts bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section. 30-05 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the contract, the successful bidder shall furnish the Owner a surety bond or bonds which have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work. The surety and REGULATORY REQUIREMENTS AND PERMITS 1060-9 I \08001\WPFILES\SRE SPECS\01080 MCCALL SNOW REMOVAL DOC the form of the bond or bonds shall be acceptable to the Owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract. 30-06 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return such signed contract to the Owner, along with the fully executed surety bond or bonds specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section, within 15 calendar days from the date mailed or otherwise delivered to the successful bidder. If the contract is mailed, special handling is recommended. 30-07 APPROVAL OF CONTRACT. Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the Owner shall complete the execution of the contract in accordance with local laws or ordinances, and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the Owner's approval to be bound by the successful bidder's proposal and the terms of the contract. 30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15 calendar day period specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the Owner. REGULATORY REQUIREMENTS AND PERMITS 1060-10 I \08091\WPFILES\SRE SPECS01069 MCOALL SNOW REMOVAL DOC SECTION 40 - SCOPE OF WORK 40-01 INTENT OF CONTRACT. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 40-02 ALTERATION OF WORK AND QUANTITIES. The Owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than 25 percent (total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations which do not exceed the 25 percent limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. These alterations which are for work within the general scope of the contract shall be covered by "Change Orders" issued by the Engineer. Change orders for altered work shall include extensions of contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of added work. Should the aggregate amount of altered work exceed the 25 percent limitation hereinbefore specified, such excess altered work shall be covered by supplemental agreement. If the Owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the Owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. All supplemental agreements shall be approved by the FAA and shall include valid wage determinations of the U.S. Secretary of Labor when the amount of the supplemental agreement exceeds $2,000. However, if the Contractor elects to waive the limitations on work that increases or decreases the originally awarded contract or any major contract item by more than 25 percent, the supplemental agreement shall be subject to the same U.S. Secretary of Labor wage determination as was included in the originally awarded contract. All supplemental agreements shall 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 nonperformed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90. 40-04 EXTRA WORK. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements, the same shall be called Extra Work. Extra work that is within the general scope of the contract shall be covered by written change order. REGULATORY REQUIREMENTS AND PERMITS 1060-11 1 \08091\WPFILESSRE SPECS\01060 MCCALL SNOW REMOVAL OOC Change orders for such Extra Work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Engineer's opinion, is necessary for completion of such Extra Work. When determined by the Engineer to be in the Owner's best interest, he may order the Contractor to proceed with extra work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. Extra Work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment of Extra Work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the Owner. 40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's equipment and personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the airport with respect to his/her own operations and the operations of all his/her subcontractors as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection titled CONTRACTORS RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. With respect to his/her own operations and the operations of all his/her subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying: personnel; equipment; vehicles; storage areas; and any work area or condition that may be hazardous to the operation of aircraft, fire -rescue equipment, or maintenance vehicles at the airport. When the contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor's performance of work that is otherwise provided for in the contract, plans, and specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic. The Contractor shall furnish erect, and maintain barricades, warning signs, furnish flagperson, and other traffic control devices in reasonable conformity with the manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office), unless otherwise specified herein. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise specified herein, the Contractor will not be required to furnish snow removal for such existing road, street, or highway. The Contractor shall make his/her own estimate of all labor, materials, equipment, and incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified in this subsection. The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be measured or paid for directly, but shall be included in the various contract items. REGULATORY REQUIREMENTS AND PERMITS I \08091\WPPILESSRE SPECS\01060 MCCALL SNOW REMOVAL DOC 1060-12 40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items. Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the contract. Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be utilized in the work as otherwise provided for in the contract and shall remain the property of the Owner when so utilized in the work. 40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be either embankment or waste, he may at his/her option either: a. Use such material in another contract item, providing such use is approved by the Engineer and is in conformance with the contract specifications applicable to such use; or, b. Remove such material from the site, upon written approval of the Engineer; or c. Use such material for his/her own temporary construction on site; or, d. Use such material as intended by the terms of the contract. Should the Contractor wish to exercise option a., b., or c., he shall request the Engineer's approval in advance of such use. Should the Engineer approve the Contractor's request to exercise option a., b., or c., the Contractor shall be paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at his/her own expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for his/her use of such material so used in the work or removed from the site. Should the Engineer approve the Contractor's exercise of option a., the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of his/her exercise of option a., b., or c. REGULATORY REQUIREMENTS AND PERMITS 1060-13 I \060911WPFILESISRE SPECS101060MCCALL SNOW REMOVAL DOC The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications. 40-09 FINAL CLEANING UP. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. He shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property owner. REGULATORY REQUIREMENTS AND PERMITS 1060-14 1 \08091\WPFILES\ARE SPECS\01060 MCCALL SNOW REMOVAL DOC SECTION 50 - CONTROL OF WORK 50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. He shall decide all questions which may arise as to the interpretation of the specifications or plans relating to the work. The 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 with FAA requirements. 50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans or specifications. If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his/her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, he will advise the Owner of his/her determination that the affected work be accepted and remain in place. In this event, the Engineer will document his/her determination and recommend to the Owner a basis of acceptance which will provide for an adjustment in the contract price for the affected portion of the work. The Engineer's determination and recommended contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in his/her opinion, needed. Changes in the contract price shall be covered by contract modifications (change order or supplemental agreement) as applicable. If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Engineer's right to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor's prosecution of the work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Engineer with the authority to use good engineering judgment in his/her determinations as to acceptance of work that is not in strict conformity but will provide a finished product equal to or better than that intended by the requirements of the contract, plans and specifications. The Engineer will not be responsible for the Contractor's means, methods, techniques, sequences, or procedures of construction or the safety precautions incident thereto. 50-03 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. A REGULATORY REQUIREMENTS AND PERMITS 1060-15 008091\WPFILES\SRE SPECS,01080 MCCALL SNOW REMOVAL DOC 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, see Section 1000.1 Coordination of Plans, Specifications and Special Provisions. The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his/her interpretation and decision, and such decision shall be final. 50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with five copies each of the plans and specifications. He shall have available on the work at all times one copy each of the plans and specifications. Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction. The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Engineer and his/her inspectors and with other contractors in every way possible. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his/her agent on the work. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the Engineer or his/her authorized representative. 50-05 COOPERATION BETWEEN CONTRACTORS. The Owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract. When separate contracts are let within the limits of any one project, each Contractor shall conduct his/her work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his/her contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange his/her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. He shall join his/her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish horizontal and vertical control only. The Contractor must establish all layout required for the construction of the work. Such stakes and markings as the Engineer may set for either his/her own or the Contractor's guidance shall be preserved by the Contractor. In case of negligence on the part of the Contractor, or his/her employees, resulting in the destruction of such stakes or 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 shall be required to furnish all lines, grades and measurements for the proper prosecution and control of the work contracted for under these specifications. See Specification Section 1051, Contractor Furnished Construction Surveying and Staking. REGULATORY REQUIREMENTS AND PERMITS 1060-16 I\00091\WPFILES4SRE SPECS \01060 MCCALL SNOW REMOVAL 00C 50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. NOT APPLICABLE. 50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the Owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the contract. Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor. Inspectors employed by the Owner are authorized to notify the Contractor or his/her representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for his/her decision. 50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the 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 which does not form to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. No removal work made under provision of this subsection shall be done without lines and grades having been given by the Engineer. Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or as given, except as herein specified, or any REGULATORY REQUIREMENTS AND PERMITS 1060-17 1108091\WPfILES1SRE SPECS101060 MCCALL SNOW REMOVAL DOC extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the Owner) from any monies due or to become due the Contractor. 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage which may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor shall be responsible for all damage done by his/her hauling equipment and shall correct such damage at his/her own expense. 50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. 50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification, the Owner may suspend any work necessary for the Owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the Owner, shall be deducted from monies due or to become due the Contractor. 50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the Owner, he may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, he may accept it as being completed, and the Contractor may be relieved of further responsibility for that REGULATORY REQUIREMENTS AND PERMITS 1060-18 1108091\WPFILES\SRE SPECS101060 MCCALL SNOW REMOVAL DOC unit. Such partial acceptance and beneficial occupancy by the Owner shall not void or alter any provision of the contract. 50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire project, the Engineer and Owner will make an inspection. If all construction provided for and contemplated by the contract is found to be completed in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due him for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, he shall notify the Engineer in writing of his/her intention to claim such additional compensation before he begins the work on which he bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within 10 calendar days, submit his/her written claim to the Engineer who will present it to the Owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. 50-17 COST REDUCTION INCENTIVE. NOT APPLICABLE. REGULATORY REQUIREMENTS AND PERMITS 1060-19 1108091\WPFILES\SRE SPECS\OIO8O MCCALL SNOW REMOVAL 0OC SECTION 60 - CONTROL OF MATERIALS 60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials. At the Engineer's option, materials may be approved at the source of supply before delivery is stated. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited materials specifications. In addition, where an FAA specification for airport lighting equipment is cited in the plans or specifications, the Contractor shall furnish such equipment that is: a. Listed in FAA Advisory Circular (AC) 150/5345-53B, Airport Lighting Equipment Certification Program, that is in effect on the date of advertisement; and, b. Produced by the manufacturer qualified (by FAA) to produce such specified and listed equipment. 60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. Unless otherwise designated, all materials used in the work shall be inspected, tested, and approved by the responsible party before incorporation in the work. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of ASTM, AASHTO, Federal Specifications, Commercial Item Descriptions, and all other cited methods, which are current on the date of advertisement for bids will be made by and at the expense of the Owner. The firm performing on site field tests shall have copies of all referenced standards on the construction site for use by all technicians and other personnel, including the Contractor's representative at his/her request. Unless otherwise designated, samples will be taken by a qualified representative of the owner. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at his/her request. The Contractor shall employ a qualified firm to perform all Contractor required tests. The Contractor shall submit resumes on all firms 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 typed reports, on an approved format, on a weekly basis. After the 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. REGULATORY REQUIREMENTS AND PERMITS 1060-20 I,A08091 WPFILESISRE SPECS WID60 MCCALL SNOW REMOVAL DOG 60-03 CERTIFICATION OF COMPLIANCE. The Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. When a material or assembly is specified by "brand name or equal" and the Contractor elects to furnish the specified "brand name," the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: and, a. Conformance to the specified performance, testing, quality or dimensional requirements; b. Suitability of the material or assembly for the use intended in the contract work. Should the Contractor propose to furnish an "or equal" material or assembly, he shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole judge as to whether the proposed "or equal" is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for his/her acceptance of the material or assembly. Should the Engineer conduct plant inspections, the following conditions shall exist: a. The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials. b. The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. c. If required by the Engineer, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to the plant. It is understood and agreed that the Owner shall have the right to retest any material which has been tested and approved at the source of supply after it has been delivered to the site. The REGULATORY REQUIREMENTS AND PERMITS 1060-21 1 \98091\WPFILESISRE SPECS101069_MCCALL SNOW REMOVAL DOC 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. NOT APPLICABLE. 60-06 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the Owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property Owner's permission. All storage sites on private or airport property shall be restored to their original condition by the Contractor at his/her entire expense, except as otherwise agreed to (in writing) by the Owner or lessee of the property. 60-07 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the Engineer has approved its used in the work. 60-08 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required to complete the work, except those specified herein (if any) to be furnished by the Owner Owner - furnished materials shall be made available to the Contractor at the location specified herein. All costs of handling, transportation from the specified location to the site of work, storage, and installing Owner -furnished materials shall be included in the unit price bid for the contract item in which such Owner -furnished material is used. After any Owner -furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies which 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. REGULATORY REQUIREMENTS AND PERMITS 1060-22 110B09flWPPILES'SRE SPECS101060 MCCALL SNOW REMOVAL DOC SECTION 70 - LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-01 The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at ail times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner and all his/her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his/her employees. 70-02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. 70-03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work. 70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The Owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the Owner, such authorized work (by others) is indicated as follows: See the project plans for identification of utility contacts. Other utility contractors may be working at the site or may require access through the site during the project. Specific plans or schedules are unavailable. The Contractor shall be responsible to coordinate with the Airport Safety Officer to allow other contractors access to the site as necessary. Except as listed above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the Engineer. Should the Owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such Owners by arranging and performing the work in this contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. REGULATORY REQUIREMENTS AND PERMITS 1060-23 11000911WPFILESISRE SPECS101060 MCCALL SNOW REMOVAL 00C 70-05 FEDERAL AID PARTICIPATION. For AIP contracts, the United States Government has agreed to reimburse the Owner for some portion of the contract costs. Such reimbursement is made from time to time upon the Owner's request to the FAA. In consideration of the United Sates Government's (FAA's) agreement with the Owner, the Owner has included provisions in this contract pursuant to the requirements of Title 49 of the United States Code (USC) and the Rules and Regulations of the FAA that pertain to the work. As required by the USC, the contract work is subject to the inspection and approval of duly authorized representatives of the Administrator, FAA, and is further subject to those provisions of the rules and regulations that are cited in the contract, plans, or specifications. 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/her employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions are unsanitary, hazardous, or dangerous to his/her health or safety. 70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her operations and those of his/her subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to his/her own operations and those of his/her subcontractors and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter. 70-08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably illuminated. Unless otherwise specified, barricades, warnings and markings for hazards that are in the air operations area shall be a maximum of 18 inches high. Unless otherwise specified, barricades shall be spaced not more than 25 feet apart. Barricades, warning signs and markings shall be paid for under Section 40-05. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office). When the work requires closing an air operations area of the airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 150/5340-1J, Standards for Airport Markings. REGULATORY REQUIREMENTS AND PERMITS 1060-24 1108091 WPFILES\SRE SPECS101060 MCCALL SNOW REMOVAL DOC The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stock piles, and his/her parked construction equipment that may be hazardous to the operation of emergency fire -rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2E, Operational Safety on Airports During Construction Activity. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2E. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work which requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer. Open -flame type lights shall not be permitted within the air operations areas of the airport. 70-09 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and, in general, not closer than 1,000 feet (300 m) from the work or from any building, road, or other place of human occupancy. The Contractor shall notify each property Owner and public utility company having structures or facilities in proximity to the site of the work of his/her intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. The use of electrical blasting caps shall not be permitted on or within 1,000 feet (300 m) of the airport property. 70-10 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer has witnessed or otherwise referenced their location and shall not move them until directed. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the work, resulting from any act, omission, neglect, or misconduct in his/her manner or method of executing the work, or at any time due to defective work or materials, and said responsibility will not be released until the project shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the nonexecution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. REGULATORY REQUIREMENTS AND PERMITS 1060-25 11060911WPFILESISRE SPECSl01060 MCCALL SNOW REMOVAL OOC 70-11 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the Owner and their officers, and employees from all suits actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the "Workmen's Compensation Act," or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his/her contract as may be considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due, his/her surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the Owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. 70-12 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-13 OPENING SECTIONS OF THE WORK TO TRAFFIC. NOT APPLICABLE 70-14 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of government authorities. If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his/her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seedings, and sodding furnished under his/her contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the Owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the Owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control his/her operations to prevent the unscheduled interruption of such utility services and facilities. REGULATORY REQUIREMENTS AND PERMITS 1,08091\WPFILESISRE SPECS101000 MCCALL SNOW REMOVAL DOC 1060-26 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 See the project plans for identification of utility contacts. The Contractor is Forewarned That This Information Mav Not be Accurate or Comolete It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of his/her responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the Owners of all utility services or other facilities of his/her plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition to the general written notification hereinbefore provided, it shall be the responsibility of the Contractor to keep such individual Owners advised of changes in his/her plan of operations that would affect such Owners. Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such Owner of his/her plan of operation. If, in the Contractor's opinion, the Owner's assistance is needed to locate the utility service or facility or the presence of a representative of the Owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility Owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the Owner to suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet (90 cm) of such outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility Owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his/her operations whether or not due to negligence or accident. The Owner reserves REGULATORY REQUIREMENTS AND PERMITS 1060-27 I \08091\WPFILES\SRE SPECS\01060 MCCALL SNOW REMOVAL DOC the right to deduct such costs from any monies due or which may become due the Contractor, or his/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 prosecution 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 notify the above named FAA Airway Facilities Point -of -Contact 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 prosecution of the project work requires a facility outage, the Contractor shall contact the above named FAA Point -of -Contact a minimum of 48 hours prior to the time of the required outage. d. If prosecution of the project work results in damages to existing FAA equipment or cables, the Contractor shall repair the damaged item in conformance with FAA Airway Facilities' standards to the satisfaction of the above named FAA Point -of -Contact. e. If the project work requires the cutting or splicing of FAA owned cables, the above named FAA Point -of -Contact shall be contacted a minimum of 48 hours prior to the time the cable work commences. The FAA reserves the right to have a FAA Airway Facilities 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 Airway Facilities' specifications and require approval by the above named FAA Point -of -Contact as a condition of acceptance by the Owner. The Contractor is hereby advised that FAA Airway Facilities restricts the location of where splices may be installed. If a cable splice is required in a location that is not permitted by FAA Airway Facilities, 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 to him by this contract, there shall be no liability upon the Engineer, his/her authorized representatives, or any officials of the Owner either personally or as an official of the Owner. It is understood that in such matters they act solely as agents and representatives of the Owner. 70-18 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or stop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the Owner be precluded or stopped from recovering from the Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the contract. A waiver on the part of the Owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. REGULATORY REQUIREMENTS AND PERMITS 1060-28 110809flWPFILESSRE SPECS01060_MCCALL SNOW REMOVAL 000 The Contractor, without prejudice to the terms of the contract, shall be liable to the Owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Owner's rights under any warranty or guaranty. 70-19 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. 70-20 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his/her operations, any building, part of a building, structure, or object which is incongruous with its surroundings, he shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and will direct the Contractor to either resume his/her operations or to suspend operations as directed. Should the Owner order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract modification (change order or supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If appropriate, the contract modification shall include an extension of contract time in accordance with the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. REGULATORY REQUIREMENTS AND PERMITS 1060-29 1 08099WPFILES\SRC SPECS \01060 MOCALL SNOW REMOVAL DOC SECTION 80 - PROSECUTION AND PROGRESS 80-01 SUBLETTING OF CONTRACT. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. Should the Contractor elect to assign his/her contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the Owner, and shall be consummated only on the written approval of the Owner. In case of approval, the Contractor shall file copies of all subcontracts with the Engineer. The Contractor shall perform, with his organization, an amount of work equal to at least 25 percent of the total contract cost. 80-02 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the Engineer in the written notice to proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction operations will begin. 80-03 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit his/her progress schedule for the Engineer's approval within 10 days after the effective date of the notice to proceed. The Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the contract time and modify his/her operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. For AIP contracts, the Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the Owner. 80-04 LIMITATION OF OPERATIONS. The Contractor shall control his/her operations and the operations of his/her subcontractors and all suppliers so as to provide for the free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport. When the work requires the Contractor to conduct his/her operations within an AIR OPERATIONS AREA of the airport, the work shall be coordinated with airport management (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an AIR OPERATIONS AREA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70. When the contract work requires the Contractor to work within an AIR OPERATIONS AREA of the airport on an intermittent basis (intermittent opening and closing of the AIR OPERATIONS AREA), the Contractor shall maintain constant communications as hereinafter specified; immediately obey REGULATORY REQUIREMENTS AND PERMITS 1060-30 1 \0809➢WPFILES4SRE SPECS1O1000 MCOALL SNOW REMOVAL 00C all instructions to vacate the AIR OPERATIONS AREA; immediately obey all instructions to resume work in such AIR OPERATIONS AREA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AIR OPERATIONS AREA until the satisfactory conditions are provided. The following AIR OPERATIONS AREA (AOA) cannot be closed to operating aircraft to permit the Contractor's operations on a continuous basis and will therefore be closed to aircraft operations intermittently as follows: See the Operation and Safety Plan Sheet of the Project Drawings and Section 1110, Airport Project Safety Provisions and Section 1046, Sequencing and Phasing. Contractor shall be required to conform to safety standards contained in AC 150/5370-2E, Operational Safety on Airports During Construction (See Special Provisions). 80-04.1 OPERATIONAL SAFETY ON AIRPORT DURING CONSTRUCTION. All Contractors' operations shall be conducted in accordance with the project safety plan and the provisions set forth within the current version of Advisory Circular 150/5370-2E. The safety plan included within the contract documents conveys minimum requirements for operational safety on the airport during construction activities. The Contractor shall prepare and submit a plan that details how it proposes to comply with the requirements presented within the safety plan. The Contractor shall implement all necessary safety plan measures prior to commencement of any work activity. The Contractor shall conduct routine checks of the safety plan measures to assure compliance with the safety plan measures. The Contractor is responsible to the Owner for the conduct of all subcontractors it employs on the project. The Contractor shall assure that all subcontractors are made aware of the requirements of the safety plan and that they implement and maintain all necessary measures. No deviation or modifications may be made to the approved safety plan unless approved in writing by the Owner or Engineer. 80-05 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. Any person employed by the Contractor or by any subcontractor who, violates any operational regulations and in the opinion of the Engineer, does not perform his work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Engineer, be removed forthwith by the Contractor or subcontractor employing such person, and shall not be employed again in any portion of the work without approval of the Engineer. Should the Contractor fail to remove such persons or person, or fail to furnish suitable and sufficient personnel for the proper prosecution of the work, the Engineer may suspend the work by written notice until compliance with such orders. REGULATORY REQUIREMENTS AND PERMITS \08091\WPFILES\SRE SPECS101060 MCCALL SNOW REMOVAL DOC 1060-31 All equipment which is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to met requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use. When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans, and specifications. When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the contract, he may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection. 80-06 TEMPORARY SUSPENSION OF THE WORK. The Owner shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to 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 Owner's order to suspend work to the effective date of the Owner's order to resume the work. Claims for such compensation shall be filed with the Engineer within the time period stated in the Owner's order to resume work. The Contractor shall submit with his/her claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim to the Owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Contractor, 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. He shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport. 80-07 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working days allowed for completion of the work shall be stated in the proposal and contract and shall be known as the CONTRACT TIME. REGULATORY REQUIREMENTS AND PERMITS 1060-32 I \08091\WPFILES\SRE SPECS10ID80 MCCALL SNOW REMOVAL DOC Should the contract time require extension for reasons beyond the Contractor's control, it shall be adjusted as follows: a. CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer. The Engineer will furnish the Contractor a copy of his/her weekly statement of the number of working days charged against the contract time during the week and the number of working days currently specified for completion of the contract (the original contract time plus the number of working days, if any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). The Engineer shall base his/her weekly statement of contract time charged on the following considerations: (1) No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least 6 hours with the normal work force employed on such principal item. Should the normal work force be on a double -shift, 12 hours shall be used. Should the normal work force be on a triple -shift, 18 hours shall apply. Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered by the Owner for reasons not the fault of the Contractor, shall not be charged against the contract time. (2) The Engineer will not make charges against the contract time prior to the effective date of the notice to proceed. (3) The Engineer will begin charges against the contract time on the first working day after the effective date of the notice to proceed. (4) The Engineer will not make charges against the contract time after the date of final acceptance as defined in the subsection titled FINAL ACCEPTANCE of Section 50. (5) The Contractor will be allowed 1 week in which to file a written protest setting forth his/her objections to the Engineer's weekly statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor. The contract time (stated in the proposal) is based on the originally estimated quantities as described in the subsection titled INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the satisfactory completion of the contract require performance of work in greater quantities than those estimated in the proposal, the Contractor may submit a proposal for a Change Order to extend the contract time. Such increase in contract time shall not consider either the cost of work or the extension of contract time that has been covered by change order or supplemental agreement and shall be made at the time of final payment. b. CONTRACT TIME based on CALENDAR DAYS shall consist of the number of calendar days stated in the contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and nonwork days. All calendar days elapsing between the effective dates of the Owner's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. REGULATORY REQUIREMENTS AND PERMITS 1060-33 I \06091\WPFILESSRE SPECS\91060_MCCALL SNOW REMOVAL DOC At the time of final payment, Contractor may submit a proposal for a Change Order to increase the contract time if the actually completed quantities are greater than the originally estimated quantities in the proposal. Such increase in the contract time shall not consider either cost of work or the extension of contract time that has been covered by a change order or supplemental agreement. Charges against the contract time will cease as of the date of final acceptance. c. CONTRACT TIME based on CALENDAR DATE, it shall be the date on which all contract work shall be substantially completed. If the Contractor finds it impossible for reasons beyond his/her control to complete the work within the contract time as specified, or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the contract time as extended, make a written request to the Engineer for an extension of time setting forth the reasons which he believes will justify the granting of his/her request. Requests for extension of time on calendar day projects, caused by inclement weather, shall be supported with National Weather Bureau data showing the actual amount of inclement weather exceeded which could normally be expected during the contract period. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may extend the time for completion in such amount as the conditions justify. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion. 80-08 FAILURE TO COMPLETE ON TIME. For each calendar day or working day, as specified in the contract, that any work remains uncompleted after the contract time (including all extensions and adjustments as provided in the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum specified in the contract and proposal as liquidated damages will be deducted from any money due or to become due the Contractor or his/her surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages, including but not limited to additional engineering services, that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in his/her contract. See Section 1010, Summary of Work and Procurement Agreement for a discussion of time limits and liquidated damages. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the Owner of any of its rights under the contract. 80-09 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the Owner to terminate the contract for any of the following reasons if the Contractor: a. Fails to begin the work under the contract within the time specified in the "Notice to Proceed," or b. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the contract, or c. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or REGULATORY REQUIREMENTS AND PERMITS 1060-34 \08091\WPFILES\SRE SPERM 060 MCCALL SNOW REMOVAL DOC d. Discontinues the prosecution of the work, or e. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or f. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or g. Allows any final judgment to stand against him unsatisfied for a period of 10 days, or 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 Owner consider the Contractor in default of the contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the Contractor's surety as to the reasons for considering the Contractor in default and the Owner's intentions to terminate the contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the Owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess. 80-10 TERMINATION FOR NATIONAL EMERGENCIES. The Owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as REGULATORY REQUIREMENTS AND PERMITS 1060-35 I\0809I\WPFILES\SRE SPECS \0ID60 MCCALL SNOW REMOVAL OOC may be designated by the Engineer. Termination of the contract or a portion thereof shall neither relieve the Contractor of his/her responsibilities for the completed work nor shall it relieve his/her surety of its obligation for and concerning any just claim arising out of the work performed. 80-11 WORK AREA, STORAGE AREA AND SEQUENCE OF OPERATIONS. The Contractor shall obtain approval from the Engineer prior to beginning any work in all areas of the airport. No operating runway, taxiway of Air Operations Area (AOA) shall be crossed, entered, or obstructed while it is operational. The Contractor shall plan and coordinate his/her work in such a manner as to insure safety and a minimum of hindrance to flight operations. All Contractor equipment and material stockpiles shall be stored a minimum of 250 feet from the centerline of an active runway. No equipment will be allowed to park within the approach area of an active runway at any time. No equipment shall be within 250 feet of an active runway at any time. REGULATORY REQUIREMENTS AND PERMITS 1 W6091\WPFILESSRE SPECS01060_MCCALL SNOW REMOVAL DOC 1060-36 SECTION 90 - MEASUREMENT AND PAYMENT 90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the engineer, or his/her authorized representatives, using United States Customary Units of Measurement or the International System of Units. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave -outs) having an area of 9 square feet (0.8 square meter) or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. In computing volumes of excavation the average end area method or other acceptable methods will be used. The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inches. The term "ton" will mean the short ton consisting of 2,000 pounds (907 kilograms) avoirdupois. All materials which are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designed by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material be paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable to the Engineer, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery. When requested by the Contractor and approved by the Engineer in writing, material specified to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be converted to cubic yards (cubic meters) for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. REGULATORY REQUIREMENTS AND PERMITS 1060-37 I \08091\WPFILES\SRE SPECS \01080_MCCALL SNOW REMOVAL 00C Bituminous materials will be measured by the gallon (liter) or ton (kilogram). When measured by volume, such volumes will be measured at 60° F (15° C) or will be corrected to the volume at 60° F (15° C) using ASTM D 1250 for asphalts or ASTM D 633 for tars. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton (kilogram) or hundredweight (kilogram). Timber will be measured by the thousand feet board measure (M.F.B.M.) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Engineer in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of this section. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. Scales shall be accurate within one-half percent of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the inspector before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one -tenth of 1 percent of the nominal rated capacity of the scale, but not less than 1 pound (454 grams). The use of spring balances will not be permitted. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them. Scale installations shall have available ten standard 50-pound (2.3 kilogram) weights for testing the weighing equipment or suitable weights and devices for other approved equipment. REGULATORY REQUIREMENTS AND PERMITS 1060-38 I \OBOODWPFILES\SRE SPECS\01060 MCCALL SNOW REMOVAL DOC 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 weighing -accuracy test will be reduced by the percentage of error in excess of one-half of 1 percent. In the event inspection reveals the scales have been "under weighing" (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 complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70. When the "basis of payment" subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications. 90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the Owner. Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or nonperform such contract item. REGULATORY REQUIREMENTS AND PERMITS 1060-39 119809I WPFILES SRE SPECS10106O MCCALL SNOW REMOVAL DOC Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. in addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. 90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. When the change order or supplemental agreement authorizing the extra work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials plus a negotiated and agreed upon allowance for overhead and profit. a. Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. b. Comparison of Record. The Contractor and the Engineer shall compare records of the cost of force account work at the end of each day. Agreement shall be indicated by signature of the Contractor and the Engineer or their duly authorized representatives. c. Statement. No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer with duplicate itemized statements of the cost of such force account work detailed as follows: (1) Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman. (2) Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment. (3) Quantities of materials, prices, and extensions. (4) Transportation of materials. (5) Cost of property damage, liability and workman's compensation insurance premiums, unemployment insurance contributions, and social security tax. Statements shall be accompanied and supported by a receipted invoice for all materials used and transportation charges. However, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from his/her stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor. REGULATORY REQUIREMENTS AND PERMITS 1060-40 11000911WPFILESISRE SPECS 10106O MCCALL SNOW REMOVAL 00C 90-06 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the work progresses. Said payments will be based upon estimates prepared by the Contractor, and approved by the Engineer, of the value of the work performed and materials complete in place in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than five hundred dollars. From the total of the amount determined to be payable on a partial payment, 10 percent of such total amount will be deducted and retained by the Owner until the final payment is made, except as may be provided (at the Contractor's option) in the subsection titled PAYMENT OF WITHHELD FUNDS of this section. The balance (90 percent) of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his/her option, as provided in the subsection titled PAYMENT OF WITHHELD FUNDS of this section, no such 10 percent retainage shall be deducted. When not less than 95 percent of the work has been completed the Engineer may, at the Owner's discretion and with the consent of the surety, prepare an estimate from which will be retained an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section. The Contractor shall deliver to the Owner a complete release of all claims for labor and material arising out of this contract before the final retained percentage or final payment is made. If any subcontractor or supplier fails to furnish such a release in full, the Contractor may furnish a bond or other collateral satisfactory to the Owner to indemnify the Owner against any potential lien or other such claim. The bond or collateral shall include all costs, expenses, and attorney fees the Owner may be compelled to pay in discharging any such lien or claim. 90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, 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. REGULATORY REQUIREMENTS AND PERMITS I \0809HWPFILESSRE SPECS\01060 MCCALL SNOW REMOVAL DOG 1060-41 b. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. c. The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. d. The Contractor has furnished the Owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. e. The Contractor has furnished the Owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at anytime prior to use in the work. It is understood and agreed that the transfer of title and the Owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his/her responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans, and specifications. In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection. 90-08 PAYMENT OF WITHHELD FUNDS. **Paragraph 90-08 has been deleted for this Project.** 90-09 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Contractor will prepare the final estimate of the items of work actually performed. The Engineer shall approve the Contractor's final estimate or advise the Contractor of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Engineer's receipt of the Contractor's final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the Engineer's objections to the final estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Engineer has approved the Contractor's final estimate, or approved under Contractor's protest the Engineer's objections to the Contractor's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or REGULATORY REQUIREMENTS AND PERMITS 1060-42 I \08091\WPFILES\SRE SPECS101060 MOOALL SNOW REMOVAL 00C 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. REGULATORY REQUIREMENTS AND PERMITS 1060-43 I \98991\WPFILES\SRE SPECS \01060 MCCALL SNOW REMOVAL OOC SECTION 100 - CONTRACTOR QUALITY CONTROL PROGRAM THIS SECTION DELETED — NOT APPLICABLE SECTION 110 - METHOD OF ESTIMATING PERCENTAGE OF MATERIAL WITHIN SPECIFICATION LIMITS (PWL) THIS SECTION DELETED — NOT APPLICABLE PART 3.1 MEASUREMENT AND PAYMENT There will be no separate measurement or payment for work required by Section 1060.1. The requirements of this section are conditions of the contract and are considered incidental to the performance of the work or are described for payment in other specification sections. REGULATORY REQUIREMENTS AND PERMITS 1060-44 11013091\WPFILES\SRE SPECS \01060 MCCALL SNOW REMOVAL,000 1060.2 CONTRACT CONDITIONS - CIVIL RIGHTS AND LABOR A. BUY AMERICAN PREFERENCES — TITLE 49 U.S.C. CHAPTER 501 (a) The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs b. (1) or (2) shall be treated as domestic. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs. (b) The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen and suppliers in the performance of this contract, except those: 1. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; 2. that the US Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or 3. that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. REGULATORY REQUIREMENTS AND PERMITS 1060-45 I \08091\WPFILESISRE SPECSSO1060MCCALL SN0W REMOVAL 00C B. CIVIL RIGHTS ACT OF 1964, TITLE VI - CONTRACTOR CONTRACTUAL REQUIREMENTS - 49 CFR PART 21 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1.1 Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 1.2 Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 1.3 Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 1.4 Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 1.5 Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part, 1.6 Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of REGULATORY REQUIREMENTS AND PERMITS 1060-46 I \05098WPFILESISRE SPECS101000 MCCALL SNOW REMOVAL DOC the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. REGULATORY REQUIREMENTS AND PERMITS 1060-47 110899DWPFILESISRE SPECSt0106O MCCALL SNOW REMOVAL DOC C. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 GENERAL CIVIL RIGHTS PROVISIONS — TITLE 49 U.S.C. 47123 The contractor assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. REGULATORY REQUIREMENTS AND PERMITS 1060-48 I\08091\WPFILES\SRE SPECS \01080 MCCALL SNOW REMOVAL DOC D. DISADVANTAGED BUSINESS ENTERPRISES 49 CFR PART 26 Contract Assurance (§26.13) - The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from Owner. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Owner. This clause applies to both DBE and non -DBE subcontractors. REGULATORY REQUIREMENTS AND PERMITS 1060-49 108091\WPFILES\SRE SPECS \01060 MOCALL SNOW REMOVAL 00C E. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES - 49 CFR PART 20 (1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. REGULATORY REQUIREMENTS AND PERMITS 1060-50 I \06091\WPFILESlSRE SPECS \0106o MCCALL SNOW REMOVAL DOC F. ACCESS TO RECORDS AND REPORTS - 49 CFR PART 18.36 The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. REGULATORY REQUIREMENTS AND PERMITS 1060-51 1108099WPFILESISRE SPECS\OIO60 MCCALL SNOW REMOVAL DOC G. ENERGY CONSERVATION REQUIREMENTS - 49 CFR PART 18.36 The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163) REGULATORY REQUIREMENTS AND PERMITS 1060-52 1108091\WPPILES\SRE SPECS\01060 MCCALL SNOW REMOVAL OOC H. BREACH OF CONTRACT TERMS - 49 CFR PART 18.36 Any violation or breach of terms of this contract on the part of the contractor or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. REGULATORY REQUIREMENTS AND PERMITS 1060-53 11080911WPFILESISRE SPECS101060 MCCALL SNOW REMOVAL DOC I. RIGHTS TO INVENTIONS - 49 CFR PART 18.36 All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the Sponsor of the Federal grant under which this contract is executed. REGULATORY REQUIREMENTS AND PERMITS 1060-54 1 \08091\WPFILES SRE SPECS101060 MCCALL SNOW REMOVAL 00C J. TRADE RESTRICTION CLAUSE 49 CFR PART 30 The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; b. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions on this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. REGULATORY REQUIREMENTS AND PERMITS 1060-55 11,00099WPFILES\SRE SPECS101000 MCCALL SNOW REMOVAL DOC K. TERMINATION OF CONTRACT - 49 CFR PART 18.36 a. The Sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. b. If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the contractor's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the Sponsor for any additional cost occasioned to the Sponsor thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause. e. The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract. REGULATORY REQUIREMENTS AND PERMITS 1060-56 I\ 08099WPFILESISRE SPECSOWSO MCCALL SNOW REMOVAL DOC L. CERTIFICATION REGARDING DEBAREMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - 49 CFR PART 29 The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. REGULATORY REQUIREMENTS AND PERMITS 1060-57 I \00091\WPFILES\SRE SPECS \01000 MCCALL SNOW REMOVAL DOC M. CLEAN AIR AND WATER POLLUTION CONTROL AND VOLUNTARY EXCLUSION - 49 CFR PART 29 Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the aforementioned criteria and requirements. REGULATORY REQUIREMENTS AND PERMITS 1060-58 1100091\WPFILES\SRE SPECS\01060 MCCALL SNOW REMOVAL OOC PART 3.2 - MEASUREMENT AND PAYMENT There will be no separate measurement or payment for work required by Section 1060.2 as the requirements of this section are contract conditions and are incidental to the performance of the work. REGULATORY REQUIREMENTS AND PERMITS 1060-59 I W8091\WPFILESISRE SPEOS\01060 MCCALL SNOW REMOVAL DOC SECTION 1091 REFERENCE STANDARDS PART 1 - GENERAL 1.1 DESCRIPTION. A. Work Included: Reference is made in these contract documents to codes and standards which establish qualities and types of workmanship and materials, and which establish methods for testing and reporting on the pertinent characteristics. Where materials or workmanship are required by these Contract Documents to meet or exceed the specifically named code or standards, it is the Contractor's responsibility to provide materials and workmanship which meet or exceed the specifically named code or standard. It is also the Contractor's responsibility, when so required by the Contract Documents or by written request from the Engineer, to deliver to the Engineer all required proof that the materials or workmanship, or both, meet or exceed the requirements of the specifically named code or standard. Such proof shall be in the form requested in writing by the Engineer, and copies of a certified report of tests conducted by a testing agency approved for that purpose. B. Related Work Described Elsewhere: Specific naming of codes or standards occurs on the drawings and in other Sections of these Specifications. 1.2 QUALITY ASSURANCE. A. Codes and Standards: Familiarity with pertinent codes and standards: In procuring all items used in this work, it is the Contractor's responsibility to verify the detailed requirements of the specifically named codes and standards and to verify that the items procured for use in this work meet or exceed the specified requirements. B. Rejection of Non -Complying Items: The Engineer reserves the right to reject items incorporated into the work which fail to meet the specified minimum requirements. The Engineer further reserves the right, and without prejudice to other recourse the Engineer may take, to accept non -complying items subject to adjustment in the Contract Amount as approved by the Engineer and the Owner. C. Additional Standards and Requirements: Applicable standards listed in these Specifications include, but are not necessarily limited to, standards promulgated by the following agencies and organizations: 1. AASHTO = American Association of State Highway and Transportation Officials, 341 National Press Building, Washington, D.C. 20004. 2. ACI = American Concrete Institute, Box 19150, Redford Station, Detroit, Michigan 48219. REFERENCE STANDARDS 1 \08091\wp0les\SRE Specs\01091 tloc 01091-1 AISC = American Institute of Steel Construction, Inc., 1221 Avenue of the Americas, New York, New York 10020. 4. ANSI = American National Standards Institute (Successor to USASI and ASA), 1430 Broadway, New York, New York 10018. 5. ASTM = American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103. 6. AWS = American Welding Society, Inc., 2501 N.W. 7th Street, Miami, Florida 33125. 7. AWWA = American Water Works Association, Inc., 6666 West Quincy Avenue, Denver, Colorado 80235. 8. CRSI = Concrete Reinforcing Steel Institute, 228 North LaSalle Street, Chicago, Illinois 60610. 9. CS = Commercial Standard of NBS, U.S. Department of Commerce, Government Printing Office, Washington, D.C. 20402. 10. FGMA = Flat Glass Marketing Association, 3310 Harrison, Topeka, Kansas 66611. 11. ISPWC = Idaho Standards for Public Works Construction, 2002 Edition 3330 Grace Street, Boise, ID 83703. 12. NAAMM = The National Association of Architectural Metal Manufacturers, 1033 South Boulevard, Oak Park, Illinois 60302. 13. NEC = National Electrical Code (see NFPA). 14. NEMA = National Electrical Manufacturers Association, 155 East 44th Street, New York, New York 10017. 15. NFPA = National Fire Protection Association, 470 Atlantic Avenue, Boston, Massachusetts 02210. 16. SDI = Steel Deck Institute, 135 Addison Avenue, Elmhurst, Illinois 60125. 17. SSPC = Steel Structures Painting Council, 4400 5th Avenue, Pittsburgh, Pennsylvania 15213. 18. TCA = Tile Council of America, Inc., P.O. Box 326, Princeton, New Jersey 08540. 19. Underwriters' Laboratories, Inc., 207 East Ohio Street, Chicago, Illinois 60611. 20. Fed Specs and Fed Standards, Specifications Sales (3FRI), Bldg, 197, Washington Navy Yard, General Services Administration, Washington, D.C. 20407. REFERENCE STANDARDS I \08091 \W Pfdes\SRE Specs \01091.doc 01091-2 21. MIL -SPECS = Military Specifications, Superintendent of Documents, U.S. Government Printing Office, Washington D.C. 20402. 22. UBC = Uniform Building Code, International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601. 23. FAA = Federal Aviation Administration, Seattle Airports District Office, 7300 Perimeter Road South, Seattle, Washington 98108. PART 2 - PRODUCTS No products this section. PART 3 - EXECUTION The Contractor is responsible for being familiar with all named or implied codes. The latest revision or edition of codes or standards shall be used. PART 4 - MEASUREMENT AND PAYMENT There will be no separate measurement or payment for work required by the Section. REFERENCE STANDARDS 1 \08091\WPfiles\SRE Specs\01091 doc 01091-3 SECTION 1340 SUBMITTALS, SHOP DRAWINGS AND SAMPLES PART 1 - GENERAL 1.1 DESCRIPTION. A. Work Included: Wherever possible throughout the Contract Documents, the minimum acceptable quality of workmanship and materials has been defined by manufacturer's name and catalog number, reference to recognized industry and government standards, or description of required attributes and performance. To ensure that the specified products are furnished and installed in accordance with design intent, procedures have been established for advance submittal of design data and for their review by the Engineer. Make all submittals required by the Contract Documents, and revise and resubmit as necessary to establish compliance with the specified requirements. B. Related information: Individual requirements for submittals and substitutions may be described in the Sections of these Contract Documents pertaining to the item. 1. Procurement General Conditions, Articles 2.3, 6.1, 6.5, 7.2, 7.3, 7.6, 7.7, 7.8, 7.9, 7.10, 7.11. 1.2 QUALITY ASSURANCE. A. Coordination of submittals: Prior to each submittal, carefully review and coordinate all aspects of each item being submitted and verify that each item and the submittal for it conforms in all respects with the requirements of the Contract Documents. By affixing the Contractor's signature to each submittal, certify that this coordination has been performed. B. Certificates of compliance: Certify that all materials used in the work comply with all specified provisions thereof. Certification shall not be construed as relieving the Contractor from furnishing satisfactory materials if, after tests are performed on selected samples, the material is found to not meet specified requirements. Show on each certification the name and location of the work, name and address of Contractor, quantity and date or dates of shipment or delivery to which the certificate applies, and name of the manufacturing or fabricating company. Certification shall be in the form of letter or company -standard forms containing all required data. Certificates shall be signed by an officer of the manufacturing or fabricating company. In addition to the above information, all laboratory test reports submitted with Certificates of Compliance shall show the date or dates of testing, the specified requirements for which testing was performed, and results of the test or tests. SUBMITTALS, SHOP DRAWINGS AND SAMPLES 1 \08091\WPfiles\SftE Specs101340 doc 01340-1 1.3 SUBMITTALS. A. Submittal Schedule: Within 14 days after execution of the Agreement, and before any items are submitted for approval, submit to the Engineer two copies of the schedule described in Article 2.1 of this Section. B. Certificates of Compliance: Prior to installation of the materials, and as a condition of acceptance, submit to the Engineer all Certificates of Compliance required. C. Substitutions: Make all submittals of Shop Drawings, Samples, Requests for Substitution, and other items, in strict accordance with this Section. When the Contractor elects to use a material exceeding specifications for his convenience or availability, he does so at his own expense unless approved by the Engineer. 1.4 GUARANTEE. The Contractor shall bear ultimate responsibility for providing a complete working system and shall guarantee that all installed system components are compatible and will provide for the intended operation of the component and the system of which it is a part. PART 2 - PRODUCTS 2.1 SUBMITTAL SCHEDULE. A. General: Compile a complete and comprehensive schedule of all submittals anticipated to be made during progress of the work. Include a list of each type of item for which Contractor's drawings, Shop Drawings, Certificates of Compliance, material samples, guarantees, or other types of submittals are required. Upon review and comment by the Engineer this schedule will become part of the Contract and the Contractor will be required to adhere to the schedule except when specifically otherwise permitted. B. Coordination: Coordinate the schedule with all necessary subcontractors and materials suppliers to ensure their understanding of the importance of adhering to the approved schedule and their ability to so adhere. Coordinate as required to ensure the grouping of submittals as described in Paragraph 3.2 below. C. Revisions: Revise and update the schedule on a monthly basis as necessary to reflect conditions and sequences. Promptly submit revised schedules to the Engineer for review and comment. 2.2 SHOP DRAWINGS AND COORDINATION DRAWINGS. A. Shop drawings: Scale and measurements: Make all Shop Drawings accurately to a scale sufficiently large to show all pertinent aspects of the item and its method of connection to the work. 1. Prints required: Submit three copies of all Shop Drawings to the Engineer. SUBMITTALS, SHOP DRAWINGS AND SAMPLES I.\08091 WPIes\SRE Specs\01340 doc 01340-2 2.3 MANUFACTURERS' LITERATURE. Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, clearly indicate which portion of the contents is being submitted for review. 2.4 SAMPLES. A. Accuracy off samples: Samples shall be of the precise article proposed to be furnished. B. Number of samples required: Unless otherwise specified, submit 2 samples, one of which will be retained by the Engineer. 2.5 COLORS AND PATTERNS. Unless the precise color and pattern is specifically described in the Contract Documents, and whenever a choice of color or pattern is available in a specified product, submit accurate color and pattern charts to the Engineer for review and selection. 2.6 SUBSTITUTIONS. A. Approval required: The Contract is based on the standards of quality established in the Contract Documents. All products proposed for use, including those specified by required attributes and performance, shall require approval by the Engineer before being incorporated into the work. 2.7 AVAILABILITY OF SPECIFIED ITEMS. A. Verification: The Contractor shall be responsible for verifying to his satisfaction that all specified items will be available in time for installation during orderly and timely progress of the work. B. Notification: In the event specified items will not be available, the Contractor shall notify the Engineer prior to receipt of bids. C. Delays: The costs of delays resulting from non -availability of specified items, when such delays could have been avoided by the Contractor, will be the Contractor's liability and shall not be borne by the Owner. PART 3 - EXECUTION 3.1 IDENTIFICATION OF SUBMITTALS. A. General: Consecutively number all submittals. Accompany each submittal with a letter of transmittal containing all pertinent information (item and section number) required for identification and checking of submittals. Do not submit multiple submittals under a single transmittal - each submittal needs to be addressed on its own merit for acceptance or rejection. SUBMITTALS, SHOP DRAWINGS AND SAMPLES I \08091\WPflles\SRE Specs\01340 doe 01340-3 B. Internal Identification: On each copy of each submittal, and elsewhere as required for positive identification, clearly indicate the submittal number in which the item was included. C. Resubmittal: Resubmittals shall include a new letter of transmittal with item and section numbers as defined Article 3.1, paragraph A. D. Submittal Log: Maintain an accurate submittal log for the duration of the Contract, showing current status of all submittals at all times. The minimal required information on the submittal log shall be the date it was transmitted, Contractor's transmittal number, description, subcontractor reference, specification reference, Engineer's review status and date returned to the Contractor. The Contractor shall submit his submittal with his progress payment application on a monthly basis. The updated submittal log will be precedent to all progress payments unless otherwise directed by the Engineer. 3.2 COORDINATION OF SUBMITTALS. A. General: Prior to submittal for review and comment, use all means necessary to fully coordinate all material including, but not necessarily limited to: 1. Determine and verify all interface conditions, catalog numbers, and similar data. 2. Coordinate with other trades as required. 3. Clearly indicate all deviations from requirements of the Contract Documents. B. Grouping of Submittals: Unless otherwise specified, make all submittals in groups containing all associated items to ensure that information is available for checking each item when it is received. Partial submittals may be rejected as not complying with the provisions of the Contract Documents and the Contractor shall be strictly liable for all delays so occasioned. Full compliance with Section 3.1 is a requirement of this section by the Contractor. 3.3 TIMING OF SUBMITTALS. A. General: Make all submittals far enough in advance of schedule dates for installation to provide all time required for reviews, for securing necessary approvals, for possible revisions and resubmittals, and for placing orders and securing delivery. B. Engineer's Review Time: In scheduling, allow at least 10 calendar days for review by the Engineer following his receipt of the submittal. C. Delays: Delays caused by tardiness in receipt of submittals will not be an acceptable basis for extension of the Contract completion date. 3.4 ENGINEER'S REVIEW. A. General: Review by the Engineer shall not be construed as a complete check, but only that the general method of construction and detailing is satisfactory. SUBMITTALS, SHOP DRAWINGS AND SAMPLES 1108091 \W Pf les\SRE Specs\01340 doc 01340-4 Review shall not relieve the Contractor from responsibility for errors which may exist. B. Authority to Proceed: The notations "No Exception Taken", "Make Corrections Noted", and "Other", authorize the Contractor to proceed with fabrication, purchase, or both, of the items so noted, subject to the revisions, if any, required by the Engineer's review comments. C. Revisions: Make all revisions required by the Engineer. If the Contractor considers any required revision to be a change, he shall so notify the Engineer as provided for under "Changes" in the General Conditions. Show each drawing revision by number, date, and subject in a revision block on the drawing. Make only those revisions directed by the Engineer. D. Revisions After Review and Comment: When a submittal has been reviewed by the Engineer, resubmittal for substitution of materials or equipment will not be considered unless accompanied by an acceptable explanation as to why the substitution is necessary. PART 4 - MEASUREMENT AND PAYMENT No separate measurement or payment to the Contractor will be made for the work required under this Section. SUBMITTALS, SHOP DRAWINGS AND SAMPLES 1.\08091 \W Pfiles\SRE Specs\01340 doe 01340-5 IV. SPECIFICATIONS Division Eleven — Equipment SECTION 11901 UTILITY SNOW REMOVAL EQUIPMENT WITH ATTACHMENTS PART 1 - GENERAL 1.1 DESCRIPTION. A. Work Included. This specification is the basis for procurement of utility snow removal equipment, intended for sweeping and plowing snow from airport operational areas, including runways, taxiways and apron areas. The prime mover and attachments must be manufactured in the United States for the specific purpose of snow removal, and shall, at a minimum, meet the specified criteria for type, size, and quality as listed below. B. Related Information: 1. FAA Advisory Circular 150/5220-20, dated 6/30/92, Airport Snow and Ice Control Equipment; Change 1, dated 3/1/94. 2. Summary of Work, Specification Section 1010. 3. Submittals, Shop Drawings and Samples, Specification Section 1340. 1.2 CERTIFICATION. The bidder shall submit the Specification Compliance Certification, (Additional Bid Forms, Division I — Exhibit IV) with his bid certifying that the goods the bidder intends to provide comply with the performance, design and construction requirements of this specification. 1.3 SYSTEM DESCRIPTION. Snow removal equipment shall consist of a diesel powered, articulating four -wheel -drive, bidirectional prime mover (tractor). The unit shall be compatible with all types of snow removal operations. Attachments include a 12 feet wide snow blade and a PTO -driven runway broom. The tractor shall provide a minimum of 105 PTO horsepower at rated engine rpm. The broom head shall be a minimum of 14 feet long, capable of sweeping a clear width of 11 feet minimum with the broom head turned in the sweeping position. Indicate length of broom to be supplied on the Bid Form. Bid Add Alternates include equipping the tractor with engine end PTO, a cab end mounted loader and bucket, and an engine end mounted PTO -driven snow blower. All parts and components of this equipment shall be designed and manufactured to be of the size, material, and strength necessary to sustain the specified performance operating in all snow removal conditions with minimum wear and failure. If requested by the Owner after the bid opening, the apparent successful Bidder shall identify the locations and serial numbers of units in service and the names of reference contacts and telephones number. PRIMARY SNOW REMOVAL EQUIPMENT WITH ATTACHMENTS 11901-1 1 \08091\WPfiles\SRE SpecM11901_McCalI Snow Removal tloc 1.4 SUBMITTALS. A. Initial Equipment Submittal. The Bidder shall submit as part of their Bid, complete documentation and illustrative descriptions of all major components and systems comprising the Goods offered to indicate conformance with the specifications. The Bidder shall also submit as part of the Bid a proposed policy for parts and service availability. Award will not be made to a Bidder that has not provided a complete initial equipment submittal. B. Shop Drawings. Within twenty-one calendar days of the effective date of the Procurement Agreement, the Contractor shall provide to the Engineer complete shop drawings of all system components and operating systems comprising the Goods to be provided. C. Technical Publications. The Contractor shall provide, at the time of delivery of Goods to the Owner, one complete set of the following documentation as part of the Operations and Maintenance Manuals requirements in accordance with the standard commercial practices applicable to the tractor, loader, blade, broom, and snow blower furnished under this contract. Each set shall include one copy each of 1. Operator's Manual with lubrication chart. Operator's Manual shall be a printed document. 2. Maintenance and Service Manual. All applicable service manuals, to include service and repair manuals for all assemblies and subassemblies such as power plant, drive system, hydraulic system, etc. Maintenance and Service Manual shall be a printed document. 3. Parts Manual. All parts not originally fabricated by the manufacturer of the tractor shall be cross-referenced by the original manufacturer's name and number as well as the supplier's number. 4. CD-ROM. Manuals shall be printed documents. Provide Manuals on CD- ROM, if available. 5. Electrical schematics. 6. Operator Video. Provide a video for operator training of all features of the unit. D. Additional Requirements. See Specification Section 1010, Summary of Work for further requirements. 1.5 QUALITY ASSURANCE. A. Quality Assurance Provisions. The Contractor shall be responsible for the performance inspection requirements specified herein. Except as otherwise specified, the Contractor shall utilize his own or any other inspection facilities or services. The Contractor shall maintain records of inspections and tests. Copies of these records shall be provided to the Purchaser. PRIMARY SNOW REMOVAL EQUIPMENT WITH ATTACHMENTS 11901-2 I \08091\WP(Ies\SRE Specs\11901_McCaII Snow Removal doc B. Substitutions. Make all submittals of shop drawings, samples, and requests for substitution in accordance with Specification Section 1340 Submittals, Shop Drawings and Samples. When the Contractor elects to use a material exceeding the specifications for his convenience or availability, he does so at his own expense unless approved by the Engineer. 1.6 DELIVERY, STORAGE AND HANDLING. A. Preparation for Delivery: 1. Shipment. The equipment shall be packed in such a manner as to insure acceptance and safe delivery to the designated point. 2. Marking for shipment shall be in accordance with the instructions issued by the Purchaser. 3. Delivery shall be in accordance with the conditions of the Procurement Agreement. B. Field Testing and Startup. Refer to Specification Section 1010 Summary of Work. 1.7 WARRANTY. A standard one-year warranty shall be provided for the Utility Snow Removal Equipment with Attachments. The successful Bidder shall be responsible for warranty work on all equipment and components, including attachments and non -factory parts. Provide point of contact name and telephone number for warranty service and parts that is available 24 hours per day, 7 days per week, 365 days per year. 1.8 MATERIALS. Materials shall conform to the specifications listed in this document and Advisory Circular 150/5220-20. Materials shall be of the best quality available for their intended commercial use. Component parts shall be new and free of all defects and imperfections that could affect the serviceability of the finished product. All materials supplied shall be of current serial numbers representing that the materials are current and readily available upon need due to failure and normal replacement. No obsolete, but unused parts shall be utilized in the manufacturing of this equipment. 1.9 DESIGN. Equipment shall be developed in accordance with the best engineering practices available. Vehicle design shall include current state-of-the-art procedures that consider improved cab visibility, interior lighting and the mitigation of noise and vibration. Design and installation of equipment shall permit easy accessibility for maintenance and service. All vehicle stress points shall be designed to distribute and dissipate shock forces. 1.10 CONSTRUCTION. Equipment shall be constructed to provide maximum protection against structural member failures. Equipment shall withstand the cold, moisture, strains, jars, vibration, and other conditions that are likely to be encountered during operation. All components PRIMARY SNOW REMOVAL EQUIPMENT WITH ATTACHMENTS 11901-3 I \08091\WPfles\SRE Specs\11901_McCall Snow Removal doe and assemblies shall be free of hazardous protrusions, sharp edges, cracks, or other elements that might cause injury to personnel or damage to equipment. All oil, hydraulic, air lines, and electrical wiring shall be located in protected positions properly attached to the frame or body structure. Wherever these lines pass through structural members, they shall be protected with looms or grommets except where a through - frame connector is necessary. 1.11 NAME, SERVICE, AND INSTRUCTION PLATES. All information plates shall be made of either non -corrosive metal or plastic with the information engraved, stamped, or etched thereon. Plates shall be mounted in a conspicuous place with screws, bolts, rivets, or exterior type pressure sensitive tape. Plates shall identify make, model, serial number, and any other relevant data. PART 2 - EQUIPMENT Snow removal equipment shall consist of a diesel powered, articulating four -wheel -drive, bidirectional prime mover (tractor). The unit shall be compatible with all types of snow removal operations. Attachments include a 12 feet wide snow blade and a PTO -driven runway broom. The tractor shall provide a minimum of 105 PTO horsepower at rated engine rpm. Bid Add Alternates include equipping the tractor with engine end PTO, a cab end mounted loader and bucket, and an engine end mounted PTO -driven snow blower. 2.1 TRACTOR. The tractor shall be a diesel powered, articulating, four-wheel drive, bidirectional tractor equipped to receive a 12 feet wide snow blade and a PTO -driven runway broom. It shall have power assisted steering and a transmission with suitable load ranges to accommodate normal operating conditions. A. General Requirements. The tractor shall have the following general requirements: 1. Operating weight rating. 22,000 pounds. 2. Wheelbase. 118 inches. 3. Three—point hitch, cab end. Tractor shall be equipped with three-point CAT II hitch at cab end. 4. Three—point hitch, engine end. Tractor shall be equipped with three-point CAT II hitch at engine end. 5. Power Take Off. Tractor shall be equipped with cab end 540/1,000 rpm dual speed PTO. B. Diesel Engine. The tractor engine shall be of internal combustion, diesel design. It shall be able to meet the performance characteristics specified herein on commercial grade fuel. The engine shall develop sufficient torque and horsepower to meet its normal operational requirements without exceeding the PRIMARY SNOW REMOVAL EQUIPMENT WITH ATTACHMENTS 11901-4 \08091\WPfles\SRE Specs\11901_McCaIl Snow Removal doe no-load speed at the peak of its certified gross brake horsepower curve. Engine shall be equipped or shall include the features specified, unless otherwise stated. 1. Tractor engine to be turbocharged, intercooled, four-cycle diesel engine. 2. Displacement: Minimum displacement of 411 cubic inches, 6 cylinders. 3. Rating: Minimum 105 PTO horsepower at rated engine rpm. Engine shall be rated for a minimum of 155 horsepower. 4. Cold weather starting aid: Electric block heater required, equipped with ether start aid if available. 5. Air Cleaner: Dual element, dry type. 6. Fuel Filter. Primary inline filter with two -stage system consisting of water/sediment separator and spin -on filtration cartridge. 7. Lubrication. Minimum 18-quart capacity with full flow pressure lubrication and spin -on filter. 8. Muffler. Steel exhaust muffler and rain protection. C. Cooling System. The engine cooling system shall be based on a liquid design. A by-pass thermostat that regulates the flow of engine coolant shall control internal temperature. Drain cocks shall be installed at the lowest point of the cooling system and at other points necessary to completely drain the system. The engine cooling system shall be filled with permanent type antifreeze protecting the system to -40 degrees F. D. Fuel Tank and Lines. The minimum fuel capacity shall be 55 gallons. Fuel tank shall be constructed of steel. Fuel tank and lines shall be properly fastened to the frame. The fuel filler pipe shall be located outside of the vehicle cab in an area accessible for refueling from the ground. The fuel filler cap shall be painted a color appropriate for the type of fuel, and a permanent label shall be affixed as close as practical to the fill neck, in an area visible to the person refueling the vehicle, stating the appropriate fuel and capacity of the tank. E. Accessibility. 1. Component Location. Engine and chassis components shall be positioned to allow easy access for inspection and maintenance purposes. Fluid capacities that must be checked during a pre -trip inspection, such as hydraulic oil level(s), windshield washer fluid level, and diesel fuel level shall be visually observable or otherwise capable of being checked without the need for tools, and without requiring work stands, portable ladders, or other equipment to check the service levels. 2. Cover Plates. Cover plates shall be equipped with either quick - disconnect fastenings or hinges. PRIMARY SNOW REMOVAL EQUIPMENT WITH ATTACHMENTS 11901-5 1108091\WP61es\SRE Specs\11901_McCaII Snow Removal doc 3. Drains, Filler Plugs. Grease fittings, hydraulic lines, bleeders and checkpoints for all components shall be located to be readily accessible and shall not require special tools for servicing. 4. All Components. All components shall be designed and protected so that heavy rain, snow, ice and slush will not interfere with normal service or operation. Adequate guards shall be provided for rotating components. F. Transmission. Transmission shall be hydrostatic, 8 range hydro shift. Shifting shall be electronically controlled. G. Axles. Front and rear axles shall be planetary. 1. Cab end axle. The cab end axle shall be rated for 16,800 pounds. 2. Engine end axle. The engine end axle shall be rated for 12,000 pounds. 3. Differential locks. Electro-hydraulic differential locks front and rear. H. Service Brakes. The service brakes shall be hydraulic, wet -type, four disc. The service brakes shall be complete with all necessary equipment to safely control, stop and hold a fully equipped vehicle under all normal operating conditions. Steering System. Steering shall be full power, hydraulic, 45-degree articulation left and right. J. Wheels. Wheels shall be heavy-duty steel. K. Tires. Tires shall be of tubeless, radial design, non -direction R-1 lug, size 480/85R34. Tires provided shall be supplied by a major tire manufacturer and designed specifically for heavy duty, severe weather applications. L. Hydraulic System. The hydraulic system shall consist of appropriate rams, pumps, piping, fittings, valves, controls, fluid reservoirs and filters, coolers, and other parts essential to its full operation. The system shall be capable of hydraulically positioning equipment through the entire range of its design limits. The system shall be ruggedly constructed and able to withstand all loads imposed on it without relying on the use of mechanical locks. The hydraulic system shall be equipped as follows: 1. Pump. The pump shall have sufficient capacity to operate the hydraulic equipment specified under all operating conditions and speeds. Pump shall be variable displacement, piston type, closed center, load sensing system. 2. Valves. Three closed center remote valves at cab end and two remote valves engine end. 3. Auxiliary hydraulic pump. The auxiliary pump shall be rated for 34 gallons per minute, closed center, non -load sensing. PRIMARY SNOW REMOVAL EQUIPMENT WITH ATTACHMENTS 11901-6 1 \08091\wPrIes\SRE Specs\11901 McCall Snow Removal doe Lines and fittings. Only commercial quality hydraulic lines, hoses, and fittings that are capable of withstanding system working pressures under load are acceptable. Hydraulic hoses shall have a bursting pressure of three times their rated working pressure. The use of fittings, joints, and connections shall be kept to a minimum. 5. Quick couplers. Lines for attachments shall have drybreak type quick connect couplers. 6. Fluid Tank. The hydraulic fluid tank shall have a filler neck with strainer, drain plug, shutoff valve, air vent, and baffles. Capacity shall exceed the volume of oil required for the operation of any combination of attachments and it shall have a hydraulic fluid quantity level measurement. 7. Heater. Equipped with hydraulic oil heater. 8. Controls. All hydraulic controls shall be located in the vehicle cab. All controls required to control specified equipment and attachments shall be installed. Owner must approve control locations prior to delivery. M. Electrical System. The electrical system shall be negatively grounded and installed in accordance with current state-of-the-art practices and appropriate Federal requirements. All parts of the electrical system shall be waterproof, easily accessible, securely mounted, and protected against extreme temperatures, physical damage, oil, and corrosion. All electrical circuit wiring shall be made of stranded conductors with a capacity exceeding the anticipated maximum circuit loading. The electrical system shall be equipped as follows: 1. Alternator. Provide high capacity alternator with built-in voltage regulator: 120 amps, minimum. 2. Batteries. Batteries shall be securely mounted and adequately protected against physical injury, water, chemicals, and exhaust heat. Provide two maintenance -free batteries, 950 cold cranking amps each at zero degrees F, installed in separate compartment with corrosion resistant interior. N. Lighting System. The lighting system, including reflectors and clearance lights, shall be standard equipment currently used by the manufacturer. Task -oriented lights should be capable of lighting those areas to be cleared. The system shall include: 1. Headlights. The tractor shall be equipped with two quartz -halogen road headlights with upper and lower driving beams, front and rear. Two lights to be high -mounted and two lights to be mounted at cab floor level. 2. Work Lights. The following work lights shall be installed: a. Two halogen lights mounted on roof at front of cab. b. Four halogen lights mounted on roof at rear of cab. PRIMARY SNOW REMOVAL EQUIPMENT WITH ATTACHMENTS I \08091\WPfiles\SRE Specs\11901 McCall Snow Removal doc 11901-7 3. Dual Tail lights and Dual Stop lights. Each vehicle operating on airport property shall be equipped with dual taillights and dual stoplights. The stoplights shall be activated whenever service brakes are applied. 4. Turn Signals. The carrier vehicle shall be equipped with two front and two rear turn signals with self -cancelling controls and a visual/audible indicator. In addition to signaling turning movements, the system shall also be capable of signaling a hazardous condition by flashing simultaneously. 5. Vehicle Safety Identification Lights. The vehicle shall have a roof - mounted yellow rotating beacon (see AC 150/5210-5C, Painting, Marking, and Lighting of Vehicles on an Airport). The light shall be hard wired into the tractor electrical system controlled by a switch. O. Operator's Cab. Tractor shall be equipped with fully enclosed sound suppressed cab with rollover protection in compliance with SAE J 1194 and OSHA 1928.52. Cab shall be equipped as follows: 1. Cab shall be equipped with two side entry doors, one each side of cab, with locks. 2. Cab shall have rotating operator's station. 3. Tilt/telescoping steering column. 4. Cab shall have interior rearview mirrors. 5. Self -canceling turn signals with hazard switch. 6. Key type starter switch for engine. P. Radios. A tunable airport frequency two-way transceiver radio, complete with antennae and microphone shall be installed. Airport frequency radio shall be an Icom IC-A110, or approved equal. Radio shall be equipped with adapter for connection with standard airband headset. Headset to be supplied by Owner. Q. Fire Extinguishers. The vehicle cab shall have at least one 2A-10BC interior mounted fire extinguisher that is readily accessible to the operator. R. Operator Seat. Operator's seat shall be fabric -covered, adjustable, air suspension type, with arrests and with three point type safety belts. S. Windows. The vehicle cab shall maximize the use of glass, including the placement of panels to increase the operator's view of operational areas and ground surfaces. All windows shall be tinted glass. T. Wipers. The cab shall be equipped with front and rear wipers. U. Exterior Rearview Mirrors. Dual West Coast type mirrors shall be mounted, one on each side of the vehicle cab. PRIMARY SNOW REMOVAL EQUIPMENT WITH ATTACHMENTS 11901-8 1 \080911WPhles\SRE Specs\11901 McCall Snow Removal cloc V. Heater. The tractor cab shall be equipped with a high output heater/defroster and air conditioning. W. Instrumentation. The cab shall display an instrument panel equipped with rocker and/or toggle switches and controls. Instruments shall be backlit illuminated. The following instrumentation shall be provided: 1. Hour meter. 2. Tachometer. 3. Speedometer. 4. Fuel quantity gauge. 5. Transmission range indicator. 6. High beam indicator. 7. PTO indicator. 8. Engine coolant temperature Gauge. 9. Engine oil pressure alarm. 10. Hydraulic oil temperature alarm. 11. Filter bypass alarm. 12. Air restriction alarm. 13. Parking brake alarm. 14. Differential lock indicator. X. Painting. The tractor shall be painted manufacturer's standard yellow color. The finished paint shall be free of "fisheye", "orange peel", chips, runs, or other imperfections that detract from the equipment's corrosion resistance and appearance. 2.2 SNOW BLADE. The snow blade shall be a steel, hydraulically operated blade mounted to the engine end three-point hitch. A. Construction. Snow blade construction shall be as follows: 1. The snow blade shall have a moldboard constructed of steel with a thickness of 10 gauge, minimum. 2. The snow blade shall have a straight moldboard with a height not less than 36 inches and shall be 12 feet wide. PRIMARY SNOW REMOVAL EQUIPMENT WITH ATTACHMENTS 11901-9 \08091WPfles\SRE Specs\11901 McCall Snow Removal doe 3. The snow blade shall have removable pin -on box end sections to allow the blade to function as a ramp plow. 4. The moldboard shall be constructed with full-length reinforcements. 5. Hitch shall be attached to moldboard reinforcements. 6. Vertical ribs shall be as required for rigidity. 7. Replaceable rubber cutting edges. 8. Adjustable, replaceable skid shoes. 9. Snow blade shall have adjustable spring trip blade with lockout. B. Plow Angle - Hydraulic Reversing. The plow frame shall be equipped with two single acting telescoping type hydraulic cylinders enabling the plow to be angled left, right, or straight ahead. Plowing angle shall be variable, a minimum of 30 degrees each side of centerline. At maximum angle the reversing cylinders shall have sufficient stoke as to not be fully extended or retracted. The cylinders shall be heavy duty to allow for heavy snow plowing under severe conditions. The reversing stops will stop the swing of the plow at 32-degrees in either the left or right direction. C. Color. Moldboard shall be painted manufacturer's standard color. Plow to be cleaned, primed and painted in accordance with the best commercial practice. 2.3 RUNWAY BROOM. Snow removal equipment attachments shall include a heavy-duty PTO -driven, push -type sweeper attached to the tractor at the cab end. The broom head shall be 36 inches in diameter capable of producing a minimum of 1,655 ft-Ibs of torque at 345 RPM. The broom head shall be hydrostatic drive with infinitely variable speed hydraulic pumps and fixed displacement motors. The system shall have the ability to remove three inches of light snow (density of 8 to 15 pounds per cubic foot), or 1 inch of slush (density of 40 pounds per cubic foot) at rated speeds up to 19 MPH depending on conditions. A. Broom Head. The brush shall be 36 inches in diameter. The broom head shall be a minimum of 14 feet long and shall sweep a clear width of 11 feet minimum with no gaps in swept coverage with the broom head turned in the sweeping position. Specify length of broom and sweeping angle required to sweep a clear width of 11 feet with no gaps in coverage. The gap between center broom core sections shall be minimized. The broom head frame must sustain the loads imposed by the snow removal capacity of the unit. The broom head frame shall include provisions for grease between the mating surfaces. B. Brush Assembly. The brush assembly shall consist of a vehicular attachment mechanism, cylindrically shaped core, broom frame, hood and deflector, angling system, drive system, and casters. C. Broom Hitch. The broom head shall be mounted and unmounted from the tractor by means of a broom head hitch of a size sufficient to support the weight PRIMARY SNOW REMOVAL EQUIPMENT WITH ATTACHMENTS 11901-10 I \08091\WPfles\SRE Specs \11901_MCCalI Snow Removal doe and operation of the broom head. The broom hitch shall be capable of sustaining all loads imposed during operation. It shall provide free flotation for the broom head for bounce and skip free operation. The broom hitch shall have the necessary degrees of freedom to follow normal contours in the pavement and to accommodate surface irregularities, while sweeping at the rated speed without bouncing skipping, binding or sustaining damage. D. Broom Hood. The broom hood shall be fabricated from heavy gauge sheet steel or other durable material and securely fastened to the broom frame. It shall shield the top half of the brush and shall be non -clog design to prevent snow and ice buildup underneath the hood. It shall provide the necessary quick access to the brush for replacement of bristles and for inspection. E. Deflector. A hydraulically adjustable snow deflector shall be mounted at the front of the hood. It shall have the ability to influence the angle that snow leaves the broom for snow cast control purposes. The deflector shall be adjustable by the operator at the operator control station. F. Broom Angle. The broom angling mechanism shall be hydraulically actuated and controlled by the operator using an electro-hydraulic device. The broom shall be capable of swinging 35 to 45 degrees maximum left and right from the bulldoze position. At full left or full right, no snow shall pass thru or carryover the bristles at rated speeds. The bearing mechanism shall allow frictionless motion through the swing range. Pivot points shall have greaseable low friction bushings. G. Broom Oscillation. The broom oscillation shall provide true flotation left to right for the broom head independent of the chassis to accommodate surface irregularities. It shall have at least 10 degrees (+5, -5) of free-floating oscillation from left to right. H. Broom Drive. The broom drive shall be hydrostatic and may be driven from either end, center, or from both ends. Power shall be supplied from hydrostatic pump driven by the cab end PTO. Hydrostatic motor(s) shall be tightly coupled to the broom core shaft with no looseness in any connection. The connection must be capable of handling the loads imposed by the hydrostatics. Speed of broom shall be variable from 0 to 345 RPM. Available torque at the broom shaft shall be a minimum of 1,655 ft-lbs at maximum hydraulic pressure (approximately 5,000 psi). Broom Cores. The brush core shall be bearing supported and may be driven from either end, center, or from both ends. Idler bearings shall have a remote grease block located for easy service access. All steel on steel couplings of the drive and core must be replaceable hardened steel. The brush core shall be configured for bristle assemblies of wafers. The core shall be constructed to allow bristle sections to be easily removed in the field and replaced. The broom core section must be constructed for efficient (tight) wafer stacking and to sustain the loads imposed by the snow removal capacity of the unit. The brush on the cores shall be designed for runway operation and shall be field replaceable with maximum ease without the use of special tools. The bristles PRIMARY SNOW REMOVAL EQUIPMENT WITH ATTACHMENTS 11901-11 1 \08091\WPfiles\SRE Specs111901_MoCar] Snow Removal doc shall be fastened in a radial wafer fashion to steel ring with wire. The wafers shall be a 50/50 combination of polypropylene and wire, confirming to Mil Spec F-83002. The polypropylene bristles shall be 0.075-inch by 0.105-inch oval shaped with an 8 pounds total wafer weight minimum. The wire bristles shall have a mean diameter of 0.018 inches, galvanized, with a carbon content of 0.81 to 0.86 percent and a 10 pounds total wafer weight minimum. All wafers shall be within 50 oz-in static balance and marked at the heavy location. J. Broom Casters. The weight of the broom head shall be supported by swivel caster tire assemblies. They shall be mounted along the rear of the broom frame. The quantity of tires shall be commensurate with the loading from the brush head. The mounting position must be spaced for uniform weight distribution and shall track within the swept path of the brush. The caster tire assembly shall be capable of revolving a full 360 degrees and shall not bind or come into contact with the brush or any other surface of the broom throughout their full rotational arc. Loading and operating speed of the broom shall not overload the rating of the entire caster assembly including the tires and wheels. Caster tires shall be radial pneumatic tires. To keep the caster assembly from shimming, a shimmy damper device is required for each assembly. K. Broom Elevation and Brush Pattern Adjustment. The broom elevation mechanism shall be hydraulically actuated and controlled by the operator's joystick, which shall raise the brush off the surface and lower it for sweeping. An easily adjustable and accessible height adjustment that sets the brush pattern shall be provided. Brush pattern adjustment may be either automatic or easily accessible manual system. L. Controls and Instrumentation. Controls shall be electric over hydraulic type. Instruments and controls shall be labeled in a manner to remain legible for the life of the unit and shall be illuminated. The operator station shall be conveniently mounted in -cab, user friendly and easily accessed by operators wearing heavy winter clothing. Gauges showing fluid pressures, temperature, and warning readings shall be furnished. The controls in the chassis cab shall have the necessary functions to allow the operator to start and stop the broom, reposition snow deflector, regulate broom speed, angle and lift and engine speed. M. Hydraulic System. The hydraulic system shall consist of appropriate rams, pumps, piping, fittings, valves, controls, fluid reservoirs, filters, coolers, and other parts essential to its full operation. The system shall be capable of hydraulically positioning equipment through the entire range of its design limits. It shall be capable of operating all controls simultaneously without a detrimental reduction in power response. All controls shall be located in the vehicle cab. All hydraulic functions of the broom shall be electric over hydraulic valving. Connectors to the solenoids shall be interlocking type to provide a secure connection, which can withstand normal pressure washing procedures. All hydraulic positioning functions (broom head lift, broom head swing, and deflector) shall be equipped with a hydraulic position locking system. There shall be no hydraulic lines within the operator station. PRIMARY SNOW REMOVAL EQUIPMENT WITH ATTACHMENTS 11901-12 1 \08091\WPfiles\SRE Specs\11901 McCall Snow Removal doc The system shall be ruggedly constructed and able to withstand all imposed loads. It shall maintain operating temperatures suitable to all system components throughout normal operating conditions. The hydraulic system shall meet the same low temperature requirements as the engine coolant system. Filters within the hydraulic system shall conform to the Society of Automotive Engineers (SAE) Information Report, SAE J 931- Hydraulic Power Circuit Filtration. Proper filtering shall be done on both the high pressure and low pressure circuits. There shall be a 5-micron absolute rating on the hydrostatic pumps' filters and placed in the charge pressure lines. There shall be a clogged filter indicator light at the operator's station indicating filter replacement. Shut off valves for all filters below tank fluid level shall be installed to allow filter changes with minimal loss of oil. All hoses for all systems shall be properly sized and strength to work with the pressure and volume of oil required. Only commercial quality hydraulic lines, hoses, and fittings that are capable of withstanding system working pressures under load are acceptable. Hydraulic hoses shall have a bursting pressure of three times their rated working pressure. All hoses shall be properly sized to ensure a proper flow of oil to working parts. The use of fittings, joints, and connections shall be kept to a minimum. Where required, hoses should be equipped with quick couplers as necessary to facilitate rapid removal and attachment. The hydraulic fluid tank shall have; a filler neck with a strainer, a drain plug, a shutoff valve, an air vent and baffles. Its capacity shall exceed the volume of oil required for the operation of any combination of attachments by 50 percent. A sight glass shall be provided to allow the operator to verify that fluid level is sufficient for safe operation without the necessity of opening the system. An oil level warning and shutdown devices shall be provided in the cab for all hydraulic systems. A hydrostatic oil temp gauge and warning light for low hydrostatic oil level shall also be supplied. N. Quick Disconnects. Quick disconnects or couplers shall be provided for all controls, hydraulic hoses/lines, electrical cables and instrumentation. O. Finish. Broom to be cleaned, primed and painted in accordance with the best commercial practice. The color shall be shall be low gloss black to reduce glare for the operator and to aid in melting ice and snow. PART 3 - ADD ALTERNATES 3.1 ADD ALTERNATE NO. 1. ENGINE END POWER TAKE OFF Tractor shall be equipped with engine end 540/1,000 rpm dual speed PTO. 3.2 ADD ALTERNATE NO. 2. LOADER. Tractor shall be equipped with hydraulically operated loader mounted to cab end. Loader shall be quick -attach design. PRIMARY SNOW REMOVAL EQUIPMENT WITH ATTACHMENTS 11901-13 I \08091\WPfileslSRE Specs\11901_MCCaII Snow Removal doc A. Construction. Loader and bucket shall be as follows: 1. Combination bucket shall have a capacity of 1.5 cubic yards, minimum. 2. Bucket shall be equipped with quick attach mounts to attach to loader arms. 3. Bucket shall be mechanical self -leveling with bucket level indicator. 4. Lift height to bucket pivot: 144 inches, minimum. 5. Lift height under level bucket: 135 inches, minimum. 6. Reach at maximum lift height with bucket dumped: 41 inches, minimum. 7. Lift capacity at bucket pivot point at maximum height: 6,965 pounds, minimum. 8. Breakout force at bucket pivot pin at ground position: 13,440 pounds, minimum. B. Color. Loader and bucket shall be painted manufacturer's standard color. Plow to be cleaned, primed and painted in accordance with the best commercial practice. 3.3 ADD ALTERNATE NO. 3. SNOW BLOWER. The snow blower shall be heavy-duty, PTO -driven, attached to standard CAT II 3-point hitch at engine end of tractor and fully controlled from inside the cab. The engine end mounted snow blower shall be interchangeable with the snow blade. A. Performance. The snow blower shall be capable of moving a minimum of 1,200 tons of snow per hour and casting the snow a minimum distance of 25 feet measured from the center of the snow blower. The snow density for this standard is set at 25 to 30 pounds per cubic foot B. Construction. Snow blower construction shall be as follows: 1. Two stage design. 2. The main body shall be constructed of 7-gauge steel. 3. Cutting width: 96 inches, minimum. 4. Cutting height: 48 inches, minimum. 5. Auger drive chain shall be #80 roller chain. 6. Snow blower shall heave shear pin driveline protection. 7. Equipped with truck loading chute. PRIMARY SNOW REMOVAL EQUIPMENT WITH ATTACHMENTS 11901-14 I \08091\WPfiles\SRE Specs \11901_MCCaII Snow Removal doe 8. Chute rotation shall be hydraulically controlled, with a minimum of 200 degrees rotation. 9. Equipped with adjustable chute deflector. 10. Replaceable, hardened steel cutting edge. 11. Adjustable, replaceable skid shoes. C. Color. Snow blower shall be painted manufacturer's standard color. Snow blower to be cleaned, primed and painted in accordance with the best commercial practice. PART 4 - MEASUREMENT 4.1 GOODS. Goods shall be measured by the lump sum for the bidirectional tractor, by the lump sum for the snow blade, and by the lump sum for the runway broom each as identified in the Bid Schedule. 4.2 SPECIAL SERVICES. Special Services shall not be measured for payment but shall be considered incidental to the Goods to which they are associated. Special Services are as described in Specification Section 1010, Summary of Work. PART 5 - PAYMENT Percentage progress payments for Goods and Special Services shall be made as described in Specification Section 1000, Special Provisions. PART 6 - ADD ALTERNATES MEASUREMENT AND PAYMENT The lump sum cost of adding the engine end PTO to the tractor shall be indicated on the Bid as Add Alternate No. 1. The lump sum cost of adding the loader and bucket to the tractor shall be indicated on the Bid as Add Alternate No. 2. The lump sum cost of adding the engine end mounted snow blower to the tractor shall be indicated on the Bid as Add Alternate No. 3. Selecting Add Alternate No. 3 will also require selecting Add Alternate No. 1. Percentage progress payments shall be made as for Goods and Special Services as described in Specification Section 1000, Special Provisions. PRIMARY SNOW REMOVAL EQUIPMENT WITH ATTACHMENTS 11901-15 I \08091\WPGIes\SRE Specs\11901 McCall Snow Removal doe T-O ENGINEERS 9777 Chinden Boulevard Boise, ID 83714 Phone (208) 323-2288 Fax (208) 323-2399 info@to-engmoers corn to -engineers com 524 Cleveland Boulevard, Room 227 Caldwell, ID 83605 Phone ((208) 795-5058 Fax (1208) 795-5061 West 280 Praue Avenue Coeur Dalene, ID 83815 Phone (208) 762-3644 Fax (208) 762-3708