HomeMy Public PortalAbout210-2022 - Miller Equipment - snow removal{
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THIS AGREEMENT made and entered into this Z3 Id day of �Qi►ti , 2022, and referred
to as Contract No. 210-2022 by and between the City of Richmond, Indiana, a municipal
corporation acting by and through its Board of Aviation Commissioners (hereinafter referred to
as the "City") and Miller Equipment, 2476 W. State Road 46, Greensburg, Indiana, 47240
(hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to furnish various items of snow removal equipment for
Richmond Municipal Airport of the City of Richmond, Indiana, per the specifications (the
"Project") and as described on said specifications, bid materials, and any addendums. The
Project for snow removal equipment includes a New Holland Tractor, snow blower attachment,
rotary broom, and a hydraulic power extendable snow plow.
Bid Specifications issued in February of 2022, have been made available for inspection by
Contractor, are on file in the office of the Manager of the Airport for the City of Richmond, and
are hereby incorporated by reference and made a part of this Agreement. Contractor agrees to
abide by the same.
Portions of the response of Contractor to said Request for Responses. received October 11, 202.2,
is attached hereto as Exhibit A, which Exhibit consists of one (1) page, and is also hereby
incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the
same.
Federal provisions are attached hereto as Exhibit B, which Exhibit consists of sixty (60) pages,
and is also hereby incorporated by reference and made a part of this Agreement. Contractor
agrees to abide by the same and when applicable Contractor shall also cause said Federal
provisions to be incorporated into any lower -tier contracts or subcontracts.
Except for the applicable federal provisions incorporated herein by reference. and attached to this
Agreement, should any provisions, terms, or conditions contained in any of the documents
attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict
with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be
controlling. Specifically, Exhibit B, containing the applicable Federal contract provisions which
are required by federal law shall override any conflicting provision within this Agreement.
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Contract No. 210-2022
The Contractor shall furnish all labor, material, equipment, and services necessary which are
incidental to the proper completion of all work specified.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance and/or
warranties;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5-1.7-11 (a)(2); and
3. A purchase order has been issued by the Purchasing Department.
SECTION II. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of
the City of Richmond. The Contractor shall provide, at its own expense, competent supervision
of the work.
SECTION III. COMPENSATION
City shall pay Contractor an amount not to exceed the total amount of Three Hundred Twenty-
three Thousand Eight Hundred Sixty-five Dollars and Twenty-five Cents ($323,865.25) for
complete and satisfactory performance of the work required hereunder.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become. effective when signed by all parties and shall continue in effect
until satisfactory delivery and acceptance of the snow removal equipment described herein
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in
part, for cause, at any time by giving at least five (5) working days written notice specifying the
effective date and the reasons for termination which shall include but not be limited to the
following:
a. failure, for any reason of the Contractor to fulfill in a timely and proper manner its
obligations under this Agreement;
b. submission by the Contractor to the City of reports that are incorrect or incomplete in
any material respect;
c. ineffective or improper use of funds provided under this Agreement;
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d. suspension or termination of the grant funding to the City under which this Agreement
is made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work
performed prior to the effective date by Contractor, but shall be relieved of any other
responsibility herein.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties
by setting forth the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated.
This Agreement may also be terminated by the City if a force-majeure event occurs and the
results or aftereffects of said event causes the performance of this Agreement to become
impossible or highly impracticable. Said event or results or aftereffects of said event would
include events or effects which the parties to this Agreement could not have anticipated or
controlled. Examples of a force-majeure event, or its results, would include, but would not be
limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act
of Executive Enforcement of the Federal government, the State of Indiana, or local government.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to
person or property or any other claims which may arise from the Contractor's conduct or
performance of this Agreement, either intentionally or negligently; provided, however, that
nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts
of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this
Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set
forth below which may arise out of or result from the Contractor's operations under this
Agreement, whether such operations by the Contractor or by any sub -contractors or by -anyone
directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may
be held responsible.
Coverage Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
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C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$2,000,000 each aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and
shall, before commencing work under this Agreement, provide the City a certificate of insurance,
or a certificate from the industrial board showing that the Contractor has complied with Indiana
Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2.. If Contractor is an out of state employer and
therefore subject to another state's worker's compensation law, Contractor may choose to
comply with all provisions of its home state's worker's compensation law and provide the City
proof of such compliance in lieu of complying with the provisions of the Indiana Worker's
Compensation Law.
SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, Contractor shall provide
to the City its signed Affidavit affirming that Contractor does not knowingly employ an
unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC
22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days
after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation
within the thirty (30) day period provided above, the City shall consider the Contractor to be in
»reach of this Agreement and this Agreement will be terminated. If the City determines that
terininating this Agreement would be detrimental to the public interest or public property, the
City may allow this Agreement to remain in effect until the City procures a new contractor. If
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this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the
Contractor will remain liable to the City for actual damages.
SECTION VIII. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in
investment activities in Iran. In the event City determines during the course of this Agreement
that this certification is no longer valid, City shall notify Contractor in writing of said
determination and shall give contractor ninety (90) days within which to respond to the written
notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased
investment activities in Iran within ninety (90) days after the written notice is given to the
Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In
the event the City determines during the course of this Agreement that this certification is no
longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-
22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement
and terminate the agreement upon the expiration of the ninety (90) day period set forth above.
SECTION IX. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting
on behalf of Contractor or any sub -contractor shall not discriminate against any employee or
applicant for employment to be employed. in the performance of this Agreement, with respect to
hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly
related to employment, because of race, religion, color, sex, disability, national origin, or
ancestry.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
1. That in the hiring of employees for the performance of work under this
Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person
acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of
race, religion, color, sex, national origin or ancestry against any citizen of the State of
Indiana who is qualified and available to perform the work to which the employment
relates;
2. That Contractor, any sub -contractor, or any person acting on behalf of Contractor
or any sub -contractor shall in no manner discriminate against or intimidate any employee
hired for the performance of work under this Agreement on account of race, religion,
color, sex, national origin or ancestry;
3. That there may be deducted from the amount payable to Contractor by the City
under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar
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day during which such person was discriminated against or intimidated in violation of the
provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all monies
due or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement.
C. Both City and Contractor agree to comply with all applicable Americans with Disability
Act (ADA) requirements and Title VI Civil Rights Act non-discrimination requirements.
D. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION X. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or
agents of the same from all liability for negligence which may arise in the course of Contractor's
performance of its obligations pursuant to this Agreement.
SECTION XI. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other party. It' shall be
controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It
constitutes the entire Agreement between the parties, although it may be altered or amended in
whole or in part at any time by filing with the Agreement a written instrument setting forth such
changes signed by both parties.
This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising
under this Contract, if any, must be filed in said courts. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in said
Courts.
Any person executing this Contract in a representative capacity hereby warrants that he has been
duly authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages
or remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of
this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit
is filed.
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In the event that an ambiguity or question of intent or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption
or burden of proof shall arise favoring or disfavoring any parry by virtue of the authorship of any
of the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
Jonathan Meade, President
Date:
I// Z ZOZl
"CONTRACTOR"
MILLER EQUIPMENT
2476 W. State Road 46
Greensburg, IN 47240
Printed: 51 "z'ri i ,-;/7,1Z.,
APPROVED: i Title:
'I�vtd .Snow, a o
Date: O/ i v o2 Date: 2�
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Summary of,lteniized'Proposal
Updated 101 /22
Richmond Municipal Airport
Attn: Richmond Board of Aviation Commissioners
Procurement of Snow Removal Multi -Tasking Equipment (MTE) with High -Speed .Rotary Plow, Snow Plow,
and Rotary Broom Attachments
Item No.
Item Description Unit
Quanti
Unit Price Amount
A. 1.
MultkTasking E ui ment MTE) Power Unit Ea.,
1
266,491.00 266,491:00
A.2.
Snow Blower Attachment Ea.
1
6,988:00 6,988:00
A.3.
Rotary'13mom Attachment Ea,
1
25,782:00 25,782:00
A.4
Hydraulic Powered Exteridable Snow'PlowlBlade Ea,
1
24160425 24,604:25.
Total Bid
323`.865.25
FEDERAL PROVISIONS
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Table of Contents
ACCESS TO RECORDS AND REPORTS......................................................................................11
AFFIRMATIVE ACTION REQUIREMENT..................................................................................
1
BREACHOF CONTRACT TERMS................................................................................................
2
BUYAMERICAN PREFERENCE..................................................................................................
2
CIVILRIGHTS - GENERAL...........................................................................................................
5
CIVIL RIGHTS —TITLE VI ASSURANCE....................................................................................
5
CLEAN AIR AND WATER POLLUTION CONTROL..................................................................
7
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS ...............
7
COPELAND "ANTI -KICKBACK" ACT........................................................................................
8
DAVIS-BACON REQUIREMENTS...............................................................................................
8
DEBARMENT AND SUSPENSION.............................................................................................
13
DISADVANTAGED BUSINESS ENTERPRISE..........................................................................
14
DISTRACTEDDRIVING..............................................................................................................
15
ENERGY CONSERVATION REQUIREMENTS.........................................................................
15
DRUG FREE WORKPLACE REQUIREMENTS.........................................................................
15
EQUAL EMPLOYEMENT OPPORTUNITY (EEO)....................................................................
15
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) ......................
21
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES ...................................................
21
PROHIBITION of SEGREGATED FACILITIES..........................................................................
22
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970.......................................................
22
PROCUREMENT OF RECOVERED MATERIALS....................................................................
22
RIGHT TO INVENTIONS.............................................................................................................
23
TAX DELINQUENCY AND FELONY CONVICTIONS.............................................................
23
TERMINATION OF CONTRACT.................................................................................................
24
TRADE RESTRICTION CERTIFICATION.................................................................................
25
VETERAN'S PREFERENCE.........................................................................................................
26
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1. ACCESS TO RECORDS AND REPORTS
(References: 2 CFR § 200.333, 2 CFR § 200.336, FAA Order 5100.38)
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the
Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of
their duly authorized representatives access to any books, documents, papers and records ofthe Contractor
which are directly pertinent to the specific contract for the purpose ofmaking 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.
2. AFFIRMATIVE ACTION REQUIREMENT
(References: 41 CFR part 60-4, Executive Order 11246)
1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard
Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for the
Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Timetables
Goals for minority participation for each trade: 12.5%
Goals for female participation in each trade: 6.9%
These goals are applicable to all of the Contractor's construction work (whether or not it is Federal or
federally assisted) performed in the covered area. If the Contractor performs construction work in a
geographical area located outside of the covered area, it shall apply the goals established for such
geographical area where the work is actually performed. With regard to this second area, the Contractor
also is subject to the goals for both its federally involved and non -federally involved construction.
The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 604 shall be
based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations
required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of
minority and female employment and training must be substantially uniform throughout the length of the
contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and
women evenly on each of its projects. The transfer of minority or female employees or trainees from
Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals
shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 604.
Compliance with the goals will be measured against the total work hours performed.
3. The Contractor shall provide written notification to the Director of the Office of Federal Contract
Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in
excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The
notification shall list the name, address, and telephone number of the subcontractor; employer
identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting
and completion dates of the subcontract; and the geographical area in which the subcontract is to be
performed.
Federal Provisions (Issued 06/19/2018) FP-1
3. BREACH OF CONTRACT TERMS
(References: 2 CFR § 200 Appendix H(A))
Any violation or breach of terms of this contract on the part of the Contractor or its subcontractors may
result in the suspension of termination ofthis contract or such other action that may be necessary to enforce
the rights of the parties of this agreement.
Owner will provide Contractor written notice that describes the nature of the breach and corrective actions
the Contractor must undertake in order to avoid termination of the contract. Owner reserves the right to
withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to
terminate the contract. The Owner's notice will identify a specific date by which the Contractor must
correct the breach. Owner may proceed with termination of the contract if the Contractor fails to correct
the breach by the deadline indicated in the Owner's notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies available
thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise
imposed or available by law.
4. BUY AMERICAN PREFERENCE
(References: Title 49 USC § 50 10 1)
The Contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be
obligated unless all steel and manufactured goods used in AIP funded projects are produced in the United
States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed
as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is
included in the FAA Nationwide Buy American Waivers Issued list.
A bidder or offeror must complete and submit the Buy America certification included herein with their bid
or offer. The Owner will reject as nonresponsive any bid or offer that does not include a completed
Certificate of Buy American Compliance.
Federal Provisions (Issued 06/19/2018) FP-2
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CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR MANUFACTURED PRODUCTS
As a matter ofbid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification
statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC
§ 50101 by selecting one on the following certification statements. These statements are mutually exclusive.
Bidder must select one or the other (not both) by inserting a checkmark (✓) or the letter' X'.
❑ Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by:
a) Only installing steel and manufactured products produced in the United States;
b) Installing manufactured products for which the Federal Aviation Administration (FAA) has
issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers
Issued listing; or
c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition
Regulation Subpart 25.108.
By selecting this certification statement, the bidder or offeror agrees:
1. To provide to the Owner evidence that documents the source and origin of the steel and
manufactured product.
2. To faithfully comply with providing U.S. domestic product.
3. To furnish U.S. domestic product for any waiver request that the FAA rejects
4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating
circumstances emerge that the FAA determines justified.
❑ The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American Preferences
of 49 USC § 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 50101(b).
By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees:
1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request
and required documentation that supports the type of waiver being requested.
2. That failure to submit the required documentation within the specified timeframe is cause for a
non -responsive determination may result in rejection of the proposal.
3. To faithfully comply with providing U.S. domestic products at or above the approved U.S.
domestic content percentage as approved by the FAA.
4. To refrain from seeking a waiver request after establishment of the contract, unless
extenuating circumstances emerge that the FAA determines justified.
Required Documentation
Type 3 Waiver —The cost ofthe item components and subcomponents produced in the United States is more
that 60 percent of the cost of all components and subcomponents of the "item". The required documentation
for a Type 3 waiver is:
a) Listing of all product components and subcomponents that are not comprised of 100 percent U.S.
domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued
listing and products excluded by Federal Acquisition Regulation Subpart 25.108; products of
unknown origin must be considered as non -domestic products in their entirety).
b) Cost ofnon-domestic components and subcomponents, excluding labor costs associated with final
assembly at place of manufacture.
c) Percentage of non -domestic component and subcomponent cost as compared to total "item"
component and subcomponent costs, excluding labor costs associated with final assembly at place
of manufacture.
Federal Provisions (Issued 06/19/2018)
FP-3
Type 4 Waiver —Total cost of project using U.S. domestic source product exceeds the total project cost using
non -domestic product by 25 percent. The required documentation for a Type 4 of waiver is:
a) Detailed cost information for total project using U.S. domestic product
b) Detailed cost information for total project using non -domestic product
False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the
Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the
maker subject to prosecution under Title 18, United States Code.
Date
Company Name
Federal Provisions (Issued 06/19/2018)
Signature
Title
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5. CIVIL RIGHTS - GENERAL
(References: 49 USC § 47123)
The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are
promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age,
or disability be excluded from participating in any activity conducted with or benefiting from Federal
assistance.
This provision binds the Contractor and subcontractors from the bid solicitation period through the
completion ofthe contract. This provision is in addition to that required by Title VI ofthe Civil Rights Act
of 1964.
6. CIVIL RIGHTS — TITLE VI ASSURANCE
(References: 49 USC § 47123, FAA Order 1400.11)
The Airport Authority, in accordance with the provisions of Title VI of the Civil Rights Act
of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d4) and the Regulations, hereby notifies all bidders or
offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, [select
disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be
afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS
During the performance of this contract, the Contractor, for itself; its assignees, and successors in interest
(hereinafter referred to as the "Contractor"), agrees as follows:
I. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with
the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from
time to time, which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will
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 will not
participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and
Authorities, including employment practices when the contract covers any activity, project, or program
set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding or negotiation made by the Contractor for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Contractor of the contractor's obligations
under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or
national origin.
4. Information and Reports: The Contractor will provide all information and reports required by the
Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the sponsor
or the Federal Aviation Administration to be pertinent to ascertain compliance with such
Nondiscrimination Acts and Authorities and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish the information, the
Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and
will set forth what efforts it has made to obtain the information.
Federal Provisions (Issued 06/19/2018) FP-5
5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non-
discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the
Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a) Withholding payments to the Contractor under the contract until the Contractor complies;
and/or
b) Cancelling, terminating, or suspending a contract, in whole or in part
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through
six in every subcontract, including procurements of materials and leases of equipment, unless exempt
by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action
with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration
may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,
that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the Contractor may request the sponsor to enter into any litigation
to protect the interests of the sponsor. In addition, the Contractor may request the United States to
enter into the litigation to protect the interests of the United States.
TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES
During the performance of this contract, the Contractor, for itself its assignees, and successors in interest
(hereinafter referred to as the "Contractor') agrees to comply with the following non-discrimination
statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d el seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination in Federally -assisted programs of the Department of
Transportation —Effectuation ofTitle VI ofthe Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC
§ 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal -aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits
discrimination on the basis of disability); and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and
applicability of Title VI ofthe Civil Rights Act of 1964, the Age Discrimination Act of 1975 and
Section 504 ofthe Rehabilitation Act of 1973, by expanding the definition ofthe terms "programs
or activities" to include all ofthe programs or activities ofthe Federal -aid recipients, sub -recipients
and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III ofthe Americans with Disabilities Act of 1990, which prohibit discrimination on
the basis of disability in the operation ofpublic entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 USC §§ 12131 — 12189) as
implemented by U.S. Department ofTransportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits
discrimination on time basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures nondiscrimination against minority
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populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 USC 1681 et seq).
7. CLEAN AIR AND WATER POLLUTION CONTROL
(References: 2 CFR § 200, Appendix II(G))
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the
Clean Air Act (42 USC § 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC
§ 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery.
The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the
Federal Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000
8. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
(References: 2 CFR § 200, Appendix II(E))
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or involve
the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including
watchmen and guards, in any workweek in which he or she is employed on such work to work in excess
of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the District
of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $10 for
each calendar day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause set forth in
paragraph (1) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written request
of an authorized representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or subcontractor under any such contract
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or any other Federal contract with the same prime contractor, or any other federally assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2)
of this clause.
4. Subcontractors.
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1)
through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.
9. COPELAND "ANTI -KICKBACK" ACT
(References: 2 CFR § 200, Appendix II(D), 29 CFR Parts 3 and 5)
Contractor must comply with the requirements of the Copeland "Anti -Kickback" Act (18 USC 874 and 40
USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and
subcontractors are prohibited from inducing, by any means, any person employed on the project to give
up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor
must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered
work during the prior week. Owner must report any violations of the Act to the Federal Aviation
Administration.
10. DAVIS-BACON REQUIREMENTS
(References: 2 CFR § 200, Appendix II(D), 29 CFR Part 5)
1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally
and not less often than once a week, and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part
3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of
payment computed at rates not less than those contained in the wage determination of the Secretary of
Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which
may be alleged to exist between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section l(b)(2) of
the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made
or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be constructively made or incurred
during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe
benefits on the wage detemrination for the classification of work actually performed, without regard to
skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than
one classification may be compensated at the rate specified for each classification for die time actually
worked therein: Provided that the employer's payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination (including any additional classification
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and wage rates conformed under (1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be
posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and
accessible place where it can easily be seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The contracting officer shall approve an additional
classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the'
wage determination;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage deternination.
(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and the contracting officer agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the
contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification action within 30 days
of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits where appropriate), the contracting officer shall refer
the questions, including the views of all interested parties and the recommendation of the contracting
officer, to die Administrator for determination. The Administrator, or an authorized representative, will
issue a determination within 30 days ofreceipt and so advise the contracting officer
or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs
(1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under
this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay die benefit
as stated in the wage detemunation or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated
in providing bona fide fringe benefits under a plan or program: Provided that the Secretary of Labor has
found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act
have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program.
2. Withholding.
The Federal Aviation Administration or the sponsor shall upon its own action or upon written request of
an authorized representative of the Department of Labor withhold or cause to be withheld from the
Contractor under this contract or any other Federal contract with the same prime contractor, or any other
federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the
same prime contractor, so much of the accrued payments or advances as may be considered necessary to
pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or
any subcontractor the full amount of wages required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work,
all or part of the wages required by the contract, the Federal Aviation Administration may, after written
notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of
the work and preserved for a period ofthree years thereafter for all laborers and mechanics working at the
site of the work. Such records shall contain the name, address, and social security number of each such
worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in
l(b)(2)(B) of the Davis -Bacon Act); daily and weekly number of hours worked; deductions made; and
actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages
of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits
under a plan or program described in section I(b)(2)(B) of the Davis -Baron Act, the Contractor shall
maintain records that show that the commitment to provide such benefits is enforceable, that the plan or
program is financially responsible, and that the plan or program has been communicated in writing to the
laborers or mechanics affected, and that show the costs anticipated or the actual costs incurred in providing
such benefits. Contractors employing apprentices or trainees under approved programs shall maintain
written evidence of the registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
(ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy
of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the
agency is not such a party, the Contractor will submit the payrolls to the applicant, Sponsor, or Owner, as
the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set
out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i),
except that full social security numbers and home addresses shall not be included on weekly transmittals.
Instead the payrolls shall only need to include an individually identifying number for each employee (e.g.
the last four digits of the employee's social security number). The required weekly payroll information
may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage
and Hour Division Web site at wrviv.dof.govfwhd/jormsAvh3471nsir.inm or its successor site. The prime
contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and current address of each covered worker
and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the
contract, but if the agency is not such a party, the Contractor will submit them to the applicant, sponsor, or
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Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or
the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of
compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor
to require a subcontractor to provide addresses and social security numbers to the prime contractor for its
own records, without weekly submission to the sponsoring government agency (or the applicant, Sponsor,
or Owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) The payroll for the payroll period contains the information required to be provided under 29 CFR §
5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such
information is correct and complete;
(2) Each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made either directly or indirectly from the full wages earned,
other than permissible deductions as set forth in Regulations 29 CFR Part 3;
(3) Each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work perforated, as specified in the applicable wage determination
incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by
paragraph (3)(ii)(B) ofthis section. .
(D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil
or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States
Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section
available for inspection, copying, or transcription by authorized representatives ofthe sponsor, the Federal
Aviation Administration, or the Department of Labor and shall permit such representatives to interview
employees during working hours on the job.
Ifthe Contractor or subcontractor fails to submit the required records or to make them available, the Federal
agency may, after written notice to the Contractor, Sponsor, applicant, or Owner, take such action as may
be necessary to cause fire suspension of any further payment, advance, or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they
performed when they are employed pursuant to and individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau
of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a
person is employed in his or her first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but who has been certified by
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the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen
on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to
the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage
rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable
wage rate on the wage determination for the classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determination for the work actually
performed. Where a contractor is performing construction on a project in a locality other than that in which
its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly
rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every
apprentice must be paid at not less than the rate specified in the registered program for the apprentice's
level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must
be paid the full amount of fringe benefits listed on the wage determination for the applicable classification.
If the Administrator determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the event the Bureau of
Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws
approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at
less than the applicable predetermined rate for the work performed until an acceptable program is
approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on
the job site shall not be greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the approved program for
the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fiinge benefits in accordance with the provisions of
the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate that is not registered and participating in a training plan
approved by the Employment and Training Administration shall be paid not less than fire applicable wage
rate on the wage determination for the classification of work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage determination for the work actually performed. In the
event the Employment and Training Administration withdraws approval of a training program, the
Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this
part shall be in conformitywith the equal employment opportunity requirements of Executive Order 11246,
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as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference
in this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part
5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate
instructions require, and also a clause requiring the subcontractors to include these clauses in any lower
tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or
lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.
7. Contract Termination: Debarment.
A breach ofthe contract clauses in paragraph 1 through 10 of this section may be grounds for termination
ofthe contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
S. Compliance with Davis -Bacon and Related Act Requirements.
All rulings and interpretations ofthe Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5
are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject to the general
disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures ofthe
Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause
include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their representatives.
10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or
firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government
contracts by virtue of section 3(a) ofthe Davis -Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) ofthe Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001
11. DEBARMENT AND SUSPENSION
(References: 2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5)
CERTIFICATION OF OFFERER/BIDDER REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its
principals are presently debarred or suspended by any Federal department or agency from participation in
this transaction.
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT
The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered
transaction", must verify each lower tier participant of a "covered transaction" under the project is not
presently debarred or otherwise disqualified from participation in this federally assisted project. The
successful bidder will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding
Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a
higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the
FAA may pursue any available remedies, including suspension and debarment of the non -compliant
participant.
12. DISADVANTAGED BUSINESS ENTERPRISE
(References: 49 CFR part 26)
The Owner's award of this contract is conditioned upon Bidder or Offeror satisfying the good faith effort
requirements of 49 CFR §26.53.
The successful Bidder or Offeror must provide written confirmation of participation from each ofthe DBE
firms the Bidder or Offeror lists in its commitment within five days after bid opening.
1) The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in
the contract;
2) A description ofthe work that each DBE firm will perform;
3) The dollar amount ofthe participation of each DBE firm listed under (1)
4) Written statement from Bidder or Offeror that attests their commitment to use the DBE firm(s) listed
under (1) to meet the Owner's project goal; and
5) If Bidder or Offeror cannot meet the advertised project DBE goal, evidence of good faith efforts
undertaken by the Bidder or Offeror as described in appendix A to 49 CFR part 26.
DISADVANTAGED BUSINESS ENTERPRISES
Contract Assurance (§ 26.13) —
The Contractor or subcontractor shall not discriminate on the basis ofrace, 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 Department ofTransportation-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 Owner deems appropriate, which may
include, but is not limited to:
a. Withholding monthly progress payments;
b. Assessing sanctions;
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c. Liquidated damages; and/or
d. Disqualifying the Contractor from future bidding as non -responsible.
Prompt Payment (§26.29) — The prime contractor agrees to pay each subcontractor under this prime
contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment
the prime contractor receives from the Airport Authority. 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 Airport Authority. This
clause applies to both DBE and non -DBE subcontractors.
13. DISTRACTED DRIVING
(References: Executive Order 13513, DOT Order 3902.10)
TEXTING WHEN DRIVING
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While
Driving", (1011/2009) and DOT Order 3902.10, "Text Messaging While Driving", (12/30/2009), the
Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety
policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving
when performing work related to a grant or subgrant.
In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its
employees and other work personnel that decrease crashes by distracted drivers, including policies that
ban text messaging while driving motor vehicles while performing work activities associated with the
project. The Contractor must include the substance ofthis clause in all sub -tier contracts exceeding $3,500
that involve driving a motor vehicle in performance of work activities associated with the project.
14. ENERGY CONSERVATION REQUIREMENTS
(References: 2 CFR § 200, Appendix II(H))
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy
efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (42 USC 620let seg).
15. DRUG FREE WORKPLACE REQUIREMENTS
(References: 49 CFR part 32, Drug -Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as
amended))
The Drug -Free Workplace Act of 1988 requires some Federal contractors and a// Federal grantees to agree
that they will provide drug -free workplaces as a condition of receiving a contract or grant from a Federal
agency. The Act does not apply to contractors, subcontractors, or subgrantees, although the Federal
grantees workplace may be where the contractors, subcontractors, or subgrantees are working.
16. EQUAL EMPLOYE MENT OPPORTUNITY (EEO)
(References: 2 CFR 200, Appendix II(C), 41 CFR § 60-1.4, 41 CFR § 60-4.3, Executive Order
11246)
During the performance of this contract, the Contractor agrees as follows:
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(1) The Contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to their race,
color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates ofpay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive considerations for employment without regard to
race, color, religion, sex, or national origin.10,
(3) The Contractor will send to each labor union or representative ofworkers with which it has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the Contractor's commitments under this section and shall post copies
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of the notice in conspicuous places available to employees and applicants for employment.
(4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and
of the rules, regulations, and relevant orders of the Secretary of Labor.
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(5) The Contractor will furnish all information and reports required by Executive Order 11246 of
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September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,
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and will permit access to his books, records, and accounts by the administering agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or
with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended
in whole or in part and the Contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided
I l t I
in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order ofthe Secretary of Labor,
or as otherwise provided by law.
(7) The Contractor will include the portion of the sentence immediately preceding paragraph (I) and the
provisions ofparagraphs (1) through (7) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246
of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such 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 vendor as a result of such direction by the administering agency the Contractor may
request the United States to enter into such litigation to protect the interests of the United States.
Federal Provisions (Issued 06/19/2018) FP-16
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from which this contract
resulted;
b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S.
Department of Labor, or any person to whom the Director delegates authority;
c. "Employer identification number" means the Federal social security number used on the
Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941;
d. "Minority" includes:
(1) Black (all persons having origins in any ofthe Black African racial groups not of Hispanic
origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other
Spanish culture or origin regardless ofrace);
(3) Asian and Pacific Islander (all persons having origins in any ofthe original peoples ofthe
Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
(4) American Indian or Alaskan native (all persons having origins in any ofthe original peoples
of North America and maintaining identifiable tribal affiliations through membership and
participation or community identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion ofthe work involving
any construction trade, it shall physically include in each subcontract in excess of$10,000 the provisions
of these specifications and the Notice which contains the applicable goals for minority and female
participation and which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan approved by the
U.S. Department of Labor in the covered area either individually or through an association, its affirmative
action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with
that Plan for those trades which have unions participating in the Plan. Contractors shall be able to
demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each
contractor or subcontractor participating in an approved plan is individually required to comply with its
obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in
each trade in which it has employees. The overall good faith performance by other contractors or
subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or
subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a
through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted
are expressed as percentages of the total hours of employment and training of minority and female
utilization the Contractor should reasonably be able to achieve in each construction trade in which it has
employees in the covered area. Covered construction contractors performing construction work in a
geographical area where they do not have a Federal or federally assisted construction contract shall apply
the minority and female goals established for the geographical area where the work is being perforated.
Goals are published periodically in the Federal Register in notice form, and such notices may be obtained
Federal Provisions (Issued 06/19/2018) FP-17
from any Office ofFederal Contract Compliance Programs office or from Federal procurement contracting
officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each
craft during the period specified.
5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the
Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the
Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated
pursuant thereto.
6. In order for the non -working training hours of apprentices and trainees to be counted in meeting the
goals, such apprentices and trainees shall be employed by the Contractor during the training period and
the Contractor shall have made a commitment to employ the apprentices and trainees at the completion of
their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant
to training programs approved by the U.S. Department of Labor. ,
7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The
evaluation ofthe Contractor's compliance with these specifications shall be based upon its effort to achieve
maximum results from its actions. The Contractor shall document these efforts fully and shall implement
affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all
sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor,
where possible, will assign two or more women to each construction project. The Contractor shall
specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware
of and carry out the Contractor's obligation to maintain such a working environment, with specific
attention to minority or female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide written
notification to minority and female recruitment sources and to community organizations when the
Contractor or its unions have employment opportunities available, and maintain a record of the
organizations' responses.
c. Maintain a current file ofthe names, addresses, and telephone numbers of each minority and female
off -the -street applicant and minority or female referral from a union, a recruitment source, or
community organization and of what action was taken with respect to each such individual. If such
individual was sent to the union hiring hall for referral and was not referred back to the Contractor by
the union or, ifreferred, not employed by the Contractor, this shall be documented in the file with the
reason therefore along with whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with which the
Contractor has a collective bargaining agreement has not referred to the Contractor a minority person
or female sent by the Contractor, or when the Contractor has other information that the union referral
process has impeded the Contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which
expressly include minorities and women, including upgrading programs and apprenticeship and trainee
programs relevant to the Contractor's employment needs, especially those programs funded or
approved by the Department of Labor. The Contractor shall provide notice of these programs to the
sources compiled under 7b above.
Federal Provisions (Issued 06/19/2018) FP-18
f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training
programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations;
by including it in any policy manual and collective bargaining agreement; by publicizing it in the
company newspaper, annual report, etc.; by specific review of the policy with all management
personnel and with all minority and female employees at least once a year; and by posting the company
EEO policy on bulletin boards accessible to all employees at each location where construction work
is performed.
g. Review, at least annually, the company's EEO policy and affirmative action obligations under these
specifications with all employees having any responsibility for hiring, assignment, layoff, termination,
or other employment decisions, including specific review of these items, with onsite supervisory
personnel such superintendents, general foremen, etc., prior to the initiation of construction work at
any job site. A written record shall be made and maintained identifying the time and place of these
meetings, persons attending, subject matter discussed, and disposition of the subject matter.
h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news
media, specifically including minority and female news media, and providing written notification to
and discussing the Contractor's EEO policy with other contractors and subcontractors with whom the
Contractor does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female, and community
organizations, to schools with minority and female students; and to minority and female recruitment
and training organizations serving the Contractor's recruitment area and employment needs. Not later
than one month prior to the date for the acceptance of applications for apprenticeship or other training
by any recruitment source, the Contractor shall send written notification to organizations, such as the
above, describing the openings, screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and women and,
where reasonable, provide after school, summer, and vacation employment to minority and female
youth both on the site and in other areas of a contractor's workforce.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41
CFR part 60-3.
1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel,
for promotional opportunities and encourage these employees to seek or to prepare for, through
appropriate training, etc., such opportunities.
in. Ensure that seniority practices, job classifications, work assignments, and other personnel practices
do not have a discriminatory effect by continually monitoring all personnel and employment related
activities to ensure that the EEO policy and the Contractor's obligations under these specifications are
being carried out.
n. Ensure that all facilities and company activities are non -segregated except that separate or single
user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and
female construction contractors and suppliers, including circulation of solicitations to minority and
female contractor associations and other business associations.
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p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the
Contractor's EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more
of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint
contractor union, contractor community, or other similar groups of which the Contractor is a member and
participant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these
specifications provided that the Contractor actively participates in the group, makes every effort to assure
that the group has a positive impact on the employment of minorities and women in the industry, ensures
that the concrete benefits of the program are reflected in the Contractor's minority and female workforce
participation, makes a good faith effort to meet its individual goals and timetables, and can provide access
to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The
obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall
—
not be a defense for the Contractor's noncompliance.
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9. A single goal for minorities and a separate single goal for women have been established. The
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Contractor, however, is required to provide equal employment opportunity and to take affirmative action
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for all minority groups, both male and female, and all women, both minority and non -minority.
Consequently, if the particular group is employed in a substantially disparate manner (for example, even
I
though the Contractor has achieved its goals for women generally), the Contractor may be in violation of
the Executive Order if a specific minority group of women is underutilized.
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10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate
against any person because of race, color, religion, sex, or national origin.
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11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government
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contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation ofthese specifications and of
the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts
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as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing
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regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out
such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as
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amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific
affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these
specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity.
If the Contractor fails to comply with the requirements of the Executive Order, the implementing
regulations, or these specifications, the Director shall proceed in accordance with 41 CFR part 604.8.
14. The Contractor shall designate a responsible official to monitor all employment related activity to
ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof
as may be required by the Goverment, and to keep records. Records shall at least include for each
employee, the name, address, telephone number, construction trade, union affiliation if any, employee
identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice,
trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate
of pay, and locations at which the work was performed. Records shall be maintained in an easily
Federal Provisions (Issued 06/19/2018) FP-20
understandable and retrievable form; however, to the degree that existing records satisfy this requirement,
contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which
establish different standards of compliance or upon the application of requirements for the hiring of local
or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community
Development Block Grant Program).
17. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
(References: 29 USC § 201, et seq)
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of
29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given
in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for
full and part-time workers.
The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The
Contractor must address any claims or disputes that arise from this requirement directly with the U.S.
Department of Labor — Wage and Hour Division.
18. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
(References: 31 USC § 1352 —Byrd Anti -Lobbying Amendment, 2 CFR part 200, Appendix II(.i),
49 CFR part 20, Appendix A)
CERTIFICATION REGARDING LOBBYING
The Bidder or Offeror certifies by signing and submitting this bid or proposal, 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 Bidder or
Offeror, to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, of 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 undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
19. PROHIBITION of SEGREGATED FACILITIES
(References: 41 CFR § 60)
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments, and that it does not and will not pemtit its employees
to perform their services at any location under its control where segregated facilities are maintained.
The Contractor agrees that a breach of this clause is a violation ofthe Equal Employment Opportunity
clause in this contract.
(b) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms
and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or
dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and
housing facilities provided for employees that are segregated by explicit directive or are in fact
segregated on the basis ofrace, color, religion, sex, or national origin because ofwritten or oral policies
or employee custom. The term does not include separate or single -user rest rooms or necessary
dressing or sleeping areas provided to assure privacy between the sexes.
(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to
the Equal Employment Opportunity clause of this contract.
20. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
(References: 29 CFR part 1910)
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements
of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a
work environment that is free from recognized hazards that may cause death or serious physical harm to
the employee. The employer retains full responsibility to monitor its compliance and their subcontractor's
compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR
Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement
directly with the U.S. Department of Labor — Occupational Safety and Health Administration.
21. PROCUREMENT OF RECOVERED MATERIALS
(References: 2 CFR § 200.322, 40 CFR part 247, Solid Waste Disposal Act)
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part
247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors
are to use products containing the highest percentage of recovered materials for items designated by the
Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year;
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2) The contractor has procured $10,000 or more of a designated item using Federal funding during
the previous fiscal year.
The list of EPA -designated items is available at www.epa.gov/smnVoomprehensive-procarement-
guidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA -designated products if the
contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract
performance schedule;
b) Fails to meet reasonable contract performance requirements; or
c) Is only available at an unreasonable price.
22. RIGHT TO INVENTIONS
(References: 2 CFR § 200, Appendix II(F), 37 CFR §401)
Contracts or agreements that include the performance of experimental, developmental, or research work
must provide for the rights of the Federal Government and the Owner in any resulting invention as
established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small
Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract
incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14. Contractor
must include this requirement in all sub -tier contracts involving experimental, developmental, or research
work.
23. TAX DELINQUENCY AND FELONY CONVICTIONS
(References: Sections 415 and 416 of Title IV, Division L of the Consolidated Appropriations
Act, 2014 (Pub. L. 113-76), and similar provisions in subsequent appropriations acts, DOT Order
4200.6 - Requirements for Procurement and Non -Procurement Regarding Tax Delinquency and
Felony Convictions)
CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND
FELONY CONVICTIONS
The applicant must complete the following two certification statements. The applicant must indicate its
current status as it relates to tax delinquency and felony conviction by inserting a checkmark (✓) in the
space following the applicable response. The applicant agrees that, if awarded a contract resulting from
this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.
Certifications
1) The applicant represents that it is ( I ) is not (>>'I) a corporation that has any unpaid Federal tax
liability that has been assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
2) The applicant represents that it is O is not (` € ) is not a corporation that was convicted of a
criminal violation under any Federal law within the preceding 24 months.
Note
If an applicant responds in the affirmative to either ofthe above representations, the applicant is ineligible
Federal Provisions (Issued 06/19/2018) FP-23
to receive an award unless the sponsor has received notification from the agency suspension and debarment
official (SDO) that the SDO has considered suspension or debarment and determined that further action is
not required to protect the Government's interests. The applicant therefore must provide information to
the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District
Office, which will then notify the agency's SDO to facilitate completion of the required considerations
before award decisions are made.
Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twenty four (24) months
of a felony criminal violation under any Federal law and includes conviction of an offense defined in a
section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that
is classified as a felony under 18 U.S.C. § 3559.
Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which
all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in
a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
24. TERMINATION OF CONTRACT
(References: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09)
TERMINATION FOR CONVENIENCE
The Owner may terminate this contract in whole or in part at any time by providing written notice to the
Contractor. Such action may be without cause and without prejudice to any other right or remedy of
Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the
Contractor shall immediately proceed with the following obligations regardless of any delay in determining
or adjusting amounts due under this clause:
1. Contractor must immediately discontinue work as specified in the written notice.
2. Terminate all subcontracts to the extent they relate to the work terminated under the notice.
3. Discontinue orders for materials and services except as directed by the written notice.
4. Deliver to the Owner all fabricated and partially fabricated parts, completed and partially
completed work, supplies, equipment and materials acquired prior to termination of the work, and
as directed in the written notice.
5. Complete performance of the work not terminated by the notice.
6. Take action as directed by the Owner to protect and preserve property and work related to this
contract that Owner will take possession.
Owner agrees to pay Contractor for:
1) completed and acceptable work executed in accordance with the contract documents prior to the
effective date oftermination;
2) documented expenses sustained prior to the effective date of termination in performing work and
furnishing labor, materials, or equipment as required by the contract documents in connection with
uncompleted work;
3) reasonable and substantiated claims, costs, and damages incurred in settlement of terminated
contracts with Subcontractors and Suppliers; and
4) reasonable and substantiated expenses to the Contractor directly attributable to Owner's
termination action.
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Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out
of or resulting from the Owner's termination action.
The rights and remedies this clause provides are in addition to any other rights and remedies provided by
law or under this contract.
TERMINATION FOR DEFAULT
Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions, rights, and remedies
associated with Owner termination of this contract due to default ofthe Contractor.
25. TRADE RESTRICTION CERTIFICATION
(References: 49 USC § 50104, 49 CFR part 30)
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant
contract, the Offeror —
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. firths as published by the Office ofthe 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 included on the list of countries that discriminate against
U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is
produced in a foreign country included on the list of countries that discriminate against U.S. firms
published by the USTR
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 USC Section 1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor
teams that its certification or that of a subcontractor was erroneous when submitted or has become
erroneous by reason of changed circumstances. The Contractor must require subcontractors provide
immediate written notice to the Contractor if at any time it learns that its certification was erroneous by
reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49
CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on
the list of countries that discriminate against U.S. firms published by the USTR or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign
country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render, in good faith, the certification required by this provision. The knowledge and information
of a contractor is not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this
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provision for certification without modification in all lower tier subcontracts. The Contractor may rely on
the certification of a prospective subcontractor that it is not a firm from a foreign country included on the
list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has
knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an
award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous
certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation ofthe
contract or subcontract for default at no cost to the Owner or the FAA.
26. VETERAN'S PREFERENCE
(References: 49 USC § 47112(c))
In the employment of labor (excluding executive, administrative, and supervisory positions), the
Contractor and all sub-fier contractors must give preference to covered veterans as defined within Title 49
United States Code Section 47112. Covered veterans include Vietnam -era veterans, Persian Gulfveterans,
Afghanistan -Iraq warveterans, disabled veterans, and small business concerns (as defined by 15 USC 632)
owned and controlled by disabled veterans. This preference only applies when there are covered veterans
readily available and qualified to perform the work to which the employment relates.
Federal Provisions (Issued 06/19/2018) FP-26
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PART 1 - GENERAL PROVISIONS
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Part 1— General Contract Provisions
Section 10 Definition of Terms
When the following terms are used in these specifications, in the contract, or in any documents or other
instruments pertaining to construction where these specifications govern, the intent and meaning shall be
defined as follows:
Paragraph
Term
Definition
Number
10-01
AASHTO
The American Association of State Highway and Transportation
Officials.
10-02
Access Road
The right-of-way, the roadway and all improvements constructed
thereon connecting the airport to a public roadway.
10-03
Advertisement
A public announcement, as required by local law, inviting bids
for work to be performed and materials to be furnished.
10-04
Airport
Airport means an area of land or water which is used or intended
to be used for the landing and takeoff of aircraft; an appurtenant
area used or intended to be used for airport buildings or other
airport facilities or rights of way; airport buildings and facilities
located in any of these areas, and a heliport.
10-OS
Airport Improvement
A grant-in-aid program, administered by the Federal Aviation
Program (AIP)
Administration (FAA).
10-06
Air Operations Area
The term air operations area (AOA) shall mean any area of the
(AOA)
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.
10-07
Apron
Area where aircraft are parked, unloaded or loaded, fueled and/or
serviced.
10-08
ASTM International
Formerly known as the American Society for Testing and
(ASTM)
Materials (ASTM).
10-09
Award
The Owner's notice to the successful bidder of the acceptance of
the submitted bid.
10-10
Bidder
Any individual, partnership, firm, or corporation, acting directly
or through a duly authorized representative, who submits a
proposal for the work contemplated.
Section 10 Definition of Terms
Paragraph
Term
Dermition
Number
10-I1
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.
10-12
Calendar Day
Every day shown on the calendar.
10-13
Certificate of Analysis
The COA is the manufacturer's Certificate of Compliance (COC)
(COA)
including all applicable test results required by the specifications.
10-14
Certificate of
The manufacturer's certification stating that materials or
Compliance (COC)
assemblies furnished fully comply with the requirements of the
contract The certificate shall be signed by the manufacturer's
authorized representative.
10-15
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 work within the
scope of the contract and necessary to complete the project
10-16
Contract
A written agreement between the Owner and the Contractor that
establishes the obligations of the parties including but not limited
to performance of work, furnishing of labor, equipment and
materials and the basis of payment.
The awarded contract includes but may not be limited to:
Advertisement, Contract form, Proposal, Performance bond,
payment bond, General provisions, certifications and
representations, Technical Specifications, Plans, Supplemental
Provisions, standards incorporated by reference and issued
addenda.
10-17
Contract Item (Pay Item)
A specific unit of work for which a price is provided in the
contract
10-18
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.
10-19
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.
10-20
Contractors Quality
The Contractor's QC facilities in accordance with the Contractor
Control (QC) Facilities
Quality Control Program (CQCP).
10-21
Contractor Quality Control
Details the methods and procedures that will be taken to assure
Program (CQCP)
that all materials and completed construction required by the
Section 10 Definition of Terms
Paragraph
Term
Del -coition
Number
contract conform to contract plans, technical specifications and
other requirements, whether manufactured by the Contractor, or
procured from subcontractors or vendors.
10-22
Control Strip
A demonstration by the Contractor that the materials, equipment,
and construction processes results in a product meeting the
requirements of the specification.
10-23
Construction Safety and
The overall plan for safety and phasing of a construction project
Phasing Plan (CSPP)
developed by the airport operator, or developed by the airport
operator's consultant and approved by the airport operator. It is
included in the invitation for bids and becomes part of the project
specifications.
10-24
Drainage System
The system of pipes, ditches, and structures by which surface or
subsurface waters are collected and conducted from the airport
area.
10-25
Engineer
The individual, partnership, firm, or corporation duly authorized
by the Owner to be responsible for engineering, inspection,
and/or observation of the contract work and acting directly or
through an authorized representative.
10-26
Equipment
All machinery, together with the necessary supplies for upkeep
and maintenance; and all tools and apparatus necessary for the
proper construction and acceptable completion of the work.
10-27
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 Owner's Engineer or Resident Project
Representative (RPR) to be necessary to complete the work
within the intended scope of the contract as previously modified.
10-28
FAA
The Federal Aviation Administration. When used to designate a
person, FAA shall mean the Administrator or their duly
authorized representative.
10-29
Federal Specifications
The federal specifications and standards, commercial item
descriptions, and supplements, amendments, and indices
prepared and issued by the General Services Administration.
10-30
Force Account
a. Contract Force Account - A method of payment that addresses
extra work performed by the Contractor on a time and material
basis.
b. Owner Force Account - Work performed for the project by the
Owner's employees.
10-31
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 prescri tion of the Engineer and/or Resident
Section 10 Definition of Terms
Paragraph
Term
Definition
Number
Project Representative (RPR) 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 and/or RPR, subject in each use 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.
10-32
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.
10-33
Major and Minor Contract
A major contract item shall be any item that is listed in the
Items
proposal, the total cost of which is equal to or greater than 20%
of the total amount of the award contract. All other items shall be
considered minor contract items.
10-34
Materials
Any substance specified for use in the construction of the
contract work.
10-35
Modification of
Any deviation from standard specifications applicable to material
Standards (MOS)
and construction methods in accordance with FAA Order 5300.1.
10-36
Notice to Proceed (NTP)
A written notice to the Contractor to begin the actual contract
work on a previously agreed to date. If applicable, the Notice to
Proceed shall state the date on which the contract time begins.
10-37
Owner
The term "Owner' shall mean the party of the first part or the
contracting agency signatory to the contract Where the term
"Owner" is capitalized in this document, it shall mean airport
Sponsor only.
10-38
Passenger Facility Charge
Per 14 Code of Federal Regulations (CFR) Part 158 and 49
(PFC)
United States Code (USC) § 40117, a PFC is a charge imposed
by a public agency on passengers enplaned at a commercial
service airport it controls.
10-39
Pavement Structure
The combined surface course, base course(s), and subbase
course(s), if any, considered as a single unit
1040
Payment bond
The approved form of security furnished by the Contractor and
their own surety as a guaranty that the Contractor will pay in full
all bills and accounts for materials and labor used in the
construction of the work.
Section 10 Definition ofTerms
Paragraph
Term
Definition'
Number
1041
Performance bond
The approved form of security furnished by the Contractor and
their own surety as a guaranty that the Contractor will complete
the work in accordance with the terms of the contract.
1042
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. Plans may also be
referred to as 'contract drawings.'
10-43
Project
The agreed scope of work for accomplishing specific airport
development with respect to a particular airport.
1044
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.
1045
Proposal guaranty
The security furnished with a proposal to guarantee that the
bidder will enter into a contract if their own proposal is accepted
by the Owner.
1046
Quality Assurance (QA)
Owner's responsibility to assure that construction work
completed complies with specifications for payment.
1047
Quality Control (QC)
Contractor's responsibility to control material(s) and
construction processes to complete construction in accordance
with project specifications.
1048
Quality Assurance (QA)
An authorized representative of the Engineer and/or Resident
Inspector
Project Representative (RPR) assigned to make all necessary
inspections, observations, tests, and/or observation of tests of the
work performed or being performed, or of the materials furnished
or being furnished by the Contractor.
1049
Quality Assurance (QA)
The official quality assurance testing laboratories of the Owner
Laboratory
or such other laboratories as may be designated by the Engineer
or RPR. May also be referred to as Engineer's, Owner's, or QA
Laboratory.
10-50
Resident Project
The individual, partnership, firm, or corporation duly authorized
Representative (RPR)
by the Owner to be responsible for all necessary inspections,
observations, tests, and/or observations of tests of the contract
work performed or being performed, or of the materials furnished
or being furnished by the Contractor, and acting directly or
through an authorized representative.
10-51
Runway
The area on the airport prepared for the landing and takeoff of
aircraft.
Section 10 Definition of Terns
Paragraph
Term
Definition
Number
10-52
Runway Safety Area (RSA)
. A defined surface surrounding the runway prepared or suitable
for reducing the risk of damage to aircraft. See the construction
safety and phasing plan (CSPP) for limits of the RSA.
10-53
Safety Plan Compliance
Details how the Contractor will comply with the CSPP.
Document (SPCD)
10-54
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.
10-55
Sponsor
A Sponsor is defined in 49 USC § 47102(24) as a public agency
that submits to the FAA for an AIP grant; or a private Owner of a
public -use airport that submits to the FAA an application for an
AIP grant for the airport
10-56
Structures
Airport facilities such as bridges; culverts; catch basins, inlets,
retaining walls, cribbing; storm and sanitary sewer lines; water
lines; underdrains; electrical ducts, manholes, hndholes, lighting
fixtures and bases; transformers; navigational aids; buildings;
vaults; and, other manmade features of the airport that may be
encountered in the work and not otherwise classified herein.
10-57
Subgrade
The soil that forms the pavement foundation.
10-58
Superintendent
The Contractors executive representative who is present on the
work during progress, authorized to receive and fulfill
instructions from the RPR, and who shall supervise and direct the
construction.
10-59
Supplemental Agreement
A written agreement between the Contractor and the Owner that
establishes the basis of payment and contract time adjustment, if
any, for the work affected by the supplemental agreement. A
supplemental agreement is required if: (1) in scope work would
increase or decrease the total amount of the awarded contract by
more than 25%: (2) in scope work would increase or decrease the
total of any major contract item by more than 25%; (3) work that
is not within the scope of the originally awarded contract; or (4)
adding or deleting of a major contract item.
10-60
Surety
The corporation, partnership, or individual, other than the
Contractor, executing payment or performance bonds that are
furnished to the Owner by the Contractor.
10-61
Taxilane
A taxiway designed for low speed movement of aircraft between
aircraft parking areas and terminal areas.
10-62
Taxiway
The portion of the air operations area of an airport that has been
designated by competent airport authority for movement of
10 Definition of Terns
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Paragraph
Term
Definition
Number
aircraft to and from the airport's runways, aircraft parking areas,
and terminal areas.
10-63
Taxiway/Cazilane Safety
A defined surface alongside the taxiway prepared or suitable for
Area (TSA)
reducing the risk of damage to an aircraft See the construction
safety and phasing plan (CSPP) for limits of the TSA.
10-64
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.
10-65
Working day
A working day shall be any day other than a legal holiday,
Saturday, or Sunday on which the normal working forces of the
Contractor may proceed with regular work for at least six (6)
hours toward completion of the contract When work is
suspended for causes beyond the Contractor's control, it will not
be wanted as a working day. Saturdays, Sundays and holidays
on which the Contractor's forces engage in regular work will be
considered as working days.
10-66
Owner Defined terms
I None I
The Engineer may add and define additional
terms, if necessary.
On projects that utilize a Construction
Manager (CM), a Construction Manager at
Risk (CMAR), or a Construction
Manager/General Contractor (CMGC), add
a definition of their roles on the project.
The CM generally acts as an agent of the
owner and is not legally or financially
responsible for completion of the work; a
CMAR and CMGC are legally and
financially obligated to complete the work.
END OF SECTION 10
Section 10 Definition of Terms
Section 20 Proposal Requirements and Conditions
20-01 Advertisement (Notice to Bidders). See advertisement included in specifications book
20-02 Qualification of bidders. Each bidder shall submit evidence of competency and evidence of
financial responsibility to perform the work to the Owner at the time of bid opening.
Evidence of competency, unless otherwise specified, shall consist of statements covering the bidder's past
experience on similar work, and a list of equipment and a list of key personnel that would be available for
the work.
Each bidder shall famish the Owner satisfactory evidence of their financial responsibility. Evidence of
financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of
the bidder's financial resources and liabilities as of the last calendar year or the bidder's last fiscal year.
Such statements or reports shall be certified by a public accountant. At the time of submitting such
financial statements or reports, the bidder shall further certify whether their financial responsibility is
approximately the same as stated or reported by the public accountant. If the bidder's financial
responsibility has changed, the bidder shall qualify the public accountant's statement or report to reflect
the bidder's true financial condition at the time such qualified statement or report is submitted to the
Owner.
Unless otherwise specified, a bidder may submit evidence that they are prequalified with the State
Highway Division and are on the current "bidder's list" of the state in which the proposed work is
located. Evidence of State Highway Division prequaliftcation may be submitted as evidence of financial
responsibility in lieu of the certified statements or reports specified above.
20-03 Contents of proposal forms. The Owner's proposal forms state the location and description of the
proposed construction; the place, date, and time of opening of the proposals; and the estimated quantities
of the various items of work to be performed and materials to be furnished for which unit bid prices are
asked. The proposal form states the time in which the work must be completed, and the amount of the
proposal guaranty that must accompany the proposal. The Owner will accept only Omose Proposals
properly executed on physical forms or electronic fors provided by the Owner. Bidder actions that may
cause the Owner to deem a proposal irregular are given in paragraph 20-09 Irregularproposals.
Mobilization is limited to 10 percent of the total project cost.
20-04 Issuance of proposal forms. The Owner reserves the right to refuse to issue a proposal for to a
prospective bidder if the bidder is in default for any of the following reasons:
a. Failure to comply with any prequalification regulations of the Owner, if suclm 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. Documented record of Contractor default under previous contracts with the Owner.
d. Documented record of unsatisfactory work on previous contracts with the Owner.
20-05 Interpretation of estimated proposal quantities. An estimate of quantities of work to be done
and materials to be furnished under these specifications is given in the proposal. It is the result of careful
calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the
award of the contract. The Owner does not expressly, or by implication, agree that the actual quantities
Section 20 Proposal Requirements and Conditions
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involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception
because of such estimates of quantities, or of the character, location, or other conditions pertaining to the
work. Payment to the Contractor will be made only for the actual quantities of work performed or
materials furnished in accordance with the plans and specifications. It is understood that the quantities
may be increased or decreased as provided in the Section 40, paragraph 40-02, Alteration of Work and
Quantities, without in any way invalidating the unit bid prices.
20-06 Examination of plans, specifications, and site. The bidder is expected to carefully examine the
site of the proposed work, the proposal, plans, specifications, and contract forms. Bidders shall satisfy
themselves to the character, quality, and quantities of work to be performed, materials to be furnished,
and 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 to the conditions to be encountered in
performing the work and the requirements of the proposed contract, plans, and specifications.
Boring logs and other records of subsurface investigations and tests may be 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 the bidder may make or obtain from their own examination of the
boring logs and other records of subsurface investigations and tests that are furnished by the Owner.
20-07 Preparation of proposal. The bidder shall submit their proposal on the forms furnished by the
Owner. All blank spaces in the proposal forms, unless explicitly stated otherwise, must be correctly filled
in where indicated for each and every item for which a quantity is given. The bidder shall state the price
(written in ink or typed) both in words and numerals which they propose for 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 correctly sign the proposal in ink. Ifthe proposal is made by an individual, their name
and post office address must be shown. Ifmade 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 where 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
their authority to do so and that the signature is binding upon the firm or corporation.
20-08 Responsive and responsible bidder. A responsive bid conforms to all significant terms and
conditions contained in the Owner's invitation for bid. It is the Owner's responsibility to decide if the
exceptions taken by a bidder to the solicitation are material or not and the extent of deviation it is willing
to accept.
A responsible bidder has the ability to perform successfully under the terns and conditions of a proposed
procurement, as defined in 2 CFR § 200.318(1). This includes such matters as Contractor integrity,
compliance with public policy, record of past performance, and financial and technical resources.
20-09 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 ifthe Owner's form is
altered, or if any part of the proposal form is detached.
b. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind
that make the proposal incomplete, indefinite, or otherwise ambiguous.
, c. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the
case of authorized alternate pay items, for which the bidder is not required to furnish a unit price.
d. If the proposal contains unit prices that are obviously unbalanced.
Section 20 Proposal Requirements and Conditions
e. If the proposal is not accompanied by the proposal guaranty specified by the Owner.
f. If the applicable Disadvantaged Business Enterprise information is incomplete.
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.
20-10 Bid guarantee. Each separate proposal shall be accompanied by a bid bond, certified check, or
other specified acceptable collateral, in the amount specified in the proposal form. Such bond, check, or
collateral, shall be made payable to the Owner.
20-11 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 or as modified by Addendum before the time specified for opening all bids.
Proposals received after the bid opening time shall be returned to the bidder unopened.
20-12 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, by fax or by email before the time specified for opening bids. Revised
proposals must be received at the place specified in the advertisement before the time specified for
opening all bids.
20-13 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.
20-14 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 paragraph 20-04,,Issuance
ojProposn! Forms, of this section.
20-15 Discrepancies and Omissions. A Bidder who discovers discrepancies or omissions with the
project bid documents shall immediately notify the Owner's Engineer of the matter. A bidder that has
doubt as to the true meaning of a project requirement may submit to the Owner's Engineer a written
request for interpretation no later than 2 days prior to bid opening.
Any interpretation of the project bid documents by the Owner's Engineer will be by written addendum
issued by the Owner. The Owner will not consider any instructions, clarifications or interpretations of the
bidding documents in any manner other than written addendum.
Section 20 Proposal Requirements and
END OF SECTION 20
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Section 20 Proposal Requirements and Conditions
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 bid 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 Section 20, paragraph 20-09, Irregular Proposals.
b. If the bidder is disqualified for any of the reasons specified Section 20, paragraph 20-14,
Disqualification of Bidders.
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 60-120
calendar days of the date specified for publicly opening proposals, unless otherwise specified herein.
If the Owner elects to proceed with an award of contract, the Owner will make award to the responsible
bidder whose bid, conforming with all the material terms and conditions of the bid documents, is the
lowest in price.
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 paragraph 30-07 Approval ofContraci.
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 ofbids as specified in the paragraph
30-01, Consideration ofProposals. 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 contract bonds as specified in paragraph 30-05, Requirements of Contract Bonds.
30-05 Requirements of contract bonds. At the time of the execution ofthe contract, the successful
bidder shall famish the Owner a surety bond or bonds that have been fully executed by the bidder and the
surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred
by reason of the Contractor's performance of the work. The surety and the form of the band 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 the signed contract to the Owner, along with the fully executed surety
bond or bonds specified in paragraph 30-05, Requirements of Contract Bonds, of this section, within 10
calendar days from the date mailed or otherwise delivered to the successful bidder.
Section 30 Award and Execution of Contract
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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 period specified in paragraph 30-06, Execution of Contract, of
this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as
a penalty, but as liquidated damages to the Owner.
END OF SECTION 30
Section 30 Award and Execution of Contract
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Section 30 Award and Execution of Contract
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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 quantifies. The Owner reserves the right to make such changes in
quantities and work as may be necessary or desirable to complete, in a satisfactory manner, the original
intended work. Unless otherwise specified in the Contract, the Owner's Engineer or RPR shall be and is
hereby authorized to make, in writing, such in -scope alterations in the work and variation of quantities as
may be necessary to complete the work, provided such action does not represent a significant change in
the character of the work.
For purpose of this section, a significant change in character of work means: any change that is outside
the current contract scope of work; any change (increase or decrease) in the total contract cost by more
than 25%; or any change in the total cost of a major contract item by more than 25%.
Work alterations and quantity variances that do not meet the definition of significant change in character
of work shall not invalidate the contract nor release the surety. Contractor agrees to accept payment for
such work alterations and quantity variances in accordance with Section 90, paragraph 90-03,
Compensation for Altered Quantities.
Should the value of altered work or quantity variance meet the criteria for significant change in character
of work, such altered work and quantity variance shall be covered by a supplemental agreement.
Supplemental agreements shall also require consent of the Contractor's surety and separate performance
and payment bands. If the Owner and the Contractor are unable to agree on a unit adjustment for any
contract item that requires a supplemental agreement, the Owner reserves the right to terminate the
contract with respect to the item and make other arrangements for its completion.
40-03 Omitted items. The Owner, the Owner's Engineer or the RPR may provide written notice to the
Contractor to omit from the work any contract item that does not meet the definition of major contract
item. Major contract items may be omitted by a supplemental agreement. Such omission of contract items
shall not invalidate any other contract provision or requirement.
Should a contract item be omitted or otherwise ordered to be non -performed, the Contractor shall be paid
for all work performed toward completion of such item prior to the date of the order to omit such item.
Payment for work performed shall be in accordance with Section 90, paragraph 90-04, Payment for
Omitted Items.
40-04 Extra work. Should acceptable completion of the contract require the Contractor to perform an
item of work not provided for in the awarded contract as previously modified by change order or
supplemental agreement, Owner may issue a Change Order to cover the necessary extra work. Change
orders for 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 RPR's opinion, is necessary for completion of the extra work.
When determined by the RPR to be in the Owner's best interest, the RPR may order the Contractor to
proceed with extra work as provided in Section 90, paragraph 90-05, Payment for Extra Work. Extra work
that is necessary for acceptable completion of the project, but is not within the general scope of the work
Section 40 Scope of Work
covered by the original contract shall be covered by a supplemental agreement as defined in Section 10,
paragraph 10-59, Supplemental Agreement.
If extra work is essential to maintaining the project critical path, RPR may order the Contractor to
commence the extra work under a Time and Material contract method. Once sufficient detail is available
to establish the level of effort necessary for the extra work, the Owner shall initiate a change order or
supplemental agreement to cover the extra work.
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. The Contractor shall
maintain traffic in the manner detailed in the Construction Safety and Phasing Plan (CSPP).
a. It is understood and agreed that the Contractor shall provide for the free and unobstructed
movement of aircraft in the air operations areas (AOAs) of the airport with respect to their own operations
and the operations of all subcontractors as specified in Section 80, paragraph 80-04, Limitation of
Operations. 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 Section 70, paragraph 70-15,
Contractor's Responsibility for Utility Service and Facilities ofOthers.
b. With respect to their own operations and the operations of all subcontractors, the Contractor shall
provide marking, lighting, and other acceptable means of identifying personnel, equipment, vehicles,
storage areas, and any work area or condition that may be hazardous to the operation of aircraft, fire -
rescue equipment, or maintenance vehicles at the airport in accordance with the construction safety and
phasing plan (CSPP) and the safety plan compliance document (SPCD).
c. When tlhe contract requires the maintenance of an existing road, street, or highway during the
Contractors performance of work that is otherwise provided for in the contract, plans, and specifications,
the Contractor shall keep the road, street, or highway open to all traffic and shall provide maintenance as
may be required to accommodate traffic. The Contractor, at their expense, shall be responsible for the
repair to equal or better than preconstmction conditions of any damage caused by the Contractor's
equipment and personnel. The Contractor shall famish, erect, and maintain barricades, warning signs,
flag person, and other traffic control devices in reasonable conformity with the Manual on Uniform
Traffic Control Devices (MUTCD) (httn://mutcd.flhwa.dot.eov/), unless otherwise specified. The
Contractor shall also construct and maintain in a safe condition any temporary connections necessary for
ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise
specified herein, the Contractor will not be required to furnish snow removal for such existing road,
street, or highway.
40-06 Removal of existing structures. All existing structures encounteredwithin 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 Resident Project Representative (RPR) shall be notified prior
to disturbing such structure. The disposition of existing structures so encountered shall be immediately
determined by the RPR in accordance with the provisions of the contract.
Except as provided in Section 40, paragraph 40-07, Rights in and Use ofMaterials Found in the Work, it
is intended that all existing materials or structures that may be encountered (within the lines, grades, or
Section 40 Scope of Work
grading sections established for completion of the work) shall be used in the work as otherwise provided
for in the contract and shall remain the property of the Owner when so used in the work.
40-07 Rights in and use of materials found in the work. Should the Contractor encounter any material
such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines,
grades, or grading sections, the use of which is intended by the terms of the contract to be embankment,
the Contractor may at their own option either:
a. Use such material in another contract item, providing such use is approved by the RPR 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 RPR; or
c. Use such material for the Contractor's own temporary construction on site; or,
d. Use such material as intended by the terms of the contract.
Should the Contractor wish to exercise option a., b., or c., the Contractor shall request the RPR's approval
in advance of such use.
Should the RPR 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 their expense, such removed or excavated material with an agreed equal volume of material
that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such
replacement material is needed to complete the contract work. The Contractor shall not be charged for use
of such material used in the work or removed from the site.
Should the RPR 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 their own
exercise of option a., b., or c.
The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a
structure which is located outside the lines, grades, or grading sections established for the work, except
where such excavation or removal is provided for in the contract, plans, or specifications.
40-08 Final cleanup. Upon completion of the work and before acceptance and final payment will be
made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded
materials, rubbish, temporary structures, and stumps or portions of trees. The Contractor shall cut all
brush and woods within the limits indicated and shall leave the site in a neat and presentable condition.
Material cleared from the site and deposited on adjacent property will not be considered as having been
disposed of satisfactorily, unless the Contractor has obtained the written permission of the property
Owner.
END OF SECTION 40
Section 40 Scope of Work
Section 50 Control of Work
50-01 Authority of the Resident Project Representative (RPR). The RPR has final authority regarding
the interpretation of project specification requirements. The RPR shall determine acceptability of the
quality of materials furnished, method of performance of work performed, and the manner and rate of
performance of the work. The RPR does not have the authority to accept work that does not conform to
specification requirements.
50-02 Conformity with plans and specifications. All work and all materials famished 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.
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If the RPR finds the materials furnished, work performed, or the finished product not within reasonably
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close conformity with the plans and specifications, but that the portion of the work affected will, in their
opinion, result in a finished product having a level of safety, economy, durability, and workmanship
acceptable to the Owner, the RPR will advise the Owner of their determination that the affected work be
accepted and remain in place. The RPR will document the determination and recommend to the Owner a
basis of acceptance that will provide for an adjustment in the contract price for the affected portion of the
work. Changes in the contract price must be covered by contract change order or supplemental agreement
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as applicable.
If the RPR finds the materials furnished, work performed, or the finished product are not in reasonably
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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 RPR's written orders.
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
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construed as waiving the RPR's responsibility to insist on strict compliance with the requirements of the
contract, plans, and specifications during the Contractor's execution of the work, when, in the RPR's
opinion, such compliance is essential to provide an acceptable finished portion of the work.
The tern "reasonably close conformity" is also intended to provide the RPR with the authority, after
consultation with the Sponsor and FAA, to use sound engineering judgment in their determinations to
accept work that is not in strict conformity, but will provide a finished product equal to or better than that
required by the requirements of the contract, plans and specifications.
The RPR 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. If electronic files are provided
and used on the project and there is a conflict between the electronic files and hard copy plans, the hard
copy plans shall govern. A requirement occurring in one is as binding as though occurring in all. They
are intended to be complementary and to describe and provide for a complete work. In case of
discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications
shall govern over contract general provisions, plans, cited standards for materials or testing, and cited
advisory circulars (ACs); contract general provisions shall govern over plans, cited standards for materials
or testing, and cited ACs; plans shall govern over cited standards for materials or testing and cited ACs. If
Section 50 Control of Work
any paragraphs contained in the Special Provisions conflict with General Provisions or Technical
Specifications, the Special Provisions shall govern.
From time to time, discrepancies within cited testing standards occur due to the timing of the change,
edits, and/or replacement of the standards. If the Contractor discovers any apparent discrepancy within
standard test methods, the Contractor shall immediately ask the RPR for an interpretation and decision,
and such decision shall be final.
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, Contractor shall immediately
notify the Owner or the designated representative in writing requesting their written interpretation and
decision.
50-04 List of Special Provisions. See Special Provisions Table of Contents.
50-05 Cooperation of Contractor. The Contractor shall be supplied with [ five ] hard copies or an
electronic PDF of the plans and specifications. The Contractor shall have available on the construction
site at all times one hardcopy each of the plans and specifications. Additional hard copies of plans and
specifications may be obtained by the Contractor for the cost of reproduction.
The Contractor shall give constant attention to the work to facilitate the progress thereof, and shall
cooperate with the RPR and their 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 their
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 RPR or their authorized
representative.
50-06 Cooperation between Contractors. The Owner reserves the right to contract for and perform
other or additional work on or near the work covered by this contract.
When separate contracts are let within the limits of any one project, each Contractor shall conduct the
work 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 their own
contract and shall protect and hold harmless the Owner from any and all damages or claims that may arise
because of inconvenience, delays, or loss experienced because of flte presence and operations of other
Contractors working within the limits of the same project.
The Contractor shall arrange their work and shall place and dispose of the materials being used to not
interfere with the operations of the other Contractors within the limits of the same project. The Contractor
shall join their work with that of the others in an acceptable manner and shall perform it in proper
sequence to that of the others.
50-07 Construction layout and stakes. The Engineer/RPR shall establish necessary horizontal and
vertical control. The establishment of Survey Control and/or reestablishment of survey control shall be
by a State Licensed Land Surveyor. Contractor is responsible for preserving integrity of horizontal and
vertical controls established by Engineer/RPR. In case of negligence on the part of the Contractor or their
employees, resulting in the destruction of any horizontal and vertical control, the resulting costs will be
deducted as a liquidated damage against the Contractor.
Prior to the start of construction, the Contractor will check all control points for horizontal and vertical
accuracy and certify in writing to the RPR that the Contractor concurs with survey control established for
the project. All lines, grades and measurements from control points necessary for the proper execution
and control of the work on this project will be provided to the RPR. The Contractor is responsible to
establish all layout required for the construction of the project.
Section 50 Control of Work
Copies of survey notes will be provided to the RPR for each area of construction and for each placement
of material as specified to allow Ore RPR to make periodic checks for conformance with plan grades,
alignments and grade tolerances required by the applicable material specifications. Surveys will be
provided to the RPR prior to commencing work items that cover or disturb the survey staking. Survey(s)
and notes shall be provided in the following format(s): CAD files and hardcopy.
Laser, GPS, String line, or other automatic control shall be checked with temporary control as necessary.
In the case of error, on the part of Ore Contractor, their surveyor, employees or subcontractors, resulting in
established grades, alignment or grade tolerances that do not concur with those specified or shown on the
plans, the Contractor is solely responsible for correction, removal, replacement and all associated costs at
no additional cost to the Owner.
No direct payment will be made, unless otherwise specified in contract documents, for this labor,
materials, or other expenses. The cost shall be included in the price of the bid for the various items of the
Contract.
50-08 Authority and duties of Quality Assurance (QA) inspectors. QA inspectors shall be authorized
to inspect all work done and all material furnished. Such QA inspection may extend to all or any part of
the work and to the preparation, fabrication, or manufacture of the materials to be used. QA inspectors are
not authorized to revoke, alter, or waive any provision of the contract. QA inspectors are not authorized to
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issue instructions contrary to the plans and specifications or to act as foreman for the Contractor.
QA Inspectors are authorized to notify the Contractor or their 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 RPR for a decision.
50-09 Inspection of the work. All materials and each part or detail of the work shall be subject to
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inspection. The RPR shall be allowed access to all parts of the work and shall be famished with such
information and assistance by the Contractor as is required to make a complete and detailed inspection.
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If the RPR 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
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parts removed will be at the Contractor's expense.
Provide advance written notice to the RPR of work the Contractor plans to perform each week and each
day. Any work done or materials used without written notice and allowing opportunity for inspection by
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the RPR may be ordered removed and replaced at the Contractor's expense.
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 parries to this contract.
50-10 Removal of unacceptable and unauthorized work. All work that does not conform to the
requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise
determined acceptable by the RPR as provided in paragraph 50-02, Conformity with Plans and
Specifications.
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 Section 70,
paragraph 70-14, Contractor's Responsibility for Work.
Section 50 Control of Work
No removal work made under provision of this paragraph shall be done without lines and grades having
been established by the RPR. Work done contrary to the instructions of the RPR, work done beyond the
lines shown on the plans or as established by the RPR, except as herein specified, or any extra work done
without authority, will be considered as unauthorized and will not be paid for under the provisions of the
contract. Work so done may be ordered removed or replaced at the Contractor's expense. .
Upon failure on the part of the Contractor to comply with any order of the RPR made under the
provisions of this subsection, the RPR will have autitority to cause unacceptable work to be remedied or
removed and replaced; and unauthorized work to be removed and recover the resulting costs as a
liquidated damage against the Contractor.
50-11 Load restrictions. The Contractor shall comply with all legal load restrictions in the hauling of
materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor
of liability for damage that may result from the moving of material or equipment.
The operation of equipment of such weight or so loaded as to cause damage to structures or to any other
type of construction will not be permitted. Hauling of materials over the base course or surface course
under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base,
or structure before the expiration of the curing period. The Contractor, at their own expense, shall be
responsible for the repair to equal or better than preconstruction conditions of any damage caused by the
Contractor's equipment and personnel.
50-12 Maintenance during construction. The Contractor shall maintain the work during construction
and until the work is accepted. Maintenance shall constitute continuous and effective work prosecuted
day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at
all times.
In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the
Contractor shall maintain the previous course or subgrade during all construction operations.
All costs of maintenance work during construction and before the project is accepted shall be included in
the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount
for such work.
50-13 Failure to maintain the work. Should the Contractor at any time fail to maintain the work as
provided in paragraph 50-12, Maintenance during Construction, the RPR 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 RPR'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 recovered as a liquidated damage
against the Contractor.
50-14 Partial acceptance. If at any time during the execution of the project the Contractor substantially
completes a usable unit or portion of the work, the occupancy of which will benefit the Owner, the
Contractor may request the RPR to make final inspection ofthat unit. If the RPR finds upon inspection
that the unit has been satisfactorily completed in compliance with the contract, the RPR may accept it as
being complete, and the Contractor may be relieved of further responsibility for that unit. Such partial
acceptance and beneficial occupancy by the Owner shall not void or alter any provision ofthe contract.
50-15 Final acceptance. Upon due notice from the Contractor of presumptive completion of the entire
project, the RPR and Owner will make an inspection. If all construction provided for and contemplated by
the contract is found to be complete in accordance with the contract, plans, and specifications, such
Section 50 Control of Work 21
inspection shall constitute the final inspection. The RPR 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 RPR will
notify the Contractor and the Contractor shall correct the unsatisfactory work. 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 RPR will make the final acceptance and notify the
Contractor in writing of this acceptance as of the date of final inspection.
50-16 Claims for adjustment and disputes. If for any reason the Contractor deems that additional
compensation is due for work or materials not clearly provided for in the contract, plans, or specifications
or previously authorized as extra work, the Contractor shall notify the RPR in writing of their intention to
claim such additional compensation before the Contractor begins the work on which the Contractor bases
the claim. If such notification is not given or the RPR is not afforded proper opportunity by the Contractor
for keeping strict account ofactual 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 RPR has kept
account of the cost of the work shall not in any way be construed as proving or substantiating the validity
of the claim. When the work on which the claim for additional compensation is based has been
completed, the Contractor shall, within 10 calendar days, submit a written claim to the RPR 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 Value Engineering Cost Proposal.
The provisions of this paragraph will apply only to contracts awarded to the lowest bidder pursuant to
competitive bidding.
On projects with original contract amounts in excess of $100,000, the Contractor may submit to the RPR,
in writing, proposals for modifying the plans, specifications or other requirements of the contract for the
sole purpose of reducing the cost of construction. The value engineering cost proposal shall not impair, in
any manner, the essential functions or characteristics of the project, including but not limited to service
life, economy of operation, ease of maintenance, desired appearance, design and safety standards. This
provision shall not apply unless the proposal submitted is specifically identified by the Contractor as
being presented for consideration as a value engineering proposal.
Not eligible for value engineering cost proposals are changes in the basic design of a pavement type,
runway and taxiway lighting, visual aids, hydraulic capacity of drainage facilities, or changes in grade or
alignment that reduce the geometric standards of the project.
As a minimum, the following information shall be submitted by the Contractor with each proposal:
a. A description of both existing contract requirements for performing the work and the proposed
changes, with a discussion of the comparative advantages and disadvantages of each.
b. An itemization of the contract requirements that must be changed if the proposal is adopted.
c. A detailed estimate of the cost of performing the work under the existing contract and under the
proposed changes.
d. A statement of the time by which a change order adopting the proposal must be issued.
e. A statement of the effect adoption of the proposal will have on the time for completion of the
contract.
f. The contract items of work affected by the proposed changes, including any quantity variation
attributable to them.
Section 50 Control of Work
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The Contractor may withdraw, in whole or in part, any value engineering cost proposal not accepted by
the RPR, within the period specified in the proposal. The provisions of this subsection shall not be
construed to require the RPR to consider any value engineering cost proposal that may be submitted.
The Contractor shall continue to perform the work in accordance with the requirements of the contract
until a change order incorporating the value engineering cost proposal has been issued. If a change order
has not been issued by the date upon which the Contractor's value engineering cost proposal specifies that
a decision should be made, or such other date as the Contractor may subsequently have requested in
writing, such value engineering cost proposal shall be deemed rejected.
The RPR shall be the sole judge of the acceptability of a value engineering cost proposal and of the
estimated net savings from the adoption of all or any part of such proposal. In determining the estimated
net savings, the RPR may disregard the contract bid prices it in the RPR's judgment such prices do not
represent a fair measure of the value of the work to be performed or deleted.
The Owner may require the Contractor to share in the Owner's costs of investigating a value engineering
cost proposal submitted by the Contractor as a condition of considering such proposal. Where such a
condition is imposed, the Contractor shall acknowledge acceptance of it in writing. Such acceptance shall
constitute full authority for the Owner to deduct the cost of investigating a value engineering cost
proposal from amounts payable to the Contractor under the contract.
If the Contractor's value engineering cost proposal is accepted in whole or in part, such acceptance will
be by a contract change order that shall specifically state that it is executed pursuant to this paragraph.
Such change order shall incorporate the changes in the plans and specifications which are necessary to
permit the value engineering cost proposal or such part of it as has been accepted and shall include any
conditions upon which the RPR's approval is based. The change order shall also set forth the estimated
net savings attributable to the value engineering cost proposal. The net savings shall be determined as die
difference in costs between the original contract costs for the involved work items and the costs occurring
as a result of the proposed change. The change order shall also establish the net savings agreed upon and
shall provide for adjustment in the contract price that will divide the net savings equally between the
Contractor and the Owner.
The Contractor's 50% share of the net savings shall constitute full compensation to the Contractor for the
value engineering cost proposal and the performance of the work.
Acceptance of the value engineering cost proposal and performance of the work shall not extend the time
of completion of the contract unless specifically provided for in the contract change order.
END OF SECTION 50
Section 50 Control of Work
Section 60 Control of Materials
60-01 Source of supply and quality requirements. The materials used in the work shall conform to the
requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are
manufactured or processed shall be new (as compared to used or reprocessed).
In order to expedite the inspection and testing of materials, the Contractor shall furnish documentation to
the RPR as to the origin, composition, and manufacture of all materials to be used in the work.
Documentation shall be furnished promptly after execution of the contract but, in all cases, prior to
delivery of such materials.
At the RPR's option, materials may be approved at the source of supply before delivery. If it is found
after trial that sources of supply for previously approved materials do not produce specified products, the
Contractor shall finish materials from other sources.
The Contractor shall furnish airport lighting equipment that meets the requirements ofthe specifications;
and is listed in AC 15015345-53, Airport Lighting Equipment Certification Program and Addendum, that
is in effect on the date of advertisement.
60-02 Samples, tests, and cited specifications. All materials used in the work shall be inspected, tested,
and approved by the RPR before incorporation in the work unless otherwise designated. Any work in
which untested materials are used without approval or written permission of the RPR 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 RPR, shall be removed at the Contractor's expense.
Unless otherwise designated, quality assurance tests will be made by and at the expense of the Owner in
accordance with the cited standard methods of ASTM, American Association of State Highway and
Transportation Officials (AASHTO), federal specifications, Commercial Item Descriptions, and all other
cited methods, which are current on the date of advertisement for bids.
The testing organizations performing on -site quality assurance field tests shall have copies of all
referenced standards on the construction site for use by all technicians and other personnel. Unless
otherwise designated, samples for quality assurance will be taken by a qualified representative of the
RPR. All materials being used are subject to inspection, test, or rejection at any time prior to or during
incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at their
request after review and approval of the RPR.
A copy of all Contractor QC test data shall be provided to the RPR daily, along with printed reports, in an
approved format, on a weekly basis. After completion of the project, and prior to final payment, the
Contractor shall submit a final report to the RPR showing all test data reports, plus an analysis of all
results showing ranges, averages, and corrective action taken on all failing tests.
The Contractor shall employ a Quality Control (QC) testing organization to perform all Contractor
required QC tests in accordance with Item C-100 Contractor Quality Control Program (CQCP).
60-03 Certification of compliance/analysis (COC/COA). The RPR may permit the use, prior to
sampling and testing, of certain materials or assemblies when accompanied by manufacturer's COC
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 Ore lot is clearly identified. The COA
is the manufacturer's COC and includes all applicable test results.
Section 60 Control of Materials
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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 RPR.
When a material or assembly is specified by "brand name or equal" and the Contractor elects to famish
the specified "or equal," the Contractor shall be required to famish the manufacturer's certificate of
compliance for each lot of such material or assembly delivered to the work. Such certificate of
compliance shall clearly identify each lot delivered and shall certify as to:
a. Conformance to the specified performance, testing, quality or dimensional requirements; and,
b. Suitability of the material or assembly for the use intended in the contract work.
The RPR shall be the sole judge as to whether the proposed "or equal" is suitable for use in the work
The RPR reserves the right to refuse permission for use ofmaterials or assemblies on the basis of
certificates of compliance.
60-04 Plant inspection. The RPR or their authorized representative may inspect, at its source, any
specified material or assembly to be used in the work. Manufacturing plants may be inspected from time
to time for the purpose of determining compliance with specified manufacturing methods or materials to
be used in the work and to obtain samples required for acceptance of the material or assembly.
Should the RPR conduct plant inspections, the following conditions shall exist:
a. The RPR shall have the cooperation and assistance of time Contractor and the producer with whom
the Contractor has contracted for materials.
b. The RPR 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 RPR, the Contractor shall arrange for adequate office or working space that may
be reasonably needed for conducting plant inspections. Place office or working space in a convenient
location with respect to the plant.
It is understood and agreed that the Owner shall have the right to retest any material that has been tested
and approved at the source of supply after it has been delivered to the site. The RPR 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/ Resident Project Representative (RPR) field office. An Engineer/RPR field office is
not required.
60-06 Storage of materials. Materials shall be stored to assure the preservation of their quality and
fitness for the work. Stored materials, even though approved before storage, may again be inspected prior
to their use in the work. Stored materials shall be located to facilitate their prompt inspection. The
Contractor shall coordinate the storage of all materials with the RPR. 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 and/or CSPP, the storage of
materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed
by the RPR. 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 finish the RPR a copy of
the property Owner's permission.
Section 60 Control of Materials
All storage sites on private or airport property shall be restored to their original condition by the
Contractor at their 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 RPR.
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 RPR has approved its use in the work.
60-08 Owner furnished materials. The Contractor shall furnish all materials required to complete the
work, except those specified, if any, to be furnished by the Owner. Owner -furnished materials shall be
made available to the Contractor at the location specified.
All costs of handling, transportation from the specified location to the site of work, storage, and installing
Owner -famished materials shall be included in the unit price bid for the contract item in which such
Owner -famished material is used.
After any Owner-fumished material has been delivered to the location specified, the Contractor shall be
responsible for any demurrage, damage, loss, or other deficiencies that may occur during the Contractor's
handling, storage, or use of such Owner -famished 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 -famished materials.
Section 60 Control of Materials
END OF SECTION 60
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Section 70 Legal Regulations and Responsibility to Public
70-01 Laws to be observed. The Contractor shall keep fully informed of all federal and state laws, all
local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any
jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in
any way affect the conduct of the work. The Contractor shall at all times observe and comply with all
such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner and all
their officers, agents, or servants against any claim or liability arising from or based on the violation of
any such law, ordinance, regulation, order, or decree, whether by the Contractor or the Contractor's
employees.
70-02 Permits, licenses, and taxes. The Contractor shall procure all permits and licenses, pay all charges,
fees, and taxes, and give all notices necessary and incidental to the due and lawful execution of the work.
70-03 Patented devices, materials, and processes. If the Contractor is required or desires to use any
design, device, material, or process covered by letters of patent or copyright, the Contractor shall provide
for such use by suitable legal agreement with the Patentee or Owner. The Contractor and the surety shall
indemnify and hold harmless the Owner, any third party, or political subdivision from any and all claims
for infringement by reason of the use of any such patented design, device, material or process, or any
trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it
may be obliged to pay by reason of an infringement, at any time during the execution or after the
completion of the work.
70-04 Restoration of surfaces disturbed by others. The Owner reserves the right to authorize the
construction, reconstruction, or maintenance of any public or private utility service, FAA or National
Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government
agency at any time during the progress of the work. To the extent that such construction, reconstruction,
or maintenance has been coordinated with the Owner, such authorized work (by others) must be shown on
the plans and is indicated as follows:
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 RPR.
Should the Owner of public or private utility service, FAA, or NOAA facility, or a utility service of
another government agency be authorized to construct, reconstruct, or maintain such utility service or
facility during the progress of the work, the Contractor shall cooperate with such Owners by arranging
and performing the work in this contract to facilitate such construction, reconstruction or maintenance by
others whether or not such work by others is listed above. When ordered as extra work by the RPR, the
Contractor shall make all necessary repairs to the work which are due to such authorized work by others,
unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the
Contractor shall not be entitled to make any claim for damages due to such authorized work by others or
for any delay to the work resulting from such authorized work.
70-05 Federal Participation. The United States Government has agreed to reimburse the Owner for
some portion of the contract costs. The contract work is subject to the inspection and approval of duly
authorized representatives of the FAA Administrator. No requirement of this contract shall be construed
as making the United States a party to the contract nor will any such requirement interfere, in any way,
with the rights of either party to the contract.
Section 70 Legal Regulations and Responsibility to Public
70-06 Sanitary, health, and safety provisions. The Contractor's worksite and facilities shall comply
with applicable federal, state, and local requirements for health, safety and sanitary provisions.
70-07 Public convenience and safety. The Contractor shall control their operations and those of their
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 their own operations and those of their own subcontractors and all suppliers in accordance with
Section 40, paragraph 40-05, Maintenance ofTrafc, and shall limit such operations for the convenience
and safety of the traveling public as specified in Section 80, paragraph 80-04, Limitation of Operations.
The Contractor shall remove or control debris and rubbish resulting from its work operations at frequent
intervals, and upon the order of the RPR. If the RPR determines the existence of Contractor debris in the
work site represents a hazard to airport operations and the Contractor is unable to respond in a prompt and
reasonable manner, the RPR reserves the right to assign the task of debris removal to a third party and
recover the resulting costs as a liquidated damage against the Contractor.
70-08 Construction Safety and Phasing Plan (CSPP). The Contractor shall complete the work in
accordance with the approved Construction Safety and Phasing Plan (CSPP) developed in accordance
with AC 150/5370-2, Operational Safety on Airports During Construction. The CSPP is included in the
project plans.
70-09 Use of explosives. The use of explosives is not permitted on this project.
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 carefiilly from disturbance or damage
all land monuments and property markers until the Engineer/RPR 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
execution of the work, resulting from any act, omission, neglect, or misconduct in manner or method of
executing the work, or at any time due to defective work or materials, and said responsibility shall not be
released until the project has 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 non -execution thereof by the Contractor, the Contractor shall restore, at their 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 the Contractor shall make good such damage or injury in an
acceptable manner.
70-11 Responsibility for damage claims. The Contractor shall indemnify and hold harmless the
Engineer/RPR and the Owner and their officers, agents, 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 their own contract considered
necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money
is due, their own surety may be held until such suits, actions, or claims for injuries or damages shall have
been settled and suitable evidence to that effect famished to the Owner, except that money due the
Section 70 Legal Regulations and Responsibility to Public
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Contractor will not be withheld when the Contractor produces satisfactory evidence that he or she 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 for 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. If it is necessary for the Contractor to complete portions
of the contract work for the beneficial occupancy of the Owner prior to completion of the entire contract,
such "phasing" of the work must be specified below and indicated on the approved Construction Safety
and Phasing Plan (CSPP) and the project plans. When so specified, the Contractor shall complete such
portions of the work on or before the date specified or as otherwise specified.
Upon completion of any portion of work listed above, such portion shall be accepted by the Owner in
accordance with Section 50, paragraph 50-14, Partial Acceptance.
No portion of the work may be opened by the Contractor until directed by the Owner in writing. Should it
become necessary to open a portion of the work to traffic on a temporary or intermittent basis, such
openings shall be made when, in the opinion of the RPR, such portion of the work is in an acceptable
condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent
in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of
any provision of the contract. Any damage to the portion of the work so opened that is not attributable to
traffic which is permitted by the Owner shall be repaired by the Contractor at their expense.
The Contractor shall make their own estimate of the inherent difficulties involved in completing the work
under the conditions herein described and shall not claim any added compensation by reason of delay or
increased cost due to opening a portion of the contract work.
The Contractor must conform to safety standards contained AC 150/5370-2 and the approved CSPP.
Contractor shall refer to the plans, specifications, and the approved CSPP to identify barricade
requirements, temporary and/or permanent markings, airfield lighting, guidance signs and other safety
requirements prior to opening up sections of work to traffic.
70-14 Contractor's responsibility for work. Until the RPR's final written acceptance of the entire
completed work, excepting only those portions of the work accepted in accordance with Section 50,
paragraph 50-14, Partial Acceptance, the Contractor shall have the charge and care thereof and shall take
every precaution against injury or damage to any part due to the action of the elements or from any other
cause, whether arising from the execution or from the non -execution of the work. The Contractor shall
rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by
any of the above causes before final acceptance and shall bear the expense thereof except damage to the
work due to unforeseeable causes beyond the control of and without the fault or negligence of the
Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane
or other cataclysmic phenomenon of nature, or acts of the public enemy or of goverment 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 their own
expense. During such period of suspension of work, the Contractor shall properly and continuously
maintain in an acceptable growing condition all living material in newly established planting, seeding,
and sodding famished under the contract, and shall take adequate precautions to protect new tree growth
and other important vegetative growth against injury.
70-15 Contractor's responsibility for utility service and facilities of others. As provided in paragraph
70-04, Restoration of Surfaces Disturbed by Others, the Contractor shall cooperate with the owner of any
Section 70 Legal Regulations and Responsibility to Public
public or private utility service, FAA or NOAA, or a utility service of another government agency that
may be authorized by the Owner to construct, reconstruct or maintain such utility services or facilities
during the progress of the work. In addition, the Contractor shall control their operations to prevent the
unscheduled interruption of such utility services and facilities.
To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of
another governmental agency are known to exist within the limits of the contract work, the approximate
locations have been indicated on the plans and/or in the contract documents.
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 the responsibility to protect such existing features from damage or unscheduled interruption
of service.
It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the
Owners of all utility services or other facilities of their plan of operations. Such notification shall be in
writing addressed to "The Person to Contact" as provided in this paragraph and paragraph 70-04,
Restoration of Surfaces Disturbed By Others. A copy of each notification shall be given to the RPR.
In addition to the general written notification provided, it shall be the responsibility of the Contractor to
keep such individual Owners advised of changes in their plan of operations that would affect such
Owners.
Prior to beginning the work in the general vicinity of an existing utility service or facility, the Contractor
shall again notify each such Owner of their plan of operation. If, in the Contractor's opinion, the Owner's
assistance is needed to locate the utility service or facility or the presence of a representative of the Owner
is desirable to observe the work, such advice should be included in the notification. Such notification shall
be given by the most expeditious means to reach the utility owner's "Person to Contact" no later than two
normal business days prior to the Contractor's commencement of operations in such general vicinity. The
Contractor shall furnish a written summary ofthe notification to the RPR.
The Contractor's failure to give the two days' notice shall be cause for the Owner to suspend the
Contractor's operations in the general vicinity of a utility service or facility.
Where the outside limits of an underground utility service have been located and staked on the ground,
the Contractor shall be required to use hand excavation methods within 3 feet (1 m) of such outside limits
at such points as may be required to ensure protection from damage due to the Contractor's operations.
Should the Contractor damage or interrupt the operation of a utility service or facility by accident or
otherwise, the Contractor shall immediately notify the proper authority and the RPR 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 RPR continuously until such damage has
been repaired and service restored to the satisfaction of the utility or facility owner.
The Contractor shall bear all costs of damage and restoration of service to any utility service or facility
due to their operations whether due to negligence or accident. The Owner reserves the right to deduct
such costs from any monies due or which may become due the Contractor, or their own surety.
70-15.1 FAA facilities and cable runs. The Contractor is hereby advised that the construction limits of
the project include existing facilities and buried cable runs that are owned, operated and maintained by
the FAA. The Contractor, during the execution of the project work, shall comply with the following:
a. The Contractor shall permit FAA maintenance personnel the right of access to the project work site
for purposes of inspecting and maintaining all existing FAA owned facilities.
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b. The Contractor shall provide notice to the FAA Air Traffic Organization (ATO)/I'echnical
Operations/System Support Center (SSC) Point -of -Contact through the airport Owner a minimum of
seven (7) calendar days prior to commencement of construction activities in order to permit sufficient
time to locate and mark existing buried cables and to schedule any required facility outages.
c. If execution of the project work requires a facility outage, the Contractor shall contact the FAA
Point -of -Contact a minimum of 72 hours prior to the time of the required outage.
d. Any damage to FAA cables, access roads, or FAA facilities during construction caused by the
Contractor's equipment or personnel whether by negligence or accident will require the Contractor to
repair or replace the damaged cables, access road, or FAA facilities to FAA requirements. The
Contractor shall not bear the cost to repair damage to underground facilities or utilities improperly located
by the FAA.
e. If the project work requires the cutting or splicing ofFAA owned cables, the FAA Point -of -Contact
shall be contacted a minimum of 72 hours prior to the time the cable work commences. The FAA reserves
the right to have a FAA representative on site to observe the splicing of the cables as a condition of
acceptance. All cable splices are to be accomplished in accordance with FAA specifications and require
approval by the FAA Point -of -Contact as a condition of acceptance by the Owner. The Contractor is
hereby advised that FAA restricts the location of where splices may be installed. If a cable splice is
required in a location that is not pertnitted by FAA, the Contractor shall famish and install a sufficient
length ofnew cable that eliminates the need for any splice.
70-16 Furnishing rights -of -way. The Owner will be responsible for furnishing all rights -of -way upon
which the work is to be constructed in advance of the Contractor's operations.
70-17 Personal liability of public officials. In carrying out any of the contract provisions or in exercising
any power or authority granted by this contract, there shall be no liability upon the Engineer, RPR, their
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 their surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor
to fulfill their obligations under the contract. A waiver on the part of the Owner of any breach of any part
of the contract shall not be held to be a waiver of any other or subsequent breach.
The Contractor, without prejudice to the terms of the contract, shall be liable to the Owner for latent
defects, fraud, or such gross mistakes as may amount to fraud or as regards the Owner's rights under any
warranty or guaranty.
70-19 Environmental protection. The Contractor shall comply with all federal, state, and local laws and
regulations controlling pollution ofthe environment. The Contractor shall take necessary precautions to
prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, asphalts, 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 their operations, any building, part of a building, structure, or
object that is incongruous with its surroundings, the Contractor shall immediately cease operations in that
Section 70 Legal Regulations and Responsibility to Public
location and notify the RPR- The RPR will immediately investigate the Contractor's finding and the
Owner will direct the Contractor to either resume operations or to suspend operations as directed.
Should the Owner order suspension of the Contractor's operations in order to protect an archaeological or
historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate
contract change order or supplemental agreement as provided in Section 40, paragraph 40-04, Extra
World and Section 90, paragraph 90-05, Paymeni for Extra Work. If appropriate, the contract change
order or supplemental agreement shall include an extension of contract time in accordance with Section
80, paragraph 80-07, Determination and Extension of Contract Time.
70-21 Insurance Requirements.
The Contractor shall indemnify, save harmless, and waive their right to subrogate against the Engineer and the
Owner, and their respective officers and employees, (individually and collectively, the "Indemnified Parties"), from
and against any and all suits, judgments, actions, claims and liabilities, of any character, brought bemuse of or
arising out of any personal or bodily injury or damage received or sustained by any person(s) 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 bemuse of any act or omission, neglect or
misconduct of said Contractor, or bemuse of any claims or amounts recovered from any infringement(s) 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 to the Contractor under and by virtue of its 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 or her surety may be held until such suits, judgments, actions, claims or liabilities for injuries
or damages as aforesaid, shall have been settled and suitable evidence to that effect famished to the Owner, except
that money due to the Contactor will not be withheld when the Contractor produces satisfactory evidence that it is
adequately protected by public liability and/or property damage insurance, as applicable, in accordance with the
coverages outlined in the insurance section below. Contractor's insurance coverage shall be primary and the
insurance of the Engineer and the Owner, and their respective officers and employees, (individually and collectively,
the "Indemnified Parties") shall not contribute in any way for incidents brought because of or arising out of any
personal or bodily injury or damage received or sustained by any person(s) 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 bemuse of any act or omission, neglect or misconduct of said
Contractor; or because of any claims or amounts recovered from any infringement(s) 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.
INSURANCE (LIABILITY). Before commencing the work hereunder, Contractor shall pay for (as part of the cost
of the work), and shall keep in full force and effect during the entire term hereof, insurance issued by a company
satisfactory to Owner, and qualified to do business in the state the project is located, as follows:
1. Worker's Compensation Insurance. CONTRACTOR shall file with Owner a certification that
CONTRACTOR carries Worker's Compensation Insurance in the sum as required by the law of the state
the project is in.
2. Bodily Injury and Property Damage. CONTRACTOR shall file with Owner copies of completed
Certificates of Insurance, as evidence that CONTRACTOR carries adequate insurance, satisfactory to
Owner, to provide protection against all claims for damages to public or private property, and for bodily
injury and/or death to persons, arising out of and during the performance of the Contract, and to protect
Owner's premises on or near the location on which construction operations are to be performed.
a. Bodily Injury and Property Damage Other Than Automobile.
Unless otherwise specifically required by provisions in the proposal, the minimum limits of
property damage and bodily injury liability covering each contract shall be:
$3,000,000 per occurrence
Comprehensive Automobile Liability Insurance.
70 Legal Regulations and Responsibility to Public
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Includes coverage for any vehicle owned by the entity or used for the benefit of the operation on
airport (including, but not limited to, all owned, non -owned, hired, licensed or unlicensed, vehicles
or leased vehicles, and providing automatic coverage for newly acquired vehicle, covering Bodily
Injury (including death) and Property Damage Liability with a combined single limit of not less
than the limits set forth below:
$3,000,000 per occurrence
Umbrella or Excess Liability
In lieu of the total limits of liability being provided under the primary Commercial General
Liability and Automobile Liability insurance, the entities or outside parties may provide the
liability limit specified by means of a combination of primary and Umbrella/Excess Liability
insurance. The Umbrella/Excess Liability coverage must be as broad as or broader than the
primary insurance policies.
If Umbrella policies are utilized to meet any limits as prescribed above, all applicable Umbrella
policies are required to be endorsed to meet the requirements of coverage as outlined for Worker's
Compensation, Automobile Liability, and Commercial General Liability.
Owners Protective Liability.
Where required as an incident to compliance with Federal laws and regulations, bodily injury and
property damage protection shall be extended to Owner and Engineer and its agents.
Builder's Risk Insurance.
If the project involves a building or structure, the Contractor shall maintain Builder's Risk
Insurance at a financial level to cover the cost of the completed project. If the amount of the
original contract is increased by change order, the amount of Builder's Risk Insurance coverage
must include the increase in the project cost
3. Reports. At the request of Owner or its agent, CONTRACTOR or its insurance carrier shall report claims
received, inspections made, and disposition of claims.
The Owner, the Engineer, and the Construction Managers, and their respective officers, directors, employees,
representatives and agents shall be named as an "additional insured", using Contractors Endorsement (CG2010
Ed. 11-55 or its equivalent) or a comparable Blanket Additional Insured Endorsement "which includes both
premises liability coverage as well as products and completed operations coverage". Contractor shall also
provide the proper endorsement(s) and policy corresponding to Contractor naming the Owner, the Engineer, and
the Construction Managers, and their respective officers, directors, employee, representatives and agents as an
"additional insured."
Coverage provided to the Owner, the Engineer, and the Construction Managers, as additional insureds under the
contractors' liability policy, shall apply on a primary and non-contributory basis.
Before commencing any work on the project, Contractor shall famish to the Owner, the Engineers, and the
Construction Managers, and any other persons designated by the Owner, certificates issued by the company or
companies issuing such insurance, evidencing that such insurance is in full force and effect and expressly
providing that no such insurance may be cancelled or changed without at least thirty (30) days' prior written
notice thereof.
Section 70 Legal Regulations and Responsibility to Public
In addition, if requested by the Owner, the Engineer, or the Construction Managers, duplicate policies and
applicable policy endorsements shall be furnished. At the request of the Owner, the Engineer, or the
Construction Managers, the Contractor also shall promptly cause any and all government agencies and political
subdivisions having an interest in the project, or any part thereof, to be named as additional insured parties
under all of the aforesaid liability and casualty insurance policies, and shall furnish insurance certificates to
them. The Contractor shall not commence or permit any subcontractor to commence any work until each has
fully complied with the insurance requirements set forth herein..
END OF SECTION 70
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Section 70 Legal Regulations and Responsibility to Public
Section 80 Execution and Progress
80-01 Subletting of contract. The Owner will not recognize any subcontractor on the work. The
Contractor shall at all times when work is in progress be represented either in person, by a qualified
superintendent, or by other designated, qualified representative who is duly authorized to receive and
execute orders of the Resident Project Representative (RPR).
The Contractor shall perform, with his organization, an amount of work equal to at least [-1 percent of
the total contract cost.
Should the Contractor elect to assign their 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 0
written approval of the Owner. .
The Contractor shall provide copies of all subcontracts to the RPR 14 days prior to being utilized O
on the project. As a minimum, the information shall include the following:
• Subcontractor's legal company name.
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• Subcontractor's legal company address, including County name.
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• Principal contact person's name, telephone and fax number.
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• Complete narrative description, and dollar value of the work to be performed by the
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subcontractor.
• Copies of required insurance certificates in accordance with the specifications.
• Minority/ non -minority status.
80-02 Notice to proceed (NTP). The Owners notice to proceed will state the date on which contract time
commences. The Contractor is expected to commence project operations within 3 days ofthe NTP date.
The Contractor shall notify the RPR at least 24 hours in advance ofthe time contract operations begins.
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The Contractor shall not commence any actual operations prior to the date on which the notice to proceed',
is issued by the Owner.
80-03 Execution and progress. Unless otherwise specified, the Contractor shall submit their coordinated
construction schedule showing all work activities for the RPR's review and acceptance at least 10 days
prior to the start of work. The Contractor's progress schedule, once accepted by the RPR, will represent
the Contractor's baseline plan to accomplish the project in accordance with the terms and conditions of
the Contract. The RPR will compare actual Contractor progress against the baseline schedule to determine
that status of the Contractor's performance. 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 RPR's
request, submit a revised schedule for completion of the work within the contract time and modify their
operations to provide such additional materials, equipment, and labor necessary to meet the revised
schedule. Should the execution of the work be discontinued for any reason, the Contractor shall notify the
RPR at least 24 hours in advance of resuming operations.
Section 80 Execution and Progress
The Contractor shall not commence any actual construction prior to the date on which the NTP is issued
by the Owner.
The project schedule shall be prepared as a network diagram in Critical Path Method (CPM), Program
Evaluation and Review Technique (PERT), or other format, or as otherwise specified. It shall include
information on the sequence of work activities, milestone dates, and activity duration. The schedule shall
show all work items identified in the project proposal for each work area and shall include the project
start date and end date.
The Contractor shall maintain the work schedule and provide an update and analysis of the progress
schedule on a [ twice ] monthly basis, or as otherwise specified in the contract. Submission of the
work schedule shall not relieve the Contractor of overall responsibility for scheduling, sequencing, and
coordinating all work to comply with the requirements of the contract.
80-04 Limitation of operations. The Contractor shall control their operations and the operations of their
subcontractors and all suppliers to provide for the free and unobstructed movement of aircraft in the air
operations areas (AOA) of the airport.
When the work requires the Contractor to conduct their operations within an AOA of the airport, the work
shall be coordinated with airport operations (through the RPR) at least [ 4 8 hours ] prior to
commencement of such work. The Contractor shall not close an AOA until so authorized by the RPR and
until the necessary temporary marking, signage and associated lighting is in place as provided in Section
70, paragraph 70-08, Consimclion Safety and Phasing Plan (CSPP).
When the contract work requires the Contractor to work within an AOA of the airport on an intermittent
basis (intermittent opening and closing of the AOA), the Contractor shall maintain constant
communications as specified; immediately obey all instructions to vacate the AOA; and immediately
obey all instructions to resume work in such AOA. Failure to maintain the specified communications or to
obey instructions shall be cause for suspension of the Contractor's operations in the AOA until
satisfactory conditions are provided. The areas of the AOA identified in the Construction Safety Phasing
Plan (CSPP), 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.
The Contractor shall be required to conform to safety standards contained in AC 150/5370-2, Operational
Safety on Airports During Construction and the approved CSPP.
80-04.1 Operational safety on airport during construction. All Contractors' operations shall be
conducted in accordance with the approved project Construction Safety and Phasing Plan (CSPP) and the
Safety Plan Compliance Document (SPCD) and the provisions set forth within the current version of AC
150/5370-2. Operational Safety on Airports During Construction. The CSPP included within the contract
documents conveys minimum requirements for operational safety on the airport during construction
activities. The Contractor shall prepare and submit a SPCD that details how it proposes to comply with
the requirements presented within the CSPP.
The Contractor shall implement all necessary safety plan measures prior to commencement of any work
activity. The Contractor shall conduct routine checks to assure compliance with the safety plan measures.
The Contractor is responsible to the Owner for the conduct of all subcontractors it employs on the project.
The Contractor shall assure that all subcontractors are made aware of the requirements of the CSPP and
SPCD and that they implement and maintain all necessary measures.
No deviation or modifications may be made to the approved CSPP and SPCD unless approved in writing
by the Owner. The necessary coordination actions to review Contractor proposed modifications to an
approved CSPP or approved SPCD can require a significant amount of time.
Section 80 Execution and Progress
80-OS Character of workers, methods, and equipment. The Contractor shall, at all times, employ
sufficient labor and equipment for prosecuting the work to full completion in the manner and time
required by the contract, plans, and specifications.
All workers shall have sufficient skill and experience to perform properly the work assigned to them.
Workers engaged in special work or skilled work shall have sufficient experience in such work and in the
operation of the equipment required to perform the work satisfactorily.
Any person employed by the Contractor or by any subcontractor who violates any operational regulations
or operational safety requirements and, in the opinion of the RPR, does not perform his work in a proper
and skillful manner or is intemperate or disorderly shall, at the written request of the RPR, be removed
immediately by the Contractor or subcontractor employing such person, and shall not be employed again
in any portion of the work without approval of the RPR
Should the Contractor fail to remove such person or persons, or fail to furnish suitable and sufficient'
personnel for the proper execution of the work, the RPR may suspend the work by written notice until
compliance with such orders.
All equipment that is proposed to be used on the work shall be of sufficient size and in such mechanical
condition as to meet requirements of the work and to produce a satisfactory quality of work. Equipment
used on any portion ofthe work shall not cause injury to previously completed work, adjacent property,
or existing airport facilities due to 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 otherwise authorized by the RPR. If the Contractor desires to use a method or type of
equipment other than specified in the contract, the Contractor may request authority from the RPR 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 RPR 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 RPR may direct. No change will be made in basis ofpayment for the
contract items involved nor in contract time as a result of authorizing a change in methods or equipment
under this paragraph.
80-06 Temporary suspension of the work. The Owner shall have the authority to suspend tire work
wholly, or in part, for such period or periods the Owner may deem necessary, due to unsuitable weather,
or other conditions considered unfavorable for the execution of the work, or for such time 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 written order to suspend work to the effective date of the written order to resume the
work. Claims for such compensation shall be filed with the RPR within the time period stated in the
RPR's order to resume work. The Contractor shall submit with their own claim information substantiating
the amount shown on the claim. The RPR will forward the Contractor's claim to the Owner for
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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 or for any other delay
provided for in the contract, plans, or specifications.
If it becomes necessary to suspend work for an indefinite period, the Contractor shall store all materials in
such manner that they will not become an obstruction nor become damaged in any way. The Contractor
shall take every precaution to prevent damage or deterioration ofthe work performed and provide for
normal drainage ofthe 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 days, the number of
working days, or the completion date shall be stated in the proposal and contract and shall be known as
the Contract Time.
If the contract time requires extension for reasons beyond the Contractor's control, it shall be adjusted as
follows:
80-07.1 Contract time based on working days. Contract time based on working days shall be
calculated weekly by the Resident Project Representative (RPR). The RPR will furnish the Contractor a
copy of their weekly statement ofthe number of working days charged against the contract time during
the week and the number of working days currently specified for completion ofthe 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 weekly statement of contract time charged is based on the following considerations:
(1) Time will be charged for days on which the Contractor could proceed with scheduled work
under construction at the time for at least six (6) hours with the normal work force employed on such
items. When normal work force is a double -shift, use 12 hours; and when the normal work force is on a
triple -shift, use 18 hours. Conditions beyond the Contractor's control such as strikes, lockouts, unusual
delays in transportation, temporary suspension of the scheduled work items 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 RPR will not make charges against the contract time prior to the effective date of the
notice to proceed.
(3) The RPR will begin charges against the contract time on the first working day after the
effective date ofthe notice to proceed.
(4) The RPR will not make charges against the contract time after the date of final acceptance as
defined in Section 50, paragraph 50-14, Final Acceptance.
(5) The Contractor will be allowed one (1) week in which to file a written protest setting forth
their own objections to the RPR's weekly statement. Ifno 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 Section 20, paragraph 20-05, Interpretation ofEstimaled Proposal Quantities. Should the
satisfactory completion ofthe contract require performance ofwork in greater quantities than those
estimated in the proposal, the contract time shall be increased in the same proportion as the cost ofthe
actually completed quantities bears to the cost ofthe originally estimated quantities in the proposal. Such
increase in contract time shall not consider either the cost of work or the extension of contract time that
has been covered by change order or supplemental agreement and shall be made at the time of final
payment.
Contract time based on calendar days. Contract Time based on calendar days shall consist ofthe
number of calendar days stated in the contract counting from the effective date ofthe Notice to Proceed
Section 80 Execution and Progress
and including all Saturdays, Sundays, holidays, and non -work days. All calendar days elapsing between
the effective dates ofthe Owner's orders to suspend and resume all work, due to causes not the fault of
the Contractor, shall be excluded.
At the time of final payment, the contract time shall be increased in the same proportion as the cost of
the actually completed quantities bears to the cost ofthe 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 ofthe date of final acceptance.
Contract time based on specific completion date. When the contract time is a specified completion
date, it shall be the date on which all contract work shall be substantially complete.
If the Contractor finds it impossible for reasons beyond their own control to complete the work within
the contract time as specified, or as extended in accordance with the provisions of this paragraph, the
Contractor may, at any time prior to the expiration ofthe contract time as extended, make a written
request to Ore Owner for an extension of time setting forth the reasons which the Contractor believes will
justify the granting of their own request. Requests for extension of time, caused by inclement weather,
shall be supported with National Weather Bureau data showing the actual amount of inclement weather
exceeded what could normally be expected during the contract period. The Contractor's plea that
insufficient time was specified is not a valid reason for extension of time. Ifthe supporting documentation
justify the work was delayed because ofconditions beyond the control and without the fault ofthe
Contractor, the Owner may extend the time for completion by a change order that adjusts the contract
time or completion date. The extended time for completion shall then be in full force and effect, the same
as though it were the original time for completion.
80-08 Failure to complete on time. For each calendar day or working day, as specified in the contract,
that any work remains uncompleted after the contract time (including all extensions and adjustments as
provided in paragraph 80-07, Determination and Extension ofConiract Time) the sum specified in the
contract and proposal as liquidated damages (LD) will be deducted from any money due or to become due
the Contractor or their own surety. Such deducted sums shall not be deducted as a penalty but shall be
considered as liquidation of a reasonable portion of damages including but not limited to additional
engineering services that will be incurred by the Owner should the Contractor fail to complete the work in
the time provided in their contract.
The maximum construction time allowed for Schedules SEE SPECIAL PROVISIONS will be the sum
of the time allowed for individual schedules but not more than SEE SPECIAL PROVISIONS days.
Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its
completion, or after the date to which the time for completion may have been extended, will in no way
operate as a wavier on the part ofthe Owner of any of its rights under the contract.
80-09 Default and termination of contract. The Contractor shall be considered in default of their
contract and such default will be considered as cause for the Owner to terminate the contract for any of
the following reasons, if the Contractor:
a. Fails to begin the work under the contract within the time specified in the Notice to Proceed, or
b. Fails to perform the work or fails to provide sufficient workers, equipment and/or materials to
assure completion of work in accordance with the terms ofthe contract, or
c. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such
work as may be rejected as unacceptable and unsuitable, or
d. Discontinues the execution ofthe work, or
e. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or
Section 80 Execution and Progress
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E Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or
g. Allows any final judgment to stand against the Contractor unsatisfied for a period of 10 days, or
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 above, the Owner 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 RPR 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 execution 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 RPR 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 execution 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 may be designated by the RPR
Termination of the contract or a portion thereof shall neither relieve the Contractor of their
responsibilities for the completed work nor shall it relieve their 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 RPR prior to beginning any work in all areas of the airport. No operating runway, taxiway, or air
operations area (AOA) shall be crossed, entered, or obstructed while it is operational. The Contractor
shall plan and coordinate work in accordance with the approved CSPP and SPCD.
END OF SECTION 80
Section 80 Execution and Progress
Section 90 Measurement and Payment
90-01 Measurement of quantities. All work completed under the contract will be measured by the RPR,
or their authorized representatives, using United States Customary Units of Measurement.
The method of measurement and computations to be used in determination of quantities of material
famished and of work performed under the contract will be those methods generally recognized as
conforming to good engineering practice.
Unless otherwise specified, longitudinal measurements for area computations will be made horizontally,
and no deductions will be made for individual fixtures (or leave -outs) having an area of 9 square feet (0.8
square meters) or less. Unless otherwise specified, transverse measurements for area computations will be
the neat dimensions shown on the plans or ordered in writing by the RPR.
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.
The tern "lump sam" 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.
When requested by the Contractor and approved by the RPR 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 RPR and shall be agreed to by the Contractor before such method of
measurement of pay quantities is used.
Measurement and Payment Terms
Term
Description
Excavation and
In computing volumes of excavation, the average end area method will be used unless
Embankment
otherwise specified.
Volume
Measurement and
The term "ton' will mean the short ton consisting of 2,000 pounds (907 km) avoirdupois.
Proportion by
All materials that are measured or proportioned by weights shall be weighed on accurate,
Weight
independently certified scales by competent, qualified personnel at locations designated
by the RPK If material is shipped by rail, the car weight may be accepted provided that
only the actual weight of material is paid for. However, car weights will not be
acceptable for material to be passed through mixing plants. Trucks used to haul material
being paid for by weight shall be weighed empty daily at such times as the RPR directs,
and each truck shall bear a plainly legible identification mark.
Measurement by
Materials to be measured by volume in the hauling vehicle shall be hauled in approved
Volume
vehicles and measured therein at the point of delivery. Vehicles for this purpose may be
of any size or type acceptable for the materials hauled, provided that the body is of such
shape that the actual contents may be readily and accurately determined. All vehicles
Section 80 Execution and Progress
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Term
Description
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.
Asphalt Material
Asphalt materials will be measured by the gallon (liter) or ton (kg). When measured by
volume, such volumes will be measured at 60°F (16°C) or will be corrected to the
volume at 60oF (16°C) using ASTM D 1250 for asphalts. 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 asphalt material has been lost from the car or
the distributor, wasted, or otherwise not incorporated in the work. When asphalt
materials are shipped by truck or transport, net certified weights by volume, subject to
correction for loss or foaming, will be used for computing quantities.
Cement
Cement will be measured by the ton (kg) or hundredweight (km).
Structure
Structures will be measured according to neat lines shown on the plans or as altered to fit
field conditions.
Timber
Timber will be measured by the thousand feet board measure (MFBM) actually
incorporated in the structure. Measurement will be based on nominal widths and
thicknesses and the extreme length of each piece.
Plates and Sheets
The thickness of plates and galvanized sheet used in the manufacture of corrugated metal
pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and
measured in decimal fraction of inch.
Miscellaneous Items
When standard manufactured items are specified such as fence, wire, plates, rolled
shapes, pipe conduit, etc., and these items are identified by gauge, unit weight, section
dimensions, etc., such identification will be considered to be nominal weights or
dimensions. Unless more stringently controlled by tolerances in cited specifications,
manufacturing tolerances established by the industries involved will be accepted.
Scales
Scales must be tested for accuracy and serviced before use. 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. Platform scales shall be installed and maintained with the
platform level and rigid bulkheads at each end.
Scales shall be accurate within 0.5 % of the correct weight throughout the range of use.
The Contractor shall have the scales checked under the observation of the RPR 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 0.1 % of the nominal rated capacity of the scale, but not less than one pound (454
grams). The use of spring balances will not be permitted.
In the event inspection reveals the scales have been "overweighing" (indicating more
than correct weight) they will be immediately adjusted. All materials received
subsequent to the last previous correct weighting -accuracy test will be reduced by the
percentage of error in excess of 0.5%.
In the event inspection reveals the scales have been under -weighing (indicating less than
correct weight), they shall be immediately adjusted. No additional payment to the
Contractor will be allowed for materials previously weighed and recorded.
Beams, dials, platforms, and other scale equipment shall be so arranged that the operator
and the RPR can safely and conveniently view them.
Section 80 Execution and Progress
Term
Description
Scale installations shall have available ten standard 50-pound (2.3 km) weights for
testing the weighing equipment or suitable weights and devices for other approved
equipment. .
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
Rental Equipment
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 in connection with extra work will be measured as agreed in the
change order or supplemental agreement authorizing such work as provided in paragraph
90-05 Paytneni for Ewra Work.
Pay Quantities
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 RPR_ 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 execution thereof, subject to the provisions of Section 70, paragraph
70-18, No Waiver of Legal Rights.
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 ofwork 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 Section 40, paragraph 40-02, Alteration of Work
and Qaantilies, 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 their own unbalanced allocation of overhead and profit among die contract items, or from
any other cause.
90-04 Payment for omitted items. As specified in Section 40, paragraph 40-03, Orrrilied liens, the RPR
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 RPR 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 RPR's order to omit or non -perform such contract item.
Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the RPR's
order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the
Owner.
Section 80 Execution and Progress
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In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual
costs incurred for the purpose ofperforming the omitted contract item prior to the date ofthe RPR's
order. Such additional costs incurred by the Contractor must be directly related to the deleted contract
item and shall be supported by certified statements by the Contractor as to the nature the amount of such
costs.
90-05 Payment for extra work Extra work, performed in accordance with Section 40, paragraph 40-04,
Extra Work, will be paid for at the contract prices or agreed prices specified in the change order or
supplemental agreement authorizing the extra work.
90-06 Partial payments. Partial payments will be made to the Contractor at least once each month as the
work progresses. Said payments will be based upon estimates, prepared by the RPR, ofthe value ofthe
work performed and materials complete and in place, in accordance with the contract, plans, and
specifications. Such partial payments may also include the delivered actual cost ofthose materials
stockpiled and stored in accordance with paragraph 90-07, Payment forMateriais on Hand. No partial
payment will be made when the amount due to the Contractor since the last estimate amounts to less than
five hundred dollars. ,
a. From the total ofthe amount determined to be payable on a partial payment, 5
percent of such total amount will be deducted and retained by the Owner for
protection ofthe Owner's interests. Unless otherwise instructed by the Owner, the
amount retained by the Owner will be in effect until the final payment is made except
as follows:
(1) Contractor may request release of retainage on work that has been partially
accepted by the Owner in accordance with Section 50-14. Contractor must provide a
certified invoice to the RPR that supports the value of retainage held by the Owner
for partially accepted work.
(2) In lieu ofretainage, the Contractor may exercise at its option the establishment of
an escrow account per paragraph 90-08.
b. The Contractor is required to pay all subcontractors for satisfactory performance of
their contracts no later than 30 days after the Contractor has received a partial
payment. Contractor must provide the Owner evidence of prompt and full payment
of retainage held by the prime Contractor to the subcontractor within 30 days after
the subcontractor's work is satisfactorily completed. A subcontractor's work is
satisfactorily completed when all the tasks called for in the subcontract have been
accomplished and documented as required by the Owner. When the Owner has made
an incremental acceptance of a portion of a prime contract, the work of a
subcontractor covered by that acceptance is deemed to be satisfactorily completed.
c. When at least 95% ofthe work has been completed to the satisfaction of the RPR,
the RPR shall, at the Owner's discretion and with the consent ofthe surety, prepare
estimates of both the contract value and the cost ofthe remaining work to be done.
The Owner may retain an amount not less than twice the contract value or estimated
cost, whichever is greater, of the work remaining to be done. The remainder, less all
previous payments and deductions, will then be certified for payment to the
Contractor.
It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment
based on quantities of work in excess of those provided in the proposal or covered by approved change
orders or supplemental agreements, except when such excess quantities have been determined by the RPR
to be a part ofthe final quantity for the item of work in question.
Section 80 Execution and Progress
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
paragraph 90-09, Acceptance and Final Payment.
The Contractor shall deliver to the Owner a complete release of all claims for labor and material arising
out of this contract before the final payment is made. If any subcontractor or supplier fails to furnish such
a release in full, the Contractor may furnish a bond or other collateral satisfactory to the Owner to
indemnify the Owner against any potential lien or other such claim. The bond or collateral shall include
all costs, expenses, and attorney fees the Owner may be compelled to pay in discharging any such lien or
claim.
90-07 Payment for materials on hand. Partial payments may be made to the extent ofthe 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 RPR at or on an approved
site.
b. The Contractor has famished the RPR with acceptable evidence of the quantity and quality of such
stored or stockpiled materials.
c. The Contractor has furnished the RPR 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 anykind) to .
the material stored or stockpiled.
e. The Contractor has furnished the Owner evidence that the material stored or stockpiled is insured
against loss by damage to or disappearance of such materials at any time prior to use in the work.
It is understood and agreed that the transfer of title and the Owner's payment for such stored or stockpiled
materials shall in no way relieve the Contractor of their 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 paragraph.
90-08 Payment of withheld funds. At the Contractor's option, if an Owner withholds retainage in
accordance with the methods described in paragraph 90-06 Partial Payments, the Contractor may request
that the Owner deposit the retainage into an escrow account. The Owner's deposit of retainage into an
escrow account is subject to the following'conditions:
a. The Contractor shall bear all expenses of establishing and maintaining an escrow account and
escrow agreement acceptable to the Owner.
b. The Contractor shall deposit to and maintain in such escrow only those securities or bank
certificates of deposit as are acceptable to the Owner and having a value not less than the retainage that
would otherwise be withheld from partial payment.
c. The Contractor shall enter into an escrow agreement satisfactory to the Owner.
d. The Contractor shall obtain the written consent ofthe surety to such agreement.
Section 80 Execution and Progress
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90-09 Acceptance and final payment. When the contract work has been accepted in accordance with the
requirements of Section 50, paragraph 50-15, Final Acceptance, the RPR will prepare the final estimate of
the items of work actually performed. The Contractor shall approve the RPR's final estimate or advise the
RPR of the Contractor's objections to the final estimate which are based on disputes in measurements or
computations of the final quantities to be paid under the contract as amended by change order or
supplemental agreement. The Contractor and the RPR shall resolve all disputes (if any) in the
measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's
receipt of the RPR's final estimate. If, after such 30-day period, a dispute still exists, the Contractor may
approve the RPR's estimate under protest of the quantities in dispute, and such disputed quantities shall
be considered by the Owner as a claim in accordance with Section 50, paragraph 50-16, Claims for
Adjustment and Disputes.
After the Contractor has approved, or approved under protest, the RPR's final estimate, and after the
RPR's receipt of the project closeout documentation required in paragraph 90-11, Contractor Final
Project Documentation, 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 Section 50,
paragraph 50-16, Claims forAdjustments and Disputes, or under the provisions of this paragraph, such
claims will be considered by the Owner in accordance with local laws or ordinances. Upon final
adjudication of such claims, any additional payment determined to be due the Contractor will be paid
pursuant to a supplemental final estimate.
90-10 Construction warranty.
a. In addition to any other warranties in this contract, the Contractor warrants that work performed
under this contract conforms to the contract requirements and is free of any defect in equipment, material,
workmanship, or design famished, or performed by the Contractor or any subcontractor or supplier at any
tier.
b. This warranty shall continue for a period of one year from the date of final acceptance of the work,
except as noted. If the Owner takes possession of any part of the work before final acceptance, this
warranty shall continue for a period of one year from the date the Owner takes possession. However, this
will not relieve the Contractor from corrective items required by the final acceptance of the project work.
Light Emitting Diode emitting diode (LED) light fixtures with the exception of obstruction lighting, must
be warranted by the manufacturer for a minimum of four (4) years after date of installation inclusive of all
electronics.
c. The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In
addition, the Contractor shall remedy at the Contractor's expense any damage to Owner real or personal
property, when that damage is the result of the Contractor's failure to conform to contract requirements;
or any defect of equipment, material, workmanship, or design furnished by the Contractor.
d. The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause.
The Contractor's warranty with respect to work repaired or replaced will run for one year from the date of
repair or replacement.
e. The Owner will notify the Contractor, in writing, within[ seven (7) ] days after the
discovery of any failure, defect, or damage.
E If the Contractor fails to remedy any failure, defect, or damage within[ 14 ] days after receipt of
notice, the Owner shall have the right to replace, repair, or otherwise remedy the failure, defect, or
damage at the Contractor's expense.
g. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers
for work performed and materials famished under this contract, the Contractor shall: (1) Obtain all
warranties that would be given in normal commercial practice; (2) Require all warranties to be executed,
in writing, for the benefit of the Owner, as directed by the Owner, and (3) Enforce all warranties for the
benefit of the Owner.
h. This warranty shall not limit the Owner's rights with respect to latent defects, gross mistakes, or
fraud.
90-11 Contractor Final Project Documentation. Approval of final payment to the Contractor is
contingent upon completion and submittal of the items listed below. The final payment will not be
approved until the RPR approves the Contractor's final submittal. The Contractor shall:
a. Provide two (2) copies of all manufacturers warranties specified for materials, equipment, and
installations.
b. Provide weekly payroll records (not previously received) from the general Contractor and all
subcontractors.
c. Complete final cleanup in accordance with Section 40, paragraph 40-08, Final Cleanup.
d. Complete all punch list items identified during the Final Inspection.
e. Provide complete release of all claims for labor and material arising out ofthe Contract.
f. Provide a certified statement signed by the subcontractors, indicating actual amounts paid to the
Disadvantaged Business Enterprise (DBE) subcontractors and/or suppliers associated with the project.
g. When applicable per state requirements, return copies of sales tax completion forms.
h. Manufacturer's certifications for all items incorporated in the work.
I. All required record drawings, as -built drawings or as -constructed drawings.
j. Project Operation and Maintenance (O&M) Manual(s).
k. Security for Construction Warranty.
1. Equipment commissioning documentation submitted, if required.
Section 80 Execution and Progress 47 Section 80 Execution and Progress
END OF SECTION 90
Vendors shall certify that the components constituting the whole of the equipment being supplied comply
with the applicable performance, design and construction requirements of the specifications contained in
Federal Aviation Administration Advisory Circular AC 150/5220-20. A signed copy of the certification form
below shall be made part of the equipment documentation before the Owner will accept the equipment. A
certification may be for the whole by the supplier of the equipment or in part by each manufacturer.
However, one shall make one certification responsible for all the parts of equipment connected as a
whole unit as delivered to the airport.
MANUFACTURERS COMPLIANCE WITH AC 150/5220-20 CERTIFICATION FORM
this Certificate in behalf of
manufacturer
authorized to execute and deliver
as
of the . certify that the components
constituting the whole of the equipment being supplied comply with the applicable
performance, design and construction requirements of the specifications contained in
Federal Aviation Administration Advisory Circular AC 150/5220-20.
MANUFACTURER'S NAME
ADDRESS
Dated: 20_
(Print or Type Individual, Firm, or Corporation)
(Seal)
By:
(Signature)
(Print or Type Signature's Name)
Title:
(Print or Type Title of Signature)
ATTEST:
(Signature)
(Print or Type Signature's Name)
MULTI -TASKING EQUIPMENT (MTE) POWER UNIT
a.) GENERAL:
t. The Equipment must be new and a current production model certified to meet
Federal Aviation Administration Advisory Circular 150/5220-20 most recent
edition.
it. All specifications advertised comply with SAE engineering standards.
b.) SAFTEY AND SECURITY:
I. Unit to be equipped with a seat bell and meets SAE A 194 and OSHA
1928.52 specifications.
ii. Unit to be equipped with a Slow Moving Vehicle Emblem, neutral start safety
switch, operator presence switch and must be equipped to meet latest
federal safety standards.
c.) 2.WHEELBASE:
I. Must pass 100-foot wall to wall maximum turning test
d.) ENGINE: Water-cooled, standard catalog diesel engine. Cold Start Package
Installed.
e.) PTO: Power Take -Off shall be at both ends of the MTE, sufficient power to operate
all specified attachements.
f.) TRANSMISSION:
I. Unit shall be four wheel drive with standard transfer case.
g.) CAB::
L Standard Operators Cab, with standard glass.
it. Standard rear view mirror(s)
lit. Standard sun visor
iv. Windshield deluge system
v. Audible Back Up Alarm
h.) STEERING: Standard catalog steering.
I.) HYDRAULIC SYSTEM:
L TYPE: Must be sufficient to employ specified attachments
j.) 3-POINT QUICK HITCH: Must be sufficient to employ specified attachments, both
ends of MTE.
k.) ELECTRICAL SYSTEM:
t. LIGHTING:
a. Standard lighting package.
I.) OPERATOR STATION:
I. Rotating beacon light
m.) ADDITIONAL SPECIFICATIONS, as part of bid:
I. Warranty:
1. The manufacturer is to supply a minimum Basic Warranty Full
Coverage.
2. The manufacturers warranty for the complete unit shall be submitted
in writing with the bid.
3. The warranty shall provide for the replacement of all defective parts
during the warranty period.
4. Such replacement shall be performed at no cost to the OWNER.
5. In addition to the manufacturers basic warranty on the MTE, a basic
warranty shall cover all components.
it. Paint: Tractor/Power unit shall be Chrome Yellow in accordance with FAA
Advisory Circular 150/5210-5D "Painting, Marking, and Lighting of Vehicles
Used on an Airport.
iii. Training Program
1. The successful bidder shall provide, at no cost to the OWNER,
operator and mechanic training seminars after delivery of the unit.
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2. The training shall be held at the Richmond Municipal Airport and shall
be of sufficient length to fully acquaint and train all operators and
mechanics.
3. The OWNER reserves the right to request a demonstration of the
proposed unit prior to award of the bid.
Delivery of Equipment:
1. Prior to delivery, each piece of equipment shall be serviced and
inspected by the Dealer or his agent.
2. A copy of the dealer's Inspection a service check, including the dealer
and equipment identification, check off of service and inspection
performed, and the service manager's signature, shall be furnished
with each item delivered.
3. The crank case, differential and transmission shall be filled to the
manufacturer's recommended capacity
4. The fuel tanks shall be filled when it arrives at the delivery
destination.
5. All equipment shall be free and Gear from defects when delivered.
SNOW BLOWER ATTACHMENT
a.) Compatible to mounting on and operation from MTE specified.
b.) Quick detach mounting
c.) Two stage blower with minimum 96 inch width of cut.
d.) 36 inch to 48 inch height of cut.
a.) Chute Rotation: minimum 200 degrees with hydraulic motor and hydraulic chute
deflector.
f.) Bolt on replaceable cutting edge. Reversible replacement skid shoes.
g.) All controls to operate from inside tractor cab.
h.) Must have the ability to cast all types of snow a minimum of 75 feet.
I.) To be fitted to MTE via three point hitch with quick coupler.
j.) To include one set of operator, parts and service manuals.
ROTARY BROOM ATTACHMENT
a.) Compatible to mounting on and operation from MTE specified.
b.) Parallel linkage angle broom compatible to mounting on and operation from MTE
specified.
c.) Minimum 12-foot brush width.
d.) 36-inch diameter brush.
a.) Electric/Hydraulic adjustment kit.
f.) Mountable on 3-point hitch with quick coupler.
g.) Dual motor design for high torque.
h.) Heavy duty solid rubber casters.
i.) To include one set of operator, parts and service manuals.
j.) Include full set replacement brushes compatible with sweeper attachment supplied
under this project.
4. HYDRAULIC POWERED EXTENDABLE SNOW PLOW/BLADE
a.) Compatible to mounting on and operation from tractor specified.
b.) Quick detach mounting for operation.
c.) Extendable from 10 feet to 16 feet wide.
d.) Moldboard height minimum 36 inches.
e.) Minimum Angle: 30 degrees left and right.
f.) End Gates: Both ends, hydraulic operated, minimum 36 Inches.
g.) All controls to operate from inside tractor cab.
h.) To be fitted to tractor via hitch with quick coupler.
I.) To include one set of operator, parts and service manuals.
END OF TECHNICAL PROVISIONS
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PART 3 - SPECIAL PROVISIONS
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CONSTRUCTION CONTRACT.
Under Article VI Payment Procedures paragraph 6.1 Partial Payments, the day for the Engineer to receive
the Contractor's application for payment is the first Thursday of each month.
GENERAL PROVISIONS.
10-63 SUBSTANTIAL COMPLETION.
Add the following new definition:
10-66 SUBSTANTIAL COMPLETION. "Substantial Completion" refers to the date when the
construction of a structure is sufficiently completed, in accordance with the plans and specifications,
as modified by any complete change orders agreed to by the parties, so that it can be used for which
it was intended.
20-02 PREQUALIFICATION OF BIDDERS.
Add the following:
Each bidder shall furnish to the owner with his bid executed Form 95 as prescribed by the Indiana
State Board of Account accompanied by all other Information specified In the "INSTRUCTIONS TO
BIDDERS" Section in front of Document.
Any successful Bidder on Municipal, Township, County or State work in the State of Indiana, whose
official address and/or place of business is outside the State of Indiana, must registerwith the Indiana
State Department of Revenue and make arrangements for payment of State Gross or Adjusted Gross
Income Tax. Satisfactory evidence of the registration must be submitted to the Owner prior to receipt
of any progress payment.
20-07 PREPARATION OF PROPOSAL.
Replace with the following:
20-07 PREPARATION OF PROPOSAL. The bidder shall submit his/her proposal on the forms
furnished by the owner. All blank spaces in the proposal forms must be correctly filled in where
Indicated for each and every item for which a quantity is given. The bidder shall state the price
(written in ink or typed) for which he proposes to do each pay item furnished in the proposal.
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.
Attention of the Bidders Is called to the fact that governmental units are exempt from the Indiana Gross
Tax (i.e., sales and use tax). All materials Incorporated as a material or integral part of construction
work for the State, County, Township, Municipality, its agencies and instrumentalities are exempt from
this tax. The authorized person will furnish upon request to the successful Bidder any needed
information for purposes of filling out the Exemption Certificate form.
Owner is also exempt from Federal Excise Tax. The federal register number will be furnished to the
successful Bidder upon request.
40-02 ALTERATION OF WORK AND QUANTITIES.
Replace with the following:
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. No change order shall be issued, which, in the aggregate, would
exceed 20 percent of the original amount set forth in the Contract. Alterations which do not exceed
the 20 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 Engineers opinion, such extensions are commensurate with the amount
and difficulty of added work. FA
80-07.1 CONTRACT TIME BASED ON CALENDAR DAYS
Add the following to the end of the section:
If the Contractor finds it Impossible for reasons beyond his or her control to complete the work
within the contract time as specified, or as extended in accordance with the provisions of this
subsection, the Contractor may, at any time prior to the expiration of the contract time as extended,
make a written request to the Owner for an extension of time selling forth the reasons which the
Contractor believes will justify the granting of his or her request. Requests for extension of time on
calendar day projects, caused by inclement weather, shall be supported'with National Weather
Bureau data showing the actual amount of Inclement weather exceeded what could normally be
expected during the contract period. The Contractors plea that insufficient time was specified is
not a valid reason for extension of time. If the supporting documentation justify the work was
delayed because of conditions beyond the control and without the fault of the Contractor, the Owner
may extend the time for completion by a change order that adjusts the contract time or completion
date. The extended time for completion shall then be in full force and effect, the same as though it
were the original time for completion.
80-08 FAILURE TO COMPLETE ON TIME.
Add the following:
SCHEDULE
LIQUIDATED DAMAGES
COST
'ALLOWED CONTRACT TIME
Equipment
Two Hundred Dollars
Continuous 365 calendar days
Procurement
($200.00) per calendar day
from date of Notice to Proceed to
Substantial Completion
Final Acceptance
Two Hundred Dollars
Continuous 28 calendar days from
$200.00per calendar day
date of issuance of Punch List
`A separate Notice to Proceed shall be issued for each phase.
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90-05 PAYMENT FOR EXTRA WORK.
Add the following:
When the change order or 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.
END OF SPECIAL PROVISIONS
RICHMOND MUNICIPAL AIRPORT
RICHMOND, INDIANA
PROCUREMENT OF SNOW REMOVAL MULTI -TASKING
EQUIPMENT (MTE) WITH HIGH-SPEED ROTARY PLOW,
�
SNOW PLOW, AND ROTARY BROOM ATTACHMENTS
)
FEDERAL AVIATION ADMINISTRATION
AIP PROJECT NO. AIP 3-18-0071-026
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CONTRACT DOCUMENTS
AND SPECIFICATIONS
RICHMOND BOARD OF
AVIATION COMMISSIONERS
RICHMOND MUNICIPAL AIRPORT
RICHMOND, INDIANA
FEDERAL AVIATION ADMINISTRATION
AIP PROJECT NO. AIP 3-18-0071-026
PROCUREMENT OF SNOW REMOVAL MULTI -TASKING EQUIPMENT
(MTE) WITH HIGH-SPEED ROTARY PLOW, SNOW PLOW, AND
ROTARY BROOM ATTACHMENTS
March 1, 2022
BUTLER, FAIRMAN and SEUFERT, INC.
8450 Westfield Boulevard, Suite 300
INDIANAPOLIS, INDIANA 46240-5920
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CERTIFIED BY:
DATE: March 1. 2022
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TABLE OF CONTENTS
SECTION
PAGE
ADVERTISEMENT FOR BIDS........................................................................................................AB-1
INSTRUCTION TO BIDDERS.........................................................................................................IB-1
PROPOSAL....................................................................................................................................
IP-1
NOTICEOF AWARD......................................................................................................................
NOA-1
NOTICE TO PROCEED..................................................................................................................
NTP-1
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CONTRACT REQUIREMENT, FOR FEDERAL AID PROJECTS ..................................................
FP-1
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PART 1— GENERAL PROVISIONS
Lg
Section 10 Definition of Terms
Q
Section 20 Proposal Requirements and Conditions
Section 30 Award and Execution of Contract
I
Section 40 Scope of Work
Section 50 Control of Work
Section 60 Control of Materials
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Section 70 Legal Regulations and Responsibility to Public
( j
Section 80 Execution and Progress
Q
Section 9D Measurement and Payment
Part 2 —TECHNICAL PROVISIONS
Part 3 — SPECIAL PROVISIONS
ADVERTISEMENT FOR BIDS
PROCUREMENT OF SNOW REMOVAL MULTI -TASKING EQUIPMENT (MTE) WITH
HIGH-SPEED ROTARY PLOW, SNOW PLOW, AND ROTARY BROOM
ATTACHMENTS
RICHMOND MUNICIPAL AIRPORT
RICHMOND, INDIANA
Sealed proposals will be received by the Richmond Board of Aviation Commissioners, "Owner",
at the Richmond Municipal Airport Terminal Building, 5169 State Road 227, Richmond, IN 47374,
until 2:00 p.m. (local time), on March 22, 2022 and then will be publicly opened and read aloud
in the Board of Aviation Commissioners Meeting which begins at 5:00 p.m. at the 3 Rivers Bank,
700 South A Street, Richmond, IN 47374. Any bids received later than 2:00 p.m. will be returned
unopened.
DESCRIPTION OF WORK: Work for which proposals are to be received is for the
procurement of a snow removal tractor with attachments, including delivery, instruction, and
necessary incidentals to complete the work titled, PROCUREMENT OF SNOW REMOVAL
MULTI -TASKING EQUIPMENT (MTE) WITH HIGH-SPEED ROTARY PLOW, SNOW PLOW,
AND ROTARY BROOM ATTACHMENTS.
BID DOCUMENTS: Copies of the Specifications and Contract Documents maybe obtained at the
office of Butler, Fairman, and Seufert, Inc., 8450 Westfield Blvd., Suite 300, Indianapolis, IN 46240.
Copies of the documents are available for examining at the Richmond Municipal Airport, BXlndiana
Construction League, 1028 Shelby Street, Indianapolis, Indiana; and the online planrooms of
Dodge Data and Analytics, ISQFT/ConstructConnectT , BidTool and at the office of Butler,
Fairman, and Seufert, Inc., 8450 Westfield Blvd., Suite 300, Indianapolis, IN 46240.
Copies of the bid documents will be made available through one of the following methods
as digital files made available to the planholder for download
as hard copies picked up at the office of the Engineer upon remittance of $50
This remittance is not refundable. Payment shall be by money order or check and shall be made
payable to Butler, Fairman, and Seufert, Inc. Bidders are required to be a plan holder of record
having obtained the contract documents through the office of the Engineer. Bids not meeting this
requirement will be deemed non -responsive.
Bids shall be properly executed and addressed to the address shown above where bids are to be
received together with the documents required by the bid forms, specifications, and related legal
documents contained in the Contract Documents.
No Bidder may withdraw his proposal within a period of one hundred twenty (120) days following
the date set for the receiving of bids. The Owner reserves the right to retain any and all bids for
a period of not more than one hundred twenty (120) days, and said bid shall remain in full force
and effect during said time. The Owner further reserves the right to waive informalities and to
award the Contract to any Bidder all to the advantage of the Owner or to reject all bids.
FEDERAL REQUIREMENTS: The Owner, in accordance with Title VI of the Civil Rights Act of
1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4, and Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally -assisted programs of the Department of Transportation issued pursuant to such Act,
hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant
to this advertisement, Disadvantaged Business Enterprises 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.
1. The proposed contract is under and subject to Executive Order No. 11246 of September
24, 1965, equal opportunity clause, and to Title VI of the Civil Rights Act of 1964.
2. The Bidder must supply all the information required by the bid or proposal form.
The Owner reserves the right to reject any and/or all bids and to waive any formalities in
the bidding procedure.
RICHMOND BOARD OF AVIATION COMMISSIONERS, RICHMOND, IN �I
Jonathan Meade, President O
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INSTRUCTIONS TO BIDDERS
Sealed Proposals and Public Ooenino: The Richmond Board of Aviation Commissioners (the
"Owner"), will receive sealed bids for the PROCUREMENT OF SNOW REMOVAL MULTI-
TASKING EQUIPMENT (MTE) WITH HIGH-SPEED ROTARY PLOW, SNOW PLOW, AND
ROTARY BROOM ATTACHMENTS project, consisting of supplying the equipment, and
necessary incidentals to complete the work as detailed on the Contract Drawings and specified
in the Contract Documents titled ; under the Airport Improvement Program (AIP) Grant, AIP
Project No. AIP 3-18-0071-026; in accordance with drawings and specifications and other
Contract Documents prepared by the Engineer, Butler, Fairman and Seufert, Inc., at the time and
place set forth in the Advertisement for Bids.
Bids shall be properly executed, addressed to the Owner on Form 95 with Itemized Proposal
Form, a non -collusion affidavit, and a bond or certified check on a solvent bank equal to five
percent (5%) of the total bid insuring that if the bid is accepted a contract will be entered into and
the performance of its proposal secured.
Proposals shall not contain any recapitulations of the work to be done. Alternate proposals will
not be considered in the Itemized Proposal, except where shown as an optional alternate by the
Engineer. Oral proposals or modifications will not be considered.
All items of information included in the Itemized Proposal form must be completed. Failure to do
so shall be cause for rejection of the bid proposal. The Bidder as a minimum must submit a
completed pricing proposal for all bid quantities and totals.
The bidder may submit letter size computer produced Itemized Proposal Sheets in lieu of filling in
the Itemized Proposal Sheets furnished in the Bid Proposal Package. The computer produced
sheets will clearly show the Project name on each page and contain headings and items identical
to, and in the same order as, those on the Proposal Sheets furnished. If the computer produced
Itemized Proposal Sheets, when compared to the sheets furnished, contain errors, omissions or
additions, the Itemized Proposal Sheets as furnished shall govern and the bid may be rejected as
specified in the General Provisions section titled "Irregular Proposals."
Before submitting a proposal, bidders shall carefully examine the specifications and other
Contract Documents, and shall include in the proposal a sum to coverthe cost of all items included
in the contract documents.
Proposals shall be delivered by the time and to the place stipulated in the Advertisement. It is the
sole responsibility of the bidder to see that his proposal is received in proper time. Any proposal
received after the scheduled closing time for receipt of proposals shall be returned to the bidder
unopened.
Any bidder may withdraw his proposal, by written request, at any time prior to the scheduled
closing time for receipt of proposals.
Proposals will be opened and publicly read aloud at the time and place set forth in the
Advertisement.
Award or Resections: The Contract will be awarded to the lowest responsible and responsive
bidder complying with the conditions for bidding, provided the bid is reasonable and is to the best
interest of the Owner to accept it. The Owner reserves the right to reject the bid of any bidder
who has previously failed to perform properly or complete on time, contracts of a similar nature,
who is not in a position to perform the contract, or who has habitually and without just cause
neglected the payment of bills or otherwise disregarded obligations to subcontractors,
materialmen, or employees. In determining the lowest responsible and responsive bidder in the
best interest of the Owner, the following elements in addition to those above mentioned will be
considered: whether the bidder involved (a) maintains a permanent place of business; (b) has
adequate plant equipment to do the work properly and expeditiously; (c) has a suitable financial
status to meet the obligations incident to the work; (d) has appropriate technical experience; and
(a) has listed competent, responsible, and qualified subcontractors, material, suppliers, or
vendors.
A contract shall be deemed as having been unconditionally awarded when formal notice of award
shall have been duly served upon the intended awardee (i.e., the bidder to whom the Owner
intends awarding the Contract) by some officer or agent of the respective Owner duly authorized
to give such notice.
The Owner is under no obligation to accept the lowest or any other bid, and expressly reserves
r'
the right to accept or reject any and/or all bids, and to waive to the extent permitted by law any of
the terms, conditions and provisions contained in the Advertisement for Bids or other documents,
or any informality, irregularity, or omission in any bid and make any combination of bids provided
that such waiver shall, in the discretion of the Owner, be to its advantage and in its best interest.
i1J
Because of expected delays in the award of the contract, no bidder may withdraw his proposal
for a period of one hundred twenty (120) days after the bid date.
d
Interpretation of Documents: If any person contemplating submitting a proposal is in doubt as to
1
the true meaning of any part ofthe drawings, specifications, or other Contract Documents, orfinds
discrepancies in or omissions from the drawings or specifications, he may submit to the Engineer
a written request for interpretation or correction thereof. The person submitting the request willbe
r"Y51
responsible for its prompt delivery. Any interpretation or correction of the Documents will bemade
only by addendum duly issued and a copy of the addendum will be mailed or delivered to
1.j
each person receiving a set of Contract Documents. Neither the Owner nor the Engineer will beresponsible
for any other explanations or interpretations of the contract documents.
Addenda: Any addenda issued during the time of bidding or forming a part of the Contract
Documents issued to the bidder for the preparation of his proposal, shall be covered in the
proposal, and shall be made a part of the Contract. Receipt of each addendum shall be
acknowledged in the proposal.
Bidders interested in more than one Proposal: No person, firm, or corporation shall be allowed
to make, file, or to be interested in more than one proposal for the same work, unless alternate
proposals are requested. A person, firm, or corporation who has submitted a subproposal to a
bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from
submitting a subproposal or quoting prices to other bidders.
Proposal and Performance Guarantee: Each bid shall contain the full name of every person or
company interested in it and shall be accompanied by a bond or certified check on a solvent bank
equal to Five percent (5%) of the total bid insuring that if the bid is accepted a Contract will be
entered into and the performance of its proposal secured. No bid will be accepted unless it is so
guaranteed.
IB-1 IB-2
Bid Proposal: The unit prices submitted shall become the basis for partial payments of work
performed and for additional or deductible items of work, other than required by the plans and/or
specifications. The quantities of work to be performed as shown on the proposal shall be
considered as a basis of bidding and as a guide only. Partial payments for all work performed by
the Contractor, as required by the Contract Documents, shall be based on the estimated
quantities as determined by the Engineer. Final payment for the work required by the Contract
Documents, and/or modified by change orders, shall be based on the measured actual quantities
as determined by the Engineer.
Completion of Time: All work under this contract shall be substantially completed according to
the terms of the entire contract within the time and conditions specified from the date established
in the Notice to Proceed. See General Provisions subsection 80-08 FAILURE TO COMPLETE
ON TIME.
Notice to Proceed: No work shall commence until the Owner issues a written Notice to Proceed
with the construction work under this contract.
The successful bidder and his proposed subcontractors will be required to submit evidence of his
compliance with the requirements of the Presidents Committee on Equal Employment
Opportunity, and such other pertinent information regarding his own employment policies and
practices as well as those of his proposed subcontractors, as the FAA, the Owner, or the Office
of Federal Contract Compliance in the United States Department of Labor may require, prior to
award of the Contract.
Indemnification: The Contractor is responsible to the Owner and the Assignee, for the safe
conduct of construction operations, as specified in Section 70 of the General Provisions, and
agrees to indemnify the Owner, the Engineer and the Assignee pursuant specifically to the
provisions of Section 70-11 of the General Provisions.
The Contract: The documents comprising the Contract shall include the following
1. Advertisement for Bids
2. Instructions to Bidders
3. Proposal
4. Contractors Bid Form 95
5. Addenda
6. Bid Bond
7. General Provisions
8. Technical Provisions
The Contractor shall submit the following documents with the proposal:
1. Completed Proposal
2. Contractors Bid Form 95
3. A 5% Bid bond or Certified Check
END OF INSTRUCTION TO BIDDERS
IB-3
I
PROPOSAL
AIP Project: AIP 3-16-0071-026
TO: Richmond Board of Aviation Commissioners
C/o Airport Manager
5169 South State Road 227
Richmond, IN 47374
The undersigned bidder, in compliance with the request for bids for construction of the following Project
PROCUREMENT OF SNOW REMOVAL MULTI -TASKING EQUIPMENT (MTE) WITH HIGH-SPEED
ROTARY PLOW, SNOW PLOW, AND ROTARY BROOM ATTACHMENTS
submits this Proposal. The undersigned further acknowledges that the undersigned Is fully aware of all
conditions existing regarding the Project, and has full understanding of all work to be done as outlined in
the plans and specifications for the Project; and further agrees that any change orders to the contract
authorized by the Owner/Sponsor shall be based on the following schedule of unit prices where
applicable.
The undersigned hereby proposes to furnish all labor, permits, material, machinery, tools, supplies, and
equipment to faithfully perform all work required for construction of the Project in accordance with all
Project documents and issued Addenda within the specified time of performance for the following prices:
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'EXHIBIT PAGE O
f.
The BIDDER has found no errors, conflicts, ambiguities or omissions In the project documents,
ACKNOWLEDGEMENTS BY BIDDER
except as previously submitted In writing to the OWNER that would affect cost, progress or
performance of the work.
a. By submittal of a proposal, the BIDDER acknowledges and accepts that the quantities established
g.
The BIDDER is familiar with all applicable Federal, State and local laws, rules and regulations
by the OWNER are an approximate estimate of the quantities required to fully complete the Project
pertaining to execution of the contract and the project work.
and that the estimated quantities are principally intended to serve as a basis for evaluation of bids.
The BIDDER further acknowledges and accepts that payment under this contract will be made only
h.
The BIDDER has complied with all requirements of these instructions and the associated project
for actual quantities and that quantities will vary in accordance with the General Provisions
documents.
subsection entitled "Alteration of Work and Quantities".
CERTIFICATIONS BY BIDDER
b. The BIDDER acknowledges and accepts that the Bid Documents are comprised of the documents
identified within the Instructions to Bidders. The BIDDER further acknowledges that each of the
a.
The undersigned hereby declares and certifies that the only parties interested in this proposal are
individual documents that comprise the Bid Documents are complementary to one another and
named herein and that this proposal is made without collusion with any other person, firm or
together establishes the complete terms, conditions and obligations of the successful BIDDER.
corporation. The undersigned further certifies that no member, officer or agent of OWNER'S has
direct or Indirect financial interest In this proposal.
c. The BIDDER acknowledges and accepts the OWNER'S right to reject any or all bids and to waive
any minor informality in any Bid or solicitation procedure.
b.
Certification of Non -Segregated Facilities: (41 CFR Part 60-1.8)
The BIDDER, as a potential federally -assisted construction contractor, certifies that It does not
i
d. The BIDDER acknowledges and accepts the OWNER'S right to hold all Proposals for purposes of
maintain or provide, for its employees, any segregated facilities at any of its establishments and
review and evaluation and not issue a notice -of -award for the period specified in the bid documents
that it does not permit Its employees to perform their services at any location, under Its control,
from the stated date for receipt of bids.
where segregated facilities are maintained. The BIDDER certifies that it will not maintain or
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provide, for its employees, segregated facilities at any of its establishments and that It will not
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e. Time of Performance: By submittal of this proposal, the undersigned acknowledges and agrees to
the In documents
permit its employees to perform their services at any location under its control where segregated
commence work within period specified the bid of the date specified in the written
facilities are maintained. The Bidder agrees that a breach of this certification Is a violation of the
"Notice -to -Proceed' as Issued by the OWNER. The undersigned further agrees to complete the
Equal Opportunity Clause, which is to be Incorporated In the contract.
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Project within the period specified in the bid documents from the commencement date specified In
d
the Notice -to -Proceed.
c.
As used in this certification, the term "segregated facilities" means any waiting rooms, work areas,
reslrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other -
j ]�
f. The undersigned acknowledges and accepts that for each and every Calendar/Working day the
storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
project remains incomplete beyond the contract time of performance, the Contractor shall pay the
transportation, and housing facilities provided for employees which are segregated on the basis of
non -penal amount specified in the bid documents as a liquidated damage to the OWNER.
race, color, religion, or national origin because of habit, local custom, or any other reason. The
Bidder agrees that (except where it has obtained identical certifications from proposed
m
subcontractors for specific time periods) it will obtain identical certifications from proposed
The undersigned acknowledges receipt of the following addenda:
subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from
y_
the provisions of the Equal Opportunity Clause and that It will retain such certifications In Its files.
Addendum Number_ dated Received
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d.
Trade Restriction Certification: (49 CFR Part 30)
Addendum Number_ dated Received
The Bidder, by submission of an offer certifies that It:
1. is not owned or controlled by one or more citizens of a foreign country included in the list
Addendum Number_ dated Received
of countries'that discriminate against U.S. firms published by the Office of the United
States Trade Representative (USTR);
REPRESENTATIONS BY BIDDER
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
By submittal of a proposal (bid), the BIDDER represents the following:
directly or indirectly by one or more citizens or nationals of a foreign country on said list;
a. The BIDDER has read and thoroughly examined the bid documents Including all authorized
3. has not procured any product nor subcontracted for the supply of any product for use on
addenda.
the project that is produced in a foreign country on said list.
b. The BIDDER has a complete understanding of the terms and conditions required for the
satisfactory performance of project work.
e.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion: (49 CFR Part
c: The BIDDER has fully informed themselves of the project site, the project site conditions and the
29)
The Bidder certifies, by submission of this proposal, that neither it nor its principals is presently
surrounding area.
debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from
d. The BIDDER has familiarized themselves of the requirements of working on an operating airport
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participation in this transaction by any Federal department or agency. It further agrees by
and understands the conditions that may In any manner affect cost, progress or performance of the
submitting this proposal that It will include this clause without modification in all lower tier
work.
transactions, solicitations, proposals, contracts, and subcontracts. Where the Bidder or any lower
e. The BIDDER has correlated their observations with that of the project documents.
tier participant Is unable to certify to this statement, it shall attach an explanation to this
solicitation/proposal.
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ATTEST:
f. Buy American Certification: (Title 49 U.S.C. Chapter 501)
As a condition of bid responsiveness, the bidder must how it intend to comply with the Buy
By:
American preferences established under Title 49 U.S.C. Section 50101. Bidder must complete the
(Authorized Signature)
attached Buy American certification. If the bidder requests a permissible waiver to the Buy America
requirements, the Bidder identified as with the successful bid must submit a formal waiver request
and component cost calculation within the prescribed time Identified on the Buy America
ceAification.
Name and Title:
SIGNATURE OF BIDDER
IF A JOINT VENTURE: (Attach
copy of Joint Venture Agreement)
IF AN INDIVIDUAL:
Joint Venture Name:
Name:
By:
By:
(Authorized Signature)
(Signature of Individual)
(Attach Evidence ofAuthorityto sign)
Doing Business as:
Name and Title:
Business Address:
Business Address:
Telephone Number:
Telephone Number:
Joint Venture Name:
IF A PARTNERSHIP:
Partnership Name:
By
(Authorized Signature)
By.
(Attach Evidence ofAuthodty to sign)
(Authorized Signature)
(Attach Evidence of Authority to sign as a Partnership)
Name and Title:
Name and Title:
Business Address:
Business Address:
Telephone Number:
Telephone Number.
IF A CORPORATION:
Corporation Name:
By:
(Authorized Signature)
(Attach Evidence of Authority to sign)
Name and Title:
Business Address: (CORPORATE SEAL)
Telephone Number:
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Buy America Certification
(Title 49 U.S.C. Section 50101)
PROJECT NAME: PROCUREMENT OF SNOW REMOVAL MULTI -TASKING EQUIPMENT
(MTE) WITH HIGH-SPEED ROTARY PLOW, SNOWPLOW, AND
ROTARY BROOM ATTACHMENTS
AIRPORT NAME: Richmond Municipal Airport
AIP NUMBER: AIP 3-18-0071-026
This solicitation and any resulting contract are subject to the Buy America requirements of 49 U.S.C. Section 50101.
The bidder certifies it and all associated subcontractors will comply with the Buy American preferences established
under Title 49 U.S.C. Section 50101 as follows:
U.S.C. Section 60101 - Buying goods produced In the United States
(a) Preference. - The Secretary of Transportation may obligate an amount that may be appropriated to carry
out section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 471 (except section 47127), or
chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title for a project only if steel
and manufactured goods used in the project are produced in the United States.
(b) Waiver. - The Secretary may waive subsection (a) of this section if the Secretary finds that -
(1) Applying subsection (a) would be inconsistent with the public interest;
(2) The steel and goods produced in the United States are not produced in a sufficient and reasonably
available amount or are not of a satisfactory quality;
(3) When procuring a facility or equipment under section 44502(a)(2) or 44509, subchapter I of chapter
471 (except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of
this title -
A. The cost of components and subcomponents produced in the United States is more than 60
percent of the cost of all components of the facility or equipment; and
B. Final assembly of the facility or equipment has occurred in the United States; or
(4) Including domestic material will increase the cost of the overall project by more than 25 percent.
(c) Labor Costs. - In this section, labor costs Involved In final assembly are not included in calculating the
cost of components.
As a matter of bid responsiveness, the bidder or offeror must complete and submit this certification with their bid
proposal. The bidder must sign and dale the certification. The bidder/offeror must indicate how they propose to
comply with the Buy America provision by selecting one of the following certification statements.
The bidder hereby certifies that it will comply with Title 49 U.S.0 Section 50101 (a) by only installing
steel and manufactured products produced In the United States of America. The bidder further agrees
that if chosen as the apparent low bid, it will submit documentation to the owner that demonstrate all
steel and manufactured products are 100% manufactured in the United States.
The bidder hereby cerfifies that it cannot fully comply with the Buy America preferences of Title 49
U.S.0 Section 50101(a); bidder therefore requests a waiver per Title 49 U.S.0 Section 50101(b)
subject to the following conditions:
For equipment and material the FAA has already issued a waiver to AIP Buy American
preferences as indicated on the current FAA Buy American conformance list, bidder shall submit
a listing of specific equipment and material it proposes to install on the project prior to the
issuance of a Notice -to -Proceed.
For equipment and material the FAA has not previously issued a waiver to Buy American
preferences, the bidder Identified with the apparent low bid agrees to prepare and submit to the
owner a waiver request and component calculation Information within 15 calendar days of the
date of the notice of apparent award of contract.
Bidder's Firm Name:
Signature:
Buy America Waiver Request
(Title 49 U.S.0 Section 50101 (b))
Date:
ForAirfield Development Projects funded under the Airport Improvement Program
Type of Waiver Request:
The bidder may request a waiver subject to the provisions of Section 50101(b)(3) or Section 50101(b)(4).
The bidder may not request a waiver under Section 50101(b)(1) or Section 50101(b)(2). Bidder is hereby
advised that the Owner's approval with the bidders waiver request is contingent upon FAA approval. The
bidder must select one of the following applicable waiver provisions:
❑ Section 50101(b)(3): Bidder hereby requests a waiver to Buy America preferences based upon
Section 50101(b)(3) for the equipment identified below. The bidder certifies that % of the
cost of components and subcomponents comprising the equipment are produced in the United
States and that final assembly occurs within the United Stales. (Bidder must attach a copy of the
component cost calculation table)
Equipment:
❑ Section 50101(b)(4): Bidder hereby requests a waiver to Buy America preferences based upon
Section 50101(b)(4). The bidder asserts provision of domestic material increases the cost of the
overall project by more than 25%. (Note: This type of waiver is very rare)
Certification Signature
In accordance with Section 50101(b), we request a waiver to the Buy America provisions based on the
above certification and attached documentation.
Bidder's Firm Name:
Signature:
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Date:
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Instructions for Section 50101(b)(3) Waiver:
1. "Equipment" in Section 50101 shall mean the following:
a) Individual type "L" items (Airfield Lighting Equipment) as listed in FAA Advisory Circular
16015345-53.
b) Individual bid items as established within FAA Advisory Circular 150/5370-10. The bid Item
application may not be applied for the type "L" items listed In AC 150/5345-53.
c) A waiver request may only address one specific equipment item. Submit separate requests
for each equipment Item for which a waiver.
d) Items listed under the Nationwide Waiver do not require further review. Please refer to the
fallowing webpage:
http:/Avww.faa.gov/airports/alp/procurementtfederal_contract_provisions/m ed i albuy_amedca
n waiver.xls
2. The bidder must base the U.S. percentage upon the value that results from completing a
component cost calculation table similar to the attached format. Bidder shall avoid mere pro
forma efforts to establish the waiver request percentage. The Bidder must submit the component
cost calculation table as an attachment to the waiver request.
3. Components/subcomponents are the material and products composing the "equipment".
4. The final assembly of the AIP-funded "equipment" must be within the USA (Section
50101(b)(3)(B)). Final assembly Is the substantial transformation of the components and
subcomponents into the end product.
5. All steel used in the "Equipment" must be produced in the United States.
6. The Buy American requirements apply to all tier contractors and subcontractors. All
contractors/subcontractors are required to provide appropriate documentation that indicates
origin of manufacturer and percentage of domestic made product.
7. The bidder is hereby advised there is no implied or expressed guarantee that a requested waiver
will be issued by the Federal Aviation Administration (FAA). Less than 60 % USA
component/subcomponent proposed for this facility CANNOT be waived. Products made with
foreign steel are not eligible for a waiver.
Instructions for Section 50101(b)(4) Waiver:
1. The 25% cost increase waiver is rarely applicable. Consult Owner before making
this request.
North America Free Trade Act (NAFTA)
The NAFTA does not apply to the AIP. Products and material made in Canada or Mexico must be
considered as foreign made products.
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COMPONENT COST CALCULATION TABLE
• In lieu ofcomplsting this table, bidder mayprepare a spreadsheet that addresses the samomformeb'on andcalculeb'ons as presented herein.
• An authodzedperson shall attest under signature and data that the submitted information is accurate and complete.
• The biddanber actor shall submit the signed component cost calculation fable to the Owner as an allachment to the waiver request
• The component breakout shag be along major components ofthe equipment.
• Submit separate calculation for each dlgerent equipment types. Do not combine the component cost calculations ofdifrerenf types ofequipment.
Fo"J".1d development projects. equipment is defined as the'L-ifems (Airfield lighting Equipmenr) as fisted in FAA Advisory Circular 15GI5345-53
and the b) individual bid dams as established within FAA Advisory Circular 15a5370-10. The individual bidifem method maynd be app'ed to the O
type dams.
Equipment Type:
ComponenttSubcom nents
'
Name of Manufacturer
countryof-
-:Orlin -
Cost of Foreign Manufactured
Com onentelSubdomponents
Cost of. USA Manufactured"
Com�-onenteiSubcomponeMs
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Sum of US Manufactured Component/Subcomponent Costs:
Sum of all Equipment Components and Subcomponents: I
Percentage of Equipment Components Manufactured In the United States:
Place of Final Assembly:
Certification signature
I hereby certify the above Information Is accurate and complete.
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&dder's Arm Name Date
Signature
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E-Verify Affidavit
to comply with the requirements of Indiana Code 22-5-1.7-11,
(Contractor)
affirms under the penalties of perjury that it does not knowingly employ an unauthorized alien.
The Contractor shall enroll in and verify the work eligibility status of all its newly hired employees through
the E-Verify program as defined In IC 22-5-1.7-3. The Contractor Is not required to participate should the
E-Verify program cease to exist. Additionally, the Contractor Is not required to participate if the Contractor
is self-employed and does not employ any employees.
The Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor shall
not retain an employee or contract with a person that the Contractor subsequently learns Is an
unauthorized alien.
The Contractor shall require its subconsultants, who perform work under this Contract, to certify to the
Contractor that the subconsultant does not knowingly employ or contract with an unauthorized alien and
that the subconsullant has enrolled and is participating in the E-Verify program. The Contractor agrees to
maintain this certification throughout the duration of the term of a contract with a sub -consultant.
Dated:
Signature: _
Printed Name:
Title:
Company:
Address:
STATE OF )
)SS:
COUNTY OF )
Before me, a Notary Public In and for said County and Slate, personally appeared
as of
(Name) (Title) (Company)
who acknowledged the execution of the foregoing instrument, and who, having been duly swom, stated
that any representations therein contained are true.
WITNESS my hand and Notarial Seal this _ day of 20_.
My Commission Expires: Signature:
Printed:
County of Residence: NOTARY PUBLIC
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END OF PROPOSAL
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NOTICE OF AWARD
TO:
PROJECT Description: Procurement of Snow Removal Multi -Tasking Equipment (MTE) with High -Speed
Rotary Plow Snow Plow, and Rotary Broom Attachments
The OWNER has considered the BID submitted by you for the above described work in response to its
Advertisement for Bids dated , 20 Information for Bidders, and Proposal submitted
on ,20
You are hereby notified that your BID has been accepted for items In the amount of
$ Dollars ($ 1.
You are required by the Information for Bidders to execute the Agreement and furnish the required
CONTRACTOR'S Performance BOND, Payment BOND, and certificate of insurance within 10 calendar days
from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said BONDS within 10 days from the date of this
Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your
BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as
may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.
Dated this day of , 20
RICHMOND BOARD OF AVIATION COMMISSIONERS
RICHMOND, INDIANA
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD Is hereby acknowledged by
this the day of 20_.
ENDOF NOTICE OF AWARD
NOA-1
TO:
NOTICE TO PROCEED
Date:
Project:
You are hereby notfed under authority of the Board on -.20 to
commence WORK in accordance with the Contract dated 20_, on or before
20and you are to complete the WORK within consecutive calendar
days thereafter. The date of completion of all WORK is therefore 20_
RICHMOND BOARD OF AVIATION COMMISSIONERS
RICHMOND, INDIANA
Title
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by
this the day of , 20
END OF NOTICE TO PROCEED
NTP-1