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Home My WebLink AboutContract 36621 (2)CllY SECRETARY ,/ D.O.E. FILE - ,- CONTRACTOR'S BONDING CO. SPECIFICATIONS CONSTRUCTION'S COPY C LIE NT 0 FDARTMENl AND CONTRACT DOCUMENTS FOR CITY SECRETARY ti l -l _ ""' I CONTRACT NO. uLWW ---~~~ GENERAL ENGINEERING SHOULDER REHABILITATION PROJECT PHASE 1 Mike Moncrief Mayor AT ALLIANCE AIRPORT FOR THE CITY OF FORT WORTH, TEXAS FAA Grant Number: 3-48-0296-32-2007 File Number: M-229 D.O.E. Number: 5668 Gary W. Jackson City Manager Angie Highland, A.A.E. A. Douglas Rademaker, P.E. (Acting) Director, Department of Aviation Timothy D. Ward President, Alliance/Air Services PREPARED BY: DMJM AVIATION, INC. 1200 SUMMIT AVE, ST. 320 FORT WORTH, TEXAS 76102 (817) 698-6800 August 16, 2007 02 -12-08 P01: 02 IN Engineering Director """~""'._.,,,,, --~1:. OF T:~\ '1!111.16_~'··········· '.fti,. dl"C:i'··· * .. v-• r .. ·· ·· ... ,, 't: : ··"' I . ~: •9l i~: ......................... : ... ~ ;!JAMES G. KIRSCHBAUM l l···:·························.:··j ' "° •. 83583 .-//; 4' ,~··,,. ~ ··~; ~ •,0~··.fG1srt\\!···~ ,,~.s.si"""'''~~:-t) \\,.(>,W~ ... 'l, " ~,~;,pf\ M&C Request Review Page 1 ot 2 • Ci o -r Fo,nWoRTH www.c n t.org Home I Council Agenda I M&C I Employtt Directory I ACToda.y I Employtt Omtficds I PRS ! IT Orulne I Departments I Site Map Print_M&C COUNCIL ACTION: Approved on 1/29/2008 DATE: 1/29/2008 REFERENCE NO.: **C-22645 LOG NAME: 30FTWORTHAIRPH1 CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of a Contract with Phillips/May Corporation for Fort Worth Alliance Airport Shoulder Rehabilitation Project, Phase 1 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Phillips/May Corporation in the amount of $477,333 for Alliance Airport Shoulder Rehabilitation , Phase 1. DISCUSSION: On July 25, 2006, (M&C C-21580) the City Council authorized the award of contract to DMJM Aviation for Phase 5 on-call engineering for design of runway rehabil'itation, taxiway shoulder pavement and design and bid phase services for an independent circuit for runway guard lights at Fort Worth Alliance Airport. The scope of this contract includes shoulder rehabilitation of Taxiway "A " with pavement crack sealing with seal coat and pavement joints clean up and seal on main Runway 34R/16L. This project also includes signs, barricades and traffic routing. FAA Grant Funds G 3-48-0296-32-2007 will be used for this project. Existing land credits that remain from the original land donation of Alliance Airport will be used for the City's 10 percent in-kind match. Due to funding limitations , the rehabilitation of runway and taxiway shoulders was divided in three phases. All three phases have been designed. Phases 2 and 3 will be advertised in 2008 . The project was advertised on September 13 and September 20, 2007 in the Fort Worth Star-Telegram, and the following bids were received on October 11, 2007: Bidder Amount (Base Bid + Alternate 2) Phillips/May Corporation $477,333.00 Silver Creek Construction, Inc. $480,605.00 This contract was advertised with two alternates: Time of Completion 60 Calendar Days • Alternate 1 included shoulder rehabilitation of Taxiway "H" with crack seal and seal coat. • Alternate 2 included concrete joint repair, main Runway 34R/16L. After review of available funds, Alternate 2 with the Base Bid was decided for construction. The base bid included shoulder rehabilitation of Runway 34R/16L. Phillips/May Corporation is in compliance with the City's M/WBE ordinance by committing to 7 percent M/WBE participation on this project. The City's goal on this project is 5 percent. This project is located in COUNCIL DISTRICT 2, Mapsco 7P. http://www .cfwnet.org/council_packet/mc_review.asp?ID=9027&councildate=l/29/2008 2/4/2008 M&C Request Review Page'l. ot 'l. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated , of the Airport Grant Fund . TO Fund/Account/Centers Submitted for Ci Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers GR14 539120 055218186800 $477,333.00 Marc A. Ott (8476) A. Douglas Rademaker (6157) Gopal Sahu (7949) ATTACHMENTS http://www .cfwnet.org/council_packet/mc_review.asp?ID=9027&councildate=l/29/2008 2/4/2008 CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ADDENDUM NO. 1 To the Plans, Specifications & General Contract Documents SHOULDER REHABILITATION PROJECE PHASE 1 AT ALLIANCE AIRPORT FOR THE CITY OF FORT WORTH, TEXAS FM GRANT NUMBER (AIP No.) 3-48-0296-32-2007 D.O.E. NUMBER: 5668 Bid Date: October 11, 2007; 1:30 PM Addendum No. 1; Issued September 30, 2007 This Addendum, forms part of the Plans, Contract Documents & Specifications for the above referenced Project and modifies the original Specifications and Contract documents . Bidder shall acknowledge receipt of this addendum in the space provided below, in the proposal (page P-7) and acknowledge receipt on the outer envelope of your bid . Failure to acknowledge receipt of this addendum could subject the bidder to disqualification . The plans and specifications documents for Shoulder Rehabilitation Project, Phase 1, at Alliance A irport are hereby revised by Addendum No . 1 as follows: SPECIFICATIONS & CONTRACT DOCUMENTS: 1. BID PROPOSAL I. The following items in the Bid Proposal have been revised or added to the previous Bid Proposal. • Bid Proposal has been deleted in its entirety and Replaced with the attached new Bid Proposal. 2. TECHNICAL SPECIFICATIONS II. The following items in the Technical Specifications have been~~jdded to the previous Technical Specifications . ,r-: ~1~.Rf..!µ',, -~'·····~~. .. •.·· ·· .. ,, f*/ ....• ,,. ~·: :•1. f jAMEs'ci'.'i<iR'scHBAUM·i 1································.if! ',1··. 83583 ··~~ I o•,.t, O,··~ ,,~i··f91sn.~W. l.1-_ .,,~,, ........ ~~ ~~~~ ~--~rrll Addendum No . l, Pagel • Special Provision No. 1 to Item P-628, Crack Sealing Asphalt Pqavement Description has been added. 3. MINUTES OF THE PRE-BID CONFERENCE Minutes of the Pre-Bid Conference held on September 26, 2007, are attached. The Pre- Bid Conference Minutes are a record of the conference and are issued for Bidder's information, (2 Pages) A signed copy of this Addendum should be included in the sealed bid envelope at the time of bid submittal. Failure to acknowledge the receipt of this Addendum could cause the subject bidder to be considered "NONRESPONSIVE," resulting in disqualification . RECIEPT ACKNOWLEDGEMENT: By~Ad.Jda , l»t1~ Company: Phillips/May Corporation Address: 4861 Sharp St City: Dallas State: ~'f..,:X:"""-~~ ISSUED BY: A . Douglas Rademaker , P.E., Director By: ____________ _ Rick Trice, P.E. Assist. Director Engineering Services Addendum No . I, Page 2 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SHOULDER REHABILITATION PROJECT PHASE 1 Mike Moncrief Mayor AT ALLIANCE AIRPORT FOR THE CITY OF FORT WORTH, TEXAS FAA Grant Number: 3-48;.0296-32-2007 File Number: M-229 D.O .E. Number: 5668 Charles R. Boswell City Manager Angie Highland, A.A.E. A. Douglas Rademaker, P.E . (Acting) Director, Department of Aviation Timothy D. Ward President, Alliance/Air Services PREPARED BY: DMJM AVIATION, INC. 1200 SUMMIT AVE, ST. 320 FORT WORTH, TEXAS 76102 (817) 698-6800 August 16, 2007 Engineering Director Fort Worth Alliance Airport Shoulder Rehabilitation Project Phase 1 INDEX OF CONTRACT DOCUMENTS AND SPECIFICATIONS NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS SPECIAL INSTRUCTIONS TO BIDDERS DISADVANTAGE BUSINESS ENTERPRISE SPECIFICATIONS WAGE RA TE DETERMINATION PROPOSAL BUY AMERICAN CERTIFICATE TRADE RESTRICTION CLAUSE CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION CERTIFICATION OF NONSEGREGATED FACILITIES VENDOR COMPLIANCE TO STATE LAW - CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW EQUIPMENT SCHEDULE EXPERIENCE RECORD BONDS CONTRACT PART I -SPECIAL PROVISIONS PART II -WAGE, LABOR, EEO AND SAFETY REQUIREMENTS PART 111 -GENERAL PROVISIONS PART IV -TECHNICAL SPECIFICATIONS i-1 Fort Worth Alliance Airport Shoulder Rehabilitation Project Phase 1 INDEX OF TECHNICAL SPECIFICATIONS NO. Description G-300 Construction Barricades, Lighted Cones and Traffic Control P-101 Mobilization S-P-605 Special Provision to Joint Sealing Filler P-605 Joint Sealing Filler P-626 Emulsified Asphalt Slurry Seal Surface Treatment P-628 Crack Sealing Asphalt Pavement Description i-2 NOTICE TO BIDDERS Sealed proposals for the following: FOR: Shoulder Rehabilitation Project -Phase 1 AT ALLIANCE AIRPORT FAA Grant Number: 3-48-0296-32-2007 FILE NO~: M;.229 DOE#: 5668· -Addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 P.M., October 11, 2007 and then publicly opened and read .-afoucf:af 2·,<fJo.PM -in-the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained at the Office of the Department of Engineering, Municipal Office Building, .1000 Throckmorton Street, Fort Worth, Texas. Plan sets may be picked up at The Department of Engineering for a non-refundable fee in the amount of Thirty dollars ($30.00). Bid security is required in accordance with the Special Instruction to Bidders. This project includes, but is not limited to, the following items: Base -Bid; °Taxiway !A' -shoulder rehabilitation to include repairing and sealing of surface cracks in the asphalt shoulders and application of an emulsified asphalt slurry seal surface treatment, Alternate ~id #1; Taxiway 'H' shoulder rehabilitation to include repairing and sealing of surface cracks in the asphalt shoulders and· appli·catitm of an emulsified asphalt slurry seal surface treatment, and Alternate Bid #2; Concrete Runway joint cleaning and resealing .. A pre-bid conference will be held on September 26, 2007 at 2:00 P .M. at Alliance Air Services · Offices, 2221 Alliance Bouleva~. Suite 100, Fort Worth, Texas 76177. Bidders are responsible for obtaining all Addenda to the contract documents and acknowledging receipt of the Addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all Addenda may be rejected as being nonresponsive. Information regarding the status of Addenda may be obtained by contacting the Department of Engineering at 817-392-7910. For .a.dditional .information, contact Gopal Sahu, P.E:· (817) 392-7949 or Jim Kirschbaum, P.E. at (817) 698-6800. CHARLES R. BOSWELL CITY MANAGER Advertising Dates: September 13, 2007 September 20. 2007 FlW_Front_Ends.doc MARTY HENDIX CITY SECRETARY A. Douglas Rademaker, P.E. Direct r, Department of En ineering i rice, P.E. Asst. Director, Engineering Services NB-1 COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following:. .. Shoulder Rehabilitation Project -Phase 1 ALLIANCE AIRPORT FOR: FAA GRANT NUMBER 3-48-0296-32-20.07 D.O.E. NO.: M-229 FILE NO.: 5668 Addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth, Texas, will be received at the City of Fort Worth until 1:30 P.M., October 11, 2007 and then publicly open and read -aloud .at 2:00 P.M . .Contract Documents, including Plans and Specifications for this project, may be obtained at the office of the Transportation and Public works Department of the City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. A non-refundable fee of thirty dollars ($30.00) is required for purchase of a set of documents. All bidders will be required to comply with provision 5159a of "Vernon's Civil Statutes" of the State of Texas with respect to payment of prevailing wage rates and City Ordinance NO. 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. Bid security .is required -ir:i Accordar:ice with P-aragraph -1-ef the Speeial lnstruetiens to Bidders. In general this project includes, but is not limited to, the following items: Base Bid; Taxiway 'A' shoulder rehabilitation to include repairing and sealing of surface cracks in the asphalt shoulders and application of an emulsified asphalt slurry seal surface treatment, Alternate Bid #1; Taxiway 'H' shoulder rehabilitation to include repairing and sealing of surface cracks in the asphalt shoulders and application of an emulsified asphalt slurry seal surface treatment, and Alternate Bid #2; Concrete Runway joint cleaning and resealing .. The City reserves the right to reject any and/or all Bids and waive any and/or all formalities. AWARD OF CONTRACT: No bid may be withdrawn until the expiration of forty-nine (49) days from the date bids are opened. The award of contract, if made, will be within forty-nine (49) days after the opening of bids, but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do no acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding that status of addenda may be obtained by contacting the Department of Engineering (817) 392-7910. A pre-bid conference will be held on September 26, 2007 at 2:00 P .M. at Alliance Air Services Offices,_2221 Alliance Boulevard, Suite 100, Fort Worth, Texas 76177. Bidders are encouraged to submitthe required DBE documentation with their bid. However, it is not a mandatory requirement. FTW_front_Ends.doc NB-2 The Bidder (Proposer) must supply all the information required by the instructions to Bidders and the bid must be submitted on a form which substantially complies with the form provided by the City of Fort Worth. The successful bidder will be required to furnish a Performance ·Bond and Payment Bond, each in the full amount of the contract price, executed by a surety company or surety companies authorized to execute surety bonds under and in accordance with the laws of the State of Texas. All bidders and proposers shall make good faith efforts, as defined in Appendix A of 49 CFR Part 23, regulations of the Office of the Secretary of Transportation, to subcontract 6 Percent of the dollar value of the prime contractto small business concerns owned and controlled by socially and economically disadvantaged individuals (DBEs). In the event that the bidder for this solicitation qualifies as a DBE, the contract goal shall be deemed to have been met Individuals who are rebuttable presumed to be socially and economically disadvantaged include women, Blacks, Hispanics, Native Americans, Asian-Pacific Americans and Asian-Indian Americans. The apparent successful bidder (proposer) will be required to submit information concerning the DBE's that will participate in this contract. The information will include the name and address for each DBE, a description .of the work to be performed by each named firm, and the dollar value of the contract (subcontract). If the bidder fails to achieve the contract goal as stated herein, it will be required to provide documentation demonstrating that it made good faith efforts in attempting to do so. A bid that fails to meet these requirements will be considered nonresponsive. For additional information, contact Gopal Sahu (817) 392-7949 or Jim Kirschbaum at (817) 698- 6800. CHARLES R. BOSWELL CITY MANAGER Advertisement Dates: September 13, 2007 September 20, 2007 Fort Worth, Texas FlW_Front_Ends.doc NB-3 MARTY HENDIX CITY SECRETARY Notice to Bidders Buy American -Steel and Manufactured Products for Construction Contracts (January 1991) I. The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply: A. B. C. Steel and Manufactured Products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs (ll)(A) or (B) shall be treated as domestic. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. Cost of Components. This means the costs for production of the components , exclusive of final assembly labor costs. 11. The successful bidder will be required to assure that only domestic steel and manufactured products will be used by the Contractor, Subcontractors, Materialmen, and Suppliers in the performance of this contract, except those - A. that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in sufficient and reasonable available quantities and of a satisfactory quality; B. that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or C. that inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. FlW _Front_Ends.doc NB-4 Fort Worth Alliance Airport Shoulder Rehabilitation Project Phase 1 SPECIAL INSTRUCTIONS TO BIDDERS SPECIAL INSTRUCTION TO BIDDERS 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five (5%) per cent of the total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current U.S. Treasury, or (2) the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth (1/10) the total capital and surplus. 2. PAYMENT BOND AND PERFORMANCE BOND: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond and a payment bond, both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253, Texas Government Code. 3. In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. The City will accept no sureties who are in default or delinquent on any bonds or who have an interest in any litigation against the City . Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. LIQUIDATED DAMAGES: The Contractor's attention is called to the "General Provisions" concerning liquidated damages for late completion of projects . FTW_Front_Ends.doc 18-1 4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. EMPLOYMENT: All bidders will be required to comply with City Ordinance NO. 7278 as amended by City Ordinance NO. 7400 (Fort Worth City Code Section 13-A-21 through 13-a-29) prohibiting discrimination in employment practices. 6. WAGE RATES: The Bidder also agrees to pay not less than the "Prevailing Wage Rates for Highway Construction" as established by the City of Fort Worth and not less than the wage rates stated in General Wage Decision NO. TX020070045 . 7. FINANCIAL STATEMENT: A cu rrent certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE: Within ten (10) days of rece ipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Worker's Compensation and Comprehensive General Liability (Bodily lnjury-$250,000 each person , $500,000 each occurrence; Property Damage -$300,000 each occurrence). The City reserves the right to request any other insurance coverage as may be required by each individual project. 9. ADDITIONAL INSURANCE REQUIREMENTS: a . The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102 , prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d . Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation , non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium . e. Insurers must be authorized to do business in the State of Texas and have a current AM . Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits , or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. FTW_Front_Ends.doc 18-2 10. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h . Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j . Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss . I. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m . Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. NONRESIDENT BIDDERS: Pursuant to Article 601g , Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located . "Nonresident bidder'' means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder'' means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if th is contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 11. DISADVANTAGED BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance NO. 13471, as amended by Ord inanqe 13781 , the City of Fort Worth has goals for the participation of disadvantaged business enterprises in City contracts. A copy of the Ordinance can be obtained from the office of the City Secretary. In addition, FTW _Front_Ends .doc 18-3 the bidder shall submit the DBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must be received no later than 5:00 p.m ., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City . Failure to comply shall render the bid non-responsive . Upon request, Contractor agrees to provide to owner complete and accurate information regarding actual work performed by Disadvantaged Bus iness Enterprise (DBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by a DBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiation action under appropriate federal, state or local laws or ordinances relating to false statement; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participation in City work for a period of time of not less than three (3) years. 12. AWARD OF CONTRACT: Contract will be awarded solely at the Owner's discretion to the Lowest Qualified Bidder for the Base Bid or the Base Bid plus Alternate Bid No. 1, or the Base Bid plus Alternate Bid No. 2 or the Base Bid plus Alternate Bid No. 1 and Alternate Bid No. 2. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn unti l the expiration of forty-nine (49) days from the date the DBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within forty-nine (49) days after this documentation is received, but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. 13. PAYMENT: The Contractor will receive full payment (minus 5% retainage) from the City for all work for each pay period. Payment of the remaining amount shall be made w ith the final payment, and upon acceptance of the project. 14. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at (817) 871-7910. Bids that so not acknowledge all applicable addenda may be rejected as non-responsive. 15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. Definitions: Certain of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory worker's compensation FTW _Front_Ends.doc IB-4 insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor'' in §406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies , motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or toner services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets . b. The contractor shall provided coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) or all employees of the contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. FlW _Front_Ends.doc 18-5 h. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Comm ission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. i. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage , prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in wiring by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any cha nge that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services . j . By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the cove rage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self insured, with the commission 's Division of Self-Insurance FTW _Front_Ends .doc 18-6 Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This · notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker" compensation insurance. This includes persons providing, hauling or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's .failure to provide coverage". 16. NON DISCRIMINATION: The contractor shall not discriminate against any person or persons because of sex, race, religion, color, or national origin and shall comply with the provisions of City Ordinance 7278, as amended by City Ordinance 7 400 {Fort Worth City Code Sections 13A-21 through 13A-29), prohibiting discrimination in employment practices. 17. AGE DISCRIMINATION: In accordance with the policy {"Policy") of the Executive Branch of the federal government, contractor covenants that neither it nor any of its officers, members, agents, or employees, will engage in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. 18. Contractor further covenants that neither it nor its officers, members, agents, or employees, or person acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. FlW _Front_Ends .doc 18-7 19. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 20. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or current employees of Contractor. Contractor warrants it will fully comply with ADA'$ provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. 21. Safety Plan: Within ten (10) days of receipt of notice of award of contract, the contractor must provide a safety plan for approval of the owner or owners authorized representative. FTW _Front_Ends.doc IB-8 REQUIRED CONTRACT PROVISIONS The following clauses are placed in every DOT assisted contract and subcontract: A. Non Discrimination Assurance During the performance of this contract, the contractor or subcontractor agrees that it will not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out the applicable requirements of 49 PCFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of Fort Worth deems appropriate. The Contractor understands that it is required to insert the substance in this clause in all subcontracts and purchase orders. 8. Prompt Payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than ten (10) [calendar] days from receipt of each payment the prime contractor receives from the City of Fort Worth. The prime contractor agrees further to release retainage payments (if applicable) to each subcontractor within ten (10) [calendar] days after the subcontractor's work is satisfactory completed and final payment has been made to the subcontractor. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Fort Worth FlW _Front_Ends.doc 18-9 Fort Worth Alliance Airport Shoulder Rehabilitation Project Phase 1 DISADVANTAGE BUSINESS ENTERPRISE SPECIFICATIONS p h i I I i p S / M lfty°7 P04,5u I N Co r po r at i on City of Fort Worth Shoulder Rehabilitation Project -Phase 1 Alliance Airport FAA Grant No.: GR14 531350-030218034100 D.O.E. No.: M-229 File No.: 5668 DBE Forms as required by bid 1 0 -1 8 -0 'I PO 4 : 5i) 1 l TTACHMENT 1B Cltv of Fort Worth Page 1 of 1 Disadvantage Busrness Enterprise Specifications Phillips/May Corp orati on Prtme Company Name October 11 , 2 007 Bid Opening Date Prime Contractor Waiver Sho uld e r Re ha bilitatio n Project Name Project Number If both anaw81'11 to this fonn are YES, do not complete ATTACHMENT 1C(Good Faith Effort Fonn). All qu..Uon• on this fonn must be completed and a detailed explanation provided, If applicable. If the answer to either queatlon la NO, then you lllYlt complete ATTACHMENT 1C. Thia fonn la only applicable If Jm1b anawera are yes. Falure to complete this fonn In Its entirety and be received by the Managing Department on or before 6;00 .p.m .. five f 5} City buslnn, elm after bid opening, exclualve of the bid opening date, wlll result In the bid being considered non-resDOll81ve to bid apeclflcatlona. WIii you perfonn this entire contract without subcontractors? __ Yes _:!_No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this Is your nonnal business practice and provide an operational profile of your business. WIii you perfonn this entire contract without suppliers? __ Yes .:L_No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this Is your nonnal business practice and provide an Inventory profile of your business. The bidder further agrees to provide, directly to the City upon request, complete and accurate lnfonnatlon regarding actual work perfonned by all aubcontnctora, Including DBE(s) on this contnct, the payment therefore and any proposed changea to th.• original DBE(a) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and flies held by their company that wlll substantiate the actual work perfonned by the DBE(a) on this contnct, by an authorized officer or employee of the City. Any Intentional and/or knowing misrepresentation of facts wlll be grounds for terminating the contnct or debannent from City work for a period of not less than three (3) years and for Initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result In a detennlnatlon of .an lrreaponalble offeror and barred from participating In City work for a period of time not leas than one (1) year~ Authorized Signature Co ntract Ma nager Title Phillip s/May Corporat io n Company Name 4861 Sharp St. Address Da ll as TX 7 5247 City/State/Zip Chr is Esco bedo Printed Signature Contact Name (If different) 214-63 1-333 1 2 14 -630 -560 7 Phone Number esco bedo@phillip smay.co m Email Address 10/1 8/07 Date Fax Number Rev.5/30f03 . FORT WOJ!TH w· Phi ll ip s/May Corp oration Prtme Company Name 1 0 -1 8-0Y P04::5.J 1 1'1 City of Fort Worth Disadvantage Business Enterprise GOOD FAITH EFFORT Octob er 11 , 2 007 Bid Date Shoulde r R e h a bilitati o n Proj ect (REBID) ATTACHMENT 1C Page1 of3 Project Name Project Number If you haw failed to secure DBE participation and you have subcontracting and/or auppller opportunities or If your DBE participation .le len .than the City'• project goal, you JlllllS complete this form. If the bidder's method of compliance with the DBE. goal Is based upon demonstration of a "good faith effort", the bidder wlll have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each Item, 1 thru 8 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, Intentional and/or knowing misrepresentation the facts or Intentional discrimination by the bidder. Failure to complete this form, In It& entlraty with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City buslnese days after bid opening, exclualve of bid o.,.nli:tg date, wlll '881,Jlt In th• bid being conelde~ non-responsive to bid a1)41Cffleatle>ffll, 1.) Please 11st uch and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF FIRMS) which wlll be used In the completion of this project, regardless of whether It Is to be provided by a DBE or non-DBE. On Combined Projects, llat each subcontracting and or supplier opportunity through the 2nc1 tier. (Use additional sheets, If necessary) List of: Subcontracting Opportunities List of: Supplier Opportunities Pavem e nt -Crack Sealin g -In stall P avem e nt -Crack Sealing - R emoval Pavem e nt -Seal Coat In st a ll Sign - B arricad es 1 0 -1 t1 -0I POl+:'J ATTACHMENT 1C Page2of3 2.) Obtain a current (not more than three (3) months old from the bid open date) 11st of DBE subcontractors and/or suppliers from the City's M/WBE Office. __ Yea _.f_No Date of Listing __J_ __ ./ 3.) Did you aollcH bid• from DBE flnne, within the subcontracting and/or •uppller areas prevlouely llsted, at least ten calendar days prior to bid opening by mall, exclusive of the day the bids are opened? If yea, attach DBE mall llstlng to Include name of ftnn and addreu and a~ copy of letter malled • . 4.) Did you eollcH bide from DBE fll'l118, within the subcontracting and/or supplier areas previously Hated, at least ten calendar daya prior to bid opening by telephone, exclusive of the day the bide are opened? __ Yea _{_No If yea, attach 11st to Include !!!III! of DBE flnn, peraon contacted, phone number and date and !Im! of contact. NOTE: A facelmlle may be used to comply with either 3 or 4, but may not be used for both. If a facalmlle la uaed, attach the fax conffrmatlon, which la to provide DBE name, date, time, fax number and docume.ntatfon faxed. NOTE: If the 11st of DBEe for a particular subcontracting/supplier opportunity la ten or leas, the bidder must contact the entire 11st to be In compliance with questions 3 and 4. If the llat of DBEe for a particular aubcontractlng/auppller opportunity la ten or more, the bidder must contact at least two-thirds of the llat within such area of opportunltY, but not leas than ten to be In compliance with questions 3 and 4. 5.) Did you provide plans and speclflcatfona to potential DBE& or lnfonnatfon regarding the location of plans and specifications In order to assist the DBEs? _:!._ves __ No 6.) Submit documentation If DBE quotes were rejected. The documentation submitted should be In the fonna of an affidavit, Include a detailed explanation of why the DBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder wlll provide for confidential In-camera access to a Inspection of any relevant documentation by City personnel. {Please use addltlona/ .,,eeta. If necessarv. and attach.• Company Name Telephone Contact Person Scope of Work Reason for Rejection 1 0 - 1 8 -0 7 p 1)4 : 5 0 I I~ AoomoNAL INFORMATION; ATTACHMENT1C Page3of3 Please provide additional Information you feel wlll further explaln your good and honest efforts to obtain DBE participation on this project. Due to the speciality of the scope of work, there were no DBE firms available to perform the required services. Please find attached a list of the firms that were qualified to bid on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate ·Information regarding actual· work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and flies held by their company that wlll substantiate the actual work performed on this contract, by an authorlz~d officer or employee of the City. Any lnten~onal and/or knowing misrepresentation of facts wlll be grounds for terminating the contract or dabarme·nt from City work for a period of not less th,-n three (3) years and for Initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a. m~terial breach of contract may result In a determination of an lrresponslble offeror and barred from participating In City work for a period of ~lme not less than one (1) year. The undersigned .certifies that the Information provided and the DBE(s) listed was/were contacted In good faith. It Is understood that any DBE(s) fisted In Attachment 1C will be contacted and the easons for not using them will be verified by the City's BE Office. de~~ _C_h_r_is_E_s_co_b.,...e_d_o ________ _ Authorized Signature Printed Signature Contract Manager Tltle Phillips/May Corporation C~mpany Name 4861 Sharp St. Address Dallas, TX 75247 City/State/Zip Contact Name and Tltle (If dlffe~nt) 214~631-3331 Phone Number escobedo@phillipsmay.com Emall Address 10/18/07 Date 214-630-5607 Fax Number WAGE RATE DETERMINATION WAIS Document Retrieval GENERAL DECISION: TX20070045 02/09/2007 TX45 Date: February 9, 2007 General Decision Number: TX20070045 02/09/2007 Superseded General Decision Number: TX20030045 State: Texas Construction Types: Heavy and Highway Counties: Collin, Dallas, Denton, Ellis, Grayson, Jo~nson, Kaufman, Parker, Rockwall, Tarrant and Wichita Counties in Texas. HEAVY AND HIGHWAY CONSTRUCTION PROJECTS IN WICHITA COUNTY ONLY. HIGHWAY CONSTRUCTION PROJECTS ONLY FOR REMAINING COUNTIES. Modification Number 0 Publication Date 02/09/2007 SUTX2004-004 11/09/2004 Air Tool Operator .............. $ Asphalt Distributor Operator ... $ Asphalt paving machine operator$ Asphalt Raker .................. $ Asphalt Shoveler ............... $ Batching Plant Weigher ......... $ Broom or Sweeper Operator ...... $ Bulldozer operator ........... $ Carpenter ...................... $ Concrete Finisher, Paving ...... $ Concrete Finisher, 9tructures .. $ Concrete Paving Curbing Machine Operator ............... $ Concrete Paving Finishing Maching Operator ............... $ Concrete P·aving Joint Sealer Operator ........................ $ Concrete Paving Saw Operator ... $ Concrete Paving Spreader Operator ....... · ................ $ Concrete Rubber ................ $ Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator ....................... $ Electrician .................... $ Flagger ........................ $ Form Builder/Setter, Structures$ Form Setter, Paving & Curb ..... $ Foundation Drill Operator, Crawler Mounted ...•............ $ Foundation Drill Operator, Truck Mounted .................. $ Front End Loader Operator ...... $ Laborer, common ................ $ Laborer, Utility ............... $ Rates 10.06 13. 99 12.78 11.01 8.80 14.15 9.88 13.22 12.80 12.85 13.27 12.00 13.63 12.50 13.56 14. 50 10.61 14.12 18.12 8.43 11: 63 11. 83 13.67 16.30 12. 62 9.18 10.65 Fringes 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Page 1 of3 WAIS Document Retrieval Mechanic ....................... $ 16.97 Milling Machine Operator, Fine Grade ..................... $ 11. 83 Mixer operator ................. $ 11.58 Motor Grader Operator, Fine Grade .......................... $ 15.20 Motor Grader Operator, Rough ... $ 14.50 Oiler .......................... $ 14. 98 Painter, Structures ............ $ 13.17 Pavement Marking Machine Operator ....................... $ 10. 04 Pipelayer ...................... $ 11. 04 Reinforcing Steel Setter, Paving .................. · ....... $ 14. 86 Reinforcing Steel Setter, Structure ...................... $ 16.29 Roller Operator, Pneumatic, Self-Propelled ................. $ 11.07 Roller Operator, Steel Wheel, Flat Wheel/Tamping ............. $ 10.92 Roller Operator, Steel Wheel, Plant Mix Pavement ............. $ 11.28 Scraper Operator ............... $ 11.42 Servicer ....................... $ 12. 32 Slip Form Machine Operator ..... $ 12.33 Spreader Box operator .......... $ 10.92 Tractor operator, Crawler Type.$ 12.60 Tractor operator, Pneumatic .... $ 12.91 Traveling Mixer Operator ....... $ 12.03 Truck driver, lowboy-Float ..... $ 14.93 Truck driver, Single Axle, Heavy .......................... $ 11.47 Truck driver, Single Axle, Light .......................... $ 10. 91 Truck Driver, Tandem Axle, Semi-Trailer ................... $ 11.75 Truck Driver, Transit-Mix ...... $ 12.08 Wagon Drill, Boring Machine, Post Hole Driller Operator ..... $ 14.00 Welder ......................... $ 13. 57 Work Zone Barricade Servicer ... $ 10.09 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5. 5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations · indicate unions whose rates have been determined to be · prevailing. WAGE DETERMINATION APPEALS PROCESS Page 2 of3 WAIS Document Retrieval 1.) Has there been an initial decision in the matter? This can be: * * * * an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal · process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Const+uction Wage Determinations Wage and Hour Di v;i.s.i,.on U.S. Department of .Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Page 3 of3 TO: Mr. Charles R. Boswell City Manager Fort Worth , Texas PROPOSAL FOR: Shoulder Rehabilitation Project -Phase 1 FAA GRANT NO. 3-48-0296-32-2007 FILE NO. M-229 DOE#: 5668 Pursuant to the foregoing "Notice to Bidders ", the undersigned has thoroughly examined the plans, specifications and. the site , understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Department of Engineering Director of the City of Fort Worth . Upon acceptance of this proposal by the City Council , the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing said work within the time stated and for the following sums, to-wit: Fort Worth Alliance Airport Bid Form_Front_Ends .doc Addendum #1 September 30 , 2007 P-1 BID F ORM Bidder: A irport Name : Project Descri ptio n : Base Bid: It e m N o. S pec 00 124 P -10 1-2.1 00460 P -628-5.1 00460 P -628-5.2 00468 P -626-5.1 0050 1 G-300- 5.1-1 Ft. Worth Al li ance Airport Addend um #I September 30, 2007 Phillips/May Corporation Fort Worth A ll iance Ai rp ort Shoul de r Rehabil itation Project -Phase I It e m D escription Mob ili zation -Services Pavement-Crack Sealing -Install Pavement-Crack Sealing -In sta ll (Removal of Existing Excess Joint Sealant) Pavement-Seal Coat -Install Sign -Barricades & Traffic Routing -Install Date: 10/11/07 --------- A pprox im a te Unit Qua ntity Uni t Pric e Tota l A mount LS I $ 32 ,730.00 $ . 32 ,730.00 SY 69,100 $ 1.95 $ 134,745 .00 LF 36,100 $ 2.42 $ 87 ,362.00 SY 69,100 $ 2.74 $ 189,334.00 LS I $ 17,162 .00 $ 17,162 .00 Sub Total Base Bid $ 461 ,333.00 P-2 BTDFORM Bidder: Airport Name: Project Desc ript ion: Alternate Bid No. 1 : 00460 P -628-5.1 00460 P-628-5.2 00468 P-626-5 .1 00501 G-300- 5.1-1 Alternate Bid No. 2: Item No. Spec 00456 P-605-5.1 00501 G-300 - 5.1 -1 Ft. Worth Alliance Airport Addendum #I September 30, 2007 Phillips/May Corporation Fort Worth Alliance Airport Shou lde r Rehabilitation Project -Ph ase I Pavement-Crack Sealing -Install Pavement-Crack Sealing -In stall (Removal of Existing Excess Joint Sealant) Pavement-Seal Coat -In stall Sign-Barricades & Traffic Routing -Install Item Description Pavement-Butt Joints-Clean and Seal -In stall Sign-Barricades & Traffic Routing -Install Date : 10/11/07 --------- SY 30,325 $ 1.89 $ 57,314 .25 LF 500 $ 2.38 $ 1,190 .00 SY 30,325 $ 2 .76 $ 83 ,697 .00 LS I $ 11 ,798.75 $ 11 ,798.75 Sub Total Alternate Bid No. 1 $ 154,000.00 Ap pro xi mate Unit Quantity Unit Price Total Amount LF 5,000 $ 2.60 $ 13 ,000 .00 LS I $ 3,000.00 $ 3,000 .00 Sub Total Alternate Bid No. 2 $ 16,000.00 P-3 The Bidder shall write out each bid in words on the lines provided below: TOTAL BASE BID: Four Hundred Sixty One Thousand Three Hundred Thirty Three Dollars and No Cents TOTAL ALTERNATE BID No.1: One Hundred Fifty Four Thousand Dollars and No Cents TOTAL ALTERNATE BID No. 2: Sixteen Thousand Dollars and No Cents TOTAL BASE BID + AL TERNA TE BID No. 1: Six Hundred Fifteen Thousand Three Hundred Thirty Three Dollars and No Cents TOTAL BASE BID+ ALTERNATE BID No. 2: Four Hundred Seventy Seven Thousand Three Hundred Thirty Three Dollars and No Cents TOTAL BASE BID+ ALTERNATE BID No. 1 + ALTERNATE BID No. 2: Six Hundred Thirty One Thousand Three Hundred Thirty Three Dollars and No Cents In case of a discrepancy the amount shown in words shall govern . STATEMENT OF MATERIALS AND OTHER CHARGES TOTAL BASE BID: *MATERIAL INCORPORATED INTO THE PROJECT: ALL OTHER CHARGES : TOTAL BASE BID : Fort Worth Alliance Airport Bid Form_Front_Ends .doc Addendum #1 September 30 , 2007 P-4 $ $ $ 184 ,533 .00 276 ,800 .00 461 ,333 .00 ~ TOT AL AL TERNA TE BID No. 1: *MATERIAL INCORPORATED INTO THE PROJECT: $ 61 ,600 .00 ALL OTHER CHARGES : $ 92 ,400 .00 TOTAL ALTERNATE BID No . 1: $ 154 ,000 .00 TOTAL ALTERNATE BID No. 2: *MATERIAL INCORPORATED INTO THE PROJECT: $ 6 ,400 .00 ALL OTHER CHARGES : $ 9 ,600 .00 TOTAL ALTERNATE BID No . 2 : $ 16 ,000 .00 TOTAL BASE BID+ ALTERNATE BID No.1: TOTAL BASE BID : $ 46 1,333 .00 TOTAL ALTERNATE BID NO . 1: $ 154 ,000 .00 TOTAL BASE BID+ TOTAL ALTERNATE BID NO . 1: $ 615 ,333 .00 TOTAL BASE BID+ ALTERNATE BID No. 2: TOTAL BASE BID : $ 461 ,333 .00 TOTAL ALTERNATE BID NO . 2 : $ 16 ,000 .00 TOTAL BASE BID+ TOTAL ALTERNATE BID NO . 2: $ 477 ,333 .00 TOTAL BASE BID+ ALTERNATE BID No.1 + ALTERNATE BID No. 2: TOTAL BASE BID : $ 461 ,333 .00 TOTAL ALTERNATE BID NO . 1: $ 154 ,000 .00 TOTAL ALTERNATE BID NO. 2 : $ 16 ,000 .00 TOTAL BASE BID+ TOTAL ALTERNATE BID NO . 2: $ 631 ,333.00 *These totals must ag ree with the total figure shown in the Proposal for the Total Base Bid , Total Alternate Bid No. 1 and Total Alternate Bid No. 2 , respectively . For purposes of complying w ith the Texas Tax Code , the Con t ractor agrees that the charges for any material incorporated into the project in the excess of the estimated quantity provided for here in will be no less than the invoice price for such material to the Contractor. Fort Worth Alliance Airport Bid Fo rm_Front_Ends .doc Addendum #1 September 30 , 2007 P-5 The Contract will be awarded solely at the Owner's discretion to the lowest qualified bidder for the Base Bid or the Base Bid plus Alternate Bid No. 1, or the Base Bid plus Alternate Bid No. 2 or the Base Bid plus Alternate Bid No. 1 and Alternate Bid No. 2. The Bid Form must be completed and submitted in its entirety. Failure to complete the Bid Form will render the bidder as non-responsive. At the owner's discretion, the Owner reserves the right to reject any and/or all bids and waive any and/or all irregularities. Complete the following statements by checking the appropriate space. The Bidder (Proposer) has_./_ has not __ participated in a previous contract subject to the Equal Opportunity Clause prescribed by Executive Order 109225, or Executive Order 11114, or Executive Order 11246. The Bidder (Proposer) has_./_ has not __ submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subcontractors will be obtained prior to award of subcontracts. If the Bidder (Proposer) has participated in a previous contract subject to the Equal Opportunity Clause and has not submitted compliance reports due under applicable filing requirements, the Bidder (Proposer) shall submit a compliance report on Standard form 100 "Employee Information Report EEO -1" prior to the award of this contract. Standard form 100 is normally furnished to contractors annually, based on a mailing list currently maintained by the Joint Reporting Committee. In the event a contractor has not received the form, he may obtain it by writing to the Joint Reporting Committee, 1800 G Street, Washington, DC, 20506 . The Bidder assures that its employees and applicants for employment and those of any labor organization, subcontractor or employment agency is either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited of the terms of City Ordinance NO. 7278, as amended by City Ordinance NO. 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. Bidder hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" and to fully complete the project within 60 Calendar Days . Bidder further agrees to pay liquidated damages in the sum of $750.00 for each consecutive calendar day to complete the work beyond the allotted time or as extended by an approved Change Order. The Bidder agrees to pay not less than the "Prevailing Wage Rates for Highway Construction" as established by the City of Fort Worth and not less than the wage rates stated in General Wage Decision NO. TX 20070045 Issued by the U.S. Department of Labor. Fort Worth Alliance Airport Bid Fonn_Front_Ends .doc Addendum #1 September 30, 2007 P-6 The Bidder understands that the Owner reserves the right to reject any and all bids and to waive any informalities in the bidding . The Bidder agrees this bid shall be good and may not be withdrawn for a period of 30 days after the scheduled closing time for receiving bids . Within ten (10) days of receipt of the written "Notice of Award", the bidder will execute the formal contract agreement and deliver a surety bond or bonds as required under the contract documents. The bid security attached in the sum of 5% Greatest Amount Bid Dollars ($ ) is to become the property of the City of Fort Worth in the event the contract is not executed as set forth ·n the contract documents as liquidated damages for the delay and additional expense t ereby. Uy u By: __ G~ilb~e=rt~M~a.,_y __________ _ (Type or print name) Title: Presid ent Address: 4861 Sharp St. Da ll as , TX 75247 Date: 10 /11/07 Receipt is hereby acknowledged of the following addenda : Addendum No . 1~>~ek-'j Addendum No. 2. ___________ _ Addendum No. 3 ------------ Addendum No. 4 __________ _ Fort Worth Alliance Airport Bid Fonn_Front_Ends.doc Addendum #1 September 30, 2007 P-7 BUY AMERIGAN CERTIFICATE (JAN 1991) By submitting a bid/proposal under this sollcitatlon, except for those items listed by the Offer or below or on a separate and clearly identified attachment to this bid/proposal, the offer or certifies that steel and each manufactured product, Is produced in the United States (as defined in the clause Buy American -Steel .and Manufactured Products or Buy American -Steel and Manufactured products For Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. · Attached Is a 11st of articles, materials,. and supplies excepted frpm this provision . PRODUCT COUNTRY OF ORIGIN BAC-1 TRADE RESTRICTION CLAUSE 49 CFR PART 30 The Contractor by submission of an offer and or execution of a contract, certifies that It: a. Is not owned or controlled by one or more citizens of a foreign country Included In the list of countries that dlsalmlnate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that Is a citizen or national of a foreign country on said list, or Is owned or controlled directly or Indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product or subcontracted for the supply of any product for use on the project that is produced In a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation In accordance with 49 CFR 30.17, no contact shall be awarded to a Contractor of Subcontractor who is unable to certify the above. If the Contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the OWner cancellation of the contract at no cost to the Government. Further, the Contractor agrees that, If awarded a contract resulting from this solicitation, It will Incorporate this provision for certification without modlflcation In each contract and in all lower tier subcontracts. The Contractor may rely o the certification of a prospective Subcontractor unless It has knowledge that the certification Is erroneous. The Contractor shall provide Immediate written notice to the OWner If the Contractor teams that Its certification or that of a Subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Subcontractor agrees to provide written notice to the Contractor if at any time It learns that Its certification has become erroneous by reason of changed circumstances. This certification Is a material representation of fact upon which reliance as placed when making the award. If It Is later determined that the Contractor or Subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained In the forgoing 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. TRC-1 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 m_aker subj ~nited Stales Code, Sedlon 1001. By: ------------- Title: Gilbert May, President AddreBB: 4861 Sharp St. Dallas TX 75247 Date: 10/11/07 TRC-2 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION 49 CFR PART 29 The Bidder certifies, by submission of this proposal or acceptance of this contract, that neither it nor Its principals Is presently debarred, suspended, proposed for debarment, declared lneUglble, or voluntarily excluded from participation In this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will Include this clause without modification In all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Bidder or any lower tier participant Is unable to certify to this statement, it shall attach an explanation to this solicitation/pro sal. Title: Gi lb ert May, Pres id ent Address: 4861 S harp St. D a ll as TX 7 524 7 Date: 10/1 1/0 7 CERTIFICATION OF NONSEGREGATED FACILmES 41 CFR 60-1.8 The Federally Assisted construction Contractor certffles that he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally-assisted construction Contractor agrees that a breach of this certification Is a violation of the Equal Opportunity Clause In this Contract. As used In this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally-assisted construction contractor agrees that ( except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain Identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that he will retain such certifl on In his files. Title: Gil bert May, Pre s id e nt Address: 4861 Sh a rp St. Dallas, TX 75247 Date: I 0/11 /07 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bil 620 relative to the award of contracts to nonresident bidders. This law provides that, In order to be awarded a contract as low bidder, nonresident bidders {out-of-State contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, Improvements, supplies or services In Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder In order to obtain a comparable contract In the State In which the nonresident's principal place of business Is located. The appropriate blanks In Section A must be filled out by all out-of-State or nonresident bidders In order for your bid to meet specifications. The failure of out-of-State or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box In Section B. A. Nonresident vendors In {give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors In {give State), our principal place of business , are not required to underbid resident bidders. B. Our principal place of business or corporate offices are In the State of Texas. 0 BIDDER: 4861 Sharp St. Dallas TX City State 75 247 Zip By: Gilbert May (Please print) Title: President {Please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION IMPORTANT If the certificate holder is an ADDITIONAL INSURED , the policy(ies) must be endorsed . A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy , certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend , extend or alter the coverage afforded by the policies listed thereon . ACORD 25 (2001/08) CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.CA Labor Code §406.96 (2000), as amended, Contractor certifies that It provides workers' compensation Insurance coverage for all of Its employees employed on City of Fort Worth Department of Engineering NO. 5668 STATE OF TEXAS § § COUNTY OF TARRANT § Name: Gilbert May Title: President Date: 10 /11/07 Before me, the undersigned authority, on this day personally appeared ~:i...L.M-......1..-..M.U~--'' known to me to be the person whose name Is subscribed to the foregoing owledged to me that he executed the same as the act and deed of __ _ ....:i:..a:....1:1.li.:~4-'~.:.l.4-...i..,."4..j,.AUU.::::.:i..i,..:::CS;.:...J.. ___ forthe purposes and consideration therein expressed and EQUIPMENT SCHEDULE ii List of Equipment owned by Bidder that is In serviceable condition and available for use: T~e Phillips/May Corporation''s philosophy regarding equipment is to minimize capital expenditures Therefore, our company daes oat awn a s11bstaotial arornmt at specialized construction equipment other than our fleet of twenty (20) work twcks Our approach ta construction equipment os to lease on an as needed basis in order to minimize maintenance cost. This approach also ensures that we always have the access ta the aptim11m eq11ipment needed to com~lete specific projects. It further guarantees that our team is supported by the . la~est technology available to the construction industry I ast year am rental b11dget totaled $437,615.00. References can be proyjded upon request Portions of work Bidder proposes to sublet in case of Award of · Contracts including amount and type: Pavement -Crack -Sealing -Install Pavement -Seal Coat -Install .$166,258 $157 548 1· ; I I .I List of $6 ,442 ,092 .00 TSR Pro·ect $2 ,877 ,147.00 Maria Luna Food s'rvc Fae. $4 ,500 ,000 .00 Misc Construction Svcs EXPERIENCE RECORD U/6 Utilities • enovation Demolition Utilities Maintenance December 2004 December 2006 April 2007 June 2007 List of projects your organization Is now engaged In completing: Amount Of Contract Type of Anticipated Award Work Date of Completion $4 ,182 ,594 .00 Ground-Up August2007 ' Utility Fort Hood Fire Station Site Work $566,477.00 Markings November 2007 Airfield Markings & Signage $1 ,032 ,641 .00 Aprons July 2007 Aircraft Parking Aprons Rehab. $919 ,785 .00 Dirt Work July 2007 Channel Rehabilitation List Sur~ty Bonds In force on above lneomplete work: Date of Contract Award Type of Work Amount of Bond Bond · ' Jun e 2006 Ground-Up $40 ,697 I November 2002 Markings $8 ,833 June 2006 Aprons $14 ,233 August 2006 Dirt Work $12,483 Name and Address of Owner DFW International Airport 3003 S . Service Rd . Dallas Independent School District 2707 N . Slemmons Frwy , #230 7 Name and Address of Owner US Army Corps of Engineers P . 0 . Box 757 Killeen , TX 76540 DFW loternational Airport 3003 S . Service Rd . DFW A irport , TX 75261 DFW International Airport 3003 S . Service Rd . DFy'V Airport , TX 75261 DFW International Airport 3003 S . Service Rd . DFW Airporl, TX 75261 Name and Address of Surety Aon Risk Services 2711 N . Haskell , Suite 800 Dallas , Texas 75204 Aon Risk Services 2711 N. Haskell , Suite 800 Dallas . Texas 75204 Aon Risk Services 2711 N . Haskell , Suite 800 Dallas , Te xas 75204 Aon Risk .Services 2711 N. Haskell , Suite 800 Dallas , Texas 75204 Bond No . 2275556 01 -28-08P02:32 RCVD PERFORMANCE BOND TJIE ST ATE OF TEXAS § KNOW ALL BY THESE PRESENTS : COUNTY OF TARRANT § Independence Casualty and That we (1) Phillips/May Corporation as Principal herein, and (2) Surety Company a corporation organized under the laws of the State of (3) Texas and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas , Obligee herein, in the sum of: Four Hundred Seventy-seven. Thousand Three Hundred Thirty-three and no/100 ...................... . ($477,333.00) Dollars for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents . JAN 29 2008 WHEREAS, Principal has entered into a certain contract with the Obligee dated the __ of ___ ___, 2008 a copy of which is attached hereto and made a part hereof, for the construction of: Fort Worth Alliance Airport Shoulder Rehabilitation Project, Phase 1 NOW THEREFORE, the condition of this obligation is such, if the said Principle shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein . IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument . JAN 2 9 2008 SIGNED and SEALED this __ of • 2008. ATTEST: (Principal) Secretary ·. - (SEAL) AITEST: (SEAL) ~?Ylou:~ Witness as to Surety 4861 Sharp St Dallas, TX 75247 Independence Casualty and Surety Company (Address) P .O . Box 85563, San Diego, CA 92186-5563 BY : ~Ormto (Attorney-in-fact) (5) Christine Davis 2711 N . Haskell Avenue, Suite 800 Dallas, TX 75204 (Address) NOTE : Date of Bond must not be prior to date of Contract (l) Correct Name of Contractor (2) Correct name of Surety (3) State of incorporation of Surety Telephone number of surety must be stated . In addition , an original copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact . The date of bond shall not be prior to date of Contract . 2711 N . Haskell Avenue, Suite 800, Dallas, TX 75204 (Address) THE STATE OF TEXAS COUNTY OF TARRANT § § § PAYMENT BOND Bond No . 22 75556 KNOW ALL BY THESE PRESENTS : Independence Casualty and That we, (1) Phillips/May Corporation, as Principal herein, and (2) Surety Company --~ a corporation organized and existing under the laws of the State of(3) Texas as surety, are held and firmly bound unto the City of Fort Worth, a munic ipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Four Hundred Seventy-seven Thousand Three Hundred Thirty-three and no/100 ....................... Dollars ($477,333.00) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators , successors and assigns, jointly and severally, firmly by these presents : JAN 2 9 2008 WHEREAS , the Principal has entered into a certain written contract with the Obligee dated the __ day of ___ _, 2008, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length , for the following project : Fort Worth Alliance Airport Shoulder Rehabilitation Project, Phase 1 NOW, TIIEREFORE, THE CONDITION OF THIS OBLIGA TlON IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defmed in Chapter 2253 , Texas Government Code , as amended) supplying labor or materials in the pro secution of the work und er the contract, then this obligation shall be void ; otherw ise, to remain in full for ce and effect. PROVIDED, HOWEVER, that this bond is executed pursuant t o Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in ac cordance with the provisions of said statute, to th e same extent as ifit were cop ied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have exe cut ed this in strum ent. JAN 2 g 2008 SIGNED and SEALED this __ day of, 2008 . (SE AL) Address : 4861 Sharp St Dallas, TX 75247 Witness: as to Principal Independence Casualty and Surety Compa ny (SE AL) Name : Christine Davis Attorney in Fact Address :---------- P . o . Box 85563 (24=!'<-<--k ~~ San Diego, CA 9 2 186-5563 Telephone Number: 858-350-2 400 Witness as to Surety NOTE: (1) (2) (3) Correct name of Principal (Contractor). Correct name of Surety. State of incorporation of Surety Telephone number of surety must be stated . In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Bo nd No. 22 75556 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OFT ARRANT § Independenc e Casual t y and That Phillips/May Corporation {"Contractor"), as principal , and sur ety company __ __,_ a corporat ion organized under the laws of the State of Texa s , (" Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth , a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas , ("City") in Tarrant County, Texas, the sum of Four Hundred Seventy-seven Thousand Three Hundred Thirty-three and no/100 ................................................................................................................................... Dollars ($477,333.00), lawful money of the United States , for payment of which sum well and truly be made unto sa id City and its successors , said Contractor and Surety do hereby bind themselves , their heirs , executors, administrators, assigns and successors , jointly and severally . This obligation is conditioned, however, that: WHEREAS, said has this day entered into a written Contract wit h the City of Fort Worth , dated the __ o 0.82008 , a copy of which is hereto attached and made a part hereof, for the performance of the following described pub li c improvements: Fort Worth Alliance Airport Shoulder Rehabilitation Project, Phase 1 the same being referred to herein and in said contract as the Work and being des ignated as project number(s) G14-030218034100 and said contract , includ ing all of the specifications , conditions , addenda , change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; an d, WHEREAS , in sa id Contract , Contractor binds itself to use such materia ls and to so construct the work that it will remain in good repair and conditio n for and during a per iod of after the date of the fina l acceptance of the work by the City ; and WHEREAS , said Contractor binds itself to maintain said work in good repa i r and cond it ion for said term of Two (2) years ; and WHEREAS, said Contractor binds itself to repa ir or reconstruct the Work in whole or in part at any t ime wi thin said period , if in the op inion of the Director of the City of Fort Worth Department of Engineering , it be necessary; and , WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided . NOW THEREFORE, if said Contractor shall keep and perfom, its said agreement to maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said Contract , these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. IN WITNESS WHEREOF, this instrument is executed in§ counterparts , each of which shall be deemed an original, this __ day cJ N 2 9 200~ A.D . ~. ATTEST: (SE AL) ~ ATTEST: (SE AL) Se~ Independence Casualty and Surety Co mpany Surety Name:Christine Davis Title: Attorney-in-Fact P .O . Box 85563 San Diego , CA 9 2 186-5563 Address No. 0004775 ICWGROUP Power or Attorney Ins ura nce Company or th e Wes t Exp lorer Ins u rance Company Independence Casualty and S u rety Compa ny KNOW ALL MEN BY THESE PRES ENTS : Tha t In s uran ce Company of the West, a Corpora ti o n dul y organi zed und e r th e laws of the S tat e of Cali fo rni a, Ex plorer In s urance Company, a Corporation dul y o rgani zed und e r th e laws of the State of Californi a, and Ind e pende nce Cas ua lty and S urety Com pa ny, a Corpora tion dul y organi ze d under th e laws of th e State of Texas, (coll ecti ve ly re forred to as th e "Compa ni es"), d o here by appoint DON E. CORN ELL , LI SA M. BONNOT, ROBBI MORALES , J ERRY P. ROS E, IU CARDO J. RE YN A, LU KE J. NOLA N, JR ., C HRISTINE DA VIS the ir tru e a nd lawful Attomey(s)-in-Fac t with authority to da te, ex ecute , s ign, sea l, a nd de liver on be ha lf o f th e Companies, fid e lity and sure ty bo nds, undertakings, and oth e r s imi lar contracts of s uretyshi p, a nd a ny re la ted d ocum e nts. In w itn ess whe reo f, th e Com pa ni es have ca used th ese presents to be executed by its dul y a uthori zed o m ce rs thi s 2nd day of Janu ary, 2008 . Jeffrey D. Sweeney, Ass istant Sec re tary S tate of Californi a Coun ty o f San Di ego } ss . I NSURANCE COM PANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENC E CAS UALTY AND SURETY COMPA Y J . Do uglas Bro wne, Seni or Vi ce Pres id e nt On January 2, 2008 , be fore me , Mary Cobb, Notary Pu blic , personall y a ppeared J. Do ugl as Browne and Je ffrey D. Sweeney, w ho proved to me on th e bas is of sati sfacto ry evide nce to be th e person(s) who se na me(s) is/are sub scri be d to th e w ithin in strum ent, and ackn o wl edged lo me th at th ey exec uted th e sa me in th e ir a uth ori zed capaciti es, and that by th e ir s ig natures on th e in strum ent, th e ent ity upon behal f of wh ic h th e pe rso ns acted, exec uted th e in strum e nt. I certify und er PE NA LT Y OF PERJURY und er th e laws of th e State o f California th at the for egoin g paragra ph is true and correct. a MARYC088 I COMM . .-W 602390 R NOTARY PU8UC-CM.RRMA SAN OIEGO COUNTY MY commission E= -SEPTEMBER 20. RESO LUTION S Wi tness my ha nd a ad o ffi c ia l sea l. Mary Cobb, Notary Publi c Thi s Powe r of Attorney is gra nted a nd is s igned, sea led an d notar ized w ith facs imil e signatures and seals und e r a uth ority o f th e foll owin g resolutions adopted by th e respective Boa rd s of Directors ·o r each of th e Compa ni es: "RE SOLV ED: That the Presid e nt, an Exec utive or Se nior Vi ce Pres id ent of th e Company, togeth er wi th th e Secretary or a ny Assistant Secre tary, a re he re by a uthori zed to execute Powers o f Attorn ey appointing th e pe rson(s) na med as A ttorn ey(s)-in-Fact to date, exec ute, s ign, seal, and de li ver on behalf o f th e Compa ny, fid e l ity and sure ty bond s, un de rtakings, and othe r si mil a r contracts of suretyship, and a ny re lated docum e nts . RESOLV ED FURTH ER: T ha t the s ignatures of the omce rs making the appoi ntm ent , a nd th e s ignature of an y omcer certi fy in g th e validity and current sta tu s o f th e a ppo intme nt, may be fac s imil e re prese nta tions o f those signatures ; a nd th e s ignature and sea l o f any nota ry , a nd th e seal o f th e Company, may be fa csimil e re presenta tion s o f those si gnatures and seals, and s uc h fa cs imil e represent ation s s ha ll ha ve th e sam e fo rce and e ffect as if ma nu a ll y a m xed. T he fa cs im ile representation s referred to he re in may be a m xed by stampin g, printin g, ty ping, or photoco py in g." CERTlFICAT E I, the unde rs igned , Ass ista nt Sec retary of In s urance Com pa ny of th e Wes t, Ex plore r In s uran ce Compa ny, and Ind e pend ence Cas ua lty and S urety Company, do he reby certi fy that th e forego in g Powe r of Attorney is in full fo rce and e ffect, and has not bee n revoked , and tha t th e abo ve resolution s were du ly adopted by the res pecti ve Board s of Directors o f th e Com pa ni es, and a re no w in full fo rce. JAN 2 9 2008 IN WITN ESS WHEREOF, I have set my hand thi s d ay o f ____________ ~ ____ _ Je ffr ey D. Sweeney, Assistant Sec retary To ve ri fy th e authe nti c ity of thi s Po we r of At!orney you m ay ca ll 1-800-877-1 111 and ask fo r th e Surety Di v is ion. Pl ease refe r to th e Powe r o f A ttorn ey Num be r, th e a bo ve named indi v idual (s) and de tai ls of U1 e .bo nd to whic h th e po wer is a ttached. For information or filin g cla im s, pl ease con tact S urety C la im s, JC W Group , 11 45 5 El Camin o Real, Sa n Di ego, CA 92 130-2045 or call (85 8) 350-2400. IMPORTANT NOTICE To obtain information or make a complalnt: you may contact the Texas Department pf Insurance fo obtain Information on companies, coverage, rights or complalnts at: 1-800-252-3439 You may write the Texas Department of Insurance at; P .O. Sox .149104 Austin, Texas 79714-9104 FAX No. (612) 475-1771 Premium or Claim Disputes : Should you have a dispute concerning your premium or a clalm you ~hould contact the Surety first. ff the dispute Is not resolved, you may oontact the Texas ,Department of Insurance . A TI'ACH THIS NOTICE TO YOUR POLICY:. This .notice is for information only and does not become a part or condition of the attache4:idooument. · 1.c.w. Group 11466 El Camf"o Rear San .Diego, OA 92130 .. 2045 P.O. Box 86683 San Diego, CA 92188-5663 1-800·817 ·1111 ~tlWGA.OUP THE STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH, TEXAS CONTRACT KNOW ALL BY THESE PRESENTS 1.IAf J 2 9 20"J This agreement made and entered into this the __ day of A.D ., 2008, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas , organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11 1h day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule " provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city , and the City of Fort Worth being hereinafter termed Owner, Ph ill ips/May Corporation, HEREINAFTER CALLED Contractor. WITNESSETH: That said parties have agreed a s follow s: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith , the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Fort Worth Alliance Airport Shoulder Rehabilitation Project, Phase I 2. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools , appliances and materials n ecessary for the construction and completion of said project in accordance with the P lans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which P lans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of Eng ineering of the City of Fort Worth. 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 60 calendar days . If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $210 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5 . Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 Contractor covenants and agrees to ind e mnify City 's engineer and architect, and their personnel at the project site for Contractor 's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property Joss , property damage, personal injury, including death , arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employ ees, subcontractors, licensees or invitees , whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and again st any and all injuries to Owner's officers , servants and employees and any damage , loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees .. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved , or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, on the ex ecution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulation s of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be for 100 percent of the total contract price, and said surety shall be a surety company duly and legally authorized to do business in the State of Texas , and acceptable to the City Council of the City of Fort Worth. 8. Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work , and for all additions thereto or deductions therefrom , the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates n/a , shall be Four Hundred Seventy-seven Thousand Three Hundred Thirty-three and no/100 .................................................................................................................... Dollars, ($477,333.00). 9 . It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in ~ counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached . The Contractor has executed this instrument through its duly authorized officers in~ counterparts with its corporate seal attached. 'JAI i 2 9 2003 Done in Fort Worth , Texas, this the __ day of ____ ...._A.D., 2008. RECOMMENDED: BY:~ I DIRECTOR, DEPARTMENT OF ENGINEERING APPROVE~ , TRANSPORTATION/PUBLIC WORKS DIRECTOR Phillips/May Corporation 4861 Sharp St. Dallas, TX 75247 CONTRACTOR BY ~ TITLE ':-t&iol '3bo..r:p&. · Ut11a.&lY -m.q1 ADDRESS November 1960 Revised May 1986 Revised September 1992 CITY OF FORT WORTH CITY MANAGER Fernando Costa, Acting Assistant City Manager ATTE ST : CITY SE CRET ARY (SE AL) Date APPROVED AS TO FORM AND LEGALITY : ri z a ti on ---: PART I -SPECIAL PROVISIONS PARTI SPECIAL PROVISIONS General Scope. It is the intent that the work included in the contract shall include Shoulder Rehabilitation Project -Phase 1, and related work, at the Airport. 1. Amount of Liquidated Damages. The amount of liquidated damages determined in accordance with Section 80-08 "Failure to Complete On Time" shall be $750.00 per calendar day. 2. Warranty of Construction. In addition to any other warranties set out elsewhere in this contract, the Contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect of equipment, material or design furnished, or workmanship performed by the Contractor or any of his Subcontractors or Suppliers at any tier. Such warranty shall continue for a period of TWO YEARS from the date of final acceptance of the work, but with respect to any part of the work which warranty shall continue for a period of TWO YEARS from the date City of Fort Worth takes possession. Under this warranty, the Contractor shall remedy at own expense any such failure to conform or any such defect. In addition, the Contractor shall remedy at his own expense any damage to City of Fort Worth owned or controlled real or personal property, when that damage is the result of the Contractor's failure to conform to contract requirements or any such defect of equipment, material, workmanship or design . The Contractor shall also restore any work damaged in fulfilling the terms of this clause. The Contractor's warranty with respect to work repaired or replaced hereunder will run for TWO YEARS from the date of such repair or replacement. The City of Fort Worth shall notify the Contractor in writing within a reasonable time after the discovery of any failure, defect or damage. Should the Contractor fail to remedy any failure, defect or damage described in (a) above within reasonable time after receipt of notice thereof, the City of Fort Worth shall have the right to replace, repair or otherwise remedy such failure, defect, or damage at the Contractor's expense. In addition to the other rights and remedies provided by this clause, all subcontractors', manufacturers' and suppliers' warranties expressed or implied, respecting any work and materials shall, at the direction of the City of Fort Worth, be enforced by the Contractor for the benefit of the City of Fort Worth. In such case, if the Contractor's warranty under (a) above has expired, any suit directed by the City of Fort Worth to subcontractor's, manufacturer's or supplier's warranty shall be at the expense of the City of Fort Worth. The Contractor shall obtain any warranties which the subcontractors , manufacturers, or suppliers would give in normal commercial practice. If directed by the Engineer, the Contractor shall require any such warranties to be executed in writing to the City of Fort Worth . Notwithstanding any other provision of this clause, unless such a defect is caused by the negligence of the Contractor or his subcontractors or suppliers at any tier, the Contractor shall not be liable for the repair of any defects of FTW _Front_Ends.doc 1-1 material or design furnished by the City of Fort Worth for the repair of any damage which results from any such defect in the City of Fort Worth furnished material or design. Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the City of Fort Worth, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the work. The City of Fort Worth will give notice of observed defects with reasonable promptness. 3. Parking of Construction Equipment. At night and during all other periods of time when equipment is not being actively used on the construction work, the Contractor shall park the equipment at locations which are approved by the Engineer and/or as directed by the Airport Manager. The Contractor shall provide adequate barricades, markers and lights to protect the City of Fort Worth, Texas , Alliance Airport, the public and the other work. All barricades, lights and markers must meet the requirements of these specifications and must be approved by the Engineer. 4. Access Routes, Staging Areas and Storage Areas. The staging area will be as shown on the construction plans. All haul roads and access routes and the location of any additional staging areas and storage areas will be subject to the approval of the Engineer. The Contractor shall be responsible for maintaining and repairing all roads and other facilities used during construction. Upon completion of the project, all existing roads shall be left in a condition equal to that at the time the Contractor commences work on this project. 5. Water for Construction. Water for construction will be obtained from the City of Fort Worth. The Contractor shall provide a meter to measure water consumption and shall pay the City of Fort Worth for water consumed. 6. Coordination of Work. It shall be the responsibility of the Contractor to coordinate his work with any public or private utility engaged in the installation of new or adjustment of existing facilities on or adjacent to the project site. 7. Work Hours and Closure. Work hours will be as follows: a. All work shall be performed during daylight hours. 8. Airfield Operations. This Project is located within the active air operations area (AOA) of the Airport. 9. Protection of Existing Utilities and Improvements . The Contractor shall take adequate measures to protect all existing structures, improvements and utilities which may be encountered. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the Owner to be accurate as to location and depth; they are shown on the plans as the best information available from the owners of the utilities involved and from evidences found on the ground. FTW_Front_Ends.doc 1-2 The Contractor shall determine the exact location of all existing utilities and conduct his work so as to prevent interruption of service or damage to them. The Contractor shall be responsible for the replacement of any utility damaged by him and shall likewise be responsible for losses to the utility owner due to any disruption to the service of the utility caused by the Contractor. 10. Sanitary Facilities. The Contractor shall provide suitable sanitary facilities for use of his employees and inspection personnel. Such facilities, temporary or permanent, shall meet local sanitary codes, and may not contribute untreated sewage to any dry or flowing watercourse. There will be no separate payment for this item. 11. Insurance Required. The Contractor shall not commence work under this contract until he has obtained all insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance of the subcontractor has been so obtained and approved. All insurance policies must show the Owner as additional insured (General Liability, auto, etc.). a. Worker's Compensation Insurance. The Contractor shall take out and maintain during the life of this contract Workmen's Compensation Insurance for all of his employees at the site of the project; and in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employee engaged in hazardous work under this contract at the site of the project is not protected under Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected. The minimum amounts of such insurance shall be as follows: (1) State -Statutory (2) Applicable Federal -Statutory (3) Employer's Liability -$500,000 b. Comprehensive General Liability and Property Damage Insurance. The Contractor shall take out and maintain during the life of this contract such Comprehensive General Liability and Property Damage Insurance as shall protect him and any subcontractor performing work covered by this contract from claims for damages or personal injury, including accidental death, as well as from claims for property damages which may arise from operations under this contract , and including explosion , collapse and underground coverage, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: FlW _Front_Ends.doc Bodily Injury. (1) Each Occurrence -$1,000,000 (2) Annual Aggregate -$1,000 ,000 1-3 Property Damage Insurance. (1) Each Occurrence -$1,000,000 (2) Annual Aggregate -$1,000,000 Property damage liability insurance providing Explosion , Collapse and Underground coverages. c. Comprehensive Automobile Liability. Bodily Injury (1) Each Person -$500,000 (2) Each Accident-$1,000 ,000 Property Damage (1) Each Occurrence -$1,000,000 d. Contractual Liability. Bodily Injury (1) Each Occurrence -$1,000,000 Property Damage (1) Annual Aggregate -$1,000,000 e . Such insurance will be subject to the following deductible amount: $250 .00. The City of Fort Worth, Texas and Alliance Airport shall be named as additional insured parties for the project. The Contractor's general liability carrier shall issue a separate Protective Liability Policy covering Owner and Engineer providing coverage for not less than the amounts listed above. f . Proof of Carriage of Insurance.. The Contractor shall furnish the Owne r with satisfactory proof of carriage of the insurance required . All the certificat es of insurance required to be purchased and maintained by the contractor will contain a provision or endorsement that the coverage will not be cancelled or materially changed or renewal refused until at least 30 days prior written notice has been given to the Owner by certified mail. 12 . Award of Bids . The Owner may reject any or all bids . The Project will be awarded solely at the Owner's discretion to the Lowest Qualified Bidder for the Base Bid or the Base Bid plus Alternate Bid No. 1, or the Base Bid plus Alternate Bid No. 2 or the Base Bid plus Alternate Bid No. 1 and Alternate Bid No. 2. FTW_Front_Ends.doc 1-4 13. Construction Time. The Owner reserves the right to abandon , without obligation to the Contractor, any part of the project, or the entire project, at any time before the Contractor · begins any construction work authorized by the Owner. 14. Retainage on Partia l Payments . For this contract, the Owner will deduct and retain Five (5) Percent of the total amount of the partial payment until the final payment is made. 15. Final Acceptance .and Payment. Final payment, including retainage , will be made upon acceptance of the completed project by the Owner. 16 . Construction Record Drawings. a . The contractor shall keep a complete and accurate record of all changes or deviations from the Contract Documents. This record set of prints of the Contract Drawings and Specifications shall be kept on site . The Owner or Owners Authorized representative (OAR) shall at all times have access to review record drawings for completeness and accuracy. b. The Owner may withhold the 5% retainage if the contractor fails to comply with the requirements of this Article. c. The Contractor shall provide to the Owner or Owners Authorized Representative one ( 1) complete record set of Red Line record documents of Contract Drawings and Specifications modified to reflect all changes made by Addenda, Contract Change Order and field Modifications, on the date of Substantial completion of the entire work . The Engineer shall incorporate changes noted and produce a set of mylars to be delivered to the Owner. The mylars of the Contract documents and the cover sheet of the Contract specifications to be stamped with a "RECORD DRAWINGS" stamp and dated . 17. The General Provisions are hereby replaced or amended as follows by General Provision paragraph designated: 10-27 Shall be modified as follows: MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 5 percent of the total amount of the award contract. All other items shall be considered minor contract items. 20-03 Contents of Proposal Forms . The following paragraph shall be added to this section: ADDENDA. Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt on the proposal form. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 392-7910. Bids that do not acknowledge all applicable addenda may be rejected as non -responsive . 20-07 Preparation of Proposal. The following paragraph shall be added to this section : FlW _Front_Ends.doc 1-5 Bidders shall not separate, detach, or remove any portion, segment or sheets from the contract documents at any time. Failure to bid fully execute contract wi t hout retaining contract documents intact may be grounds for designating bids as Onon- responsiveo and rejecting bids or voiding contract as appropriate and as determined by City Engineer. 20-08 Irregular Proposals. The following paragraph shall be added to this section: AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal , the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 20-09 Bid Guarantee . The following paragraphs shall be added to this section: BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the Ci ty of Fort Worth, in an amount of not less than five (5) percent of the Total Base Bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents with in ten (10) days after the contract has been awarded . To be an acceptable surety on the bond, the name of the surety shall be included on the current U.S. Treasury list and the amount of the bond shall not exceed the amount shown on the U.S. Treasury list for that company. 30-02 Award of Contact. The following paragraphs shall be added to this section: The award of a contract, if it is to be awarded, shall be made within 49 calendar · days of the date specified for publicly opened proposals, unless otherwise specified herein. The contract will be awarded to the Lowest Qualified Bidder for the Base Bid or the Base Bid plus Alternate Bid No. 1, or the Base Bid plus Alternate Bid No. 2 or the Base Bid plus Alternate Bid No. 1 and Alternate Bid No. 2. The City reserves the right to reject any or all bids . FINANCIAL STATEMENT: A current certified financial statement may be required by Director of the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required , is to be prepa red by an independent Public Accountant holding a valid permit issued by an appropriate State Licens ing Agency. 30-05 Requirements of Contract Bonds. The following paragraphs shall be added to this section: PAYMENT BOND AND PERFORMANCE BOND : The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidde r shall be required to furnish a performance bond as well as a payment bond, both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City . All bonds furnished FTW _Front_Ends.doc 1-6 hereunder shall meet the requirements of Article 5160 of the Revised Civil Statutes of Texas, as amended. In order for a surety to be acceptable to the City, the name of the surety shall be included on the current U.S. Treasury list (Circular 570) of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the contractor and the surety company. No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract to be awarded is less than $100,000, the performance and payment bonds are not required if the successful bidder states in its bid that payment is not due until the work is completed and is accepted by the City. Provided, however, that this paragraph does not affect the furnishing of a maintenance bond, if same is required by the specifications. It is presumed that the successful bidder agrees to provide performance and payment bonds unless the bidder, on the bid proposal, states otherwise. 40-01 Intent of Contract. The following paragraphs shall be added to this section: The contractor shall provide all utility services required to construct the project, including, but not limited to, electrical service, water service and telephone service. The contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of Two (2) Years from the date of final acceptance of this project by the City Council of the City of Fort Worth and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. 40-02 Alteration of Work and Quantities. The following paragraphs shall be added to this section: All Supplemental Agreement shall require consent of the Contractor's Surety and Separate Performance and Payment Bonds. The City reserves the right to abandon, without obligation to the Contractor, an part of the project, or the entire project, at any time before the Contractor begins any construction work authorized by the City. 40-04 Extra Work. The following paragraphs shall be added to this section: The quantities shown in the proposal are approximate. It is the Contractor's sole responsibility to verify all the pay item quantities prior to submitting a bid. FTW _Front_Ends.doc 1-7 When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is more that 125% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of the work above 125% of the quantity stated in the contract. When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is less than 75%of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the port ion of work below 75% of the quantity stated in this contract. This paragraph shall not apply in the event Owner deletes a pay item in its entirety from this contract. A major pay item is defined as any individual bid item included in the proposal that has a total cost equal to greater than 5 percent of the original contract. A minor pay item is defined as any individual bid item included in the proposal that has a total cost less than 5 percent of the original contract. In the event Owner and Contractor are unable to agree on a negotiated price, Owner and Contractor agree that the consideration will be the actual field cost of the work plus 15 percent as described herein below, agreed upon in writing by the Contractor and Director of the Department of Engineering and approved by the City Council after said work is completed , subject to all other conditions of the contract. As used herein, field cost of the work will include the cost of all workmen, foremen , time keepers, mechanics and laborers; all materials, supplies, trucks, equipment rental for such time as actually used on such work only, plus all power, fuel, lubricants, water and similar operating expenses; and a ratable portion of premiums on performance and payment bonds, public liability, Workers Compensation and all other insurance required by law or by ordinance. The Director of the Department of Engineering will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and the type and kind of equipment to be used, but such work will be performed by the Contractor as an independent Contractor and not as an agent or employee of the City. The 15 percent of the actual field cost to be paid to the Contractor shall cover and compensate him for profit, overhead, general supervision and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein specified. Upon request, the Contractor shall provide the Director of the Department of Engineering access to all accounts, bills and vouchers relating thereto. 40-05 Add: The cost of maintaining vehicular traffic shall not be measured directly, but shall be considered subsidiary to the project. 50 -16 Claims for Adjustment and Disputes . The following paragraphs shall be added to this section: (a) Contractor agrees that the City shall , until the expiration of three (3) years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving FlW _Front_Ends.doc 1-8 transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and conduct audits in compliance with the provisions of this section. The City shall give contractor responsible advance notice of intended audits. (B) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor involving transactions to this subcontract, and further, that City shall have access during normal working hours to all appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor responsible advance notice of intended audits. 60-09 SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material which has been specified. Where the term "or approved equal" is used, it is understood that if a material , product, or piece of equipment bearing the name so used is furnished it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed for use, the Engineer's approval thereof must be obtained before the proposed substitute is procured by the Contractor. Where the term "or equal" or "or approved equal" is not used in specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of this sub-section as related to DSubstitutionsD shall be applicable to all sections of these specifications. 70-01 Laws to be Observed: The following paragraphs shall be added to this section : During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes . EMPLOYMENT: All bidders will be required to comply with City Ordinance NO. 7278 as amended by City Ordinance NO. 7400 (Fort Worth City Code Section 13-A-21 through 13-A-29) prohibiting discrimination in employment practices. WAGE RATES: All bidders will be required to comply with provision 5159a of "Vernons Annotated Civil Statutes" of the State of Texas with respect to the payment FTW _Front_Ends.doc 1-9 of prevailing wage rates as established by the City of Fort Worth, Texas and set forth in Contract Documents for this project. DISADVANTAGED BUSINESS ENTERPRISES: The City of Fort Worth has goals for the participation of Disadvantaged Business Enterprises (DBE) in City contracts. In order for a bid to be considered responsive, the compliance statement, Attachments "IA", "IB", and/or "IC", contained in the proposal must be completed and submitted to the bid contracting officer no later than 5:00 p.m., three (3) business days after the bid opening date. FAILURE TO DO SO SHALL RESULT IN THE PROPOSAL BEING NON-RESPONSIVE. 70-19 Environmental Protection. The following paragraph shall be added to this section: Prior to the disposing of any spoil/fill materials, the contractor shall advise the Director of Transportation and Public Works , acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such materials until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance NO. 10056). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a flood plain without a permit. A flood plain perm it can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in'a flood plain. Approval of the contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at contractor's expense. In the event that the contractor disposes of spoil/fill material in a site without a fill permit or a letter from the A9ministrator approving the disposal site, upon notification by the Director of the Department of Engineering, Contractor shall remove the spoil/fill mater ial at it's expense and dispose of such materials in accordance with the Ordinances of the City and this section. 80-05 Add : The Owner and/or the Engineer may require the replacement of any employee, including supervisors, of the Contractor or Subcontractors found to be unsuitable or unqualified. 80-06 Add: The Engineer shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to safety-related reasons. 80-07 Seasonal weather conditions shall be considered and included in the planning and scheduling of all work influenced by high or low ambient temperature, precipitation and/or saturated soil to ensure completion of all Work within the Contract Time. Average historical climatic conditions for the preceding ten (10) years are published by the National Oceanographic and Atmospheric Administration (NOAA) and entitled "Local Climatological Data -Dallas/Fort Worth, Texas." FTW_Front_Ends.doc 1-10 For planning purposes, the following shall be considered average work days lost per month due to weather conditions: LOST MONTH TIMEIN WORK DAYS Januarv 5 Februarv 4 March 5 Aoril 6 May 6 June 4 July 4 AU!lUSt 4 September 5 October 4 November 4 December 4 Contract time extensions for abnormal weather will be granted only to the extent that the actual time lost during a particular month exceeds the average lost time indicated in the above table. Time extensions granted for abnormal weather are not compensable. 90-07 Add: Payment for materials on hand shall be limited to materials required for incorporation into the work within a maximum of 30 days. F1W_Frqnt_Ends.doc 1-11 PART II -WAGE, LABOR, EEO AND SAFETY REQUIREMENTS PART II WAGE, LABOR, EEO AND SAFETY REQUIREMENTS SECTION A Federal Aviation Administration (FAA) Requirements A-1 Airport and Airway Improvement Program Project. The work in this contract is included in Airport Improvement Project NO. 3-48-0296-32-2007 which is being undertaken and accomplished by Alliance Airport, in the City Fort Worth, Texas (Owner), in accordance with the terms and conditions of a grant agreement between Alliance Airport, Texas (Owner), and the United States under the Airport and Airway Improvement Act of 1982 (P.L. 97-248) as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987 (P.L. 100-223) and Part 152 of the Federal Aviation Regulations (14 CFR Part 152), pursuant to which the United States has agreed to pay a certain percentage of the costs under that Act. The United States is not a party to this contract and no reference in this contract to the FM or any representative thereof or to any rights granted to the FM or any representative thereof or the United States by the contract makes the United States a party to this contract. A-2 Airport and Airway Improvement Act of 1982, Section 520. The Contractor assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the Contractor or its transferee for the period during which Federal assistance is extended to the airport program, except where Federal assistance is to provide, or is in the form of personal property or real property of interest therein or structures or improvements thereon. In these cases the provision obligates the party of any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of Contractors, this provision binds the Contractor form the bid solicitation period through the completion of the Contract. A-3 Consent to Assignment. The Contractor shall obtain the prior written consent of the City of Fort Worth and Alliance Airport, Texas (Owner), to any proposed assignment of any interest in or part of this contract. A-4 Rights to Inventions (49 CFR Part 18). All rights to inventions and materials generated under this contract are subject the regulations issued by the FM and the Owner of the Federal Grant under which this contract is executed. Information regarding these rights is available from the FM. A-5 Convict Labor. No convict labor may be employed under this contract. A-6 Veterans Preference (Airport & Airway Improvement Act of 1982, Section 515). In the employment of labor ( except in executive, administrative and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans as defined in Section 515( c )( 1) and (2) of the Act. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. FTW _Front_Ends.doc 11-1 A-7 Withholding: Owner from Contractor. Whether or not payments or advances to the City of Fort Worth, Texas (Owner}, are withheld or suspended by the FAA, the City of Fort Worth, Texas (Owner), may withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor on the work the full amount of wages required by this contract. A-8 Nonpayment of Wages. If the Contractor or subcontractor fails to pay any laborer or mechanic employed or working on the site of the work any of the wages required by this contract, the City of Fort Worth, Texas (Owner), may after written notice to the Contractor take such actions as may be necessary to cause the suspension of any further payment or advance of funds until the violations cease. A-9 Inspection of Records (49 CFR Part 18). The Contractor shall maintain an acceptable cost accounting system. The Owner, the FAA and the Comptroller General of the United States shall have access to any books, documents, paper, and records of the Contractor which are directly pertinent to the specific contract for the purposes of making an audit, examination, excerpts, and transcriptions. The Contractor shall maintain all required records for three years after the Owner makes final payment and all other pending matters are closed. A-10 Subcontracts. The Contractor shall insert in each of his subcontracts the provisions contained in paragraphs A-1, A-3, A-4, A-5, A-6 and A-7 requiring the subcontractors to include these provisions in any lower tier subcontracts, which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. A-11 Breach of Contract Terms Sanctions (49 CFR Part 18). Any violation or breach of the terms of this contract on the part of the contractor or subcontractor may result in the suspension or termination of this contract or such other action which may be necessary to enforce the rights of the parties of this agreement. FlW_Front_Ends.doc 11-2 SECTION B (Davis-Bacon Act Requirements -29 CFR Part 5) B-1 Minimum wages. 1. All mechanics and laborers 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 regulations issued 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 equivalents thereof) due at time of payment computed at wage rates not less than those contained in the wage determination(s) of the Secretary of Labor which is (are) 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. For the purpose of this paragraph, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of subparagraph (d) below; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period (29 CFR 5.5(a)(1)(i)). Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage skill, except as provided in paragraph B-4 of this clause. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, however, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination(s) (including any additional classifications and wage rates conformed under subparagraph (b) of this section) and the Davis-Bacon poster shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and readily accessible place where it can easily be seen by the workers. 2. (a) Any class of laborers or mechanics, including apprentices and trainees, which is not listed in the wage determination(s) and which is to be employed under this contract, shall be classified or reclassified conformably to the wage determination(s). Approval will be given for an additional classification and wage rate, and fringe benefits therefore, only when the following criteria have been met: i. ii. iii. The work to be performed by the classification requested is not performed by a classification in the wage determination; and The classification is utilized in the area by the construction industry; and The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. FlW _Front_Ends.doc 11-3 (b) If the contractor and the laborers and mechanics to be representatives, and the City of Fort Worth Texas agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action of the action taken shall be sent by the City of Fort Worth, Texas to the FM for tentative approval and transmittal to the Department of Labor, Employment Standards Administration, Administ rator of the Wage and Hour Division, Washington, D.C. 20210 . The Department of Labor will approve , modify or disapprove every additional classification action within 30 days of receipt and so advise the FM or will notify the FM within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under control number 1215-0140.) (29 CFR 5 .5(a)(1)(i)). (c) In the event the contractor, the laborers or mechanics , including apprentices and trainees, to be employed in the classification or their representatives and the City of Fort Worth , Texas do not agree on the proposed classification and wage rate (including the designated for fringe benefits where appropriate), the City of Fort Worth , Texas shall send the quest ions , includ ing the views of all interested parties and the recommendation of the sponsor, to the FM to be referred , with the recommendation of the FM, to the Department of Labor for final determination. The Department of Labor will issue a determination within 30 days of receipt or provide notification within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under 0MB control number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (b )(2) and (3) 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. 3. 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 ra te, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. In the !9vent the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question accompanied by the recommendation of the FM shall be referred to the Secretary of Labor for determination (29 CFR 5.5(a)(1)(iii)). 4 . If the Contractor does not make payments to a trustee or other third person, he 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, however, 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. (29 CFR 5.5(a)(1 )(iv). (Approved by the Office of Management and Budget under 0MB control number 1215-0140.) FlW _Front_Ends.doc 11-4 B-2 Withholding: FM from Owner. Pursuant to the terms of the grant agreements between the United States and the City of Fort Worth, Texas relating to Airport Improvement Project NO. 3-48-0296-32-2007 and Part 152 of the Federal Aviation Regulations ( 14 CFR Part 152), the FM shall upon its own action or upon written request of an authorized representative of the Department of Labor may withhold or cause to be withheld from the City of Fort Worth, Texas so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices and trainees, employed by the Contractor or any subcontractor on the work the full amount of wages required by this 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 the work all or part of the wages required by this contract, the FM may after written notice to the City of Fort Worth, Texas take further action as may be necessary to cause the suspension of any further payment or advance of funds until such violations have ceased (29 CFR 5.5(a)(2)). B-3 Payrolls and basic records. 1. Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address and social security number of each such employee, his correct classification, rates of pay (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1 (b )(2) 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) (see subparagraph (d) of paragraph B-1 above), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship and trainees, and the ratios and wage rates prescribed in the applicable programs (29 CFR 5.5(a)(3)(i)). (Approved by the Office of Management and Budget under 0MB control numbers 1215-0140 and 1215-0017.) 2. (a) The Contractor will submit weekly a copy of all payrolls to the City of Fort Worth, Texas for availability to the FM as required by paragraph 152.59(a). The payrolls submitted shall set out accurately and completely all of the information required to be maintained by paragraph B-3 (a) above. This information may be submitted in any form desired. The contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under 0MB control number 1215-0149.) FTW_Front_Ends.doc 11-5 (b) Each payroll shall be accompanied by a "Statement of Compliance," signed by the employer or his agent who pays or supervises the payment of persons employed under the contract and shall certify the following: i. That the payroll for the payroll period contains the information required to be maintained under paragraph B-3 (a) above and that such information is correct and complete; ii. That each laborer and mechanic, including each helper, apprentice and trainee, employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; iii. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed , as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3-B (2) of this section. ( d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States code. 3. The contractor will make the records required under the labor standards clause of the contract available for inspection , copying or transcription by authorized representatives of the sponsor, the FAA and the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. 4. If the contractor or subcontractor fails to submit the required records or to make them available, the FAA may, after written notice to the sponsor or contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (29 CFR 5.5(a)(3)(ii)). B-4 Apprentices and trainees. 1. Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed 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 first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, bu t who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in FTW _Front_Ends .doc 11-6 any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee 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 rate determination for the 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 journeyman 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 the 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, fringe benefits 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 the 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 . (29 CFR 5.5(a)(4)(i)). 2. 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, Bureau of Apprenticeship and Training. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration . Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at the trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program , the contractor will FTW _Front_Ends .doc 11-7 no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved . (29 CFR 5.5(a)(4)(iii)). 3. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this paragraph shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30 (29 CFR 5.5(a)(4)(iii)). 4. Application of 29 CFR Part 5.5(a)(4). On contracts in excess of $2,000, the employment of all apprentices and trainees as defined in 29 CFR 5.2(c) shall be subject to the provisions of 29 CFR Part 5.5(a)(4) (see paragraphs 8-4(a), (b) and (c) above). 5. Enforcement. (a) The FAA shall promulgate the necessary regulations or procedures for federally assisted construction programs for which it does not contract directly necessary to insure that contracts contain the provisions herein or such modifications thereof which have been approved by the Department of Labor. No payment, advance, grant, loan or guarantee of funds shall be approved by the FAA after the beginning of construction unless there is on file with the FAA a certification by the Contractor that he and his subcontractors have complied or that there is substantial dispute with respect to the required provisions (29 CFR 5.6(a)(1)). (b) Enforcement activities, including the investigation of complaints of violations, to insure compliance with the requirements of these provisions shall be the primary duty of the FAA. The Department of Labor will coordinate its efforts with the FAA as may be necessary to ensure consistent enforcement of the requirements of these provisions. Enforcement of these provisions shall be in accordance with 29 CFR 5.6 . 8-5 Compliance with Copeland Regulations. The Contractor shall comply with the Copeland Regulations (29 CFR Part 3) of the Secretary of Labor which are herein incorporated by reference in this contract (29 CFR 5.5(a)(5)). 8-6 Subcontracts. The Contractor of 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. 8-7 Contract Termination: Debarment. A breach of the Contract clauses in this section (8) and in Section C may be grounds for termination of the contract, and for the debarment as a Contractor and a Subcontractor as provided in 92 CFR Part 5.5. FTW _Front_Ends.doc 11-8 B-8 Compliance with Davis-Bacon and Related Acts Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. B-9 Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the FM, the sponsor, the U.S. Department of Labor, or the employees or their representatives. B-10 Certification of Eligibility. 1. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). 2. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3( a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). 3. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. B-11 Wage Rates In Effect for This Project U.S. Department of Labor (DOL) Wage Determination Number TX020045, reproduced in this specification, provides the required minimum wages and fringe benefits to be paid to all laborers and mechanics employed to work on this contract throughout its duration, either under this contract or under a related subcontract. The Contractor and all subcontractors are required to report the actual wages paid to laborers and mechanics doing work under this contract by filing certified weekly payrolls. The reported wages will be verified by review of the weekly payroll reports and by periodic on-site interviews conducted by the Owner or his designated representative. In the event that the work specified in this contract requires work to be done by laborers or mechanics whose job classification is not listed in the attached Wage Determination, the Contractor is responsible for preparing the attached Request for Authorization of Additional Classification and Rate form. The Contractor must complete Items 3 through 15 and submit the request to the Owner's representative prior to issuance of the Contractor's Notice to Proceed or as soon as the need for the additional classification or rate is identified (if the work has been authorized to begin). FTW_Front_Ends.doc 11-9 REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND RATE CHECK APPROPRIATE BOX D SERVICE CONTRACT D CONSTRUCTION CONTRACT NOTE: THE CONTRACTOR SHALL COMPLETE ITEMS 3 THROUGH 15 AND SUBMIT THE REQUEST IN QUADRUPLICATE TO THE CONTRACTING OFFICER. I. TO : ADMINISTRATOR, Employment Standards Administration 2. FROM (REPORTING OFFICE) WAGE AND HOUR DIVISION U.S. DEPARTMENT OF LABOR WASHINGTON, D.C. 20210 3. CONTRACTOR 14. DATE OF REQUEST 5. CONTRACT NUMBER 6. DATE BID OPENED (SEALED BIDDING) 7.DATEOF AWARD 8. DATE CONTRACT WORK STARTED DATE OPTION EXERCISED (IF APPLICABLE) (SCA ONLY) 10. SUBCONTRACTOR (IF ANY) 11. PROJECT AND DESCRIPTION OF WORK {ATTACH ADDITIONAL SHEET IF NEEDED) 12. LOCATION (CITY, COUNTY AND STATE) 13. IN ORDER TO COMPLETE THE WORK PROVIDED FOR UNDER THE ABOVE CONTACT, IT IS NECESSARY TO ESTABLISH THE FOLLOWING RATE{S) FOR THE INDICATED CLASSIFICATION(S) NOT INCLUDED IN THE DEPARTMENT OF LABOR DETERMINATION NUMBER:------------------------DATED : ________________ _ a. LIST IN ORDER PROPOSED CLASSIFICATION TITLE{S), JOB DESCRIPTION(S), DUTIES AND b. WAGERATE(S) c. FRINGE BENEFITS PAYMENTS RATIONALE FOR PROPOSED CLASSIFICATION (SCA ONLY) (Use reverse of attach additional schedules, ifnecessary) 14. SIGNATURE AND TITLE OF SUBCONTRACTOR REPRESENTATIVE (IF ANY) 15. SIGNATURE AND TITLE OF PRIME CONTRACTOR REPRESENTATIVE 16. SIGNATURE OF EMPLOYEE OR REPRESENTATIVE TITLE CHECK APPROPRIATE BOX- D AGREE D DISAGREE TO BE COMPLETED BY CONTRACTING OFFICER (CHECK AS APPROPRIATE-SEE FAR 22.1019 (SCA) OR FAR 22 .406-3 (DBA) D THE INTERESTED PARTIES AGREE AND THE CONTRACTING OFFICER RECOMMENDS APPROVAL BY THE WAGE AND HOUR DIVISION. AVAILABLE INFORMATION AND AND RECOMMENDATIONS ARE ATTACHED. D THE INTERESTED PARTIES CANNOT AGREE ON nns PROPOSED CLASSIFICATION AND WAGE RATE . A DETERMINATION OF THE QUESTION BY THE WAGE AND HOUR DMSION IS THEREFORE REQUESTED. AVAILABLE INFORMATION AND RECOMMENDATIONS ARE ATTACHED. nfT •'-••' SIGNATURE OF CONTRACTING OFFICER OR REPRESENTATIVE TITLE AND COMMERCIAL TELEPHONE NO . DATE SUBMITTED DEPARTMENT OF LABOR LOCAL REPRODUCTION -STANDARD FORM 1444 (10-87) SECTION C (Contract Workhours and Safety Standards Act Requirements -29 CFR Part 5) C-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 received 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 . C-2 Violation: Liability for Unpaid Wages: Liquidated Damages. In the event of any violation of the clause set forth in paragraph C-1 above, the Contractor or any Subcontractor responsible therefore 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 C-1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph C-1 above. C-3 Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor of Subcontractor under any such contract or any other Federal contract with the same rime 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 of Subcontractor for unpaid wages and liquidated damages as provided in the clauses set forth in paragraph C-2 above . C-4 Subcontractors. The Contractor or Subcontractor shall insert in any subcontracts the clauses set forth in paragraphs C-1 through C-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 C-1 through C-4. C-5 Working Conditions. No Contractor or Subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1926) issued by the Department of Labor. FTW_Front_Ends.doc 11-11 SECTION D (Equal Employment Opportunity-41 CFR Part 60-1.4(b)) During the performance of this contract, the Contractor agrees as follows: D-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, sex or national origin . Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. D-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 consideration for employment without regard to race, color, religion, sex or national origin. D-3 The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D-4 The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations and relevant orders of the Secretary of Labor. D-5 The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, as amended, and by rules, regulations and orders of the Secretary of Labor or pursuant thereto and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and others. D-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, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended, or by rule, regulation or order of the Secretary of Labor or as otherwise provided by law. D-7 The Contractor will include the portion of the sentence immediately preceding paragraph C- 1 and the provisions of paragraph C-1 through C-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, as amended, 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 administrating agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; FTW _Front_Ends.doc 11-12 I 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. D-8 Notice to be Posted per Paragraphs (1) and (3) of the EEO Clause (41 CFR Part 60-1.4(b)). Equal Employment Opportunity is the Law -Discrimination is Prohibited by the Civil Rights Act of 1964 and by Executive Order NO. 11246. Title VII of the Civil Rights Act of 1964 -Administered by: The Equal Employment Opportunity Commission Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin by Employers with 25 or more employees, by Labor Organizations with a hiring hall of 25 or more members, by Employment Agencies, and by Joint Labor-Management Committees for Apprenticeship or Training. Any Person who believes he or she has been discriminated against should contact: FlW _Front_Ends.doc The Office of Federal Contract Compliance Programs U.S. Department of Labor Washington, D.C. 20210 11-13 SECTION E (Air and Water Quality Standards) E-1 Any other provision herein to the contrary notwithstanding, the Contractor in carrying out work under this contract, shall at all times comply with all applicable state and federal air and water quality standards; with all pollution control laws; and with such rules, regulations and directives as may be lawfully issued by a local, state or federal agency having within its jurisdiction the protection of the environment in the area surrounding where work under this contract will be performed. In addition, the Contractor shall comply with all directives given by the Engineer in implementation of temporary air and water pollution, soil erosion and siltation control measures . Such measures shall not be paid for directly, but shall be considered subsidiary to the contract. E-2 Contractors and subcontractors agree: 1. That any facility to be used in the performance of the contract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities. 2. To comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. 3. That as a condition for award of a contract, he will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. To include or cause to be included in any contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements. FlW _Front_Ends.doc 11-14 SECTION F (Standard Federal Equal Employment Opportunity Construction Contract Specifications -41 CFR 60-4.3) F-1 As used in these specifications: 1. "Covered area" means the geographical area described in the solicitation from which this contract resulted; 2. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; 3. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; 4. "Minority" includes: (a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South America or other Spanish culture or origin regardless of race); (c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast, Asia, the Indian Subcontinent or the Pacific Islands); and (d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). F-2 Whenever the Contractor or any subcontractor at any tier subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract is excess of $10,000, the provision 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. F-3 If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area, either individually or through an association, its affirmative action obligations on all work in the plan area (including goals and time tables) shall be in accordance with that plan for those trades which have unions participating in the plan. Contractors must 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 efforts to achieve the plan goals and time tables. FlW_Front_Ends.doc 11-15 F-4 The Contractor shall implement the specific affirmative action standards provided in paragraphs 7(a) through (p) 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 . The Contractor is expected to make substantially uniform progress towards its goals in each craft during the period specified. F-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, as amended, or the regulations promulgated pursuant thereto. F-6 In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period , and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. F-7 The Contractor shall take specific affirmative actions to ensure EEO. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: 1. Ensure and maintain a working environment free of harassment, intimidation and coercion at all sites and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment with specific attention to minority or female individuals working at such sites or in such facilities. 2 . Establish and maintain a current list of minority and female recruitment sources , provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. 3. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union , or if referred, not employed by the Contractor, this shall be documented in the file wit h the reason therefore along with whatever additional actions the Contractor may have taken . 4. Provide immediate written notification to the Director when the union or unions wi t h which the Contractor has a collective bargaining agreement has not referred to the FTW_Front_Ends.doc 11-16 Contractor a minority person or woman sent by the Contractor or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. 5. Develop on-the-job training opportuniJies 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 7(b) above. 6. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. 7. Review, at least annually, the 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 on-site supervisory personnel, such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. 8. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and subcontractors with whom the Contractor does or anticipates doing business. 9. Direct its recruitment efforts, both oral and written, to minority, female and community organizations; to schools with minority and female students; and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing.the openings, screening procedures and tests to be used in the selection process . 10 . Encourage present minority and female employees to recruit other minority persons and women, and where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force . FTW_Front_Ends.doc 11-17 11 . Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3 . 12. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for through appropriate training, etc., such opportunities. 13. Ensure that seniority practices, job classifications, work assignments and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. 14. Ensure that all facilities and company activities are nonsegregated, except that separate or single user toilet and necessary changing facilities , shall be provided to assure privacy between the sexes . 15. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction Contractors and suppliers including circulati on of. solicitations to minority and female Contractor associations and other business ,associations. 16. Conduct a review, at least annually , of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligations . F-8 Contractors are encouraged to participate in voluntary associations which ass ist in fulfilling one or more of their affirmative action obligations [7(a) through (p)]. The efforts of a Contractor association, joint Contractor-union, Contractor-community or other sim ilar groups of which the Contractor is a member and participated, may be asserted as fulfilling any one or more of its obligations under 7(a) through (p) 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 work force participation, makes a good faith effort to meet its ind ividual goals and time tables , 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. F-9 A single goal for minorities and a separate single goal for women have been established . The Contractor, however, is required to provide EEO and to take affirmative action for all minority groups, both male and female , and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example , even though the Contractor has achieved its goals for women ; generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). F-10 The Contractor shall not use the goals and time tables or affirmative action standa rds t o discriminate against any person because of race , color, religion, sex or nationa l origin . FlW _Front_Ends .doc 11-18 F-11 The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246, as amended. F-12 The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations by the OFCCP. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. F-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 60-4.8. F-14 The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay and locations at which the work was performed . Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records. F-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). FTW _Front_Ends .doc 11-19 SECTION G (Contractual Requirements Pursuant to Civil Rights Act of 1964, Title VI -49 CFR Part 21) During the performance of this contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to· as the "Contractor'' agrees as follows: G-1 Compliance with Regulations. The Contractor shall comply with the Regulations relative t o nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter "DOT} Title 49 , Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. G-2 Nondiscrimination . The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations , including employment practices when the contract covers a program set forth in Appendix B of the Regulations. G-3 Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin . G-4 Information and Reports. The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to it s books , records, accounts , other sources of information, and its facilities as may be determined by the Owner or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Owner or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. G-5 Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or 2. Cancellation, termination, or suspension of the contract, in whole or part. G-6 Incorporation of Provisions. The Contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to and subcontract or procurement as the Owner or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or FTW_Front_Ends .doc 11-20 is threatened with litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the Owner to enter into such litigation to protect the interests of the Owner and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. SECTION H (Termination of Contract -49 CFR Part 18) H-1 The Owner may, by written notice , terminate this contract in whole or in part at any time, either for the Owner's convenience or because of failure to fulfill the contract obligations . Upon receipt of such notice, services shall be immediately discontinued (unless the notice directs otherwise) and all materials as ma have been accumulated in performing this contract, whether completed or in progress, delivered to the Owner. H-2 If the termination is for the convenience of the Owner, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. H-3 If the termination is due to failure to fulfill the Contractor's obligations, the Owner may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Contractor shall be liable to the Owner for any additional cost occasioned to the Owner thereby. H-4 If, after notice of termination for failure to fulfill contract obligations, it is determined that the Contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Owner. In such event, adjustment in the contract price shall be made as provided in paragraph H-2 of this clause. H-5 The rights and remedies of the Owner provided in this clause are in addition to any other rights and remedies provided by law or under this contract. FlW _Front_Ends .doc 11 -21 SECTION I (Buy American -Steel and Manufactured Products for Construction Contracts) 1-1 The Contractor agrees that only domestic steel and manufactured products will be used by the Contractor, Subcontractors, Materialmen, and Suppliers in the performance of this contract, as defined in 1-2 below. 1-2 The following terms apply to this clause: 1. 2. 3. Steel and Manufactured Products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined , produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Components. As used in this clause, components means those articles, materials , and supplies incorporated directly into steel and manufactured products . Cost of Components. This means the costs for production of the components , exclusive of final assembly labor costs. FlW _Front_Ends.doc 11-22 SECTION J (DBE Required Statements -49 CFR Part 26) J-1 Contract Assurance. Draft AC 150/5370-10A Change 15 provides that each contract the owner signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following clause: The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. J-2 Prompt Payment. A prompt payment clause is required in each DOT-assisted prime contract. A sample follows below: The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from the City of Fort Worth . The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed.· Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Fort Worth. This clause applies to both DBE and non-DBE subcontractors. FlW _Front_Ends.doc 11-23 PART Ill -GENERAL PROVISIONS GENERAL PROVISIONS SECTION 10 DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the contract, in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows: 10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to MSHO. 10-02 ACCESS ROAD . The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10-03 ADVERTISEMENT. A public announcement, as required by local law, inviting bids forwork to be performed and materials to be furnished . 10-04 AIP . The Airport Improvement Program , a grant-in-aid program, administered by the Federal Aviation Administration. 10-05 AIR OPERATIONS AREA. For the purpose of these specifications, the term air operations area shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron . 10-06 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any. 10-07 ASTM. The American Society for Testing and Materials. 10-08 AWARD. The acceptance, by the owner, of the successful bidder's proposal. 10-09 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative , who submits a proposal for the work contemplated. 10-1 O BUILDING AREA. An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights-of-way together with all airport buildings and facilities located thereon. 10-11 CALENDAR DAY. Every day shown on the calendar. 10-12 CHANGE ORDER. A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes . The work, covered by a change order, shall be within the scope of the contract. FTW_Front_Ends .doc 111-1 10-13 CONTRACT. The written agreement covering the work to be performed. The awarded contract shall include, but is not limited to: The Advertisement; The Contract Form; The Proposal; The Performance Bond; The Payment Bond; any required insurance certificates; The Specifications; The Plans, and any addenda issued to bidders. 10-14 CONTRACT ITEM (PAY ITEM). A specific unit of work for which a price is provided in the contract. 10-15 CONTRACT TIME. The number of calendar days or working days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date. 10-16 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertain ing to the work who acts directly or through lawful agents or employees to complete the contract work. 10-17 DRAINAGE SYSTEM. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area. 10-18 ENGINEER. The individual, partnership, firm, or corporation duly authorized by the owner (sponsor) to be responsible for engineering supervision of the contract work and acting directly or through an authorized representative . 10-19 EQUIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-20 EXTRA WORK. An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Engineer to be necessary to complete the work within the intended scope of the contract as previously modified. 10-21 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his/her duly authorized representative. 10-22 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. 10-23 INSPECTOR. An authorized representative of the Engineer assigned to make all necessary inspections and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. 10-24 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of the like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the owner. FlW _Front_Ends.doc 111-2 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. 10-25 LABORATORY. The official testing laboratories of the owner or such other laboratories as may be designated by the Engineer. 10-26 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. 10-27 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20 percent of the total amount of the award contract. All other items shall be considered minor contract items. 10-28 MATERIALS. Any substance specified for use in the construction of the contract work. 10-29 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. 10-30 OWNER (SPONSOR). The term owner shall mean the party of the first part or the contracting agency signatory to the contract. For AIP contracts, the term sponsor shall have the same meaning as the term owner. 10-31 PAVEMENT. The combined surface course, base course, and subbase course, if any, considered as a single unit. 10-32 PAYMENT BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that he will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-33 PERFORMANCE BOND. The approved form of security furnished by the Contractor and his/her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract. 10-34 PLANS. The official drawings or exact reproductions which show the location, character, dimensions and detaiis of the airport and the work to be done and which are to be considered as a part of the contract, supplementary to the specifications. 10-35 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a particular airport. 10-36 PROPOSAL. The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications. 10-37 PROPOSAL GUARANTY. The security furnished with a proposal to guarantee that the bidder will enter into a contract if his/her proposal is accepted by the owner. FTW_Front_Ends.doc 111-3 10-38 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft. 10-39 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. 10-40 STRUCTURES. Airport facilities such as bridges; culverts; catch basins, inlets , reta i ning walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; flexible and rigid pavements; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein . 10-41 SUBGRADE. The soil which forms the pavement foundation. 10-42 SUPERINTENDENT. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who sha ll supervise and direct the construction. 10-43 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and the owner covering: ( 1) work that would increase or decrease the total amount of the awarded contract , or any major contract item , by more than 25 percent, such increased or decreased work being within the scope of the originally awarded contract; or (2) work that is not within the scope of the originally awarded contract. 10-44 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds which are furnished to the owner by the Contractor. 10-45 TAXIWAY. For the purpose of this document, the term taxiway means the portion of the a ir operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport's runways or aircraft parking areas. 10-46 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. 10-47 WORKING DAY. A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least 6 hours toward completion of the contract. Unless work is suspended for causes beyond the Contractor's control, Saturdays, Sundays and holidays on which the Contractor's forces engage in regular work , requiring the presence of an inspector, will be considered as working days. END OF SECTION 10 FTW _Front_Ends.doc 111-4 SECTION 20 PROPOSAL REQUIREMENTS AND CONDITIONS 20-01 ADVERTISEMENT (Notice to Bidders). See Notice to Bidders at the beginning of these Contract Documents. 20-02 PREQUALIFICATION OF BIDDERS. Each bidder shall furnish the owner satisfactory evidence of his/her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the bidder's past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each bidder shall furnish the owner satisfactory evidence of his/her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the bidder's financial resources and liabilities as of the last calendar year or the Contractor's last fiscal year. Such statements or reports shall be certified by a public ~ccountant. At the time of submitting such financial statements or reports, the bidder shall further certify whether his/her financial responsibility is approximately the same as stated or reported by the public accountant. If the bidder's financial responsibility has changed, the bidder shall qualify the public accountant's statement or report to reflect his/her (bidder's) true financial condition at the time such qualified statement or report is submitted to the owner. Unless otherwise sp~cified, a bidder may submit evidence that he is pre-qualified with the State Highway Division and is on the current "bidder's list" of the state in which the proposed work is located. Such evidence of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports hereinbefore specified. Each bidder shall submit "evidence of competency" and "evidence of financial responsibility" to the owner no later than 30 days prior to the specified date for opening bids. · 20-03 CONTENTS OF PROPOSAL FORMS. The owner shall furnish bidders with proposal forms. All papers bound with or attached to the proposal forms are necessary parts and must not be detached. The plans, specifications, and other documents designated in the proposal form shall be considered a part of the proposal whether attached or not. 20-04 ISSUANCE OF PROPOSAL FORMS. The owner reserves the right to refuse to issue a proposal form to a prospective bidder should such bidder be in default for any of the following reasons: a. Failure to comply with any prequalification regulations of the owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. b. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the owner) at the time the owner issues the proposal to a prospective bidder. c. Contractor default under previous contracts with the owner. d . Unsatisfactory work on previous contracts with the owner. FlW _Front_Ends.doc 111-5 20-05 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The owner does not expressly or by implication agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection titled AL TERA TION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices . 20-06 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans, specifications, and contract forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submiss ion of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications. Boring logs and other records of subsurface investigations and tests are available for inspection of bidders. It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bidder, was obtained and is intended for the owner's design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which he may make or obtain from his/her examination of the boring logs and other records of subsurface investigations and tests that are furnished by the owner. 20-07 PREPARATION OF PROPOSAL. The bidder shall submit his/her proposal on the forms furnished by the owner. All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals for which he proposes to do each pay item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern . The bidder shall sign his/her proposal correctly and in ink. If the proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state under the laws of which the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent shall file evidence of his/her authority to do so and that the signature is binding upon the firm or corporation. 20-08 IRREGULAR PROPOSALS. Proposals shall be considered irregular for the following reasons: a. If the proposal is on a form other than that furnished by the owner, or if the owner's form is altered, or if any part of the proposal form is detached. FTW_Front_Ends.doc 111-6 b. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the proposal incomplete, indefinite, or otherwise ambiguous. c. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. d. If the proposal contains unit prices that are obviously unbalanced . e. If the proposal is not accompanied by the proposal guaranty specified by the owner. The owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. 20-09 BID GUARANTEE. Each separate proposal shall be accompanied by a certified check, or other specified acceptable collateral, in the amount specified in the proposal form . Such check, or collateral , shall be made payable to t he owner. 20-10 DELIVERY OF PROPOSAL. Each proposal submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport, and name and business address of the bidder on the outside. When sent by mail, preferably registered , the sealed proposal , marked as indicated above , should be enclosed in an additional envelope. No proposal will be considered unless received at the place specified in the advertisement before the time specified for opening all bids . Proposals received after the bid opening time shall be returned to the bidder unopened. 20-11 WITHDRAWAL OR REVISION OF PROPOSALS . A bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the bidder's request for withdrawal is received by the owner in writing or by telegram before the time specified for opening bids. Revised proposals must be received at the place specified in the advertisement before the t ime specified for opening all bids . 20-12 PUBLIC OPENING OF PROPOSALS. Proposals shall be opened, and read , publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to attend . Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be returned to the bidder unopened . 20-13 DISQUALIFICATION OF BIDDERS. A bidder shall be considered disqualified for any of the following reasons : a. Submitting more than one proposal from the same partnership, firm , or corporation under the same or different name . b . Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the owner until any such participating bidder has been reinstated by the owner as a qualified bidder. c. If the bidder is considered to be in "default" for any reason specified in the subsection titled ISSUANCE OF PROPOSAL FORMS of this section. END OF SECTION 20 FlW_Front_Ends.doc 111-7 SECTION 30 AWARD AND EXECUTION OF CONTRACT 30-01 CONSIDERATION OF PROPOSALS. After the proposals are publicly opened and read , they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices . If a bidder's proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in words shall govern. Until the award of a contract is made, the owner reserves the right to reject a bidder's proposal fo r any of the following reasons: a. If the proposal is irregular as specified in the subsection titled IRREGULAR PROPOSALS of Section 20 . b. If the bidder is disqualified for any of the reasons specified in the subsection titled DISQUALIFICATION OF BIDDERS of Section 20 . In addition, until the award of a contract is made , the owner reserves the right to reject any or all proposals, waive technicalities, if such waiver is in the best interest of the owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts ; advertise for new proposals ; or proceed with the work otherwise. All such actions shall promote the owner's best interests. 30-02 AWARD OF CONTRACT. The award of a contract, if it is to be awarded, shall be made within 60 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. Award of the contract shall be made by the owner to the Lowest Qualified Bidder for the Base Bid or the Base Bid plus Alternate Bid No. 1, or the Base Bid plus Alternate Bid No. 2 or the Base Bid plus Alternate Bid No. 1 and Alternate Bid No. 2. whose proposal conforms to the cited requirements of the owner. 30-03 CANCELLATION OF AWARD. The owner reserves the right to cancel the award wi t hout liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the owner in accordance with the subsection titled APPROVAL OF CONTRACT of this section. 30-04 RETURN OF PROPOSAL GUARANTY. All proposal guaranties, except those of the two lowest bidders , will be returned immediately after the owner has made a comparison of bids as herein before specified in the subsection titled CONSIDERATION OF PROPOSALS of this section . Proposal guaranties of the two lowest bidders will be retained by the owner until such time as an award is made, at which time, the unsuccessful bidder's proposal guaranty will be returned . The successful bidder's proposal guaranty will be returned as soon as the owner receives the cont racts bonds as specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section. FlW _Front_Ends .doc 111-8 30-05 REQUIREMENTS OF CONTRACT BONDS. At the time of the execution of the contract, the successful bidder shall furnish the owner a surety bond or bonds which have been fully executed by the bidder and the surety guaranteei ng the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work. The surety and the form of the bond or bonds shall be acceptable to the owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract. 30-06 EXECUTION OF CONTRACT. The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return such signed contract to the owner, along with the fully executed surety bond or bonds specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section , within 15 calendar days from the date mailed or otherwise delivered to the successful bidder. If the contract is mailed , special handling is recommended. 30-07 APPROVAL OF CONTRACT. Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the owner shall complete the execution of the contract in accordance with local laws or ordinances, and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the owner's approval to be bound by the successful bidder's proposal and the terms of the contract. 30-08 FAILURE TO EXECUTE CONTRACT. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15 calendar day period specified in the subsection titled REQUIREMENTS OF CONTRACT BONDS of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the owner. END OF SECTION 30 FlW _Front_Ends.doc 111-9 SECTION40 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 Contr~ctor 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 AL TERA Tl ON OF WORK AND QUANTITIES. The owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than 25 percent (total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations which do not exceed the 25 percent limitation shall. not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. These alterations which are for work within the general scope of the contract shall be covered by "Change Orders" issued by the Engineer. Change orders for altered work shall include extensions of contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of added work. Should the aggregate amount of altered work exceed the 25 percent limitation hereinbefore specified, such excess altered work shall be covered by supplemental agreement. If the owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. 40-03 OMITTED ITEMS. The Engineer may, in the owner's best interest, omit from the work any contract item, except major contract items. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement. Should a contract item be omitted or otherwise ordered to be nonperformed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection .titled PAYMENT FOR OMITTED ITEMS of Section 90. 40-04 EXTRA WORK. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements, the same shall be called Extra Work. Extra work that is within the general scope of the contract shall be covered by written change order. Change orders for such extra work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Engineer's opinion, is necessary for completion of such extra work. FTW_Front_Ends .doc 111-10 When determined by the Engineer to be in the owner's best interest, he may order the Contractor to proceed with extra work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of Section 90. Extra work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a Supplemental Agreement as hereinbefore defined in the subsection titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment of extra work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the owner. 40-05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's equipment and personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of the airport with respect to his/her own operations and the operations of all his/her subcontractors as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. With respect to his/her own operations and the operations of all his/her subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying: personnel; equipment; vehicles; storage areas; and any work area or condition that may be hazardous to the operation of aircraft, fire-rescue equipment, or maintenance vehicles at the airport. When the contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor's performance of work that is otherwise provided for in the contract, plans, and specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic. The Contractor shall furnish, erect, and maintain barricades, warning signs, flagmen, and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office), unless otherwise specified herein. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise specified herein, the Contractor will not be required to furnish snow removal for such existing road, street, or highway. The Contractor shall make his/her own estimate of all labor, materials, equipment, and incidentals necessary for providing the maintenance of aircraft and vehicular traffic as specified in this subsection. The cost of maintaining the aircraft and vehicular traffic specified in this subsection shall not be measured or paid for directly, but shall be included in the various contract items. 40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing FTW _Front_Ends.doc 111-11 structures shall not be measured or paid for directly, but shall be included in the various contract items. Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the contract. Except as provided in the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be utilized in the work as otherwise provided for in the contract and shall remain the property of the owner when so utilized in the work. 40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be either embankment or waste, he may at his/her option either: a. Use such material in another contract item, providing such use is approved by the Engineer and is in conformance with the contract specifications applicable to such use; or, b. Remove such material from the site, upon written approval of the Engineer; or c . Use such material for his/her own temporary construction on site; or, d . Use such material as intended by the terms of the contract. Should the Contractor wish to exercise option a., b., or c., he shall request the Engineer's approval in advance of such use. Should the Engineer approve the Contractor's request to exercise option a., b., or c., the Contractor shall be paid for the excavation or removal of such material at the applicable contract price . The Contractor shall replace, at his/her own expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for his/her use of such material so used in the work or removed from the site. Should the Engineer approve the Contractor's exercise of option a., the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of his/her exercise of option a., b., or c. 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. FTW _Front_Ends .doc 111-12 40-08 FINAL CLEANING UP. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. He shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property owner. END OF SECTION 40 FTW _Front_Ends.doc 111-13 SECTION 50 CONTROL OF WORK 50-01 AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished , work performed, and as to the manner of performance and rate of progress of the work. He shall decide all questions which may arise as to the interpretation of the specifications or plans relating to the work, the fulfillment of the contract on the part of the Contractor, and the rights of different Contractors on the project. T he Engineer shall determine the amount and quality of the severa l kinds of work performed and materials furnished which are to be paid for the under contract. 50-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in reasonably close conformity with the lines , grades, grading sections, cross sections , dimensions, material requirements , and testing requirements that are specified (including specified tole rances) in the contract, plans or specifications . If the Engineer finds the materials furnished , work performed, or the finished product not w ithin reasonably close conformity with the plans and specifications but that the portion of the work affected will , in his/her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the owner, he will advise the owner of his/her determination that the affected work be accepted and remain in place . In this event, the Engineer will document his/her determination and recommend to the owner a basis of acceptance which will provide for an adjustment in the contract price for the affected portion of the work. The Engineer's determination and recommended contract price adjustments will be based on good engineering judgment and such tests or retests of the affected work as are, in his/her opinion , needed . Changes in the contract price shall be covered by contract modifications (change order or supplemental agreement) as applicable. If the Eng ineer finds the materials furnished, work performed , or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders. For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans , and specifications. The term shall not be construed as waiving the Engineer's right to insist on strict compliance with the requirements of the contract, plans , and specifications during the Contractor's prosecution of the work, when , in the Engineer's opinion , such compliance is essential to provide an acceptable finished port ion of the work. For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Engineer with the authority to use good engineering judgment in his/her determinat ions as to acceptance of work that is not in strict conformity but will provide a finished product equa l to or better than that intended by the requirements of the contract, plans and specifications. 50-03 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements . A requirement occurring in one is as binding as though occurring in all. They are intended to be F1W_Front_Ends.doc 111-14 complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited FAA advisory circulars; contract general provisions shall govern over plans, cited standards for materials or testing, and cited FAA advisory circulars; plans shall govern over cited standards for materials or testing and cited FAA advisory circulars. The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for his/her interpretation and decision, and such decision shall be final. 50-04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with two copies each of the plans and specifications. He shall have available on the work at all times one copy each of the plans and specifications. Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction. The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Engineer and his/her inspectors and with other contractors in every way possible. The Engineer shall allocate the work and designate the sequence of construction in case of controversy between contractors. The Contractor shall have.a competent superintendent on the work at all times who is fully authorized as his/her agent on the work. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the Engineer or his/her authorized representative. 50-05 COOPERATION BETWEEN CONTRACTORS. The owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract. When separate contracts are let within the limits of any one project, each Contractor shall conduct his/her work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his/her contract and shall protect and save harmless the owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange his/her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. He shall join his/her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer shall establish horizontal and vertical control only. The Contractor must establish all layout required for the construction of the work. Such stakes and markings as the Engineer may set for either his/her own or the Contractor's guidance shall be preserved by the Contractor. In case of negligence on the part of the Contractor, or his/her employees, resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the Contractor at the discretion of the Engineer. FlW _Front_Ends.doc 111-15 50-07 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is required to be operated automatically under the contract and a breakdown or malfunction of the automatic controls occurs, the equipment may be operated manually or by other methods for a period 48 hours following the breakdown or malfunction, provided this method of operations will product results which conform to all other requirements of the contract. 50-08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the owner shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication , or manufacture of the materials to be used . Inspectors are not authorized to revoke , alter, or waive any provision of the contract. Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor. Inspectors employed by the owner are authorized to notify the Contractor or his/her representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for his/her decision . 50-09 INSPECTION OF THE WORK. All materials and each part or detail of the work shall be subject to inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furn ished with such information and assistance by the Contractor as is requi red to make a complete and detailed inspection. If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications . Should the work thus exposed or examined prove acceptable, the uncovering, or removing , and the replacing of the covering or making good of the parts removed will be paid for as extra work; but shou ld the work so exposed or examined prove unacceptable, the uncovering, or removing, and the rep lacing of the covering or making good of the parts removed will be at the Contractor's expense. Any work done or materials used without supervision or inspection by an authorized representative of the owner may be ordered removed and replaced at the Contractor's expense unless the owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed. · Should the contract work include relocation , adjustment, or any other modification to existing facilities , not the property of the ( contract) owner, authorized representatives of the owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no way interfere with the rights of the parties to this contract. 50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work which does not . conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, FlW_Front_Ends.doc 111-16 shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70. Work done contrary to the instructions of the Eng ineer, work done beyond the lines shown on the plans or as given , except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs (incurred by the owner) from any monies due or to become due the Contractor. 50-11 LOAD RESTRICTIONS. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage which may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted . Hauling of materials over the base course or surface course under construction shall be limited as directed . No loads will be permitted on a concrete pavement, base , or structure before the expiration of the curing period. The Contractor shall be responsible for all damage done by his/her hau ling equipment and shall correct such damage at his/her own expense. 50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. 50-13 FAILURE TO MAINTAIN THE WORK. Should the Contractor at any time fail to maintain the work as provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance . Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer's notification , the Engineer may suspend any work necessary for the owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists . Any maintenance cost incurred by the owner, shall be deducted from monies due or to become due the Contractor. FTW _Front_Ends .doc 111-17 50-14 PARTIAL ACCEPTANCE. If at any time during the prosecution of the project the Contractor substantially completes a usable un it or portion of the work, the occupancy of which will benefit the owner, he may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, he may accept it as being completed, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the owner shall not void or alter any provision of the contract. 50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive complet ion of the entire project, the Engineer and owner will make an inspection. If all construction provided for and contemplated by the contract is found to be completed in accordance with the contract, plans , and specifications, such inspection shall constitute the final inspection . The Eng ineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection , provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection . 50-16 CLAIMS FOR ADJUSTMENT AND DISPUTES. lffor any reason the Contractor deems that additional compensation is due him for work or materials not clearly provided for in the co ntract, plans, or specifications or previously authorized as extra work, he shall notify the Engineer in writing of his/her intention to claim such additional compensation before he begins the work on which he bases the claim . If such notification is not given or the Engineer is not afforded proper opportunity by t he Contractor for keeping strict account of actual cost as required , then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for add it ional compensation is based has been completed, the Contractor shall, within 10 calendar days, submit his/her written claim to the Engineer who will present it to the owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. 50-17 COST REDUCTION INCENTIVE. The provisions of this subsection will apply only to contracts awarded to the lowest bidder pursuant to competitive bidding. On projects with original contract amounts in excess of $100,000, the. Contractor may submit to the Engineer, in writing, proposals for modifying the plans , specifications or other requirements of the contract for the sole purpose of reducing the cost of construction. The cost reduction proposal shall not impair, in any manner, the essential functions or characteristics of the project, including b ut not lim ited 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 be ing presented for consideration as a value engineering proposal. FTW _Front_Ends .doc 111-18 Not eligible for cost reduction proposals are changes in the basic design of a pavement type, runway and taxiway lighting, visual aids, hydraulic capacity of drainage facilities, or changes in grade or alignment that reduce the geometric standards of the project. As a minimum, the following information shall be submitted by the Contractor with each proposal : a. A description of both existing contract requirements for performing the work and the proposed changes, with a d iscussion of the comparative advantages and disadvantages of each ; b. An itemization of the contract requirements that must be changed if the proposal is adopted ; c . A detailed estimate of the cost of performing the work under the existing contract and under the proposed changes ; d. A statement of the time by which a change order adopting the proposal must be issued ; e. A statement of the effect adoption of the proposal will have on the time for completion of the contract; and f. The contract items of work affected by the proposed changes, including any quantity variation attributable to them. The Contractor may withdraw, in whole or in part, any cost reduction proposal not accepted by the Engineer, within the period specified in the proposal . The provisions of this subsection shall not be construed to require the Engineer to consider any cost reducti on proposal which may be submitted . The Contractor shall continue to perform the work in accordance. with the requirements of the contract until a change order incorporating the cost reduction proposal has been issued. If a change order has not been issued by the date upon which the Contractor's cost reduction proposal specifies that a decision should be made , or such other date as the Contractor may subsequently have requested in writing , such cost reduction proposal shall be deemed rejected . The Engineer shall be the sole judge of the acceptability of a cost reduction proposal and of the estimated net savings from the adoption of all or any part of such proposal. In determining the estimated net savings, the Engineer may disregard the contract bid · prices if, in the Engineer's judgment such prices do not represent a fair measure of the value of the work to be performed or deleted. The owner may require the Contractor to share in the owner's costs of investigating a cost reduction proposal submitted by the Contractor as a condition of considering such proposal. Where such a condition is imposed , the Contractor shall acknowledge acceptance of it in writing. Such acceptance shall constitute full authority for the owner to deduct the cost of investigating a cost reduction proposal from amounts payable to the Contractor under the contract. If the Contractor's cost reduction proposal is accepted in whole or in part, such acceptance will be by a contract change order which shall specifically state that it is executed pursuan · subsection . Such cha~ge order shall in~orporate the changes in the ~lans and speci c~l~ I ~:wrtc~e ©.,' ~~ are necessary to permit the cost reduction proposal or such part of 1t as has been ce~I ~~);i;i ~ -~~~ 1o~i {' ti :~ C t..lPI !\ ,,) ~ ~ v~-.;;;1.... .,.,,-... FTW _Front_Ends .doc 111 -19 ~'il 1Nli, WU 'i?~W \fU:i ~:J,~h U1n 1 U .... ,A, shall include any conditions upon which the Engineer's approval is based . The change order shall also set forth the estimated net savings attributable to the cost reduction proposal. The net savings shall be determined as the difference in costs between the original contract costs for the involved work items and the costs occurring as a result of the proposed change. The change order shall also establish the net savings agreed upon and shall provide for adjustment in the contract price that will divide the net savings equally between the Contractor and the Owner. The Contractor's 50 percent share of the net savings shall constitute full compensation to the Contractor for the cost reduction proposal and the performance of the work. Acceptance of the cost-reduction proposal and performance of the cost-reduction work shall not extend the time of completion of the contract unless specifically provided for in the contract change order. END OF SECTION 50 FlW _Front_Ends .doc 111-20 SECTION 60 CONTROL OF MATERIALS 60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS. The materials used on the work shall conform to the requirements of the contract, plans , and specifications . Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition , and manufacture of all materials to be used in the work. Such statements shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials . At the Engineer's option , materials may be approved at the source of supply before delivery is stated. If it is found after trial that sources of supply for previously approved materials do not produce specified products , the Contractor shall furnish materials from other sources. The Contractor shall furnish ai rport lighting equipment that confo rms to the requirements of cited materials specifications. In addition, where an FAA specification for airport lighting equipment is cited in the plans or specifications, the Contractor shall furnish such equ i pment that is: a . Listed in FAA Advisory Circular (AC) 150/5345-1 , Approved Airport Equ ipment, that is in effect on the date of advertisement; and, b. Produced by the manufacturer qualified (by FAA) to produce such specified and listed equipment. The following airport lighting equipment is required for this contract and is to be furnished by the Contractor in accordance with the requirements of this subsection: None Required 60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. All materials used in the work shall be inspected , tested, and approved by the Engineer before incorporation in the work. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of AASHTO or ASTM which are current on the date of advertisement for bids will be made by and at the expense of the owner. Samples will be taken by a qualified representative of the owner. All materials being used are subject to inspection , test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor's representative at his/her request. 60-03 CERTIFICATION OF COMPLIANCE . The Engineer may permit the use, prior to sampling and testing , of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or FTW_Front_Ends .doc 111-21 assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. When a material or assembly is specified by "brand name or equal" and the Contractor elects to furnish the specified "brand name," the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: a. Conformance to the specified performance, testing, quality or dimensional requirements; and, b . Suitability of the material or assembly for the use intended in the contract work. Should the Contractor propose to furnish an "or equal" material or assembly, he shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole judge as to whether the proposed "or equal" is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for his/her acceptance of the material or assembly. Should the Engineer conduct plant inspections, the following conditions shall exist: a. The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom he has contracted for materials. b. The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. c . If required by the Engineer, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections . Office or working space should be conveniently located with respect to the plant. It is understood and agreed that the owner shall have the right to retest any material which has been tested and approved at the source of supply after it has been delivered to the site. The Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications. FlW _Front_Ends.doc 111-22 60-05 ENGINEER'S FIELD OFFICE AND LABORATORY. When specified and provided for as a contract item , the Contractor shall furnish a building for the exclusive use of the Engineer as a field office and field testing laboratory. The building shall be furnished and maintained by the Contractor as specified herein and shall become property of the Contractor when the contract work is completed. 60-06 STORAGE OF MATERIALS. Materials shall be so stored as to assure the preservation of the ir quality and fitness for the work. Stored materia ls, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located so as to facilitate their prompt inspection . The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property owner's permission . All storage sites on private or airport property shall be restored to their original condition by the Contractor at his/her entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property. 60-07 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of the contract , plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. No rejected material or assembly, the defects of which have been corrected by the Contractor, shall be returned to the site of the work until such time as the Engineer has approved its use in the work. 60-08 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required to complete the work, except those specified herein (if any) to be furnished by the owner. Owner- furnished materials shall be made available to the Contractor at the location specified herein . All costs of handling, transportation from the specified location to the site of work, storage, and installing owner-furnished materials shall be included in the unit price bid for the contract item in which such owner-furn ished material is used. After any owner-furnished material has been delivered to the location specified , the Contractor shall be responsible for any demurrage , damage, loss, or other deficiencies which may occur during the Contractor's handling, storage, or use of such owner-furnished material. The owner will deduct from any monies due or to become due the Contractor any cost incurred by the owner in making good such loss due to the Contractor's handling, storage, or use of owner-furnished materials. END OF SECTION 60 FTW_Front_Ends.doc 111-23 SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-01 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. He shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the owner and all his/her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his/her employees. 70-02 PERMITS, LICENSES, AND TAXES. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. 70-03 PATENTED DEVICES, MATERIALS, AND PROCESSES. If the Contractor is requi red or desires to use any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save harmless the owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the owner for any costs , expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work. 70-04 RESTORATION OF SURFACES DISTURBED BY OTHERS. The owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. 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 wo rk without the written permission of the Engineer. Should the owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such owners by arranging and performing the work in this contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the wo rk 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 t o make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. 70-05 FEDERAL AID PARTICIPATION. For AIP contracts, the United States Government has agreed to reimburse the owner for some portion of the contract costs. Such reimbursement is made from time to time upon the owner's (sponsor's) request to the FAA. In consideration of the United FlW _Front_Ends.doc 111-24 Sates Government's (FAA's) agreement with the owner, the owner has included provisions in this contract pursuant to the requirements of the Airport Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, and the Rules and Regulations of the FAA that pertain to the work. As required by the Act, the contract work is subject to the inspection and approval . of duly authorized representatives of the Administrator, FAA, and is further subject to those provisions of the rules and regulations that are cited in the contract, plans, or specifications. No requirement of the Act, the rules and regulations implementing the Act, or this contract shall be construed as making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract. 70-06 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his/her employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction . Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions are unsanitary, hazardous, or dangerous to his/her health or safety. 70-07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her operations and those of his/her subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to his/her own operations and those of his/her subcontractors and all suppliers in accordance with the subsection titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection titled LIMITATION OF OPERATIONS of Section 80 hereinafter. 70-08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work. When used during periods of darkness, such barricades , warning signs, and hazard markings shall be suitably illuminated. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control Devices for Streets and Highways (published by the United States Government Printing Office). When the work requires closing an air operations area of the airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 150/5340-1, Marking of Paved Areas on Airports. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stock piles , and his/her parked construction equipment that may be hazardous to the operation of emergency fire-rescue or maintenance vehicles on the airport in FTW _Front_Ends.doc 111-25 reasonable conformance to AC 150/5370-2, Operational Safety on Airports During Construction Activity. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2. The Contractor shall furnish and erect all barricades, warning signs , and markings for hazards prior to commencing work which requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer. Open-flame type lights shall not be permitted within the air operations areas of the airport. 70-09 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and , in general, not closer than 1,000 feet (300 m) from the work or from any building, road , or other place of human occupancy. The Contractor shall notify each property owner and public utility company having structures or facilities in proximity to the site of the work of his/her intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. The use of electrical blasting caps shall not be permitted on or within 1,000 feet (300 m) of the airport property. 70-10 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer has witnessed or otherwise referenced their location and shall not move them until directed. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the work, resulting from any act, omission, neglect, or misconduct in his/her manner or method of executing the work, or at any time due to defective work or materials, an d sa id responsibility will not be released until the project shall have been completed and accepted . When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the nonexecution thereof by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed , or he shall make good such damage or injury in an acceptable manner. 70-11 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the Engineer and the owner and their officers, and employees from all suits actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in FTW _Front_Ends.doc 111-26 consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the 'Workmen's Compensation Act," or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his/her contract as may be considered necessary by the owner for such purpose may be retained for the use of the owner or, in case no money is due, his/her surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. 70-12 THIRD PARTY BENEFICIARY CLAUSE. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-13 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the owner prior to completion of the entire contract, such "phasing" of the work shall be specified herein and indicated on the plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. The Contractor shall make his/her own estimate of the difficulties involved in arranging his/her work to permit such beneficial occupancy by the owner as described below, as outlined in Part I Special Provisions and Part IV Owner's Supplemental Special Provisions and as shown on the plans: Work Item Days to Complete Work Upon completion of any portion of the work listed above, such portion shall be accepted by the owner in accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50. No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the owner shall be repaired by the Contractor at his/her expense. The Contractor shall make his/her own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the contract work. 70-14 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final written acceptance of the entire completed work, excepting only those portions of the work accepted in FlW_Front_Ends.doc 111-27 accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of government authorities. If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his/her expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly establi shed planting, seeding, and sodding furnished under his/her contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control his/her operations to prevent the unscheduled interruption of such utility services and facilities. 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 . It is understood and agreed that the owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of his/her responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the owners of all utility services or other facilities of his/her plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided hereinbefore in this subsection and the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition to the general written notification hereinbefore provided, it shall be the responsib ility of the Contractor to keep such individual owners advised of changes in his/her plan of operations that would affect such owners. Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such owner of his/her plan of operation. If, in the Contractor's opinion , the owner's assistance is needed to locate the utility service or facility or the presence of a representative of the owner is desirable to observe the work, such advice should be included in the FlW _Front_Ends .doc 111-28 notification. Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor's failure to give the two day's notice herein above provided shall be cause for the Engineer to suspend the Contractor's operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet (90 cm) of such outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, he shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to his/her operations whether or not due to negligence or accident. The contract owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his/her surety. 70-16 FURNISHING RIGHTS-OF-WAY. The owner will be responsible for furnishing all rights-of- way upon which the work is to be constructed in advance of the Contractor's operations. 70-17 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract provisions or in exercising any power or authority granted to him by this contract, there shall be no liability upon the Engineer, his/her authorized representatives, or any officials of the owner either personally or as an official of the owner. It is understood that in such matters they act solely as agents and representatives of the owner. 70-18 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work, the owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or stop the owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the owner be precluded or stopped from recovering from the Contractor or his/her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his/her obligations under the contract. A waiver on the part of the owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the contract, shall be liable to the owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the owner's rights under any warranty or guaranty. 70-19 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, F1W _Front_Ends.doc 111-29 chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. 70-20 ARCHAEOLOGICAL AND HISTORICAL FINDINGS. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during his/her operations, any building, part of a bui lding, structure, or object which is incongruous with its surroundings, he shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and will direct the Contractor to either resume his/her operations or to suspend operations as directed. Should the Engineer order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract modification (change order or supplemental agreement) as provided in the subsection titled EXTRA WORK of Section 40 and the subsection titled PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT WORK of Section 90. If appropriate, the contract modification shall include an extension of contract time in accordance with the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. END OF SECTION 70 FlW _Front_Ends.doc 111-30 SECTION 80 PROSECUTION AND PROGRESS 80-01 SUBLETTING OF CONTRACT. The owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. Should the Contractor elect to assign his/her contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the owner, and shall be consummated only on the written approval of the owner. In case of approval, the Contractor shall file copies of all subcontracts with the Engineer. 80-02 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the Engineer in the written notice to proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction operations will begin. 80-03 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit his/her progress schedule for the Engineer's approval within 10 days after the effective date of the notice to proceed. The Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal. If the Contractor falls significantly behind the submitted schedule, the Contractor shall , upon the Engineer's request, submit a revised schedule for completion of the work within the contract time and modify his/her operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the prosecution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. For AIP contracts, the Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the owner. 80-04 LIMITATION OF OPERATIONS. The Contractor shall control his/her operations and the operations of his/her subcontractors and all suppliers so as to provide for the free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport. When the work requires the Contractor to conduct his/her operations within an AIR OPERATIONS AREA of the airport, the work shall be coordinated with airport management (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an AIR OPERATIONS AREA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70. When the contract work requires the Contractor to work within an AIR OPERATIONS AREA of the airport on an intermittent basis (intermittent opening and closing of the AIR OPERATIONS AREA), FTW _Front_Ends .doc 111-31 the Contractor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the AIR OPERATIONS AREA; immediately obey all instructions to resume work in such AIR OPERATIONS AREA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AIR OPERATIONS AREA until the satisfactory conditions are provided. 80-05 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall , at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications. All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of tre equipment required to perform the work satisfactorily. All equipment which is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use. When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans, and specifications. When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the contract, he may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the · methods and equipment proposed and of the reasons for desiring to make the change. It' approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet contract requirements , the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection. 80-06 TEMPORARY SUSPENSION OF THE WORK. The Engineer shall have the authority to suspend the work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract. In the event that the Contractor is ordered by the Engineer, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the Engineer's order to suspend work to the effective date of the Engineer's order to resume the work. Claims for such compensation shall be filed with FlW _Front_Ends.doc 111-32 the Engineer within the time period stated in the Engineer's order to resume work. The Contractor shall submit with his/her claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim to the owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Contractor, or for any other delay provided for in the contract, plans, or specifications. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. He shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport. 80-07 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working days allowed for completion of the work shall be stated in the proposal and contract and shall be known as the CONTRACT TIME. Should the contract time require extension for reasons beyond the Contractor's control, it shall be adjusted as follows : CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer. The Engineer will furnish the Contractor a copy of his/her weekly statement of the number of working days charged against the contract time during the week and the number of working days currently specified for completion of the contract (the original contract time plus the number of working days, if any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). The Engineer shall base his/her weekly statement of contract time charged on the following considerations: a. No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least 6 hours with the normal work force employed on such principal item . Should the normal workforce be on a double-shift, 12 hours shall be used . Should the normal work force be on a triple-shift, 18 hours shall apply. Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered by the Engineer for reasons not the fault of the Contractor, shall not be charged against the contract time . b. The Engineer will not make charges against the contract time prior to the effect ive date of the notice to proceed. c. The Engineer will begin charges against the contract time on the first working day after the effective date of the notice to proceed. d. The Engineer will not make charges against tlie contract time after the date of final acceptance as defined in the subsection titled FINAL ACCEPTANCE of Section 50. FTW _Front_Ends.doc 111-33 e. The Contractor will be allowed 1 week in which to file a written protest setting forth his/her objections to the Engineer's weekly statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor. The contract time (stated in the proposal) is based on the originally estimated quantities as described in the subsection titled INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES of Section 20 . Should the satisfactory completion of the contract require performance of work in greater quantities than those estimated in the proposal, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in contract time shall not consider either the cost of work or the extension of contract time that has been covered by change order or supplemental agreement and shall be made at the time of final payment. CONTRACT TIME based on CALENDAR DAYS shall consist of the number of calendar days stated in the contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and nonwork days. All calendar days elapsing between the effective dates of the Engineer's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. At the time of final payment, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the contract time shall not consider either cost of work or the extension of contract time that has been covered by a change order or supplemental agreement. Charges against the contract time will cease as of the date of final acceptance. When the contract time is a specified completion date, it shall be the date on which all contract work shall be substantially completed. If the Contractor finds it impossible for reasons beyond his/her control to complete the work within the contract time as specified, or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the contract time as extended, make a written request to the Engineer for an extension of time setting forth the reasons which he believes will justify the granting of his/her request. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the Engineer finds that the work was delayed because of conditions beyond the control and without the fault of the Contractor, he may extend the time for completion in such amount as the conditions justify. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion. 80-08 FAILURE TO COMPLETE ON TIME. For each calendar day or working day, as specified in the contract, that any work remains uncompleted after the contract time (including all extensions and adjustments as provided in the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum specified in the contract and proposal as liquidated damages will be deducted from any money due or to become due the Contractor or his/her su rety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages that will be incurred by the owner should the Contractor fail to complete the work in the time provided in his/her contract. 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 waiver on the part of the owner of any of its rights under the contract. FlW_Front_Ends.doc 111-34 80-09 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the owner to terminate the contract for any of the following reasons if the Contractor: a. Fails to begin the work under the contract within the time specified in the "Notice to Proceed," or b. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the contract, or c. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or d. Discontinues the prosecution of the work, or e . Fails to resume work which has been discontinued within a reasonable time after notice to do so, or f. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or g. Allows any final judgment to stand against him unsatisfied for a period of 10 days, or h. Makes an assignment for the benefit of creditors, or i. For any other cause whatsoever, fails to carry on the work in an acceptable manner. Should the Engineer consider the Contractor in default of the contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the Contractor's surety as to the reasons for considering the Contractor in default and the owner's intentions to terminate the contract. If the Contractor or surety, within a period of 1 O days after such notice, does not proceed in accordance therewith, then the owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the owner the amount of such excess . 80-10 TERMINATION FOR NATIONAL EMERGENCIES. The owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the F1W_Front_Ends.doc 111-35 construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered . Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer. Termination of the contract or a portion thereof shall neither relieve the Contractor of h is/her responsibilities for the completed work nor shall it relieve his/her surety of its obligation for and concerning any just claim arising out of the work performed . END OF SECTION 80 FTW _Front_Ends.doc 111-36 SECTION 90 MEASUREMENT AND PAYMENT 90-01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the Engineer, or his/her authorized representatives, using United States Customary Units of Measurement. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave-outs) having an area of 9 square feet or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. · Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. In computing volumes of excavation the average end area method or other acceptable methods will be used. The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inches. The term "ton" will mean the short ton consisting of 2,000 pounds avoirdupois . All materials which are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designed by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material be paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable to the Engineer, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery. When requested by the Contractor and approved by the Engineer in writing , material specified to be measured by the cubic yard may be weighed, and such weights will be converted to cubic yards for payment purposes. Factors for conversion from weight measurement to volume measurement will FTW_Front_Ends .doc 111-37 be determined by the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. Bituminous materials will be measured by the gallon or ton. When measured by volume, such volumes will be measured at 60 F (15 C) or will be corrected to the volume at 60 F (15 C) using ASTM D 1250 for asphalt or ASTM D 633 for tars. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton or hundredweight. Timber will be measured by the thousand feet board measure (M. F. B. M.) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Engineer in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of this section. When standard manufactured items are specified such as fence, wire, plates, rolled shapes , pipe conduit, etc., and these items are identified by gage, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted . Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. Scales shall be accurate within one-half percent of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the inspector before beginning work and at such other times as requested . The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one-tenth of 1 . percent of the nominal rated capacity of the scale, but not less than 1 pound. The use of spring balances will not be permitted . FlW _Front_Ends.doc 111-38 Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them. Scale installations shall have available ten standard 50-pound weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales "overweighing" (ind icating more than correct weight) will not be permitted to operate , and all materials received subsequent to the last previous correct weighing-accuracy test will be reduced by the percentage of error in excess of one-half of 1 percent. In the event inspection reveals the scales have been "underweighing" (ind icating less than correct weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed and recorded . · All costs in connection with furnishing , installing , certifying , testing , and maintaining scales ; for furnishing check weights and scale house; and for all other items specified in this subsection , for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project. When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials , for performing all work under the contract in a complete and acceptable manner, and for all risk, loss , damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL RIGHTS of Section 70. When the "basis of payment" subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans , or specifications. 90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned , payment at the original contract price for the accepted quantities of work actually completed and accepted . No allowance, except as provided for in the subsection titled AL TERA TION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results di rectly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit among the contract items, or from any other cause . FlW _Front_Ends.doc 111-39 90-04 PAYMENT FOR OMITIED ITEMS. As specified in the subsection titled OMITIED ITEMS of Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the owner. Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or nonperform such contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related t o the deleted contract item and shall be supported by certified statements by the Contractor as to the nature and the amount of such costs. 90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. When the change order or supplemental agreement authorizing the extra work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials plus a negotiated and agreed upon allowance for overhead and profit. a. Miscellaneous. No additional allowance will be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided. b. Comparison of Record. The Contractor and the Engineer shall compare records of the cost of force account work at the end of each day. Agreement shall be indicated by signature of the Contractor and the Engineer or their duly authorized representatives. c. Statement. No payment will be made for work performed on a force account basis until the Contractor has furnished the Engineer with duplicate itemized statements of the cost of such force account work detailed as follows: (1) Name, classification, date, daily hours, total hours, rate and extension for each laborer and foreman . (2) Designation, dates, daily hours, total hours, rental rate, and extension for each unit of machinery and equipment. (3) Quantities of materials, prices, and extensions. (4) Transportation of materials . (5) Cost of property damage, liability and workman's compensation insurance premiums, unemployment insurance contributions, and social security tax. FTW _Front_Ends .doc . 111-40 Statements shall be accompanied and supported by a receipted invoice for all materials used and transportation charges. However, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying that such materials were taken from his/her stock, that the quantity claimed was actually used, and that the price and transportation claimed represent the actual cost to the Contractor. 90-06 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the work progresses. Said payments will be based upon estimates prepared by the Engineer of the value of the work performed and materials complete in place in accordance with the contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than five hundred dollars. From the total of the amount determined to be payable on a partial payment, 5 percent of such total amount will be deducted and retained by the owner until the final payment is made, except as may be provided (at the Contractor's option) in the subsection titled PAYMENT OF WITHHELD FUNDS of this section. The balance (95 percent) of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his/her option, as provided in the subsection titled PAYMENT OF WITHHELD FUNDS of this section, no such 5 percent retainage shall be deducted. When not less than 95 percent of the work has been completed the Engineer may, at his/her discretion and with the consent of the surety, prepare an estimate from which will be retained an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection titled ACCEPTANCE AND FINAL PAYMENT of this section. 90-07 PAYMENT FOR MATERIALS ON HAND. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: a. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. FlW _Front_Ends.doc 111-41 b. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. c. The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. d. The Contractor has furnished the owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. e. The Contractor has furnished the owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at anytime prior to use in the work. It is understood and agreed that the transfer of title and the owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his/her responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans , and specifications. In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection. 90-08 PAYMENT OF WITHHELD FUNDS. At the Contractor's option, he/she may request that the owner accept (in lieu of the 5 percent retainage on partial payments described in the subsection titled PARTIAL PAYMENTS of this section) the Contractor's deposits in escrow under the following conditions . a. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the owner. b. The Contractor shall deposit to and ma intain 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 1 O percent retainage that would otherwise be withheld from partial payment. c. The Contractor shall enter into an escrow agreement satisfactory to the owner. d . The Contractor shall obtain the written consent of the surety to such agreement. 90-09 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50 , the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor FTW _Front_Ends.doc 111-42 and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30-day period, a dispute still exists , the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50 . After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum,. or the undisputed sum in case of approval under protest, determ ined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the owner in accordance with local laws or ordinances. Upon final adjudication of such claims , any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate . END OF SECTION 90 FlW _Front_Ends.doc 111-43 SECTION 100 CONTRACTOR QUALITY CONTROL PROGRAM 100-1 GENERAL. The Contractor shall establish, provide, and maintain an effective Quality Control Program that details the methods and procedures that will be taken to assure that all materials and completed construction required by this contract conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors .. Although guidelines are established and certain minimum requirements are specified herein and elsewhere in the contract technical specifications , the Contractor shall assume full responsibility for accomplishing the stated purpose. The intent of this section is to enable the Contractor to establish a necessary level of control that will: a. Adequately provide for the production of acceptable quality materials. b . Provide sufficient information to assure both the Contractor and the Engineer that the specification requirements can be met. c. Allow the Contractor as much latitude as possible to develop his or her own standard of control. The Contractor shall be prepared to discuss and present, at the preconstruction conference, his/her understanding of the quality control requirements. The Contractor shall not begin any construction or production of materials to be incorporated into the completed work until the Quality Control Program has been reviewed by the Engineer. No partial payment will be made for materials subject to specific quality control requirements until the Quality Control Program has been reviewed. The quality control requirements contained in this section and elsewhere in the contract technical specifications are in addition to and separate from the acceptance testing requirements . Acceptance testing requirements are the responsibility of the Engineer. 100-2 DESCRIPTION OF PROGRAM. a. General Description. The Contractor shall establish a Quality Control Program to perform inspection and testing of all items of work required by the technical specifications, including those performed by subcontractors. This Quality Control Program shall ensure conformance to applicable specifications and plans with respect to materials, workmanship, construction, finish , and functional performance. The Quality Control Program shall be effective for control of all construction work performed under this Contract and shall specifically include surveillance and tests required by the technical specifications, in addition to other requirements of this section and any other activities deemed necessary by the Contractor to establish an effective level of quality contro l. b. Quality Control Program. The Contractor shall describe the Quality Control Program in a written document which shall be reviewed by the Engineer prior to the start of any production, construction, or off-site fabrication. The written Quality Control Program shall be submitted to the Engineer for review at least ten (10) calendar days before the start of construction. FTW _Front_Ends .doc 111-44 The Quality Control Program shall be organized to add ress, as a minimum, the following items : (1) Quality control organization; (2) Project progress schedule; (3) Submittals schedule ; (4) Inspection requirements ; (5) · Quality control testing plan; (6) Documentation of quality control activities ; and (7) Requirements for corrective action when quality control and/or acceptance criteria are not met. The Contractor is encouraged to add any additional elements to the Quality Control Program that he/she deems necessary to adequately control all production and/or construction processes required by this contract. 100-3 QUALITY CONTROL ORGANIZATION. The Contractor's Quality Control Program shall be implemented by the establishment of a separate quality control organization. An organizational chart shall be developed to show all quality control personnel and how these personnel integrate with other management/production and construction functions and personnel. The organizational chart shall identify all quality control staff by name and function, and shall indicate the total staff required to implement all elements of the Quality Control Program, including inspection and testing for each item of work. If necessary, different technicians can be utilized for specific inspection and testing functions for different items of work. If an outside organization or independent testing laboratory is used for implementation of all or part of the Quality Control Program , the personnel assigned shall be subject to the qualification requirements of paragraph 100-03a and 100-03b. The organizational chart shall indicate which personnel are Contractor employees and which are provided by an outside organization. The quality control organization shall consist of the following minimum personnel: a. Program Administrator. The Program Administrator shall be a full -time employee of the Contractor, or a consultant engaged by the Contractor. The Program Adm inistrator shall have a minimum of 5 years of experience in airport and/or highway construction and shall have had prior quality control experience on a project of comparable size and scope as the contract. Additional qualifications for the Program Administrator shall include at least 1 of the following requirements: ( 1) Professional engineer with 1 year of airport paving experience acceptable to the Engineer. (2) Engineer-in-training with 2 years of airport paving experience acceptable to the Engineer. (3) An individual with 3 years of highway and/or airport paving experience acceptable to the Engineer, with a Bachelor of Science Degree in Civil Engineering , Civil Engineering Technology or Construction. (4) Construction materials technician certified at Level Ill by the National Institute for Certification in Engineering Technologies (NICET). FTW _Front_Ends .doc 111 -45 (5) Highway materials technician certified at Level Ill by NICET. (6) Highway construction technician certified at Level Ill by NICET. (7) A NICET certified engineering technician in Civil Engineering Technology with 5 years of highway and/or airport paving experience acceptable to the Engineer. The Program Administrator shall have full authority to institute any and all actions necessary for the successful implementation of the Quality Control Program to ensure compliance with the contract plans and technical specifications. The Program Administrator shall report directly to a responsible officer of the construction firm. For projects less than $5 million, The Program Administrator may supervise the Quality Control Program on more than one project provided that person can be at the job site within 2 hours after being notified of a problem . For projects $5 million and over, the Program Administrator shall be located on site for the project duration unless otherwise directed by the Engineer. b. Quality Control Technicians. A sufficient number of quality control techn icians necessary to adequately implement the Quality Control Program shall be provided. These personnel shall be either engineers, engineering technicians, or experienced craftsman with qualifications in the appropriate field equivalent to NICET Level II or higher construction materials technician or highway construction technician and shall have a minimum of 2 years of experience in their area of expertise. The quality control technicians shall report directly to the Program Administrator and shall perform the following functions : (1) Inspection of all materials, construction, plant, and equipment for conformance to the technical specifications, and as required by Section 100-06. (2) Performance of all quality control tests as required by the technical specifications and Section 100-07. Certification at an equivalent level, by a state or nationally recognized organization will be acceptable in lieu of NICET certification . c. Staffing Levels. The Contractor shall provide sufficient qualified quality control personnel to monitor each work activity at all times. Where material is being produced in a plant for incorporation into the work, separate plant and field technicians shall be provided at each plant and field placement location. The scheduling and coordinating of all inspection and testing must match the type and pace of work activity. The Quality Control Program shall state where different technicians will be required for different work elements. 100-4 PROJECT PROGRESS SCHEDULE. The Contractor shall submit a coordinated construction schedule for all work activities. The schedule shall be prepared as a network diagram in Critical Path Method (CPM), PERT, or other format, or as otherwise specified in the contract. As a minimum, it shall provide information on the sequence of work activities, milestone dates, and activity duration . FlW_Front_Ends.doc 111-46 The Contractor shall maintain the work schedule and provide an update and analysis of the progress schedule on a twice monthly basis, or as otherwise specified in the contract. Submission of the work schedule shall not relieve the Contractor of overall responsibility for scheduling, sequencing, and coordinating all work to comply with the requirements of the contract. 100-5 SUBMITTALS SCHEDULE. The Contractor shall submit a detailed listing of all submittals (e.g., mix designs, material certifications) and shop drawings required by the technical specifications. The listing can be developed in a spreadsheet format and shall include: a . Specification item number; b. Item description; c . Description of submittal ; d. Specification paragraph requiring submittal ; and e. Scheduled date of subm ittal. 100-6 INSPECTION REQUIREMENTS. Quality control inspection functions shall be organized to provide inspections for all definable features of work, as detailed below. All inspections shall be documented by the Contractor as specified by Section 100-07. Inspections shall be performed daily to ensure continuing compliance with contract requirements until completion of the particular feature of work. These shall include the following minimum requirements: a. During plant operation for material production, quality control test results and periodic inspections shall be utilized to ensure the quality of aggregates and other mix components, and to adjust and control mix proportioning to meet the approved mix design and other requirements of the technical specifications. All equipment utilized in proportioning and mixing shall be inspected to ensure its proper operating condition. The Quality Control Program shall detail how these and other quality control functions will be accomplished and utilized . b. During field operations, quality control test results and ·periodic inspections shall be utilized to ensure the quality of all materials and workmanship. All equipment utilized in placing , finishing, and compacting shall be inspected to ensure its proper operating condition and to ensure that all such operations are in conformance to the technical specifications and are within the plan dimensions, lines, grades, and tolerances specified . The Program shall document how these and other quality control functions will be accomplished and utilized. 100-7 QUALITY CONTROL TESTING PLAN. As a part of the overall Quality Control Program, the Contractor shall implement a quality control testing plan , as required by the technical specifications . The testing plan shall include the minimum tests and test frequencies required by each technical specification Item , as well as any additional quality control tests that the Contractor deems necessary to adequately control production and/or construction processes. The testing plan can be developed in a spreadsheet fashion and shall, as a minimum , include the following: a. Specification item number (e.g., P-401); b. Item description (e.g ., Plant Mix Bituminous Pavements); c. Test type (e .g ., gradation, grade , asphalt content); d . Test standard (e.g., ASTM or AASHTO test number, as applicable); FlW _Front_Ends.doc 111-47 e . Test frequency (e.g., as required by technical specifications or minimum frequency when requirements are not stated); f. Responsibility (e .g ., plant technician); and g. Control requirements (e.g., target, permissible deviations). The testing plan shall contain a statistically-based procedure of random sampling for acquiring test samples in accordance with ASTM D 3665. The Engineer shall be provided the opportunity to witness quality control sampling and testing. All quality control test results shall be documented by the Contractor as required by Section 100-08. 100-8 DOCUMENTATION. The Contractor shall maintain current quality control records of all inspections and tests performed . These records shall include factual evidence that the required inspections or tests have been performed, including type and number of inspections or tests involved; results of inspections or tests; nature of defects, deviations , causes for rejection , etc.; proposed remedial action ; and corrective actions taken . These records must cover both conforming and defective or deficient features, and must include a statement that all supplies and materials incorporated in the work are in full compliance with the terms of the contract. Legible copies of these records shall be furnished to the Engineer daily. The records shall cover all work placed subsequent to the previously furnished records and shall be verified and signed by the Contractor's Program Administrator. Specific Contractor quality control records required for the contract shall include, but are not necessarily limited to , the following records : a. Daily Inspection Reports. Each Contractor quality control technician shall maint ain a daily log of all inspections performed for both Contractor and subcontractor operations on a form acceptable to the Engineer. These technician's daily reports ~hall provide factual evidence that continuous quality control inspections have been performed and shall, as a minimum, include the following : (1) Technical specification item number and description; (2) Compliance with approved submittals; (3) Proper storage of materials and equipment; (4) Proper operation of all equipment; (5) Adherence to plans and technical specifications; (6) Review of quality control tests; and (7) Safety inspection. The daily inspection reports shall identify inspections conducted, results of inspections , location and nature of defects found , causes for rejection, and remedial or corrective actions taken or proposed. The daily inspection reports shall be signed by the responsible quality control technician and the Program Adm inistrator. The Engineer shall be prov ided at least one copy of each daily inspection report on the work day following the day of record. b. Daily Test Reports. The Contractor shall be responsible for establishing a system which will record all quality control test results . Daily test reports shall document the following information: FlW_Front_Ends.doc 111-48 (1) Technical specification item number and description; (2) Location; (3) Date of test; (4) Control requirements; (5) Test results; (6) Causes for rejection; (7) Recommended remedial actions; and (8) Retests. Test results from each day's work period shall be submitted to the Engineer prior to the start of the next day's work period. When required by the technical specifications, the Contractor shall maintain statistical quality control charts. The daily test reports shall be signed by the responsible quality control technician and the Program Administrator. 100-9 CORRECTIVE ACTION REQUIREMENTS. The Quality Control Program shall indicate the appropriate action to be taken when a process is deemed, or believed, to be out of control (out of tolerance) and detail what action will be taken to bring the process into control. The requirements for corrective action shall include both general requirements for operation of the Quality Control Program as a whole, and for individual items of work contained in the technical specifications. The Quality Control Program shall detail how the results of quality control inspections and tests will be used for determining the need for corrective action and shall contain clear sets of rules to gauge when a process is out of control and the type of correction to be taken to regain process control. When applicable or required by the technical specifications, the Contractor shall establish and utilize statistical quality control charts for individual quality control tests . The requirements for corrective action shall be linked to the control charts . 100-10 SURVEILLANCE BY THE ENGINEER. All items of material and equipment shall be subject to surveillance by the Engineer at the point of production, manufacture or shipment to determine if the Contractor, producer, manufacturer or shipper maintains an adequate quality control system in conformance with the requirements detailed herein and the applicable technical specifications and plans. In addition, all items of materials, equipment and work in place shall be subject to surveillance by the Engineer at the site for the same purpose. Surveillance by the Engineer does not relieve the Contractor of performing quality control inspections of either on-site or off-site Contractor's or subcontractor's work. 100-11 NONCOMPLIANCE. a . The Engineer will notify the Contractor of any noncompliance with any of the foregoing requirements. The Contractor shall, after receipt of such notice, immediately take corrective action . Any notice, when delivered by the Engineer or his/her authorized representative to the Contractor or his/her authorized representative at the site of the work, shall be considered sufficient notice. b. In cases where quality control activities do not comply with either the Contractor's Quality Control Program or the contract provisions , or where the Contractor fails to properly operate and maintain an effective Quality Control Program, as determined by the Engineer, the Engineer may: FlW_Front_Ends.doc 111-49 (1) Order the Contractor to replace ineffective or unqualified quality control personnel or subcontractors . (2) Order the Contractor to stop operations until appropriate corrective actions is taken. END OF SECTION 100 FlW_Front_Ends.doc -111-50 SECTION 110 METHOD OF ESTIMATING PERCENTAGE OF MATERIAL WITHIN SPECIFICATION LIMITS (PWL) 110-1 GENERAL. When the specifications provide for material to be sampled and tested on a statistical basis, the material will be evaluated for acceptance in accordance with this section. All test results for a lot will be analyzed statistically, using procedures to determine the total estimated percent of the lot that is within specification limits. This concept, termed percent within limits (PWL), is a statistically based evaluation method, whereby the PWL is computed on a lot basis, using the average (X) and standard deviation (Sn) of the specified number (n) of sublet tests for the lot and the specification tolerance limits (L for lower and U for upper) for the particular acceptance parameter. From these values, the respective Quality index(s) (QL for Lower Quality Index and/or Ou for Upper Quality Index) is computed and the PWL for the specified n is determined from Table 1. 110-2 METHOD FOR COMPUTING PWL. The computational sequence for computing the PWL is as follows: a. Divide the lot into n sublets in accordance with the acceptance requirements of the specification. b. Locate the sampling position within the sublet in accordance with the random sampling requirements of the specification. c. Make a measurement at each location, or take a test portion and make the measurement on the test portion in accordance with the testing requirements of the specification. d. Average all sublet values within the lot to find X by using the following formula: X = (x1 + x2 + x3 + ••. xn) / n Where: X = Average of all sublet values within a lot x1, x2 = Individual sublet values n = Number of sublets e. Find the standard deviation Sn by use of the following formula: Sn= [(d1 2 + d22 + d3 2 + .•• dn 2) / n-1]1'2 Where: FTW_Front_Ends.doc Sn = standard deviation of the number of sublet values in the set d1, d2 = deviations of the individual sublet values X1, X2 ... from the average value X 111-51 that is: d1 = (x1 -X), d2 = (xn -X) .. dn = (xn -X) n = number of sublots f. For single sided specification limits (i.e., L only), compute the Lower Quality Index QL by use of the following formula : Where: L = specification lower tolerance limit Estimate the percentage of material within limits (PWL) by entering Table 1 with QL, using the column appropriate to the total number (n) of measurements. If the value of QL falls between values shown on the table, use the next higher value of PWL. g. For double sided specification limits (i.e. Land U), compute the Quality Indexes QL and Ou by use of the following formulas: QL = (X -L) / Sn and Qu = (U -X) / Sn Where: L and U = specification lower and upper tolerance limits Estimate the percentage of material between the lower (L) and upper (U) tolerance limits (PWL) by entering Table 1 separately with QL and Ou, using the column appropriate to the total number (n) of measurements, and determining the percent of material above PL and percent of material below Pu for each tolerance limit. If the values of QL fall between values shown on the table, use the next higher value of PL or Pu. Determine the PWL by use of the following formula : PWL =(Pu+ PL) -100 Where: FTW _Front_Ends .doc PL = percent within lower specification limit Pu = percent within upper specification limit 111-52 EXAMPLE OF PWL CALCULATION Project: Example Project Test Item: Item P-401, Lot A. A. PWL Determination for Mat Density. 1. Density of four random cores taken from Lot A. A-1 96.60 A-2 97.55 A-3 99.30 A-4 98.35 n=4 2. Calculate average density for the lot. X = (x1 + x2 + x3 + .. xn) / n X = (96.60 + 97.55 + 99.30 + 98.35) / 4 X = 97.95 percent density 3. Calculate the standard deviation for the lot. Sn = [((96.60-97.95)2 + (97.55 -97.95)2 + (99.30 -97.95)2 + (98.35 -97.95)2)) / (4 -1)]112 Sn= [(1.82 + 0.16 + 1 .82 + 0.16) / 3]112 Sn= 1.15 4. Calculate the Lower Quality Index QL for the lot. (L = 96.3) QL = (X -L) / Sn QL = (97.95 -96.30) / 1 .15 QL = 1.4384 5. Determine PWL by entering Table 1 with QL = 1.44 and n = 4 . PWL=98 FTW _Front_Ends.doc 111-53 B. PWL Determination for Air Voids. 1. Air Voids of four random samples taken from Lot A. A-1 5.00 A-2 3.74 A-3 2.30 A-4 3 .25 2. Calculate the average air voids for the lot. X = {x1 + x + x3 .. n) / n X = {5.00 + 3.74 + 2 .30 + 3 .25) / 4 X = 3.57 percent 3. Calculate the standard deviation Sn for the lot. Sn= [((3.57 -5.00)2 + {3 .57 -3 .74)2 + {3 .57 -2.30)2 + {3.57 -3 .25)2) / (4 -1))112 Sn = [(2 .04 + 0.03 + 1.62 + 0 .10 ) / 3]112 Sn= 1.12 4. Calculate the Lower Quality Index QL for the lot. {L = 2.0) QL = {X-L) Sn QL = {3.57 -2.00) / 1.12 QL = 1.3992 5. Determine PL by entering Table 1 with QL = 1.40 and n = 4. PL= 97 6. Calculate the Upper Quality Index Ou for the lot. {U= 5.0) Ou = {U -X) / Sn Ou= {5.00 -3 .57) / 1.12 Ou= 1 .2702 7. Determine Pu by entering Table 1 with Ou= 1.27 and n = 4 . 8. Calculate Air Voids PWL FTW _Front_Ends.doc Pu= 93 PWL ={PL+ Pu) -100 PWL = (97 + 93) -100 = 90 111-54 TABLE 1. TABLE FOR ESTIMATING PERCENT OF LOT WITHIN LIMITS (PWL) Percent Within Positive Values of Q (Q L and Ou) Limits(PL and Pu) n=3 n=4 n=5 n=6 n=7 n=8 99 1.1541 1.4700 1.6714 1.8008 1.8888 1.9520 98 1.1524 1.4400 1.6016 1.6982 1.7612 1.8053 97 1.1496 1.4100 1.5427 1.6 181 1.6661 1.6993 96 1.1456 1.3800 1.4897 1.5497 1.5871 1.6127 95 1.1405 1.3500 1.4407 1.4887 1.5181 1.5381 94 1.1342 1.3200 1.3946 1.4329 1.4561 1.4716 93 1.1269 1.2900 1.3508 1.3810 1.3991 1.4112 92 1.1184 1.2600 1.3088 1.3323 1.3461 1.3554 91 1.1089 1.2300 1.2683 1.2860 1.2964 1.3032 90 1.0982 1.2000 1.2290 1.2419 1.2492 1.2541 89 1.0864 1.1700 1.1909 1.1995 1.2043 1.2075 88 1.0736 1.1400 1.1537 1.1587 1.1613 1.1630 87 1.0597 1.1100 1.1173 1.1191 1.1199 1.1204 86 1.0448 1.0800 1.0817 1.0808 1.0800 1.0794 85 1.0288 1.0500 1.0467 1.0435 1.0413 1.0399 84 1.0119 1.0200 1.0124 1.0071 1.0037 1.0015 83 0.9939 0.9900 0.9785 0.9715 0.9672 0.9643 82 0.9749 0.9600 0.9452 0.9367 0.9325 0.9281 81 0.9550 0.9300 0 .9123 0.9025 0 .8966 0.8928 80 0.9342 0.9000 0.8799 0 .8690 0 .8625 0.8583 79 0.9124 0.8700 0.8478 0.8360 0.8291 0.8245 78 0.8897 0.8400 0.8160 0 .8036 0 .7962 0.7915 77 0.8662 0 .8100 0 .7846 0 .7716 0.7640 0 .7590 76 0.8417 0.7800 0.7535 0.7401 0.7322 0.7271 75 0.8165 0.7500 0.7226 0.7089 0.7009 0.6958 74 0.7904 0.7200 0 .6921 0 .6781 0 .6701 0.6649 73 0.7636 0 .6900 0.6617 0.6477 0 .6396 0.6344 72 0.7360 0.6600 0.6316 0.6176 0.6095 0.6044 FTW _Front_Ends.doc 111-55 Percent Within Positive Values of Q (QL and Ou) Limits(PL and Pu) n=3 n=4 n=5 n=6 n=7 n=8 71 0 .7077 0.6300 0.6016 0.5878 0.5798 0.5747 70 0.6787 0.6000 0.5719 0.5583 0.5504 0.5454 69 0.6490 0.5700 0.5423 0.5290 0.5213 0.5164 68 0.6187 0.5400 0 .5129 0.4999 0.4924 0.4877 67 0.5878 0.5100 0.4836 0.4710 0.4638 0.4592 66 0.5563 0.4800 0.4545 0.4424 0.4354 0.4310 65 0.5242 0.4500 0.4255 0.4139 0.4073 0.4031 64 0.4916 0.4200 0.3967 0.3856 0.3793 0.3753 63 0.4586 0.3900 0 .3679 0.3575 0.3515 0.3477 62 0.4251 0.3600 0 .3392 0.3295 0.3239 0.3203 61 0.3911 0.3300 0.3107 0.3016 0.2964 0.2931 60 0.3568 0.3000 0.2822 0.2738 0.2691 0.2660 59 0 .3222 0.2700 0.2537 0 .2461 0.2418 0 .2391 58 0.2872 0.2400 0.2254 0.2186 0.2147 0.2122 57 0.2519 0.2100 0.1971 0.1911 0.1877 0.1855 56 0.2164 0.1800 0.1688 0.1636 0.1607 0.1 592 55 0 .1806 0.1500 0.1408 0.1363 0.1338 0 .1 322 54 0.1447 0.1200 0 .1125 0 .1090 0.1070 0 .1 057 53 0.1087 0 .0900 0 .0843 0 .0817 0.0802 0.0792 52 0.0725 0.0600 0.0562 0.0544 0.0534 0.0528 51 0.0363 0.0300 0.0281 0 .0272 0 .0267 0.0264 50 0.0 0 .0 0.0 0.0 0 .0 0 .0 FlW_Front_Ends.doc 111-56 Percent Within Negative Values of Q (QL and Ou) Limits(PL and Pu) n=3 n=4 n=5 n=6 n=7 n=8 49 -0.0363 -0 .0300 -0 .0281 -0 .0272 -0.0267 -0 .0264 48 -0 .0725 -0 .0600 -0 .0562 -0 .0544 -0 .0534 -0 .0528 47 -0 .1087 -0 .0900 -0 .0843 -0 .0817 -0 .0802 -0 .0792 46 -0 .1447 -0 .1200 -0 .1125 -0 .1090 -0.1070 -0 .1057 45 -0.1806 -0 .1500 -0.1408 -0 .1363 -0.1338 -0 .1322 44 -0 .2164 -0 .1800 -0 .1688 -0 .1636 -0.1607 -0 .1592 43 -0.2519 -0.2100 -0 .1971 -0 .1911 -0.1877 -0 .1855 42 -0.2872 -0.2400 -0 .2254 -0 .2186 -0 .2147 -0 .2122 41 -0.3222 -0 .2700 -0 .2537 -0 .2461 -0.2418 -0 .2391 40 -0.3568 -0.3000 -0 .2822 -0 .2738 -0 .2691 -0.2660 39 -0.3911 -0 .3300 -0 .3107 -0.3016 -0 .2964 -0 .2931 38 -0.4251 -0.3600 -0.3392 -0.3295 -0 .3239 -0.3203 37 -0.4586 -0 .3900 -0 .3679 -0.3575 -0.3515 -0.3477 36 -0.4916 -0.4200 -0.3967 -0 .3856 -0 .3793 -0.3753 35 -0.5242 -0.4500 -0.4255 -0.4139 -0.4073 -0.4031 34 -0 .5563 -0.4800 -0.4545 -0.4424 -0.4354 -0.4310 33 -0 .5878 -0 .5100 -0.4836 -0.4710 -0.4638 -0.4592 32 -0 .6187 -0 .5400 -0.5129 -0.4999 -0.4924 -0.4877 31 -0.6490 -0 .5700 -0.5423 -0.5290 -0.5213 -0.5164 30 -0 .6787 -0 .6000 -0.5719 -0 .5583 -0.5504 -0.5454 29 -0 .7077 -0.6300 -0 .6016 -0.5878 -0 .5798 -0 .5747 28 -0 .7360 -,0 .6600 -0.6316 -0 .6176 -0 .6095 -0 .6044 27 -0 .7636 -0 .6900 -0 .6617 -0 .6477 -0.6396 -0 .6344 26 -0 .7904 -0.7200 -0 .6921 -0 .6781 -0.6701 -0 .6649 25 -0.8165 -0 .7500 -0 .7226 -0.7089 -0 .7009 -0.6958 24 -0 .84 17 -0.7800 -0 .7535 -0.7401 -0.7322 -0 .7271 23 -0 .8662 -0 .8100 -0 .7846 -0.7716 -0.7640 -0 .7590 22 -0.8897 -0.8400 -0 .8160 -0.8036 -0.7962 -0 .7915 21 -0 .9124 -0 .8700 -0 .8478 -0 .8360 -0.8291 -0 .8245 FTW_Front_Ends .doc 111-57 Percent Within Negative Values of Q (QL and Ou) Limits(P L and Pu) n=3 n=4 n=5 n=6 n=7 n=8 20 -0.9342 -0 .9000 -0.8799 -0 .8690 -0 .8625 -0 .8583 19 -0 .9550 -0 .9300 -0.9123 -0.9025 -0.8966 -0.8928 18 -0 .9749 -0.9600 -0 .9452 -0 .9367 -0.9325 -0.928 1 17 -0.9939 -0 .9900 -0 .9785 -0 .9715 -0 .9672 -0 .9 643 16 -1.0119 -1 .0200 -1 .0124 -1 .0071 -1.0037 -1 .0015 15 -1 .0288 -1.0500 -1.0467 -1 .0435 -1 .0413 -1 .0399 14 -1 .0448 -1 .0800 -1.0817 -1 .0808 -1.0800 -1.0794 13 -1 .0597 -1.1100 -1.1173 -1.1191 -1 .1199 -1.1204 12 -1 .0736 -1 .1400 -1.1537 -1.1587 -1 .1613 -1.1630 11 -1 .0864 -1.1700 -1.1909 -1.1995 -1.2043 -1.2075 10 -1 .0982 -1.2000 -1.2290 -1.2419 -1 .2492 -1.2541 9 -1 .1089 -1.2300 -1 .2683 -1.2860 -1.2964 -1 .3032 8 -1.1184 -1.2600 -1 .3088 -1.3323 -1 .3461 -1 .3554 7 -1.1269 -1.2900 -1 .3508 -1.3810 -1 .3991 -1.4112 6 -1.1342 -1 .3200 -1.3946 -1.4329 -1.4561 -1.4716 5 -1.1405 -1.3500 -1.4407 -1.4887 -1 .5181 -1.5381 4 -1 .1456 -1 .3800 -1.4897 -1.5497 -1 .5871 -1.6127 3 -1.1496 -1.4100 -1 .5427 -1 .6181 -1 .6661 -1.6993 2 -1 .1524 -1.4400 -1.6016 -1 .6982 -1 .7612 -1.8053 1 -1 .1541 -1.4700 -1 .6714 -1 .8008 -1.8888 -1 .9520 END OF SECTION 110 FTW_Front_Ends .doc 111-58 PART IV-TECHNICAL SPECIFICATIONS ITEM G-300 CONSTRUCTION BARRICADES, LIGHTED CONES AND TRAFFIC CONTROL DESCRIPTION 300-1.1 DESCRIPTION. This item shall include the construction, placement, relocation and removal of lighted cones and multi-barrier barricades. This item shall include all labor and materials necessary for furnishing, placement, relocation, maintenance, and removal of lighted cones and construction barricades. All light cones and barricades will be stored on site and will be placed as Directed by the Owner Authorized Representative (OAR). MATERIALS 300-2.1 LIGHTED CONES. The cones shall be either red or orange in color and shall be weighted sufficiently either by design or other methods to stabilize the cones against wind or jet aircraft blast. The lights shall be attached to the cones or adjacent to the cones. The lights shall be battery operated and will be flashing, strobe, or continuous burning, as shown on the plans, or as directed by the OAR. The cones shall ·have a six (6) inch wide retroreflective band continuously around the cone located near the top of the cone. 300-2.2 MUL Tl-BARRIER BARRICADES. The multi-barrier barricades shall be Safety Barricade Model AR-10x96 or approved equal. The red lights shall be battery operated and shall be of such a design that they will operate a minimum of 15 hours on a single charge. CONSTRUCTION METHODS 300-3.1 LIGHTED CONES. The lighted cones shall be placed at locations designated by the OAR. It shall be the contractor's responsibility to maintain the lighted cones and to immediately repair or replace any cone that is damaged, and to replace batteries, lights and flashers that are not operating. Maintenance, repair, and replacement will not be paid for directly, but shall be subsidiary to the Bid Item 00501. If the Contractor fails to locate or maintain the lighted cones, it shall be cause for the suspension of work, until proper maintenance and . location has been fulfilled to the satisfaction of the OAR. Ft. Worth Alliance Airport Shoulder Rehabilitation Project Phase 1 G-300-1 During construction, the Contractor may be required to relocate certain lighted cones to accommodate progress of this work as directed by the OAR and to place lighted cones on a nightly basis for runway and taxiway closures. This relocation is not a separate pay item but will be considered subsidiary to the Bid Item 00501. 300-3.2 MUL Tl-BARRIER BARRICADES. a. Placement of Multi-Barrier Barricades. Multi-barrier barricades shall be placed on the concrete apron, asphalt shoulders and grass areas, as directed by the OAR, to separate the active apron and taxiways from areas under construction. Placement of multi-barrier barricades shall be compatible with the contract documents and shall be located to the extent determined by the OAR. (1) It shall be the Contractor's responsibility to secure the multi-barrier barricades in the grassy area in a stable manner. (2) The battery operated red flashers located at each end of the multi-barrier barricade shall be operative at all times. It shall be the Contractor's responsibility to immediately repair or replace any flasher that is not operating. (3) Multi-barrier barricades shall be . in place prior to commencing construction operations. If the Contractor fails to locate or maintain barricades and lights, it shall be cause for the suspension of work, until proper · maintenance and barricade location has been fulfilled to the satisfaction of the OAR. b. Relocation of Multi-Barrier Barricades. Multi-barrier barricades shall be relocated to new areas as directed by the OAR. · This relocation is not a separate pay item but will be considered subsidiary to the Bid Item 00501. c. The multi-barrier barricades shall remain the property of the Contractor. METHOD OF MEASUREMENT 300-4.1 MEASUREMENT. The furnishing, installation and relocation of construction lighted cones and barricades shall not be measured separately but shall be considered subsidiary to the Lump Sum bid item "Sign- Barricades & Traffic Routing -Install". Ft. Worth Alliance Airport Shoulder Rehabilitation Project Phase 1 G-300-2 BASIS OF PAYMENT 300-5.1 PAYMENT. No separate payment shall be made for barricades, lighted cones or other traffic control devices. Payment for these items shall be made at the contract Lump Sum price bid for Construction Barricades, Lighted Cones and Traffic Control Devices. Such price shall be full compensation for furnishing all material, labor, tools, equipment and incidentals necessary to provide, install, relocate, maintain and remove all construction barricades, lighted cones and traffic control devices. Payment will be made under: Item 00501 Sign-Barricades & Traffic Routing -Install, ---per lump sum. Ft. Worth Alliance Airport Shoulder Rehabilitation Project Phase 1 END OF ITEM G-300 G-300-3 ITEM P-101 MOBILIZATION DESCRIPTION 101-1.1 GENERAL. The work specified in this item consists of preparatory work and operations to mobilize for beginning work on the project, and departure from the site upon completion of this work. Mobilization shall include, but not be limited to, those operations necessary for the movement of personnel, equipment, supplies and incidentals to the project site, for furnishing, installation and any necessary relocation of construction barricades, and for the establishment of temporary AOA access gate(s), utilities, safety equipment and first aid supplies, sanitary and other facilities, as required by these specifications and State and local laws and regulations . The cost of boncJs and any required insurance or which is not covered by a separate payment item, and any pre-construction expense necessary for the start of the work, excluding the cost of construction materials, may also be included in this section . This item shall also cover demoQilization from the site upon the completion of the work . Demobilization shall include, but is not limited to, removal of temporary offices, buildings, utilities, and other facilities as well as demolition and restoration of the staging area(s) to condition prior to construction, removal of temporary gate(s), reconstruction of permanent security (AOA) fence, haul routes, and any other areas not covered by other sections . BASIS OF PAYMENT 101-2.1 GENERAL. The work and incidental costs covered under this item shall be paid for at the Contract lump sum price for Mobilization. 101-2.2 PARTIAL PAYMENTS. Partial payments will be made in accordance with the following: Percent of Original Contract Amount Earned 5% 10% 100% Allowable Percent of the Lump Sum Price for the Item* 50% 90% 100% *The lump sum amount for this item is limited to five (5%) percent of the original Contract amount. Any amount in excess of five (5%) percent will be paid upon completion of all work on the Contract. The standard retainage as specified in the General Conditions shall be applied to this item . Payment will be made under: Item 00124 Mobilization ..., Services--per lump sum Ft. Worth Alliance Airport Shoulder Rehabilitation Project Phase 1 END OF ITEM P-101-1 SPECIAL PROVISION TO ITEM P-605 JOINT SEALING FILLER 1. Delete all references to "Engineer'' and replace with "Owner'' or "Owner's Representative." 2. Delete Section 605-2.1 and substitute the following: 605-2.1 JOINT SEALERS. Unless Otherwise shown _on the Plans, selected concrete pavement joints are to be . sealed with silicone-base sealant. Joint sealing materials shall be Type IX Silicon Joint sealant and shall meet the requirements of Federal specifications TT-S-001543A and TT-S-002306 Class A Unless otherwise shown on plans , all pavements joints are to be sealed with self leveling silicon based sealant. · a. Silicon Based Sealant. Joint sealant shall be Dow Corning SL890 joint sealant as manufactured by Dow Corning Corp ., Midland, Michigan 48647; Baysilicone 960 , Mobay Corp., Pittsburg, Pennsylvania; Roadsaver Silicone , Crafco Inc., Chandler, Arizona; or approved equal. b. Backer Rod. The backer rod shall be closed cell polyethylene foam backer rod of sufficient size to provide a tight seal. The backer shall be installed in the saw cut joint to prevent the sealant from flowing to the bottom. The backer rod shall · be compatible with the joint sealant to act as a bond breaker. Each lot or batch of sealing compound shall be delivered to the jobsite in the manufacturer's original sealed container. Each container shall be marked with the manufacturer's name, batch or lot number, and the safe heating temperature and shall be accompanied by the manufacturer's certification that the compound meets the requirements of the specifications. 3. Delete Section 605-2.2 4. Add the following Section 605-2 .3 Section 605-2.3 EQUIPMENT. Equipment necessary for construction of this work shall be in good working condition and as recommended by the sealant manufacturer. The joint sealant application equipment shall consist of a power driven apparatus capable of extruding the material at a continuous feed. The extruding nozzle tip of the machine shall be designed to fill the joint uniformly. Fort Worth Alliance Airport Shoulder Rehabilitation Phase 1 S-P-605-1 The equipment for cleaning joint openings shall consist of plows, powered brooms, air compressors, and joint cleaning and grooving machines necessary to . produce a clean dry joint · 5. Add the following Section 605-3.3 The joints shall be sealed immediately following the period recommended by the manufacturer to allow proper pavement curing and adhesion of the sealant. At the time of application the ambient temperature and the pavement temperature shall be at least 50 degrees Fahrenheit and weather conditions shall be dry. · Silicone joint sealant shall be installed in strict accordance with the manufacturer's recommendations. The manufacturer's representative shall be at the site of the work prior to commencement of initial joint sealant operati9ons to demonstrate application technique to the Contractor an to insure proper preparation of the joint has been performed. Sufficient joint sealant shall be placed in the joints so that the surface of the sealant is within one quarter of an inch below the surface of the pavement, or at the level directed by the Engineer of the manufacturer's representative. Immediately after placement and before the skin forms, the sealant shall be tool3ed against the joint face for maximum adhesion. The contractor spot or refill all unsatisfactory joints before final acceptance. Any excess sealant shall be removed with the surface left in a clean condition. 6. Delete Section 605-4.1, METHOD OF MEASUREMENT, in its entirety and substitute the following: 605-4.1 METHOD OF MEASUREMENT. Selected concrete airfield pavement joints to be sealed will be measured by the linear foot of actual joint cleaned repaired and sealed, complete in place. 7. Delete Section 605-5.1, BASIS OF PAYMENT, in its entirety and substitute the following: 605-5.1 BASIS OF PAYMENT. Payment for Sealing of Selected Concrete Airfield Pavement Joints will be made at the contract unit price per linear foot. The price shall be full compensation for furnishing all materials, including backer rod, for all preparation, equipment, delivering and placing of the materials, and for all labor equipment, tools and incidentals necessary to complete the iteni. Payment will be made under: Item 00456 Fort Worth Alliance Airport Shoulder Rehabilitation Phase 1 Pavement-Butt Joints-Clean and Seal -lnstall--linear foot END OF SPECIAL PROVISION S-P-605-2 ITEM P-605 JOINT SEALING FILLER DESCRIPTION 605-5.1 This item shall consist of providing and installing a resilient and adhesive joint sealing filler capable of effectively sealing joints and cracks in pavements. MATERIALS 605-2.1 JOINT SEALERS. Joint sealing materials shall meet the requ irements of ASTM O 2628 -Preformed Polychloroprene Elastomeric Joint Seals for Concrete Pavements Each lot of preformed joint sealer delivered to the jobsite· shall be accompanied by the manufacturer's certification stating that it meets the requirements of this specification . 605-2.2 LUBRICANT. Lubricant for installation of preformed joint seal shall be a one-component polychloroprene compound containing only soluble phenolic resins blended together with anti-oxidants and acid acceptors in aromatic hydrocarbon solvent mixture and shall meet the following requ irements: I I Requirements I ASTM I Average Weight per Gallon pounds 7.8 Solids Content, Percent by Weight 22-88 01644, Method A Film Strength, psi 2,300 min. 0412 Elongation, percent . 750 min . 0412 Each shipment of lubricant shall be delivered to the jobsite in the manufacturer's original sealed container. Each contain~r shall be marked with the manufacturer's name, batch or lot number, and the date of manufacture and shall be accomparjied by the manufacturer's certification stating that the lubricant meets the requirements of the specification . This lubricant shall be stored at a temperature between 50 F (1 O C) and 80 F (30 C) and shall be used within 270 days of its manufacture. CONSTRUCTION METHODS 605-3.1 TIME OF APPLICATION. Joints shall be sealed as soon after completion of the curing period as feasible and before the pavement is opened to traffic, including construction equipment. The pavement · temperature shall be above 40 F (4 C) at the time of installation of the poured joint sealing material]. 605-3.2 PREPARATION OF JOINTS. Immediately before sealing, the joints shall be thoroughly cleaned of all laitance, curing compound, and other foreign material. Cleaning shall be accomplished by sandblasting or wire brushing. Upon completion of cleaning , the joints shall be blown out with compressed air. The joint faces shall be surface dry when the seal is applied . Fort Worth Alliance Airport Shoulder Rehabilitation Phase 1 P-605-1 Prior to resealing joints, the existing joint material shall be removed to the depth as shown on the plans. lfjoint sealer other than that originally used is specified, all existing joint sealer shall be removed . 605-3.3 INSTALLATION OF SEALANTS. Joints shall be inspected for proper width, depth, alignment , and preparation, and shall be approved by the Engineer before sealing is allowed. Sealants shall be installed in accordance with the following requirements: Cold Applied Sealants. Cold applied joint sealing compound shall be applied by means of pressure equipment that will force the sealing material to the bottom of the joint and completely fill the joint without spilling the material on the surface of the pavement. A backing material shall be placed as shown on the plans and shall be nonadhesive to the concrete or the sealant material. Sealant which does not bond to the concrete surface of the joint walls, contains voids, or fails to set to a tack-free condition will be rejected and replaced by the Contractor at no additional cost Before sealing the joints, the Contractor shall demonstrate that the equipment and procedures for preparing, mixing, and placing the sealant will produce a satisfactory joint seal. This shall include the preparation of two small batches and the application of the resulting material. Preformed Elastomeric Joint Seals. Preformed joint sealer shall be placed using equipment capable of installing the sealer in the upright position, without cutting, nicking, distorting, or otherwise damaging the seal. Lubricant shall be applied to the concrete or the preformed seal, or both, and the seal sha ll be installed in a substantially compressed condition and at the depth below the surface of the pavement as shown in the plans. The method of installation shall. be such that the joint sealer will not be stretched more than 5 percent of the minimum theoretical length , or compressed more than 2 percent. The method of installation shall be checked for stretching or compression, using transverse joint sealer. The check shall consist of installing sealer in five joints of at least 25 feet (7.5 m) in length, removing the sealer immediately after installation, and checking the length. This check may be modified by premarking or precutting the sealer to length prior to installation if this is compatible with the equipment being used. If the measured length of any of these five sealers indicated that the sealer is stretched or compressed beyond these limits, the installation shall be modified to correct the situation . Once satisfactory sealing operations have started, one joint len·gth per every hundred shall be removed and checked. If the limits are exceeded, the joint sealers on either side should be removed until the condition disappears. The affected joints shall be resealed in a satisfactory manner at no cost to the owner, and the method of installation shall be checked again for satisfactory procedure. The seal shall be installed in the longest practicable lengths in longitudinal joints and shall be cut at the joint intersections for continuous installation of the seal in the transverse joints. METHOD OF MEASUREMENT 605-4 .. 1 Joint sealing material shall be measured by the gallon of sealant in place, complete, and accepted. BASIS OF PAYMENT 605-5.1 Payment for joint sealing material shall be made at the contract unit price per gallon. The price shall be full compensation for furnishing all materials, for all preparation, delivering, and placing of these materials, and for all labor, equipment, tools, and incidentals necessary to complete the item . Payment will be made under: Item P-605-5 .1 Item P-605-5 .2 Fort Worth Alliance Airport Shoulder Rehabilitation Phase 1 Joint Sealing Filler -per gallon Joint Sealing Filler -per pound P-605-2 Item P-605-5.3 ASTM D412 ASTM D 1644 Preformed Sealer -per linear foot TESTING REQUIREMENTS Tests for Rubber Properties in Tension Tests for Nonvolatile Content of Varnishes MATERIAL REQUIREMENTS ASTM D 1854 Jet-Fuel-Resistant Concrete Joint Sealer, Hot-Poured Elastic Type ASTM D 2628 Preformed Polychloroprene Elastomeric Joint Seals for Concrete Pavements ASTM D 3405 Joint Sealants, Hot-Poured, for Concrete and Asphalt Pavements ASTM D 3406 Joint Sealants, Hot-Poured, Elastomeric-Type, for Portland Cement Concrete Pavements ASTM D 3569 Joint Sealant, Hot-Poured, Elastometric, Jet-Fuel-Resistant Type, for Portland Cement Concrete Pavements ASTM D 3581 Joint Sealant, Hot-Poured, Jet-Fuel-Resistant Type, for Portland Cement Concrete and Tar-Concrete Pavements Fed. Spec SS-S-200 Sealing Compounds, Two Component, Elastomeric, Polymer Type , Jet- Fuel Resistant, Cold Applied Fort Worth Alliance Airport Shoulder Rehabilitation Phase 1 END OF ITEM P-605 P-605-3 ITEM P-626 EMULSIFIED ASPHALT SLURRY SEAL SURFACE TREATMENT DESCRIPTION 626-1.1 This item shall consist of a mixture of emulsified asphalt, mineral aggregate , and water; properly proportioned, mixed, and spread evenly on a prepared underlying course or existing wearing course in accordance with. these specifications and shall conform to the dimensions shown on the plans or as directed by the Engineer. MATERIALS 626-2.1 AGGREGATE. The aggregate shall consist of sound and durable natural or manufactured sand, slag, crusher fines, crushed stone , or crushed stone and rock dust, or a combination thereof. smooth-textured sand of less than 1.25 percent water absorption, as tested by ASTM C 128, shall not exceed 50 percent of the total combined aggregate . The aggregate shall be clean and free from vegetable matter, dirt, dust, and other deleterious substances. The aggregate blend shall have a sand equivalent of not less than 45 when tested in accordance with ASTM D2419. The aggregate shall show a loss of not more than 35 percent when tested in accorda11ce with ASTM C 131. The sodium sulfate soundness loss shall not exceed 9 percent, or the magnesium soundness loss shall not exceed 12 percent after 5 cycles when tested in accordance w ith · ASTM C88. Aggregate retained on the No. 50 sieve (300 micro m) shall be 100 percent crushed . The combined aggregate shall conform to the gradation shown in Table 1 when tested in accordance with ASTM C 136. TABLE 1. GRADATION OF AGGREGATES Sieve Size 3/8 in. (9.5 mm) No. 4 (4.75 mm) No. 8 (2 .36 mm) No . 16 (1 .18 mm) No. 30 (600 micro m) No. 50 (300 micro m) No. 100 (150 micro m) No. 200 (75 micro m) Residual asphalt content Percent drv aaareaate Pounds of aggregate per square yard Fort Worth Alliance Airport Shoulder Rehabilitation Phase 1 P-626-1 Percentage by Weight Passing Sieves Type/ --- 100 90-100 65-90 40-60 25-42 15-30 10-20 10-16 6-10 The aggregate, as finally selected, shall have a gradation within the limits designated in Table 1, and should not vary from the low limit on one sieve to the high-limit on the adjacent sieve and vice versa. Precautions shall be taken to prevent segregation of the aggregate in storing and handling. The stockpile shall be kept in areas that drain readily. 626-2.2 FILLER. If filler, in addition to that naturally present in the aggregate, is necessary, it shall meet the requirements of ASTM D 242 and shall be used in the minimum amounts required. Mineral filler shall only be used if needed to improve the workability of the mix or to improve the gradation of · the aggregate. The filler shall be considered as part of the blended aggregate. 626-2.3 EMULSIFIED ASPHALT. The emulsified asphalt shall conform to the requirements of ASTM 02397 for Type CSS-1 or CSS-1 h emulsion. 626-2.4 WATER. All water used in making the slurry shall be potable and free from-harmful soluble salts. 626-2.5 TACK COAT. The tack coat shall be a diluted asphalt emulsion of the same type specified, for the slurry mix. The ratio of asphalt emulsion to water shall be 1 to 3. CONSTRUCTION METHODS 626-3.1 WEATHER LIMITATIONS. The slurry seal shall not be applied if either the pavement or the air temperature is 55°F (13°C) or below or when rain is imminent. 626-3.2 EQUIPMENT AND TOOLS. All equipment, tools, and machines used in the performance of this work shall be maintained in satisfactory working order at all. times. Descriptive information on the slurry mixing and applying equipment to be used shall be submitted to the Engineer for approval not less than 10 days before work starts. a. Pressure Distributors. Pressure distributors used for application of the diluted asphalt emulsion tack coat shall be self-propelled, equipped with pneumatic tires, and capable of uniformly applying 0.05 to 0.15 gallon per square yard (0.23 to 0.68 liter per square meter) of the diluted emulsion over the required width of application. Distributors shall be equipped with tachometers, pressure gages, and volume-measuring devices. Fort Worth Alliance Airport Shoulder Rehabilitation Phase 1 P-626-2 b. Slurry Mixing Equipment. The slurry mixing machine shall be a continuous flow mixing unit capable of accurately delivering a predetermined proportion of aggregate, water, and asphalt emulsion to the mixing chamber and of discharging the thoroughly mixed product on a continuous basis. The aggregate shall be prewetted immediately prior to mixing with the emulsion. The mixing unit of the mixing chamber shall be capable of thoroughly blending all ingredients together. No excessive mixing shall be permitted. The mixing machine shall be equipped with an approved fines feeder that provides an accurate metering device or method to introduce a predetermined proportion of mineral filler into the mixer at the same time and location that the aggregate is fed into the mixer. The fines feeder shall be used whenever added mineral filler is part of the aggregate blend. The mixing machine shall be equipped with a water pressure system and fog-type spray bar adequate for complete fogging of the surface with an application of 0.05 to 0.10 gallon per square yard (0.23 to 0.45 liter per square meter) preceding the spreading equipment. Sufficient machine storage capacity to mix properly ar:id apply a minimum of 5 tons (4 500 kg) of the slurry shall be provided. Proportioning devices shall be calibrated prior to placing the slurry seal. · c. Slurry Spreading Equipment. Attached to the mixing machine shall be a mechanical- type squeegee distributor equipped with flexible material in contact with the surface to prevent loss of slurry from the distributor. It shall be maintained to prevent loss of slurry on varying grades and crown by adjustments to assure uniform spread. There shall be a lateral control device and a flexible strike-off capable of being adjusted to lay the slurry at the specified rate of application. The spreader box shall have an adjustable width. The box shall be kept clean, and built-up asphalt and aggregate on the box shall not be permitted. The use of burlap drags or other drags shall be approved by the Engineer. d. Roller. The roller shall be a pneumatic-tired roller capable of exerting a contact pressure during rolling of 50 pounds per square inch (350 000 newtons per square meter). e. Auxiliary Equipment. Other tools or equipment such as brushes, hand squeegees, hose equipment, tank trucks, water di~tributors and flushers, power blowers, barricades, etc., shall be provided as required. 626-3.3 EQUIPMENT CALIBRATION. Each slurry mixing unit to be used on the project shall be calibrated in the presence of the Engineer prior to construction. Previous calibration documentation covering the exact materials to be used may be accepted by the Engineer provided they were made during the calendar year. The documentation shall include an individual calibration of each material at various settings, which can be related to the machines metering devices. No machine will be allowed to work on the project until the calibration has been completed and/or accepted. Fort Worth Alliance Airport Shoulder Rehabilitation Phase 1 P-626-3 626-3.4 CLEANING EXISTING SURFACE. Prior to placing the tack coat and slurry seal coat, unsatisfactory areas shall be repaired and the surface shall be cleaned of dust, dirt, or other loose foreign matter, grease, oil, or any type of objectionable surface film. Any standard cleaning method will be acceptable except that water flushing will not be permitted in areas where considerable cracks are present in the pavement surface. Any painted stripes or markers on the surface to be treated shall be removed before app lying the tack coat. When the surface of the existing pavement or base is irregular or broken, it shall be repaired or brought to uniform grade and cross section as directed by the Engineer. Cracks wider than 3/8 inch (9 mm) shall be sealed with compatible joint sealer prior to applying the slurry seal. 626-3.5 APPLICATION OF BITUMINOUS TACK COAT. Following the preparation for sealing, application of the diluted emulsion tack coat shall be made by means of a pressure distributor in amounts between 0.05 and 0.15 gallon per square yard (0.23 to 0.68 liter per square meter) as directed by the Engineer. The tack coat shall be applied, at least, 2 hours before the slurry seal, but within the same day. 626-3.6 COMPOSITION OF SLURRY MIX. No slurry seal for payment shall be placed until a mix design has been approved by the Engineer. The mix design shall be developed by a laboratory with experience in designing slurry seal mixes and a signed copy submitted in writing by the Contractor to the Engineer at least 10 days prior to the start of operations. The laboratory report must indicate the proportions of aggregates, mineral filler (min and max), water (min and max) and asphalt based on the dry aggregate weight. It shall also report the quantitative effects of moisture content on the unit weight of the aggregate (bulking effects). The mix design shall be in effect until modified in writing by the Engineer. Should a change in sources of materials be made, a new design mix shall be established before the new material is used. The percent of aggregate passing each sieve shall not vary more than +/-14.0 percent from the mix design formula. The residual asphalt content shall not vary more than +/-1.0 percent from the mix design quantity. 626-3.7 TEST SECTIONS. Test sections shall be placed prior to the start of the slurry seal work in the presence of the Engineer. The test area will be designated by the Engineer and will be located on the existing . pavement. Test strips shall be made by each machine after calibration. Samples of the slurry seal shall be taken and the mix consistency and proportions verified. The rate of application will also be verified. If any test does not meet specification requirements, additional tests shall be made at the Contractor's cost until an acceptable test strip is placed. Fort Worth Alliance Airport Shoulder Rehabilitation Phase 1 P-626-4 626-3.8 APPLICATION OF SLURRY SEAL COAT. The surface shall be prewet by fogging ahead of the slurry spreader box. Water used in prewetting the surface shall be applied at such a rate that the entire surface is damp with no · apparent flowing water in front of the slurry spreader box. The slurry mixture shall be of the desired consistency when deposited on the surface, and no additional elements shall be added. Total time of mixing shall not exceed 5 minutes. A sufficient amount of slurry shall be carried in all parts of the spreader box at all times so that complete coverage of all surface voids and cracks is obtained. Care shall be taken not to overload the spreader box which shall be towed at a slow and uniform rate not to exceed 5 miles per hour (8 kilometers per hour). No lumping, balling; or unmixed aggregate shall be permitted. No segregation of the emulsion and aggregate fines from the coarse aggregate will be permitted. If the coarse aggregate settles to the bottom of the mix, the slurry will be removed from the pavement surface. A sufficient amount of slurry shall be fed in the box to keep a full supply against the full width of the squeegee. The mixture shall not be permitted to overflow the front sides of the spreader box. No excessive breaking of the emulsion will be allowed in the spreader box. No streaks such as caused by oversized aggregate will be left in the finished pavement. Adjacent lanes shall be lapped at the edges a minimum of 4 inches (100 mm) to provide complete sealing at the overlap. All edges shall be feathered with hand squeegees. After application of the slurry seal, the surface shall be rolled with a pneumatic-tired roller a minimum of 4 coverages. The roller should be operated at a tire pressure of 50 pounds per square inch (350 000 kPa). The fresh slurry seal application shall be protected by barricades and markers and permitted to dry for 4 to 24 hours, depending on weather conditions. Any damage .to uncured slurry will be repaired at the Contractor's expense. In areas where the spreader box cannot be used, the slurry shall be applied by means of a hand squeegee. Any joints or cracks -that are not filled by the slurry mixture shall be filled by using hand squeegees. No excessive buildup or unsightly appearance shall be permitted on longitudinal or transverse joints. Upon completion · of the work, the seal coat shall have no holes, bare spots, or cracks through which liquids or foreign matter could penetrate to the underlying pavement. The finished surface shall present a uniform and skid resistant texture satisfactory to the Engineer. All wasted and unused material and all debris shall be removed from the site prior to final acceptance. • 626-3.9 EMULSION MATERIAL (CONTRACTOR'S RESPONSIBILITY). Samples of the emulsion that the Contractor proposes to use, together with a statement as to its source, must be submitted, and approval must be obtained before using such material. The Contractor shall furnish the Engineer a manufacturer's certified report for each consignment of the emulsion. The manufacturer's certified report shall not be interpreted as a basis for final acceptance. All such reports shall be subject to verification by testing samples of the emulsion as received for use on the project. Fort Worth Alliance Airport Shoulder Rehabilitation Phase 1 P-626-5 METHOD OF MEASUREMENT 626-4.1 MEASUREMENT. The emulsified asphalt slurry seal surface treatment shall be measured by the square yard of the pavement where the emulsified asphalt slurry seal is applied and accepted . BASIS OF PAYMENT 626-5.1 PAYMENT. Emulsified asphalt slurry seal surface treatment will be paid for at the Contract unit price per square yard of the pavement where the seal coat is used . The price shall be full compensation for furnishing all materials, for preparing, mixing , and applying these materials, and for all labor, equipment, tools, and incidentals necessary to complete the item . Payment will be made under: Pay Item 00468 · Pavement-Seal Coat -Install -per square yard. TESTING REQUIREMENTS ASTM C 88 Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Su lfate ASTM C 128 Specific Gravity and Absorption of Fine Aggregate ASTM C 131 Resistance to Abrasion of Small Size Course Aggregate by Use of the Los Angeles Machine ASTM C 136 Sieve or Screen Analysis of Fine and Coarse Aggregates ASTM D 2419 Sand Equivalent Value of Soils and Fine Aggregate MATERIAL REQUIREMENTS The Asphalt Institute Temperature-Volume Corrections for Institute Emulsified Asphalts Manual MS-6 Table IV-3 ASTM D242 ASTM D977 ASTM D 2397 Mineral Filler for Bituminous Paving Mixtures Emulsified Aspha lt Fort Worth Alliance Airport Shoulder Rehabilitation Phase 1 Cationic Emulsified Asphalt END OF ITEM P-626 P-626-6 ITEM P-628 CRACK SEALING ASPHALT PAVEMENT DESCRIPTION 628-1.1 This Work consists of routing, cleaning, preparing and sealing 1/4 inch (6 mm) wide or wider cracks in existing bituminous pavement. Seal cracks with a petroleum- based crack sealant. 628-:-1.2 EXPERIENCE. The Owner will only allow crack sealing work to be performed by a Contractor (whether a subcontractor or a prime contractor) who has demonstrated the ability to successfully perform crack sealing work. Successful performance is defined as having sealed cracks on runways or taxiways (40,000 S.Y. (33440 m2) total) utilizing similar methods and materials as required on this project. This crack sealing work must have survived one winter with no more than 10 percent cumulative failure of the sealant during the winter. MATERIALS 628-2.1 Crack sealing materials shall be a high performance Specification petroleum- . based polymeric hot pour sealant. The sealant shall meet the requirements of ASTM D 3405. Submit a sample of sealant material to be used to the Engineer. Deliver each lot or batch of sealing compound to the jobsite in the manufacturer's original sealed container. Each container shall be marked with the manufacturer's name, batch or lot number, and the safe heating temperature, present the manufacturer's certification stating that the compound meets the requirements of this Specification. CONSTRUCTION METHODS 628-3.1 EQUIPMENT. Furnish all equipment necessary to complete the routing, cleaning , preparing and sealing of cracks in accordance with the requirements specified. Equipment required for this operation include the following : a. Mechanical router capable of routing the bituminous pavement to provide a depth to width ratio of all routed cracks of 1.0:1.0. b. High pressure air equ ipment capable of blowing sand and other foreign materials from a crack. c. Air chisel or hand tools to remove loose or spalled ·material adjacent to cracks. d. Pressure distributor for applying sealing material. through a hand-operated wand or nozzle in accordance with sealant manufacturer's instructions. Fort Worth Alliance Airport Shoulder Rehabilitation Phase 1 P-628-1 628-3.2 CONSTRUCTION. Existing cracks to be sealed are shown in the contract documents. Cracks O" to %" in width to be cleaned with compressed air and sealed. Cracks greater than %" to 1" in width to be routed, cleaned with compressed air, installation of backer rod and sealed . Cracks greater than 1" to 1 Yz" in width to be routed , cleaned with compressed air, installation of backer rod and sealed . Where existing cracks have been · previously sealed, remove failed sealant to the depth of the route,· and overbond. At locations where water jetting does not remove broken or spalled material adjacent to the crack, use an air chisel or hand tools to remove the material. Remove vegetation from cracks . . Remove existing joint sealant from the cold joints in asphalt shoulder, clean thoroughly and seal joint. Provide a power vacuum or equivalent to immediately remove all debris, including failed sealant, as soon as the cracks are cleaned. Prior to sealing , dry the cleaned cracks, either by air drying or a high capacity torch·. Immediately prior to sealing, blow out the dried crack with compressed air, 80 psi (550 kPa) minimum . Apply crack sealant as per manufacturer's instructions and as outlined in Specification P-605. Overfill the crack to approximately three times the width of the routed crack and approximately 1/8 inch (3 mm) thick on adjacent pavement surfaces . In wide cracks, insert closed cell backer rod material, rope, or other pliable fill material approved by the Engineer in the bottom of the crack in order to maintain the 1.0 to 1.0 depth to width · ratio of the sealant and to reduce the amount of material used. Install backer rod as necessary to limit the amount of sealing material on average (for the project) to 0.5 lbs. per linear foot (.74 kg/m) of cracks sealed. At locations where crack sealant settles into the crack opening more . than 1 /4 inch (9 mm) below adjacent pavement, apply additional material to meet filling Specifications. Hot Poured Sealants. Apply the joint sealant uniformly from bottom to top and seal it without formation of entrapped air or voids . Place backing material as required above . Use an indirect heating type heating kettle, constructed as a double boiler. Provide a positive temperature control and mechanical agitation. Do not heat the sealant to more than 20°F (7°C) below the safe heating temperature. The safe heating temperature can be obtained from the manufacturer's shipping container. Provide a direct connecting pressure type extruding device with nozzles shaped for insertion into the joint. Immediately remove sealant spilled on the surface of the pavement. Fort Worth Alliance Airport Shoulder Rehabilitation Phase 1 P-628-2 628-3.3 GUARANTEE OF WORK. Guarantee crack repairs for a period of 2 years following acceptance of the Work. Not more than 5 percent of the footage of cracks shall have material pulled away from the side of the crack; shall have cracks within the material; shall be missing sealant from the crack; or shall allow entrance of water into the crack. If more than 5 percent of the footage of cracks is judged to have failed, repair the failed cracks to the Engineer's satisfaction. If less than 5 percent of the cracks have failed, repairs will not be necessary. The Engineer will determine which cracks have failed. Return to the project site each of the following two summers and repair sealed cracks that have failed in accordance with the above guarantee. Crack repair shall be done at no additional cost. METHOD OF MEASUREMENT 628-4.1 MEASUREMENT. a. Crack Sealing, regardless of width, of Asphalt Pavement Shoulders will be measured by the square yard of pavement where cracks sealant is installed and accepted . b. Removal of excess existing joint sealant, from asphalt shoulders, will be measured by the linear feet of existing joint sealant removed. BASIS.OF PAYMENT 628-5.1 PAYMENT. a. Crack Sealing, regardless of width, of Asphalt Pavement Shoulders will be paid for at the Contract Unit Price per square yard of the pavement where · crack sealant is installed and accepted. Price shall be full compensation for furnishing all materials, routing, backer rod, sand, for all preparation, delivering and placing of the materials, and for au labor, equipment, tools and incidentals necessary to complete the item. b. Removal of excess .existing joint sealant, from asphalt shoulders, will be paid for at the Contract Unit Price per linear foot. Price shall be full compensation for furnishing all materials, routing, for all preparation, delivering, and for all labor, equipment, tools, and incidentals necessary to complete the item. Standard Pay Items for Work covered by this Specification are as follows: Pay Item 00460 Pay Item 00460 Fort Worth Alliance Airport Shoulder Rehabilitation Phase 1 Pavement-Crack Sealing -Install ---per square yard. Pavement-Crack Sealing -Install (Removal of Existing Excess Joint Sealant) ---per linear feet. P-628-3 ASTM D 3405 Fort Worth Alliance Airport Shoulder Rehabilitation Phase 1 MATERIAL REQUIREMENTS Joint Sealants, Hot-Poured, for Concrete and Asphalt Pavements END OF ITEM P-628-4