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HomeMy WebLinkAboutC2009-426 - 9/8/2009 - ApprovedS P E C I A L P R O V I S I B. E. Beecroft Co. . S P E C I F I C A T I O N A N D F O R M S O F C O N T R A C T S A N D B O N D S F O R CORPUS CHRISTI INTERNATIONAL AIRPORT AIRPORT RESCUE AND FIRE FIGHTING FACILITY (ARFF)IMPROVEMENTS ISSUE FOR BID PREPARED BY: PG~tG 3131 BRIARPARK, SUITE 200 HOUSTON, TEXAS 77042 PHONE: 713-622-1444 FAX: 713-968-9333 CITY PROJECT N0:10025 DRAWING NO: AP 131 FAA AIP NO: 3-48-0051-40-2008 PGAL PROJECT N0: 221.08019.00 2009-42b M2009-247 09/08/09 FOR: DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS , ~~(Q Phone: 361/826-3500 Fax: 361/826-3501 ~~~0 A R~ ~ ~ ' ~ ~ ~ ~ ~ 1383 '~~ F OF ~ ~~0~ ~~,~ CORPUS CHRISTI INTERNATIONAL AIRPORT AIRPORT RESCUE AND FIRE FIGHTING FACILITY (ARFF) IMPROVEMENTS Project No. 10025 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS - A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised August 7, 199s} Worker's Compensation Coverage for Building or Construction Projects for Government Entities NOTICE TO CONTRACTORS - C (Revised 3/06/2001) Notice to Prospective Federally Assisted Construction Contractors NOTICE TO CONTRACTORS - D (Revised 3/06/2000 Notice of Requirements for Affirmative Action to Ensure Equal Opportunity (Executive Order 11246, as amended) PART A - SPECIAL PROVISIONS (Revised 9/1s/oo} A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting A-2 Definitions and Abbreviations A-3 Description of Project A-4 Method of Award A-5 Items to be Submitted with Proposal A-6 Time of Completion/Liquidated Damages A-7 Workers Compensation Insurance Coverage A-8 Faxed Proposals A-9 Acknowledgment of Addenda A-10 Wage Rates (Revised 7/5/00) A-11 Cooperation with Public Agencies (Revised 7/5/00) A-12 Maintenance of Services "~.-~~~~eese a~td Tra€€ie ^^~~ (Not Used) A-14 Construction Equipment Spillage and Tracking A-I5 Excavation and Removals A-16 Disposal/Salvage of Materials A-17 Field Office A-18 Schedule and Sequence of Construction A-19 Construction Project Layout & Control A-20 Testing and Certification A ~ ~ *~ ~j r~a~--F` i any--- (NOT USED } A-22(a) Disadvantaged Business Enterprises (DBE) Participation Goals A-22(b) Minority/Minority Business Enterprise Participation Policy Revised 10/98) A-23 Inspection Required (Revised 7/5/00) A-24 Surety Bonds ~} 25 ~'-~^^ m~v ^~_^^'r'-'^^ NO LONGER APPLICABLI3 (6/11/98} A-26 Supplemental Insurance Requirements A-27 Responsibility for Damage Claims A-28 Considerations for Contract Award and Execution A-29. Contractor's Field Administration Staff A-30 Amended "Consideration of Contract".Requirements A-31 Amended Policy on Extra Work and Change Orders A-32 Amended "Execution of Contract" Requirements A-33 Conditions of Work A-34 Precedence of Contract Documents iz 3~ ^ ~ `' ~•~••~-,••• c+.,... l ~ - - e ~ n ,.•~-3 (NOt USEd) r n Table of Contents 1 of 4 A-36 Other Submittals-(Revised 9/18/00) A-37 Amended "Arrangement and Charge for Water Furnished by the City" A-38 Worker's Compensation Coverage for Building or Construction Government Entities A-39 Certificate of Occupancy and Final Acceptance A-40 Amendment to Section B-8-6: Partial Estimates ^---•- Ta^~ ^ (Not Used} A-42 OSHA Rules & Regulations A-43 Amended Indemnification & Hold Harmless (9/98) A-44 Change Orders (4/26/99) A-45 As-Built Dimensions and Drawings (7/5/00} a 46 n• , F v' ~.,' - - --- ~.~ /r /nn~ (Not Used) n e^~ n rn } +- • L, b1' +- n ~- • ~~ /c lnn~ (NOt Used) A-48 Overhead Electrical~Wires (7/5/00) A-49 Amended "Maintenance Guaranty" (8/24/00) A-50 Amended "Prosecution and Progress" Projects for SUPPLEMENTARY SPECIAL PROVISIONS (the following added by Consulting 8ngiaeer) A-51 Dewatering A-52 Rain Delays n 5.3 -z:~~ES ~?etiee of Intent ^-~L°~''`"' (Not Used) 34 54-~z~^'' "'-(Not Used) A-55 Project Record Documents A-56 Errors and Omissions A-57 Definition of Engineer A-58 Trench Safety A-59 Airport Safety and Security A-60 Computer Generated Proposals SPECIAL PROVISIONS - ATTACHMENT 1 - Sample Computer Printout Federally Required Language for Construction Contracts Corpus Christi International Airport Sackgrouad Verification Form Corpus Christi 8mployment and Personal History Form Airport Construction Safety Plaa FAA Advisory Circular 150/5210-15A - Aircraft Rescue and Firefighting Station Building Design, Chapter 3 - Station 131emeats FAA Advisory Circular 150/5370-28 - Operational Safety. on Airports During Construction PART B - GENERAL PROVISIONS. (rev . rrov/ 94 ) PART C - FEDERAL WAGE RATES AND REQIIIREMENTS PART T - TECHNICAL SPECIFICATIONS FAA GSNSRAL PROVISIONS GP-10 Definition of Terms GP-20 Proposal Requirements and Conditions GP-30 Award and Execution of Contract GP-40 Scope of Work GP-50 Control of Work GP-60 Control of Materials GP-70 Legal Regulations and Responsibility to Public GP-80 Prosecution and Progress GP-90 Measurement and Payment GP-100 Contractor Quality Control Program GP-110 Method of Estimating Percentage of Material Within Specification Table of Contents 2 of 4 Limits (PWL) GP-120 Nuclear Gages GENERAL RSQII] 011000 012500 012600 012900 013100 013200 013233 013300 014000 015000 016000 017300 017700 :REMENTS Summary Substitution Procedures Contract Modification Procedures Payment Procedures Project Management and Coordination Construction Progress Documentation Photographic Documentation Submittal Procedures Quality Requirements Temporary Facilities and Controls Product Requirements Execution Closeout Procedures ARCHITECTIIRAL DIVISION 02 - EXISTING CONDITIONS 024119 Selective Structure Demolition DIVISION 03 - CONCRSTB 033000 Cast-In-Place Concrete DIVISION 04 - MASONRY 042200 Concrete Unit Masonry DIVISION 05 - METALS 051200 Structural Steel Framing 054000 Cold-Formed Metal Framing DIVISION O6 - WOOD, PLASTICS, AND COMPOSITES 061600 Sheathing. DIVISION 07 - THERMAL AND MOISTURE PROTECTION 071900 Water Repellants 072100 Thermal Insulation 075552 Modified Bituminous Protection Membrane Roofing 076200 Sheet Metal Flashing and Trim 079200 Joint Sealants DIVISION 08 - OPENINGS 083613 Sectional Overhead Doors DIVISION 09 - FINISHES 092400 Portland Cement Plastering DIVISION 16 - ELECTRICAL 16010 Special Provisions for Electrical Work 16110 Raceways 16111 Conduits and Fittings 16120 Wire and Cable - 600 Volts and Under 16131 Junction and Pull Boxes 16134 Outlet Boxes 16150 Motors, Controllers and Electrical Powered Equipment 16170 Disconnect Switches 16190 Supporting Devices 16450 Grounding 16476 Fuses 16603 Empty Raceway Systems GENERAL CONSTRIICTION G-300 Barricades and Traffic Control Table of Contents 3 of 4 T TAen nfl Tn~wr.Trwrne ARFFIMPROVEMENTS SHEET WDEX CONSULTANT SHT. SHEET TITLE SHEET NO. NO. GENERAL DRAWINGS G 1.01 1 COVER SHEET & SHEET INDEX G 1.02 2 GENERAL NOTES G 1.03 3 ESTIMATED QUANTITIES G 1.04 4 GENERAL INFORMATION, SYMBOLS AND ABBREVIATIONS G 1.05 5 AIRPORT LAYOUT PLAN G 1.06 6 BARRICADE AND SAFETY DETAILS CIVIL DRAWINGS C 1.01 7 SITE ACCESS PLAN C 1.02 8 PROJECT PHASING AND SAFETY PLAN C 1.03 9 SURVEY CONTROL MAP DEMOLITION DRAWINGS D 2.01 10 DEMOLITION PLAN D 3.01 11 DEMOLITION -REFLECTIVE CEILING PLAN D 5.00 12 .DEMOLITION.- ELEVATIONS ARCHITECTURAL DRAWINGS A 2.01 13 FLOOR PLAN A 2.02 14 PLAN DETAILS A 5.00 15 EXTERIOR ELEVATIONS STRUCTURAL DRAWINGS S 0.01 16 GENERAL NOTES S 1.01 17 SECTION DETAILS S 1.02 18 PROPOSED SECTIONS S 1.03. 19 FRAMING PLAN & DETAILS ELECTRICAL DRAWING5 E 1.01 20 MECHANICAUELECTRICAL NOTES & SYMBOLS E 2.01 21 ELECTRICAL DEMOLITION PLAN E 3.01 22 ELECTRICAL PLAN NOTICE -- AGREEMENT PROPOSAL/DISCLOSIIR.E STATBMENT PERFORMANCE BOND PAYMENT BOND Table of Contents 4 of 4 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City of Corpus Christi, Texas for: CORPIIS CHRISTI INTERNATIONAL AZRPORT, AIRPORT RESCIIE AND FIRE FIGHTING FACILITY (ARFF) IMPROVENlENNTS, PROJECT NO. 10025; which consists of the following: i) Base Bid comprised of the widening of the existing 6 bay doors on the ARFF from 14-feet in width to 16-feet in width to suit larger ARFF vehicles. Construction requirements require the complete removal of the existing doors and supports and complete reconstruction of the door supporting structures, and the affected areas of the building facade; parapet walls, roof and other items as required. The new bay doors shall meet all criteria for design strength, wind loading, and other criteria such as insulation and weather-stripping. Additionally, the new doors shall meet the requirements of FAA Advisory Circular (AC) 150/5210-15A for "Vehicle Bay Doors" as applicable. Project is also comprised of resealing of the exterior joints around the perimeter of the building, including cleaning, new backer rod and sealant as required. will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, August 12, 2009, and then publicly opened and read. Any bid received after closing time will be returned unopened. A pre-bid meeting is scheduled for Wednesday, August 05, 2009 beginning at 10:00 a.m. The pre-bid meeting will be conducted by the City, at Corpus Christi International Airport, Administrative Office, 1000 International Drive, Corpus Christi, TX 78406. A bid bond in the amount of 5% of the highest amount bid must accompany each proposal. Failure to provide the bid bond will constitute a non-responsive proposal which will not be considered. Failure to provide required performance and payment bonds for contracts over $25,000.00 will result in forfeiture of the 5% bid bond to the City as liquidated damages. Bidder's plan deposit is subject to mandatory forfeiture to the City if bidding documents are not returned to the City within two weeks of receipt of bids. Plans, proposal forms, specifications and contract documents may be procured from the City Engineer upon a deposit of Fifty and no/100 Dollars. ($50.00) as a guarantee of their return in good condition within two weeks of bid date. Documents can be obtained by mail upon receipt of an additional ($10.00) which is a non-refundable postage/handling charge. The bidder is hereby notified that the owner has ascertained the wage rates which prevail in the locality in which this work is to be done and that such wage scale is set out in the contract documents obtainable at the office of the City Engineer and the Contractor shall pay not less than the wage rates so~shown for each craft or type of "laborer," "workman," or "mechanic" employed on this project. The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, seems most advantageous to the City and in the best interest of the public. CITY OF CORPUS CHRISTI, TEXAS /s/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chaps City Secretary revised 7/5/00 NOTICE TO CONTRACTORS NOTICE TO CONTRACTORS - A INSURANCE REQUIREMENTS Revised March, 2009 A Certificate of Insurance indicating proof of coverage in the following amounts is required: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on Bodily Injury and Property Damage all certificates PER OCCURRENCE / AGGREGATE Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3, Explosion and Collapse Hazard 4. Underground Hazard 5, Products/ Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS` COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental REQUIRED discharge; to include long-term X NOT REQUIRED environmental impact for the disposal of - contaminants See Section B-6-11 and Supplemental BUILDERS' RISK Insurance Requirements X REQUIRED NOT REQUIRED INSTALLATION FLOATER See Section B-6-11 and Supplemental Insurance Requirements _ REQUIRED X NOT REQUIRED Dar-ra l of 7 ^The City of Corpus Christi must be named- as an additional insured on all coverages except worker's compensation liability coverage. ^The name of the project must be listed under "description of operations" on each certificate of insurance. ^For each insurance coverage, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, providing the City with thirty (30) days prior written notice of cancellation of or material change on any coverage. The Contractor shall provide to the City the other endorsements to insurance policies or coverages which are specified in section B-6-ll or Special Provisions section of the contract. A completed "Disclosure of Interest" must be submitted with your proposal. Should you have any questions regarding insurance requirements, please contact the Contract Administrator at .880-3500. Page 2 of 2 NOTICE TO CONTRACTORS - B WORKER'S COMPENSATION INSURANCE REQUIREMENTS Page 1 of I1 Texas Administrative Code TITLE 28 INSURANCE PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION CHAPTER 110 REQUIRED NOTICES OF COVERAGE SUBCHAPTER B EMPLOYER NOTICES RULE §110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities (a} The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a workers' compensation coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84}, showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement} providing services on a project, for the duration of the project. (2} Building or construction--Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage--Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Texas Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee -and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project--Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act)--With the exception of persons excluded under subsections (h} and (i) of this section, 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 but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of - any such entity, or employees of any entity furnishing persons to perform services on the project. Page 2 of 11 "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project--Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that alt coverage agreements have been filed with the. appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1 }include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language required by paragraph (7) of this subsection; (2} as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this section; (3) obtain from the contractor a certificate of coverage for each person providing services ors the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the language contained in the following Figure 1 for bid specifications and contracts, - without any additional words or changes, except those required to accommodate the specific _ document in which they are contained or to impose stricter standards of documentation: Attached Graphic Page 3 of 11 (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A} a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage. showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within-ten 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; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify. current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed 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 provided by the commission on the sample notice, without any additional words or changes: Attached Graphic (8) contractually require each person with whom it contracts to provide services on a project to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; . (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section; Page 4 of 11 (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by subparagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper 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 aself-insured, with the commission`s Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and - (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Page 5 of 11 (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within ten days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in paragraph (3) of this subsection; (D} provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by this subparagraph and subparagraphs (A)-(G) of this paragraph, with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person. ar circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on or after September 1, 1994, which are not required by - law to be advertised for bid. Page 6 of 11 (h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j). (i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, § 1.20). This subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996. Source Note: The provisions of this § 110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be effective November b, 1995, 20 TexReg 8609 Page 7 of 11 T28S 110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person ~lorking on this site or providing services related to this construction project must be covered by workers' 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 Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " Page 8 of 11 T28S 110.110(c)(7} Article .Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate')- Acopy 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 workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the 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 X406.096) -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, provZding, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classiftcation codes and payroll amounts and frling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 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. Page 9 of 11 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 not the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change. that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, 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. 1. 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 of classification codes and payroll amounts and ftling 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 cerlifacate 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 cert~cate 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 writing by certified mail or personal delivery, within 10 days after the person knew or should have known,. of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage fo 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 workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification ~ codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of Self- Page 10 of 11 Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, 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 which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 NOTICE TO CONTRACTORS - C (for contracts over $10,000} Notice to Prospective Federally Assisted Construction Contractors 1. A Certification of Nonsegregated Facilities must be submitted prior to the award of a federally-assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making statements in offers is prescribed in 18 U.S.C. 1001. Notice to Prospective Subcontractors of Requirement for Certification of Nonsegregated Facilities 1. A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause wil{ be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. A copy of the Certification of Non-segregated Facilities (for contracts over $10,000) is located in the Federally Required Language section of this document.. Federally Mandated Construction Contract Language Revision 1 -March 6, 2001 NOTICE TO CONTRACTORS - D (for contracts over $10,000) Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246, as amended) 1. The Offerer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority Goals for female participation for each participation in each trade trade Insert goals for Insert goals for each year each year These goals are applicable to all the contractor's construcfion work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor pertorms construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to. this second area, the contractor also is subject to the goals for both its federally involved and nonfederafly involved construction. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action okiligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the contractor's goals, shall be a violation of the contract, the Executive Order,' and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The contractor shall provide written notification to the Director, OFCCP, within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract into be performed. 4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is Corpus Christi, Nueces County, Texas. Federally Mandated Construction Contract Language Revision 1-March 6, 2001 PART A SPECIAL PROVISIONS CORPUS CHRISTI INTERNATIONAL AIRPORT AIRPORT RESCUE AND FIRS FIGHTING FACILITY (ARFF) IMPROVEMENTS Project No. 10025 SECTION A - SPECIAL PROVISIONS A-1 Time and Place of Receiviag Proposals/Pre-Bid Meetin Sealed proposals will be received in conformity with the official advertisement inviting bids for the project. Proposals will be received in the office of the City Secretary, located on the first floor of City Hall, 1201 Leopard Street, until 2.00 p m Wedaesday, August 12, 2009. Proposals mailed should be addressed in the following manner: City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 BID PROPOSAL - CORPUS CHRISTI INTERNATIONAL AIRPORT Any proposals not physically in possession of the City Secretary's Office at 'the time and date of bid opening will be deemed late and nonresponsive. Late proposals will be returned unopened to the proposer. The proposer is solely responsible for delivery to the City Secretary's Office. Delivery of any proposal, by the proposer, their agent/representative, U.S. Mail, or other delivery service, to any City address or office other than the City Secretary's Office will be deemed non-responsive if not in possession of the City Secretary's Office prior to the date and time of the bid opening. A pre-bid meeting will be held on Wedaesday, August 5, 2009, beginning at 10:00 a.m. The pre-bid meeting will coaveae at Corpus Christi Interaatioaal Airport, Administrative Office, 1000 Iateraational Drive, Corpus Christi, TX 78406.. No additional or separate visitations will be conducted by the City. A-2 Definitions and Abbreviations Section B-1 of the General Provisions will govern. A-3 Descri tioa of Project CORPUS CHRISTI INTERNATIONAL AIRPORT - AIRPORT RESCUE AND FIRS FIGHTING FACILITY (ARFF) IMPROVSMSNTS, which consists of the following: 1) Base Bid comprised of the widening of the existing 6 bay doors on the ARFF from 14-feet in width to 16-feet in width to suit larger ARFF vehicles. Construction requirements require the complete removal of the existing doors and supports and complete reconstruction of the door supporting. structures, and the affected areas of the building facade, parapet walls; roof and other items as required., The new bay doors shall meet all criteria for design strength, wind loading, and other criteria such as insulation and weather-stripping. Additionally, the new doors shall meet the requirements of FAA Advisory Circular (AC} 150/5210-15A for °Vehicle Bay Doors" as applicable. Project is also comprised of resealing of the exterior joints around the perimeter of the building, including cleaning, new backer rod and sealant as required. A-4 Method of Award The bids will be evaluated based on the following order of priority, subject to availability of funds: 1. Total Base Bid Section A - SP (Revised 9/18/00) Page 1 of 30 The City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. Allowances The Allowances included in the Proposal Form are for bidding purposes only and not a guaranteed payment amount. Final payment for each allowance will be negotiated for work performed and for such sums as may be acceptable to the Owner. The allowances include costs to Contractor of all materials, labor and equipment required to complete the bid item. Prior to final payment, an appropriate Change Order will be issued to reflect the amount due to the Contractor on account of work covered by allowances, and the Contract Price shall be correspondingly adjusted. A-5 Items to be Submitted with Proposal The following items are required to be submitted with the proposal: 1. 5~ Bid Boad (Must reference the Proposal as (A Cashier's Check, certified check, money order or bank draft from any State or National Bank will also be acceptable.) 2. Disclosure of Interests Statement A-6 Time of Completion/Liquidated Damages The working time for completion of the. Project will be one hundred twenty (120) calendar days. The Contractor shall commence work within ten (10) calendar days after receipt of written notice from the Director of Engineering Services or designee ("City Engineer") to prdceed. For each calendar day that any work remains incomplete after the time specified in the Contract for completion of the work or after such time period as extended pursuant to other provisions of this Contract, $500.00 per calendar day will be assessed against the Contractor as liquidated damages. Said liquidated damages are not imposed as a penalty but as an estimate of the damages that the City will sustain from delay in completion of the work,. which damages by their nature are not capable of precise proof. -The Director of Engineering Services (City Engineer) may withhold and deduct from monies otherwise due the Contractor the amount of liquidated damages due the City. A-7 Workers Compensation Insurance Coverage If the Contractor's workers' compensation insurance coverage for its employees working on the Project is terminated or canceled for any reason, and replacement workers' compensation insurance coverage meeting the requirements of this Contract is not in effect on the. effective date of cancellation of the workers' compensation insurance coverage to be replaced, then any Contractor employee not covered by the required workers' compensation insurance coverage must not perform any work on the Project. Furthermore, for each calendar day including and after the effective date of termination or cancellation of the Contractor's workers' compensation insurance coverage for. its employees working on the Project until the date replacement workers' compensation insurance coverage, meeting the requirements of this Contract, is in effect for those Contractor employees, liquidated damages will be assessed against and paid by the Contractor at the highest daily rate elsewhere specified in this Contract. Such liquidated damages will accumulate without notice from the City Engineer to the Contractor-and will be assessed and paid Section A - SP (Revised 9/t 8/00) Page 2 of 30 even if the permitted time to complete the Project has not expired. In accordance with other requirements of this Contract; the Contractor shall not permit subcontractors or others to work on the Project unless all such individuals working on the Project are covered by workers'' compensation insurance and unless the required documentation of such coverage has been provided to the Contractor and the City Engineer. A-8 Faxed Proposals Proposals faxed directly to the City will be considered non-responsive. Proposals must contain original signatures and guaranty and be submitted in accordance with Section B-2 of the General Provisions. A-9 Acknowledgment of Addenda The Contractor shall acknowledge receipt of_ all addenda received in the appropriate space provided in the proposal. Failure to do so will be interpreted as non-receipt. Since addenda can have significant impact on the proposal, failure to acknowledge receipt, and a subsequent interpretation of non-receipt, could have an adverse effect when determining the lowest responsible bidder. A-10 Wage Rates (Revised 7/5/00) Labor preference and wage rates for heavy construction and Suildiag Construction. In case of conflict, Contractor shall use higher wage rate. Minimum Prevailing Wage Scales The Corpus Christi City Council has determined the general prevailing minimum hourly wage rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor must not pay less than the specified wage rates to all. laborers, workmen, and mechanics employed by them in the execution of the Contract. The Contractor or subcontractor shall forfeit sixty dollars ($60.00) per calendar day, or portion thereof, for each laborer, workman, or mechanic employed, if such person is paid less than the specified rates for the classification of work performed. The Contractor and each subcontractor must keep an accurate record showing the names and classifications of all laborers, workmen, and mechanics employed by them in connection with the Project and showing the actual wages paid to each worker. The Contractor will make bi-weekly certified payroll submittals to the City Engineer. The Contractor will also obtain copies of such certified payrolls from all subcontractors and others working on the Project. These documents will also be submitted to the City Engineer bi-weekly. (See section for Minority/Minority Business Enterprise Participation Policy for additional requirements concerning the proper form and content of the payroll submittals.} One and one-half (1-1/2) times the specified hourly wage must be paid for all hours worked in excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See Section B-1-1, Definition of Terms, and Section B-7-6, Working Hours.) A-11 Cooperation with Public Agencies (Revised 7/5/00) The Contractor shall cooperate with all public and private agencies with facilities operating within the limits of the Project. .The Contractor shall provide a forty-eight (48) hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using Dig Tess at 1- 800-344-8377, the Lone Star Notification Company at 1-800-669-8344. For the Contractor's convenience, the following telephone numbers are listed. City Engineer 361/826-3500 CCIA Engineer 361/289-0171 ext 1223 CCIA Facilities Manager 361/289-0171 ext 1236 CCIA Operations Manager 361/289-0171 ext 1229 Section A - SP (Revised 9/18/00) Page 3 of 30 A/E•Project Engineer PGAL-Michael Lawrence City Traffic Engineer Police Department Water Department Wastewater Department Gas Department Storm water Parks & Recreation Solid Waste Services American Electric Power (AEP) Southwestern Bell Tel. Co. (SBC) City Street Div. for Traffic Signal/Fiber Optic Locate Cablevision ACSI (Fiber Optic) Century Telephone ChoiceCom (Fiber Optic) CAPROCK (Fiber Optic) Brooks Fiber Optic (MAN) A-12 Maintenaace of Services 713/622-1444 (direct 713/968-9375} 826-3540 826-1911 826-1880 (826-3140 after hours) 826-1818 (826-3140 after hours) 826-6900 (826-6900 after hours) 826-1881 (826-3140 after hours} 826-3461 826-1970 299-4833 (693-9444 after hours) 881-2600 (1-800-824-4424 after hours) 826-1946 857-5000 887-9200 225-214-1169 881-5767 512/935-0958 972/753-4355 826-1960 (857-5060 after hours) (Pager 800-724-3624) (Mobile 225-229-3202) (Pager 850-2981} (Mobile) The Contractor shall take all precautions in protecting existing utilities, both above and below ground. The Drawings .show as much information as can be reasonably obtained from existing as-built drawings, base maps, utility records, etc. and from as much field work as normally deemed necessary for the construction of this type of project with regard to the location and nature of underground .utilities, etc. .However, the accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate such underground features sufficiently in advance of his operations to preclude damaging the existing facilities. If the Contractor encounters utility services along the line of this work, it is his responsibility. to maintain the services in continuous operation at his own expense. In the event of damage to underground utilities, whether shown in the drawings or not, the Contractor shall make the necessary repairs to place the utilities back in service to construct the work as intended at no increase in the Contract price. All such repairs must conform to the requirements of the company or' agency that owns the utilities. Cohere existing sewers are encountered and are interfered with (i.e. broken, cut, etc.), flow must be maintained. Sewage or other liquid must be handled by the. Contractor either by connection into other sewers or by temporary pumping to a satisfactory outlet, all with the approval of the City Engineer. Sewage or other liquid must not be pumped, bailed or flumed over the streets or ground surface and Contractor must pay for all fines and remediation that may result if sewage or other liquid contacts the streets or ground surface. It is also the Contractor's responsibility to make all necessary repairs, relocations and adjustments to the satisfaction of the City Engineer at no increase in the Contract price. Materials for repairs, adjustments or relocations of sewer service lines must be provided by the Contractor. . ~ ~S~~ea Aeees;raad ~~a€€ie ^--~~(Not IIsed) i ~~ N...'.~.. ..l , adverse }mpaet .. ti,~, a :1~:1 Ste. ..F ,a, .,.~: mw: ..~..a,. , ~ tec~~~a~^~a~s, eens~r-ate€~e~-e~etea~s, ete. Section A - SP (Revised 9/18/00) Page 4 of 30 f~em the ••••- ~ .,. -.FF... L+.......,ne~ r, A-14 Construction Equipment Spillage and Trackin The Contractor shall keep the adjoining streets free of tracked and/or spilled materials going to or from the construction area. Hand labor and/or mechanical equipment must be used where necessary to keep these roadways clear of job- related materials. Such work must be completed without any increase in the Contract price. Streets and curb line must be cleaned at the end of the work day or more frequently, if necessary, to prevent material from washing into the storm sewer system. No visible material that could be washed into storm sewer is allowed to remain on the Project site or adjoining streets. A-15 8xcavatioa and Removals The excavated areas behind curbs and adjacent to sidewalks and driveways must be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable of providing a good growth of grass when applied with seed/sod and fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and any other material that detracts from its appearance or hampers the growth of grass. All existing concrete and asphalt within the limits of the Project must be removed unless otherwise noted. All necessary removals including but not limited to pipe, driveways, sidewalks, etc., are to be considered subsidiary to the bid item for "Street Excavation" or "Excavation"; therefore, no direct payment will be made to Contractor. A-16 Disposal/Salvage of Materials Excess excavated material, broken asphalt, concrete, broken culverts and other unwanted material becomes the property of the Contractor and must be removed from the site by the Contractor. The cost of all hauling is considered subsidiary; therefore, no direct payment will be made to Contractor. Al.t items specified for salvage shall be delivered to the Owner as directed. ,.~-Tl~ld-~fiee >>..,m n~,~,,. ~~~& €~.-=„~zhe Ee~t~aete~ ~'~te~e 3s ~e *' ~F A-18 Schedule and Sequence of Construction The Contractor shall submit to the City Engineer a work plan based only on calendar .days. This plan must detail the schedule of work and must be submitted to the City Engineer at least three (3) working days prior to the pre- construction meeting. Section A - SP (Revised 9/18/00) Page 5 of 30 The plan must indicate the schedule of the following work items: 1. Initial Schedule: Submit to the City Engineer three (3) days prior to the Pre-Construction Meeting an initial Construction Progress Schedule for review. 2. Items to Include: Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Identify the first work day of each week. 3. Submittal Dates: Indicate submittal dates required for all submittals. 4. Re-Submission: Revise and resubmit as required by the City Engineer. 5. Periodic Update: Submit Updated Construction Progress Schedule to show actual progress of each stage by percentage against initial Schedule. The Contractor shall schedule his work well in advance of actual operations and shall keep the Airport Engineer and Operations Manager advised of this schedule so that close coordination can be maintained with the director of Aviation and with other contractors. Threshold displacements and closing of portions. of taxiways and aprons will be required for proper execution of the work. Airport Operations requires a minimum of three (3) days notice prior to displacing thresholds or closing any portion of a taxiway or apron. Notice to Airmen (NOTAM'S) will be filed by the Airport Operations Manager or by Public Safety personnel. A-19 Construction Project Layout and Control The drawings may depict but-not necessarily include: lines, slopes, grades, sections, measurements, bench marks, baselines, etc. that are normally required to construct a project of this nature. Major controls and two {2) bench marks required for project layout, will be provided by the City or Consultant Project Engineer. The Contractor shall furnish all lines, slopes and measurements necessary for control of the work. If, during construction, it is necessary to disturb or destroy a control point or bench mark, the Contractor shall provide the City or Consultant Project Engineer 48 hours notice so that alternate control points can be established by the City or Consultant Project Engineer as necessary, at no Cost to the Contractor.. Control points or bench marks damaged as a result of the Contractors negligence will be restored by the City or Consultant Project Engineer at the expense of the Contractor. If, for whatever reason, it is necessary to deviate from proposed line and grade to properly execute the work, the Contractor shall obtain approval of the City or Consultant Project Engineer prior to deviation. If, in the opinion of the City or Consultant Project Engineer, the required deviation would necessitate a revision to the drawings, the Contractor shall provide supporting measurements as .required for the City or Consultant Project Engineer to revise the drawings. assist}nQ the measn~}ng e€ '-~- -- ,.,~, ~~~a ..,,.'^,.- EasQ ~omgl}anee ee~~}€}ea€ien shall he :.aea „a e e,a ~„ m,,. -.a ,,..,,.~. mL. ' .7 n ~- ~' as v e`o`o= Eaixa a°c ~' F`v` ,.+~ ~ z h ~ ~ 1 r } r^~xxv xzxg ~s the m~n~mt~m 9ehedt~le a a ..a-. t-: .. _ e~l_ Section A - SP (Revised 9/18/00) Page 6 of 30 t~ a-.. h.+ ~ 1 i inn F i. a. ......~lr_~ ~ .. ~ a i 'O G'tRVZ u+ ~ w i i av ~~' r~qc Y ~i ~ T l 1 I (' }- l .. a- i .~ a. L. l .i a- F L. ,~L 1 ~ ~- n n n ~~~r~ ~--~3-~e~3 €~A4~~t~3e--cssxa--cvp--o= . A-20 Testing and Certification All tests required under this item must be done by a recognized testing laboratory selected by the City Engineer. The cost of the laboratory testing will be borne by the City. In the event that any test fails, that test must be done over after corrective measures have been taken, and the cost of retesting will be .borne by the Contractor and deducted from the payment to the Contractor. The Contractor must provide all applicable certifications to the City .Engineer. A ~,~-C-~- (Not IIsed) etermined '''' ` ~ "' '' '"" ~''A Gam-~ae~e~ 1'he~za~i•e~ a€-~_~ ~ - A 22 (a) Disadvantaged Business gnterprises (DBF3) Participation Goals 1. INTRODUCTION A. The goal for Disadvantaged Business Enterprise (DBE) participation expressed in percentage terms for the contractor's aggregate bid amount on all construction work performed on this contract is 6.52%. B. These goals are applicable to all the construction work (regardless of federal participation) performed in•the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. Section A - SP (Revised 9/18/00) Page 7 of 30 C. All governmental entities in the State of Texas who receive funds from the U.S. Department of Transportation have, as part of their operating procedures, an economic program designed to increase participation of Disadvantaged Business Enterprises (DBE) in their federally assisted contracts. The authority for this program is 49 Code of Federal Regulations Part 26 (49 CFR Part 26). D. There are six governmental entities* in the State of Texas certifying DBEs capable of performing services and providing products, which can be credited toward the overall annual DBE goal for entities receiving DOT funds. Only those businesses, which perform a commercially useful function, can be counted toward DBE goals.. E.Certification must be obtained through your local certifying entity * in accordance with 49 CFR Part 26 for firms wanting to perform work as a DBE on .federally assisted contracts. DEFINITIONS A. Affiliate - firms are affiliates of each other when, directly or indirectly, a firm or a third party. (or parties) controls or has the power to control both; or there is evidence that a relationship. exists between or among parties that produces an affiliation. In determining whether affiliation exists consideration shall be given to such factors as: common ownership, common management, and contractual relationships. B. Commercially Useful Function - an element of work, under a contract, that is measurable and observable has actually been performed under standards consistent with industry practice for which a monetary sum can be assessed. C. Disadvantaged Business Enterprise (DBE} - a small business concern as defined pursuant to Section 3 of the Small Business Act and implementing regulations, which is owned and controlled by one or more disadvantaged individuals. Owned and controlled means a business, which is at least 51 percent owned by one or more socially and economically disadvantaged individuals. In the case of any publicly owned business, at least 51 percent of the stock must be owned by one or more socially and economically.disadvantaged individuals and whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. D. Personal Net Worth -'the net value of the assets of an individual remaining after total liabilities are deducted. An individual's personal net worth does not include the individual's ownership interest in an applicant or participating DBE first or the individual's equity in his or her primary place of residence. An individual's personal net worth includes only his or her own share of assets, held jointly, or as community property with the individual's spouse. A contingent liability does not reduce an individual's net worth. E.S_ocially and economically disadvantaged individuals - those individuals who are citizens or lawfully admitted permanent residents of the United States and who are as follows: (1) Women (2) Black Americans - includes persons having origins in any Black racial groups of Africa. (3) Hispanic Americans - includes persons of Mexican, Puerto Rican, Cuban,- Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race. Section A - SP (Revised 9/18/00) Page 8 of 30 (4) Native Americans - includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians. {5} Asian-Pacific Americans - includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the .Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marinas Islands, Macao, Fiji, Tonga, Kiribati, Juvalu, Nauru, Federated States of Micronesia, or Hong Kong. (6) Subcontinent Asian Americans - includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal, or Sri Lanka. NOTE: Individuals listed above in 2 through 6 as a member of a particular minority group must be recognized by their respective minority community. (7) Any additional groups whose members are designated as socially and economically disadvantaged by the Small Business Administration. (8) Other individuals as determined by the certifying entity to be economically and socially disadvantaged. ELIGIBILITY STANDARDS To determine a firm's eligibility to participate in the DBE program, the firm's business size, social and economic disadvantage, ownership and control (including independence) will be evaluated. The standards set forth in 49 CFR Part 26 will be used by the certifying entity. The following is a summary of the eligibility standards set forth in 49 CFR Part 26. (1) Disadvantaged status shall be determined on the basis of the individual's claim that he or she is a member of one of the groups mentioned in Section 2. e. (1)-(8) and is so regarded by that particular community. However, the certifying entity is not required to accept this claim if it determines the claim to be invalid. (2) Only independent businesses may be certified as a DBE. An independent business is one whose viability does not depend on its relationship with another firm or firms. The ownership and control by disadvantaged individuals shall be real, substantial, and continuing. It shall go beyond the pro forma ownership of the firm as reflected in its ownership documents. The disadvantaged individuals shall enjoy the customary incidents of ownership and shall share in the risks and profits commensurate with their ownership interests,' as demonstrated by an examination of the substance rather than form of arrangements. Recognition of the business as a separate entity for tax or corporate purposes is not necessarily sufficient for recognition as a DBE. In determining whether a potential DBE is an independent business, the following will be considered: (a) Relationships with non-DBE firms in such areas as personnel, facilities, equipment, financial and/or bonding support, and other resources. (b} Present or recent employer/employee relationships between the disadvantaged owner and non-DBE firms or persons associated with non-DBE firms. Section A - SP (Revised 9%18/00) Page 9 of 30 (c) Relationships with prime contractors. (d) The consistency of relationships between the potential DBE and non-DBE firms with normal industry practices. (3) The disadvantaged individuals shall also possess the power to direct or cause the direction of the management and policies of the firm and to make the day-to-day as well as major decisions on matters of management, policy and operations. The firm shall not be subject to any formal or informal restrictions, which limit the customary discretion of the disadvantaged individual.. There shall be no restrictions in by-law provisions, partnership agreements, or charter requirements for cumulative voting rights or otherwise that prevent the disadvantaged individual, without the cooperation or vote of any non-disadvantaged individual, from making a business decision of the firm. (4) Individuals who are not socially and economically disadvantaged but are involved in a DBE firm as owners, managers, employees, stockholders, officers, and/or directors must not possess or exercise the power to control the firm, or be disproportionately responsible for the operations bf the firm. The disadvantaged owners may delegate areas of management, policy making, or daily operations of the firm, but such delegations must be revocable and the disadvantaged .owners must retain the power to hire and fire persons to whom authority has been delegated. (5) The disadvantaged owners must have an overall understanding of the firm's operations; along with experience, managerial, and technical competence. The disadvantaged owners must have the ability to intelligently and critically evaluate information . presented by other participants in the firm's activities and to use this information to make independent decisions concerning the firm's daily operations, management, and policy-making. Generally, expertise limited to office management, administration, or bookkeeping functions unrelated to the principal business activities of the firm is insufficient to demonstrate control. (6) All securities, which constitute ownership and/or control of a corporation for purposes of establishing it as a DBE, shall be held directly by disadvantaged individuals. No securities held in trust or/by any guardian for a minor shall be considered as held by disadvantaged individuals in determining the ownership or control of a corporation, except when (1) the beneficial owner of securities or assets held in trust is a disadvantaged individual, and the trustee is the same or another such individual, or {2) the beneficial owner of a trust is a disadvantaged individual who rather than the trustee exercises effective control over the management, policy-making, and daily operations of the firm. Assets held in a revocable living trust maybe counted only in the situation where the same disadvantaged individual is the sole grantor, beneficiary, and trustee, (7) The contributions of capital or expertise by the disadvantaged individual to acquire interest in the firm shall be real and substantial. Examples of insufficient contributions include a promise to contribute capital, an unsecured note payable to the firm or its owners who are not socially .and economically disadvantaged, or the mere participation as an employee rather than as a manager. If marital assets are used to acquire ownership the applicant's spouse must irrevocably renounce and transfer all rights in the ownership interest. Section A - SP (Revised 9/18/00) Page 10 of 30 (8) To be determined economically disadvantaged, the personal net worth of the individuals whose ownership and control are relied upon for DBE certification cannot exceed $750,000.00. 4. INSTRUCTIONS A. All businesses and trucking firms seeking to be certified as a DBE must complete the entire affidavit. All questions must be answered and all information requested must be submitted. The applications must be legible, complete, signed, dated, and notarized to be accepted for review. Failure to provide the requested documents with the application will delay processing of your application. B.The certifying entity will evaluate the information contained in the application, along with the facts learned during the on-site review to determine if the business meets the eligibility standards to be certified as a DBE. C. Applicant will be notified of the certifying entity decision by letter. If the firm is certified as a DBE, the business will be added to the. TUCP directory. The directory will show the name of the business, address, telephone number, and categories of work. A business may ask for expanded work capabilities as it acquires experience in new areas. D. When a business is denied initial certification it will receive a letter of explanation from the certifying entity of why it was denied certification. The firm may appeal to the certifying entity, in writing, for a review of their file or directly to the U.S. Department of Transportation (DOT}. To appeal a decision to DOT, the business owner(s) must submit a letter giving the reason(s) he or she believes that the business should be certified. Send the letter directly to the following: DOT Office of Civil Rights U. S. Department of Transportation 400 Seventh Street, SW, Room 2104 Washington, DC 20590 NOTE: The appeal to DOT must be filed no later than 90 days from the postmark date of the certification denial. A business that is denied certification by a certifying entity may not reapply for at least 12 months from the date of the final decision. A business that is decertified may not reapply for certification for at least 12 months from the date of the final decision. A copy of the decertification notice will be forwarded to TUCP database repository. A business that appeals to the U.S. Degartment of Transportation cannot reapply to the certifying entity until a final decision has been rendered on the appeal or 12 months, whichever is longer. E. If you are a Woman, Black American, Hispanic American, Native American, Asian Pacific American, or Subcontinent Asian American, you are presumed to be socially and economically disadvantaged. Other persons knowing of your actual social and economic condition, living standards, success in business, and other factors have the right to challenge your recognition and certification as a DBE. If your status is challenged, you will be given every opportunity to offer a defense. The challenge will be fully investigated, heard, and a final determination made. F. Third party complaints: If any person has reason to believe that a business has been wrongly granted certification as a DBE, they may advise the certifying entity. A thorough investigation will be initiated upon receipt of a signed complaint. A complaint may also be submitted directly to the U.S. DOT. Section A - SP (Revised 9/18/00) Page 11 of 30 Remember the application must be complete, every question answered, and the application must be either typed or printed clearly in ink. All affidavits must be notarized and all requested documents submitted; otherwise, the application will be delayed in its processing. Use additional sheets as necessary and reference the specific item(s) you are addressing. A business must be functional and operating before applying for certification. It must possess the resources to perform the work in which it is requesting to be certified. By submitting this application and the accompanying information the firm is authenticating the veracity and accuracy of the statements made in application. A-22 (b) Minority/Minority Business $nterprise Participation Policy (Revised. 10/98) 1. Policy It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women and Minority Business Enterprises to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives of the Affirmative Action Policy Statement of the City dated October, 1989, and any amendments thereto. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 2. Definitions a. Prime Contractor: Any person, firm, partnership, corporation, association or joint venture as herein provided which has been awarded a City contract, b. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture as herein identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing under contract with a prime contractor on a City contract. c. Minority Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s). Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin,. American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this section, women are also considered as minorities. Minority person{s) must collectively own, operate and/or actively .manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned (a) For a sole proprietorship to be deemed a minority business .enterprise, it must be owned by a minority person. (b) For an enterprise doing business as a partnership, at least 51.0% of the assets or interest in the partnership property must be owned by one or more minority person(s}, (c) For an enterprise doing business as a corporation, at least 51.0% of the assets or interest in the corporate shares must be owned by one or more minority persons}. 2. Controlled The primary power, direct or indirect, to manage a business. enterprise rests with a minority person(s).. Section A - SP (Revised 9/18/00) Page 12 of 30 3. Share in Payments Minority partners, proprietor or stockholders, of the enterprise, as the case may be; must be entitled to receive 51.0% or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. d. Minority: See definition under Minority Business Enterprise. e. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51.0% of whose assets or partnership interests are owned by one or more women, or a corporation at least 51.0% of whose assets or interests in the corporate shares are owned by one or more women. f. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the work to be performed by the joint venture. For example, a joint venture which is to perform 50.0% of the contract work itself and in which a minority joint venture partner has a 50.0% interest, shall be deemed equivalent to having minority participation in 25.0% of the work. Minority members of the joint venture must have either financial, managerial, or technical skills in the work to be performed by the joint venture. 3. 4. Goals a. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor's aggregate work force on all construction work for the Contract award are as follows: Miaority Participation Minority Business Eaterprise (Percent) Participation (Percent} 15~ 15~ b. These goals are applicable to all the construction work (regardless of federal participation} performed in the Contract, including approved change orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's percentage is prohibited. Compliance a. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. b. The Contractor shall make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. Section A - SP (Revised 9/ 18/00) Page 13 of 30 A-23 Inspection Required (Revised 7/5/Oa) The Contractor shall assure the appropriate building inspections by the Building Inspection Division at the various intervals of work for which a permit is required and to assure a final inspection after the building is completed and ready for occupancy. Contractor must obtain the Certificate of Occupancy, when applicable. Section B-6-2 of the General Provisions is hereby amended in that the Contractor must pay all fees and charges levied by the City's Building Inspection Department, and all other City fees, including water/wastewater meter fees and tap fees as required by City. A-24 Surety Boads Paragraph two (2) of Section B-3-4 of the General Provisions is changed to read as follows: "No surety will be accepted by the City from any•Surety Company who is. now in default or delinquent on any bonds or who has an interest in any litigation against the City. All bonds must be issued by an approved Surety Company authorized to do business in the State of Texas. If performance and payment bonds are in an amount in excess of ten percent (10%) of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to the City • Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent (10%) of the Surety Company's capital and surplus with reinsurers) authorized to do business in the State of Texas. The' amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas. The Surety shall designate an agent who is a resident of Nueces County, Texas. Each bond must be executed by the Contractor and the Surety. For contracts in excess of $100,000 the bond must be executed by a Surety company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of $100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued." n~ r ~+.,, _ m- - ~e ,~-~e~ (NOT USED) 5~~~=on $ 6 ~~, I'a3f Ese~atg~ien F~ev}sien, }s deleted ,,-.. .,~.Y,+-., n,~~ ~ i , i ~e-r'emgt~elle~ of Bt~l}e~eee ~ts of ~'e~as i~rt~-the -Fr-e~-ee~t . Secrion A - SP (Revised 9/18/00) Page 14 of 30 A-26 Supplemental Insurance Requirements For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: In the event of cancellation or material change that reduces or restricts the insurance afforded by this coverage part, each insurer covenants to mail prior written notice of cancellation or material change to: 1. Name: City of Corpus Christi Engineering Services Department Attn: Contract Administrator 2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 3. Number of days advance notice: 30 The Contractor shall provide to the City Engineer the signed endorsements, or copies thereof certified by the insurer, within. thirty (30) calendar days after the date the City Engineer requests that the Contractor- sign the Contract documents. Within thirty (30) calendar days after the date the City Engineer requests that the Contractor sign the Contract documents, the Contractor shall provide the City Engineer with a certificate of insurance certifying that the Contractor provides worker's compensation insurance coverage for all employees of the Contractor employed on the Project described in the Contract. For each insurance coverage provided in accordance with Section B-6-11 of the Contract, the Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating that the City is an additional insured under the insurance policy. The City need not be named as additional insured on Worker's Compensation coverage. For contractual liability insurance coverage obtained in accordance with Section B-6-11 (a) of the Contract, the Contractor shall obtain an endorsement to this coverage stating: Contractor agrees to indemnify, save harmless and defend the City, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this Contract. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the City, its agents, servants, or employees or any person indemnified hereunder. Section A - SP (Revised 9/18/00) Page 15 of 30 A-27 Respoasibility for Damage Claims Paragraph (a) General Liability of Section B-6-11 of the General Provisions is amended to include: Contractor must provide builder's risk insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Builder's risk coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such builder's risk insurance coverage, including any deductible. The City. must be named additional insured on any policies providing such insurance coverage. A-28 Considerations for Contract Award and Bxecutioa To allow the City Engineer to determine that the bidder is able to perform its obligations under the proposed contract, then prior to award, the City Engineer may require a bidder to provide documentation concerning: 1. Whether-any liens have been filed against bidder for either failure to pay for services or materials supplied against any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the party holding the lien, the amount of the lien, the basis for the lien claim, and.the date of the release of the lien. If any such lien has not been released, the bidder shall state why the claim has not been paid; and 2. Whether there are any outstanding unpaid claims against bidder for services or materials supplied which relate to any of its projects begun within the preceding two (2) years. The bidder shall specify the name and address of the claimant, the amount of the claim, the basis for the claim, .and an explanation why the claim has not been paid. A bidder may also be required to supply construction references and a financial. statement, prepared no later than ninety (90) days prior to the City Engineer's request, signed and dated by-the bidder's owner, president or other authorized party, specifying all. current assets and liabilities.. A-29 Contractor's Field Administration Staff The Contractor shall employ for this Project, as its field administration staff, superintendents and foremen who are careful and competent and acceptable to the City Engineer. The criteria upon which the City Engineer makes this determination may include -the following: . 1. The superintendent must have at least five (53 years recent experience in field management and oversight of projects of a similar size and complexity to this Project. This experience must include, but not necessarily limited to, scheduling. of manpower and materials, safety, coordination of subcontractors, and familiarity with the submittal process, federal and state wage rate requirements, and City contract close-out procedures. The superintendent shall be present, on the job site, at all times that work is being performed. 2. Foremen, if utilized, shall have at least five (5) years recent experience in similar work and be subordinate to the superintendent. Foremen cannot act as superintendent without prior written approval from the City. Documentation concerning these requirements will be reviewed by the City Engineer. The Contractor's field administration staff, and. any subsequent substitutions or replacements thereto, must be approved by the City Engineer in writing prior to such superintendent assuming responsibilities on the Project. Section A - SP (Revised 9/18%00} Page 16 of 30 Such written approval of field administration staff is a prerequisite to the City gagiaeer's obligation to execute a contract for this Project. If such approval is not obtained, the award may be rescinded. Further, such written approval is also necessary prior to a change in field administration staff during the term of this Contract. If the Contractor fails to obtain prior written approval of the City Engineer concerning any substitutions or replacements in its field administration staff for this Project during the term of the Contract, such a failure constitutes a basis to annul the Contract pursuant to section B-7-13. A_ 30 Amended "Consideration of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" Section B-3-1 Consideration of Contract add the following text: Within five (S) working days following the public opening and reading of the proposals, the three (3) apparent lowest bidders (based on the Base Bid only) must submit to the City Engineer the following information: 1. A list of the major components of the work; 2. A list of the products to be incorporated into the Project; 3. A schedule of values which specifies estimates of the cost for each major component of the work; 4. A schedule of anticipated monthly payments for the Project duration. 5. The names and addresses of MBE firms that will participate in the Contract, along with a description of the work and dollar amount for each firm; and substantiation, either through appropriate certifications by federal agencies or signed affidavits from the MBE firms, that such MBE firms meet the guidelines contained herein. Similar substantiation will be required if the Contractor is an MBE. If the responses do not clearly show that MBE participation will meet the requirements above, the bidder must clearly demonstrate, to the satisfaction of the City Engineer, .that a good faith effort has, in fact, been made to meet said requirements but that meeting such requirements is not reasonably possible. 6. A list of subcontractors that will be working on the Project. This list may contain more than one subcontractor for major components of the work if the Contractor has not completed his evaluation of which subcontractor will perform the work. The City Engineer retains the right to approve all subcontractors that will perform work on the Project. The Contractor shall obtain written approval by the City Engineer of all of its subcontractors prior to beginning work on the Project. If the City Engineer does not approve all proposed subcontractors, it may rescind the Contract award. In the event that a subcontractor previously listed and approved is sought to be substituted for or replaced during the term of the Contract, then the City Engineer retains the right to approve any substitute or replacement subcontractor prior to its participation in the Project. Such approval will not be given if the replacement of the subcontractor will result in an increase in the Contract price. Failure of the Contractor to comply with this provision constitutes a basis upon which to annul the Contract pursuant to Section B-7-13; 7. A preliminary progress schedule indicating relationships between the major components of the work. The final progress schedule must be submitted to the City Engineer at the pre-construction conference; g, Documentation required pursuant to the Special Provisions A-28 and A-29 concerning Considerations for Contract Award and Execution and the Contractor's Field Administration Staff. Section A - SP (Revised 9/18/00) Page 17 of 30 9. Documentation as required by Special Provision A-35-K, if applicable. 10. Within five (5) days following bid opening, submit is letter form, information identifying type of entity and state, i.e., Texas (or other state) Corporation or Partnership, and name(s) and Title(s) of individual(s) authorized to execute contracts on behalf of said entity. lI. Documentation showing proof of Disadvantaged Business Enterprise (DBE) requirement compliance. A-31 Amended Policy oa $xtra Work and Change Orders Under "General Provisions and Requirements for Municipal Construction Contracts" B-8-5 Policy on Extra Work and Change Orders the present text is deleted and replaced with the following: Contractor acknowledges that the City has no obligation to pay for any extra work for which a change order has not been signed by the Director of Engineering Services or his designee.. The Contractor also acknowledges that. the City Engineer may authorize change orders which do not exceed $25,000.00. The Contractor acknowledges that any change orders in an amount in excess of $25,000.00 must also be approved by the City Council. A-32 Amended "8xecutioa of Contract" Requirements Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5 Execution of Contract add the following: The award of the Contract may be rescinded at any time prior to the date the City Engineer delivers a contract to the Contractor which bears the signatures of the City Manager, City Secretary, and City Attorney, or their authorized designees. Contractor has no cause of action of any kind, including for breach of contract, against the City, nor is the City obligated to perform under the Contract, until the date the City Engineer delivers the signed Contracts to the Contractor. A-33 Conditions of Work Each bidder must familiarize himself fully with the conditions relating to the completion of the Project. Failure to do so will not excuse a bidder of his obligation to carry out the provisions of this Contract. Contractor is reminded to attend the Pre-Bid Meeting referred to in Special Provision A-1. A-34 Precedence of Contract Documents In case of conflict in the Contract documents, first precedence will be given to addenda issued during the bidding phase of the Project, second precedence will be given to the Special Provisions, third precedence will be given to the construction plans, fourth precedence will be given .to the Standard Specifications and the General Provisions will be given last precedence. In the event of a conflict between any of the Standard Specifications with any other referenced specifications, such as the Texas Department of Public Transportation Standard Specifications for Highways, Streets and Bridges, ASTM specifications, etc., the precedence -will be given to addenda, Special Provisions and Supplemental Special Provisions (if applicable), construction plans, referenced specifications, Standard Specifications, and General Provisions, in that order. n 35 Bit, Wa~e~ °- ":''4,. e"° ~, °~- "`" (Not Used) , Section A - SP (Revised 9/18/00) Page 18 of 30 r ~ r Section A - SP (Revised 9/18/00) Page 19 of 30 ~~e ~e~g=~~e~ ee~s~~'tte~}eat area ~e~~:~~e~ },^° ^>, `'.."~:^~° l , / I / / / ~ ~ ~ ~ / t}~ ~~ } / ~s -e~- ~ae~~ / e~at~e~ e -}e / t-a~~ E'a6~eEE1 8 33~, e t ~ ' ~a ~~, ea ~gg ee €~ g; ~€}e~ g ~ a~ ~ec ~ : ~~e~ ~~ }'-°~~ , e~ =a=a,ra~e a~ : F-0 ..}. =r =-----------~ - ~~aa~e s$ se ~ ~ ~ t~~- -F~~~-ee l ..- ~~e ^F,., ,.. e~s-pe 5 Fie e~tp ~see ~>- s , } ~ }€~ erg ~m~~e~es€ P sge ~ e e --}^F ~~~ t € , F,~'( •t Tf~ f+('itt'1 llYlA f~ f1fLYHl(1A O Sic tea}~~a}mss a-ge~~aa l en~ , t ~ePa}~, eat}~ ~__ € ~a€e, .~ = = ,a __ },.,. ..r v~~e~ t s } ..},. ..fie : F, „ ~e~e }s €~e , a >^~ -~ e~--ewe a>; ~:~ ~ F } } eq ~~ s .. }L... pme~ ~ ~ n}, ~., p v}....,,} T.TL.., } L.: .~.} . F., .. }. € } t i te~re --~ ~7 -£ €~ ~s-;:a~e~ ~~eatn te~t~i; e~t ems-pew 8 ~~ fi''~~~~~~ ~ ' g } 3 }ee a a r ~aa~t ~ ~~- r e ~a~}~Q s~a~}e~ ee~ ~t~ee ~, , F: ; , ~~ae~e~ e~ ..>^, ~a~_ „t . ~}v,,,,}„v >,, ,.,.,_.. ~ae e~ ~e 8e~ £ - ~ s a ~~e j ~s as: e3Ean-g~e ~eq~}yes ~e ~ a~~ e~a~ges tn =~~t =~ a=: e ~eq~~~e~ shee e€ ~~e e F: , , ea a~e ~tt~ seatn~~e ts ~~e ~ ~. ~a .. ~ ,.,R , r...., J.. ~,~ __ ~~- ~~Q €~e~~egr~actxt aid }s met }~te ~e~~~aete~ < ,^, ,...,_ .,n: „ .. ~,.,, ,,: } ,,,, Y ~' t~~g-ease ~'~e ~~e~ to s#iecv-a >n }w„ ,.: }.. ; };. -a~ttae~e~ ~~-o~~~e Section A - SP (Revised 9/18/00) Page 20 of 30 A-36 Other Submittals 1. Sho Drawing Submittal: The Contractor shall follow the procedure outlined below when processing Shop Drawing submittals: a. Quantity: Contractor shall submit number required by the City to the City Engineer or his designated representative. shall-ate s~}t ene-T~` r ~9-- c. Submittal Transmittal Forms: Contractor shall use the Submittal Transmittal Form attached at the end of this Section; and sequentially number each transmittal form. Resubmittals must have the original submittal number with an alphabetic suffix. Contractor must identify the Contractor, the Subcontractor or supplier; pertinent Drawing sheet and detail numbers?, and specification Section number, as appropriate, on each submittal form. d. Contractor's Stamp: Contractor must apply Contractor's stamp, appropriately signed or initialed, which certifies that review, verification of Products required, field dimensions, adjacent construction work, and coordination of information, is all in accordance with the requirements of the Project and Contract documents. e. Scheduling: Contractor must schedule the submittals to expedite the Project, and deliver to the City Engineer for approval, and coordinate the submission of related items. f. Marking: Contractor must mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. g. Variations: Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be detrimental to successful performance of the completed work. h. Space Requirements: Contractor must provide adequate space for Contractor and Engineer review stamps on all submittal forms. I Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. j. Distribution: Contractor must distribute copies of reviewed submittals -- to subcontractors and suppliers and instruct subcontractors and suppliers to promptly report, thru Contractor, any inability to comply with provisions. 2. Samples: The Contractor must submit samples of finishes from the full range of manufacturers'. standard colors, textures, and patterns for City Engineer's selection. 3. Test and Repair Report When specified in the Technical Specifications Section, Contractor must Section A - SP (Revised 9/18!00} Page 21 of 30 submit three (3) copies of all shop test data, and repair report, and all on-site test data within the specified time to the City Engineer for approval. Otherwise, the related equipment will not be approved for use on the project. , A-37 Amended "Arrangement and Charge for Water Furnished by the City" Under "General Provisions and Requirements for Municipal Construction Contracts", 8-6-15 Arrangement and Charge for Water Furnished by the City, add the following: "The Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan"). This includes implementing water conservation measures established for changing conditions. The City Engineer will provide a copy of .the Plan to Contractor at the pre-construction meeting. The Contractor will keep a copy. of the Plan on the Project site throughout construction." A-38 Worker's ComAeasatioa Coverage for Building or__Construction Projects for Government Entities The requirements of "Notice to Contractors 'B "' are incorporated by reference. in this Special Provision.. A-39 Certificate of Occupancy and Final Acceptance The issuance of a certificate of occupancy for improvements does not constitute final acceptance of the improvements under General Provision B-8-9. A-40 Amendment to Section B-8-6: Partial Estimates General Provisions and Requirements for Municipal Construction Contracts Section B-8-6: Partial Estimates is amended to provide that approximate estimates from which partial payments will be calculated will~not include the net invoice value of acceptable,- non-perishable materials delivered to the Project worksite unless . the Contractor provides the- City Engineer with documents, satisfactory to the City Engineer, that show that the material supplier has been paid for the materials delivered to the Project worksite. A~~ .,_,..,., aa..:.._ (Not IIsed) A-42 OSHA Rules & Regulations It is the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations ,while performing any and all City-related projects and or jobs. A-43 Amended Indemnification &-Hold Harmless Under "General Provisions and Requirements for Municipal Construction Contracts" B-6-21 Indemnification & Hold. Harmless, text is deleted in its entirety and the following is substituted in lieu thereof: The Contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury or liability whatsoever from an act or omission of the contractor, or any subcontractor, supplier, materialman, or their officials, employees, agents, or consultants, or any work done under the contract or in connection therewith by the contractor, or any subcontractor, supplier, materialman, or their Section A - SP (Revised 9/18/00) Page 22 of 30 officials, employees, agents, or consultants. The contractor shall hold the City, its officials, employees, attorneys, and agents harmless and shall indemnify the City, its officials, employees, attorneys, and agents from any and all damages, injury, or liability whatsoever from a negligent act or omission of the city, its officials, employees, attorneys, and agents that directly or indirectly causes injury to an employee of the contractor, or any subcontractor, supplier or materialman. A-44 Change Orders Should a change order(s) be required by the engineer, Contractor shall furnish the engineer a complete breakdown as to all prices charged for work of the change order (unit prices, hourly rates, sub-contractor's costs and breakdowns, cost of materials and equipment, wage rates, etc.). This breakdown information shall be submitted by contractor as a basis for the price of the change order. A-45 As-Built Dimensions and Drawings (7/5/00) (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. (b} .Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as- built dimensions and locations of all work constructed. As a minimum, the final drawings shall include the following: (1) xorizontal and vertical dimensions due to substitutions/field changes. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4} Deletions, additions, and changes to scope of work. (5) Any other changes made. r~. .. .., ..o ti 7 n , __a. a acc~e~' ,.~~nl-(Not Used) , , , , r ~3--4~-~~e-FED ., ., . , :. (Not Used) , ' - .. - - Section A - SP (Revised 9/18/00) Page 23 of 30 of t-~e-P}Feline sh~ld-Ae-ee~~aeted ~a, ^~^^~.,*~ ~.= b~ ...adc. ^cvaccaccv~oi css~ci~'€6~R! $6 e6$vcr~2G~t6$ W6~'~E e$ ~.~e~li~'6~ee~-~c~~-~~~ zcpvi ccd to the $$gi8eer' a$d ~atil Ee$t~aete~ _.•.....:..,.,.-' ~ __ ,, _c ~ -rrr ~~ . .r ~~ -. A-48 Overhead $lectrical Wires (7/5/00) Contractor shall comply with all OSIiA safety requirements with regard to proximity of construction equipment beneath overhead electrical wires. There are many overhead wires crossing the construction route and along the construction route. Contractor shall use all due diligence, precautions, etc., to ensure that adequate safety is provided for all of his employees and operators of equipment and with regard to ensuring that no damage to existing overhead electrical wires or facilities occurs. Contractor shall coordinate his work with AEP/CP&L and inform AEP/CP&L of his construction schedule with regard to said overhead lines. Some overhead lines are shown in the construction plans, while others are not. It shall be the Contractor's sole responsibility to provide for adequate safety with regard to overhead lines whether shown in the plans or. not. A-49 Amended "Maintenance Guaranty" (8/24/00) Under "General Provisions and Requirements for Municipal Construction Contracts", B-6-11 Maintenance Guaranty, add the following: "The Contractor's guarantee is a separate, additional remedy available to benefit the City of Corpus Christi. Neither the guarantee nor expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available. to the City of Corpus Christi for any claims or causes of action against the Contractor or any other individual or entity." A-50 Amended "Prosecution and Progress" Under "General Provisions and Requirement for Municipal Construction Contracts", B-7 Prosecution and Progress, add the following: "Funds are appropriated by the City, on a yearly basis. If funds, for any reason, are not appropriated in any given year, the City may direct suspension or termination of the contract. If the Contractor is terminated or suspended and the City requests remobilization at a later. date, the Contractor may request payment for demobilization/remobilization costs. Such costs shall be addressed through a change order to the contract." A-51 Dewateriag The Contractor shall make all reasonable efforts to eliminate ponding of water from the jobsite regardless of its source. Within two (2} normal working hours Section A - SP (Revised 9/18/00) Page 24 of 30 of ponding occurring, the Contractor will begin dewatering procedures. All ,ponding of a depth greater than 1/ inch will be eliminated prior to the start of the following workday after the source of the water has been terminated. Any day • in which dewatering does not occur will not be considered a rain day. A-52 Rain Delays The Contractor shall anticipate the following number of work days lost due to rain in determining the contract schedule. A rain day is defined as any day in which the amount of rain measured by the National Weather Service at the Corpus Christi International Airport is 0.10 inch or greater. No extension of time will be considered until the expected number of rain days has been exceeded and the City Engineer has agreed that the status of construction was such that there was an impact detrimental to the construction schedule. January 3 Days May 4 Days Sep ember 4 Days February 3 Days June 4 Days October 4 Days March 2 Days July 3 Days November 4 Days April 3 Days August 4 Days December 4 Days ~-~g ~~1P-SS FTe~iee a€~-ecea~-S~~f~ta} (Not TJsed) ~a--~€a~ae€e~ ~e~ea~Fee~~~e €e~ F. , s ..~~ • F ~~€e$€ sir=€A €Ae--~e3cas a ~~ n,. - ~~ ^-~- (Not IIsed) - ' ~.~.t~-€e~ the ~ ~ ~. • F ~~,., «. ~ ~ w • ~a ~~~~ s A-55 Project Record Documents "` The Contractor shall maintain one set of drawings and specifications on which he shall neatly keep a record of all changes as the job progresses. A separate set of Contract documents, for this purpose only, shall be kept at the job site at all times. These documents shall be kept up-to-date and reviewed and approved by the City Engineer prior to approval of monthly progress payments. The final set of Red line mark-up drawings shall be signed and dated by the Contractor, and shall be delivered to the City Engineer, prior to approval of final payment. (see SP A-45). - A-56 Errors and Omissions `= The Contractor shall carefully check the drawings and specifications, and report to the Consulting Engineer any errors or omissions discovered, whereupon full instruction will be furnished promptly by the Consulting Engineer. A-57 Definition of ffigiaeer Under "General Provisions and Requirements for Municipal Construction Contracts," B-1-1 Definition of Terms, change the definition of the term "Engineer" to read °- as follows: "Engineer: The City's Director of Engineering Services .or authorized designee Section A - SP (Revised 9/18/00) Page 25 of 30 (City Engineer). A-58 Trench Safety The Contractor shall fully and strictly comply with all requirements of the Occupational Safety and Health Administration (OSHA) Manual, Chapter XVII, Subpart P-EXCAVATION, TRENCHING AND SHORING for all trenching and excavation operations. If depths of trenches are encountered which are over five (5) feet, the Contractor shall cut the trench walls to the angle of repose of the soils encountered or submit shoring details to the City Engineer for approval. If the Contractor's proposed construction methods require the excavation of any access pits, trenches, or other below ground operations, such work shall be in compliance with all federal, state and local requirements for trench excavation and safety. All costs associated with meeting these requirements shall be included in the amount bid for the item "Trench Safety" as shown in the proposal form. A-59 Airport Safety and Security A-59.1 General Airport safety and security is a vital part of the Contractor's responsibilities during the course of this project. Airport safety and security, nationwide, has come under close scrutiny in the last few years. The following safety .and security guidelines and the rules and regulations. of the Corpus Christi International Airport and the Federal Aviation Administration (FAA) shall be followed by the Contractor and the .Contractor's employees, subcontractors, suppliers and representatives at all times during the execution of this project. The Contractor shall be directly responsible for any and all fines or penalties levied against the Airport as a result of any breach of security and safety caused by the Contractor or the Contractor's employees, subcontractors, suppliers or representatives. A-59.2 Airport Operations Area (AOA) The Airport Operations Area (AOA) shall be defined as any portion of the Airport property normally secured against unauthorized entry. The AoA includes all-areas specifically reserved for the operations of aircraft- and aircraft support equipment and personnel. Generally, the AOA is defined by the Airport's outer security fencing and other security. measures at the Airport`s terminal building. A-59.3 Airport Safety Requirements and Restrictions The operations of all equipment, mobile or stationary, required for the construction of this project, including, but not restricted to construction equipment, delivered material, visitors, sales representatives, etc., shall be governed by the following regulations .while operating within the landing areas or apron area at Corpus Christi International Airport. The term landing areas is defined as all runways and taxiways, plus 250 feet on either side of runways. and 175 feet on either side of taxiways and a distance of 500 feet at the ends of all runways, and also include the apron area. 1. The Contractor shall submit plans to the Airport Operations Manager on how to comply with the safety plan included in the Appendix of this document. These plans must be approved by the Airport Operations Manager prior to issuance of a Notice to Proceed. This safety plan was developed in accordance with Advisory Circular No. 150/5370-2E, "Operational Safety on Airports During Construction". 2. The Contractor shall be required to equip vehicles used by the superintendent and/or foreman on the project with a radio receiver/transmitter(s) for maintaining direct communication with the FAA Air Traffic Control Tower (ATCT) at Corpus Christi International Airport. Communication will be required at a Section A - SP (Revised 9/18/00} Page 26 of 30 frequency of 121.9 MHz. Ground control radio contact shall be required when construction operations are in the vicinity of, or when crossing any active runway, or apron, or as directed by the Operations Manager. The Contractor shall have an adequate number of radios to maintain communication in all areas of work. The Contractor and all personnel that will be working within the AOA shall complete the City's training course on communications, safety, etc. The Contractor shall assign a minimum of two people to assist in traffic coordination during construction work within the AOA. All vehicles on active taxiways and aprons must be escorted by badged Contractor personnel with Contractor radio and ATCT ground control radio. Contractor shall be required to provide the cellular telephone number .to the City Engineer, Airport Operations Manager and Airport Engineer. 3. The Contractor shall perform all threshold relocations, miscellaneous pavement marking and barricading• in accordance with the attached FAA Advisory . Circulars and Orders. 4. Work areas within the landing area, which are hazardous to aircraft, shall be outlined by yellow flags during the day and by battery-operated flasher-type red lights at night, except no flashers shall be placed which might cause confusion between the runway lights and the flasher placement. Flags and battery-operated red lights shall be maintained on .all self-propelled equipment at all times during construction. Any equipment not complying with these specifications will be subject to removal from the job. 5. All Contractor's equipment and vehicles working in the landing areas and/or restricted area whether night or day, shall be marked with "international orange and white checkered flags" or orange or flashing safety beacons. The Contractor will be required to keep a stock of flags on hand for issuance to vehicle operators. Equipment shall not remain unattended at any time .during construction. Any equipment not complying with these specifications will be subject to removal from the job. 6. All vehicles, equipment, materials, etc., not actually being used for construction purposes, will be restricted from the landing areas and shall be placed or parked in areas designated by Airport personnel. 7. Material deliveries will be strictly controlled. No deliveries shall be made without prior instruction by the Contractor's representative. 8. No equipment will be operated nor will be permitted to cross-existing paved areas unless the equipment is pneumatic-tired, or until special means approved by the City have been provided to protect the pavement. 9. The Contractor shall provide barricades to restrict access from taxiways to the construction area. The barricade signs shall each be equipped with two flashing lights and shall be securely fastened to the pavement. 10. Any employee of the Contractor not considered by the City to be in suitable physical condition for the performance of this work will be promptly removed from Corpus Christi International Airport by the Aviation Department of Public Safety and will not be allowed to work on the project again. 11. Open trenches, excavation and stockpiled material will normally not be permitted within 250 of the centerline of active runways at air carrier airports and for runways having precision instrument approach. Any open trenches within the 250-foot limit shall be covered with steel plates capable of carrying air carrier traffic. The location of any stockpile material shall~be coordinated with and approved by Airport Operations. 12. Flare pots will not be permitted for temporary lighting of pavement areas or to denote construction limits. 13. Construction equipment shall not exceed a height of 150 feet above the airport surface. Any equipment exceeding a height of 75 feet shall be Section A - SP (Revised 9/18/00) Page 27 of 30 observation-marked and lighted at night, and when not in use, lowered to its stowed height. No separate payment shall be made for the work included in the cost of the various contract items. The City will furnish a Safety Representative to insure that the Contractor's personnel and those operating the Contractor's vehicles, including those delivering materials,. are at all times conforming to the requirements of these specifications. Refer to the attached FAA Advisory Circular 150/5370-2E and FAA Order SW $200.58 for further information on Airport safety. A-59.4 Airport Security Requirements Contractors involved in construction as described in these specifications and plans will be required to follow the procedures listed below for security clearance during construction. 1. Apre-construction conference will be required with the Operations Manager, the Project Manager, the Engineer, and all Contractors involved. This meeting will be scheduled following the award of contract. 2. Contractors will be required to provide the following information to the Operations Manager. This information is required for a security clearance cheek only. 1. List employees who, at one time or another, will be working on the job site. 2. Texas Driver's License numbers .of those same employees, elate of birth and race. 3. List of vehicles and their respective license plates, which may be used on the job site. The security precautions are an FAA requirement to the operation of the Airport. Any conflicts and/or problems in the area of security' should be relayed by the Contractor to the Operations Manager. All efforts will be made by the airport staff to permit construction and security work in harmony. Samples of .forms for security badges, background checks, letters of authorization, etc. are included for your familiarity. They follow FAA Advisory Circulars on Airport Safety., The Airport reserves the right to limit the number of badges issued to Contractor personnel. See "Attachment 2" following this section, which will take precedent over other special provisions in event of conflict, for additional requirements: ~ Federally Required Language • CCIA Background Verification Forms • FAA Advisory Circular 150/5370-2E Operational Safety on Airports During Construction. Corpus Christi International. Airport Visitor/Contractor Oa-Site Permit information is also included in the Appeadix: A-6Q COMPIITSR G$NERATBD PROPOSALS The following paragraph modifies Paragraph 8-2-7-Preparation of Proposal, of the General Provisions: "The bidder has the option of submitting a computer-generated print.-out, in lieu of, the Proposal Form (Pages 1 through 6} INCLUSIVE. The print-out will list all bid items (including any additive or deductive alternates) contained on Proposal Sheet (page 3}. The print-out will be substantially in the form attached (see Attachment No. 1). If the Contractor chooses to submit a print-out, the print-out shall be accompanied by properly completed proposal pages 1 through 2, inclusive; and 4-6, inclusive." In addition, the. print-out .will contain the following statement and Section A - SP (Revised 9/t 8/00) Page 28 of 30 signature, after the last bid item: ~~ (Contractor) herewith certifies that the unit prices shown __ on this print-out for bid items (including any additive or deductive alternates) contained in this proposal are the unit prices intended and that its bid will be tabulated using these unit prices and no other information from this print-out. '~ (Contractor) acknowledges and agrees that the Total Bid Amount shown will be read as its Total Bid and further agrees that the official Total Bid. amount will be determined by multiplying the unit bid price (Column IV) shown in this print-out by the respective estimated -- quantities shown in the Proposal (Column II) and then totaling the extended amounts." (Signature) (Title) (Date) Section A - SP (Revised 9/18100) Page 29 of 30 SUBMITTAL TRANSMITTAL FORM PROJECT: CORPUS CHRISTI INTERNATIONAL AIRPORT - AIRPORT RESCUE AND FIRE FIGHTING FACILITY (ARFF) IMPROVEMENTS, PROJECT NO. 10025 OWNER: CITY OF CORPUS CHRISTI ENGINEER: PGAL CONTRACTOR: SUBMITTAL DATE: SUBMITTAL NUMBER: APPLICABLE SPECIFICATION OR DRAWING SUBMITTAL Section A - SP (Revised 9/18/00) Page 30 of 30 SPECIAL PROVISIONS ATTACHMENT 1 SAMPLE COMPUTER PRINTOUT .,~IrF COMPL-TERPRINT-OU'f I II III IV Y Bid Ilan Qty. Units Item Deaaiptioa Unit Pricc iA Hid Tian Ext. F . X IInit Priae A I 37,475 SY Straet Bxcavstion ~-~ ~•~ A2 5.033 SY 6" Ceaxai STBL Salvage Base ~•~ ~ ~ Etc. Eta. Etc. D2l 33 EA Manhole lnaats ~•~ ~•~ Sub-Total Base Bid °D" Itans (itcsw Dl D21) ____ Sub-Tote! Base Bid "A" Itaas• S Sub-Total Bssb Hid'B" Itoms• S Sab-Total Bast Hid "C" Itcros: ~,,, Sub-Total Base Bid "D" Iteus~ ~ Total Base Bid Itcros: S SECTION A-SP ATTACHMENT 1 PAGE 1 OF '{ FEDERALLY REQUIRED LANGUAGE FEDERALLY REQUIRED LANGUAGE A. Civil Rights -Title VI Clause B. Equal Employment Opportunity Clause C. Standard Federal Equal Opportunity Construction Contract Specifications (Executive Order 11246, as amended) D. Non-Discrimination Provision E. Certification of Non-Segregated Facilities F. Disadvantaged Business Enterprises Clauses G. State Energy Conservation Plan H. Environmental Compliance I. Record Availability . J. Reporting K. Rights to Inventions L. Copyrights and Rights in Data M. Debarment and Suspension N. Remedies O. Temnination of Contract P. Foreign Trade Restrictions Q. Exclusionary Specifications Provision R. Cargo Preference Requirements S. Buy America Certification ' T. Additional Language: Alteration of Work and Quantities U. Davis-Bacon Required Provisions V. Contract Work Hours and Safety Standards Provision W. Veteran's Preference Provision A. CNIL RIGHTS -TITLE VI CLAUSE During the performance of this contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. Compliance with Regulations. The Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportatwn (hereinafter, "DOT') Tdle 49, Code of Federal Regulatrons, Part 21, as they may be amended from time to time {hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract 2. Nondiscrimination. The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selecfion and retention of subcontractors, including the 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. 3. Solicitations for Subcontracts, Including. Procurements of Materials and Equipment. In a!I solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of Corpus Christi 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 City of Corpus Christi or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the City of Corpus Christi shalt impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor - complies, and/or - b. Cancellation, termination, or suspension of the contract, in whole or in part 6. Incorporation of Provisions. The Contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the City of Corpus Christi or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the City of Corpus Christi to enter into such litigation to protect the interests of the City of Corpus Christi and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. B. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shag indude, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without - regard to race, cobr, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract ~ understanding, a notice to be provided advising the said labor union or workers' representatives of the contractors commitments under this section, and shall post cop'~es of the notice in conspicuous places available to employees and appl'~cants for employment (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will fumish all informafron and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and wilt permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executroe Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontractor 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, 1.965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractof 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. C. STANDARD FEDERAL EQUAL OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTNE ORDER 11246, AS AMENDED) 1. As used in these specifications: a_ 'Covered area" means the geographical area described in the solicitation from which this contract resulted; , b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. 'Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Retum, U.S. Treasury Department Form 941; d. 'Minority' includes: (1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto R'~can, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacfic Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan natwe (alt persons having .origins irkaay of the original peoples of North America and maintaining identifiable tribal affiliations through membership and ` participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shatl physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female _ participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligatwns on all work in the Plan area (inGuding goals and timetables) shall be in aoc;ordance with that Plan for those trades which have unions participating in the Plan. Contractors must also 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 compty with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees_ The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractors or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 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. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally-assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed_ Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office of from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its .goals in each craft during the period specified. 5. Neither the. provisions of any collective bargaining agreement,nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6. In order for the 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. 7. -The contractor shall take specific affirmative actions to ensure Equal Employment Opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work -The contractor, where possible, will assign two or more women to each construction project The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral. from a union, a recruitment source. or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral anc~ was not referred back to the contractor by the union or, if referred, not empoyed by the contractor, this shall be documented in the file with the reason therefor along with whatever additional actions the contractor may have taken. d. Provide immediate written notification tb the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or 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. e. Develop on-the~ob training opportunities and/or participate in training programs for the area which expressly include minrorities and women. including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f_ Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year, and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually,. the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such 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. h. Disseminate the contractor's EEO policy externally be including it in any advertising in the news media, spec~calty including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts ftom minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations- , p. Conduct a review, at least annuatty, of afl supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obGgatrons under 7a 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 workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation'~vhich demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established- The contractor, however, is required to provide Equal Employment Opportunity and to take affirmative action for all minority groups, botfi male and female, and all women, both minority and nonminority. 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 goats for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Program. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 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 60-0.8. 14. The contractor shalt 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 Govemment, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identfication number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of kx;al or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). D. NON-DISCRIMINATION PROVISION The contractor/tenant/concessionaire/lessee assures that it will comply with pertinent statutes, Exec~~tive Orders. and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This Provision obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases, the Provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the City of Corpus Christi 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 City of Corpus Christi or any transferee retains ownership or possession of the property. In the case of contractors, this Provision binds the contractors from the bid solicitation period though the completion of the contract. E. CERTIFICATION OF NONSEGREGATED FACILITIES The federally-assisted construction contractor certifies 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 certifies that he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that. he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally-assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term °segregated facilities° means any waiting :rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing _' facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally assisted construction contractor agrees that (except where 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 subcontfacts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that he will. retain such certifications in his files. Contractor: Signature: Printed Name: Title: Date: F. DISADVANTAGED BUSINESS ENTERPRISES CLAUSES 1. Contract Assurance 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 OOT. 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. 2. Prompt Payment The Contractor agrees to .pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty days from the receipt of each payment the Contractor receives from the City of Corpus Christi. The Contractor agrees further to return retainage payments to each subcontractor within (specify number) days after the subcontractor's work is satisfactorily completed. An delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Corpus Christi. This Gause applies to both DBE and non-DBE subcontractors. 3. Good Faith Efforts The requirements of 49 CFR Part 26, Regulations of the. U.S. Department of Transportation, apply to this contract It is the poCrcy of the City of Corpus Christi to practice nondiscrimination based on race. color, sex, or national origin in the award or performance of this contract All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of'this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, including those who qualify as a DBE. A DBE contract goal of 5.38 percent has been established for this contract The bidder/offeror shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26 (Attachment 1), to meet the contract goal for DBE participation in the performance of this contract. The bidder/offeror will be required to submit the following information: (1) the names and addresses of DBE firms that will participate in the contract; (2) a descripfron of the work that each DBE firm wiA perform; (3) the dollar amount of the participation of each DBE firm participating; (4) Written documentation of the bidder/offeror's commitment to uses a DBE subcontractor whose participation it submits to meet the contract goal; (5) Written confirmation from the DBE that it is participating in the contract as provided in the commitment made under (4); and; (6) if the contract goal is not naet, evide~ce-of good faith efforts. The obligation of the bidder/offeror is to make good faith efforts. The bidder/offeror can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. Examples of good faith efforts are found in Appendix A to Part 26 (Attachment 1 herein). DBE participation in this contract may be in the form of a prime contract, subcontract, joint venture, or another arrangement that qualifies under 49 CFR Sections 26.55, "How is DBE participation counted toward goals?" or 26.53 (g), both of which are included as Attachment 2. 4. Non-Discrimination Corpus Christi International Airport will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, Corpus Christi International Airport will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the program with respect to individuals of a particular race, color, sex, or national origin. ATTACHMENT 1 TO DISADVANTAGED BUSINESS ENTERPRISE CLAUSES APPENDIX A TO PART 26-GUIDANCE CONCERNING GOOD FAITH EFFORTS I. When, as a recipient, you establish a contract goal on aDOT-assisted contract, a bidder must, in order to be responsible andJor responsive, make good faith efforts to meet the goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by OBE firms sufficient for this purpose. Second, even if it doesn't meet the goal, the bidder can document adequate good faith efforts. This means that the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal or other requirement of this part which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if they were not fully successful. I1. In any situation in which you have established a contract goal, part 26 requires you to use the good faith efforts mechanism of this part. As a recipient, it is up tra you. to make a fair and reasonable judgment whether a bidder that did not meet the goal made adequate good faith efforts. It is important for you to consider the quality, quantity, and intensity of the different kinds of efforts that the bidder has made. The efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain DBE participation sufficient:to meet the DBE contract goal. Mere pro forma efforts are not good faith efforts to meet the DBE contract . requirements. We emphasize, however, that your determination concerning the sufficiency of the firm's good faith efforts is a judgment call: meeting quantitative formulas is not required. III. The Department also strongly cautions you against requiring that a bidder meet a contract goal (i.e., obtain a specified amount of DBE participation) in order to be awarded a contract, even though the bidder makes an adequate good faith efforts showing. This rule specifically prohibits you from ignoring bona fide good faith efforts. IV. The following is a list of types of actions which you should consider as part of the bidder's good faith efforts to obtain OBE participation. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. A. Soliciting through all reasonable and available means (e.g. attendance at pre-bid meetings, advertising and/or written notices) the interest of all certified DBEs who have the capability to perform the work of the contract The bidder must solicit this interest within sufficient time to allow the DBEs to respond to the solicitation. The bidder must determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations. B. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate,. breaking out contract work items into economically feasible units to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces. C. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation. D. (1) Negotiating in good faith with interested DBEs_ It is the bidders responsibility to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of _ DBEs that were considered; a description of the infom~ation provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work (2) A bidder using good business judgment woukf consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well as... contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a bidders failure to meet the contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. Prime contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. E. Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of bids in the contractor's efforts to meet the project goal. F. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor. G. Making efforts to assist interested.DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. . H. Effectively using the services of available minority/women community organizations; minority/women contractors' groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs. V. In determining whether a bidder has made good faith efforts, you may take into account the performance of other bidders in meeting the contract. For example, when the apparent successful bidder fails to meet the contract goal, but others meet it, you may reasonably raise the question of whether, with additional reasonable efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the average DBE participation obtained by other bidders, you may view this, in conjunction with other factors, as evidence of the apparent successful bidder having made good faith efforts. ATTACHMENT 2 TO DISADVANTAGED BUSINESS ENTERPRISE LANGUAGE § 26.53 What are the good faith efforts procedures recipients follow in situations where there are contract goals? (a) When you have established a DBE contract goal, you must award the contract only to a bidder/offeror who makes good faith efforts to meet it. You must determine that abidder/offeror has made good faith efforts if the bidder/offeror does either of the following things: (1) Documents that it has obtained enough DBE participation to meet the goal; or (2) Documents that it made adequate good faith efforts to meet the goal, even though it did not succeed in obtaining enough DBE participation to do so. If the bidder/offeror does document adequate good faith efforts, you must not deny award of the contract on the basis that the bidder/offeror failed to meet the goal. See Appendix A of this part for guidance in determining the adequacy of a bidder/offeror's good faith efforts. ' (b) In your solicitations for DOT-assisted contracts for which a contract goal has been established, you must require the following: (1) Award of the contract will be conditioned on meeting the requirements of this section; (2) All bidders/offerors will be required to submit the following information to the recipient, at the time provided in paragraph (b)(3) of this section: (i) The names and addresses of DBE firms that will participate in the contract; (ii) A description of the work that each DBE wilt perform; (iii) The dollar amount of the participation of each DBE firm participating; (iv) Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet a contract goat; (v) Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and . (vi) If the contract goal is not met, evidence of good faith efforts (see Appendix A of this part); and (3) At your discretion, the bidder/offeror must present the information required by paragraph (b)(2) of this section- (i) Under sealed bid procedures, as a matter of responsiveness, or with initial proposals, under contract negotiation procedures; or (ii) At any time before you commit yourself to the performance of the contract by the bidder/offeror, as a matter of responsibility. (c) You must make sure all information is complete and accurate and adequately documents the bidder/offeror's good faith efforts before committing yourself to the performance of the contract by the bidder/offeror. (d) If you determine that the apparent successful bidder/offeror has failed to meet the requirements of paragraph (a} of this section, you must, before awarding-the contract, provide the bidded offeror an opportunity for administrative reconsideration. (1) As part of this reconsideration, the bidder/offeror must have the opportunity to provide written documentatton or argument concerning the issue of whether it met the goat or made adequate good faith efforts to do so. (2) Your decision on reconsideration must be made by an official who did not take part in the original determination that the bidder/offeror failed to meet the goal or make adequate good faith efforts.to do so. (3) The bidder/offeror must have the opportunity to meet in person with your reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. (4) You must send the bidder/offeror a written decision on reconsideration, explaining the basis for finding that the bidder. did or did not meet the goat or make adequate good fiaith efforts to do so. (5) The result of the reconsideration process is not administratively appealable to the Department of Transportation. (e) Ina "design-build" or"'turnkey" contracting situation, in which the recipient lets a master contract to a contractor, who in turn lets subsequent subcontracts for the work of the project, a recipient may establish a goal for the project The master contractor then establishes contract goals, as appropriate, for the subcontracts it lets. Recipients must maintain oversight of the master contractor's activities to ensure that they are conducted consistent with the requirements of this part (f)(1) You must require that a prime contractor not terminate for convenience a DBE subcontractor listed in response to paragraph (b)(2) of this section (or an approved substitute DBE firm) and then perform the work of the terminated subcontract with its own forces or those of an affiliate, without your prior written consent- (2) When a DBE subcontractor is terminated, or fails to complete its work on the contract for any reason, you must require the prime contractor to make good faith efforts to find another DBE subcontractor to substitute for the original OBE. These good faith efforts shall be directed at finding another OBE to perform at least the same amount of work under the contract as the DBE that was terminated, to the extent needed to meet the contract goal you established for the procurement (3) You must include in each prime contract a provision for appropriate administrative remedies that you will invoke if the prime contractor fails to comply with the requirements of this section. - (g) You must apply the requirements of this section to DBE bidders/offerors for prime contracts. In determining whether a DBE bidder/offeror for a prime contract has met a contract goal, you count the work the DBE has committed to performing with its own forces as well as the work that it has committed to be performed by DBE subcontractors and DBE suppliers. § 26.55 How is DBE participation counted toward goals? (a) When a DBE participates in a contract, you count only the value of the work actually performed by the DBE toward DBE goals. (1) Count the entire amount of that portion of a construction contract (or other contract not covered by paragraph (a)(2) of this section) that is performed by the DBE's own forces. Include the cost of supplies and materials obtained by the DBE for the work of the contract, including supplies purchased or equipment leased by the DBE (except supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate). (2) Count the entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services. or for providing bonds or insurance specifically required for the pertormance of aDOT-assisted contract, toward DBE goals, provided you determine the fee to be reasonable and not excessive as compared with fees customarily allowed for similar services. (3) When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the DBE's subcontractor is itself a DBE_ Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals. (b) When a DBE performs as a participant in a joint venture, count a portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work of the contract that the DBE performs with its own forces toward OBE goals. - (c) Count expenditures to a DBE contractor toward DBE goals only if the DBE is performing a commercially useful function on that contract. - (1) ADBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsbilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function. the DBE must also be - responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, you must evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work ft is actually performing and the DBE credit claimed for its performance of the work, and other relevant factors. (2) A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transacfion. contract, or project thnwgh which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, you must examine similar transactions, particularly those in which DBEs do not participate. (3) If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than wouki be expected on the basis of normal industry practice for the type of work involved, you must presume that it is not performing a commercially useful function. (4) When a DBE is presumed not to be performing a commercially useful function as provided in paragraph (c)(3) of this section, the DBE may present evidence to rebut this presumption. You may determine that the firm is .performing a commercially useful function given the type of work involved and normal industry practices. (5) Your decisions on commercially useful function matters are subject to review by the concerned operating administration, but are not administratively appealable to DOT. (d) Use the following factors in determining whether a DBE trucking company is performing a commercially useful function: (1) The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals. (2) The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract. (3) The DBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs. (4) The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract. (5) The DBE may also lease trucks from anon-DBE fimn, including arrowner-operator. The DBE who leases trucks from anon-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. (6) For purposes of this paragraph (d), a lease must indicate that the DBE has exclusive use of and control over the truck This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. (e) Count expenditures with DBEs for materials or supplies toward DBE goals as provided in the following: (1)(i) If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies toward DBE goals. (ii) For purposes of this paragraph (e)(1), a manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications. (2)(i) If the materials or supplies are purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies toward DBE goals. (ii) For purposes of this section, a regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Eantract are- bought-kept ~ -~ stock, and regularly sold or leased to the publ'~c in the usual course of business. (A) To be a regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. (B) A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, a maintaining a place of business as provided in this paragraph (e)(2)(ii) if the person both owns and operates distribution equipment for the products. Any . supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis. (C) Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not regular dealers within the meaning of this paragraph (e)(2). (3) With respect to materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, toward DBE goals, provided you determine the fees to be reasonable and not excessive as compared with fees customarily allowed for similar services. Do not count any portion of the cost of the materials and supplies themselves toward DBE goals, however. (f) If a firm is not currently certified as a DBE in accordance with the standards of subpart D of this part at the time of the execution of the contract, do not count the firm's participation toward any DBE goats, except as provided for in § 26.87(1)). (g) Do not count the dollar value of work performed under a contract with a firm after it has ceased to be certified toward your overall goal (h) Do not count the participation of a DBE subcontractor toward the prime contractor's DBE achievements or your overall goal until the amount being counted toward the goal has been paid to the DBE. G. STATE ENERGY CONSERVATION PLAN It is the responsibility of the Contractor to adhere to all mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P_L. 94-163). H. ENVIRONMENTAL COMPLIANCE Contractor and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Volating Facilities; b. To. comply with all the requirements of Section 306 of the Clean Air Act (42 USC 1857 (h) and Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and environmental protection regulations (40 CFR Part 15); c. That, as a condition for the award of this contract, the Contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA. indicating that a facility to be used for the perfommance of or benefit from the contract is under consideration to be listed on the EPA List of Volating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements. I. RECORD AVAILABILITY The Contractor shall maintain an acceptable cost accounting system. The City of Corpus Christi, the Federal Aviation Administration, and the Comptroller General of the United States shalt 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 City of Corpus Christi makes final.payment and all other pending matters are closed_ J. REPORTING Federal regulations require notification of awarding agency requirements and regulafions pertaining to reporting. They are contained in 49 CFR Part 18 and are as follows: (Note that the City of Corpus Christi is the grantee and the Federal Aviation Administration is the awarding agency): § 18.40 Monitoring and reporting program performance. (a) Monitoring by grantees. Grantees are responsible for managing the day-today operatrons of grant and subgrant supported activities. Grantees must monitor grant and subgrant supported activities to assure compliance with applicable Federal requirements and that performance goals are being achieved_ Grantee monitoring must cover each program, function or activity_ (b) Nonconstruction performance reports. The Federal agency may, if it decides that performance information available from subsequent applications contains sufficient information to meet its programmatic needs, require the grantee to submit a performance report only upon expiration or termination of grant support. Unless waived by the Federal agency this report will be due on the same date as the final Financial Status Report. (1) Grantees shall submit annual performance reports unless the awarding agency requires quarterly or semi-annual reports. However, performance reports will not be required more frequently than quarterly. Annual reports shall be due 90 days after the grant year, quarterly or semi-annual reports shall be due 30 days after the reporting period. The final performance reportwill be due 90 days after the expiration or termination of grant support. If a justified request is submitted by a grantee, the Federal agency may extend the due date for any performance report. Additionally, requirements for unnecessary performance reports may be waived by the Federal agency. (2) Performance reports will contain, for each grant, brief information on the following: (i) A comparison of actual accomplishments to the objectives established for the period. Where the output of the project can be quantified, a computation of the cost per unit of output may be required if that information will be useful. (ii) The reasons for slippage if established objectives were not met. (iii Additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. (3) Grantees will not be required to submit more than the original and two copies of performance reports. (4) Grantees will adhere to the standards in this section in prescribing performance reporting requirements for subgrantees. (c) Construction performance reports. For the most part, on-site technical inspections and certified percentage-of-completion data are relied on heavily by Federal agencies to monitor progress under construction grants and subgrants. The Federal agency will require additional formal performance reports only when considered necessary, and never more frequently than quarterly. (1) Section 12(h) of the UMT Act of 1964, as amended, requires pre-award testing of new buses models. (2) [Reserved] (d) Significant developments. Events may occur between the scheduled performance reporting dates which have significant impact upon the grant or subgrant supported activity. In such cases, the grantee must inform the Federal agency as soon as the following types of camditions become known: (1) Problems, delays, or adverse conditions which wll materially impair the ability to meet the objective of the award. This discbsure must include a statement of the action taken, or contemplated. and any assistance needed to resolve the situation. (2) Favorable devebpments which. enable meeting time schedules and objectives sooner or at less cost than anticipated or producing more beneficial results than originalty planned. (e) Federal agencies may make site visits as warranted by program needs. (f) Waivers, extensions. (1) Federal agencies may waive any performance report required by this part if not needed. (2) The grantee may waive any perfommance report from a subgrantee when not needed. The grantee may extend the due date for any performance report from a subgrantee if the grantee will still be able to meet its perfommance reporting obligations to the Federal agency. [53 FR 8086 and 8087, Mar. 11, 1988, as amended at 53 FR 8087, Mar. 11, 1988] § 18.41 Financial reporting. (a) General. (1) Except as provided in paragraphs (a) (2) and (5) of this section, grantees will use only the forms specified in paragraphs (a) through (e) of this section, and such supplementary or other forms as may from time to time be authorized by OMB, for. (i) Submitting financial reports to Federal agencies, or (ii) Requesting advances or reimbursements when letters of credit are not used. (2) Grantees need not apply the forms prescribed in this section in dealing with their subgrantees. However, grantees shall not impose more burdensome requirements on subgrantees. (3) Grantees shall follow all applicable standard and supplemental Federal agency instructions approved by OM8 to the extent required under the Paperwork Reduction Act of 1980 for use in connection with forms specified in paragraphs (b) through (e) of this section. Federal agencies may issue substantive supplementary instructions only with the approval of OMB. Federal agencies may shade out or instruct the grantee to disregard any line item that the Federal agency finds unnecessary for its decisionmaking purposes. (4) Grantees will not be required to submit more than the original and two copies of forms required under this part. (5) Federal agencies may provide computer outputs to grantees to expedite or contribute to the accuracy of reporting. Federal agencies may accept the required information from grantees in machine usable format or computer printouts instead of prescribed forms. (6) Federal agencies may waive any report required by this section if not needed. (7) Federal agencies may extend the due date of any financial report upon receiving a justified request from a grantee. (b) Financial Status Report--{1) Form. Grantees will use Standard Form 269 or 269A, Financial Status Report, to report the status of funds for all non-construction grants and for construction grants when required in accordance with § 18.41(e)(2)(iii). (2) Accounting basis. Each grantee will report program outlays and program income .on a cash or accrual basis as prescribed by the awarding agency. If the Federal agency requires accrual information and the grantee's accounting records are not normally kept on the accuual basis, the grantee shalt not be required to convert its accounting system but shalt develop such accrual information through an analysis of the documentation on hand. (3) Frequency. The Federal agency may prescribe the frequency of the report for each project or program. However, the report will not be required more frequently than quarterly. If the Federal agency does not specify the frequency of the report, it will be submitted annually. A final report will be required upon expiration or termination of grant support (4) Due date. When reports are required on a quarterly or semiannual basis, they will be due 30 days after the reporting period. When required on an annual basis, they will be due 90 days after the grant year. Final reports will be due 90 days after the expiration or termination of grant support (c) Federal Cash Transactions Report (1) Form. (i) For grants paid by letter or credit. Treasury check advances or electronic transfer of funds, the grantee wilt submit the Standard Form 272. Federal Cash Transactions Report, and when necessary, its continuation sheet, Standard Form 272a, unless the terms of the award exempt the grantee from this requirement (ii) These reports will be used by the Federal agency to monitor cash advanced to grantees and to obtain disbursement or outlay information for each grant from grantees. The format of the report may be adapted as appropriate when reporting is to be accomplished with the assistance of automatic data processing equipment provided that the information to be submitted is not changed in substance. (2) Forecasts of Federal cash requirements. Forecasts of Federal cash requirements_may be required in the "Remarks" section of the report (3) Cash in hands of subgrantees. When considered necessary and feasible by the Federal agency, grantees may be required to report the amount of cash advances in excess of three days needs in the hands of their subgraritees or contractors and to provide short narrative explanations of actions taken by the grantee to reduce the excess balances. (4) Frequency and due date. Grantees must submit the report no later than 15 working days following the end of each quarter. However, where an advance either by letter of credit or electronic transfer of funds is authorized at an annualised rate of one million dollars or more, the Federal agency may require the report to be submitted within 15 working days following the end of each month. (d). Request for advance or reimbursement-{1) Advance payments. Requests for Treasury check advance payments will be submitted on Standard Form 270, Request for Advance or Reimbursement (This form will not be used for drawdowns under a letter of credit, electronic funds transferor when Treasury check advance payments are made to the grantee automaticalty on a predetermined basis.) (2) Reimbursements. Requests for reimbursement under nonconstruction grants will also be submitted on Standard Form 270. (For reimbursement requests under construction grants, see paragraph (e)(1) of this section.) (3) The frequency for submitting payment requests is treated in § 18.41(b)(3). (e) Outlay report and request for reimbursement for construction programs. (1) Grants that support construction activities paid by reimbursement method. (i) Requests for reimbursement under construction grants will be submitted on Standard Form 271, Outlay Report and Request for Reimbursement for Construction Programs. Federal agencies may, however, prescribe the Request for Advance or Reimbursement form, specified in § 18.41(d), instead of this form. (ii) The frequency for submitting reimbursement requests is treated in § 18.41(b)(3). (2) Grants that support construction activities paid by letter of credit, electronic funds transferor Treasury check advance. (i) When a construction grant is paid by letter of credit, electronic funds transferor Treasury check advances, the grantee will report its out-lays to the Federal agency using Standard Form 271, Outlay Report and Request for Reimbursement for Construction Programs. The Federal agency will provide any necessary special instruction. However, frequency and due date shall be govemed by § 18.41(b) (3) and (4). (ii) When a construction grant is paid by Treasury check advances based on periodic requests from the grantee, the advances will be requested on the form specified in § 18.41(d). (iii) The Federal agency may substitute the Financial Status Report specified in § 18.41(b) for the Outlay Report and Request for Reimbursement for Construction Programs. (3) "Accounting basis. The accounting basis for the Outlay Report and Request for Reimbursement for Construction Programs shall be governed by § 18.41(b)(2). (f) Notwithstanding the provisions of paragraphs (a)(1) of this section, recipients of FHWA and National Highway Traffic Safety Administration (NHTSA) grants shall use FHWA, NHTSA or State financial reports. [53 FR 8086 and 8087, Mar. 11, 1988, as amended at 53 FR 8087, Mar. 11, 1988] K. RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to regulations. issued by the FAA and the City of Corpus Christi_ Information regarding these rights is available from the FAA and the City of Corpus Christi. L. COPYRIGHTS AND RIGHTS IN DATA The Federal Aviation Administration reserves aroyalty-free, nonexGusive, and irrevocable license to reproduce. publish or otherwise use, and. to authorize others to use, for Federat-Government purposes: (a) The copyright in any work developed under a grant,, subgrant, or contract under a grant or subgrant; and (b) Any rights of copyright to which a grantee (the City of Corpus Christi), subgrantee or a Consultant purchases ownership with grant support M. DEBARMENT AND SUSPENSION The Contractor certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency and does not appear on the Department of Transportation Unified List 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 Contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation proposal" N. REMEDIES. Any violation or breach of the terms of this contract on the part of the Contractor or subcontractor(s) 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. O. TERMINATION OF CONTRACT a. The City of Corpus Christi may, by written notice, terminatd this contract in whole or in part at any 6me, either for the City of Corpus Christi's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice, services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in process, delivered to the City of Corpus Christi. b. If the termination is for the convenience of the City of Corpus Christi, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the Contractor's obligations, the City of Corpus Christi 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 City of Corpus Christi for any additional cost occasioned to the City of Corpus Christi thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the Contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the City of Corpus Christi. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this Gause. e. The rights and remedies of the City of Corpus Christi provided in this clause are in addition to any other rights and remedies provided by law or under this contract. P. FOREIGN TRADE RESTRICTIONS The Contractor or subcontractor, by submission of an offer and/or execution of a contract, certfies that it a. is not owned or controped by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or nations! 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 In;t; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a Contractor or subcontractor who is unable to certify to the above. If the Contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the City of Corpus Christi the cancellation of the contract at no cost to the Government- Further, the Contractor agrees-that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts_ The Contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The Contractor shall provide immediate written notice to the City of Corpus Christi if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances_ This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the City of Corpus Christi the cancellation of the contractor subcontract for default at no cost tQ the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. Q. EXCLUSIONARY SPECIFICATIONS PROVISION Section 3{a)(2)(C) of the UMT Act of 1964, as amended, prohibits the use of grant funds to support procurements util'~zing exclusionary or discriminatory specifications. R. CARGO PREFERENCE REQUIREMENTS Contractor and subcontractor clauses. "Use of United States-flag vessels: The contractor agrees - (1) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry buck carriers. dry cargo liners, and tankers) involved, whenever shipping any equipment, material. or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. (2) To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days folbwing the date of loading for shipments originating outside the United States, a legible copy of a rated, 'on-board' commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (1) above to both the Contracting Officer (through the prime contractor fn the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington DC 20590. (3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. S. BUY AMERICA CERTIFICATION (Please certify to one or the other below, but not both.) The bidder hereby certifies that it will comply with the requirements of section 165 (a) of the Surface Transportation Assistance Act of 1982, as amended, and the applicable regulations in 49 CFR part 661. Date Signature Company Name Title Certificate for Non-Compliance With Section 165(a). The bidder hereby certfies that it cannot comply with the requirements of section 165(a) of the Surface Transportation Assistance Act of 1982, as amended, but it may qualify for an exception to the requirement pursuant to section 165(b)(2) or (b)(4) of the Surface Transportation Assistance Act of 1982 and regulations in 49 CFR 661.7. Date Signature Company Name Title T. ADDITIONAL LANGUAGE: ALTERATION OF WORK AND QUANTITIES The Contractor is hereby advised that all supplemental agreements shall be approved by the FAA and shah include valid wage determinations of the U.S. Secretary of Labor when the amount of the supplemental agreement exceeds $2,000. However, if the Contractor elects to waive the limitations on work that increases or decreases the originally awarded contract or any major contract item by more than 25 percent, the supplemental agreement shall be subject to the same U.S. Secretary of Labor wage determination as was included in the originally awarded contract All supplemental agreements shall require consent of the Contractor's surety and separate performance and payment bonds. U. DAVIS-BACON REQUIRED PROVISIONS The Contractor will abide by these provisions and will include these provisions in each construction subcontract: a. Minimum Wages. (1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by 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 rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Acton behalf of laborers or mechanics are considered wages paid to laborers or mechanics, subject to the provisions of subparagraph a.(4) 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 which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skiA, except as provided in paragraph d. 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, that the employees payroll records accurately set forth the time spent in each classification m which work is perfommed. The wage determina>fion (including any. additional classification and wage rates conformed under a.(2) of this section) and the David-Bacon poster (VIM-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. {2) (i) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classfied in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met (A) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (B) The classification is utilized in the area by the construction iadustry; and (C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate ' (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent. by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210_ The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (iii) In the event the contractor, the laborers or mechanics to be employed in the classification of their representatives and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (2)(ii) or (iii) 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. (3J Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe-benefit or arr~ hourly cash equivalent thereof. (4) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require thq contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) b. Withholding. The FAA or City of Corpus Christi shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the FederalAviation--Adstration r~ay-after written-potato the contractor, City of Corpus Christi, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. c. Payrolls and Basic Records. (1) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker. his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b) (2){B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under paragraph a(4) of this clause 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 have 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 undbr approved programs shat) maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB control numbers 1215-0140 and 1215-0017.) (2) (i) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the applicant, City of Corpus Christi, or owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph c(1) above. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, OC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB control number 1215-0149.) (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (A) That the payroll for the payroll period contains the information required to be maintained under paragraph c(1) above and that such information is correct and complete; (B) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (C) 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. (iii) 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 c.(2)(b) of this section. (iv) 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 or subcontractor shall make the records required under paragraph c(1) of this section available for inspection, copying, or transcription by authorized representatives of the City of Corpus Christi, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, City of Corpus Christi, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request onto make such records avar~able mdy be grounds for debarment action pursuant to 29 CFR 5.12. . d. Apprentices and Trainees. (1) A~prentices_ Apprentices will be permitted to work at less than the predetermined rate for the work they perfommed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program. but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as art apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination- Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no bnger be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved- (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. 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 Nour Division determines that there is an apprenticeship program associated with the corresponding joumeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no bnger be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal empbyment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. e. Compliance with Copeland Act Reouirements. The contractor shall comply with the requirements of 29 CFR Part 3. whicti~are incorporated by reference in-this contract f. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in paragraphs a. through j. of this contract 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 bwer tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or bwer tier subcontractor with all the contract clauses in 29 CFR 5.5. g. Contract Termination: Debarment A breach of the contract clauses in paragraphs a. through j. of this clause and a. through e. of the second clause below may be grounds for termination of the contract, and for the debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. h. Compliance with Davis-Bacon and Related Act Reyuirements. 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 i. Disputes Conceming 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 sut~contractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. j. Certification of Eligibility_ (1) By entering into this contract, the contractor certifies that neither it (nor he or she) nor ari}i 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 Govemment 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. V. Contract Work Hours and Safety Standards Act Provision The contractor and subcontractors must comply with Sections 103 and 107 of the Contract Vt~ork Hours " and Safety Standards Act (40 USC 327-330) as supplemented by the Department of Labor regulations (29 CFR Part 5). As used in the following, the term "laborers" and "mechanics" include watchmen and guards. a. 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 in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forth hours in such workweek, whichever is greater. b. Violation: Liability. for Unpaid Wages: Liquidated Damages. In the event of any violation of the clause set forth in paragraph a. above, the contractor or any subcontractor responsible therfor 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 respecf to each individual laborer or mechanic, including .watchmen and guards, employed in violation of the clause set forth in paragraph a. above, in the sum of $1fl for each calendar day on which such indrviduaCVuas . _ required or pemnitted 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 a. above. c. Withhoklina for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the City of Corpus Christi shall upon its own action br upon written request of an authorized representative or the Department of labor withhold or cause to be withheld, from any monies payable on account or work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and Liquidated damages as provided in the clause set forth in paragraph b. above. d_ Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth. in paragraphs a. through d_ 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 a. through d. e. Wor#cin4 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. W. VETERAN'S.PREFERENCE PROVISION In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to veterans of the Vetnam-era and disabled veterans. However, this preference may be given only where the individuals are available and qualified to perform the work to which the employment relates. CORPUS CHRIST= =NTERNATIONAL AIRPORT BACKGROUNn VERIFICATION FORMS CORPUS CHRISTI INTERNATIONAL AIRPORT oF~r~usEO~.Y APP.L~CA__`T~QI~IF.S~R.ID_/ACC.ESS.CONTROL..MEDIA - - - - ---- _.~~'1 BARGING AND FINGERPRINT OFFICE (361}289-0171 EXT. 1227 APPLICANT (Print in black ink) Last First Name Name DOB Height Weight Color of Eyes Race State of Birth Country of Birth Driver License # State Home Address Apt. Ciry Home Phone Cell Phone E-Mail Middle Name Color of Hair Gender Citizenship Aliases Expiration Date State _. __ _ _ ZIP __ OBTAINING AN AIRPORT ID/ACCESS CONTROL MEDIA IS A PRMLEGE. The Airport tD /Access Control Media is the property of the Corpus Christi international Airport and must be returned upon request, damaged, lost and found or no longer valid. A replacement charge and/or penalty fee wilt be assessed for a lost or unretumed ld Media. - 1 understand the procedures and responsibilities for using and safeguarding the Corpus Christi International Airport ID I Access Control Media. I wilt IMMEDlATI=LY notify the Airport Dispatch 289-0171 ext. 0 and my employer if my Id. Media is Post or stolen. S$N Employee.Signature pat` EMPLOYER/SPONSOR (Print in black ink) 31 Company Name P.~ysicalAddress City State ZIP Billing Address City State ZIP Company Phone No. Fax No. By my signature I certify: that 1 am an authorized representative of the above employer and as such may execute (sign) this application; that the foregoing information is true and accurate; that (the named) employer authorizes fingerprints to be obtained for the purpose of performing a criminal history recoM check, if needed for unescorted access to SIDA; that this employee requires the access level as indicated below; and that the employee's Airport Identification Badge will be returned upon request, termination, or when access is no longer required. CHECK ONE LEVEL -Level i ^Leve{ 2 ,Level 3 -Level 4 IDACCESS CONTROL MEDIA: (White) All Access (Green) FBO (Yellow) AOA(undevetopedJagricuiture) (Blue) Public Does Your Employee Need to Escort Others? YES NO Will. Your Employee Need Driving Privileges? YES NO Authorized Signature P?ririt Pate (ONLY PERSON(S) on Signature Verification Form on Fite) Ground Vehicle ~ Gti'ckOfif LisE" Security Glass ^ Yes ~ No ^ N/A D I~ I;D, .. ._ ......_ ..... Escort p Yes ^ No ~ Ivlovement Area ^ 2t'/D I D.:.., Fingerprints Taken ^ Non-Movement Area ^ Empl Het ^ AUTH FP D CHRC O STA I~ .~a 3'~ ASC APPROVAL DATE -prints Received REVLSED 11J08 Exhibit I DO NOT DUPLICATE CRP ID MEDIA APPLICATION INFORMATION =DERA! REGIrLATiONS: .n accordance with 49 CFR § 1542.209 and 1544.229, the airport operator will collect and process fingerprints far ail persons requesting unescorted access to the Security Identifiption Display Area for the purpose of obtaining a criminal history record check (CHRC}. A copy of the aiminal record will be provided to the individual, if requested by the individual in writing. If the Endividual has questions regarding the results of the CHRC, please contact the Airport Security Coordinator, Chief John Hyland, at (361) 289-Ot71. ID REQUIREMENT: Two forms of ID must be presented during the application process: List of Acceptable Documents ~~~rr A VK u~7 ~ o Documents that E T Documents that Establish Employment Eligibility Documents that Establish Both Identity and Employment Eligibility 1. U.S. Passport (unexpired or expired) 2. Certifigte of U.S. Citizenship (Form N-5ti0 or N-561) 3. Certificate of U.S. Citizenship (Form N~50 or N-570) 4. Unexpired foreign passport, with I-551 stamp or attached Form I-94 indigting unexpired employment authorization. 5. Permanent Resident Card or Alien Registration Receipt Card with photograph {USCIS Form I-151 or I-551) 6. Unexpired Temporary Resident Card (USCIS Form 1-688} 7. Unexpired Employment Authorization Card (USCIS Form I-688A) 8. Unexpired Reentry Permit (USCIS Form I-327) Unexpired Refugee Travel Document (USCIS Form 1-571) 10. Unexpired Employment Authorization Document Issued by USCIS that contains a photograph (USCIS Form 1-6886) or USCIS Form t-766) 1. Driver's license or tD card issued by a State or outlying possession of the United States provided it contains a photograph or information such as name. date of birth, gender, height, eye color, and address 2. iD card issued by Federal, State, or local govemrrient agency or entity provided it contains a photograph or information such as name, date of birth, gender, height, eye Dolor, and address. 3. School ID card with a photograph. 4. Voter's registration card 5. U.S. Military card or draft record 6. Military dependant`s ID card 7. U.S. Coast Guard Merchant Mariner Card 8. Native American tribal document 9. Driver's license issued by a Canadian government authority For persons under the age of 18 who are unable to present a document listed above 1. School record or report card 2. Clinic ,doctor, or hospital record 3. Day-care or nursery school record 1. Social Security card issued by the Social Security Administration 2. Certification of Birth Abroad Issued by the Department of State (Form FS-545 or Fonn DS-1350) 3. Original or certified Dopy of a birth certificate issued by a state, county, municipal authority, or outlying possession of the United States bearing an official seal 4. Native American tribal document 5. U.S. Citizen ID Card (USCIS Form -197) 6. ID Card for use of Resident Citizen in the United States (USCIS Form I-179) 7. Unexpired employment authorization document issued by USCIS (other than those listed under List A) PRIVACY ACT NOTICE Authority: 49 U.S.C. §§114, 44936 authorizes the collection of this information. Purpose: The Department of Homeland Security (DHS) will use the biographical information to conduct a security threat assessment and will forward any fingerprint information to the Federal Bureau of tnvestigation to conduct a criminal history records check of individuals who are applying for, or who hold, an airport-issued identification media or who are applying to become a Trusted Agent of the airport operator. DHS will also transmit the fingerprints for enrollment into the US-VISIT's Automated Biometrics Identification System (IDENT). 1f you provide your Social Security Number (SSN), DHS may provide your name and SSN to the Social Security Administration (SSA) to compare that information against SSA's records to ensure the validity of your name and SSN. Routine Uses: This information may be shared with third parties during the course of a security threat assessment, employment investigation, or adjudication of a waiver ar appeal request to the extent necessary to obtain information pertinent to the assessment, investigation, or adjudication of your application or in accordance with the- routine uses identified in the Transportation Security Threat Assessment System (T-STAS}, DHS/TSA 002. Disclosure: Furnishing this information (including your SSNj is voluntary; however, if you do not provide your SSN or any ( "- tether information requested, DHS maybe unable to complete your application for information media. 2 AUTHORIZATION FOR FINGERPRINT-BASED CRIMINAL HISTORY RECORDS CHECK 'ASE READ AND REIREW THE FOLLOWING LIST OF DISQUALIFIYING CRIMINAL OFFENSES AS LISTED IN TRASPORTATION SECURrrY REGULATION 7ZS~L209(O} Under 49 CFR §1542.209 (e) all persons applying for unescorted access to the Security Identification Display Area (SIDA) are required to be fingerprinted in order for a criminal history records check (CHRC) to be completed. No applicant may be granted unescorted access to the SIDA if the CIiRC reveals a disqualifying criminal offense. An applicant has a disqualifying criminal offense if the applicant Las been rnnvicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed .below in any jurisdiction during the 10 years before the date of this application or while tbe applicant has unescorted access authority: 1. Forgery of certificates, false maridng of aircraft, and other aircraft registration violation; 49 U.C.C. 46306.. 2. Interference with a'v navigation; 49 U.S.C. 46308. 3. Improper transportation of a hazardous material: 49 U.S.C. 46312. 4. Aircraft piracy; 49 U.S.C. 46502. 5. Interference with flight crew members or flight attendants; 49 U.S.C. 46504._ 6. Commission of certain crimes aboard aircraft in flight; 49 U.S.C. 46506. 7. Carrying a weapoD or explosive aboard aircraft; 49 U.S.C. 46505. 8. Conveying false information and threats; 49 U.S.C. 46507. 9. A'vcraft piracy outside of the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(6). 10. Lighting violations involving transporting controlled substances; 49 U.S.C. 46315. 11. Unlawful entry into an aircraft or airport area that serves au• carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314. 12. Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. 13. Murder. 14. Assault with intent to murder. 15. Espionage. 16. Sedition. 17. Kidnapping or hostage taking. 18. Treason. 19. Rape or aggravated sexual abuse. 20. Unlawful possession, use, sale, distribution, or manufacture of an ezplosive or weapon. 21. Extortion. Z2. Armed or felony unarmed robbery. - 23. Distribution of, or intent to distribute, a controlled substance. 24. Felony arson. 25. Felony involving a threat. 26. Felony involving - (i) Willful destruction of property; (ii) Importation or manufacture of a controlled substance; (iii) Burglary; (iv) Theft; (v) Dishonesty, fraud, or misrepresentation; (iv) Possession .or distribution of stolen property; (vii) Aggravated assault; (viii] Bribery; or (ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year. 27. Violence at interoational airports; l8 U.S.C. 37. 28. Conspiracy or attempt to commit soy of the criminal acts fisted in this paragraph. By signing below; the applicant is stating that he/she does not have a disqualifying criutiual offense. Under 49 CFR 1542.209 m the applicant has a continuing obligation to disclose to the airport operator within 24 hours if he or she is convicted of a disqualifying criminal offense that occurs while he or she has unescorted access authority. PRIIYT NAME SIG.IVA'I'iJRE pA7hE CERTIFICATIONS: "The information I have provided is true, complete, and correct to the best of my knowledge and belief and is provided iH good faith. I understand that a knowing and willful false statement can be punished by fine or imprisonment or both (see Section 1001 of Title 18 of the United States Code.)" "I authorize the Sociat Security Administration to release my Social Security Number and full name to the Transportation Security Administration, Office of Transportation Threat Assessment and Credentialing (TTAC), Attention: Aviation Programs (TSA-19)1 Aviation Worker Program, 601 South 120' Street, Arlington, VA 22202. "I am the individual to whom the information applies and want this information released to verify that my SSN is correct. I know that if I make any representation that I know is false to obtain information from Social Security records, I could be -punished by a fine or imprisonment or both:' ~gnature• Date of Birth• "SSN and Full Name: --~~-~ ~~ k ~ D~LEVEL~4 ONLY ~~~~~ L~~~#L `~~_.LE~~L ~ ~~.~__. . Employment and Personal history Applicant: In accordance with 49 CFR 1542.209 att persons applying for an unescorted access authority will have background checks. These checks will be conducted, to the extent allowable by law, to include at a minimum, reference and prior employment histories, io the extent necessary to verify representations made by the employeelapplicant relating to employment in the preceding 5 Y~• You must provide an explanation of any gap in your ernployment/education history in excess of 12 months. If your record shows you have experienced periods of 12 months or more of unemployment, retirement, hospitalization or for any other reason been unemployed, please explain the circumstances belgw and provide documentation or other supporting records to include telephone numbers for verification. LEST THE PAST 10 YEARS ~TH.E.MOST f~ErCENT.S YEARS.:IVtUST BE;;VERfFI•ED Applicant's Data. Employer's Data anylOrganization/School Com Date Verified tint N ame p Address, Phone #, & Contact Name Fy.um Mo/Yr TO Mo/Yr Verified With Verified By DATE Start with most recent employment 4 ~~~~ CORPUS CHRISTI I~~J` I1~TTERNATIQI~IAI~ Ail~PQ1~T SIGNATURE VERIFICATION FORM ,T~ue or Print usfne Black Ink COMPANY NAME: PHYSICAL ADDRESS: PHONE # CITY_ FAX # DATE ST ZII' BILLING ADDRESS: PHONE # CITY ST FAX # ZIP ,; AUTI30RIZA'.~'ION'BY:RE~POI~SIBLE.OF•~CIfAI:: , The undersigned hereby delegates to the person(s) Iisted below the authority to sign for Corpus Christi International Airport badge, access, key control, vehicle parking or other program requirements for employees of this company. The undersigned certif es that he or she has the authority to sign this document on behalf of +he above named company and that he or she and the company assume full responsibility and accountability for airport access and identification media issued to the employee and for all employee actions relating to use of «~ese media. Print Name Title Signature Date PRIMARY: PRINT NAME SIC~N.~I~Z.LR~ PHONE # CELL # E-MAIL ALTERNATE: PRINT NAME PHONE # CELL # E-MAII. _ This form is to be filled out by business owners, managers or supervisors. SIC~N.~l~Z,1RE Revised 08/08 do CORPUS CHRISTI .EMPLOYMENT AND PERSONAL HISTORY FORM City of Corpus Christi International Airport ~OTpus Employment and Personal History C hr><sti .~ •plicant: All persons employed by the airport or its contractors hired after November 1, 1985, who have .:_.~scorted access to any area on an airport controlled for security reasons, will hati~e background checks. These checks will be conducted, to the extent allowable by lativ, to include at a minimum, reference and prior employment histories, to the extent necessary to verify representations made by the employee/applicant relating to employment in the preceding 5 years. You must provide an explanation'of any gap in your employment/education history in excess of l2 months. If your record shows you have experienced periods of 12 months or more of unempiayment, retirement, hospitalization or for any other reason been unemployed, please explain the circumstances below and provide documentation or other supporting records to include telephone numbers for ~•erifcation. Fu11 Name of Applicant: Last Date First . Off cial Company Name: Signature of.Individual on Signature Verification Form: LIST THE PAST 10 YEARS AND 1~EitTEY THE MOST RECENT 5 YEARS *~*5~'ART WI'~'~ NdCi~T RECENT EMP~I~'~MENT**~ Employee's Data Employer's Data ampany/Organization/School Date Verified .. mint Name) .ddress, Phone #, & Contact Narxie From MoIYr . To Mo/Yr Verified With Verified By Date I ~. .,.,eck this boa if additional informatiou is attached. D AIRPORT CONSTRUCTION SAFETY-PLAN Corpus Christi International Airport Airport Rescue and Fire Fighting Facility -Project # 10025 Arpor# Construction Safety PIan CORPUS CHRISTI INTERNATIONAL AIRPORT AIRPORT RESCUE AND FIRE FIGHTING FACILITY (ARFF) IMPROVEMENTS City Project # 10025 GENERAL SAFETY REQUIREMENTS. Throughout the construction project, the following safety and operational practices shall be observed: • Construction/Safety meetings will be held at least weekly at the Airport administrative offices at a time and day agreed upon between the Airport and the Contractor and a representative of each Subcontractor performing work in the Air Operations Area (AOA) shall attend these meetings. • Operational safety will be a standing agenda item during progress meetings throughout the construction project. • The Contractor and the Airport must perform onsite inspection throughout the project, with immediate remedy of any deficiencies, whether caused by negligence, oversight or project scope change. • Airport aprons and taxiways shall remain in use by aircraft at all times.. • Contractor, Subcontractor, and supplier employees or any unauthorized persons must be restricted from entering an airport area that would be hazardous. The contracting ofiicer, Airport, or other designated airport representative may order the Contractor to suspend operations; move personnel, equipment, and materials to a safe location; and stand by until aircraft use is completed. 2. CONSTRUCTION MAINTENANCE AND FACILITIES MAINTENANCE. Before beginning any construction activity, the Contractor must, through the Airport, give notice of proposed location, time, and date of commencement of construction. Throughout the duration of the construction project, the Contractor must: Be aware of and understand the safety problems and hazards described in the latest version of AC 150/5370-2, Operational Safety on Airports During Construction. • Conduct activities so as not to violate any safety standards contained in AC 150/5370-2 or any of the references therein. Inspect all construction and storage areas as often as necessary to be aware of conditions. Promptly take all actions necessary to prevent or remedy any unsafe or potentially unsafe conditions as soon as they are discovered. 3 RUNWAY PROTECTION _ Construction will be limited to the work area. No personnel will be allowed to move beyond the boundaries of the work zone unless that person is moving equipment to the equipment parking area, the stockpile area, or the access gate, on an approved route. Airport Construction Safety PIan 1 of 4 Corpus Christi International Airport Airport Rescue and Fire Fighting Facility -Project # 10025 4 GTHER MARKING AND LIGHTING REQUIREMENTS The Contractor will furnish and install all required marking and lighting (including, but not limited to, barricades, traffic cones, flags, flashers, etc.). The following marking and luting systems must be in place: • The work areas as shown in the safety plan sheet, must be completely isolated and easily discerned from Bound based vehicles and aircraft alike, in all weather and lighting conditions. Multi-barrier barricades and lighted cones shall be situated to the satisfaction of airport personnel. • Vehicle routes, when not otherwise conspicuous, must be marked with easily visible colored or flag ing every 50 feet. along the Length of any portion of the route that. is not otherwise conspicuous on both sides: These route markers must be maintained daily.. For nighttime operations, ihese routes must be lighted with amber traffic lights at the same intervals as the markers. These markers must be frangible, so as not to damage an ARFF vehicle that may pass over it. • Equipment parking areas must be marked and lighted with stakes and traffic lighting (to provide for nighttime visibility during ARFF operations). These lights and markers must be.inspected and maintained daily. 5. VEHICLE OPERATION, MARKING, AND CONTROL • Employee parking will be at the construction staging area, which is shown in the Access Plan sheet. • No vehicles are allowed to enter any part of the airport movement area except as authorized by the Airport, and no vehicle may deviate-from the approved work area, equipment parking area, stockpile area, or access routes. Under no circumstances are any vehicles allowed to approach or enter the runway safety areas for either runway. • Vehicles inside the AOA are required to have company marking on both sides that are visible at 200 feet way, to the satisfaction of the Airport, and must have arotating/flashing amber beacon. A beacon is required for any operations at atl times at night or during adverse meteorological conditions. •. All equipment must access the AOA only through the designated gates as shown on the Access Plan. • Any Contractor vehicle operator who is authorized to operate in the movement area must follow all the airport rules and regulations for operating vehicles in the movement area. The consequences for violation of these rules and regulations may be as severe as permanent revocation of driving privileges, in addition to a civil penalty. 6. RADIO COMMUNICATIONS The Contractor employees authorized to operate in the movement area will be assigned call signs, which are listed below. All such employees must successfully complete the Airport Ground Vehicle Training Course. Contractor employees must use Airport-designated call signs when communicating on any aviation frequency and must follow proper aviation radio procedures and phraseology. Ten codes are not allowed. Airport Construction Safety Plan 2of4 Corpus Christi International Airport Airport Rescue and Fire Fighting. Facility -Project # 10025 The assigned call signs for the Contractor are: Name Call Sign DEBRIS. CONTRACTORI CONTRACTOR2 CONTRACTOR3 No material may be left in any area used by the Contractor in such a way that the material can be blown onto the movement area and case a foreign object damage (FOD) hazard to aircraft. 8 SECURITY. Construction activities will be taking place in the Air Operations Area of the airport. Each employee of the Contractor who will have access to the AOA must apply and qualify for an AOA identification medium from the Airport and complete Airport Security Training. No unescorted Contractor employee will be allowed into the AOA without properly displaying a valid, Airport-issued identification medium. To "properly display" means to wear above the waist line and on the outermost garment in such a manner that the side of the card bearing the identification photo is prominently displayed. Proper badges will be used for any work inside the AOA. The Contractor must provide a guard to be at the gate during any construction activities to ensure only authorized personnel access the AOA through authorized gates. The guard will also be responsible for performing any other unanticipated vehicle/personnel inspection duties under the direction of the Airport, as may be required by the Transportation Security Administration (TSA). The Contractor must ensure the guard has a means of immediately notifying Airport Communications to report any unauthorized entry into the AOA. 9 CONTACT INFORMATION The Contractor must designate at least one contact person who is available 24-hrs a day and 7 days a week to the Airport for immediate response to correct any construction-related activity that may adversely affect the operational safety of the Airport, along with a means of contact. The name aril contact information for the Contractor contact person(s) for this project is: Airport ConstruGion Safety Plan 3 of 4 Corpus Christi International Airport Airport Rescue and Fire Fighting Facility -Project # 10025 The.Contractor mustprovide at least one_safety officer who i_s familiar with. airport operational safety and is responsible for monitoring construction activities. 'The name and contact information for the Contractor safety officer(s). for this project is: The Airport will provide a contact person who will be the point of contact for construction activities impacting airport operational safety. The information for the Airport contact person is: CARL GROSSNICTOR GONZALEZ AIRPORT OPERATIONS MANAGER 361-289-0171, ext. 1229/123] OFFICE 361 MOBILE 361 PAGER 361 HOME The contact for all emergencies (fire, medical, -law enforcement) is 361-289-0171, ext. 0 (Airport Communications), or 911. 10. UTILITIES The Contractor must perform utility locates before construction begins to ensure uninterrupted operation of navigation aids and provide to the Airport documentation demonstrating, to the satisfaction of the Airport, the performance of the locates. FAA Technical Operations is the contact for Federally owned/operated facilities. I1. NIGHTTIME OPERATIONS Any operations performed at night will probably require the use of supplemental light. Before any supplemental lighting is used in the work area, the light must be appropriately shielded, to the satisfaction of the Airport, to ensure the lighting does not interfere with aircraft operations or ATC operations. All vehicles operating at night or during inclement weather in the AOA must have a rotating or flashing amber beacon on top of the vehicle. Any nighttime activity must be coordinated with the Airport at least 72 hours in advance. Airport Construction Satety Plan 4of4 FAA ADVISORY CIRCULAR 150/5210-15A AIRCRAFT RESCUE AND FIREFIGHTING STATION BUILDING DESIGN CHAPTER 3 -STATION ELEMENTS 9/10/2008 AC 150/5210-15A CHAPTER 3. STATION ELEMENTS. 3-1. INTRODUCTION. FAA airport certification requirements establish the payload size and the required minimum number of ARFF vehicles per FAR Part 139.317. The number of vehicles and their characteristics help to drive the operational design requirements of the station's apparatus bays. The number of vehicles relates in part to the number of personnel. Consequently, living and working space. allocations for most of the station's rooms will be based on the number of personnel (current and future). The watch/alann room, mechanical room, and the apron design, for example, will also be affected by the overall design and operational requirements of the appazatus bays. To assist in assessing these needs, the following appendices have been included in this AC: Appendix A, dimensions, minimum crew requirements, and other characteristics of sample ARFF vehicles; Appendix B, typical items purchased and installed as part of the construction and furnishing of a station; and Appendix C, a list of questions that should be answered for equipment purchases. NOTE: It is very important that the user of this AC understand that the sizes of many of the functional spaces will vary greatly depending upon the size of the ARFF department and its' mission. In many instances, smaller. airports will not require the total square footages shown (where a space is described. as a minimum, that number can be increased by 20%; the resulting figure is then considered a maximum and would need FAA approval if larger) or functions shown, but they should use the UNIT sizes where shown for each functional space that applies to their needs. For these reasons, total and/or unit square footages are NOT provided for many functions, recognizing the wide variances from airport to airport. Users of this AC should keep in mind that potential changes to FAR Part 139, Subpart D, are currently being considered by the FAA that, if enacted, will have an impact on ARFF station location and design. Check with the appropriate Airport District Office (ADO) before starting the planning and design phases for the status of these potential changes. 3-2. ARFF APPARATUS BAYS. The ARFF apparatus bays are the primary station functional space. 'The apparatus bays govern the layout and structural design of the majority of other station elements and directly influence the successful operation of the ARFF service. The question of how many bays are eligible is often predicated on the airport's ARFF Index plus one bay for tight maintenance and washing; however, there are other considerations that can impact this question. a. Justification for additional bays being eligible can be based upon other factors as well, including: (I) The vast majority of responses by most ARFF departments are for Emergency Medical Service (EMS) calls, for which there could be a separate vehicle from the required Index vehicles, but would be available for responding to an aircraft emergency. _ (2) There should always be a reserve ARFF truck in case of the scheduled maintenance of an on-line truck or repairs which take an ARFF vehicle out of service. If a reserve ARFF vehicle is not available to replace an Index-required vehicle, an airport must drop down to the next lower ARFF Index until rectified. (3) Bays can be used for the re-supply of foam and water during an incident or accident. 13 AC 150/5210-15A 9/lo/2oas (4) The potential need for ARFF departments to be prepared for a terrorist attack. . At the very least, the need for a Hazardous Material (I-IAZMAT) vehicle is now a consideration to meet new environmental regulations. This facet should be considered in light of the new Safety Management System (SMS} for airport operators and is presented as a concept in AC 150/5200-37, Introduction to .Safety Management Systems (SMS) for Airport Operators. SMS is intended to become, ultimately, a regulatory requirement at certificated airports. As noted in AC 150/5200-37, "a key indicator of management's commitment to safety is the adequacy of resources". Recognizing that each. airport is unique, it wilt be incumbent upon the airport operator to justify to the FAA the number of eligible apparatus bays, which will be considered on a case by case basis. Further; as previously underscored, the total square footage for a functional space, where shown in this AC, 'can be increased by up to 20% to reflect local conditions. An increase of over 20% requires FAA approval. (5} Training is a critical component of ARFF readiness. When justified, an additional apparatus bay may be .required for a vehicle that performs training, water rescue, or hazardous material .response functions. Training evolutions require ARFF firefighters to operate all components of the vehicle during simulated tactical operations and during mandatory live fire evolutions. During . these training evolutions, agent quantities are reduced and not immediately available for response. Dedicated. training vehicles allow for departments to train members without compromising agent quantities. .Training vehicles can also be deployed to incidents as additional manpower arrives and. helps to restore an airports index required agent following an event, helpful in reopening. an airport. b. Apparatus bay dimensions depend on the vehicle parking concept and the physical characteristics and number of ARFF and other non-ARFF vehicles to be housed. There have been significant changes in ARFF vehicle designs in terms of size, foam/water capacities and operational characteristics. Appendix A provides data on. the more common ARFF vehicles currently available. Be certain to include, the side-view mirror dimensions to the vehicle width as well. There are a number of issues that determine the 'size and number of ARFF apparatus bays. It is not just a question of meeting the airport's ARFF Index, because this would not reflect the total mission of a modern ARFF department. c. Configuration (length, width and height) of apparatus bays is established by using the dimensions of the largest existing or anticipated new truck together with the minimum parking clearances. Proper sizing of the ARFF vehicle bays will provide operational flexibility, a clear margin of .safety and space to undertake minor maintenance tasks for each truck. Note that the standard clearances provided in paragraph (c) 4 below are categorized as "at least", meaning .they are viewed as minimums. Further, these dimensions are "standards", which means they are required minimum clearances. _ _. Lastly, when necessary to meet local conditions, clearances may be increased up to 20% of these minimums. Configuration of the bays is further impacted by factors such as side or back hook-ups for air and power, clearance for side-view mirrors (which impacts door width); new truck . designs with extendable turrets and multi-position high performance bumper turrets. 14 9/IO/2008 AC 150/5210-15A (1) ARFF PERSONNEL MUST HAVE OBSTACLE FREE ACCESS FROM ALL INTERIOR AND EXTERIOR (PATIO) STATION POINTS ~TO THE APPARATUS BAYS. (2) Side-by-side parking of vehicles versus tandem parking (more than one vehicle deep to a bay) should ~be carefully considered. Some airports do not prefer tandem parking since, if a mechanical failure in the lead tandem parked vehicle occurs, it will hinder or negate the response of the rear vehicle. If tandem parking is unavoidable, limit it to structural firefighting and other secondary vehicles. Whenever practical, long and short vehicles should be parked side by side for more efficient use of vehicle room space. (3} The use of drive-thru bays should be considered to facilitate parking of vehicles and to increase the operational safety and flexibility of the station. This type of parking, also, facilitates the operation of re-supplying the ARFF trucks with either foam and/or water in a bay so designated for this purpose. The time required for the re-service of foam concentrate and water can be reduced with drive-through bays since the vehicle can pull. straight through rather than having to back-iri. Drive-thru bays also provide the opportunity for bi-directional use. (4) THE ARFF VEHICLE STANDARD CLEARANCES WILL BEAT LEAST: 6 FEET (1.8 M} BETWEEN "THE VEHICLE AND WALLS/STORAGE AREAS; 8 FEET (2.4 M) BETWEEN VEHICLES PARKED SIDE BY SIDE; 5 FEET (1.5 M) BETWEEN VEHICLES PARKED END TO END; AND 5 FEET (1.5 M) BETWEEN THE VEHICLE AND STALL BAY DOORS. More clearance may be required for folding bay doors. Dimensions should accommodate the present vehicle fleet .and newer replacement vehicle models. Additional consideration should be given to larger future vehicle additions which may be a result of an increase in the airport's index and/or mission. (5) The ceiling height should allow service personnel to stand erect on top of vehicles and still cleaz~any overhead obstructions, such as pipes, a hoist, storage tanks, bay door mechanisms, etc. THE STANDARD CLEARANCE BETWEEN THE CEILING HEIGHT AND THE ARFF VEHICLE WORK PLATFORM IS 7 FEET (2. } M). New ARFF truck designs need to be considered, which, in relation to bay heights, need to consider an extendable turret or other appliances or technology located on top of the vehicle. In addition, the standard clearance above the vehicle may be impacted by station- mounted tracks or equipment used to provide positive attachment to vehicle exhaust pipes to prevent vehicle exhaust from contaminating station air. (6) Storage for turnout gear Personal Protective Equipment (PPE) is required at or near the vehicles. Storage may be in either lockers or open racks. THE STANDARD FOR STORAGE IS AT LEAST 10 SQUARE FEET (0.9 SQUARE METER) PER FIREFIGHTER. Locker sizes are typically 2-1l2 feet (0.7 M) deep by 3 foot (0.9 M) wide with space in front of the locker approximately 2 feet (0.6 M) deep by 3 feet (0.9 M) wide. The storage area should receive sufficient natural or forced ventilation to completely air-dry _ clothing between shifts and where possible recessed into a wall to keep clear of personnel movement. PPE in lockers should not be exposed to direct sources of IS AC 150/5210-15A 9/10/2008 ultra-violet (UV) light, which degrades the protective qualities of PPE and reTuces its'-fife-spar,. (7) There will always be items in need of storage that were not anticipated, or that require additional space as an ARFF department grows. It is recommended that the amount of storage for the apparatus bays should be approximately 10% of the total area. Storage for hoses, mechanical hose drying equipment or devices (refer to paragraph 3.12 of this chapter), tools and equipment, as well as medics} and first aid supplies are part of this area, while storage for vehicle equipment parts and foam/dry chemicals is separate. d. Electrical Details. (1) Recommended lighting levels. are discussed in Paragraph 4-5, Lighting. (2) Convenient electrical outlets on usable walls should be approximately 18 to 24 inches (46 to 61 cm) above the floor with 8-foot (2.4 M) centers. Outlets should not be recessed into the vehicle bay floor. (3) Appropriate electrical supplies should be provided for vehicles fitted with engine heaters, battery charging/conditioning devices, 110 volt air compressors, or other protective equipment. All such connections Should be designed for quick and safe disconnection. All power cords that are to be attached to the apparatus should be mounted in such a way so as to not create an obstacle or hazard to firefighters running to their trucks. Retractable reels and automatic disconnects should be considered. e. Interior Environment. (1) A means of exhausting vehicle exhaust fumes to the external environment is recommended to avoid air contamination within the vehicle roam (Paragraph 4-. 12, Ventilation). The ARFF station will prevent exposure to firefighters- and contamination of living and sleeping areas from exhaust emissions. (2) A separate heating control is recommended to maintain a vehicle room temperature~of at least 55°F (13°C). Paragraph 4-14, Room Temperatures, provides recommended station room temperatures. In stations where high ambient temperatures and humidity are prevalent, some form, of climate controt may also be necessary. (3) Carbon monoxide detectors must be used to detect excess exhaust fumes in the living quarters per Occupational Safety and Health Act (OSHA) standards. (4) Wall surface materials should have easy-to-clean and maintenance-free qualities.. Wall finishes should be selected for long-term maintenance-free characteristics rather than initial low cost. 16 9/10/2008 AC 150/5210-15A Vehicle Support Equipment. (1) One overhead hoist with a minimum working capacity of one ton is recommended for the lifting of foam drums, nitrogen tanks, and other equipment onto the vehicles: (2) A water connection(s) for the refilling of a vehicle's water tank is recommended for each apparatus bay (AC 150/5220-4, Water Supply Systems for Aircraft Fire and Rescue Protection}. (3) A nearby utility room or designated area within the vehicle room with a hot and cold water source, a deep slop sink, and mop ringer should be provided. This utility room should be from 64 square feet (6.0 square meters) to 100 square feet (9.3 square meters), depending upon station size, to include storage space for cleaning equipment and supplies. An additional utility room, when justified, may be required based on the station floor plan. This closet is separate from the janitor's closet for the living and administrative areas. (4) Hose bibs and retractable hose reels must be conveniently located for washing apparatus and equipment. All service lines, air, water, and foam. will be equipped with isolation valves easily accessible to firefighters. These isolation valves are critical to minimize disruption to all bays, due to a failure in one. For example, a broken air line without individual isolation valves would eliminate all air service to the Apparatus Bays. (5) A compressed air supply capable of providing an operating pressure of at least I20 psi (825 kPa) at the end of a run should be provided for maintenance, vehicle readiness (air supply), painting, and cleaning. A retractable air line should be available for connection to each ARFF vehicle to supplement vehicle air systems: Each air line should be equipped with an auto-disconnect type fitting matched with the apparatus' air inlet. Apparatus that have 110-volt air compressors will only use the air lines as a back up, while those without 110- .volt air compressors will use_it as a primary source of air. The air compressor should be of sufficient size to operate the ARFF bay exhaust system as well. {6) A .SOURCE FOR FOAM AGENT RECHARGE MUST BE PROVIDED. ALTERNATIVES ARE EITHER A SINGLE COMMON OR INDIVIDUAL BAY FOAM STORAGE TANKS OR A STORAGE AREA WITH A PUMPING SYSTEM THAT HOUSES FOAM CONCENTRATE CONTAINERS ABOVE 32°F (0°C}. CAPACITY MUST, BE SUFFICIENT TO FILL ALL VEHICLES WITH AT LEAST TWICE THEIR ASSIGNED CAPACITY (i.e. if the total aggregate foam capacity of all assigned ARFF vehicles is 500 gallons, then the amount required for storage to reservice a!1 vehicles is twice the assigned vehicle capacities, or 1000 gallons). For built-in supply facilities, an overflow system to capture excess foam should be provided. The size of a pump room is related to the airport's ARFF Index and can range from 200 square feet (18.6 square meters} (Index A) to 500 square feet (46.5 square meters} (Index E). In bays designed for rapid re-service, the foam concentrate must be delivered to the truck through a hard rubber hose which can (~ be attached to the ARFF vehicles' 1-1/2 inch (6 cm) National Standard Thread (NST) connection, which fills the ARFF vehicle foam tank from the bottom of 17 AC 150/5210-1 SA 9/10/2008 the foam concentrate reservoir. Filling by this_method reduces the amount of agitation to the foam concentrate and reducing "suds", allowing for a complete filling of the foam concentrate reservoir. Foam re-service in bays not designed for rapid re-service, but rather to "top ofP' foam concentrate reservoirs, can be done from the top of the vehicle. Overhead reels and a 3/-inch (2 cm) rubber hose can deliver foam pumped from the station foam concentrate storage tank(s). The delivery end of the hose should be equipped with ashut-off and a 12-16 inch (30-40 cm) extension pipe, or probe, to reduce turbulence of the concentrate caused by the valve and, when possible, to penetrate below the level of the concentrate during the filling of the reservoir to reduce "suds". The foam room should be equipped with a foam storage tank(s) of sufficient capacity to refill all vehicles twice with the full capacity of their foam capacity reservoirs. In addition to the fixed tank(s), this room should be. equipped with pumps to draw the foam concentrate out of 55 gallon (208.2 Liter) drums or smaller "totes". The tank(s) could also be refilled through direct connection fills to allow tanker deliveries. The tank(s) should also be equipped with a redundant pump system for foam concentrate being pumped to the ARFF vehicle re-supply hose reel(s) in the apparatus bays. The foam room should be heated (if appropriate) and designed with a floor drain(s) at a low point. The doors to this room should be Large enough to remove and replace the foam tanks}, or pumps, as needed. g. Vehicle.Ba~Doors. (1) THE STANDARDS FOR THE SMALLEST. INSTALLED VEHICLE BAY DOOR ARE 18 FEET (5.48 M) IN WIDTH AND I8 FEET (5.48 M) IN HEIGHT. However, smaller doors, no less that 16 feet (4.87 m) in width and 16 feet (4.87 m) in height, may be considered and used as appropriate. (2) THE STANDARD FOR THE MAXIMUM TIME TO FULLY OPEN ANY VEHICLE BAY DOOR IS 16 SECONDS, or approximately 1 foot (0.3 M) per second. This can be achieved by manual remote control from the alarmlwatch room or from the side(s) of each vehicle bay door, manually from a door pull chain, or automatically by the alarm system. Manual door pull chain should be "placed on the .driver's side. For vehicles with center consoles, pull chain placement should be on the left side. (3) EACH ELECTRIC VEHICLE BAY DOOR MUST HAVE .A MANUAL OVERRIDE THAT IS OPERABLE BY ONE PERSON AND MUST FULLY OPEN ANY VEHICLE BAY DOOR WITHIN THE MAXIMUM 16 SECOND OPENING STANDARD. A separate master door override that is capable of opening all apparatus bay doors must be located in apparatus bay areas, and/or watch alarm room or dispatch room. . ~ (4) Vehicle bay doors should be equipped with adjustable timers so that the energy . lost in the bays when the doors are open can be minimized. Stations that do not (~ have a staffed watch/alarm room when vehicles are out may utilize remote door openers that can be carried in the vehicle(s) to open the doors when returning. 18 9/10/2008 AC I50/5210-15A (5) An' automatic vehicle bay door retractor should be installed to reverse the aownwar~lc motion oT a door -upon contact with an individual or equipment.. Pneumatically-operated sensing devices .are not reliable in areas subject to sustained cold weather. (6) Electric eyes should be installed wherein ifthe beam is broken it will reverse the direction of a closing door. The electric eyes should be mounted at a height that .will protect personnel and, also, so that the beam wilt see the portion of the ARFF vehicle that is most forward, such as a bumper turret, bumper or crash bar. (7) A vehicle bay door window should be placed to enable one to see the apron from both the vehicle bay floor and the vehicle's driver seat. (8) For energy conservation and noise attenuation, vehicle bay doors should be insulated and weather-stripped. (9) In addition to the above, a red warning light inside the bay doors' must be used that will automatically deploy whenever the bay doors are in use. The location of this red light must be such. that it is clearly visible to ARFF personnel. h. Vehicle Room Floor. (1) Vehicle room floor design should not only support the current heaviest .loaded vehicle but make allowances for an increase in future vehicle weights. To minimize injury to personnel, floors adjacent to the apparatus bays should be the same elevation as the bay floor. In cold climates, vehicle room floors should have in-floor heating units. There are a number of benefits to heated floors. Heated floors. provide consistent heat across the entire space and trucks returning to quarters after sustained exposure to extreme cold'are heated from the bottom,.which is where the greatest exposure has occurred. Standing water on heated floors dries quickly removing slippery hazards. For locations where the mean average temperature is at or below 32°F or 0°C, for extended periods, consideration should be provided for in-floor heating systems. (2) Floor surface finishes should be resistant to hydrocarbon fuels, foam concentrates, antifreeze, battery acid, etc., and be smooth and easy to clean. There are a number of products designed for fire apparatus floors that provide color options, protection from the penetration of foam concentrates and fuel products which can leak from a vehicle. These products are available with varying levels of non-skid texture and are easy to maintain. (3) The recommended slope of the vehicle room floor to the drain{s) is 1 inch to 10 feet (2.5 cm to 3 M). (4) One transverse drain with heavy gauge covers should be located at the vehicle bay door(s) to receive surface water from the. bay(s) and the forecourt. It is further recommended that each bay have either a shallow trough or catch basin' floor drain equipped with asediment/grease trap. Troughs are preferable in cold (- climates because of the greater ease in handling ice and snow that may be brought into the station by vehicles during winter. ]9 FAA ADVISORY CIRCULAR 150/5370-2E OPERATIONAL SAFETY ON AIRPORTS DURING CONSTRUCTION ~~' Adviso U.S. Department of Transportation Federal Aviation ^ C~ rc u l a r Administration Subject: OPERATIONAL SAFETY ON AIRPORTS DURING CONSTRUCTION 1. THE PURPOSE OF THIS ADVISORY CIRCULAR (AC). Aviation safety is the primary consideration at airports, especially during construction. This AC sets forth guidelines for operational safety on airports during construction. It contains major changes to the following areas: "Runway Safety Area," paragraph 3-2; "Taxiway Safety Areas/Object-Free Areas," paragraph 3-3; "Overview," paragraph 3-4; "Marking Guidelines for Temporary Threshold," paragraph 3-5; and ."Hazard Marking and Lighting," paragraph 3-9. 2. WHAT THIS AC CANCELS. This AC cancels AC 150/5370-2D, Operational Safety on Airports During Construction, dated May 31, 2002. 3. READING MATERIAL RELATED TO THIS AC. Appendix 1 contains a list of reading materials on airport construction, design, and potential safety hazards during construction, as well as instructions for ordering these documents. Many of them, including this AC, are available on the Federal Aviation Administration (FAA) Web site. cvu ~-.~ Date: 1/!7/03 AC No: 150!5370-2E Initiated by: AAS-300 Change: 4. WHO THIS AC AFFECTS. This AC assists airport operators in complying with 14 Code of Federal Regulations (CFR), part 139, Certification and Operation: Land .Airports Serving Certain Air Carvers, and with the requirements of airport construction projects receiving funds under the Airport Improvement Program or from the Passenger Facility Charge Program. While the FAA does not require noncertificated airports without grant agreements to adhere to these guidelines, we recommend that they do so as it will help these airports maintain a desirable level of operational safety during construction. 5. ADDITIONAL BACKGROUND INFORMATION. Appendix 2 contains definitions of terms used in this AC. Appendix 3 provides airport operators with boilerplate format and language for developing a safety plan for an airport construction project: Appendix 4 is a sample Notice to Airmen form. 6. HAZARD LIGHTING IMPLEMENTATION TIME LINE. Supplemental hazard lighting must be red in color by October 1, 2004. See paragraph 3-9 for more information. DAVID L. BENNETT Director, Office of Airport Safety and Standards 1/i 7/03 CONTENTS Paragraph AC i 50/5370-2E Paae CHAPTER 1. GENERAL SAFETY REQUIREMENTS AND RESPONSIBILITIES .................................................1 t -1. Overview .................................................................................................................................................................. I I-2. Who Is Responsible for Safety During Construction ...............................................................................................1 CHAPTER 2. SAFETY PLANS ................................................................................................................................3 Section 1. Basic Safety Plan Considerations ..................................... ..................................................................3 2-1. Overview ......................................................................................... .........................................................................3 2-2. Safety Plan Checklist ....................................................................... .........................................................................3 Section 2: Safety and Security Measures ......:.................................... ................:.................................................4 2-3. Overview ............:.............:.............................................................. .........................................................................4 2-4. Vehicle Operation and Marking and Pedestrian Control ................. ......................:.:....................:...........................4 2-5. Construction Employee Parking Areas ............................................ ......................................................................... S 2-6. Construction Vehicle Equipment Pazking ....................................... .........................................................................5 2-7. Radio Communication Training......: ............................................... ........................:................................................5 2-8. Fencing and Gates ........................................................................... .........................................................................5 Section 3. Notification of Construction Activities ................................................................................................5 2-9. General ............................................................................................ ..........................................................:..............5 2-10. Assuring Prompt Notifications .......................................:................ ....:......:...........................................:.................6 2-11. Notices to Airmen (NOTAMs} ........:............................................... ..........:.............................................................. b 2-12. Aircra$ Rescue and Fire Fighting (ARFF) Notification ...:....:......... .........................................................................6 2-13. Notification to the FAA ................:.................................................. .......................................................................:.6 2-14. Work Scheduling and Accomplishment .......................................... .........................................................................6 CHAPTER 3. SAFETY STANDARDS AND GUIDELINES .............:........................................................................7 Section 1. Runway and Taxiway Safety Areas, Obstacle-Free Zones, and Object-Free Areas ...............:......7 3-1. Overview ..................................:...:..........,.....................................................................:.......................................... 7 3-2. Runway Safety Area (RSA)/Obstacle-Free Zone (OFZ) ..........:...............................................................................7 3-3. Taxiway Safety Areas/Object-Free Areas ........................:..........................................:............................................7 Section 2. Temporary Runway Thresholds .....................................................................:..............:.....................8 3-4. Overview ....................................................................:................:........................................................:..........:........ 8 3-5. Marking Guidelines for Temporary Threshold .........................................................................................................8 3-6. Lighting Guidelines for Temporary Threshold .........................................................................................................9 Section 3. Other Construction Marking and Lighting Activities .........................................:..................:.........10 3-7. Overview .......................:.....:.................................................................................................................................. 10 3-8. Closed Runway and Taxiway Marking and Lighting ............................................................................................. 10 3-9. Hazard Marking and Ligh#ing .................................................................................................................:.............. 10 3-10. Construction Near Navigational Aids (NAVAIDs) ................................................................................................ 1 I 3-11. Construction Site Access and Haul Roads .......:.........................................:............................................................ l l 3-12'. Construction Material Stockpiling ...................................................................................:...................................... l l 3-13. Other Limitations on Construction ......................................................................................................................... I 1 3-14. Foreign Object Debris (FOD) Management ........................................................................................................... 12 Section 4. Safety Hazards and Impacts ..............................................................................................................12 3- 15. Overview ................................................................................................................................................................12 AC 150/5370-2E 1/17/03 Appendices APPENDIX I . RELATED READING MATERIAL ................................................................................................... A-1 APPENDIX 2. DEFIMTIONS OF TERMS USED IN THE AC ......:........................................................................... A-2 APPENDIX 3. AIRPORT CONSTRUCTION SAFETY PLANNING GUIDE .............................................................. A-3 APPENDIX 4. SAMPLE NOTAM ............................................................................................................................ A-7 iv 1/17/03 AC 150/537Q-2E CHAPTER 1. GENERAL SAFETY REQUIREMENTS AND RESPONSIBILITIES 1-1. OVERVIEW. Hazardous practices and marginal conditions created by construction activities can decrease or jeopardize operational safety on airports. To minimize disruption of normal aircraft operations and to avoid situations that compromise the airport's operational safety, the airport operator must carefully plan, schedule, and coordinate construction activities. While the guidance in this AC is primarily used for construction operations, some of the methods and procedures described may also enhance day- to-day maintenance operations. 1-2. WHO IS RESPONSIBLE FOR SAFETY DURING CONSTRUCTION. An airport operator has overall responsibility for construction activities on an airport. This includes the predesign, design, preconstruction, construction,. and inspection phases. Additional information on these responsibilities can be found throughout this AC. a. Airport operator's responsibilities- (1) Develop internally or approve a construction safety-plan developed by an outside consultant/contractor that complies with the safety guidelines in.Chapter 2, "Safety Plans," and Appendix 3, "Airport Construction Safety Planning Guide," of this AC. (2) Require contractors to submit plans indicating how they intend to comply with the safety requirements of the project. (3) Convene a meeting with the construction contractor, consultant,. airport employees, and, if appropriate, tenant sponsor to review and discuss project safety before beginning construction activity. (4) Ensure contact information is accurate for each representative/point ofcontact identified in the safety plan. (5) Hold weekly or, if necessary, daily safety meetings to coordinate activities. (ti) Notify users, especially aircraft rescue and fire fighting (ARFF) personnel, of construction activity and conditions that may adversely affect the operational safety of the airport via Notices to Airmen (NOTAMs) or other methods, as appropriate. Convene a meeting for review and discussion if necessary. ('~ Ensure that construction personnel know of any applicable airport procedures and of changes to _ those procedures that may affect their work. (8} Ensure that construction contractors and subcontractors undergo training required by the safety plan. (9) Develop andlor coordinate a construction vehicle plan with airport tenants, the airport traffic control tower (ATCT), and construction contractors, Include the vehicle plan in the safety plan. See Chapter 2, section 2, of this AC for additional information. (10) Ensure tenants and contractors comply with standards and procedures for vehicle lighting, marking, access, operation, and communication. (11) At certificated airports, ensure that each tenant's construction safety plan is consistent with 14 CFR part 139, Certification and Operations: Land Airports Serving Certain Air Carriers. (12) Conduct frequent inspections to ensure construction contractors and tenants comply with the safety plan and that altered construction activities do not create potential safety hazards. (I3) Resolve safety deficiencies immediately. (14) Ensure construction access complies with the security requirements of 49 CFR part 1542, Airport Security. (15) Notify appropriate parties when conditions exist that invoke provisions of the safety plan (e.g., implementation oflow-visibility operations}. b. Construction contractor's responsibilities- (1) Submit plans to the airport operator on how to comply with the safety requirements of the project. (2) Have available a copy of the project safety plan. (3) Comply with the safety plan associated with the construction project and ensure that construction personnel are familiar with safety procedures and regulations on the airport. (4) Provide a point of contact who will coordinate an immediate response to correct any construction-related activity that may adversely affect the operational safety of the airport. (5) Provide a safety officerlwnstruction inspector familiar with airport safety to monitor construction activities. (~ Restrict movement of construction vehicles to construction areas by flagging and barricading, erecting temporary fencing, or providing escorts, as appropriate. AC 150/5370-2E 1117/03 {'l~ Ensure that no construction employees, construction-related activity that may adversely affect the •mployees of subcontractors or suppliers, or other persons operational safety of the airport. ,nter any part of the air operations areas (AOAs) from the {3) Ensure that no tenant or construction construction site unless authorized. employees, employees of subcontractors or suppliers, or c. Tenant's responsibilities if planning any other persons enter any part of the AOA from the construction activities on leased property- construction site unless authorized. (i) Develop a safety plan, and submit it to the (4) Restrict movement of construction . airport operator for approval prior to issuance of a Notice vehicles to construction areas by flagging and barricading to Proceed. or erecting temporary fencing. (2) Provide a point of contact who will coordinate an immedia#e response to correct any 2 1/17/03 CHAPTER 2. SAFETY PLANS Section 7. Basic Safety Plan Considerations 2-1. OVERVIEW. Airport operators should coordinate safety issues with the air carriers, FAA Airway Facilities, and other airport tenants before the design phase of the project. The airport operator should identify project safety concerns, requirements, and impacts before making arrangements with contractors and other personnel to perform work on an airport. These safety concerns will serve as the foundation for the construction safety plan and help maintain a high level of aviation safety during the project. The airport operator should determine the level of complexity of the safety plan that is necessary for each construction project and its phases. The safety plan may be detailed in the specifications included in the invitation for bids, or the invitation for bid may specify that the contractor develop the safety plan and the airport operator approve it. In the latter case, the invitation for bid should contain sufficient information to allow the contractor to develop and determine the costs associated with the safety plan. In either case, safety plan costs should be incorporated into. the total cost of the project. The airport operator has final approval authority and responsibility for all safety plans. Coordination will vary from format predesign conferences to informal contacts throughout the duration of the construction project. Details of a specified safety plan, or requirements for a contractor-developed safety plan, should be discussed at the predesign and preconstruction conferences and should include the following; as appropriate: a. Actions necessary before starting construction, including defining and assigning responsibilities. b. Basic responsibilities and procedures for disseminating instructions about airport procedures to the contractor's personnel. c. Means of separating construction areas from aeronautical-use areas. d. Navigational aid (NAVAID) requirements and weather. AC 150!5370-2E 2-2. SAFETY PLAN CHECKLIST. To the extent applicable, the safety plan should address the following: a. Scope of work to be performed, including proposed duration of work. b. Runway and taxiway marking and lighting. c. Procedures for protecting all runway and taxiway safety areas, obstacle-free zones (OFZs), object-free areas (OFAs), and threshold citing criteria outlined in AC 150/5300-13, Airport Design, and as described in this AC. This includes limitations on equipment height and stockpiled material d. Areas and operations affected by the construction activity, including possible safety problems. e. NAVAIDs that could be affected, especially critical azea boundaries. T Methods of separating vehicle and pedestrian construction trafFtc from the airport movement areas. This may include fencing off construction areas to keep equipment operators in restricted azeas in which they are authorized to operate. Fencing, or some other form of restrictive barrier, is an operational necessity in some cases. g. Procedures and equipment, such as barricades (identify type), to delineate closed construction $reas from the airport operational areas, as necessary. h. Limitations on construction. i. Required compliance of contractor personnel with all airport safety and security measures. j. Location of stockpiled construction materials, construction site parking, and access and haul roads. k. Radio communications. 1. Vehicle identification. e. Mazking and lighting plan illustrations. f. Methods of coordinating significant changes in airport operations with all the appropriate parties. m. Trenches and excavations and cover requirements. AC 150/5370-2E n. Procedures for notifying ARFF personnel if •vater lines or fire hydrants must be deactivated or if .mergency access routes must be rerouted or blocked. o. Emergency notification procedures for medical and police response. p. Use of temporary visual aids. q. Wildlife management. r. Foreign object debris (FOD) control provisions s. Hazardous materials (HAZMAT) management. t. NOTAM issuance. vrno3 w. Procedures for contacting responsible representatives/points of contact for all involved parties. This should include off-duty contact information so an immediate response may be coordinated to correct any construction-related activity that could adversely affect the operational safety of the airport. Particular care should be taken to ensure that appropriate Airways Facilities personnel aze identified in the event that an. unanticipated utility outage or cable cut occurs that impacts FAA NAVAIDs. x. Vehicle operator training. y. Penalty provisions for noncompliance with airport rules and. regulations and the safety plan (e.g., if a vehicle is involved in a runway incursion). u. Inspection requirements. z. Any special conditions that affect the operation of the airport and will require a portion of the safety plan v. Procedures for locating and protecting existing to be activated (e.g., low-visibility operations, snow underground utilities,.cables, wires, pipelines, and other removal). underground facilities in excavation areas:' Section 2. Safety and Security Measures 2-3. OVERVIEW. Airport operators are responsible for closely monitoring °nant and construction contractor activity during the . ,onstructiort project to.ensure continual compliance with all safety and security requirements. Airports subject to 49 CFR part 1542, Airport Security, must meet standards for access control, movement of ground vehicles, and identification of construction contractor and tenant personnel. In addition, airport operators should use safety program standards, as described in Chapter 3 of this AC, to develop specific safety measures to which tenants and construction contractors must adhere throughout the . duration of construction activities. General safety provisions are contained in AC 150/5370-10, Standards forSpec~ing Construction of Airports, paragraphs 40-05, "Maintenance of Traffic"; 70-08, "Barricades, Warning Signs, and Hazard Markings"; and 80-04, "Limitation of Operations." At any time during construction, aircraft operations, weather, security, or local airport rules may dictate more stringent safety measures. The airport operator should ensure that both general ar-d specific safety requirements aze oordinated with airport tenants and ATCT personnel. Fire airport operator should also include these parties in t?£tl:e coordination of all bid documents, construction plans, `and specifications for on-airport construction projects. 2-4. VEHICLE OPERATION AND MARKING AND PEDESTRIAN CONTROL. Vehicle and pedestrian access routes for airport construction projects must be controlled to prevent inadvertent or unauthorized entry of persons, vehicles, or animals onto the AOA. This includes aircraft movement and nonmovement areas. The airport operator should develop and coordinate a construction vehicle plan with airport tenants, contractors, and the ATCT. The safety. plan or invitation for bid should include specific vehicle and pedestrian requirements. The vehicle plan should contain the following items: a. Airport operator's rules and regulations for vehicle marking, lighting, and operation. b. Requirements for marking and identifying vehicles in accordance with AC 150/5210-5, Painting, Marking, and Lighting of Vehicles Used on an Airport. c. Description of proper vehicle operations on movement and nonmovement areas under normal, lost communications, and emergency conditions. d. Penalties for noncompliance with driving rules and regulations. e. Training requirements for vehicle drivers to ensure compliance with the airport operator's vehicle rules and regulations. f. Provisions for radio communication training for construction contractor personnel engaged in construction activities around aircraft movement areas. Some drivers, 4 1/17/03 such as construction drivers under escort, may not require this training. g. Escort procedures for construction vehicles requiring access to aircraft movement areas. A vehicle in the movement area must have a working aviation-band, two-way radio unless it is under escort. Vehicles can be in closed areas without a radio if the closed area is properly marked and lighted to prevent incursions and a NOTAM regarding the closure is issued. h. Monitoring procedures to ensure that vehicle drivers are in compliance with the construction vehicle plan. i. Procedures for, if appropriate, personnel to control access through gates and fencing or across aircraft movement areas. 2-5. CONSTRUCTION EMPLOYEE PARKING AREAS. Designate in advance vehicle parking areas.for contractor .employees to prevent any unauthorized entry of persons or vehicles onto the airport movement area. These areas should provide reasonable contractor employee access to the job site. 2-6. CONSTRUCTION VEHICLE EQUIPMENT PARKING. Construction employees must park and service al] construction vehicles in an area designated by the airport operator outside the runway safety areas and OFZs and never on a closed taxiway or runway. Employees should also park construction vehicles outside the OFA when not in use by construction personnel (e.g., overnight, on weekends; or during other periods when construction is not active). Parking areas must not obstruct the clear line of sight by the ATCT to any taxiways or mnways under air traffic control nor obstruct any runway visual aids, signs, or navigational aids. The FAA must also study those areas to determine effects on 14 CFR part 77, Objects Affecting Navigable Airspace, surfaces (see paragraph 2-13 for further information}. 2-7. RADIO COMMUNICATION TRAINING. The airport operator must ensure that tenant and construction contractor personnel engaged in activities involving unescorted operation on aircraft movement AC 150!5370-2E areas observe the proper procedures for communications, including using appropriate radio frequencies at airports with and without ATCTs. Training of contractors on proper communication procedures is essential for maintaining airport operational safety. When operating vehicles on or near open runways or taxiways, construction personnel must understand the critical importance of maintaining radio contact with airport operations, ATCT, or the Common Traffic Advisory Frequency, which may include UNICOM, MULTICOM, or one of the FAA Flight Service Stations (FSS), as directed by airport management. Vehicular traffic crossing active movement areas must be controlled either by two-way radio with the ATCT, escort, flagman, signa! light, or other means appropriate for the particular airport. Vehicle drivers must confirm by personal observation that no aircraft is approaching their position when given clearance to cross a runway. In addition, it is the responsibility ofthe escort vehicle driver io verify the movement/position of all escorted vehicles at any given time. Even though radio communication is maintained, escort vehicle drivers must also familiarize themselves with ATCT light gun signals in the event of radio failure (see `the FAA safety placard "Ground Vehicle Guide to Airport Signs and Markings"). This safety placard maybe ordered through the Runway Safety Program Web site at http://www.faarsp.org or obtained from the Regional Airports Division Office. 2-8. FENCING AND GATES. Airport operators and contractors must take care to maintain a high level of safety and security during construction when access points are created in the security fencing to permit the passage of construction vehicles or personnel. Temporary gates should be equipped so they can be securely closed and locked to prevent access by animals and people (especially minors). Procedures should be in place to ensure that only authorized persons and vehicles have access to the AOA and to prohibit "piggybacking" behind another person or vehicle. The Department of Transportation (DOT) document DOT/FAA/AR-00/52, Recommended Security Guidelines for Airport Planning and Construction, provides more specific information on fencing. A copy of this document can be obtained from the Airport Consultants Council, Airports Council International, or American Association of Airport Executives. Section 3. Notification of Construction Activities 2-9. GENERAL. plan should contain the notification actions described below. In order to maintain the desired levels of operational safety on airports during construction activities, the safety AC 150/5370-2E 2-10. ENSURING PROMPT NOTIFICATIONS. Che airport operator should establish and follow procedures for the immediate notification of airport users and the FAA of any conditions adversely affecting the operational safety of an airport. 2-11. NOTICES TO AIRMEN (NOTAMS). The airport operator must provide information on closed or hazardous conditions on airport movement areas to the FSS so it can issue a NOTAM. The airport operator must coordinate the issuance, maintenance, and cancellation of NOTAMs about airport conditions resulting from construction activities with tenants and the local air traffic facility (control tower, approach control, or air traffic control center.. Refer to AC l 50/5200-28, Notices to Airmen (NOTAMsj for Airport Operators, and Appendix 4 in this AC fora sample NOTAM form. Only the FAA may issue or cancel NOTAMs on shutdown or irregular operation of FAA-owned facilities, Only the airport operator or an authorized representative may issue or cancel NOTAMs on airport conditions. (The airport owner/operator is the only entity that can close or open a runway:) The airport operator must file and maintain this list of authorized representatives with the FSS. Any person having reason to believe that a NOTAM is missing, incomplete, or inaccurate must notify the airport operator. -1Z. AIRCRAFT RESCUE AND FIRE FIGHTING (ARFF) NOTIFICATION. The safety plan must provide procedures for notifying ARFF personnel, mutual aid providers, and other emergency services if construction requires shutting off or otherwise disrupting any water line or fire hydrant on the airport or adjoining areas and if contractors work with hazardous material on the asrfieid. Notification procedures must also be developed for notifying ARFF and all other emergency personnel when the work performed will close or affect any emergency routes. Likewise, the procedures must address appropriate notifications when services are restored. 2-13. NOTIFICATION TO THE FAA. For certain airport projects, 14 CFR part 77 requires notification to the FAA. In addition to applications made for Federally funded construction, 14 CFR part 157, Notice of Construction, Alteration, Activation, and 1117/03 Deactivation of Airports, requires that the airport operator notify the FAA in writing whenever anon-Federally funded project involves the construction of a new airport; the construction, realigning, altering, activating, or abandoning of a runway, landing strip, or associated taxiway; or the deactivation or abandoning of an entire airport. Notification involves submitting.FAA Form 7480-1, Notice of Landing Area Proposal, to the nearest FAA Regional Airports Division Office or Airports District Office. Also, any person proposing any kind of construction or alteration of objects that affect navigable airspace, as defined in 14 CFR part 77 must notify the FAA: This includes construction equipment and proposed parking areas for this equipment (i.e., cranes, graders, etc.). FAA Form 7460-1, Notice of Proposed Construction or Alteration, can be used for this purpose and submitted to the FAA Regional Airports Division Office or Airports District Office. (See AC 70/7460-2, Proposed Construction or Alteration of Objects that May Affect the Navigable Airspace.) If construction operations require a shutdown of an airport owned NAVAID from service for more than 24 hours or in excess of 4 hours daily on consecutive days, we recommend a 45-day minimum notice prior to facility shutdown. Coordinate work for a FAA owned NAVAID shutdown with the local FAA Airways Facilities Office. In addition, procedures that address unanticipated utility outages and cable cuts that could impact FAA NAVAIDs must be addressed. 2-14. WORK SCHEDULING AND ACCOMPLISHMENT. Airport operators-or tenants having construction on their leased properties-should use predesign, prebid, and preconstruction conferences to introduce the subject of airport operational safety during construction (see AC 150/5300-9, Predesign, Prebi'd, and Preconstruction Conferences for Airport Grant Projects). The airport operator, tenants, and construction contractors should integrate operational safety requirements into their planning and work schedules as early as practical. Operational safety should. be a standing agenda item for discussion during progress meetings throughout the project. The contractor and airport operator should carry out onsite inspections throughout the project and immediately remedy any deficiencies, whether caused by negligence, oversight, or project scope change. 1/17/03 AC 150/5370-2E CHAPTER 3. SAFETY STANDARDS AND GUIDELINES Section 1. Runway and Taxiway Safety Areas, Obstacle-Free Zones, and Object-Free Areas 3-1. OVERVIEW. Airport operators must use these safety guidelines when preparing plans and specifications for construction activities in areas that may interfere with aircraft operations. The safety plan should recognize and address these standazds for each airport construction project. However, the safety plan must reflect the specific needs of a particular project, and for this reason, these safety guidelines should not be incorporated verbatim into project specifications. For additional guidance on meeting safety and security requirements, refer to the planning-.guide template included in Appendix 3 of this AC. 3-2. RUNWAY SAFETY AREA (RSA)! OBSTACLE-FREE ZONE (OFZ). A runway safety area is the defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion. from the runway (see AC 150/5300-13, Airport Design). Construction activities within the standazd RSA are subject to the following conditions: a. Runway edges. (1) No construction may occur closer than 200 feet (60m) from the runway centerline unless the runway is closed or restricted to aircraft operations, requiring an RSA that is equal to the RSA width available during construction, or 400 feet, whichever is less (see. AC 150/5300-13, Tables 3-1 through 3-3). (2) Personnel, material, and/or equipment must not penetrate the OFZ, as defined in AC 150/5300- 13. {3) The airport operator must coordinate the construction activity in the RSA as permitted above with the ATCT and the FAA Regional Airports Division Office or appropriate Airports District Office and issue a local NOTAM. b. Runway ends. (1) An RSA must be maintained of such dimensions that it extends beyond the end of the runway a distance equal to that which existed before construction activity, unless the runway is closed or restricted to aircraft operations for which the reduced RSA is adequate (see AC 150/5300-13). The temporary use of declazed distances and/or partial runway closures may help provide the necessary RSA. In addition, all personnel, materials, and/or equipment must remain clear of the applicable threshold siting surfaces, as defined in Appendix 2, "Threshold Siting Requirements," of AC 150/5300-13.` Consult with the appropriate FAA Regional Airports Division Office or Airports District Office to determine the appropriate approach surface required. (2) Personnel, material, and/or equipment must not penetrate the OFZ, as defined in AC 150/5300- 13. (3) The safety plan must provide procedures for ensuring adequate distance for blast protection, if required by operational considerations. (4) The airport operator must coordinate construction activity in this portion of the RSA with the ATCT and the FAA Regional Airports Division Office or appropriate Airports District Office and issue a local NOTAM. c. Excavations. (1) Construction contractors must prominently mark open trenches and excavations at the construction site with red or orange flags, as approved by the airport operator, and light them with red lights during hours of restricted visibility or dazkness. (2) Open trenches or excavations are not permitted within 200 feet (60m) of the runway centerline and at least the existing RSA distance from the runway threshold while the runway is open. If the runway must be opened before excavations are backfilled, cover the excavations appropriately. Coverings for open trenches or excavations must be of sufficient strength to support the weight of the heaviest aircraft operating on the runway. 3-3. TAXIWAY SAFETY AREAS/OBJECT- FREE AREAS. a. Unrestricted construction activity is permissible adjacent to taxiways when the taxiway is restricted to aircraft such that the available taxiway safety area is equal 'If a full safety area cannot be obtained through declazed distances and partial closures, or other methods such as alternate runway use, construction activity may.operate in the RSA as long as conditions cited in paragraph 3-l b(2) thru (4) are met. In addition, various surfaces outlined in AC 150/5300-13 and Terminal Instrument Procedures (TERPS) must be protected through an aeronautical study- AC 150/5370-2E to at least %z of the widest wingspan of the aircraft expected to use the taxiway and the available taxiway ,bject-free area is equal to at least .7 times the widest wingspan plus 10 feet. (See AC 150/5300-13 for. guidance on taxiway safety and object-free areas.) Construction activity may be accomplished closer to a taxiway, subject to the following restrictions: (1) The activity is first. coordinated with the airport operator. (2) Appropriate NOTAMs are issued. (3) Marking and lighting meeting the provisions of paragraph 3-9 are implemented. (4) Adequate cleazance is maintained between equipment and materials and any part of an aircraft. If such clearance can only be maintained if an aircraft does not have full use of the entire taxiway width (with its 1/17/03 main landing gear at the edge of the pavement), then it will he necessary to move personnel and. equipment for each passing aircraft. In these situations, flag persons will be used to direct construction equipment, and wing walkers may be necessary to guide aircraft. Wing walkers should be airline/aviation personnel rather than construction workers. b. Construction contractors must prominently mark open trenches and excavations at the construction-site, as approved by the airport operator, and light them with red lights during hours of restricted visibility or darkness c. Excavations and open trenches may be permitted up to the edge of a structural taxiway and apron pavement provided the dropoff is marked and lighted per paragraph 3-9, "Hazard Marking and Lighting." Section 2. Temporary Runway Thresholds 3-4. OVERVIEW. Construction activity in a runway approach area may result. in the. need to partially close a runway or_dsplace _. the existing runway threshold. In either case, locate the threshold in accordance with Appendix 2 of AC 150/5300-13, Airport Design. Objects that do not ~enetrate these surfaces may still be obstructions to air navigation and may, affect standard instrument approach procedures.. Coordinate these objects with the FAA's Regional Airports Office or appropriate Airports District Oflice, as necessary. Refer to the current edition of AC 150/5300-13 for guidance on threshold siting requirements. The partial runway closure, the displacement of the runway threshold, as well as closures of the complete runway and other portions of the movement area also requires coordination with appropriate ATCT personnel and airport users. -such a displacement may also require an adjustment in the landing distance available and accelerate-stop distance available in the opposite direction. If project scope ___ _ncludes_personnel, equipment, excavation,_etc. within the__ RSA of any usable runway end, we do not recommend a displaced threshold unless arrivals and departures toward the construction activity are prohibited. Instead, implement a partial closure. 3-5. MARKING GUIDELINES FOR TEMPORARY THRESHOLD. Caution regarding partial runway closures: When filing a NOTAM for a partial runway closure, clearly state to FSS personnel that the portion of pavement located, prior to the threshold is not available for landing and departing traffic. In this case, the threshold has been moved for both landing and takeoff purposes (this is different than a displaced threshold). Example NOTAM: "North 1,000 feet of Runway 18/36 is closed; 7,000 feet remain available on Runway 18 and Runway 36 for arrivals and departures." There may be situations where the portion of closed runway is available for taxiing only. If so, the NOTAM must reflect this condition. Caution regarding displaced thresholds: Implementation of a displaced threshold affects runway °ngth available for aircraft landing over the .isplacement. Depending on the reason for the displacement (to provide obstruction clearance or RSA), Ensure that markings for temporary displaced thresholds are clearly visible to pilots approaching the airport to land. When construction persomtel and equipment are located close to any threshold, a temporary visual NAVAID, such as runway end identifier lights (REII,), may be required (even on unlighted runways) to define the new beginning of the runway clearly. A visual vertical guidance device; such as a visual approach slope indicator (VASI), pulse light approach slope indicator (PLASI}, or precision approach path indicator (PAPI), may be necessary to assure landing clearance over personnel, vehicles, equipment, and/or above-grade stockpiled materials. If such devices are installed, ensure an appropriate descriptive NOTAM is issued to inform pilots of these conditions. The current edition of AC 150/5340-1, Standards for Airport Markings, describes standard marking colors and Layouts. In addition, we recommend that a temporary runway threshold be marked using the following guidelines: a: Airport mazkings must be clearly visible to pilots; not misleading, confusing, or deceptive; secured in place to prevent movement by prop wash, jet blast, wing vortices, or other wind currents; and constructed of 1!17/03 materials that would minimize damage to an aircraft in the event of inadvertent contact. (I) Pavement markings for temporary closed portions of the runway should consist of yellow chevrons to identify pavement areas that are unsuitable for takeoff/landing (see AC 150/5340-1). If unable to paint the mazkings on the pavement, construct them from any of the following materials: double-layered painted snow fence, colored plastic, painted sheets of plywood, or similar materials. They must be properly configured and secured to prevent movement by prop wash, jet blast, or other wind currents. (2) It may be necessary to remove or cover runway markings, such as runway designation markings and aiming point markings, depending on the length of construction and type of activity at the airport. . (3) When threshold markings are needed to identify the temporary beginning of the runway that is available for landing, use a white threshold bar of the dimensions specified in AC 150/5340-1. (4) If temporary outboard elevated or flush threshold bars are used, locate them outside of the runway pavement surface, one on each side of the runway. They should be at least 10 feet (3m) in width and extend outboard from each side of the runway so they are clearly visible to landing and departing aircraft. These threshold bars are white. If the white threshold bars are not discernable on grass or snow, apply a black background with appropriate material over the ground to ensure the markings are clearly visible. (5) A temporary threshold may also be marked with the use of retroreflective, elevated markers. One side of such markers is green to denote the approach end of the runway; the side that is seen by pilots on rollout is red. See AC 150/5345-39, FAA Spec cation L- 853, Rumvay and Taxiway RetYoreflective Markers (~ At 14 CFR part 139 certificated airports, temporary elevated threshold markers must be mounted with a frangible fitting (see 14 CFR part 139.309). However, at noncertificated airports, the temporary elevated threshold markings may either be mounted with a frangible fitting or be flexible. See AC 150/5345-39. b. The application rate of the paint to mark ashort- term temporary runway threshold may deviate from the standard (see Item P-620, "Runway and Taxiway Painting," in AC 150/5370-10, Standards for Specking Construction of Airports), but the dimensions must meet the existing standards, unless coordinated with the appropriate offices. c. When a runway is partially closed, the distance remaining signs for aircraft landing in the opposite direction should be covered or removed during the construction. AC 15015370-2E 3-6. LIGHTING GUIDELINES FOR TEMPORARY THRESHOLD. A temporary runway threshold must be lighted if the runway is Lighted and it is the intended threshold for night landings or instrument meteorological conditions. We recommend that temporary threshold lights and related visual NAVAIDs be installed outboazd of the edges of the full-strength pavement with bases at grade level or as low as possible, but not to exceed 3 inches (7.6cm) above ground. When any portion of a base is above grade, place properly compacted fill around the base to minimize the rate of gradient change so aircraft can, in an emergency, cross at normal landing or takeoff speeds without incurring significant damage (see AC 150/5370-10). We recommend that the following be observed when using temporary runway threshold lighting: a. Maintain threshold and edge lighting color and spacing standards as described in AC 150/5340-24, Runway and Taxiway Edge Lighting,Tystem. Battery-powered, solar, or portable lights that meet the criteria in AC I50/5345-50, Spec cation for Portable Rumvay Lights, may be used. These systems are intended primarily for visual flight rules (VFR) aircraft operation but may be used for instrument flight rules (IFit) aircraft operations, upon individual approval from the Flight Standards Division of the applicable FAA Regional Office. b. When the runway has been partially closed, disconnect edge and threshold lights with associated isolation transformers on that part of the runway at and behind the threshold (i.e., the portion of the runway that. is closed). Alternately, cover the light fixture in such a way as to prevent Ight leakage. Avoid removing the lamp from energized fixtures because an excessive number of isolation transformers with open secondaries may damage the regulators and/or increase the current above-its normal value. c. Secure, identify, and place any temporary exposed wiring in conduit to prevent electrocution and fire ignition sources. d. Reconfigure yellow lenses (caution zone), as necessary. Tf the runway has centerline lights, reconfigure the red lenses, as necessary, or place the centerline lights out of service. e. Relocate the visual glide slope indicator (VLSI), such as VASI and PAPI; other airport lights, such as REIL; and approach lights to identify the temporary threshold. Another option is to disable the VGSI or any equipment that would give misleading indications to pilots as to the new threshold location. Installation of temporary visual aids may be necessary to provide adequate guidance to pilots on approach to the affected runway. If the FAA owns and operates the VGSI, AC 150/5370-2E coordinate its installation or disabling with the local 4irway Facilities Systems Management Office. 1/17103 f. Issue a NOTAM to inform pilots of temporary lighting conditions. Section 3. Other Construction Marking and Lighting Activities 3-7. OVERVIEW. Ensure that construction areas, including closed runways, are clearly and visibly separated from movement areas and that hazards, facilities, cables, and power lines are identified prominently for construction contractors. Throughout the duration of the construction project, verify that these areas remain clearly~marked and visible at a!1 times and that marking and lighting aids remain in place and operational. Routine inspections must be made • of temporary construction fighting, especially battery- powered,lighting since weather conditions can limit battery life. 3-8. CLOSED RUNWAY AND TAXIWAY MARKING AND LIGHTING. Closed runway markings consist of low~3~,'' in om lance wr~'the=standards of AC 150!5340= , Standards for Airport Markings. Avery effective and referable visual aid to depict temporary closure is the li hted "X".signal placed on or near the runway designation numbers. `T'his device is much more discernible to approaching aircraft than the other taterials described. e i hti3"`X'.'is riofaDailable, construct the marking of any of the following materials: double-layered painted snow fence, colored plastic, painted sheets of plywood, or similar materials. They must be properly configured and secured to prevent movement by prop wash, jet blast, or other wind currents. In addition, the airport operator may install barricades, traffic cones, activate stop bars, or other acceptable visual devices at major entrances to the runways to prevent aircraft from entering a closed portion of runway. The placement of even a single reflective bamcade with a "do not enter" sign on a taxiway centerline can prevent an aircraft.from continuing onto a closed ninway. If the taxiway must remain open for aircraft crossings, barricades or markings, as described above or in paragraph 3-4, should be placed on the runway. a. Permanently closed runways. For runways and taxiways that have been permanently closed, disconnect the lighting circuits. For runways, obliterate the threshold marking, runway designation marking, and touchdown zone mazkings, and place "X's" at each end and' at 1,000-foot (300-m) intervals. For taxiways, place an "X" at the entrance of the closed taxiway. b. Temporarily closed runway and taxiways. For runways that have been temporarily closed, place an "X" at the each.end of the runway. With taxiways, place an "X" at the entrance of the closed taxiway. c. Temporarily closed airport. When the airport is closed temporarily, mark the runways as closed and tum offthe airport beacon. d. Permanently closed airports When the airport is closed permanently, mark the runways as permanently closed, disconnect the airport beacon, and place an "X" in the segmented circle or at a central location if no segmented circle exists. 3-9. HAZARD MARKING. AND. LIGHTING. Provide prominent, comprehensible warning indicators for any area affected by construction that is normally accessible to aircraft, .personnel, or vehicles. Using appropriate hazard marking and lighting may prevent damage, injury, traffic delays, and/or facility closures. Hazard marking and lighting must restrict access and make specific hazards obvious to pilots, vehicle drivers, and other personnel. Barricades, traffic cones (weighted or sturdily attached to the surface), or flashers are acceptable methods used to identify and define the limits of construction and hazardous areas on airports. Provide temporary hazazd marking and lighting to prevent aircraft from taxiing onto a closed runway for takeoff and to identify open manholes, small areas under repair, stockpiled material, and waste areas. Also. consider less obvious construction-related hazazds and .include markings to identify FAA, airport, and National Weather Service facilities cables and power lines; instrument landing system (ILS) critical areas; airport surfaces, such as RSA, OFA, and OFZ; and other sensitive areas to make it easier for contractor personnel to avoid these areas. The construction specifications must include a provision ;equuing the contractor to have a person on ca1124 hours a day for emergency maintenance of airport hazard lighting and barricades. The contractor must file the contact person's information with the airport. a. Nonmovement areas. Indicate construction locations on nonmovement areas in which no part of an aircraft may enter by using barricades that are marked with diagonal, alternating orange and white stripes. Barricades may be supplemented with alternating 10 1/17/03 orange and white flags at feast 20 by 20 inches (50 by 50 cm) squaze and made and installed so they aze always in an extended position, properly oriented, and securely fastened to eliminate jet engine ingestion. Such barricades maybe many different shapes and made from various materials, including railroad ties, sawhorses, jersey barriers, or barrels. During reduced visibility or night hours, supplement the barricades with red lights, either flashing or steady-burning, which should meet the luminance requirements of the State Highway Department (yellow lights aze not acceptable after October 1, 2004). The intensity of the lights and spacing for barricade flags and lights must adequately and without ambiguity delineate the hazardous area. b. Movement areas. Use orange traffic cones; red tights, either flashing or steady-burning, which should meet the luminance requirements of the State Highway Department (yellow lights are not acceptable after October 1, 2004); collapsible barricades marked with diagonal, alternating orange and white stripes; and/or signs to separate alt construction/maintenance areas from the movement area. AI[ barricades, temporary ,markers, and other objects placed and left in safety areas associated with any open runway, taxiway, or taxilane must be as low as possible to the ground; of low mass; easily collapsible upon contact with an aircraft or any of its components; and weighted or sturdily attached to the surface to prevent displacement from prop wash, jet blast, wing vortex, or other surface wind currents. If affixed to the surface, they must be frangible at grade level or as low as possible, but not to exceed 3 inches (7.6em} above the ground. Do not use nonfrangible hazard markings, such as concrete barriers and/or metal-drum-type barricades, in aircraft movement areas. Do not use railroad ties on runways. Use highly reflective barriers with flashing or steady- burning red lights to barricade taxiways leading to closed runways. Evaluate all operating factors when determining how to mark temporary closures that can last from 10 to I S minutes to a much longer period of time. However, we strongly recommend that, even for closures of relatively short duration, major taxiway/runway intersections be identified with baaicades spaced no greater than 20 feet (6m) apart. Mark the barricades with a flashing or steady-burning red tight. At a minimum, use a single barricade placed on the taxiway centerline. 3-10. CONSTRUCTION NEAR NAVIGATIONAL AIDS (NAVAIDS). Construction activities, materials/equipment storage, and vehicle parking near electronic NAVAIDs require special consideration since they may interfere with signals essential to air navigation. Evaluate the effect of construction activity and the required distance and direction from the NAVAID for each construction project. Pay particular attention to stockpiling material, as well as AC 150/5370-2E to movement and parking of equipment that may interfere with line of sight from the ATCT or with electronic emissions. Interference from constntetion may require NAVAID shutdown or adjustment of instrument approach minimums for ffR. This condition requires that a NOTAM be filed. Construction activities and materials/equipmentstnrage near a NAVAID may also obstruct access to the equipment and instnunents for maintenance. Before commencing construction activity, parking vehicles, or storing construction equipment and materials near a NAVAID, consult with the nearest FAA Airway Facilities Office. 3-11. CONSTRUCTION STTE ACCESS AND IIAUL ROADS. Determine the construction contractor's access to. the construction sites and haul roads.. Do not permit the construction contractor to use any access or haul roads other than those approved. Construction contractors must submit specific proposed routes associated with construction activities to the airport operator for evaluation and approval as part of the safety plan before beginning construction activities. These proposed routes must also provide specifications to prevent inadvertent entry to movement azeas. Pay special attention to ensure that ARFF right of way on access and haul roads is not impeded at any time and that construction traffic on haul roads does not interfere with NAVAIDs or approach surfaces of operational runways. 3-I2. CONSTRUCTION MATERIAL STOCKPILING. Stockpiled materials and equipment storage are not permitted within the RSA and OFZ of an operational runway. The airport operator must ensure that stockpiled materials and equipment adjacent to these areas are prominently marked and lighted during hours of restricted visibility or darkness. This includes determining and verifying that materials are stored at an approved location to prevent foreign object damage and attraction of wildlife. 3-i3. OTHER LIMITATIONS ON CONSTRUCTION. Contractors may not use open-flame welding or torches unless adequate fire safety precautions are provided and . the airport operator has approved their use. Under no circumstances should flare pots be used within the AOA at any time. The use of electricat blasting caps must not be permitted on or within 1,000 feet (300m) of the airport property (see AC 150/5370-10, S[andards for Specking Construction of Airports). 11 AC 150/5370-2E 3-14. FOREIGN OBJECT DEBRIS (FOD) '1~IANAGEMENT. Waste and loose materials, commonly referred to as FOD, are capable of causing damage to aircraft landing gears, propellers, and jet engines. Construction contractors must 1!17!03 not leave or place FOD on or near active aircraft movement areas.- Materials tracked onto these areas must be continuously removed during the construction projecK. We also recommend that airport operators and construction contractors carefully control and continuously remove waste or loose materials that might amact wildlife. Section 4. Safety Hazards and Impacts 3-15. OVERVIEW. The situations identified below aze potentially hazardous conditions that may occur during airport construction projects. Safety azea encroachments, unauthorized and improper ground vehicle operations, and unmarked or uncovered holes and trenches near aircraft operating surfaces pose the most prevalent threats to airport operational safety during airport construction projects. Airport operators and contractors should consider the following when performing inspections of construction activity: a. Excavation adjacent to runways, taxiways, and aprons. b. Mounds of earth, construction materials, temporary structures, and other obstacles near any open -unway, taxiway, or taxilane; in the related object-free 'ea and .aircraft approach or departure areas/zones; or obstructing any sign or marking. c. Runway resurfacing projects resulting in lips exceeding 3 inches (7.6cm) from pavement edges and ends. sand, mud, paving materials, etc.) on airport pavements may result in aircraft propeller, turbine engine, or tire damage. Also, Ioose materials may blow about, potentially causing personal injury or equipment damage. i. Inappropriate or poorly maintained fencing during construction intended to deter human and animal intrusions into the AOA. Fencing and other markings that are inadequate to separate constriction areas from open AOAs create aviation hazards. j. Improper or inadequate marking or lighting of runways (especially thresholds that have been displaced or runways that have been closed) and taxiways that could cause pilot confusion and provide a potential for a runway incursion. Inadequate or improper methods of marking, barricading, and lighting of temporarily closed portions of AOAs create aviation hazards. k. Wildlife attractants-such as trash (food scraps not collected from construction personnel activity}, grass seeds, or ponded water-on or near airports. 1. Obliterated or faded markings on active operational azeas. d. Heavy equipment (stationary or mobile) operating or idle near AOAs, in runway approaches and departures areas, or in OFZs. e. Equipment or material near NAVAIDs that may degrade or impair radiated signals and/or the monitoring of navigational and visual aids. Unauthorized or improper vehicle operations in localizer or glide slope critical areas, resulting in electronic interference and/or facility shutdown. f. Tall and especially relatively low-visibility units (i.e., equipment with slim profiles}--cranes, drills, and simitarobjecu-located in critical areas, such as OFZs' and approach zones. g. Improperly positioned or malfunctioning lights or unlighted airport hazards, such as holes or excavations, on any apron, open taxiway, or open taxilane or in a related safety, approach, or departure area. h. Obstacles, loose pavement, trash, and other debris on or near AOAs. Construction debris (graveI,. m. Misleading or malfunctioning obstruction lights. Unlighted or unmarked obstructions in the approach to any open runway pose aviation hazards. n. Failure to issue, update, or cancel NOTAMs about airport or runway closures or other construction-related airport conditions. o. Failure to mark and identify utilities or power cables. Damage to utilities and power cables during construction activity can result in the loss of runway/taxiway lighting; loss of navigational, visual, or approach aids; disruption of weather reporting services; and/or loss of communications. p. .Restrictions on ARFF access from fire stations to the runway-taxiway system or airport buildings. q. Lack of radio, communications with construction vehicles in airport movement areas. r. Objects, regardless of whether they are marked or flagged, or activities anywhere on or near an airport 12 1117103 that could be distracting, confusing, or alarming to pilots during aircraft operations. s. Water, snow, dirt, debris, or other contaminants that temporarily obscure or derogate the visibility of runway/taxiway marking, lighting, and pavement edges. Any condition or factor that obscures or diminishes the visibility of areas under construction. t. Spillage from vehicles (gasoline, diesel fuel, oil, etc.) on active pavement areas, such as runways, taxiways, ramps, and airport roadways. u. Failure to maintain drainage system integrity during construction (e.g., no temporary drainage provided when working on a drainage system). AC 15015370-2E v. Failure to provide for proper electrical lockout and tagging procedures. At larger airports with multiple maintenance shiftslworkers, construction contractors should make provisions for coordinating work on circuits. w. Failure to control dust. Consider limiting the amount of area from which the ooniractor is allowed to strip turf. x. Exposed wiring that creates an electrocution or fire ignition hazard. Identify and secure wiring, and place it in conduit or bury it. y. Site burning, which can cause possible obscuration. z. Construction work taking place outside of designated work areas and out of phase. 13 1/17/03 AC 15015370-2E APPENDIX 1. RELATED READING MATERIAL 1. Obtain the latest version of the following free publications from the FAA on its Web site at http:/1www.faa.gov/arp/. In addition, these ACs are available by contacting the U.S. Department of Transportation, Subsequent Distribution Office, SVC- 121.23, Ardmore East Business Center, 3341 Q 75th Avenue, Landover, ivID 20785. h. AC 150/5340-18, Standards for Airport Sign Systems. Contains FAA standards for the siting and installation of signs on airport runways and taxiways. i. AC 15015345-28, Precision Approach Path Indicator (PAPI) Systems. Contains the FAA standards for PAPI systems, which provide pilots with visual glide slope guidance during approach for landing. a. AC 150!5200-28, Notices to Airmen (NOTAIv17 for Airport Operators. Provides guidance for the use of the NOTAM System in airport reporting. b. AC 150/5200-30, Airport Winter Safety and Operations. Provides guidance to airport owners(operators on the development of an acceptable airport snow and ice control program and on appropriate field condition repotting procedures. G AC 150/5200-33, Hazardous Wildlife Attractants On or Near Airports. Provides guidance on locating certain land uses having the potential to attract hazardous wildlife to public-use airports. d. AC 150/5210-5, Painting, Marking, and Lighting of lehicles Used on an Airport. Provides guidance,. specifications, and standards for painting, marking, and lighting vehicles operating in the airport air operations areas. e. AC 150/5220-4, Water Supply Systems for Aircraft Fire and Rescue Protection. Provides guidance for the selection of a water source and standards for the design of a distribution system to support aircraft rescue and fire fighting service operations on airports. f. AC 150/5340-1, Standards for Airport Markings. Contains FAA standards for markings used on airport runways, taxiways, and aprons. g. AC 150/5340-14B, Economy Approach Lighting Aids. Describes standards for the design, selection, siting, and maintenance of economy approach lighting aids. j. AC 150/5380-5, Debris Hazards at Civil Airports. Discusses problems at airports, gives information on foreign objects, and explains how to eliminate such objects from operational areas. k. AC 70/7460-2, Proposed Construction or Alteration of Objects that May A,~`ect the Navigable Airspace. Provides information to persons proposing to erector alter an object that may affect navigable airspace and exp{ains the need to notify the FAA before construction begins and the FAA's response to those notices, as required by 14 CFR part 77. 2. Obtain copies of the following publications from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402: Send a check or money order made payable to the Superintendent of Documents in the amount stated with your request. The Government Printing Office does not accept C.O.D. orders. In addition, the FAA makes these ACs available at no charge on the Web site at http://www.faa.gov/arp/. a. AC 150/5300-13, Airport Design. Contains FAA standazds and recommendations for airport design, establishes approach visibility minimums as an airport design parameter, and contains the object-free area and the obstacle free-zone criteria. ($26. Supt. Docs.) SNO50-007-01208-0. b. AC 150/5370-10, Standards for Specking Construction of Airports. Provides standards for construction of airports. Items covered. include earthwork, drainage, paving, turfing, lighting, and incidental construction. ($18. Supt. Docs.) SNO50-007- 0821-0. A-1 AC 150/5370-2E 1!17/03 APPENDIX 2. DEFINITIONS OF TERMS USED IN THE AC 1. AIR OPERATIONS AREA (AOA). Any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operations area includes such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runways, taxiways, or aprons. 2. CONSTRUCTION. The presence and movement of wnstruction-related personnel, equipment, and materials in any location that could infringe upon the movement of aircraft. 3. CERTIFICATED AIRPORT. An airport that has been issued an Airport Operating Certificate by the FAA under the authority of 14 CFR part 139, Certification and Operation: Land Airports Serving Certain Ail Carriers, or its subsequent revisions. 4. FAA FORM 7460-1, NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION. T'he form submitted to the FAA Regional Air Traffic or Airports Division Office as formal written. notification of any kind of construction or alteration of objects that affect navigable airspace, as defined in 14 CFR part 77, Objects Affecting Navigable Airspace (see AC 70/7460-2, Proposed Construction or Alteration of Objects that-May ~tfj`ect the Navigable Airspace, found at ttp://www.faa.gov/arpn. 5. FAA FORM 7480-1, NOTICE OF LANDING AREA PROPOSAL. Form submitted to'the FAA Airports Regional Division Office or Airports District Office as formal written notification whenever a project without an airport layout plan on file with the FAA involves the construction of a new airport; the construction, realigning, altering, activating, or abandoning of a runway, landing strip, or associated taxiway; or the deactivation or abandoning of an entire airport (found at http://www.taa.gov/arpn. '! 6. MOVEMENT AREA. The runways, taxiways, and other areas of an airport that are used for taxiing or hover taxiing, air taxiing, takeoff, and landing of aircraft, exclusive of Ioading ramps and aircraft parking areas (reference 14 CFR part I39). 7. OBSTRUCTION. Any objecdobstacle exceeding the obstruction standards specified by 14 CFR part 77, subpart C. 8. OBJECT-FREE AREA (OFA). An area on the ground centered on the runway, taxiway, or taxilane centerline provided to enhance safety of aircraft operations by having the area free of objects except for those objects that need to be located in the OFA for air navigation or aircraft ground maneuvering purposes (see AC 150/5300-13, Airport Design; for additional guidance on OFA standards and wingtip clearance criteria). 9. OBSTACLE-FREE ZONE (OFZ). The airspace below 150 feet (45m) above the established airport elevation and along the runway and extended runway centerline that is required to be clear of all objects, except for frangible visual NAVAIDs that need to be located in the OFZ because of their fimction, in order to provide clearance protection for aircraft landing or taking offfrom the runway and for missed approaches (refer to AC 150/5300-13 for. guidance on OFZs). 10. RUNWAY SAFETY AREA (RSA). A defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from. the runway, in accordance with AC 150/5300-13. 11. TAXIWAY SAFETY AREA. A defined surface alongside the taxiway prepared or suitable for reducing the risk of damage to an airplane unintentionally departing the taxiway, in accordance with AC 150/5300- 13. I2. THRESHOLD. The beginning of that portion of the runway available for landing. In some instances, the landing threshold may be displaced. 13. DISPLACED THRESHOLD. The portion of pavement behind a displaced threshold that may be available for takeoffs in either direction or landing from the opposite direction. 14. VISUAL GLIDE SLOPE INDICATOR (VGSI). This device provides a visual glide slope indicator to landing pilots. These systems include precision approach path indicators (PAPIs), visual approach slope indicators (VASIs), and pulse light approach slope indicators (PLASIs). A-2 1/17/03 AC 150!5370-2E APPENDIX 3. AIRPORT CONSTRUCTION SAFETY PLANNING GUIDE Aviation Safety Requirements During Construction PURPOSE. This appendix provides airport operators with boilerplate format and Language for developing a safety plan for an airport construction project. Adapt this appendix, as applicable, to speck conditions found on the airport for which the plan is being developec% Consider including a copy of this safety plan in the construction drawings for easy access by contractor personnel. Plans should contain tFre following: 1. GENERAL SAFETY REQUIREMENTS. Throughout the construction project, the following safety and operational practices should be observed: • Operational safety should be a standing agenda item during progress meetings throughout the construction project. • The contractor and airport operator must perform onsite inspections throughout the project, with immediate remedy of any deficiencies, whether caused by negligence, oversight, or project scope change. • Airport runways and taxiways should remain in use by aircraft to the maximum extent possible. • Aircraft use of areas near the contractor's work should be controlled to minimize disturbance to the contractor's operation. Notice to Airmen (NOTAIvI) System] of proposed location, time, and date of commencement of construction. Upon completion of work and return of all such areas to standard conditions, the contractor must, through the airport operator, verify the cancellation of all notices issued via the NOTAM System. Throughout the duration of the construction project, the contractor must a. Be aware of and understand the safety problems and hazards described in AC 150/5370-2, Operational Safety on Airports During Construction. b. Conduct activities so as not to violate any safety standards contained in AC 1 SO/5370-2 or any of the references therein. c. Inspect all construction and storage areas as often as necessary to be aware of conditions. d. Promptly take all actions necessary to prevent or remedy any unsafe or potentially unsafe conditions as soon as they are discovered. 3. APPROACH CLEARANCE TO RUNWAYS. Runway thresholds must provide an unobstructed approach surface over equipment and materials. (Refer to Appendix 2 in AC 150/5300-13, Airport Design, for guidance in this area.) • Contractor, subcontractor, and supplier employees or any unauthorized persons must be restricted from entering an airport azea.that would be hazardous. • Construction that is within the safety area of an active runway, taxiway, or apron that is performed under normal operational conditions must be performed when the runway, taxiway, or apron is closed or use-restricted and initiated only with prior permission from the airport operator. The contracting officer, airport operator, or other designated airport representative may order the contractor to suspend operations; move personnel, equipment, and materials to a safe location; and stand by until aircraft use is completed. CONSTRUCTION MAINTENANCE AND FACILITIES MAINTENANCE. Before beginning any construction activity, the contractor must, through the airport operator, give notice [using the 4. RUNWAY AND TAXIWAY SAFETY AREA (RSA AND TSA). Limit construction to outside of the approved RSA, as shown on the approved airport layout plan-unless the runway is closed or restricted to aircraft operations, requiring a lesser standard RSA that is equal to the RSA available during construction (see AC 150/5370-2 for exceptions). Construction activity within the TSA is permissible when the taxiway is open to aircraft traffic if adequate wingtip clearance exists between the aircraft and equipment/material; evacuations, trenches, or other conditions are conspicuously marked and lighted; and local NOTAMs are in effect for the activity (see AC 15015300-13 for wingtip clearance requirements). The NOTAM should state that, "personnel and equipment are working adjacent to Taxiway a. Procedures for protecting runway edges. • Limit construction to no closer than 200 feet (60m).from the runway centerline-unless the runway is closed or restricted to aircraft operations, requiring a lesser standard RSA A-3 AC 15015370-2E 1/17103 that is equal to the RSA available dwing • Coordinate construction activity with the construction. Airport Traffic Control Tower (ATCT) and • Prevent personnel, material, and/or FAA Regional Airports Division Office or Airports District Office, and through the equipment, as defined in AC 150/5300-13, airport operator, issue an appropriate Pazagraph 306, "Obstacle Free Zone NOTAM. (OFZ)," from penetrating the OFZ. Complete the following chart to determine the area that must be protected along the rumvay edges: . b. Procedures for protecting runway ends. • Maintain the RSA from the runway threshold to a point at least the distance from the runway threshold as existed before construction activity-unless the runway is closed or restricted to aircraft operations, requiring an RSA that is equal to the RSA length available during construction in accordance with AC 150/5300-13. This may involve the use of declared distances and partial runway closures (see AC I50/5370-2 for exceptions). • Enswe all personnel, materials, and/or equipment are clear of the applicable threshold siting criteria surface, as defined in Appendix 2, "Threshold Siting Requirements," of AC 150/5300-13. • Prevent personnel, material, and/or equipment, as defined in AC 150/5300-13, from penetrating the obstacle-free zone: • Enswe adequate distance for blast protection is provided, as needed. • Coordinate construction activity with the ATCT and FAA Regional Airports Division Office or .Airports District Office, and through the airport, operator, issue an appropriate NOTAM. • Provide a drawing showing the profile of the appropriate surfaces of each runway end where construction will take place. Where operations by twbojet aircraft are anticipated, review takeoffprocedures and jet blast-characteristics of aircraft and incorporate safety measwes for constntction workers in the contract documents. A-4 . *See AC 150!5300-I3, Airport Design, to complete the chart-for a specific runway. 1/17/03 AC 150/5370-2E Complete the following chart to determine the area that must be protected before the rumvay threshold.• :FEET :lto :.FEET ~l ~ :FEET : 1 to :FEET 1 to (threshold) AC 150!5300-13, Airport Design, to complete the chart for a specific runway. 5. MARKING AND LIGHTING FOR TEMPORARY THRESHOLDS. Marking and lighting for a temporary threshold is !is not_ required. The airport owner or contractor, as specified in the contract, will furnish and maintain mazkings for temporary thresholds. Precision approach path indicators (PAPIs) or runway end identification lights (REII-) are /are not required. The airport owner or contractor, as specified in the contract, will furnish and install all temporary lighting. Include appropriate items per AC 150/5370-2, Chapter 3, "Safety Standards and Guidelines:' If marking and lighting for the temporary threshold is not required, delete this section of the safety plan. If visual aids and/or markings are necessary, provide details. (Include applicable 14 CFR part 77 surfaces in the contract documents.) 6. CLOSED RUNWAY MARKINGS AND LIGHTING. The following must be specified for closed. runways. Closed runway mazking are /are not_____ required. Closed runway markings will be as shown on the plans /as furnished by the airport owner /other (specify). Barricades, flagging, and flashers are late not required at Taxiway_ and Runway and will be supplied by the airport /other (specify). 7. HAZARDOUS AREA MARKING AND LIGHTING. Hazardous areas on the movement area will be marked with barricades, traffic cones, flags, or flashers (specify). These markings restrict access and make hazards obvious to aircraft, personnel, and vehicles. During periods of !ow visibility and at night, identify hazardous areas with red flashing or steady-burning lights (specify}. The hazardous area marking and lighting will be supplied by the airport operator/contractor, as specified in the contract, and will be depicted on the plans. 8. TEMPORARY LIGHTING AND MARKING. Airport markings, lighting, and/or signs will be altered in the following manner (specify) during the period from to .The alterations aze depicted on the plans. 9. VEHICLE OPERATION MARKING AND CONTROL. Include the following provisions in the construction contract, and address them in the safety plans: a. When any vehicle, other than one that has prior approval from the airport operator, must travel over any portion of an aircraft movement area, it will be escorted and property identified. To operate in those azeas during daylight hours, the vehicle must have a flag or beacon attached to it. Any vehicle operating on the movement areas during hours of darkness or reduced visibility must be equipped with a flashing dome-type light, the color of which is in accordance with local or state codes. b. It may be desirable to clearly identify the vehicles for control purposes by either assigned initials or numbers that are prominently displayed on each side of the vehicle. The identification symbols should be at minimum 8-inch (20-cm) block-type characters of a contrasting color and easy to read. They may be applied either by using tape or awater-soluble paint to facilitate removal. Magnetic signs are also acceptable. In addition, vehicles must display identification media, as specified in the approved security plan. (This section should be revised to conform to the airport operator's requirements.) A-5 AC 150/5370-2E c. Employee parking shall be (specify . ocation), as designated by the airport manager / project engineer /other (specify). d. Access to the job site shall be via (specify route), as shown on the plans /designated by the engineer /designated by the superintendent /designated by the airport manager /other (specify). e. At 14 CFR part 139 certificated and towered airports, al! vehicle operators having access to the movement azea must be famil~az with airport procedures for the operation of ground vehicles and the consequences of noncompliance. f. If the airport is certificated and/or has a security plan, the airport operator should check for guidance on the additional idenfification and control of construction equipment. 10. NAVIGATIONAL AIDS. The contractor must not conduct any construction activity within navigational aid restricted azeas without prior approval from the local FAA Airway Facilities sector representative.. Navigational aids include instrument landing system components and very high-frequency mnidirectional range, airport surveillance radar. Such restricted areas are depicted on construction plans. 11. LIMITATIONS ON CONSTRUCTION. Additional limitations on construction include- a. Prohibiting open-flame welding or torch cutting operations unless adequate fire safety precautions are provided and these operations have been authorized by the airport operator (as tailored to conform to local requirements and restrictions). 1!17/03 b. Prominently marking open trenches, excavations, and stockpiled materials at the construction and lighting these obstacles during hours of restricted visibility and darlmess. c. Marking and lighting closed, deceptive, and hazardous areas on airports, as appropriate. d. Constraining stockpiled material to prevent its movement as a result of the maximum anticipated aircraft blast.aQd forecast wind conditions. 12. RADIO COMMUNICATIONS. Vehiculaz traffic located in or crossing an active movement area must have a working two-way radio in contact with the control tower or be escorted by a person in radio contact with the tower. The driver, through personal observation, should confirm that no aircraft is approaching the vehicle position. Construction personnel may operate in a movement area without two-way radio communication provided a NOTAM is issued closing the area and the area is properly marked to prevent incursions. Two-way radio communications are /are not required between contractors and the Airport Traffic Control Tower /FAA Flight Service Station /Airport Aeronautical Advisory Stations (UMCOM/CTAF) ,Radio contact is /is not required between the hours of and Continuous monitoring is required !or is required only when equipment tovement is necessary in certain areas .(This section may be tailored to suit the speck vehicle and safety requirements of the airport sponsor.) 13. DEBRIS. Waste and loose material must not be placed in active movement azeas. Materials tracked onto these areas must be removed continuously during the work project. A-6 1117/03 APPENDIX 4. SAMPLE NOTAM AIRPORT FAA NOTAM # AIRPORT I.D. # NOTAM TEXT: DATE: TIME: NOTIFICATON: ####TOWER PHONE # II~IITIALS TIME CALLED IN BY ####FSS PHONE # INITIALS TIME CALLED IN BY AIRLINES CANCELLED: NOTIFICATON: ####TOWER PHONE # INITIALS TIME CALLED IN BY ####FSS PHONE # INITIALS TIME CALLED IN BY AIRLINES AC 150/5370-2E A-7 A G R E E M E N T THE STATE OF TEXAS ~ COUNTY OF NUECES ~ THIS AGREEMENT is entered into this 8TH day of SEPTEMBER, 2009, by and between the CITY OF CORPUS CHRISTI of the County of Nueces, State of Texas, acting through its duly authorized City Manager, termed in the Contract Documents as "City," and B.E. Beecroft Company, Inc. termed in the Contract Documents as "Contractor," upon these terms, performable in Nueces County, Texas: In consideration of the payment of $265,000.00 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: CCIA AIRPORT RESCUE AND FIRE FIGHTING FACILITY (ARFF) IMPROVEMENTS PROJECT NO. 10025 (TOTAL BASE BID: $265,000.00) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, plans and specifications, including all maps, plats, blueprints, and other drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Agreement Page 1 of 2 Base Bid - Widening of the existing 6 bay doors on the ARFF from 14-feet in width to 16-feet in width to suit larger ARFF vehicles. Construction requirements require the complete removal of the existing doors and supports and the complete reconstruction of the door supporting structures, and the affected areas of the building fagade, parapet walls, roof and other items as required. The new bay doors shall meet all criteria for design strength,- wind loading, and other criteria such as insulation and weather-stripping. Additionally, the new doors shall meet the requirements of FAA Advisory Circular (AC) 150/5210 for "Vehicle Bay Doors as applicable. Complete aad is Place pre Lump Sum ARFF Station Exterior Wall Joint Removal, Cleaning and Resealing. Allowances for Miscellaneous Items Uncovered During Construction TOTAL BASS BID INCLUDING; ALLO~PANCSS TOTAL BA83 BID $ 5' p t~ V $ 20,000.00 $ 2~,S~~oa The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. (Revised August 2000) BID SUl~ARY PROPOSAL FORM PAGB 3 OF 6 The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 120 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. ATTES • City Secretary APPROVED AS TO LEGAL'/F~M: B B ~/~~ Y• Y• Asst. City Attorney Pete Anaya, P.E. f~~' Director of Engineering Services CITY OF CORPUS CEiRISTI BY : C~'LYYI Oscar Martinez, Asst. City Mgr. of Public Works and Utilities CONTRACTOR ATTEST: (If Corporation) ~~~~~~~ (Seal Below:) (Note: If Person signing for corporation is not President, attach copy of authorization to sign}' Title: l~l~t~7 P.O. BOX 2643 {Address) CORPUS CHRISTI, TX 78405 (City) (State)(ZIP) 361/882-6791 * 361/882-6392 (Phone) (Fax) Agreement Page 2 of 2 B.E.Beecroft Company, Inc. ~ O~ ~,7,..r. AUTMORkZ'E4 ~T COti1~CiL ..Q.:1~ ~~.~ ~.L ...,: SECRET~i~`~ r P R O P O S A L F O R M F O R CORPUS CHRISTI INTERNATIONAL AIRPORT AIRPORT RESCUE AND FIRE FIGHTNG FACILITY (ARFF) IMPROVEMENTS, PROJECT NO. 1002.5 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS (Revised August 2000) PROPOSAL FORM PAGE 1 OF 6 P R O P O S A L Place : The City of Corpus Christi Date : August 19, 2009 Proposal of B.E. Beecroft Company, Inc. , a Corporation organized and existing under the laws of the State of Texas OR a Partnership or Individual doing business as NA TO: The City of Corpus Christi, Texas Gentlemen: The undersigned hereby proposes to furnish all labor and materials, tools, and necessary equipment, and to perform the work required for: __ CORPIIS CHRISTI INTERNATIONAL AIRPORT AIRPORT RESCIIE AND FIRE FIGHTING FACILITY (ARFF) IIKPROVELKENTS, PROJECT NO. 10025 at the locations set out by the plans and specifications and in strict accordance with the contract documents for the following prices, to-wit: (Revised Avgust 2000) PROPOSAL PORM PAGE 2 OF 6 Base Sid - widening of the existing 6 bay doors on the ARFF from 14-feet in width to 16-feet in width to suit larger ARFF vehicles. Construction requirements require the complete removal of the existing doors and supports and the complete reconstruction of the door supporting structures, and the affected areas of the building facade, parapet walls, roof and other items as required. The new bay doors shall meet all criteria for design strength, wind loading, and other criteria such as insulation and weather-stripping. Additionally, the new doors shall meet the requirements of FAA Advisory Circular (AC) 150/5210 for "Vehicle Bay Doors" as applicable. Coiaplete aad is Place pre Lump Sum $ ARFP Station Exterior Wall Joint Removal, Cleaning and Resealing. Allowances for Miscellaneous Items Uncovered During Construction TOTAL BASE BID INCLDDING ALLOWANCES TOTAL BASB HID 1.~{0~ o o a s p t~ V $ 20,000.00 $ 2(,Sf~~O The undersigned hereby declares that he has visited the site and has carefully examined the plans, specifications and contract documents relating to the work covered by his bid or bids, that he agrees to do the work, and that no representations made by the City are in any sense a warranty but are mere estimates for the guidance of the Contractor. HID SUl~ARY (Revised August 2000) PROPOSAL PORM PAC38 3 OF 6 ' Upon notification of award of contract, we will within ten (10) calendar days execute the formal contract and will deliver a Performance Bond (as required) for the faithful performance of this contract and a Payment Bond(as required) to insure payment for all labor and materials. The bid bond attached to this proposal, in the amount of 5$ of the highest amount bid, is to become the property of the City of Corpus Christi in the event the contract and bonds are not executed within the time above set forth as liquidated damages for the delay and additional work caused thereby. Minority/Minority Busiaess 8nterprise Participation: The apparent low bidder shall, within five-days of receipt of bids, submit to the City Engineer, in writing, the names and addresses of MBE and DBE firms participating in the contract and a description of the work to be performed and its dollar value for bid evaluation purpose. Ntaaber of Signed Sets of Documents: The contract and all bonds will be prepared in not less than four counterpart (original signed) sets. Time of Completion: The undersigned agrees to complete the work within 120 calendar days from the date designated by a Work Order. The undersigned further declares that he will provide all necessary tools and apparatus, do all the work and furnish all materials and do everything required to carry out the above mentioned work covered by this proposal, in strict accordance with the contract documents and the requirements pertaining thereto, for the sum or sums above set forth. Receipt of the following addenda is acknowledged (addenda number) : Addendum No. 1, Addendum No. 2 Respectfully submitted: (SEAL - IF BIDDER IS a Corporation) NOTB: Do not detach bid from other papers. Fill in with ink and submit complete with attached papers. Name : Sha Holds By: g~ 9.a~ (SIaNATIIRB) Address : P.O. Box 2643 2222 Laredo St. (P.O. Box) (Street) Corpus Christi, Texas 78405 (City) (State) (Zip) Telephone : (361) 882-6791 (Revised August 2000) (Revised August 2000) PROPOSAL PORM PAGE 4 OP 6 ~jas~~3~'ro P A Y M E N T B O N D STATE OF TEXAS § COUNTY OF NUECES § KrTOW ALL BY THESE PRESENTS: THAT B.E.Beecroft Company, Inc. of NUECES County, Texas, hereinafter called "Principal", and~T~L~4~'CP/S Gl~S~c/~y a'.Sl,~Cr~1`y ~'o~~y~ a corporation organized under the laws of the State of /nQ/~i/Clad , /!1~'i'iC~k. and duly authorized to do business in the State ofd exas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of TWO HUNDRED SIXTY-FIVE THOUSAND AND NO/100($265,000.00} DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 8TH day SEPTEMBER 20 09 a copy of which is hereto attached and made a part hereof, for the construction of: CCIA AIRPORT RESCUE AND FIRE FIGHTING FACILITY (ARFF) I1~ROVF~:'NTS PROJECT NO. 10025 (TOTAL BASE BID: $265,000.00} NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 This bond is given to meet the requirements of Article 5160, Vernon's Civil Statutes of Texas, and other applicable statutes of the State of Texas. The terms "Claimant", "Labor" and "Material", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident. in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the f7th day of ~ 20 ~q PRINCIPAL By: ~ ~~t~~ Y (Print Name & Title) ATTEST _~ "~ ~~ n (Print Name & Title) ' TY ~Q v~ rnev-in-fa Print Name ~n GCIe /~~ ~ urn '~~n y t~~~/l'~'~i~~ The Resideht Agent of t1'ie Surety in Nue~~~ Cot~ntp,` ~eaas; i;e~r delivery of notice and service of process is: Agency: Contact Person: ~-ddress Phone Number: (NOTE: Date of Payment Bond must not be prior to date of contract} (Revised 3/08} Payment Bond Pane 2 of 2 ~`~853y~~/.~~ P E R F O R M A N C E B O N D STATE OF TEXAS § COUNTY OF NUECES § IQ~TOW ALL BY THESE PRESENTS THAT B.E. Beecroft Company, Inc. of NUECES County, Texas, hereinafter called "Principal", andT~ye%r5 ~Stt~c/ : o5ui~~vCd/rr~any® f a corporation organized under the laws of the State of/g/!7t?riC~ti GLrU~anc~ and duly authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City", in the penal sum of TWO HUNDRED SIXTY-FIVE THOUSAND AND NO/100($265,000.00) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the City of Corpus Christi, dated the 8TH of SEPTEI~ER , 20 09 , a copy of which is hereto attached and made a part hereof, for the construction of: CCIA AIRPORT RESCUE AND FIRE FIGHTING FACILITY (ARFF) IMPROVEMENTS PROJECT NO. 10025 (TOTAL BASE BID: $265,000.00) NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and/or replace all defects due to faulty materials and/or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 TRAVELERS& City of Corpus Christi Department of Engineering Services 302 S. Shoreline - P. O. Box 9277 Corpus Christi, Texas 78469 Re: Certification of Power of Attorney for Performance and Payment Bonds: City of Corpus Christi Public Works Contract: Various Gentlemen: I hereby certify that the facsimile power of attorney submitted by Allen G. Borden, Michael J. Swantner, Mary W. Ray and Debra L. Johnson on behalf of FARMINGTON CASUALTY COMPANY, FIDELITY AND GUARANTY INSURANCE COMPANY, FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., SEABOARD SURETY COMPANY, ST. PAUL FIRE AND MARINE INSURANCE COMPANY, ST. PAUL GUARDIAN INSURANCE COMPANY, ST. PAUL MERCURY INSURANCE COMPANY, TRAVELERS CASUALTY AND SURETY COMPANY, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, UNITED STATES FIDELITY AND GUARANTY COMPANY, for Various (contractor) is a true and correct copy of the original power of attorney on file in the records of the surety in its home office, has not been amended or abridged, is still in full force and effect, and said designated agent is currently in good standing with the surety. In the event of cancellation of such power of said agent, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof. Signed this 1 Sth day of October, 2009. Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Ina Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance C~ny United States Fidelity and Guaranty Company Name: ~ ~,: ~~~ ~.~-____ Title: Christopher H. N le, Regional Vice President Sworn and subscribed to before me on this 15th day of September, 2009 ~d~~~? ~ Frances Adams, Notary Public 2o.~p,FY P~B~- FRANCES ADAMS My Commission expires: January 6, 2011 * ~ ; 4No;:ary ~~,biic ~•. The State of Texas My Comm, Exp. January 6, 2011 City of Dallas This instrument was aclaiowledged before me on September 15, 2009 by Christopher H. Noble, Regional Vice President of FARMINGTON CASUALTY COMPANY, FIDELITY AND GUARANTY INSURANCE COMPANY, FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., SEABOARD SURETY COMPANY, ST. PAUL FIRE AND MARINE INSURANCE COMPANY, ST. PAUL GUARDIAN INSURANCE COMPANY, ST. PAUL MERCURY INSURANCE COMPANY, TRAVELERS CASUALTY AND SURETY COMPANY, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, , UNITED STATES FIDELITY AND GUARANTY COMPANY, affMaryland corporation, on behalf of said corporation. Frances Adams, Notary Public .SPRY P~~ FRANCES ADAMS My Commission expires: January 6, 2011 *~~ Notary Puhlic a STATE OF TEXAS My Comm. Exp, January 6, 2011 POWER OF ATTORNEY IS INVALID TRAVELERSJ~ POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney-In Fact No. 215034 Certificate No. 0 018 9 7 7 3 5 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America aze corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Allen G. Borden, Michael J. Swantner, Mark W. Ray, and Debra L. Johnson of the City of Corpus Christi ,State of Tezas ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, tecognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their liusiuess of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pemvt~ed <in '~ `ons or proceedings allowed by law. 14th IPl WITNE~SU~'VH~REOF,~tlia Compa~SJ~ave caused this instrument-n b~~ signed anal ilirir ~ ~rporate seals to be hereto affixed, this u:;t day of , Farmington Casualty C~p~rt~ ' Fidelity and Guaranty3nst5rancF~ Cnrrtpatt} , Fidelity and Guaranty Insurasice Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 'Iavelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company I.SU $tYrElj. FIRE 6 iT1t INf` .,+pY INSUq ~~TY A~ya 1,~~~ r~ ~r5 ` * r 4,/' ~O: ~pyR 9! 4J :...........:9,t~;1 ~ `1 6`y ,7 •~ L ~~pp~~pp~~pp f $j/' 1j~Y O ! r30 A>t:,i P i OAA 1 M i Y~ ~ ° ~ 1927 z ~ m W:~ rf ~, 1977 ~: (f: - . ~ F ~ t,awtFOm, f Z 1982 0 ~t•SEAL o" ~ S81LLii ~txl. o ~' ~ N 18~ "~O~,~~r ~$ 1951 s K ' Sys YECK'~aa ~ 4~ * .~ „'s~ 1°°~ `d~.....sar/ os;'+... aas >~b ~De ~ 7l~" y ~ A ! N" OFNfN ~nuc lS . A~,,~ •(y ..~.-'~ t ~ ~F+ ~ . A-N ~. S[a[e of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President 14th August 2007 On this the day of , before me personally appeazed George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guazanty Insurance Company, Fidelity and Guazanty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guazdian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guazanty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. ~ ~ W ~/" `~ ~~Un~~v1 My Commission expires the 30th day of June, 20] 1. ~j0r/B1.~G~* Marie C. Teveault, Notary Public 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boazds of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboazd Surety Company, St. Paul Fire and Marine Insurance Company, St. Pau] Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions aze now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents [o act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and i[ is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guazanry Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Cgmpanya St. Paul Guazdian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Su o$npan~ meri~c _ d United States Fidelity and Guazanty Company do hereby certify that the above and foregoing is a true and correct copy of the Powe orne. exe e d h}~sa~c7 . ompanies, which is in full force and effect and has not been revoked. ~ "~°3 ' _ ~ ~.. ~J' d~ q ilti TESTIMOI+7Y WHEREOF, I have hereunto set my hand and thes~Is oC,~aill l'o~13p°anies this / 1 ~ day ofV ~~~~r~_~~ _, 2)~/_ + 4 ~ .g ~• `" - -- Kori M. Johans Assistant Secretary ASU (1 W+•.. S~TJ~ yFiPF 4 Y QOi~M~MfU9 JP~•INSVq'~ P+,~~TY Ary~~ IM{_'.,/ ~~ ~Or~ ~ CIV- * ' ~~ i ~I~ItFORR>F~ V4~c~ORRTf ~ V s~ m: Zi tft i lNRrWRD, < lNRI'P0~ ~. i 1982x'; ~ 1977 ~ 1 a ~927y~` ~ ~ SEALjo~ ~' SS1CL;~a° W cam. c ~~R °' t~~~ ~y~ert'-aD ~y 4l~ ~' `l~_ ~J`~ cEG~~ gar.. r~'L~' dj~..._.•.~,s e`~ a~' ~.../ ~'~AyrAltt ~y . >,~` ! ~ q~Nftr AN $ . A~ Q ~ T 1 ~ ~. ~w. 'I`o ven'fy the authenticity of-this Power of-Attorney; call I-Hfl0-d2I-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. THIS POWER OF ATTORNEY IS INVALID ~iSTPAUL 4= TRAVELERS IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty and Surety Company of America; for information or to make a complaint at: St. Paul Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3057 (267) 675-3102 Fax _,.~., -You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. This bond is given to meet the requirements of Article 5160, Vernon's Civil, Statutes of Texas, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19-1, Vernon's Texas Insurance Code. IN WITNESS WIIEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the ~Y1 day of ,yND~~C e ~ 20~. PRINCIPAL ATTEST (Print Name & Title) SURETY ~hC¢,VelerS ~~ua/~fy ~~ur~ ~om~~cn~of ~n~rfE~ A o ne fin- act (Print Name) The Resident Agent of the Surety in Nueces County, Teas, fora delivery of notice and service of process is: ~J~oY= Contact Person: Address: Phone Number: (NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08) Performance Bond Page 2 of 2 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information., Every question must be answered. ff the question ~ not applicable, answer with AN/~. FIRM NAME: B•E. Beecroft Company, Inc. STREET: 2222 Laredo Street CITY: Corpus Christi ZIP: 78405 FIRM is: 1. rporation 2. I~artnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each Aemployee=_ of the City of Corpus Christi having an Aownership interest= constituting 3°~6 or more of the ownership in the above named Afirma~ Name Job Title and City Department (if known) NA 2. State the names of each AofficiaL of the City of Corpus Christi having an Aownership interest= constituting 396 or more of the ownership in the above named Afirm=_. Name Title NA 3. State the names of each Aboard member- of the City of Corpus Christi having an Aownership interest= constituting 396 or more of the ownership in the above nsmed Afirm~ Name Board, Commission or Committee Sam N. Beecroft CC Regional Economic Development Corp. 4. State the names of each employee or officer of a Aconsultant= for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an Aownership inten3st_ constrtuting 396 or more of the ownership in the above named Afirm=_. Name Consultant NA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information n~quested; and that supplemental statements will be prompty submitted to the City of Corpus Christi, Texas as changes occur. Certifying Signature of Certifying Title: Vice-President PROPOSAL FORM PAGE 5 OF 6 DEFINITIONS a. ABoard Member.. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. AEmptoyee=. Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. AFirrr~. Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce ordeal with a product or service, including but not lim'ded to, entities operated in the fomn of sole proprietorship, as self-employed person, partnership, corporation, joint stock company. joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizatwns. d. AOfficia~. The Mayor, members of the City Council, City Manager, Depuiy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Chnsti, Texas. e. AOwnership Interest=. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. AConstructively held= refers to holding or control established through voting trusts, proxies or special terms o venture or partnership agnaements. f. AConsultant=. Anil person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultaCwn and recommendation. PROPOSAL FORM PAGE 6 OF 6 a~aR~ CERTIf=1CATE OF LIABILITY INSURANCE OP ID TR DATE(MMIDD/YYYY) BSBEE-1 09 18 09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Borden Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P . O. Sox 1066 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corpus Christi TX 78403-1066 Phoae:361-882-6543 Fax:361-654-2008 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: COntineatal Casualt Co. INSURER B: TEXBS Mutual Insurance Co . B 8 Beecroft Company, IIIC " INSURER C: P . O . BOX 2 643 INSURER D: Corpus Christi TX 78403 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSU E POLICY NUMBER POLI Y E THE DATE MMIDD/YY P TI N DATE MMIDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, 000 A X COMMERCIAL GENERAL LIABILITY 2088426254 12/31/08 12/31/09 PREMISES (Eaoccurence $ 100, 000 CLAIMS MADE ~ OCCUR ~ MED EXP (Any one person) $ 5 , 0 0 0 PERSONAL&ADVINJURY $1,000,000 GENERAL AGGREGATE 2, 0 0 0, 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 , 0 0 0 , 0 0 0 POLICY JEC7 LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT 000 000 1 A X ANY AUTO 2088426206 12/31/08 12/31/09 (Ea accident) , , ALL OWNED AUTOS / BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ i i i ~ i (Per accident) ~ -- GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN ~ ACC $ AUTO ONLY: AGG $ EXCESSNMBRELLALIABILITY EACH OCCURRENCE 2, 000, 000 A X OCCUR ~ CLAIMSMADE 2088426156 12/31/08 12/31 /09 AGGREGATE $ 2,000, 000 / $ DEDUCTIBLE $ X RETENTION $ l O, O O $ WORKERS COMPENSATION AND X TORY LIMITS ER B EMPLOYERS' LIABILITY TSF0001096828 04/01/09 04/01/10 E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERlMEMBER EXCLUDED? ~ E.L. DISEASE - EA EMPLOYEE $ 1, O O O , O O O K es, describe under SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONS / VENI(:LtS I txGWSIUNS Auutu eT enuuNaelrten ~ i are~.w~ rnv~wwn~ RE: Project No 10025 - CCIA Airport Rescue and Fire Fightning Facility (ARFF) Improvements. (See Notepad) CERTIFICATE HOLDER CANCELLATION CICC - CC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 O DAYS WRITTEN City O f COrpuS Chri S t7. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Dept of Engineering Services IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Attn: Contract Administrator P O BOX 9277 REPRESENTATIVES. Corpus Christi TX 78469-9277 AU ZEDREPRES / / ACORD 25 (2001/08) ©ACORD CORPORATION 1988 _i~.. U 1 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) r~~ ` ~ ~,~, ~ M ;; t~ h,,~ ~ ~ , $ t ; ~,> ~ pad 3~, ,~ ,Tt~SC1ED'~E B $ s~~ro~t C~aay,~; I~a~-~~ c~ ~.w ~~.6 ~. ,s D~ET~O~~~t~9~ .. " The City of Corpus Christi is named as Additional Insured on the Geaeral Liability (via form G-140331-A) and Automobile Liability (via form CA0403) ~" policies. Waiver of Subrogation provided in favor of the City of Corpus Christi on the General Liability (via form CG2404), Automobile Liability (via form CA2089) and workers Compensation (via. form wC420304A) Texas Notice of Material Change (30 Day Notice of Cancellation) provided to the City of Corpus Christi oa the Geaeral Liability (via form CG0205), Automobile Liability (via form CA0244) and Workers Compensation (via ferm WC420601) ADDITIONAL INSURED, WAIVER OF SUBROGATION AND 30 DAY NOTICE OF CANCELLATION ENDORSEMENTS ARE ATTACHED. .. ..., .. .. -. . ; .. Vr~:~ ACORD ~ ~ ~~I~ ~i I~~~ ' RPreewl - . ~ .. .. ; . _ _ _ .. 09/29/09 .._....._._..... ... _.. THIS IS EVIDENCE THAT NtSINiANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS AlL THE RIGHTS AND PRMLEGES AFFORDED UNDER THE POLICY. ~' ~~ 3i1-662-6513 r361-651-2006 e01Ne' Hosdea Inwsaaw Rreat 1lprieen Ine Co o! xt >P. O. 'os 1066 Cospue Chsieti 771 76103-1066 1111 eaet wesee wNe~ oR >~i-1 we~t® teO1M1110O1 /OH6111Wee1 / IIlp157S19600 >! B 'ooosott Cowpany. Ira \ J ~Ma wwaeee-n e~ P. O. •ooe 2643 w( 09/26/09 03/26/10 a'~neraae~ae Cospue Cllrieti 771 76403 nee~r~aeeneereeeaw+ok uw~eww~er+wr 001 xidaai~ of Doore- CC Int'1 111rport 1000 Zntosnetioaai Ariva Cospee Clueieti '7'7L 78106 lIN~ONMA710!!1 . --••- --•--- -~---- -. eorwawaaerwa ere~wraeewrae oaue+r~e Suildase Itiek 11>lwnt of Cewrega 505, 000 5, 000 sseiudinq xindatora s 8aii / R_ .1~IIRfpol~i`•....... ... ~_ .... _ . •H:eapt 10 Daye !os non-payaant o! pswiiva. .. _, .. :..... .: .... •~. •. :. r"..Srl_'~i: J.'~.r''~.:.~..::L.~er.; 1;.. .:~...i:.a~..~. .~~.-~~~i...__._.._C.::_.~'. a `~..._._~ .. ._..:~..`.._. r ...___ ~ ... . ~... ~~ THE POLICY IS SUBJECT TO THE PREMIUMS. FORMS. ANO RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE ~ POLICY BE TERMINATED. THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30• DAYS ViIRi1TEN NOTICE. AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST. 6V ACCORDANCE WITH THE POLICY PROVISIONS OR AS REOWRED BY LAW. w.eaeneoea~ rort+o~a[e >< ~ooma...ew~o f .e.....@ x 3o Daoc• / t0""' City of Cospns Cbsieti; Dapt . V et !e-ginaarfalg 6ssvieas p O sez 9277 e11,,,e®,~,r,,,,,,. Corpus Chriatf 771 76169-9277 ~ ~~ ~ ;. ,. . AcoRQ =T ...1 ~ - : , • . :. ~ .. !!-9DRD . .... _ ... TIO,N 1i9S ~~~~ B E Beecroft Comaany inc r DatOtb~~>s~eia~Ct 09-28-09 ~ IMP15?519600 p~p~ pfd 09-28-09/03-28-10 Btdldeea' ~ / ~ Floater Natae of Camay tbia ~ (qti ~rNlnot ntti ~ dienb~re via ~ ~~ alts wsi..ueyov<palia~ Ia aaoddeaotioa of ago olua~e fa p~ add the fol~riog ae o addNiaai iround: CI~y of GorpM1r Depasaoteat ot'~ Services P.O. Hoar 9277; Attn: Ooatraot A~diq~a3ataator Coep~a Cl~iee1,17C 7S4d9Al77 Shoald dae above dd~ed pollcjr be aaroeikd or na~itttiy ohsa®ed befona the eatpiradon data thoee~ the iesaiog oorn~y Mill a~ 30 days rireigau stotioe b the abo~re aumaed. * t*except 1o days for non-payment of premium) ent . Borden Insurance ATTACffiV~N'S 4 1 of 1 KK-QL00 Texas Windstorm Insurance Association 'I1V1A WfiD APPLICAT[ON FUR VVINDSTURM & HA[L INSURANCt: Application # ! 558543-00-3 Commercial Application Any handwritten premium bearitt~ changes will VOID this applics-tion and cave it to be returned. A'I"I'ACH CH@CK UR MONBT URllEK 1=UIi NI:'!' PREMIUM + SUKCHARGL•S TO APPLICATIO\ \,1A1F. OF 1\SURED ADD A1AILINC ADDRESS 1KSURED'S AGT:\"1'S NAI~tE A\D t~iAIRItiG ADDRESS 6 E Dcccroft Company Inc Borden lnsumucc P O Boz ?643 PO Dox IU6b Corptu Christi,l'X 78405 Corpus Christi, 'fX 78403 TD[ Lic 8b34 4122lU9 31221[(1 A't' 1_ O1 A.M. 5tandanl7'itne At Ttte Location Uf1 mpeny POLICY TERM RIiQUESTED 'f0 ~• Inception Lxpintiort Agency Petaottncl wfio may be contacted concerning [his application Previous ar Reference ~ : ne~v Terri Kizer! (361)693-1744 Customer Tracking Number : BEBEG-t P1:Ii1LS is this. policy prcrnium financwl'1 If ya. Aaach Donn I S lA 'TOTAL INSURANCE "TOTAL AMUUNf DUtd WINDSTORAf & HAIL ONLY No S505,000.00 5468.00 AIURTGAGI_F /LOSS PAYEE Loss Paycc City Of Corpus Christi, Engineering Services Attn: Contract Administrator, P O 13ox 9277, Carpus Christi, TX 78464 i.oan n: Project N10025 71tis application is rated bored on infomtanou shovm below '['WIA assumes no respunsibiiiry for erra-c or omissions by .I lieati n st y applicant. EXt9CU ~ Agent ale o Appiicatiorr Item Covcmgc Property and Fonn Description Coins Deductible Limit Of Premium No. NB % Liability I A Property Description: 1004 International Dme S 5,050.00 S 505,000.00 5405.00 1040 International Drive, Corpus Christi, Nucca County, T'X 7840b, Complex: Ccio Airport Rescue & Fire Fighting Facility (atti) imprvmts, Addition: NIA, Lot: NlA, Block; NlA, Section: NIA Underwriting Details: Stories: 1, Roof: Built-up, Conuructian: Semi Wind Resistant. . ECV:;505,400.00, ERC: SSOS,I)<l0.00, Area: 3004 sq. fl., Inside City Limiu at tirnc ofConstruction: Yli5 Dates of Cuusttuclion: 5tructtue : 0912?r2009 Additions: I~Upe RCpa1IS: i\06e Companion Palicy'f~pc: \'onc Companion Policy Company: Zurich Anicricrn lnsurartcc Company Builders Risk Fornt 21 Optional Picmiunt AdFuslmr~tts 5700 South htot'ac FxptessK•ay, Building E, Suite 530, Austin, Texas 78749 Page l of 3 P.O. Box 99090, Austin, Texas 78749-9090 512-89l-a9on 1 Fax 512-899-x950 A lication #i ! 558543-00-3 Item Coverage Property and Form Description Coins Deductible Limit Of Premium No. A/8 % Liability Increased Cost is Construction(23Ye) S63.00 End of Items Schedule Total Premium: 5468.00 Total Surcharges: S0.00 Total Premium + Total Surcharges: 5468.00 3700 South MoPac Expressway, Building E, Suiu 330, Austin, Texas 78749 P.O. Box 99090, Austin, Texas 78709-9090 312.899.4900 /Fax 312-899.4930 Page 2 oft #I POLICY D101®EQ Z[i8QR8D li7NQ; 111aD 11DDR888 C 2088426254 BEECROFT CONSTRUCTION, LTD. C/O SAM BEECROFT P.O. BOX 2643 CORPUS CHRISTI TX 78403 ... .:.....+........... . :. .....:. ...... r.• n .. ..r v +. :: :.: :.::.: v: :..:: •.v+}rr+:ivr.it+r:.x+ ~ .... ..vv.+ ..:': +.+ :...:::::::::. u .r .+ :•Sh ......... ..........r .. .... .n.'...... :.... .•.A^:h. ... ~.. 3 ::. .'v.::: ix •:::. ~:.v.•..f.: :rh: •.. .. r.... ~K ..': ^.+. i$" ff•..:.:::ii:~:: is v:.:v. •:. ~i:4Yti{•'v'f$C :i':Fi:::..f •. r.......:: yr.•::.: A:•.::."rr r....... v •Yl.:: v r::: + v..: n+.. i+.. ., .. ..rr'.:x:••r:;:,+x•r:;: ,. r• ..+•: :.•.:...•....:.:::.f•:• :.. r:f~.......y.r>::}'4 .:..::: ::::...... C.....+..:.. :.+ .•: :•: ::.,•..:,,.+:+.r :. ... +.:fY<r:. ~:o:'::` •r:. .................... .......... .::: •~:' :•.:r ''• .. `' -.-r,:: +.vv: •:~^.. ::•~¢~':ror r::.y.+i+ir: ^: v .................... :i. 4 •: v::: ry:: ^::.... ~~,j. ......n ....:..•.•vv. ' n. ....... nv.. +•. n ......+•. :r.: ;... ~:. r....... :+..v:i ~i::: ., :: w,.::: ::: '~.;: y.. ....v.:::.. ~.v~+•~.•.{~w:: :.. d?~;~.t wQ: ..:. :: :..'. ••'~.. ~++':: S ~ •. :.+"y...y.•r..:::,,,,~~, ^ .'.....ryi'w :::..:.:.......... .t ~'w..~: vas. y:: nv ...... ••..j,~:.~2a:::;,.r... :::::..•:.:.:.::...~. :..+,....:.:::..~•:::::.+.::.7a:..:....+• :................:. ~°9:.`.::•..fi............ r•.:.....:.:. ~..., ::ik^.c~r.;Y..r::::.:: ••.r:•:o;...;. ... .:.:. POLICY CH11~1O88 BlIDOAB~T 88pDCT~ 0 6I 16 / 8 8 This ChaaQa Sadors~at chaaQea tho Policy. Pioaso road it carofuily. This ChaaQo Eadors~at is a part o! your Policy sad takos effect oa tbo effective date of pour Policy, ualess aaother affective date i• shove. ~_ :_ Schedule CG2404-1093 Any person or organization that you have agreed in writing in a contract or agreement to waive any right of recovery against such person or organization, but only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. Y ~~ I L~./K~ Sae~et~ry cn.mm.~ of the eorro G-56015-B (ED. 11/91) Policy Number: 02088426254 V c~rA G1--140331-A (Ed. 011) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPlY TO THE ADDRIONA! INSURED IN THE EVENT OP OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1.OFTHIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE Trite endorsement modiRes insurance provided under the following: COMMERCIAL t3ENERAL LIABILITY COVERai3E PART SCHEDULE Name of Person or Orgarrization: Dwignabd Projsctr (Coverage under tltle endorsement is not of fscted by an entry or !lack of ~nby In the Sd~sduls d~ow.) A. tfliHO ~ AN INSURED (Section N is ameru~d b 3. Include as en insured any person or organization, Indudirrg any pereon or organization shown in the schedule above, (called additional insured) whom you are required b add as an additional insured on this poNiy under a written contract or writMn agreement; but the written orrtract or written agreement must be: 1. CuneMly in etted or becoming eHedive durirq the btm of this Policy; and Z. Executed prior to the "bodiy Injury; "property damage," or "pareonai and adveAiskrg Injury". 8. The Insurance provided to the additional insured is Ilmited as bllows: 1. That person cr organization is an additional insured solely kr liabitily due to your negiigsru~s spedticelty resulting from "your work" tar the addltbnai insured which ~ the subject of the weilten ontract or written agreement. No oovsrege applies to Uabtiity resulting from the sole negggence of the additional irusured. 3. The Limits of Insurence applicable to the C. additional instued are those spscitied in live written contract ar written agreement or in the Dederatbne of this pcticy, whichever is less. These Limlta of Insunrrme ere indushre ot, and not in addition b, the Limits of Insurertcs shown in the Dederations. The overage provided b the additbnal insured by Utz errdorsoment and psregraph f. of ttre dsflnition of "Insured contract' under DEFINITIONS (Section h do not eppty b "bodlty injury" or "Property damage' arising out of the "products-com~sted operatlorrs hazard unless required by the wAtbn contract or written 4. The insurance provided to the addilbrral insured doss not apply b "bodlty irrJury,' "property damage; or "personal and advertisbrg injury" arhing out o1 an architect's, errpinesr's, or surveyor's rendering of ar hilure b render any professional services including: e. The preparing, approving, ar tailing to prepare or approve rasps, sFwp drawings, opinions, reparb, surveys. ileb ordere, chsnge Orden: or drawings and specMcatbns; and b. Supervisory, ar hrepaction activities perbrmed as part of any retsted arehitsctural or engineering activittas. As respects the coverage provided under This endorsement, ACTION N - COYINERgAL oEN~ Lusamr coaonmNS are arrrondsd as follows: 1. The toAowing is added b the Duties In The Event of Occurrence, Otfenae, Claim ar Sutt Cortctdon: t3-140331 A Page 1 of 2 (Ed. 01101) a-1ao33t-A {Ed. 01Ni) •. M additional Insured under this endorsement will as soon as pradtcable: (1) t3Ne written notice of an occurrence or an offense ~ us which may resod fn a claim or "sod' under this insurance; (Z~ Tender the defense and indemnty of any claim or "suit' to any other insurer whid~ also has insurance for a loss vve t~ver under this Coverage Part; and (~) llgrae to nmke availaWa any other insurance which the arfditionai insured has for a las we cover under this Coverage Part. t. We have no dory to defend or indemnity an addi@onal Insured under ~~ endonement untll we receive wrlttsn noltoe of a dafm or "suit' tram the sddilional insured. 2. Parepraph 4.b. of the Other Insurance CondlNon is deleted and replaced with the following: 4. OtlNr patrtanoe b. Etsoesa Insurance This trmurance is excess Duet at~t other insurance naming the ad~iional insured as an insured whether prbnary, eousrss~ contingent or on any other basis unless a written conttad or written agreement apedfically requires that this insurance be either primary or primary and noncontributing. Ca-140331-A {Ed, otrol) Page 2 of 2 . 02088426254 " POLICY NUMBER. CO 24 0410 S3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OI: TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modiiiss insurance provided under the taik+vring: COMMERCIAL GENERAL LIABILITY COVERAGE PART 8CHEDtILE » ~_ ...~ .:.. ®_ Name at Parson of Oreantzatton: REFER TO SCHEDULE CGZ404 (H no entry appears above, inbrmation required b complete ihts endorsement will be shown in the Dedaratiorus as applicable to thin endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHER8 TO U8 Condition (Section N -COMMERCIAL GENERAL L{ABILITY CONDITIONS? is amended by the additlon of the following: We waive any right of recovery we may have agairwt the person or organization shown in the Schedule above because of payments we make for injury or damage arcing out of your ongoing operations or 'your work` done under a contract with that person or organization and included in the "products-completed operations tuuwd." This waterer sppliss ony to the person or organization shown in the Schedule above. C!3 24 04 10 93 Copyright, Insurence Services 018ce, Inc., 1692 POLICY NUMBER: C2 0 8 8 4 2 6 2 0 6 ~ CO~ERCIAL AUTO CAZON0t1a THlS ENDORSEMENT CHANGES THE PQUCY. PLEASE READ R CAREFULLY. J~TEXAS CHANGES IN TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modiNes insurance provided under the following: 8U81NESS AUTO COVERAGE FORM BUSINE88 AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM tMth to coverage provided by this endorsement, the provisions of ~e Coverage Form apply unless modified by the endorsement This endotaement changes the policy affective on the inception date of the policy unless another date Is indlcsted below. EndorsenroM Effective: Countersigned ey: Named Insured: ed Re ntative t3CHEQULE ~~ s _.._ ~_ t;~ '~, Nana OI Psraa>(s) O whose behalf you this salver of under a written Any parson or organization on are required to obtain sus right to recover fzom contract or agreement (lf no entry appears above, IMormatfon required m template this endorsement will be shown in the Dedara6ons as applicable to the endorsement.) The Trsrrsfar Of Rights Of Recovery Against Others To sdditlonal premium shovrn above, regsnilass of any Us Conditlon doss not appy to the person(s) or esrly termination of this endorsement or the policy. orgsnlzatlon(s) shown in the Schedule. We w!p retain the CA t~ tlo Oti 04 lopyright, ISO PrvpeNes, inc., 2003 tape 1 of 1 POLICY NUMBER: c2 o s e 4 2 6 2 0 6 COMMERCIAL AUTO CA 04 OS Od 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. /TEXAS ADDITIONAL INSURED This endorsement modNies insurence provided under the following: f BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FOAM TRUCKERS COVERAGE FORM With reaped to coverage provided by this endorsement, the provisions of the Coverage Form appy unless mocGtied by the andasement. This endorsement changes the policy effective on the irrcepllon daN of the policy unless another date <s indicated below. Endorsement Eifedive: Countersigned ey: Nerved Insuredt Authorized R re~ntative SCHEDULE 8 s ao !® Nerve and Address of Additional insured: (It no entry appears above, information required to complete lids endon=ement will be shown in the Dedaratlons as applicable b this endorsement.) A. B. who Is An insured (Ssdion IQ la amended a indude as an 'insured' the person(s) or organizatlon(s) shown In the Schedule. but only wUh rasped to their Iegel.liabilUy for ads or om~ons of a person br when Liebilily Coverage is aHorfsd under ~~ policy. The additlonal insured named in the Schedule or Dadsrations is not required to pay for any premiums slated to the policy or earned from the policy. Any return .premium and any dnridend, U applicable, declared by ~ shall be paid to you, CA 04 OS OS 04 C. You are authorized to ad for Me additonal insured named in the Sdtsdule or Dedaretions In a0 matters pertaining to Chia itrurence. 0. We wiU meU the additonat Insured named in the ScheduN or Dederetlons notice of any caneeUation of this poliry. It we cancel. we will eve 10 days notice in the additional insured. E The additional insured named in the Schedule or Dedaretions wUl retain any right of recovery as a daimant under this policy. Copytlght, ISO Properties, Inc., 2003 Page 1 of t POLICY NUMBER: czosa4a6as4 R/ COMMERCIAL GENERAL LIABILITY CG 02 061204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT .CAREFULLY. ~' TEXAS CHANGES _ AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement rnodii"ies insurance provided under the following: ' COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: City of Corpus Christi 2. Address: Department of Engineering Services Attn: Contract Administrator P O Box 9277 Corpus Christi, TX 78469-9277 3. Number of da advance notice: 3 0 Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations. Named Insured: B E Beecroft Company Inc Policy Number: 02088426254 Effective Date of This Endorsement:: 09/18/09 Aut orized Representative: V/ Name (Printed): Allen G Borden, Borden Insurance Title (Printed): Executive Vice President CG 02 051204 ®ISO Properties, inc., 2003 Page 1 of 1 O POLICY NUMBER: c2ose4262o6 COMMERCIAL AUTO CA 0244 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modes insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: Authorized Re resentative SCHEDULE Number of Days' Notice 3 0 City of Corpus Christi Neme Of Person Or Organization Department of Engineering Services Attn: Contract Administration / Address P O Box 9277 ~~// Corpus Christi, TX 78469-9277 If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indicated in the Schedule. Named Insured: B E Beecroft Company Inc Policy Number: 02088426206 Effective Date of This Endorsement: 09/18/09 Au orize Representative: ( V~ Name (Printed): Allen G Borden, Borden Insurance Title (Printed): Executive Vice President CA 0244 06 04 ®ISO Properties, Inc., 2003 Page 1 of 1 D WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 420601 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 / 2. Notice will be mailed to: V CITY OF. CORPUS CHRISTI DEPT OF ENGENEERING SERVICES / PO BOX 9277 `/J CONTRACT ADMIN CORPUS CHRISTI, TX 78469 This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 'September 17 , 2009 at 12:01 A.M. standard time, forms a part of Policy No. TSF-0001096828 20090401 ofthe Texas Mutual Insurance Company Issued to B E BEECROFT COMPANY , I NC Premium $ 0 .00 Endorsement No. 5 ~i/ ~ ~'l~ !/~/ Authorized Representative WC420601 (ED. 1~4) WASENDRS 9-17-2009 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC420304A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED , SEE INFORMATION PAGE . This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The Iollowing "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on / at 12:01 A.M. standard time, forms a part of Policy No. TSF-0001096828 20090401 of the Texas Mutual Insurance Company Issued to B E BEECROF T COMPANY , I NC / Endorsement No. Premium $ / ~ 0~~ v/ ~ Authorized Representative WC420304A (ED. 1-01-2000) INSURED'S COPY JOPARKS 3-31-2009