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HomeMy WebLinkAboutC2011-393 - 9/27/2011 - ApprovedS P E C I A L C 2011 -393 M2011 -216 09/27/11 P R O V IB.E. Beecroft Company, Inc. S P E C I F I C A T I O N S 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 CO1►+MUNICATION CENTER, PERIMETER SECURITY , STANDBY GENERATOR AND COMMERCIAL AVIATION APRON LIGHTING UPGRADES PGilt TBPE FIRM REG. NO. F -2742 3131 Briarpark, Suite 200 HOUSTON, TEXAS 77042 PHONE: 713 - 622 -1444 FAX: 713-968-9333 CARRY R. PATTERSON 82813 AUGUST 1, 2011 PATTERSON - MEP PREPARED BY: AUGUST 1, 2011 PGAL ARCHITECTURE CITY PROJECT NO: E10075 DRAWING NO: AP -136 PGAL PROJECT NO: R1001252 ■r•t ` CF 7. 1 •.- .'..fix! f� . • ' -_ rr \ WI ^tt•E_ F. L.A aR U. C err X14 3, AUGUST 1, 2011 PGAL- PROJECT COORDINATOR y� *S 0_ Tf'�s( ■ AUGUST 1, 2011 PGAL STRUCTURAL •1/41%.„*.1-4 VICTOR oim . R J • 77761 dif d. AUGUST 1, 2011 CRGE PERIMETER SECURITY FOR: DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS Phone: 361/826-3500 Fax: 361/826 -3501 CORPUS CHRISTI INTERNATIONAL AIRPORT COMMUNICATION CENTER, PERIMETER SECURITY, STANDBY GENERATOR AND COMMERCIAL AVIATION APRON LIGHTING UPGRADES Project No. E10075 Table of Contents NOTICE TO BIDDERS (Revised 7/5/00) NOTICE TO CONTRACTORS A (Revised March 2009) Insurance Requirements NOTICE TO CONTRACTORS - B (Revised 1/13198) 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 3/06/2001) Notice of Requirements forAffirmative Action to Ensure Equal Opportunity (Executive Order 11246, as amended PART A - SPECIAL PROVISIONS (Revised 9/18/00) 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 A -13 Area Access and Traffic Control A -14 Construction Equipment Spillage and Tracking A -15 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 -21 Project Signs 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 A 25 Sales Tax Exemption NO LONGER APPLICABLE (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 Table of Contents 1 of 7 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 A -36 Other Submittals (Revised 9118100) (NOT USED) ' (NOT USED) A -38 Worker's Compensation Coverage for Building or Construction Projects for Government Entities A -39 Certificate. of Occupancy and Final Acceptance A-40 Amendment to Section B -8-6: Partial Estimates A 41 Ozone Advisory (NOT USED) A-42 OSHA Rules & Regulations A-43 Amended indemnification & Hold Harmless (9/98) A-44 Change Orders (4126199). A-45 As -Built Dimensions and Drawings (7/5/00) (NOT USED) (NOT USED) A-48 Overhead Electrical Wires (7/5/00) A-49 Amended "Maintenance Guaranty" (8/24/00) A -50 Amended Prosecution and Progress" SUPPLEMENTARY SPECIAL PROVISIONS (the following added by Consulting Engineer) A -51 Dewatering A -52 Rain Delays A -53 NPDES Notice of intent Submittal A 51 Physical Data (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 ATTACHMENT 1 — Sample Computer Printout ATTACHMENT 2 --- Project Sign Layout ATTACHMENT 3 — Federally Required Language For Construction Contracts Corpus Christi International Airport Background Verification Form Corpus Christi Employment and Personal History Form Airport Construction Safety Plan FAA Advisory Circular 150153702E — Operational Safety on Airports During Construction PART B - GENERAL PROVISIONS (rev. Nov /94) PART C - FEDERAL WAGE RATES AND REQUIREMENTS PART S - STANDARD SPECIFICATIONS CITY OF CORPUS CHRISTI -- STANDARD SITEWORK 025203 Geogrid Reinforcement of Paved and Unpaved Roadways 025802 Temporary Traffic Controls During Construction 027610 Televised Inspection of Conduits 030020 Portland Cement Concrete 032020 Reinforcing Steel Table of Contents 2 of 7 PART T - TECHNICAL SPECIFICATIONS FAA GENERAL 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 Limits (PWL) GP -120 Nuclear Gages DIVISION 01 - GENERAL REQUIREMENTS 011000 Summary 012100 Allowances 012500 Substitution Procedures 013100 Project Management and Coordination 013200 Construction Progress Documentation 013300 Submittal Procedures 013500 Cad File Transfer Policy - Architecture 014000 Quality Requirements 014200 References 015000 Temporary Facilities and Controls 016000 Product Requirements 017300 Execution 017700 Closeout Procedures 017900 Demonstration and Training DIVISION 02 - EXISTING CONDITIONS 024119 Selective Demolition DIVISION 03 — CONCRETE 033000 Cast -In -Place Concrete DIVISION 06 -WOOD AND PLASTICS 061053. Miscellaneous Rough Carpentry 064116 Plastic- Laminate - Faced Architectural Cabinets DIVISION 08 - DOORS AND WINDOWS 081216 Aluminum Frames 088000 Glazing DIVISION 09 - FINISHES 092216 Non -Load Bearing Steel Framing 092900 Gypsum Board Table of Contents 3 of 7 1 095113 Acoustical Panel Ceilings 096513 Resilient Wall Base and Accessories 096813 Carpet Tile 099000 Painting (Professional Line Products) DIVISION 10 - SPECIALTIES 105220 Fire Extinguisher Cabinets 105230 Fire Extinguishers DIVISION 23 —HEATING, VENTILATING, AND AIR - CONDITIONING (HVAC) 235010 Mechanical General Conditions 235020 Starting of Systems 235060 Hangars, Supports, and Foundations 235070 Mechanical Sound and Vibration Control 235075 Mechanical Identification 235080 Mechanical Insulation 235180 Refrigerant and Equipment Drain Piping 235671 Air Cooled Condensing Units 235760 Fan and Coil Units 235810 Ducts 235820 Duct Accessories 235850 Air Outlets and Inlets 235860 Air Cleaning Devices 235955 Temperature Controls 235985 Sequence of Operation 235990 Testing, Adjusting, and Balancing DIVISION 26 — ELECTRICAL 260010 Special Provisions for Electrical Work 260110 Raceways 260111 Conduit and Fittings 260120 Wire and Cable - 600 Volts and Under 260131 Junction and Pull Boxes 260134 Outlet Boxes 260141 Wiring Devices 260150 Motors, Controllers and Electric Powered Equipment 260170 Disconnect Switches 260190 Supporting Devices 260450 Grounding 260476 Fuses 260501 Lighting Fixtures 260603 Empty Raceway Systems 260621 Emergency Generator (Medium Voltage) 260622 Protected Above Ground Storage Tanks 260910 Temperature Controls DIVISION 27 — COMMUNICATIONS 271324 Communications Backbone OSP Fiber Optic Cabling Table of Contents 4 of 7 DIVISION 31 — EARTHWORK 316329 Drilled Concrete. Piers and Shafts DIVISION 32 — EXTERIOR IMPROVEMENTS 323100 Cantilever Structural Slide Gate FAA REFERENCED — STANDARD SPECIFICATIONS GENERAL CONSTRUCTION G -300 Construction Barricades and Traffic Control G -500 Mobilization G -700 Demolition PAVING & EARTHWORK FOR PAVING P -101 Surface Preparation P -151 (MOD) Clearing and Grubbing Modifications P -151 Clearing and Grubbing P -152 (MOD) Excavation and Embankment Modifications P -152 Excavation and Embankment P -156 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control Modifications P -156 Temporary Air and Water Pollution, Soil Erosion and Siltation Control P -602 (MOD) Bituminous Prime Coat Modifications P -602 Bituminous Prime Coat P -603 (MOD) Bituminous Tack Coat Modifications P -603 Bituminous Tack Coat P -605 (MOD) Joint Sealing Filler Modifications P -605 Joint Sealing Filler FENCING F -162 (MOD) Chain -Link Fences Modifications F -162 Chain -Link Fences DRAINAGE D -701 (MOD) Pipe for. Storm Drains and Culverts Modifications D -701 Pipe for Storm Drains and Culverts D -752 Concrete Culverts, Headwalls and Miscellaneous TURFING T -901 Seeding Modifications T -901 Seeding LIGHTING & ELECTRICAL L -110 (MOD) Installation of Airport Underground Electrical Duct Modifications L-110 Installation of Airport Underground Electrical Duct L -115 (MOD) Electrical Manholes and Junction Structures Modifications L -115 Electrical Manholes and Junction Structures Table of Contents 5 of 7 SPECIAL SPECIFICATION SP-4 Worker Safety Requirements for Excavation and Trenching Operations TXDOT REFERENCED — STANDARD SEPCIFICATIONS TxDot 247 Flexible Base TxDot 340 Dense- Graded Hot -Mix Asphalt (Method) TxDot 467 Safety End Treatment LIST OF DRAWINGS CCIA COMMUNICATIONS CENTER, PERIMETER SECURITY, STANDBY GENERATOR AND COMMERCIAL AVIATION APRON LIGHTING UPGRADES INDEX OF SHEETS CONSULTANT SHT. SHEET TITLE SHEET NO. ? NO. C 0.00 1 COVER SHEET & SHEET INDEX 00.01 2 PROJECT. INFORMATION/CODE ANALYSIS • 00.02 ' -00.03 3 : - 4 ADA STAN DARDS 00.04 1 5 NOT USED 01.01. 1 . 6 OVERALL PROJECT LOCATION MAP 02.01 7 . GENERAL CONSTRUCTION NOTES ARCHITECTURAL DRAWINGS - COMMUNICATIONS CENTER AI: 01 r . 8 ARCHITECTURAL GENERAL INFORMATION A0.10 ! 9 PARTITION, DOOR & FINISH SCHEDULES A132.01 i : 10 DEMOLITION FLOOR PLAN A 2.01. 11 FLOOR PLAN /REFELCTED CEILING PLAN A8.01 . f 12 INTERIOR ELEVATIONS A8.50 e , 13; INTERIOR DETAILS MECHANICAL DRAWINGS - COMMUNICATIONS CENTER, STANDBY GENERATOR AND COMMERCIAL AVIATION AR PON LIGHTING UPGRADES witai. : 14: MECHANICAL PLAN - COMMUNICATIONS CENTER M2.01 I f 15: MECHANICAL SCHEDULES & DETAILS M3.01 1 16.. MECHANICAL DETAILS RAW INGS. - COMMUNICATIONS CENTER, STANDBY GENERATOR AND . ELECTRICAL DRAWINGS. COMMERCIAL AVIATION ARPON LIGHTING UPGRADES ELI .01 I 17 ELECTRICAL NOTES AND SYMBOLS E2.01 ' 18_ ELECTRICAL SITE PLAN E3.01 1 19 COMMUNICATION CENTER POWER AND SIGNAL PLAN E13.02 . 20 COMMUNICATION CENTER LIGHTING PLANS EI4.01 21 • STANDBY GENERATOR WEST SWITCHGEAR E':5.01 22 STANDBY GENERATOR MAIN ELECTRICAL ROOM E 6.01 f 1 23 STANDBY GENERATOR EAST SWITCHGEAR. E17.01 24 COMMERCIAL AVIATION APRON LIGHTING E8.01 1 25 ELECTRICAL DIAGRAM . E19.01 1 : 26 ELECTRICAL SCHEDULES AND DETAILS E110.01 I ; . 27 ELECTRICAL DETAILS 511.01 ; S.11.03 28- - 30 GENERATOR FOUNDATION PLAN & DETAILS - Table of Contents 6 of 7 PERIMETER SECURITY UPGRADE DRAWINGS C 1.01 31. PERIMETER SECURITY OVERALL SITE PLAN 01.02 32 NOT USED C 2.01 1 33 PERIMETER SECURITY SURVEY CONTROL MAP C 2.02 34 PROJECT SAFETY PLAN C 3.01 - C 3.03 35 - 37 BASELINE ',N & PROPOSED .FIBER OPTIC CABLE IMPROVEMENTS (1 OF 3) C' 3.04 38 PROPOSED CONDUIT AND HAND HOLES STA 229 +60 TO STA 249 +21 C 3.05 39 FIBER OPTIC CABLE FROM COMMUNICATIONS CENTER TO END OF TUNNEL C' 4.01 40 GATE 37B EXISTING CONDITIONS & DEMOLITION PLAN G' 4.02 41 GATE 37B PROPOSED DRIVEWAY IMPROVEMENTS & GRADING PLAN 04.03 i 42 . GATE 40B EXISTING CONDITIONS & DEMOLOTION PLAN C 4.04 43 : GATE 40B PROPOSED DRIVEWAY IMPROVEMENTS & GRADING PLAN 04.05 44 GATE 41 B EXISTING CONDITIONS & DEMOLITION PLAN C 4.06 '. 45 GATE 41B PROPOSED DRIVEWAY IMPROVEMENTS & GRADING PLAN C 5.01 - CI 5.03 46 -.48 SLIDE GATE & SECURITY FENCE DETAILS. 05.04 `- 0,,505 49`- 50 FIBER OPTIC CONDUIT, HAND HOLE AND TUNNEL DETAILS 0,5.06 51 COMMUNICATIONS MANHOLE INSTALLATION DETAILS 05.07 52 MISCELLANEOUS DETAILS C; 6.01 53., ELECTRICAL SCHEDULES, DETAILS & RISER DIAGRAM 06.02 -06.03 54 -:55 ACCESS CONTROL, CCTV& ELECTRICAL DETAILS 0 6.04 56 SECURITY CAMERA ON E -LINE DIAGRAM 07.01 57 BARRICADE & SAFETY DETAILS C18.01 58 • GATE 376 STORM WATER POLLUTION PREVENTION PLAN 08.02 59: : GATE 40B STORM WATER POLLUTION PREVENTION PLAN 0,8.03 60 ; ; GATE 41B STORM WATER POLLUTION PREVENTION PLAN 08.04 I 611 STORM WATER POLLUTION PREVENTION PLAN NARRATIVE • C =8.05 62: STORM WATER POLLUTION PREVENTION DETAILS 0;9.01 '- C9.03 63 -. 65 SAFETY END TREATMENT DETAILS 0 10.01 66: ; OVERALL TRAFFIC CONTROL LAYOUT PLAN 0 10.02E . 67 GATE 37B TRAFFIC CONTROL PLAN C10.03 ? 68 GATE 40B TRAFFIC CONTROL PLAN Ci10.041 69 GATE 41B TRAFFIC CONTROL PLAN 010.05 kC 10.07 70; - :72 TRAFFIC CONTROL DETAILS NOTICE AGREEMENT PROPOSAL/DISCLOSURE STATEMENT PERFORMANCE BOND PAYMENT BOND Table of Contents 7 of 7 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals, addressed to the City. of Corpus Christi, Texas for CCIA COMMUNICATION CENTER, PERIMETER SECURITY, STANDBY GENERATOR AND.COMMERCIAL AVIATION APRON LIGHTING UPGRADES, Project. No. E10075, which consists of the following: Base Bid comprised of the following project components: 1) CCIA Communications Center (Comm Center) upgrades include renovating the existing communications center in the CCIA terminal building to meet current needs. The existing space will be enlarged through the removal of the north wall that currently separates the Comm Center from the storage and baggage rooms. The enlarged space will have new finishes, lighting, flooring, windows and doors as well as electrical and HVAC upgrades. The existing outer room south of the Comm Center will also be improved to serve as a conference room and gathering space during emergencies. A new window with privacy screen will be added to allow personnel in the conference room to monitor the happenings in the Comm Center. 2) Perimeter Security Upgrades will include the installation of new motorized security gates at existing gate locations 37B, 40B, and 41B around the Airport perimeter. Additionally, each'location will receive a pan -tilt -zoom camera, area lighting., HID proximity card readers and other security upgrades as designed. The project will include the. . pulling of new fiber optic cable through existing and new underground PVC ductbanks to connect back to the Airport terminal. New sections of duct bank will be constructed and existing manholes and pull boxes will be used where they exist. Fiber will be installed from the farthest gate to the IDF data room inside the terminal. 3) Standby Generator Upgrades include the purchase and installation of a new generator to supplement the existing 1000 -Kv generator that currently provides emergency power to CCIA. Upgrades will also include refurbishment to the existing switch gear that engages the system during power interruptions as well as a high capacity fuel tank for the existing generator. . 4) Commercial Aviation Lighting Upgrades includes the replacement of the existing commercial apron pole mounted lighting with new poles and fixtures that meet current wind codes and lighting requirements. The new poles will be mounted on the existing pole foundations and will be designed with hinged poles to facilitate safer maintenance. will be received at the office of the City Secretary until 2:00 p.m. on Wednesday, August. 31, 2011, 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 24, 2011 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 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 /l00 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. Revised 7/5/00 • 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,u "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 /5/ Pete Anaya, P.E. Director of Engineering Services /s/ Armando Chapa City Secretary Revised 7/5/00 NOTICE TO CONTRACTORS •�J 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 all certificates Bodily Injury and Property Damage PER OCCURRENCE / AGGREGATE Commercial General Liability including: 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 $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED ' $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -term environmental impact for the disposal of contaminants $2;000,000 COMBINED SINGLE LIMIT M REQUIRED X NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements REQUIRED X' NOT REQUIRED INSTALLATION FLOATER See Section B -6 -11 and Supplemental Insurance Requirements' 17 REQUIRED NOT REQUIRED Page 1 of 2 ❑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 5 -6 -11 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 11 TITLE 28 PART 2 CHAPTER 110 SUBCHAPTER B RULE §110.110 Texas Administrative Code INSURANCE TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION REQUIRED NOTICES OF COVERAGE EMPLOYER NOTICES 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 sa 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, 001_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 2of11 1 "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 all 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 on 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 i q P document in which they are contained or to impose stricter standards of documentation: Attached. Graphic Page3ofll (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 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, anew 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 contractor 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 a self-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 5of11 (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 (11) 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 or 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 10.89, 74th Legislature, 1995, § 1.20 ). This subsection a pp lies onl y 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 6, 1995, 20 TexReg 8609 Page 7 of 11 T28S110.110(d)(7) "REQUIRED WORKERS' COMPENSATION COVERAGE" "The law requires that each person working 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 verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 8of11 T28S 110.110(c)(7) Article Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "cert cate')- A copy of a certificate of insurance, a certificate of authority to se(/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 ori the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees.. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor. carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services does not include activities unrelated to the project, such as food/beverage vendors, office ice supply deliveries, and delivery of portable . toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and 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 with the governmental entity s howing that coverage has been extended. E. The contractor shall obtain frorn 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 1.1 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. • G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 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. f 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 filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period,- a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notes the governmental entity 112 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, t� perform as required by paragraphs (1) = (7), with the certificates of coverage to be provided to the person for whom, they are providing. services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by 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 a self-insured, with the commission's Division ofSelf- 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 f the contractor does. not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Page 11 of 11 a 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 will 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 contract's 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 participation for . each trade Insert goals for each year Goals for female participation in each trade insert goals for each year : These goals are applicable to all the contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered'area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60 -4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60- 4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training 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 is to 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 CCIA COMMUNICATIONS CENTER, PERIMETER. SECURITY, STANDBY GENERATOR AND ,COMMERCIAL AVIATION APRON LIGHTING UPGRADES Project No. E10075 • SECTION A - SPECIAL PROVISIONS A -1 Time and Place of Receiving Proposals /Pre -Bid Meeting 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, 12.01 Leopard Street, until 2:00 p.m., Wednesday, August 31, 2011. Proposals mailed should be addressed in the following manner:. City Secretary's Office City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 ATTN: BID PROPOSAL -.CCIA COMMUNICATION CENTER, PERIMETER SECURITY, STANDBY GENERATOR AND COMMERCIAL AVIATION APRON LIGHTING UPGRADES, Project No.E10075 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 bid opening. A pre -bid meeting will be held on Wednesday, August 24, 2011, beginning at 10:00 a.m. The pre -bid meeting will convene at Corpus Christi International Airport, Administrative Office, 1000 International 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 Description of Project CCIA COMMUNICATION CENTER, PERIMETER SECURITY, STANDBY GENERATOR AND COMMERCIAL AVIATION APRON LIGHTING UPGRADES, Project No. E10075, which consists of the following: 1) Base Bid comprised of the following components: A) .CCIA Communications Center (Comm Center)upgrades include renovating the existing communications center in the CCIA terminal building to meet current needs. The existing space will be enlarged through the removal of the north wall that currently separates the Comm Center from the storage and baggage rooms. The enlarged space will have new finishes, lighting, flooring, windows and doors as well as electrical and AVAC upgrades. The existing outer room south of the Comm Center will also be improved to serve as a conference room and gathering space during emergencies. A new window with privacy screen will be added to allow personnel in the conference room to monitor the happenings in the Comm Center. Perimeter Security Upgrades will include the installation of new motorized security gates at existing gate locations 37B, 40B, and 41B around the Airport perimeter. Additionally, each location will receive a pan -tilt -zoom camera, area lighting, HID proximity card Section A — SP (Revised 9/18/00) Page 1 of 30 readers and other security upgrades as designed. The project will include the pulling of new fiber optic cable through existing and new underground PVC ductbanks to connect back to the Airport terminal. New sections of duct bank will be constructed and existing manholes and pull boxes will be used where they exist. Fiber will be installed from the farthest gate to the IDF data room inside the terminal. C) Standby Generator Upgrades include the purchase and installation of a new generator to supplement the existing 1000 -Kv generator that currently provides emergency power to CCIA. Upgrades will also include refurbishment to the existing switch gear that engages the system during power interruptions as well as a high capacity fuel tank for the existing generator. D) Commercial Aviation Lighting Upgrades includes the replacement of the. existing commercial apron pole mounted lighting with new poles and fixtures that meet current wind codes and lighting requirements. The new poles will be mounted on the existing pole foundations and will be designed with hinged poles to facilitate safer maintenance. 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 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. Explanation of Proposal Form: 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 Bond (Must reference CORPUS CHRISTI INTERNATIONAL AIRPORT COIMUNICATION CENTER, PERIMETER SECURITY, STANDBY GENERATOR AND COMMERCIAL AVIATION APRON LIGHTING UPGRADES, Project No. E10075, as identified in the. Proposal) (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 and eighty (180) 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 proceed. Section A — SP (Revised 9/18/00) Page2of30 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 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 and highway construction. In case of conflict, Contractor shall use highcr.wagc ratc. 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 SectionA -SP (Revised 9/18/00) Page 3 of 30 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 and Verizon Dig Alert at 1- 800 -483 -6279. For the Contractor's convenience, the following telephone numbers are listed. City Engineer CCIA Engineer -Grace Gonzalez, PE CCIA Facilities Manager -Carl Gross Project Engineer A/E Project Engineer PGAL - Michael Lawrence City Traffic Engineer Police Department Water Department Wastewater Department. Gas Department 885 -6900 Storm Water Parks & Recreation Street & 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 Maintenance of Services 361/826 -3500 361/289 - -0171 ext 1223 361/289 -0171 ext 1236 826 -3500 713/622 -1444 (direct 713/968 -9375) 826 -3540 886 -2600 • 826 -1881 (826 -1880 after hours) 826 -1800 (826 -1880 after hours) (885 -6900 after hours) . 826-1875 (826 -1880 after hours) 826 -3461 826 -1940 1- 877 - 373 -4858 881 -2600. (1- 800- 824 - 4424. after hours) 826 -1946 826 -5000 887 -9200 225 - 214 -1169 881 -5767 512/935 -0958 972/753 -4355 (826 -3547) (826 -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 Section A — SP (Revised 9/18/00) Page 4of30 such repairs must conform to the requirements of the company or agency that owns the utilities. where 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. A -13 Area Access and Traffic Control Sufficient traffic control measures must be used to assure a safe condition and to provide a. minimum of inconvenience to motorists and the public. All weather access must be provided to all residents and businesses at all times during construction. The Contractor must provide temporary driveways and /or roads of approved material during wet weather. The Contractor must maintain a stockpile on the Project site to meet the demands of inclement weather. The Contractor will be required to schedule his operations so as to cause minimum adverse impact on the accessibility of adjoining properties. This may include, but is not limited to, working driveways in half widths, construction of temporary ramps, construction detours, etc. The Contractor shall comply with applicable F'AA regulations and Advisory Circulars and the current version of the Manual on Uniform Traffic. Control Devices. the City of Corpus Christi's Uniform Barricades Standards and Practices as adopted by the City. Copies of this document arc available through the City's Traffic Engineering Engineering Department. payment will be made to Contractor. A -14 Construction Equipment Spillage and Tracking 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 Excavation 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 unless otherwise noted. All necessary removals including but not limited to pipe, etc., are to be considered subsidiary to the bid item for "Excavation "; therefore, no direct payment will be made to Project must be removed driveways, sidewalks, "Street Excavation" or Contractor. Section A — SP (Revised 9/18/00) Page 5 of 30 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. All light fixtures . and other items specified for salvage shall be delivered to the Owner as directed: A-17 Field Office The Contractor must furnish the City Engineer or his representative with a field office at the construction site. The field office must contain at least 120 squarre feet of useable space. The field office must be air- conditioned and heated and must be furnished with an inclined table that measures at least 30" x 60;' and two (2) chairs. The Contractor shall move the field office on the site as required by the City Engineer or his representative. The field office must be furnished with a telephone (with 24 -hour per day answering service) and FAX machine paid for by the Contractor. There is no separate pay item for the field office. 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. 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 (NOTT 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: sections, measurements, bench marks, baselines, etc. that construct a project of this nature. Major controls and two (2) bench marks required for project by the City or Consultant Project Engineer. lines, slopes, grades, are normally required to layout, will be provided 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 SectionA —SP (Revised 9/18/00) Page6of30 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 Contractor's 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. The Contractor shall tie in or reference all valves and manholes, both existing and proposed, for the purpose of adjusting valves and manholes at the completion of the paving process. Also, the City or Consultant Project Engineer may require that the Contractor furnish a maximum of two (2) personnel for the purpose of assisting the measuring of the completed work. The Contractor shall provide the following certification for documentation and verification'of compliance with the Contract Documents, plans and specifications. Said compliance certification shall be provided and prepared by a Third Party independent Registered Professional Land Survey (R.P.L.S.) licensed in the state of Texas retained and paid by the Contractor. The Third Party R.P.L.S. shall be approved by the City prior to any work. Any discrepancies shall be noted by the Third Party Surveyor and certify compliance to any regulatory permits. Following is the minimum schedule of documentation required: For taxiway pavement to be milled and overlaid: 100 foot intcrvalc: Streets: • All curb returns at point of tangency /point of circumference • Curb and gutter flow line - both sides of street on a 200',interval; + Street crowns on a 200'interval and at all intersections. Wasterwater: • All rim /invert elevations at manholes; . • All intersecting lines in manholes; • Casing elevations (top of pipe and flow line) (TXDOT and RR permits). Water: • All top of valves box; . • Valves - vaults rim; • Casing elevations (TXDOT and RR. permits). Stormwater: • Finished invert elevations at headwalls,• outfalls or other drainage structures; • Finished top of .concrete elevations at all headwalls, outfalls or.other drainage structures; • All rim /invert elevations at manholes; • All intersecting lines in manholes; • Ditch flowline and top of bank elevations at 200 -ft intervals. • Casing elevations (top of pipe and flew line) (TXDOT a d Rig permits) . Section A — SP (Revised 9/18/00) Page 7 of30 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 -21 Project Signs The Contractor must furnish and install (1) Project sign(s) as indicated on the following drawings: (Attachment II). The sign must be installed before construction begins and will be maintained throughout the Project period by the Contractor. The location of the sign(s). will 'be determined in the field by the City Engineer. A -22(a) Disadvantaged Business Enterprises (DBE) 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 6.52W. 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. 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. 2. 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. Section A — SP (Revised 9/18/00) Page 8 of 30 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 firm 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.•Socially 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,Buerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of. race. (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. 3. 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 Section A — SP (R(nised 9118100) Page 9. of 30 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. (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 of 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 Section A —SP (Revised 9/18/00) Page 10 of 30 office management, administration, or bookkeeping functions unrelated to the principal business activities of the firm is insufficient to demonstrate control. (5) 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 may be 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. (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.A11 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 Section A - SP (Revised. 9/18/00) Page 11 of 30 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. Department 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. .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 Enterprise 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. Section A — SP (Revised 9/1.8/00) Page 12 of 30 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 person(s). 2. Controlled The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 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. O'oint 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. 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: Section A — SP (Revised 9/18/00) Page 13 of 30 Minority Participation Minority Business Enterprise (Percent) Participation (Percent) 1155% 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. 4. 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. 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 t� submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. A -23 Inspection Required (Revised 7/5/00) The Contractor shall assure the appropriate inspections by the FAA sponsor's designated representatives) at the various intervals of work and assure a final inspection after the project is completed and ready for occupancy. 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 8 -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 Bonds 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 whd 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 reinsurer(s) authorized to do business in the State of Texas. The amount of the bond reinsured by any reinsurer may not exceed ten percent (105) of the reinsurer's capital and surplus. For purposes of this section, the amount of allowed capital and surplus will be verified through the • Section A -- SP (Revised 9/18/00) Page 14 of 30 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.-" A 25 Salca Tax Excmpti:on (NOT USED) Ccction B 6-22, Tax Exemption Provision, is deleted in its entirety and the - not qualify for exemptions of Calcs, Excise, and Uoe Taxco unlcoc thc Contractor 3, Tax AdmIlAstration of Title 34, Public finance of thc. Texas Adminictrativc Code, or ouch other rules or rcgulation.o as may be promulgated by the Comptroller of Public Accounts of Texan. If thc Contractor cicctc to operate under a ceparatcd contract, hc shall. 1. Obtain thc necessary salts tax permita from thc State Comptroller. 2. Identify in thc appropriate space on thc "Ctatcmcnt of Materials and Other Charges" in the proposal form thc coot of materials physically incorporated into the rrojcct. 3. Drovidc rccalc ccrtificatcc to suppliers. 1. Provide the City with copies of material invoices to substantiate the proposal value of materials. If thc Contractor doer not sleet to operate under a separated contract, hc must pay for all Sales, Excinc, and Uoc Taxes applicable to thin rrojcct. subcontractors arc eligible for sales tax cxcmptionc if thc subcontractor alto certificate to the subcontractor and the certificate to his supplier. subcontractor, in turn, iocuco a rccalc 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 Section A — SP (Revised 9/18/00) Page 15 of30 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. A -27 Responsibility for Damage Claims Paragraph (a) General Liability of Section B -6 -11 of the General Provisions is amended to include: Contractor must provide installation floater insurance coverage for the term of the Contract up to and including the date the City finally accepts the Project or work. Installation floater coverage must be an "All Risk" form. Contractor must pay all costs necessary to procure such installation floater 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 Execution 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 Section A - SP (Revised 9/18!00) Page 16 of 30 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 (5) year 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. Such written approval of field administration staff is a prerequisite to the City Engineer'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 (5) 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 Section A —SP (Revised 9/18/00) Page 17 of 30 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; 8. 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: 9. Documentation as required by Special Provision A -35 -K, if applicable. 10. Within five (5) days following bid opening, submit in 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. 11. Documentation showing proof of Disadvantaged Business Enterprise (DBE) requirement compliance. A -31 Amended Policy on Extra 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 "Execution 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 Section A — SP (Revised 9/18/00) Page 18 of 30 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. A- V4itor /Contractor Orientation NOT USED Prior to performing work at any City water facility, the Contractor, hio oubcontractorc, and Leh of their.cmployccc muat have on their person a Cafcty Orientation Program ceetcd by the City Water Department fcroonncl. IL Viaitor /Contractor Safety Orientation Program will be offered by authorized City- Watc-r Department peroonncl for those persona who do not have such a card, and who desire to perform any work within operator er other authorized Department. C. Protection of Water Quality J- maintenance employee of the City 'Water timco. The Contractor shall protect thc duality of thc water in thc job site and shall coordinate itc work with thc City Water Department to D. Conformity with ANSI /NSF Standard 61 tranpportation, reinstallation, and inspection of pumpc, or any other American National Standard, Inotitutc /National Sanitation Foundation throad compound°, coating°, or hydraulic equipment. Thcsc items Section A - SP (Revised 9 /18/00) Page 19 of 30 per-ao e1 die tc1y prior to uac . All traoh gcncratcd by oubcontractoro, muot be citc. Blowing tracsh will croac clean at all timco thc Contractor or hie cmployeec, agento, or contained at all timco at thc water "facility not be a 1owcd. The Contractor oha11 kccp work and remove all traoh daily. • tcicphonco are not availablo for Contractor uoc. H. Working houro will be 7:00 A.M. to 5.00 r.M., Monday thru Friday. I. Contractor muct not use any City facility rcotrooma. Contractor must J. All Contractor vchicico mutt be parkcd at dcsignated oitc, as dcaignatcd by City Water Department otaff. All Contractor vehicles muot be cl arly labeled with company name: No private cmployec vch cleo arc allowed at O. N. Stcvcno Water Treatment Plant. All peroonncl muot be in company wring emergency evacuation. K. Contractor Qualific tiono SCADA (SUPERVISORY CONTROL AND DATA ACQUIS ITION)- lified tcchnical and, oupervioory peroonncl, a.e includes, but is not limited to, modifi ationo, aclditiona, changes, nclections, furniohing, installing, connccting, pregramming, customizing, mugging, calibrating, or placing in operation all hardware and /ems Software specified or required by thccc specifi ationc. The Contractor or his oubcontractor propooing to perform the SCADA work 1. He io rcgularly engaged in the computer baocd monitoring and control oystcm busincoo; preferably ac applied to thc municipal eenalesExt-y ,; requi-red, in thin Contract projects. for at lcact 5 yca.ro. Enginccr, or an Electrical Enginccr to oupervioc or perform thc work required by thic opccifieationc. 5. He cmployo. persoancl. on this Projcct who have oucccocfully Section A — SP (Revised. 9/18/00) Page 20 of 30 implementing thc cpccific computers, RTUC-o, and ooftwarc propoocd for thc Contract. s. Hc maintains a permanent, fully otaafed and equipped ocrvicc facility within 400 milca of the Project site to maintain, repair, manufacturer to thc maxim em practical extent.. Whcrc thio is not practical, all equipment of a given typc will be thc product of one manufacturer. Prior performance at the G. N. Etcvcns Water Treatment Plant will the new work for thio Project. 13. The Contractor shall product all fillet/ set programming blocko thcoc two cyatcmc to the cxiating City SCADA cyatcm. Attached is on-smample of the required pregramm-ing = - which the City requirco to be filled in and given to the City Engineer with all changco madc during the programming phaoc. The attached ahcct is The Contractor. will provide all programming blockc uocd. I. Trenching Rcquircmcnta All trenching for this project at the 0. N. Steven= Water Treatment Plant aha3.1 be performed using a backhoc or hand digging duc to thc number of on thc project. A -36 Other Submittals 1. Shop 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. alco submit one (1) reproducible trancparcncy for all shop drawings. 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 number(s), 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 t� 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. Variations; Contractor must identify any proposed variations from the Contract documents and any Product or system limitations which may be Section A - SP (Revised 9/18/00) Page 21 of 30 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. 1 Resubmittals: Contractor must revise and resubmit submittals as required by City Engineer and clearly identify all changes made since previous submittal. 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 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. (NOT USED) "Thc Contractor must comply with the City of Corpus Christi's Water Conservation and Drought Ceetingency Plan as amended (the "Plan"). Thy includes implementing water conservation measures established for changing conddions.. Thc City Engineer will provide a copy of the Plan to-- Contractor at thc pre construction meeting. The Contractor will kccp a copy of thc Plan on A -38 Worker's Compensation 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 -4 -1 —Ovine r' (NOT USED) Priming and hot mix paving operations muot not be conducted on Contractor about ozone alert. If a delay such days for which an as thin is experienced, the day will Section A -- SP (Revised 9118100) Page 22 of 30 not be counted ao a calendar day and the Contractor will be eempcnaatcd at the unit 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 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) Horizontal 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. A 46 Diapoaal of Highly Chlorinated water (7 /S /00) (NOT USED) The Contractor ahall be responoic €or particularly high lcvclo of chlorine, the disposal of water used for tcoting, will be used for diainfectien, and may exceed Section A -- SP (Revised 9/18100) Page 23 of 30 areas. These arc regulated by numcro agcncics.cuch as TCEQ, EPA, ctc. It will be A '17 rrc Construction Exploratory Excavations (7/5/00) (NOT USED) cutting, removing thc conflicting length nd upping the ends. If and ux dcntificd adjustments an be made. For existing pipelines which parallel and arc w4-thin tcn feet (10'.) of proposed -Z ZZZ- Contractor shall survey the aerate horizontal and vertical locations of paid paa .lel pipelines at 300 feet maximum O.C. indicating thc Owner of pipelines ex avatcd and aurveyed, air well as thc approximate existing pipelines. Engineer and until Contractor receives Eng4eer's approval of report. exploratory excavations. A -48 Overhead Electrical Wires (7/5/00) Contractor shall comply with all OSHA 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 &Z., 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 ", 8- 8- 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 Section A -- SP (Revised 9118/00) Page 24 of 30 J 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 Dewatering 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 of ponding occurring, the Contractor will begin dewatering procedures. All ponding of a depth greater than % 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. Dewatering shall consist of pumping, temporary drainage or other methods as approved and should be accomplished in a lawful manner consistent with local codes, laws and regulations. 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 September 4 Days . February 3 Days June . 4 Days October •4. Days March 2 Days July . 3 Days November 4 Days April 33 Days • August ' 4 Days December 4 Days. A -53 NDPES Notice of Intent Submittal The Contractor shall be responsible for notifying the City for City submittal of Notice of Intent (NOI) in accordance with Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDES) regulations, and the Consultant Engineer will provide a copy of the NOI to the City Engineer. The Contractor is responsible for filing a Notice of Intent (NOI) and notice of Termination . (NOT)with the Texas Commission on Environmental Quality (TCEQ) and obtaining a Texas Pollution Discharge Elimination System Permit (TDPES). The Contractor shall maintain a copy of (TPDES) permit onsite at all times during construction. A 54 Phyoical Data (NOT USED) eubourfacc gcotcchnical reports are not a part of the Contract documcnts. soils investigation data is provided in the Appcndix only for the information and Section A — SP (Revised 9/18/00) Page 25 of 30 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 Engineer Under "General 1 -1 Definition follows: "Engineer: The Engineer). Provisions and Requirements for Municipal Construction Contracts," B- of Terms, change the. definition of the term " Engineer" to read as City's Director of Engineering Services or authorized designee (City 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 TRENCHING AND SHORING for all trenching and excavation operations,. and Specification Stem SP -4, Worker Safety Requirements for Excavation and Trenching Operat i ons . 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. Section A — SP (Revised 9/18/00) Page 26 of 30 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 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. Section A — SP (Revised 9/18/00) Page 27 of 30 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 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 5200.5B 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. A pre- 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 check 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, date 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 Section A — SP (Revised 9/18100) Page 28 of 30 1 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 On -Site Permit information is also included in the Appendix. A- 60.COMPUTER GENERATED PROPOSALS The following paragraph modifies Paragra2h B-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 13) INCLUSIVE. The print -out will. list all bid items (including any additive or deductive alternates) contained on Proposal Sheets (3 through 13, inclusive). 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 5 -7, inclusive." In addition, the print -out will contain the following statement and 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 9/18/00) Page 29 of 30 SUBMITTAL TRANSMITTAL FORM PROJECT: CCIA COMMUNICATION CENTER, PERIMETER SECURITY, STANDBY GENERATOR AND COMMERCIAL AVIATION APRON LIGHTING UPGRADES, PROJECT NO. E10075 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 SAMPLE COMPUTER PRINTOUT Wing COMPUTER PRINT -OUT oustatatusnommatzmamitzm (YOUR. CoMPAWY S NAME 1 I 11 m Ve.. Bid item. Qty. Item Description Undo QUI Price i in . Fl Bid mmExt: XUttitPrice Al A2 Etc. Esc. - D2] 37.475 SY Street Excavation 5,033 SY 6' Cement STBL Salvage Base 33 BA. Manhole Insts 00.00 0000 00.00 00.00 00.00 00.00 Sub-Total Base Bid "D" Mans 131-D21) Sub -Total Bale Bid "A° Items: $ Sub -Total Boa& Bid "B" Itaans: Sub-Total Base Bid "C" Reiner$ Sub- Totall3ase Bid "D" 5 Total Base Bid items: S - SECTION ASP- ATTACHMENT .1 PAGE 1 OF 1' SPECIAL PROVISIONS ATTACHMENT 2 PROJECT SIGN LAYOUT. J 106e - Attachment 2 - '[001252 - PROJECT SIGN.dgn 6/23/2011.1:'14:22 PM- . • B< 0" . o '7 o 1 COMMUNIC- ATIONS CENTER, • • P.ERIMETER SECURITY, • STANDBY. • GENERATOR AND CORPUS CHRISTI COMMERCIAL AVIATION . --�— ....--,•- APRON .LIGHTING UPGRADES INTERNATIONAL AIRPORT • . !.GAL • CONTRACTOR LOGOI 1' -6" f' -6" ' . FONT: "ONYX" HEIGHT: 4" WIDTH: 3.4" B' -0" ® EXIST NATURAL GROUND ., - 4 "x4"xB' -0" POSTS NOTES: . 1. BACKGROUND SHALL BE SHERWIN'WILLIAMS $W1004- PURE WHITE. . 2. ALL LETTERS AND LOGOS SHALL BE SHERWIN WILLIAMS SW1007- BLACK TIE. 3. COORDINATE SIGN LOCATION WITH AIRPORT STAFF. 4. ALL FONTS ARE ARIAL EXCEPT WHERE NOTED ON THE DRAWING. 5. ENGINEER'S LOGO AVAILABLE ELECTRONICALLY UPON CONTRACTOR.RERUEST. Cepgright nP11 46ATE$ 4TIME$ SFILES __ :111 III PROJECT: COMMUNICATIONS CENTER; PERIMETER SECURITY, • STANDBY GENERATOR AND COMMERCIAL- AVIATION APRON LIGHTING-UPGRADES PROJECT NO. :R1001252 ' . -, - TITLE: PROJECT' SIGN • DATE; JUNE 24, 2011 ' SCALE: NTS - . SHEET NUMBER 1 OF 1 ATTACHMENT I I 3.L:. 71-3-62271444 FAX 71 3'1 BR IARPARK, STE. 200 HOUSTON TEXAS 770.412 TE 1.3- 968 -9333' 106e - Attachment 2 - '[001252 - PROJECT SIGN.dgn 6/23/2011.1:'14:22 PM- i 1 FEDERALLY REQUIRED LANGUAGE FOR CONSTRUCTION .CONTRACTS A. Civil Rights — Title VI Clause (for all contracts) B. Non - Discrimination Provision (for all contracts) C. Disadvantaged Business Enterprises Clauses (for all contracts) D. State Energy Conservation Plan (for all contracts) E. Record Availability (for all contracts) F. Reporting (for all contracts), G. Rights to Inventions (for all contracts) H_ Copyrights and Rights in Data (for all contracts) L Remedies (for: all contracts) J. Foreign Trade Restrictions (for all contracts) K Exclusionary Specifications Provision (for all contracts) L. Cargo Preference Requirements .(for all contracts) M. Buy American Requirement (for all contracts) 1, Buy American - Steel and Manufactured Products for Construction Contracts 2. - Buy American -- Steel and Manufactured Products 3. Buy American Certificate N. Additional Language: Alteration of Work and Quantities (for all contracts) O. Veteran's. Preference Provision (for all contracts). P. Davis - Bacon Required Provisions (for contracts over $2,000) Q. Contract Work Hours and Safety Standards Provision (for contracts over $2,000) R. Equal Employment Opportunity Clause (for contracts over $10,000) S. Standard Federal Equal Opportunity Construction Contract Specifications (Executive Order 11246, as amended) (for contracts. over $10,000) T. . Certification of Non - Segregated Facilities (for contracts over $10,000). U. Termination of Contract (for all contracts over $10,000) V. Debarment and Suspension (for contracts over $25,000) W. : Environmental Compliance (for contracts over $100,000) • A. CIVIL 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 Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21; as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. • 2. . Nondiscrimination. The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including 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 Federally Mandated Construction Contract Language • Revision 1- March 4 2001 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 all solicitations either by competitive bidding or negotiation : made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and. the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 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 shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to. the Contractor under the contract until the Contractor complies, _and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 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. NON - DISCRIMINATION PROVISION The contractor/tenant/concessionaire/lessee assures that it will comply With pertinent statutes,. Executive Orders, and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This Provision obligates the tenant/concessionaire /lessee or its transferee for the period during which Federal assistance is extended to the airport 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. Federally Mandated Construction Contract Language Revision 1- March 6, 2001 C. 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 DOT assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. 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. A delay or postponement of payment frorn the above referenced time frame . may occur only for good cause following written approval of the City of Corpus Christi. This clause 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 policy 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 6.52 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) written documentation of DBE certification; (3) a description of the work that each DBE firm will. perform; (4) the dollar amount of the participation of each DBE firm participating; (5) Written documentation of the bidder /offeror's commitment to uses a DBE subcontractor whose participation it submits to meet the contract goal; (6) Written confirmation from the DBE that it is participating in the contract as provided in the commitment made under (5); and (7) if the contract goal is not met, evidence 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 Federally Mandated Construction Contract Language Revision 1 March 6, 2001 substantially impairing accomplishment of the objectives of the program with respect to individuals of a particular race, color, sex, or national origin. Federally Mandated Construction Contract Language Revision I - March a 2001 ATTACHMENT .4 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 a DOT - assisted contract, a bidder must, in order to be responsible and/or 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 DBE 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. II. 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 to you to make a fair and reasonable judgment whether a bidder that did not meet thegoai 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. Ill. 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 DBE 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 therm in responding to a solicitation. D. (1) Negotiating . in good faith with interested DBEs. It is the bidder's 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 information 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 would 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 bidder's 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 D BEs if the price difference is excessive or unreasonable. • Federally Mandated Construction Contract Language Revision 1 -March 6, 200I 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 -ease 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. Federally Mandated Construction Contract Language Revision 1— March S, 2001 ATTACHMENT 2 TO DISADVANTAGED BUSINESS ENTERPRISE LANGUAGE § 26.53 What are . the good faith efforts procedures recipients follow iin_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 a bidder/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: (1) The names and addresses of DBE firms that will participate in the contract (ii) A description of the work that each DBE will perform; (iii) The doliar 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 goal; (v) Written confirmation from the DBE that it is participating in the contract as provided-in the prirne 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 bidder/ offeror an opportunity for administrative reconsideration. (1) As part of this reconsideration, the bidder/offeror must have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal 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 goal or make adequate good faith efforts to do so. (5) The result of the reconsideration process is not administratively appealable to the Department of Transportation. (e) In a "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. Federally Mandated Construction Contract Language Revision 1– March 6,. 2001 • (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 DBE. These good faith efforts shall be directed at finding another DBE 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. • § 25:55 Bow 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, performance of a DOT- 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 goats 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 DBE 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) A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities 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 it 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 transaction, contract, or prbject.through 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 would 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. Federally Mandated Construction Contract Language Revision 1- March 6, 2001 , (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 a non -DBE firm, including an owner - operator. The DBE who leases trucks from a non -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 t ruck. 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 contract are bought, kept in stock, and regularly sold or leased to the public 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, or 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. Federally Mandated Construction Contract Language Revision 1— March 4 2001 (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 goals, except as provided for in § 26.87(i)). • (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 contractors DBE achievements or your overall goal until the amount being counted toward the goal has been paid to the DBE. Federally Mandated Construction Contract Language Revision 1 - March 6 2001 D. 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). • E. 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 shall have access to any books documents, paper, and records of the Contractor which are directly pertinent to the specific contract for the purposes of making an audit, examination, excerpts, and transcriptions. The Contractor shall maintain all required records for three years after the City of Corpus Christi makes final payment and all other pending matters are closed. F. REPORTING Federal regulations require notification of awarding agency requirements and regulations 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 -to -day operations 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 inforrciation 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 re quired if that information will be useful. (11) 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. Federally Mandated Construction Contract Language Revision 1- March 6, 2001 (c) Construction performance reports_ For the most part, on -site technical inspections and certified percentage -of- completion data are relied an 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 mod els. (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 conditions become known: (1) Problems, delays, or adverse conditions which will materially impair the ability to meet the objective of the award. This disclosure must include a statement of the action taken, or contemplated, and any assistance needed to resolve the situation. (2) Favorable developments which enable meeting time schedules and objectives sooner or at Less cost than anticipated or producing more beneficial results-than originally 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 performance report from a subgrantee when not needed. The grantee may extend the due date for any performance report from a.subgrante a if the grantee will still be able to meet its performance 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 OMB to the extent required under the Paperwork Reduction Act bf 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(eX2)(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 accural basis, the grantee shall not be required to convert its accounting system but shall develop such accrual information through an analysis of the documentation on hand. Federally Mandated Construction Contract Language Revision 1– March 6, 2001 (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 will 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 subgrantees 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 annualized 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 transfer or when Treasury check advance payments are made to the grantee automatically 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. 0) 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 transfer or Treasury check advance. (1) When a construction grant is paid by letter of credit, electronic funds transfer or 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 governed 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). Federally Mandated Construction Contract Language Revision 1– March 6, 2001 (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, 19881 G. 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. H. COPYRIGHTS AND RIGHTS IN DATA The Federal Aviation Administration reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal 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. I. 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. J. FOREIGN TRADE RESTRICTIONS • The Contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it: . a. is not owned or controlled -by one or more citizens of a foreign country included in the list of countries . that discriminate again st U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with .a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product 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. • Federally Mandated Construction C ontract Language Revision 1 . - March 6 2001 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 Teams that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the Contractor if at any time it learns that its certification 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 contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. K. 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 utilizing exclusionary or discriminatory specifications. • L. 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 bulk 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 following 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 in 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. Federally Mandated Construction Contract Language Revision 1- March. 6, 2001 M. BUY AMERICA REQUIREMENT M. 1. BUY AMERICAN — STEEL AND MANUFACTURED PRODUCTS FOR CONSTRUCTION CONTRACTS (JAN 1991) Where the Contractor will supply these items as part of their construction: (a) The Contractor agrees that only domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen, and suppliers in the performance of.this contract, as defined in paragraph (b) below. (b) The following terms apply to, this clause: 1. Steel and manufactured products_ As used in this clause, steel and manufactured products include (1) those produced in the United States or (2) a manufactured product produced- in the United States, if the cost of its components mined, prod uced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products.. 3. Cost of Components. This means the costs of production of the components, exclusive of final assembly labor costs. M. 2. BUY AMERICAN -- STEEL AND MANUFACTURED PRODUCTS (JAN 1991) Where the Owner will be accepting direct delivery from suppliers or manufacturers: (a) The Contractor agrees that only domestic steel and manufactured products under this contract, as defined in paragraph (b) below. (b) The following terms apply to this clause: 1. Steel and manufactured products. As used in this clause, steel and manufactured products • include (1) those produced in the United States-or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in. the United States. 2. Components. As used in.this clause, components means those articles, materials, and supplies incorporated, directly into steel and manufactured products. 3. Cost of Components. This means the costs of production of the components, exclusive, of final • assembly labor costs. Federally Mandated Construction Contract Language Revision 1- March 6, 2001 M. 3. BUY AMERICAN CERTIFICATE By submitting a bid /proposal under this solicitation, except for those items listed by the offeror below or on a separate, and clearly identified attachment to this bid /proposal, the offeror certifies that steel and each manufactured product, is produced in the United — States (as, defined in the clause Buy American - Steel and Manufactured Products For Construction Contracts or Buy American — Steel and Manufactured Products) and that components of unknown origin are considered to have been produced or manufactured outside the United States. Offerors may obtain from the Corpus Christi. International Airport's .Project • . representative, lists of articles, materials and supplies excepted from this provision. PRODUCT COUNTRY.OF ORIGIN Date Signature Company Name . Title Federally Mandated Construction Contract Language • Revision 1— March. 6, 2001 N. ADDITIONAL LANGUAGE: ALTERATION OF WORK AND QUANTITIES The Contractor is hereby advised that all supplemental agreements shall be approved by the FAA and shall include valid wage determinations of the U.S. Secretary of Labor when the amount of the supplemental agreement exceeds $2,000. However, if the Contractor elects to waive the limitations on work that increases or decreases the originally awarded contract or any major contract item by more than 25.percent, the supplemental agreement shall be subject to the same U.S. Secretary of Labor wage determination as was included in the originally awarded contract. All supplemental agreements shall require consent of the Contractor's surety and separate performance and payment bonds. O. VETERAN'S PREFERENCE PROVISION In the employrent of labor (except in executive, administrative, and supervisory positions), preference shall be given to veterans of the Vietnam -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. P. DAVIS -BACON REQUIRED PROVISIONS The Contractor will abide by these provisions and will include these provisions in each construction subcontract: a. Minimum Wailes.. (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 (2g 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 maybe alleged to exist.between the contractor and-such laborers. and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis- Bacon Act on behalf of laborers or mechanics are considered wages paid to laborers. or mechanics, subject to the provisions of sub paragraph 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 skill, 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 employer's payroll records.accurately set forth the time spent in each classification in which work is performed. The wage determination . (including any additional classification-and wage rates conformed under a.(2) of this section) and the David -Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors atthe 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 classified 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: Federally Mandated Construction Contract Language Revision 1— March 6, 2001 (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 industry; 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. (3) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit -which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (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 the 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 Federal Aviation Administration 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 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 Federally Mandated Construction Contract Language Revision 1- March 6, 2001 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 under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and • trainees; and the ratios and wage rates prescribed in the applicable programs. (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 629- 005 - 00014 -1), U.S. . Government Printing Office, Washington, DC 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.) (11) 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 informafion is correct and complete ;. (8) 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 weeklysubmission of a. properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement forsubmission 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 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 or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. d. Apprentices and Trainees. (1) Apprentices. Apprentices will be permitted to work at Tess than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training • Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90'days of probationary employment as an FederallyMandated Construction Contract Language Revision 1 _ March 6, 2001 apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of - apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not Iess .than The applicable wage rate on the wage determination.for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program .shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in . accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice • prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship. program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved: (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 riot be greater than permitted •underthe plan approved by the Employment and Training Administration. Every trainee must be paid atnot 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. lithe trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices:. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. e. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements' of 29 CFR Part 3, which are incorporated by reference in this contract. 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 lower tier subcontracts. The prime contractor shall be responsible for the compliance by . any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. Federally Mandated Construction Contract Language . Revision 1 —March 6, 2001 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 Requirements. All rulings and interpretations of the Davis -Bacon and. Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 1 Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. j. Certification of Eligibility.: . (1) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractors firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 15 U.S.C. 1001. Q. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT PROVISION The contractor and subcontractors must comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40USC.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 respect 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 $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph a. above; • c. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation. Administration or the City of Corpus Christi shall upon its own action or 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 FederallyMandated Construction Contract Language Revision 1 —March 6, 2001 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. Working Conditions. No contractor or subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and health standards (29 CPR Part 1926) issued by the Department of Labor. R. 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 shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf . of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. • (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules; regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and.orders of the Secretary of Labor, or pursuant thereto, and will permit access to 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 Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the • administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the- Federally Mandated. Construction Contract Language - Revision I — March. 6, 2001 contractor may request the United States to enter into such litigation to protect the interests of the United States. S. STANDARD FEDERAL EQUAL OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE 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 Return, U.S. Treasury Department Form 941; . d. "Minority" includes: (1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); • (2) Hispanic (ail persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with. that Plan for those trades which have unions participating in the Plan. Contractors 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 comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve. the Plan goals and timetables. • 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 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 Federally Mandated Construction Contract Language Revision 1 —March 6, 2001 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 and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefor along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or 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-job training opportunities and /or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The con tractor 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, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and, subcontractors with whom the contractor does or anticipates doing business. Federally Mandated Construction Contract Language Revision 1 -March 6, 2001 • 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 organizaations, 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 CPR Part 60 -3. I. Conduct, at bast 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 theta!! 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 from 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 annually, of all supervisors 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 obligations 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 which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. . 9. A single goal for minorities and a separate single gaal for women have been established. The contractor, however, is required to provide Equal Employment Opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and 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 goals for wornen 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 Federally Mandated Construction Contract Language Revision 1- March 6, 2001 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 -4.8, 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at feast include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Federally Mandated Construction Contract Language Revision 1 —March 6, 2001 T. 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 wilt 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, trans portation, 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 subcontracts 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: Federally. Mandated Construction Contract Language Revision 1 March 6, 2001 U. TERMINATION OF CONTRACT a. The City of Corpus Christi rnay, by written notice, terminate this contract in whole or in part at any time, 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 clause. 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. V. 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. W. 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 Violating 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 performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $100,000. the aforementioned criteria -and requirements. Federally Mandated Construction Contract Language Revision 1 —March 6, 2001 CORPUS CHRISTI INTERNATIONAL AIRPORT APPLICATION FOR ID / ACCESS CONTROL MEDIA BADGING AND FINGERPRINT:OFFICE (361)289-0171 EXT. 1227 OFFICE USE ONLY • APPLICANT (Print in black ink) Last First Middle Name Name Name DOB Height Weight Color of. Eyes Color of Hair Gender - Race • State of Birth Country of Birth ' Citizenship Aliases Driver License # State Expiration Date . Home Address • Apt. City State ZIP • Home Phone CeII Phone a :E Mail OBTAINING AN AIRPORT ID /ACCESS CONTROL MEDIA ISA PRIVILEGE. The Airport ID 1 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 andlor penalty fee will be assessed for a :lost or unreturned id Media. ► I understand the procedures and responsibilities for using and- safeguarding the Corpus Christi International Airport ID / Access Control Media. 1 will IMMEDIATELY notify the Airport Dispatch 289 -0171 ext.'0 and my employer if my Id Media is lost or stolen. SSN EMPLOYERISPONSOR (Print in black ink) �icial Company Name �..ysical Address 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 record check, if needed for unescorted access to SIDA; that this employee requires the access level as indicated below; and that the employee's Airport Identificatlerr Badge will be returned upon termination, or when access is no ionger required. CHECK ONE LEVEL _...,.Level 1 Level 2 Level 3 Level 4 IDACCESS CONTROL MEDIA: (White) All Access (Green) FBO • ( Yellow ) :AOA(undeveioped /agriculture) (Blue) Public- - Does Your Employee Need to escort Others ?., YES NO Will Your Employee Need Driving Privileges? (ONLY PERSON(S) on Signature Verification Form on File) YES_ NO REVISED 12/08 Exhibit DO NOT DUPLICATE CRP ID MEDIA APPLICATION INFORMATION ,FEDERAL REGULATIONS: • . In accordance with 49 CFR § 1542.209 and 1544.229, the airport operator will collect and process fingerprints for all persons requesting unescorted access to the.Security Identification Display Area for the purpose of obtaining a criminal history record check (CHRC). A copy of the criminal record will be provided to the individual, If requested by the individual in writing. If the individual has questions regarding the results of the CHRC, please contact the Airport Security Coordinator, Chief John Hyland, at (361) 289-0171. ID REQUIREMENT: • Two forms of ID must be presented during the application process: LIST A List of Acceptable Documents Documents that. Establish Both Identity and Employment Eligibility Documents that Establish Identity . Documents that Establish Employment Eligibility 1. U.S. Passport ( unexpired or expired) 1. Driver's license or ID card issued by a 1. Social Security card issued by the 2. .Certificate of U.S. Citizenship State or outlying possession of the Social Security Administration (Form N-550 or-N -561) United States provided it contains a 2. Certification of Birth Abroad Issued by 3. Certificate of U.S. Citizenship photograph or information such as • the Department of State (Form FS-545 (Form N-550 or N -570) name, date of birth, gender, height, eye or Form DS -1350) 4. Unexpired foreign passport, with 1 -551 color, and address 3. Original Or certified-copy of a birth • stamp or attached Form 1 -94 indicating - unexpired employment authorization. 2. ID card issued by Federal, State, or local government agency or entity certificate issued by a.state, county, municipal authority, or outlying 5.' Permanent Resident Card'or Alien provided" it contains a photograph or possession of the United States .Registration Receipt Card with photograph • information such as •narne.,date of birth, gender,_ height, eye color, and address. bearing an official seal • 4: Native American tribaldocument (USCIS Form 1 -151 or 1-551) 3: School ID card with a photograph. 5. U.S. Citizen ID Card (USCIS Form 6. Unexpired Temporary Resident Card .4. Voter's registration card . 1 -197) . (USCIS Form I- 688) 5. U.S. Military card or draft record 6. ID Card for use of Resident Citizen In 7. Unexpired Employment Authorization 6. Military dependant's !Dowd the United States (USCIS Form 1 -179) , Card (USCIS Form I -688A) 7. U.S. Coast Guard Merchant Mariner 7. Unexpired employment authorization 8. Unexpired Reentry Permit Card document issued by USCIS (other than (USCIS Form 1-327) 8. Native American tribal document those listed under List A) 9. Unexpired Refugee Travel Document 9. Driver's license issued by a Canadian . . (USCIS Form 1 -571) government authority 10. Unexpired Employment Authorization For persons under the age of 18 who are . . Document issued by USCIS that • unable to present a document listed above contains a photograph (USCIS Form 1. School record or report card I -688B) or USCIS Form 1 -766) 2. Clinic , doctor, or hospital record 3. Day -care or nursery school record 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 Investigation 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).. If 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 or 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), DHSJTSA 002. Disclosure: Furnishing this information (including your SSN) is voluntary; however, if you do not provide your SSN or any other information .requested, DHS may be unable to complete your application for information media. . AUTHORIZATION FOR FINGERPRINT-BASED CRIMINAL HISTORY RECORDS CHECK DLE.ASE READ AND REVIEW THE FOLLOWING LIST OF DISQUALIFIYJNG CRIMINAL OFFENSES AS LISTED IN TRASPORTATION SECURITY REGULATION \ sx) x542.209 (D). • • 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 CHRC reveals a disqualifying criminal offense. An applicant has a disqualifying criminal offense if the applicant bas been convicted, or found not guilty by reason of insanity, of of the disqualifying crimes listed below in any jurisdiction during the 10 years before the date of this application or while the applicant has unescorted access authority: 1. Forgery of certificates, false marking of aircraft, and other aircraft registration violation; 49 U.C.C. 46306.. 2. •Interference with air 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 niembers 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 weapon or explosive aboard aircraft; 49 U.S.C. 46505. 8. • Conveying false information and threats; 49 U.S.C. 46507. • 9.. Aircraft piracy outside of the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).. • 10. Lighting violations involving transporting controlled substances; 49 U.S.C. 46315. 11. Unlawful entry into an aircraft or airport area that serves air 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 explosive or weapon. 21. Extortion. 22. 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) Thefts (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 international airports; 18 U.S.C. 37. ' 28. Conspiracy or attempt to commit any of the criminal acts listed in this paragraph. By signing below, the applicant is stating that he/she does not have a disqualifying criminal offense. Under 49 CFR 1542.209.(1) 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. • CERTIFICATIONS: • "The information I have provided is true, complete, and correct to the best of my knowledge and belief and is provided in good faith. I understand that a knowing and wilifil.l false Statement can be punished by fine or imprisonment or both (see Section 1001 of Title 18 of the United States Cade )" "I authorize the Social 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)/ 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 Tow 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.:' Employment and Personal History Applicant: In accordance with 49 CFR 1542.209 all 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, to the extent necessary to verify representations Made by the employee/applicant relating to employment in the preceding S years. You must provide an explanation of any gap in your employment/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 below and provide documentation or other supporting records to include telephone numbers for verification. Applicant's Data Company /Organization/School Address, Phone #, & Contact Name Date From Mo/Yr To Mo/Yr Verified With Employer's Data Verified (Print Name) . Verified By DATE Start with most recent employment 4 Corpus C ris te WOO m•oyinettt a AL Personal Hist omployed: iiy th. good or ito: orttrootor.$ hitokT Trilffr,Of I, .04,-t: Msti. lietVd; 4orr.01.. aces to all area Oh •=01,1 '014104 VM.10011:04 rot 0.00:1:015.' re on will ave tqa$0100.:0-Wk4- .tte•$"ti *asiwig b 000•010,- to gig :w4*:allv46 1.* :106 o inc-iud at a',:roipi#1:tmlpfOrmoo and :pdor erolooam. :-histor* to :Oe r. mcOrievessary,:to verity:tppm:entp#ons made by the::.:ernployeeivpliOnt.:relptittg t�.mp1bymnt . You mutpriytde an ig,tppmeeding5 . • On140(-03n f any gap n your .etiplOyAmotjg.Oupatiott Itiototy rn exess ofi2months. Ityouf rcor4 atow$, yott„."bm orporiogott,poriog: Ammo:ft or room f unemptnotkretionienty hotpi.WaUtiOn- or fox :guy -0.ghet i!pgoo .tfeen unemployekillegm,01-4.fil ti cffcumstafl1s below ana proy* clOogru00400. or ott* —A.P•MttiAg record te inaude, telefiboile-.numbers for. v.erifteation.. • • Hilt Nye ofAppJioant tat Of.ntig)..conittaiw Nanw , OgOttliteVeritteatitiii Fotlitt Dad,. Comm)! izatiuniSchovt 040§F4 411tifetr4401.0 •40ivr "Eititi.1000)-Ata, Verifteit. (pit 114106 yolged with; Wrifiod Oato 1.11W6:6*it.444#100:4.1.1010,Matitot IsAtta.diedii C! C3 RAJ' ,Ts CH I S .1[1 INTERNATIONAL _AIR RPCJRT SIGNATURE VERIFICATION FORM Type or Print using Black Ink COMPANY NAME: PHYSICAL ADDRESS: CITY PHONE # FAX # CITY ST ZIP PHONE # FAX # DATE ST ZIP BILLING ADDRESS: The undersigned hereby delegates to the person(s) listed 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 certifies that he or she has the authority to sign this document on behalf of the above named company and that he or she and the company assume full responsibility and accountability for all airport access and identification media issued to the employee and .for all employee actions relating to use of these media. Print Name Title Signature Date PRIMARY: • PRINT NAME: SIG,NAvR.E PHONE # CELL # E -MAIL ALTERNATE: PRINT NAME SIG3N 1TURE PH- HONE # • CELL # E-MAIL This form is to be filled out by business owners, managers or supervisors. Revised 08/08 do Corpus Christi International Airport Project No. E10075 Record Drawing No. AP 136 Airport Construction Safety.Plan CORPUS CHRISTI INTERNATIONAL AIRPORT Communications Center, Perimeter Security, Standby Generator and Commercial Aviation Apron Lighting Upgradesr City Project # E10075 1. 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 inunediate remedy of any deficiencies, whether caused by negligence, oversight or project scope change. Airport aprons 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. • Contractor, Subcontractor, and supplier employees or any unauthorized persons must be restricted from entering an airport area 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. • • The contracting officer, 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, tithe, and date of commencement of construction for the issuance of a Notice to Airmen (NOTAM). Upon completion of work and return of all such 'areas to standard conditions, the Contractor must, though the Airport, verify the cancellation of all notices issued via the NOTAM System. 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 150/5379-2, 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. Airport-Construction Safety Plan t of 5 Corpus Christi International Airport Project No. E10075 Record, Drawing No. AP 136 Promptly take all actions necessary to prevent or remedy any unsafe or potentially unsafe conditions as soon as they are discovered. 4. - 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. 5. • THER 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 lighting systems must be in place: • The work areas as shown in the safety plan sheet must be completely isolated and easily discerned from ground 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 flagging 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, these 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. 6. • VEHICLE OPERATION, MARKING, AND CONTROL • Employee parking will be at the consfuction 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. 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 a rotating/flashing amber beacon. A beacon is required for any operations at all times at night or during adverse meteorological . conditions. • • All equipment must access the AOA only through the gate(s) authorized by CCIA staff. • 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. Airport Construction Safety plan 2of5 Corpus Christi International Airport Project No. E10075 Record Drawing No. AP 136 7. RADIO COMMUNICATIONS The Contractor employees authorized to operate in the movement area win ,be assigned call signs, which are listed below. All such employees must successfully complete the Airport Ground Vehicle Training Course. Contractor employees imist 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. The assigned call :signs for the Contractor are: Name Call Sign 9. DEBRIS. CONTRACTOR 1 CONTRACTOR 2 CONTRACTOR 3 • 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. 10. 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 cluali.fy 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. 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. Airport ConstructionSafety Plan ot5 Corpus Christi International Airport Project No. E10075 Record Drawing No. AP 136 11. 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 and contact information for the Contractor contact person(s) for this project is: The Contractor must provide at least one safety officer who is 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: CARLGROSS/VICTOR GONZALEZ . AIRPORT OPERATIONS MANAGER /AIRPORT OPERATIONS SPECIALIST 361 - 289 -0171, ext. 1229/1231 . OFFICE 361- 549 - 3784/361- 816 -1845 MOBILE 361. PAGER 361 • HOME The contact for all emergencies (fire; medical; law enforcement) is 361- 289 -0171, ext. 0 (Airport Communications), or 911. 12. 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. Airport Construction Safety Plan 4of5 Corpus Christi International Airport Project No. E10075 Record Drawing No. AP 136 13. NIGHTTIME OPERATIONS Any operations performed at night will probably require the use of supplemental light. 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 Before any supplemental lighting is used in the work area,. 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 Safety Plan '5of5 U.S. Department of Transportation Federal Aviation Administration Advisory C • Subject: OPERATIONAL SAFETY ON AIRPORTS DURING CONSTRUCTION I. 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 Feder al Aviation Administration (FAA) Web site. DAVID L. BENNETT Director, Office of Airport Safety and Standards Date: 1/17/03 AC No: 150/5370 -2E Change: Initiated by: AAS -300 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 Carriers,. 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 reconunend 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. . 1/17/03 CONTENTS Paragraph AC 150/5370 -2E Page CHAPTER 1. GENERAL. SAFETY REQUIREMENTS AND RESPONSIBILITIES 1 1 -1. Overview. 1 1 -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 5 2 -6. Construction Vehicle Equipment Parking. . . . 5 2 -7. Radio Communication Training. 5 2 -8. Fencing and Crates. 5 Section 3. Notification of Construction Activities 5 2 -9. General. 5 2 -10. Assuring Prompt Notifications 6 2 -11. Notices to Airmen (NOTAMs) 6 2 -12. Aircraft 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. M 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 r 10 3 -9. Hazard Marking and Lighting 10 3 -10. Construction Near Navigational Aids (NAVAIDs). 11 3 -11. Construction Site Access and Haul Roads 11 3 -12. Construction Material Stockpiling 11 3 -13. Other Limitations on Construction. 11 3 -14. Foreign Object Debris (p'OD) Management. 12 Section 4: Safety Hazards and Impacts 12 3 -15. Overview. 12 AC 150/5370-2E • 1/17/03 • Appendices APPENDIX 1. RELATED READING MATERIAL A-1 . APPENDIX 2. DEFINITIONS OF TERMS USED IN THE AC A-2 • APPENDIX 3. AIRPORT CONSTRUCTION SAFETY PLANNING GUIDE A4 APPENDIX 4. SAMPLE NOTAM A-7 1/17/03 AG 150/5370-2E 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 inay 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 of contact identified in the safety plan. (5) Hold weekly or, if.necessary, daily safety meetings to coordinate activities. ' - (6) 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. (7), Ensure that construction personnel know of any applicable airport procedures and of changes to those procedures that may affect their work. (S) Ensure that construction contractors and subcontractors undergo training required by the safety plan. (9) .Develop and/or 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. (13) 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 officer /construction inspector familiar with airport safety to monitor construction activities. (6) Restrict movement of construction vehicles to construction areas by flagging and barricading, erecting temporary fencing, or providing escorts, as appropriate. AG 15015370 -2E 1/17/03 (7) Ensure that no construction employees, employees of subcontractors or suppliers, or other persons enter any part of the air operations areas (AOAs) from the construction site unless authorized. c. Tenant's responsibilities if planning construction activities on !eased property— (1) Develop a safety plan, and submit it to the airport operator for approval prior to issuance of a Notice to Proceed. . (2) • Provide a point of contact who will coordinate an immediate response to correct any construction - related activity that may adversely affect the operational safety ,ofthe airport_ • (3) Ensure that no tenant or construction employees, employees of subcontractors or suppliers, or any other persons enter any part of the AOA from the construction site unless authorized. - . (4) Restrict movement of construction vehicles to construction areas by flagging and barricading or erecting temporary fencing. 1/17103 AC 15015370 -2E 2 -1. OVERVIEW. CHAPTER 2. SAFETY. PLANS Section 1. Basic.Safety Plan Considerations 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 formal predesign conferences to informal contacts throughout the duration of the construction project. Details ofa 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. e. Marking and, lighting plan illustrations. f. Methods of coordinating significant changes in airport operations with all the appropriate parties. 2-2. 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 area boundaries. 1 Methods of separating vehicle and pedestrian construction traffic from the airport movement areas. This may include fencing off construction areas to keep equipment operators in restricted areas 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 areas 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. L Vehicle idetitif cation. m. Trenches and excavations and cover requirements. AC 150/5370 -2E n. Procedures for notifying ARFF personnel if water lines or fire hydrants must be deactivated or if emergency access routes must be rerouted or blocked. o. . Emergency notification procedures for medical and police response. - p• q. Use of temporary visual. aids. Wildlife management. r. Foreign object debris (FOD) control provisions. s. Hazardous materials (HAZMAT) management. t. NOTAM issuance. u. Inspection requirements. v. Procedures for locating and protecting existing underground utilities, cables, wires, pipelines, and other underground facilities in excavation areas. Section 2: 2-3. OVERVIEW. 1/17/03 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 are identified in the event that an unanticipated utility outage or cable cut occurs that . impacts FAA NAVA1Ds. 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 runwayincursion). z: Any special conditions that affect the operation of the airport and will require a portion' of the safety plan to be activated (e.g., low - visibility operations, snow removal). Safety and Security Measures Airport operators are responsible for closely monitoring Ctenant and construction contractor activity during the construction 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 for Specking Construction of Airports, paragraphs 40 -05, "Maintenance of Traffic "; 74=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(' ' ,peeific safety requirements are oordinated:"� airport tenants and ATCT personnel. e airport operator should also include these parties in e coordination of all bid documents, construction plans, M ` 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 includesaircraft 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 norm al, 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, 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 all 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 outsidethe 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 runways 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 I4 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 2 -9. GENERAL. AC 150/5370 -2E areas observe the proper procedures for comaounications, 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 .ofthe 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, signal 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 of the escort vehicle driver to 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 may be ordered through the Runway Safety Program Web site at http:llwww.faarsp.org or obtained from the Regional Airports Division Office. 2-3. 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 In order to maintain the desired levels of operational safety on airports during construction activities, the safety plan should contain the notification actions described below. AC 15015370 -2E 2 -10. ENSURING PROMPT NOTIFICATIONS. The 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 airtraffrc control center. Refer to AC 150/5200 -28, Notices to Airmen ( NOTAMs) for Airport Operators, and Appendix 4 in this AC for a 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. 2 -12. 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 airfield. 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 1/17/03 Deactivation of Airports, requires that the airport operator notify the FAA in writing whenever a non - 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 ofan,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 (Le., 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 recominend 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 Prebid 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 standards 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 standard 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 Offfce 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 declared 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 150/5300-11' 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 darkness. (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 backfiIled, cover the excavations appropriately. Coverings for open trenches. or excavations must be of sufficient strength t� 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 declared 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 -1b(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 15015370 -2E to at least IA of the widest wingspan of the aircraft expected to use the taxiway and the available taxiway object -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 ofparagraph 3 -9 are implemented. (4) Adequate clearance 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 3 -4. OVERVIEW. 1/17/03 main landing gear at the edge of the pavement), then it will be 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 rust 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 Construction activity in a runway approach area may result in the need to partially close a runway or displace the existing runway threshold In either case, Iocate the threshold in accordance with Appendix 2 of AC • 150/5300=13, airport Design.. Objects that do not penetrate 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 Office, 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. 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 length available for aircraft landing over the displacement. •Dependingon the reason for the displacement (to provide obstruction clearance or RSA), 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 includes 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. Ensure that markings for temporary displaced thresholds are clearly visible to pilots approaching the airport to land. When construction personnel and equipment are located close to any threshold, a temporary visual NAVAID, such as runway end identifier lights (REIL), 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 markings must be clearly visible to pilots; not misleading, confusing, er 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. (1) 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 markings on the pavement, construct them from any of the following materials: double- Iayered 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 Specification L- 853, Runway and Tasilvay Retroreflective Markers. (6) 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 a short -. 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 150/5370-2E 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 Iights and related visual NAVAIDs be installed outboard 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 recoinxnend 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 System. Battery - powered, solar, or portable lights that meet the criteria in AC 150 /5345 -50, Specification for Portable Runway Lights, maybe used. These systems are intended primarily for visual flight rules (VFR) aircraft operation but may be used for instrument flight,rules (WR) 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 to art'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 light 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 aboveits 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. If 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 (VGSI), such as VAST and I'API; 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 Airway Facilities Systems Management Office. Section 3. Other Construction 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 all times and that marking and lighting aids remain in place and operational. Routine inspections must be made of temporary construction lighting, 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 in m . aneeFwt the;stan dWs of AC • Standards for Airport Markings . A very effective and referable visual aid to depict temporary closure is the ignal placed on or near the runway designa a on numbers. This device is much more discernible to approaching aircraft than the other materials described "X "-is do a- vailable, construct the marking of any of the followingg ma iraals: 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 barricade with a "do not enter" sign on a taxiway centerline can prevent an aircraft from continuing. onto a closed runway. Lithe taxiway must remain open for aircraft crossings, barricades or markings, as described above or in paragraph 3 -9, 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 markings, 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.. 10 1/17/03 f. Issue a NOTAM to inform pilots of temporary lighting conditions. Marking and Lighting Activities 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. e. Temporarily closed airport:. . When the airport is closed temporarily, mark the runways as closed and turn off the 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 hazard 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- reIated ' hazards and include markings to identify FAA, airport, and National Weather Service facilities cables and power lines; instrument landing system (IllS) 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 requiring the contractor to have a person on call 24 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. Nonmovernent 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 1/17/03 orange and white flags at least 20 by 20 inches (50 by 50 cm) square and made and installed so they are always in an extended position, properly oriented, and securely fastened to eliminate jet engine ingestion. Such barricades may be 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 Fights are 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 lights, 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 all construction/maintenance •areas from the movement area. All., 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 (7.6cm) above the ground. Do not use nonfrangible hazard Markings, such as concrete barriers and/or � -d •e b a in .aircraft movement are Use highly reflective barriers with flashing or steady - burning red lights to barricade taxiways Ieading to closed runways. - Evaluate all operating factors when determining how to Mark `terirporary closures that can last -from 10 to • 15 Minutes, to .a muclr longer period -of time - However, we strongly recommend that, • even for closures of . relatively;, short duration, • major taxiway /runway intersections, be,.: identified with barricades spaced no greater than 20 feet (6m) apart. Mark the barricades, with a flashing or steady - burning red light. At a minimum, use a single barricade placed Onthe 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 construction may require NAVAID shutdown or adjustment of instrument approach minimums for IFR. This condition requires that a NOTAMbe filed. Construction activities and materials/equipment storage near a NAVAID may also obstruct access to the equipment and instruments 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 SITE ACCESS AND HAUL ROADS: Determine the construction contractor's access to the construction sites and haul roads. Do not permit the construction contractor to use any access er haul roads other than those approved. Construction contractors must submit specific proposed routes associated with construction activities to the airporttoperator.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 areas. 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 -12. CONSTRUCTION MATERIAL STOCKPILING. Stockpiledmaterials 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 -13. .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 electrical blasting caps must not be permitted on or within "1,000 feet (300m) of airport property (see AC 150/5370 -10, Standards for Specjjing Construction of Airports). 11 AC 150/5370-2E 3 -14. FOREIGN OBJECT DEBRIS (FOD) MANAGEMENT. 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 project. We also recommend that airport operators and construction contractors carefully control and continuously remove waste or loose materials that might attract wildlife.' Section 4. Safety Hazards and Impacts 3 -IS. OVERVIEW. The situations identified below are potentially hazardous conditions that may occur during airport construction projects. Safety area 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 runway, taxiway, or taxilane; in the related object -free area 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. d. Heavy equipment (stationary or mobile) operating or idle near AOAs, in r unway approaches and departures areas, or in OFZs. e. Equipment or material near NAVAIOs 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 similar objects' --- 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 (gravel; 12 Sand, mud, paving materials, etc.) on airport pavements„ may result in aircraft propeller, turbine, engine, or tire damage: Also, loose materials. may blow about, potentially causing personal injury or equipment damage. i. Inappropriate or poorly maintainedfencing during construction intended to deterhunian and' animal intrusions into the AOA. Fencing and.other markings that are .inadequate to separate construction' areas from open AOAs create aviation hazards • • • . . j. Improper or inadequate rnarking.or: fighting of- runways (especially thresholds that have been displaced or runways that have been closed) anditaxiways 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. • I.- • Obliterated or.faded markings on active operational areas: I: • M. Misleading* ffi nictioni ►g olisfirctior lights. Unlighted or unmarked obstructions in the approach to any open runway pose aviation hazards. n., Failure to issue, update, or canceU OTAMs about airport or runway.closures or other ; construction- related:airport conditions. . o. Failure to mark andidentify utilities 'or power • cables. Damage to utilities and'power cables Airing 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 ire 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 ' 1/17/03 AC 450/5370 -2E 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). v. Failure to provide for proper electrical lockout and tagging procedures. At larger airports with multiple maintenance shifts/workers, construction contractors should make provisions for coordinating work on circuits. w. Failure to control dust. Consider limiting the amount of area from which the contractor 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 1/17/03 APPENDIX 1. RELATED READING MATERIAL 1. Obtain the latest version of the following free publications from the FAA on its Web site at http: //www.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, MD 20785. a. AC 150/5200-28, Notices to Airmen (NOTAM) 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 contrbl program and on appropriate . field condition reporting procedures. e. 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 Vehicles. 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. 1. 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. AC 150/5370 -2E 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. r. AC 150/5345 -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. 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 Affect the Navigable Airspace. Provides information to persons proposing to erect or alter an object that may affect navigable airspace and explains 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 standards 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. Does.) 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. Does.) SN050 -007- 0821-0. AC 150/5370 -2E 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 construction - 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 C R part 139, Certification and Operation: Land Airports Serving Certain Air Carriers, or its subsequent revisions: - 4. FAA FORM 7460 -1, NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION. The form - submitted to the FAA Regional Air Traffic or Airports Division Office as formal written notification early kind of construction or alteration of objects that affect navigable airspace, as defined in 14 CFR part 77, Objects Affecting NavigableAirspace (see AC 70/7460 -2, Proposed Construction or Alteration of Objects that May Affect the Navigable Airspace, found at http : / /www.faa.govlarp/). 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 &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 d'art entire airport (found at irttp:llwww.faa.gov /arpp. 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 loading ramps and aircraft parking - areas, (reference 14 CFR part . 139). 7. OBSTRUCTION. Any object/obstacle exceeding the obstruction standards specified by 14 CFRpart.77, subpart C. A-2 1117/03 3. 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 object& 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 function, in order to provide clearance protection for aircraft landing or taking off from 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. 12. 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 (VGSL). 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). 1117103 AC 15015370 -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 specific conditions found on the airport for which the plan Ls being developed . Consider includinga copy of this safety plan in the • construction drawings for' easy access by contractor •personnel Plans should contain the 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 inunediate 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. • Contractor, subcontractor, and supplier employees or any unauthorized persons must be restricted from entering an airport area that would be hazardous. • Construction that is within the safetyarea 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. 2. CONSTRUCTION MAINTENANCE AND FACILITIES MAINTENANCE. Before beginning any construction activity, the contractor must, through the airport operator, give notice fusing the • Notice to Airmen ( NOTAM) 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 eonstruction.project, the contractor Must- . a. Be aware ofard understand the .safetyproblems and hazards described iri AC 15015370 -2, Operational . • Safety an Airports During Construction. b. Conduct activities so as not to violate any safety standards contained in AC 150/5370-2 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 15015300 -13, Airport Design, for guidance in this area.) - 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 15015370 -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 150/5300-13 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 that is equal to the RSA available during construction. • Prevent personnel, material, and/or equipment, as defined in AC 1,50/5300 -13, Paragraph 306, "Obstacle Free Zone (OFZ)," from penetrating the OFZ. 1/17/03 • Coordinate construction activity with the Airport Traffic Control Tower (ATCT) and FAA Regional Airports Division Office or Airports District Office, and through the airport operator, issue an appropriate NOTAM. Complete the following chart to determine the area that must be protected along the runway edges: EMI 1=111=1111111111111111111 *See AC 150/5300 -13, Airport Design, to complete the chart for a specific runway. 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 150/5370 -2 for exceptions). • Ensure 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. A-4• • • Prevent personnel, material, and/or equipment, as defined in AC 150/53 00 -13, from penetrating the obstacle-free zone. • Ensure adequate distance for blast protection is provided, as needed. • . Coordinate construction activity with the ATCT and FAA Regional Airports Division Office or Airports District Oifice,.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 turbojet aircraft are anticipated, review takeoff procedures and jet blast characteristics of aircraft and incorporate safety measures for construction workers in the contract documents. 1/17/03 AC 150/5370 -2E Complete the following chart to determine the area that must be protected before the runway threshold: INEll MINIM : 1 to (threshold) : l to (threshold) 1 to (threshold)' : t to • (threshold) *See 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 markings for temporary thresholds. Precision approach path indicators (PAPIs) or runway end identification lights (REM) are fare 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 chased runways. Closed runway marking 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 /are 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 low ' 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 are 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 properly identified. To operate in those areas 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 a water - 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 Iocation), 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, all vehicle operators having access to the movement area must be familiar 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 identification and control of construction equipment. 10. NAVIGATIONAL AIDS. The contractor must not conduct any construction activity within navigational aid restricted areas without prior approval from the local FAA Airway Facilities sector representative. Navigational aids include instrument landing system components and very omnidirectional 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 darkness. 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 and forecast wind conditions. • 12. RADIO COMMUNICATIONS. Vehicular 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 withouttwo -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 (UNICOM/CTAF) . Radio contact is /is not . required between the hours of Continuous monitoring is required /or is required only when equipment movement is necessary in certain areas (This section may be tailored to suit the sped vehicle and safety requirements of the airport sponsor) 13. DEBRIS. Waste and loose material must not be placed in active movement areas. Materials tracked onto these areas must be removed continuously during the work project. 1/17/03 AC 150/5370 -2E APPENDIX 4. . SAMPLE NOTAM AIRPORT FAA NOTAM # DATE: AIRPORT I.D. # - - TIME: NOTAM TEXT: NOTIFICATON: # # # # TOWER PHONE # INITIALS TIME CALLED IN BY # # # #PSS PHONE # - INITIALS TIME. CALLED IN BY AIRLINES CANCELLED: . NOTIFICATON: . # # # # TOWER . PHONE # INITIALS . TIME CALLED IN BY # # # #FSS PHONE # INITIALS TIME . CALLED IN BY AIRLINES AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into this 27TH day of SEPTEMBER, 2011, 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 $2,493,665.79 by City and other obligations of City as set out herein, Contractor will construct and complete certain improvements described as follows: C.C.I.A. Perimeter Security, Standby Generator & Commercial Aviation Apron Lighting Upgrades PROJECT NO. E10075 (TOTAL BASE BID: $2,493,665.79) according to the attached Plans and Specifications in a good and workmanlike manner for the prices and conditions set out in their attached bid proposal supplying at their expense such materials, services, labor and insurance as required by the attached Contract Documents, including overseeing the entire job. The Contract Documents include this Agreement, the bid proposal and instructions, The General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, plans and specifications, including all maps, plats, blueprints, and other h drawings, the Performance and Payment bonds, addenda, and related documents all of which constitute the contract for this project and are made a part hereof. Page 1 of 3 Rev. Jun -2010 Contractor shall indemnify, save harmless and defend the City of Corpus Christi in accordance with General Provision B -6 -11 and Special Provision A -26 of the General and Special Provisions and Requirements for Municipal Construction Contracts of the City of Corpus Christi, Texas. The Contractor will commence work within ten (10) calendar days from date they receive written work order and will complete same within 180 CALENDAR DAYS after construction is begun. Should Contractor default, Contractor may be liable for liquidated damages as set forth in the Contract Documents. City will pay Contractor in current funds for performance of the contract in accordance with the Contract Documents as the work progresses. Signed in 4 parts at Corpus Christi, Texas on the date shown above. Page 2 of 3 Rev. Jun -2010 City Secretary APPROVED AS • LEGAL FORM: By: Asst. City Attorney ",�S 2rIEo;B'e I -Pe onnsign1ng4or r�atroriajs na .=President; 2222 Laredo Street iaeeoyf authorrzaiori (Address) CITY OF C9RPUS CHRI,$TI By: ®✓� Juan Perales, Jr. '.E. Assistant City Manager Public Works, Utilities, and Transportation By: Pete Anaya, RE. Director of Engineering Services CONTRACTOR B.E. Beecroft Company, Inc. BY AI, Title: pe4 Corpus Christi, TX 78405 (City) (State)(ZIP) 361/882-6791 * 3611882 -6392 (Phone) (Fax) Page 3 of 3 Rev. Jun -2010 I MUNCH. SEC rTARY tit REVISED P R O P O S A L F O R M F O R CORPUS CHRISTI INTERNATIONAL AIRPORT COMMUNICATIONS CENTER, PERIMETER SECURITY, STANDBY GENERATOR & COMMERCIAL AVIATION APRON LIGHTING UPGRADES PROJECT NO. E10075 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS P R O P O S A L (Revised August 2000) REVISED PROPOSAL FORM PAGE 1 OF 14 ADDENDUM 4102 ATTACHMENT NO.1 Place : Corpus Christi, Texas Date : 08/31/11 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: CORPUS CHRISTI INTERNATIONAL AIRPORT COMMUNICATIONS CENTER, PERIMETER SECURITY, STANDBY GENERATOR & COMMERCIAL AVIATION APRON LIGHTING UPGRADES PROJECT NO. E10075 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 August 2000) REVISED PROPOSAL FORM PAGE 2 OF 14 IADDENDUM NO.2 ATTACHMENT NO.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 B E E C R O F www.beecroftconstruction.com JOB NAME: CCIA - Communications Center LOCATION: Corpus Christi, TX ARCHITECT: PGAL Architects 8/31/2011 ITEM CCIA COMM. CENTER UPGRADES 1 94,169.62 94,170 SEE ITEM INCLUDED BELOW WITH ALLOWANCES INSTALL & MAINTAIN LIGHTED CONES 10 125.21 1,252 INSTALL & MAINTAIN MULTI- BARRIER BARRICADES 10 335.21 3,352 MOBILIZATION 1 158,283.67 158,284 REMOVE CHAINLINK FENCE & FOOTINGS 324 5.56 2,126 REMOVE 12' DOUBLE SWING GATES (375 & 40B) 4 210,00 840 REMOVE 15' DOUBLE SLIDE GATES (41B) 30 7.88 236 REMOVE 12" STORM SEWER RCP 30 19.79 594 REMOVE 18" STORM SEWER RCP 135 20.53 2,771 REMOVE 24" STORM SEWER RCP 45 29.45 1,325 REMOVE ASPHALT PAVEMENT (2 ") & BASE (8 ") 1,102 8.30 9,141 REMOVE EXISTIGN CALICHE (AVERAGE 8 ") 641 8.87 5,687 'SUBGRADE PREPERATION - COMPACT TO 981' 2,531 2.78 7,043 CLEARING & GRUBBING 723 5.46 3,948 EMBANKMENT IN PLACE (37B & 41B) 217 49.40 10,720 UNCLASSIFIED EXCAVATION 287 27.56 7,910 SWPPP - TEMP. BALLED HAY FILTER DAMN 84 22.94 1,927 SWPPP -TEMP. SILT FENCE 276 6.67 1,840 BITUMINOUS PRIME COAT (37B & 41 B) 330 7.35 2,426 BITUMINOUS TACK COAT (37B & 41B) 225 6.72 1,512 SEEDING 300 15.02 4,505 8" CRUSHED AGGREGATE BASE (40B) 361 19.58 7,069 12' CRUSHED AGGREGATE BASE (37B & 41B) 2,190 24.31 53,233 HMAC (4 ", 2" LIFTS) (37B & 41B) 2,190 30.45 66,686 SAFETY END TREATMENT FOR 15" RCP (408) 2 1,251.92 2,504 SAFETY END TREATMENT FOR 18" RCP (418) 2 1,334.92 2,670 SAFETY END TREATMENT FOR 24" RCP (37B) 2 2,888.66 5,777 15" STORM SEWER RCP (406) 75 73.87 5,540 18" STORM SEWER RCP (418) 72 80.33 5,783 24" STORM SEWER RCP (37B) 160 90.46 14,473 Print Date: 8/31/2011 Page 1 of 3 B E E C R O F T 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 www.beecroftconstruction.com JOB NAME: CCIA - Communications Center LOCATION: Corpus Christi, TX ARCHITECT: PGAL Architects CHAIN -LINK FENCE (8') W/ BARB WIRE (INCL FOOTINGS & ALL RELATED APPURTENANCES) 324 45.15 14,629 TEMP FENCE & SECURITY GUARD FOR GATES 3 6,300.00 18,900 3 -3" NON- ENCASED SCH. 40 PVC CONDUIT 2,404 29.00 69,720 3-3" ENCASED SCH. 40 PVC CONDUIT 21 327.55 6,879 COMMUNICATION MANHOLE CONNECTION FOR 3WAY -3" PVC CONDUIT (MH -All) 1 871.50 872 COMMJNICATION MANHOLE CONNECTION FOR 3WAY -3" PVC CONDUIT AT NEW MH -Al2 1 252.00 252 2" PVC CONDUIT FROM CABLE TRAY #2 TO J -BOX "A" 1 262,50 263 2' x 3' x 1.5' OPEN- BOTTOM PRECAST HAND HOLES 16 913,50 14,616 6' x 8' x 6' COMMUNICATION MANHOLE 1 16,012.50 16,013 TENSAR GEOGRID REINFORCMENT 2,168 504 10,927 TEMPORARY TRAFFIC CONTROL DURING CONST. 1 5,455.80 5,456 TV INSPECTION OF 2" CONDUIT FROM TERMINAL TO MH -A1 361 3.55 1,281 7" CONCRETE PAVMENT 361 63.16 22,800 48- STRAND OSP SINGLE -MODE FIBER OPTIC CABLE 20,810 3.00 62,346 96- STRAND OSP SINGLE -MODE FABER OPTIC CABLE 6,600 5.17 34,091 96- STRAND TO 48-STRAND SPLICE 1 7,969.50 7,970 FIBER OPTIC CONNECTIONS FOR EACH GATE 3 9,282.00 27,846 8' TYMETAL CORP, STRUCTURAL SLIDE GATE (INCL. GATE OPERATORS, LOOPS & ALL RELATED) 3 55,440.00 166,320 ACCESS CARD READERS FOR ALL GATES (INCL FOOTING, CONDUIT, WIRING, CONNECTIONS & ALL RELATED) 6 6,176.34 37,058 6" DIAMETER X 3-6" PAINTED GLAV. STELL BOLLARDS WITH PLASTIC COVERS 16 282.40 4,518 1- - 1 POLE - MOUNTED PTZ VIDEO CAMERA AT EACH GATE 3 7,559.66 22,679 1 SPARE PTZ CAMERA FOR FUTURE USE 1 5,742.80 5,743 1 POLE - MOUNTED FIXED CAMERA FOR EACH GATE 3 4,463.82 13,391 1 SPARE FIXED CAMER FOR FUTURE USE 1 2,694.43 2,694 ELECTRICAL UPGRADES AT ALL GATES 3 19,355.00 58,065 AREA LED LIGHT AND CONCRETE POLE FOR EACH GATE 3 13,230.00 39,690 18' PRECAST CONCRETE POLE FOR PTZ CAMERAS 3 4,900.00 14,700 RACK MOUNTED MANAGED MEDIA- CONVERTER FOR TERMINAL BUILDING 1 11,795.48 11,795 SIGNS FOR SLIDE GATES 1 604.80 605 TRENCH SAFETY FOR 3 -3" PVC CONDUITS AND RCPs 2,711 1.16 3,150 1250 KVA, 2400 V, DIESEL GENERATOR W/ FUEL TANK 1 473,215.47 473,215 AUXILLARY FUEL TANK FOR SDP 1 126,587.84 126,588 Print Dale: 8/31/2011 Page 2 of 3 64 65 66 67 68 2 69 70 71 72 72 B E E C R O F T C'0 N1S T �,C T I Ow www.beecroftconstruction.com JOB NAME: COLA - Communications Center LOCATION: Corpus Christi, TX ARCHITECT: PGAL Architects COMM. CENTER CONTINGENCY ALLOWANCE 1 7,500.00 7,500 MCS REVISIONS 1 189,945.00 189,945 NDP REVISIONS 1 73,710.00 73,710 DEMO OF EXISTING POLES 12 560.00 6,720 NEW HINGE POLES ON EXISITNG FOUNDATIONS 12 6,755.00 81,060 NEW LIGHT FIXTURES (36 COL/NT) 36 3,561.25 128,205 COMM. CENTER CONTINGENCY ALLOWANCE 1 7,500.00 7,500 PERIMETER SECURITY CONTINGENCY ALLOWNACE 1 15,000.00 15,000 REFURBISH EDS SWITCHGEAR ALLOWANCE 1 95,000.00 95,000 REFURBISH MCS SWITCHGEAR ALLOWNACE 1 80,000.00 80,000 TEST & REFURBISH THE SDP EMERGENCY GENERATOR - ALLOWANCE 1 20,003,00 20,000 TEST & REFURBISH THE SDP EMERGENCY GENERATOR - ALLOWANCE 1 16,300.00 16,000 TOTAL BASE BID $ 2,493,556 B. E. Beecroft Co., Incl. 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. B. E. Beecroft Co., Inc. 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 printout by the respective estimated quantities shown in the Proposal (column III) and then totaling the exten amounts. Print Date: 8/31/2011 Page 3 of 3 Sam N. Beecroft President 8/3112011 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. 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 St 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 Business Enterprise 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. Nuxnber 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 180 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 stun or sums above set forth. Receipt of the following addenda is acknowledged (addenda number) : Addendum #1, Addendum #2 (SEAL - IP BIDDER IS a Corporation) Respectfully submitted: Name: By: Sam N. Beecroft (SIGNATURE) Address: '.0. Box 2643 2222 Laredo Street (P.O. Box) (Street) Corpus Christi, Texas 78405 (City) (State) (Zip) (361) 882 -6791 Telephone: NOTE: Do not detach bid from other papers, Fill in with in and submit complete with attached papers. (Revised August 2000) REVISED PROPOSAL FORM PAGE 12 OF 14 (Revised August 2000} ADDENDUM NO.2 ATTACHMENT Na.1 PAYMENT BOND STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: BOND No. 3UMP9 j 7 That B.E. Beecroft Company, Inc. of the City of Corpus Christi , County of Nueces , and State of Texas , as principal ( "Principal "), and -- 4 rah J n 5 bi rte rife efd/Y7p4 ny , a solvent company duly authorized under the laws of the State of Teias to act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule — municipal corporation of Nueces County, Texas ( "City" or "OWNER "), and unto all Subcontractors, workers, laborers, mechanics and suppliers as their interests may appear, all of whom shall have a right to sue upon this bond in the penal sum of TWO MILLION, FOUR HUNDRED NINETY -THREE THOUSAND, SIX HUNDRED SIXTY -FIVE AND 79/100 U.S. Dollars ($ 2,493,665.79 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 27TH day of SEPTEMBER, 2011 which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: C.C.I.A. Perimeter Security, Standby Generator & Commercial Aviation Apron Lighting Upgrades PROJECT NO. E10075 (TOTAL BASE BID: $2,493,665.79) Now, therefore, the condition of this obligation is such, that if said Principal shall well and truly pay all Subcontractors, workers, laborers, mechanics and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of improvements of said Agreement, then e this obligation shall be and become null and void; otherwise to remain 9 9 , in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to 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. (Rev. Date May 2011) 3 Payment Bond Page 1 of Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent 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 Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original, this the ai day of copies, ,2011. PRINCIPAL & Pf ; c. By: t 8garaz Title:, ATTEST: Address: Rev. Date May 2011 SURETY By r h f6itra_ Attorney -in -fact - Address: ¥Th FIoDr epoo Li 5 ilh r' .c v-rn Telephone: L (1) 88g - &SIM Fax: L &,1) (,q3)717 E -Mail: a b5rd er] eP be rden /176 .0 ►Q�17 Payment Bond Page 2 of 3 man rri asd:drei ssaf R- esidlent:Agent:_of S rety-ir Nu -eves G panty Texas;= ftirdelivery,o o :ire a;ncLservice of process: Name: Iefl(. rd&r) Agency: bb rd en n6 GL YGL,1 :c Address: AID S, Ca ra,i cyfLh t,C � ¥m Root (Physical Street Address) e_DlrP�� n� 6 f-r`, iW (Cit (State) (Zip) Telephone: (N el) 33A-1p61-1-5 E -Mail: Q.bord en border?' n5,apor Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Payment Bond must not be prior to date of contract. END Rev. Date May 2011 Payment Bond Page 3 of 3 PERFORMANCE BOND STATE OF TEXAS § BOND No. It I I oq l 7 COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: That B.E. Beecroft Company, Inc. of the City of Corpus Christi , County of Nueces, , and State of Texas , as principal ( "Principal "), and r 6-1) Irit,we t-or l p a n v ( , a solvent company duly authorized under the laws of the State of Texas 4o act as surety on bonds for principals ( "Surety "), are held and firmly bound unto the City of Corpus Christi, a Home Rule municipal corporation of Nueces County, Texas ( "City" or "OWNER "), in the penal sum of TWO MILLION, FOUR HUNDRED NINETY -THREE THOUSAND, SIX HUNDRED SIXTY -FIVE AND 79/100 U.S. Dollars ($2,493,665.79 U.S.) to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made, We, said Principal and Surety, bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Conditions of this bond are such that, whereas, Principal has entered into a certain written contract with the City of Corpus Christi (OWNER), dated the 27TH of SEPTEMBER , 2011, which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, for the construction of: C.C.I.A. Perimeter Security, Standby Generator & Commercial Aviation Apron Lighting Upgrades PROJECT NO. E10075 (TOTAL BASE BID: $2,493,665.79) Now therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement in accordance with the plans, specifications and contract documents, including any changes, extensions, or guarantees, and including all and singular covenants, conditions, and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to the true intent and meaning of said Agreement hereto annexed, 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(OWNER), then this obligation shall be void; otherwise to remain in full force and effect. Surety, for value received, stipulates and agrees that no change to the contract time or contract amount, and no alteration or addition to the terms of the contract, or to the work performed thereunder, or to 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. (Rev. Date May 2011) Performance Bond Page 1 of 3 Provided further, that this bond is executed pursuant to Chapter 2253, Texas Government Code, as amended. Provided further, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. The undersigned agent is hereby designated by the Surety as the Resident Agent 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 Sections 3503.001 to 3503.005, Texas Insurance Code, as amended. In witness whereof, said instrument in 4 copies, each one day of Sep-Le .rba,y PRINCIPAL Principal and Surety have signed and sealed this of which shall be deemed an original, this the ,2 9' ' ,20)) ATTEST: Secretary Address: (Rev. Date May 2011). SURETY By /7A11411 IL 4 lt,w S9,4 is Attorney- in -fac Address: 10 - ea rie tLaajla eorpu6 0,h ri,5 ��, 7 '78W) Telephone: (II) c ga` 95 3 Fax: L0�l) 61.3 - l7 7 E-Mail: „,,f) bL ri en 6 boydef) i 06.Cp'I,). Performance Bond Page 2 of 3 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company) does hereby appoint Allen G. Borden, Wallace C. Goodman and Debra L. Johnson of Corpus Christi, TX (EACH) its true and lawful Attorley(s }in -Fact, to make, execute, seal, and deriver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents ',shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney Is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 20003, true and accurate copies of which are hereinafter set forth and are hereby certified to by .. the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the. President, or any Vice President, or their appointees designated in writing and flied with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys -in -fact, and to authorize them to execute an behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00LIL€013 00 03 03 Page I oft Palatal in U.S. A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed ixed by their authorized officers, this NI day of July , 20 10 . Attested and Certified Martin J. Nils . >' , Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch Insurance Company I, Brian C. Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J. Michael Pete personally known to me to be the same persons whose names are respectively as Secretary and Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporatlon and as their own free and voluntary acts for the uses and purposes therein set forth. CERTIFICATION combioNW ALTh0FP1t4NSy1,V MA NOTARIAL SEAL. Brian C Kuhn, Notary Public City ofPhiladelphia, Philadelphia County My commission expires December o6,411 Brian C. Kuhn, Notary Public My commission expires 12-06-2011 I, Martin I. Nilsen, Secretary of the Arch Insurance Cbrhpahy, do hereby certify that the attached Power of Attorney dated July 6, 2010 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and 1 do further certify that the said J. Michael Pete, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY W REOF, I have ereunto subscribed my name and affixed the corpor !l �= I of the Arch tnsurance Company on this day of r_" ber, 20 / I . Martin J. den, Secretary This Power of..Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Surety. 3 Parkway, Ste. 1500 Philadelphia, PA 19192 L001303 Page2of 2 Printed ILSA Arch Insurance Company IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Arch Insurance Company for information or to make a complaint at: Arch insurance Company Attn: Claims 3 Parkway, Ste. 1500 Philadelphia, PA 19102 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 TOYOUR 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 CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES P.O. BOX 9277 CORPUS CHRISTI, TEXAS 78469 -9277 RE: Certification of Power of Attorney for Performance and Payment Bonds Project Name & No.: C.C.I.A. Perimeter Security, St E 0075 Generator & Commercial Aviation Apron Lighting Upgrades Project Surety Company: Arch Insurance Com an Ladies /Gentlemen: 1, Michael G. Davis Re ional Vice President, hereby certify that the facsimile power of attorney submitted by Allen G. Borden for Arch insurance Com an , a copy of p of the original power of which is attached to this certificate, is a true and correct home office, has not been attorney on file in the records of the surety company. amended or abridged, is still in full force and effect, and s cancellation of this power is currently in good standing with the surety. In the event of attorney, the City of Corpus Christi shall be notified in writing by certified mail within seven (7) days thereof at the following address: City of Corpus Christi Department of Engineering Services Attn: Contract Administrator P.O. Box 9277 Corpus Christi, TX 78469-9277 Signed this 14th_ day of October, 2011. Name: Michael G. Davis Title: Re tonal Vice President Sworn and subscribed to before me on this y of 2010. (Revised 2/10) il-YvYkAji Notary Public State of My Commission Expires:'" Name an atla ess ofi -R_esi tenet Agent- af-S-ur tyro- Nuepes Caurity, Texas,- for - delivery J. esla s.eakeeTofaproce.ss: Name: l -lien a,. i3L rr/pn Agency: er) .T n,5 a_ re lee Address: Telephone: 10 5 - Cara .nr (-hUt.t) " Flop( (Physical Street Address) F hra6 -(,Tu 124-o ) (City) (State) (Zip) Ca l) 8 -6,6- E -Mail: ObDrQenibbordPnfn3 Cprr Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER under applicable law. Note: Surety Agent's Original Power of Attorney must be attached hereto. Note: Date of Performance Bond must not be prior to date of contract. END (Rev. Date May 2011) Performance Bond Page 3 of 3 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. If the question is not applicable, answer with ANA=. FIRM NAME: B.E. Beecroft Company, Inc. STREET: 2222 Laredo Street CITY: Corpus Christi ZIP: 78405 FIRM is: ( Corpor to ion 2. Partnership 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% or more of the ownership in the above named Afirm_. 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 interests constituting 3% 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 3% or more of the ownership in the above named Afirm -. Name Board, Commission or Committee Sam N. Beecroft CCRED�Economic Development Corporation) 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 interest_ constituting 3% 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 I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Sam N. Beecroft Title: President (Type or Print) Signature of Certifying Person: (Revised August 2000) REVISED PROPOSAL FORM PAGE 13 OF 14 Date: 08/31/11 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. AEmployee. 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. AFirm -. Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form 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 organizations. d. AOfficial -. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, 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 of venture or partnership agreements. f. AConsultant . Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. (Revised August 2D00) REVISED PROPOSAL FORM PAGE 14 OF 14 y• lu: I Lri A�� CERTIFICATE OF LIABILITY INSURANCE L' DATE 0 /03,11 } THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER 361- 882 -6543 Borden Insurance 361- 654 -2008 P. O. Box 1066 Corpus Christi, TX 78403 -1066 Alien Borden CONTACT PHONE FAX _(Arc. No, Ertl: (A/C, No): E-MAIL PRODUSS: PUSDUMER BEBEE -1 CUSTOMER ID #: INSURERS) AFFORDING COVERAGE NAIC # INSURED B E Beecroft Company, Inc / P. 0. Box 2643 Corpus Christi, TX 78403 INSURER A :Continental Casualty Co. GENERAL INSURER B :Texas Mutual Insurance Co. OCCUR INSURER C X INSURER D : INSURER E : PREMISES Ea otcurrenoe) INSURER F : 100,000 • THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ......"""!!! TYPE OF INS CE ADM INSR SUBR WVD POLICY NUMBER POLICY EFF LMM!DDFYYYYUMM)DDIYYYYL 12131/10 POLICY EXP 1213111111 LIMITS EACH OCCURRENCE $ 1,000,000 A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR X X C2088426254 X PREMISES Ea otcurrenoe) $ 100,000 CLAIMS -MADE X MED EXP Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1 ,000,000 $ 12,000,000 GENERAL AGGREGATE GEN'L.AGGREGATE LIMIT PRO- POLICY APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 I I LOC $ A AUTOMOBILE LIABILITY vi ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON - OWNED AUTOS X X C2088426206 12/31110 12/31111 COMBINED SINGLE LIMIT (Ea accident) $ /1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE C2088426156 12/31/10 12111 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DEDUCTIBLE RETENTION $ 10,00r $ X $ 13 . WORKERS AND EMPLOYERS' LiABILOITY ANY 'OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Fl Y! N NIA TSF0001096828 04/01/11 04/01112 si X TORY LIIMITS OER E.L. EACH ACCIDENT $ 1,000 000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Leased /Rented Equipment C2088426254 12/31/10 12/31/11 ' Maxlltem Max/Occ 25,000 50,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project No. E10075: CCIA Communications Center, PerimeterSecurity, Standby Generator & Commercial Avaition Apron Lighting Upgrades 1 CERTIFICATE HOLDER CANCELLATION CICC -CC City of Corpus Christi Engineering Services Attn: Contract Administrator P 0 Box 9277 iComus Christi, TX 78469 -9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE tie6a,JA 1"-&7104/ \ ACORD 25 (2009109) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD 1NSURED'S NAME B E Beecroft Company, Inc Liability ic and Au r 15 S e own absli d 'tonal Insure • under the eneral ontract Liability policies as required by written Certificate Holder is shown in favor of a Waiver of Subrogation under the General Liability, Automobile Liability and Workers' Compensation policies as required by written contract. BEBEE -1 OP ID: TLH PAGE 2 DATE 10103111 Ulh11I1llIIll flll1II1 111Ulliilti CNA Policy No. 02088426254 V( G- 140331 -C (Ed. 10/10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement mollies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) 1 Name of Additional Insured Persons Or Organizations (As required by 'written contract' per Paragraph A. below.) Locations of Covered Operations (M per the 'written contract,' provided the location is within the' coverage territory' of this Coverage Part.) A. Section i1- Who is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by Wen contract' to add as an addilikonal insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for 'bodily injury.' 'property damage,' or 'personal and adveriising injury' caused in whole or in part by: a. Your acts or omissions; or b. The as or omissions of those acting on your behalf in the performance of your ongoing operations specified in the 'written contract'; or c. 'Your work' that is specified in the written contract' but only for 'bodily injury' or 'property damage' included in the 'products - compteled operations hazard; end only 1F (1) The 'written contract' requires you to provide the additional insured such coverage; and 42) This Coverage Part provides such coverage. G- 140331-C (Ed. 10110) 2. We will not provide the additional insured any broader coverage or any higher Ilrrrit of insurance than the least that is: a. Required by the 'written contract'; b. Described In B.1. above; or o. Afforded to you under this policy. 3. This insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. But if required by the 'written contract,' this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. 4. . The insurance provided to the additional insured does not apply to 'bodily injury,' 'property damage,' or 'personal and advertising injury arising out of: a. The rendering o1, or the failure to render, any professional architectural, engineering, or surveying services, including (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, Minions, reports, surveys, tlleid orders. change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or Ineudse copyrighted material l al Insurance sorvices gli % Inc.. with ha penaission Pagel oft b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an 'occurrence' or an offense which may result in a claim or 'suit' under this insurance, and of any claim or 'suit' that does result; (2) Except as provided in Paragraph B.3 of this endorsement, agree to make available any other insurance the additional insured has for a Toss we cover under this Coverage Part; Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or 'suit'; and (4) Tender the defense and indemnity of any claim or 'suit' to any other insurer or self insurer whose policy or program applies to a loss we cover under This Coverage Part. But if the 'written contract' requires this insurance to be primary and non-contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. (3) G- 140331 -C (Ed. 10/10) D. G- 140331 -C (Ed. 10/10) We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or 'suit.' 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance a. Primary Insurance This insurance is primary and non - contributory except when rendered excess by endorsement G- 140331 -C, or when Paragraph b. below applies. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: 'Written contract' means a written contract or written agreement that requires you to make a person or organization an additional Insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The 'bodily injury` or 'property damage'; or b The offense that caused the 'personal and advertising injury' for which the additional insured seeks coverage under this Coverage Part. includes copyrighted material of Insurance Services Office, inc., with its permission Page 2 of 2 POMP/UMBER: C2088426206 CCIALLIERCIALAUTO CA 04030604 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADDITIONAL INSURED This endorsement modes Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM J 'MIh rasped to coverage provided by this endorsement, the provisions of the Coverage Form apply unless moolhed by the endcrsement This endorsement changes the policy effective on the Inoopiian date ct the policy unless another date Is Indebted below. Endorsement Etfecfivo Named framed Countersigned Sy: SCHEME — (Authorized presantativot Renee end Address of Additional Inured: Aa required by written contract (In pap goers above, nl venation required W complete this endorsement will be shown M the Oedetsitons as A. Who le An Insured (Section 11) s amended lo include as an 'Insurer' the pwsoat(s) or organization (s) shown In the Schedule, but only with respect to their legal Ilablllly for acts or omissions el a pees= for whom Liability Coverage is afforded under this d B. The adddonaf Ireu ed named in the Schedule or Dedaratons is not required to pay for any premiums staled le the policy or earned from the policy. Any return premium and any dividend. 11 applicable, declared by us shell be paid to you. C. You are authorized to act for the additional insured named in the Schedule or Declarations in all matters pertaining to this insurance. D. We will mall the additional insured named In the Schedule or Declarations notice of any cancellation of this polity. 11 we cancel, we will give 14 days notice to the additIonat Insured. E. The additional insured named In the Schedule or Dedatailons will retain any right ol recovery as a dalmant under We policy. GA 09 03 t604 Copito% 80 Properties. Ina. 2003 Pagel of i POUDYNUMBER: C2088426254 COMMERCIAL GENERAL UA IL TY Co 02 0512 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE ibis endorsement modifiers immense provided under the toaowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART UQUOR LIABILITY COVERAGE PART OWNERS ARID CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WmIDRAWAf. COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event 01 consolation or metedet change that reduces or midi* the insurance afforded by this Coverage Nut. we agree to mall pricr written notice of cane latfon or material change 1or SCHEDULE 1. HOMO: CITY OF CORPUS CRISTI - ,... 2. Addro's: P.O. BOX 9277 CGRPUS CHRISTI, '!x 78459 -9277 3. Nurgletsf_tlat►s (advance nubs; 030 _ Iaiortnatlon re fired to mists this Schedule. not shown ague. will be shown In the Declarations._ CO 02 06 12 04 Copyright. ISO Properties. Inc., 2003 Page 1 GPI a■ Wai POLICY NUMBER: C2088426206 COMMERCIAL AUTO CA 012 44 06 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies 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 modified by the endorsement This endorsement changes the policy effective on the inception dale oI the policy unless another date is indicated below. Endorsement Effective: Named Insured: Countersigned By: Number of Wyss *Moon SCHEDULE Authorized Re asentatfve Name Of Person Or OrgenttrUionB1anket - As require by written contract Ades 11 this policy Is canceled or materially changed to reduce or restrict coverage, we will mail notice oI cancellation or change to the person or organization named In the Schedule. We will give the number of days' notice indicated in the Schedule. CA 02 44 06 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 1 TeXaSMutuar WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT WC 42 06 01 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: CITY OF CORPUS CHRISTI P. 0, BOX 9277 DEPARTMENT OF ENGINEERING SERVICES CONTRACT ADMINISTRATOR CORPUS CHRISTI, TX 78469 -9277 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 October 3 , 2011 at 12:01 A.M. standard time, forms a part of Policy No. TSF- 0001096628 201 10401 of the Texas Mutual Insurance Co mpany Issued to B E BEECROFT COMPANY I NC Premium $ 0.00 WC420601 (ED. 1 -94) Endorsement No.. 2 AGENT'S COPY Authorized Representative WASENDRS 10 -03 -2011 October 3, 2011 Mr. Mike Munoz B E Beecroft Company, Inc P. O. Box 2643 Corpus Christi, TX 78403 Re: Policy Type: Policy Number: Insurance Company: Policy Term: Dear Mike, Installation/Builders Risk BR70606472 American Zurich Insurance Co 09/30/11 to 06/30/12 Borden Insurance Member of the American Bank Family 210 SOUTH CARANCAHUA, 4TH FLOOR P.O. BOX 1066 CORPUS CHRISTI, TEXAS 78403 -1066 3611882 -6543 FAX 361/ 654-2008 www.bordenins.com We are pleased to enclose the new Installation/Builders Risk policy as respects the CCIA Project E10075. We ask that you please take the time to examine it carefully for accuracy. If we need to make any changes, please contact us as soon as possible. Included is our invoice for this policy as well as the Windstorm & Hurricane policy. The Windstorm & Hurricane policy will be mailed to you upon receipt. Upon review, let us know if there are any questions or changes. Sincerely, Theresa L. Honey&itt, CISR, CPIW Commercial Account Manager Direct Line: 361 -693 -1760 /tlh Enclosures BUILDERS RISK COVERAGE DECLARATIONS The Declarations, Supplemental Declarations, Common Policy Conditions, Commercial Inland Marine Conditions, Coverage Form(s) And Endorsement(s), if any, issued to and forming a part thereof, complete the Commercial Insurance Policy numbered as follows: American Zurich Insurance Company A Stock Company Administrative Office: 1400 American Lane Schaumburg, IL 60196 THIS IS A COINSURANCE CONTRACT Please read your policy. of this policy, we agree with you to provide the • Producer Information: A Name: BORDEN INSURANCE Po sox 1066 CORPUS CHRISTI, TX 78403 -1066 #13446018 B Telephone # 361- 882 -6543 C Fax # 361 -654 -2008 D Zurich Producer # 13446018 E Field Office Name SAN ANTONIO F Field Office Code ZR p New Policy BR70606472 ❑ Renewal of fl Rewrite of In return for the payment of the premium, and subject to all terms insurance as stated in this policy. 1. Named Insured and Mailing Address: 2. B E Beecroft Company, Inc. P 0 Box 2643 Corpus Christi, TX 78403 3. Policy Period — From: 09/3012011 To: 06130/2012 12:01 a.m. at your mailing address above. 4. Form of Business: El Individual • Partnership x Corporation ❑ Joint Venture • Other 5. Limits of Insurance (either One -Shot or Reporting Form as indicated below) DECLARATIONS is attached to and forms a part of this policy) K SUPPLEMENTAL (If this box is checked, Supplemental Declarations ❑ Reporting Form (continuous policy) ❑ Annual Rate ❑ Monthly Rate (HBIS — 4) A) Any one building or structure $ B) All covered property at all locations $ C) Rate Per Report D) Premium Per Report E) Total Taxes and Surcharges Per Report (per attached endorsement — N/A in NY) F) Total Fully Earned Policy Premium Per Report III One -Shot (non - reporting form/single structure policy) ❑ 1-4 Family Dwelling x Commercial Structure Property Location 1000 International Drive Corpus Christi international Airport Corpus Christi, TX 78406 New Construction A) Any one building or structure $ 2,493,666 8) All covered property at all locations $ 2,493,666 (same as A unless otherwise noted) Remodeling D) Renovations and improvements $ See new construction E) Existing buildings or structures $ F) Rate $ 0.095 G) Premium $ 2,369.00 H) Total Taxes and Surcharges $ 0.00 (per attached endorsement) I) Total Fully Earned Policy Premium $ 2,369.00 (minimum premium applicable) ❑Other 6. Deductible: 0$500 ■$1,000 132,500 13 $5,000 7. Forms Applicable To This Coverage Part: SEE SCHEDULE OF FORMS AND ENDORSEMENTS Countersigned: Date By: Authorized Representative FM- 170001 (04 -10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER BI 70606472 v POLICY CHANGES Policy Change Number NAMED INSURED B E Beecroft Company, Inc. P O Box 2643 Corpus Christi, TX 78403 POLICY CHANGES EFFECTIVE From 09/30/201 i To 06/30/2012 COMPANY American Zurich Insurance Company COVERAGE PARTS AFFECTED Builders Risk Coverage AUTHORIZED REPRESENTATIVE BORDEN INSURANCE PO BOX 1 066 CORPUS CHRISTI, TX 78403 -1066 #13446018 CHANGES Additional Insured: City of Corpus Christi - Department of Engineering Services Attn: Contract Administrator P 0 Box 9277 Corpus Christi, TX 78469 -9277 IL12011185 Authorized Representative Signature Copyright, Insurance Services Office, Inc., 1983 Copyright, ISO Commercial Risk Services, Inc., 1983 Page 1 of 1 BUILDERS RISK COVERAGE SUPPLEMENTAL DECLARATIONS i Policy Number: BR70606472 Policy Type: ❑ Reporting Forms (continuous policy) OR © One -Shot (non - reporting form /single structure policy) ADDITIONAL COVERAGES (COVERAGE FORM) LIMIT OF INSURANCE a. Collapse Included b. Scaffolding, Construction Forms And Temporary Structures $ 20,000 Re- erection Of Scaffolding $ 10,000 c. Debris Removal $ 20,000 d. Back -Up Or Overflow Of Sewers, Drains Or Sumps $ 5,000 e. Fire Department Service Charge $ 10,000 f. Valuable Papers And Records $ 20,000 g. Pollutant Clean -Up And Removal $ 15,000 h. Ordinance Or Law— Direct Damage Loss To The Undamaged Portion Of The Building Included Demolition Cost $ Increased Cost Of Construction $ Combined Aggregate For Demolition Cost And Increased Cost Of Construction $ i. Preservation Of Property Included j. Rewards $ 10,000 k. Property At A Temporary Storage Location $ 10,000 I. Property In Transit $ 25,000 OPTIONAL ADDITIONAL COVERAGES (ENDORSEMENTS) ❑ Business Income (HBIS -95) $ Anticipated Project Completion Date Monthly Limit Of Indemnity (fraction) Deductible Period days Civil Authority Included ❑ Business Income And Extra Expense (HBIS -82) $ Anticipated Project Completion Date Monthly Limit Of Indemnity (fraction) Deductible Period days Business Income Included Extra Expense Included Civil Authority Included ❑ Development Or Subdivision Fences, Walls And Signs (HBIS -58) $ ❑ Expediting Expense (HBIS -93) $ El Extra Expense (HBIS -92) $ ❑ Marine Model Home Contents Coverage (❑ HBIS -52 --OR— ❑ HBIS -77) $ ❑ Soft Costs Coverage (HBIS -88) $ Anticipated Project Completion Date Deductible Period days Expense To Mitigate Loss Included Civil Authority (coverage extended for 3 additional consecutive weeks) Included OPTIONAL COVERAGE EXTENSION (ENDORSEMENT) ❑ Builders Risk Green Building Coverage Extension (HBIS -96) Aggregate Limit of Liability $ "LEED Building Rating" HBIS -91 (04 -09) Policy Number BR70606472 SCHEDULE OF FORMS AND ENDORSEMENTS Named Insured: B E Beecro8 Company, Inc. Agent Name: BORDEN INSURANCE 1 Effective Date: 09/30/2011 12:01 A.M., Standard Time Agent No.: 13446018 990003(02 -07), FM170001(04/10), 1L1201(11/85), HBIS- 91(04109), U -GU -619 -A CW(10 /02), U- GU- 630- C(12/07), U- GU- 767- A(01/08), CM0001(09/04),1L0017(11/98), 40471(04/09), CM0I12(09/00), HBIS - 1(04/09), HBIS - 35(04/09), HBIS - 67(04/09), HBIS- 83(04/09), HBIS- 84(04/09), IL0003(09/08), IL0171(09/07), IL0288(09107), U-GU-3 1 9-F(01/09) U -GU -619 -A CW (10/02) COMMERCIAL INLAND MARINE CM 00 01 09 04 COMMERCIAL INLAND MARINE CONDITIONS The following conditions apply in addition to the Common Policy Conditions and applicable Additional Conditions in Commercial Inland Marine Coverage Forms: LOSS CONDITIONS A. Abandonment There can be no abandonment of any property to us. B. Appraisal If we and you disagree on the value of the prop- erty or the amount of loss, either may make writ- ten demand for an appraisal of the loss. In this event, each party will select a competent and im- partial appraiser. The two appraisers will select an umpire. If they cannot agree, either may re- quest that selection be made by a judge of a court having jurisdiction. The appraisers will state sepa- rately the value of the property and amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: 1. Pay its chosen appraiser; and 2. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal, we will still retain our right to deny the claim. C. Duties In The Event Of Loss You must see that the following are done in the event of loss or damage to Covered Property: 1. Notify the police if a law may have been bro- ken. 2. Give us prompt notice of the loss or damage. Include a description of the property involved. 3. As soon as possible, give us a description of how, when and where the loss or damage oc- curred. 4. Take all reasonable steps to protect the Cov- ered Property from further damage, and keep a record of your expenses necessary to pro- tect the Covered Property, for consideration in the settlement of the claim. This will not in- crease the Limit of Insurance. However, we will not pay for any subsequent loss or dam- age resulting from a cause of loss that is not a Covered Cause of Loss. Also, if feasible, set the damaged property aside and in the best possible order for examination. 5. You will not, except at your own cost, volun- tarily make a payment, assume any obliga- tion, or incur any expense without our con- sent. 6. As often as may be reasonably required, permit us to inspect the property proving the loss or damage and examine your books and records. Also permit us to take samples of damaged and undamaged property for inspection, test- ing and analysis, and permit us to make cop- ies from your books and records. 7. We may examine any insured under oath, while not in the presence of any other insured and at such times as may be reasonably re- quired, about any matter relating to this insur- ance or the claim, including an insured's books and records. In the event of an exami- nation, an insured's answers must be signed. 8. Send us a signed, sworn proof of loss con- taining the information we request to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms. 9. immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit. 10. Cooperate with us in the investigation or set- tlement of the claim. D. Insurance Under Two Or More Coverages If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. Loss Payment 1. We will give notice of our intentions within 30 days after we receive the sworn proof of loss. 2. We will not pay you more than your financial interest in the Covered Property. 3. We may adjust losses with the owners of lost or damaged property if other than you. If we pay the owners, such payments will satisfy your claim against us for the owners' prop- erty. We will not pay the owners more than their financial interest in the Covered Prop- erty. 4. We may elect to defend you against suits arising from claims of owners of property. We will do this at our expense. 5. We will pay for covered loss or damage within 30 days after we receive the sworn proof of Toss if you have complied with all the terms of this Coverage Part and: a. We have reached agreement with you on the amount of the loss; or b. An appraisal award has been made. CM 00 01 09 04 Copyright, ISO Properties, Inc., 2003 Page 1 of 3 UNIFORM 6. We will not be liable for any part of a loss that has been paid or made good by others. F. Other Insurance 1. You may have other insurance subject to the same plan, terms, conditions and provisions as the insurance under this Coverage Part. If you do, we will pay our share of the covered foss or damage. Our share is the proportion that the applicable Limit of Insurance under this Coverage Part bears to the Limits of In- surance of all insurance covering on the same basis. 2. If there is other insurance covering the same loss or damage, other than that described in 1. above, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or riot. But we will not pay more than the applicable Limit of Insurance. G. Pair, Sets Or Parts 1. Pair Or Set In case of loss or damage to any part of a pair or set we may: a. Repair or replace any part to restore the pair or set to its value before the loss or damage; or b. Pay the difference between the value of the pair or set before and after the loss or damage. 2. Parts In case of loss or damage to any part of Cov- ered Property consisting of several parts when complete, we will only pay for the value of the lost or damaged part. H. Recovered Property If either you or we recover any property after loss settlement, that party must give the other prompt notice. At your option, the property will be re- turned to you. You must then return to us the amount we paid to you for the property. We will pay recovery expenses and the expenses to re- pair the recovered property, subject to the Limit of Insurance. I. Reinstatement Of Limit After Loss The Limit of Insurance will not be reduced by the payment of any claim, except for total loss or damage of a scheduled item, in which event we will refund the unearned premium on that item. J. Transfer Of Rights Of Recovery Against Oth- ers To Us If any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair then. But you may waive your rights against another party in writing: 1. Prior to a Toss to your Covered Property. 2. After a loss to your Covered Property only if, at time of Toss, that party is one of the follow- ing: a. Someone insured by this insurance; or b. A business firm: (1) Owned or controlled by you; or (2) That owns or controls you. This will not restrict your insurance. GENERAL CONDITIONS A. Concealment, Misrepresentation Or Fraud This Coverage Part is void in any case of fraud, intentional concealment or misrepresentation of a material fact, by you or any other insured, at any time, concerning: 1. This Coverage Part; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this Coverage Part. B. Control Of Property Any act or neglect of any person other than you beyond your direction or control will not affect this insurance. The breach of any condition of this Coverage Part at any one or more locations will not affect cover- age at any location where, at the time of loss or damage, the breach of condition does not exist. C. Legal Action Against Us No one may bring a legal action against us under this Coverage Part unless: 1. There has been full compliance with all the terms of this Coverage Part; and 2. The action is brought within 2 years after you first have knowledge of the direct loss or damage. D. No Benefit To Bailee No person or organization, other than you, having custody of Covered Property will benefit from this insurance. E. Policy Period, Coverage Territory We cover loss or damage commencing: 1. During the policy period shown in the Decla- rations; and 2. Within the coverage territory. F. Valuation The value of property will be the least of the fol- lowing amounts: 1. The actual cash value of that property; Page 2 of 3 Copyright, ISO Properties, Inc., 2003 CM 0001 09 04 2. The cost of reasonably restoring that property In the event of loss or damage, the value of prop - to its condition immediately before loss or erty will be determined as of the time of loss or damage; or damage. 3. The cost of replacing that property with sub- stantially identical property. CM00010904 Copyright, ISO Properties, Inc., 2003 Page 3 of 3 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation D. 1. Thefirst Named Insured shown in the Declara- tions may cancel this policy by mai ling or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. B. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended orwaived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time dur- ing the policy period and up to three years afterward. J IL00171198 E. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety ofworkersorthe public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or s i milar orga n ization which makes in- surance inspections, surveys, reports or rec- ommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reportsorrecommen- dations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. Premiums The first Named Insured shown in the Declarations: 1. Is responsibleforthe payment of all premiums; and 2. Will be the payee for any return premiums we pay. Page 1 of 2 Copyright. insurance Services Office, Inc , 1998