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R-2017-149 Air Terminal Snow Removal Equipment Agreement with M-B Companies, Inc. 3-53-0089-039
A RESOLUTION RESOLUTION NO. R-2017-149 authorizing the execution of an agreement with M -B Companies, Inc to provide required Snow Removal Equipment for the Yakima Air Terminal - McAllister Field WHEREAS, the City owns and operates Yakima Air Terminal -McAllister Field in accordance with applicable Federal, State and Local regulations; and WHEREAS, in 2016, the Federal Aviation Administration (FAA) adopted new safety standards applicable to winter weather operations (Takeoff and Landing Performance Assessment) to increase safety measures for commercial, corporate, and General Aviation aircraft that operate during snow and ice conditions, and WHEREAS the Yakima Air Terminal -McAllister Field, in conjunction with the FAA, have identified additional Snow Removal Equipment, identified in the airport's Snow and Ice Control Plan, to meet the new safety standards, and WHEREAS, the Yakima Air Terminal -McAllister Field advertised the need for the additional snow removal equipment under a competitive bidding process and received three bids that were thoroughly evaluated, the airport has identified a lowest responsive and responsible bidder and has provided a letter of recommendation to the FAA to award the bid; and WHEREAS, upon receiving FAA approval to award the bid to the lowest responsive and responsible bidder, the City of Yakima is now ready to enter into the contract with M -B Companies, Inc. that is attached hereto and incorporated herein by this reference to assemble and provide the specialized Snow Removal Equipment the Air Terminal requires, and WHEREAS, the City Council has determined that approval of said agreement will promote the purposes of the Yakima Air Terminal -McAllister Field, will promote increased aviation safety as well as provide for the general health, safety and welfare of the citizens and is therefore in the best interests of residents of the City of Yakima, Now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute and administer the attached and incorporated agreement with M -B Companies, Inc , in an amount of six hundred and thirty-six thousand, four hundred six dollars and forty cents ($636,406 40) to assemble and provide the required Snow Removal Equipment for the Yakima Air Terminal -McAllister Field ADOPTED BY THE CITY COUNCIL this 5th day of December, 2017. ATTEST Sonya ,Claar Tee, City Clerk 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF YAKIMA YAKIMA AIR TERMINAL SNOW REMOVAL EQUIPMENT - SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT A.I.P. NO. 3-53-0089-39 HLA PROJECT NO. 17035 .40 Engineering and Land Surveying, Inc. "ORIGINAL - CITY OF YAKIMA" June 2017 ADDENDUM NO. 1 To the Contract Provisions for CITY OF YAKIMA, WASHINGTON Snow Removal Equipment — Snow Blower and Carrier Vehicle Procurement HLA Project No 17035 BID OPENING: **JULY 20, 2017** 2:00 P.M. To the attention of all bidders for the above project: The following additions, revisions, and/or modifications are made to the Contract Documents, Plans, and Specifications for this project: ITEM 1 — BID OPENING DATE Sealed proposals for Snow Removal Equipment — Snow Blower and Carrier Vehicle Procurement will be received by the City Clerk at Yakima City Hall, 129 N Second Street, Yakima, Washington, 98901 until 2 00 p m local time on July 20, 2017, at which time the bids will be publicly opened and read Bids shall be addressed to the City Clerk at Yakima City Hall ITEM 2 — SECTION 2 — INFORMATION FOR BIDDERS — 17. INSURANCE, PAGE 2-7 The following information is to clarify Item 17 Insurance The Manufacturer is required to have insurance at the time of equipment delivery The following insurance limits are acceptable $1,000,000 Each occurrence (Bodily Injury and Property Damage) $1,000,000 Products/Completed Operations Aggregate $5,000,000 General Aggregate $1,000,000 Personal and Advertising Injury All insurance policies and Certificates of Insurance shall include a requirement providing for a minimum 30 -day prior written notice to the Contracting Agency or any cancellation or reduction of coverage ITEM 3 — SECTION 8 — TECHNICAL SPECIFICATIONS, SECTION 2 -- REFERENCE STANDARDS, PART 4 — TECHNICAL REQUIREMENTS, PAGE 8-18 The following information is to clarify Item 4.4 Minimum Performance Requirements Anticipated uses and/or features of rotary plow. Snow removal operations. Capacity (tons/hour). 5,000 tons per hour (FAA Class 6) Casting Distance 100 feet at snow weight identified by FAA Advisory Circular 150/5220- 20A. Required Speed of Operation 25 MPH per FAA Advisory Circular 150/5220-20A. Turning Radius Per manufacturer's standard and no greater than 60 -feet. Unique Problems None G:\PROJECTS\2017\17035E\Addendum 1\2017-07-14 - SRE Snow Blower Procurement Addendum 1.docx ADDENDUM NO. 1 ITEM 4 — SECTION 8 — TECHNICAL SPECIFICATIONS, SECTION 2 — REFERENCE STANDARDS, PART 4 — TECHNICAL REQUIREMENTS, PAGE 8-18 Delete item 4 5 in its entirety ITEM 5 — SECTION 8 — TECHNICAL SPECIFICATIONS, SECTION 2 — REFERENCE STANDARDS, PART 4 — TECHNICAL REQUIREMENTS, PAGE 8-24 Revise the last sentence of Item 4 11 Steering Mechanism to read The equipment shall be all -wheel steer per manufacturer's standard design ITEM 6 — SECTION 8 — TECHNICAL SPECIFICATIONS, SECTION 2 — REFERENCE STANDARDS, PART 4 — TECHNICAL REQUIREMENTS, PAGE 8-25 Revise the first sentence of Item 4 14 3 Fluid Tank to read The hydraulic fluid tank shall have a filler neck consisting of a strainer, drain plug, shutoff valve (if required by design), air vent, and baffles. ITEM 7 — SECTION 8 — TECHNICAL SPECIFICATIONS, SECTION 2 — REFERENCE STANDARDS, PART 4 — TECHNICAL REQUIREMENTS, PAGE 8-27 Add the following sentence to the end of Item 4 17 2 Communications Equipment Space to read The Airport shall install the radios. ITEM 8 — SECTION 8 — TECHNICAL SPECIFICATIONS, SECTION 2 — REFERENCE STANDARDS, PART 4 — TECHNICAL REQUIREMENTS, PAGE 8-28 Add the following sentence to the end of Item 4 17 7 Heater to read The equipment shall have the capability of defrosting the windshield through hot or cold air through the standard HVAC system, if per standard manufacturer's design, this shall include an AC unit. This ADDENDUM is to be considered as much a part of the contract provisions as ifit were included in the body of the Plans and Specifications All Bidders shall acknowledge receipt of the ADDENDUM on the proposal form prior to bid opening Steph ie J Ray, P HLA Engineering a d an Surveying, Inc. 2803 River Road Yakima, WA 98902 Phone (509) 966-7000 7 -I4 -i- ►� Date G:\PROJECTS\2017\17035E\Addendum 1\2017-07-14 - SRE Snow Blower Procurement Addendum 1.docx ADDENDUM NO. 1 CITY OF YAKIMA YAKIMA AIR TERMINAL CONTRACT DOCUMENTS FOR SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT A.I.P. NO. 3-53-0089-39 HLA PROJECT NO. 17035 OWNER: ENGINEER: Yakima Air Terminal 2406 West Washington Avenue, Suite B Yakima, WA 98903 HLA Engineering and Land Surveying, Inc. (HLA) 2803 River Road Yakima, WA 98902 June 2017 CITY OF YAKIMA YAKIMA AIR TERMINAL YAKIMA COUNTY, WASHINGTON CONTRACT DOCUMENTS FOR SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT A.I.P. NO 3-53-0089-39 HLA PROJECT NO 17035 TABLE OF CONTENTS PAGE NO. SECTION 1 - INVITATION TO BID .. 1-1 INVITATION TO BID ... ..1-2 SECTION 2 - INFORMATION FOR BIDDERS2-1 INFORMATION FOR BIDDERS 2-2 SECTION 3 - BID PACKAGE.. . .3-1 BIDDER'S CHECKLIST . ...3.2 BIDDER'S DECLARATION ..... 3.7 UNIT PRICE BID PROPOSAL . ..3-9 BID PROPOSAL SIGNATURE PAGE . .. ... ..3-10 BID DEPOSIT . .... . . 3-11 BID BOND.. . .. 3-11 DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION .3-12 LETTER OF INTENT .. 3-13 SURETY ... . . ... ...3-14 BIDDERS LIST . . . ... . 3-15 SUBCONTRACTOR LIST ... ... . ... .3-16 CATEGORIES OF WORK BY PRIME CONTRACTOR. .... ... 3-17 NON -COLLUSION AFFIDAVIT 3-18 CITY OF YAKIMA COMPLIANCE WITH IMMIGRATION AND NATURALIZATION ACT ..... ....3-19 BUY AMERICA CERTIFICATION .. . . ... .. .... .. .. . .. .. ... ....... .. ... 3-20 CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR MANUFACTURED PRODUCTS .... 3-20 BUY AMERICA WAIVER REQUEST . . . .... . .... ..... . ... .. .. .. .... ... ..3-22 BUY AMERICA WAIVER REQUEST - COMPONENT COST TABLE (TYPE 3 WAIVER) . . . 3-23 BUY AMERICA CONFORMANCE LISTING . .. ...3-24 BUY AMERICAN CONTENT PERCENTAGE CALCULATION WORKSHEET .. ..3-25 BUY AMERICAN PREFERENCES - FINAL ASSEMBLY QUESTIONNAIRE ... 3-26 BUY AMERICAN SUPPORTING DOCUMENTATION .. .. . 3-27 SECTION 4 - CONTRACT AND RELATED MATERIALS . .4-1 CONTRACT ..... 4-2 PERFORMANCE BOND .. .. 4-4 PAYMENT BOND .... ...... 4-6 SECTION 5 - LABOR STANDARDS AND WAGE RATE CONDITIONS (NOT USED) . 5-1 SECTION 6 - FAA GENERAL PROVISIONS 6-1 FAA GENERAL PROVISIONS . .. ..... _ ...6-2 SECTION 10 - DEFINITION OF TERMS . . . ...6-3 SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS . 6-8 SECTION 30 - AWARD AND EXECUTION OF CONTRACT ... . 6-11 SECTION 40 - SCOPE OF WORK 6-15 SECTION 50 - CONTROL OF WORK .... ... . .... ..... ..... 6-21 SECTION 60 - CONTROL OF MATERIALS .. .. . ... . .. .. ..6-31 SECTION 70 - LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC .. . 6-34 SECTION 80 - EXECUTION AND PROGRESS . 6-43 SECTION 90 - MEASUREMENT AND PAYMENT .. 6-50 SECTION 100 - CONTRACTOR QUALITY CONTROL PROGRAM .. .... 6-56 SECTION 105 - MOBILIZATION ..... 6-62 SECTION 110 - METHOD OF ESTIMATING PERCENTAGE OF MATERIAL WITHIN SPECIFICATION LIMITS (PWL) 6-63 SECTION 7 - FEDERAL CONTRACT CLAUSES .. . . ........ ... . 7-1 ACCESS TO RECORDS AND REPORTS.. . ... .7-2 BREACH OF CONTRACT TERMS . .... .. . . ........... . ............... . ...7-2 BUY AMERICAN PREFERENCE .............. .... . ... 7-2 GENERAL CIVIL RIGHTS PROVISIONS ......... .. . .......... . 7-2 COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS. . . ......... . . ... . . 7-2 TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES ................7-3 CLEAN AIR AND WATER POLLUTION CONTROL . ... ....... .7-4 CERTIFICATION OF OFFERER/BIDDER REGARDING DEBARMENT 7-4 CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT . . ........... 7-5 DISADVANTAGED BUSINESS ENTERPRISES .7-5 RACE/GENDER NEUTRAL LANGUAGE . .. .7-5 TEXTING WHEN DRIVING . 7-5 ENERGY CONSERVATION REQUIREMENTS . .. . .. ........ . ... 7-6 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) .... ... .7-6 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES . . 7-6 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 7-6 PROCUREMENT OF RECOVERED MATERIALS ... . . 7-7 TERMINATION OF CONTRACT. . .......... ......... . 7-7 TERMINATION FOR DEFAULT 7-8 TRADE RESTRICTION CERTIFICATION . ....7-9 VETERAN'S PREFERENCE .......... .. . . . 7-10 SECTION 8 - TECHNICAL SPECIFICATIONS . . . .8-1 SECTION 1 - SUBMITTALS, SHOP DRAWINGS AND SAMPLES..... ......... 8-2 SECTION 2 - REFERENCE STANDARDS 8-7 SECTION 3 - ROTARY PLOW (BLOWER) AND CARRIER VEHICLE 8-9 SECTION 1 - INVITATION TO BID G:\PROJECTS\2017\17035E\SPEC117035 SPEC.Docx 1-1 INVITATION TO BID Sealed proposals for the SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT, A.I P NO. 3-53- 0089-39, HLA Project No 17035 will be received by the City Clerk at Yakima City Hall, 129 North Second Street, Yakima, Washington 98901 until 2.00 p.m. local time on July 19, 2017, at which time the bids will be publicly opened and read. Bids shall be addressed to the City Clerk at Yakima City Hall The work includes the following approximate major items' Procurement of one (1): Rotary Plow and Carrier Vehicle shall consist of a four-wheel drive, rated for a minimum 50,000 -pound gross vehicle weight (GVW) with rear -mounted diesel drive engine and high -mounted forward cab. The vehicle shall have a snow removal capacity of 5,000 tons per hour and shall meet all SAE ARP5539 specification requirements and be consistent with Federal Aviation Administration recommendations. This contract time for all schedules of work will be limited to 300 calendar days with liquidated damages of $500 00 per calendar day should the Contractor fail to complete the work within the time allowed. Sunday and legal holidays shall be excluded in determining days in default. The Contract Documents may be examined at the following locations Airport Manager's Office, Yakima, Washington HLA Engineering and Land Surveying, Inc. (HLA), Yakima, Washington Electronic copies of the CONTRACT DOCUMENTS may be obtained at no cost at the following website https.//www.hlacivil.com/bid/ Copies of the Contract Documents may be obtained at the office of HLA Engineering and Land Surveying, Inc. (HLA), 2803 River Road, Yakima, Washington 98902, (509-966- 7000) upon payment of $50.00 for each set, non-refundable Planholder list and addenda will be available on the website. Bidders are encouraged to'register as planholders on the website, whom will be added to the Planholder list and will receive automatic addenda notification The proposed CONTRACT is under and subject to Executive Order 11246 of September 24, 1965, and to the Equal Employment Opportunity (EEO) and Federal Labor Provisions. Each Bidder must supply all the information required by the Bid Documents and Specifications. Each Proposal must be submitted on the prescribed form and accompanied by a certified check or Bid Bond on the form bound within the Contract Documents or one similar, payable to the City of Yakima, in an amount not less than five percent (5%) of the amount bid The successful Bidder will be required to furnish a Performance and Payment Bond, each in the full amount of the CONTRACT price The OWNER reserves the right to waive any informality or to reject any or all proposals, or portions thereof, not conforming to the intent and purpose of the Contract Documents. No Bidder may withdraw his proposal within ninety (90) days after the actual date of the opening thereof. A contractor or subcontractor having 50 or more employees and who may be awarded a CONTRACT of $50,000.00 or more will be required to maintain an affirmative action program, the standards for which are contained in the FAA Special Provisions. To be eligible for Award, each Bidder must comply with the affirmative action requirements which are contained in the FAA Special Provisions. The City of Yakima, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S C 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all Bidders that it shall affirmatively insure that in any CONTRACT entered into pursuant to this advertisement, disadvantaged business enterprises shall G.\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 1-2 be afforded full opportunity to submit bids in response to this invitation and shall not be discriminated against on the grounds of race, color or national origin in consideration for an Award Attention is called to the fact that not less than the minimum salaries and wages as set forth in the CONTRACT Documents must be paid on this project, and that the Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, or national origin The City of Yakima reserves the right to reject any and all bids and to waive technicalities or irregularities, and after careful consideration of all bids and factors involved, make the Award to best serve the interests of the City of Yakima Sonya Claar Tee City Clerk Publish June 21, 2017 June 28, 2017 G \PROJECTS12017\17035E\SPEC\17035 SPEC.Docx 1-3 SECTION 2 - INFORMATION FOR BIDDERS G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 2-1 INFORMATION FOR BIDDERS YAKIMA AIR TERMINAL SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT A.I P. PROJECT NO. 3-53-0089-39 HLA PROJECT NO. 17035 1. PREPARATION OF BID In addition to the requirements of Section 20 of the FAA General Provisions, Section 6 the following shall apply: A. All bids must be submitted on the prescribed forms A complete set of bid forms is included in these specifications. These are for the convenience of the Bidder and are not to be detached Separate copies of bid forms are available upon request. Erasures or other changes in the bids must be explained or noted over the signature of the Bidder 1. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature, and the official address of the partnership must be shown below the signature. 2 All names must be typed or printed below the signature. 3. The bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be filled in on the bid form) 4 The address and telephone number for communications regarding the bid must be shown in the space provided B. Each Bidder shall submit within 10 days after his bid, a completed "Bidders List Information" which identifies all firms that bid on prime contractors or bid or quote subcontracts on DOT -assisted projects, including DBE and non -DBE firms C Each Bidder shall submit within 10 days after his bid, two (2) copies of complete documentation and illustrative descriptions, to include certifications, brochures, catalogue cut sheets and technical data to demonstrate the equipment will meet the requirements of the technical specifications The documentation to be submitted with the bid shall be for current production components and equipment and shall be dated no more than one (1) year prior to the bid opening For the Contractor's convenience, a "Bidder's Submittal Checklist" is enclosed in Section 3 1. The documentation and illustrative descriptions to be submitted with the bid are identified in the technical specifications and are identified on the "Bidder's Submittal Checklist." 2 Brochures, catalogue cut sheets and technical data submitted with the bid shall not be considered as notices of exception to the technical specifications. D. Test results indicating that the snow blower with carrier vehicle meets the performance requirements specified shall be submitted within ten (10) days after his bid. Testing shall be conducted as described in FAA Advisory Circular 150/5220-20A, Airport Snow and Ice Control Equipment, dated 9/24/14 and in accordance with the procedures and requirements of the technical specifications. Equipment tests shall be conducted on standard production models and not on specially constructed prototypes The performance information shall be from testing conducted no more than five years prior to the bid opening Actual testing results must be submitted within 10 days after the Bid opening Blanketed certification statements will not be accepted. E Each Bidder shall submit within 10 days after the bid opening, a proposed policy for parts and service availability G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 2-2 F. Documentation submitted previously will not be considered or reviewed as part of the current bid evaluation. G The proposal form invites bids on definite plans and specifications Only the amounts and information asked for in the proposal form furnished will be considered as the bid. Each Bidder shall bid on the work exactly as specified and as provided in the proposal form H Quantities and Unit Prices: The quantities shown in the Bid Proposal are approximate for comparing bids, and no claim shall be made against the OWNER for excess or deficiency therein. All labor, equipment, and materials required for the manufacturing and installation of this project shall be incorporated into the bid items as provided in the Bid Proposal. Payment for general construction items that are not listed in the Bid Proposal, but are shown or required by the Contract Documents, are indicative of the fact that the items of work not listed are considered as incidental to the bid items listed in the Bid Proposal Unless the work to be performed is specifically called out in the Bid Proposal, measurement and payment for such work shall be included in other applicable items of the Bid Proposal 2. COPIES OF BIDDING DOCUMENTS A. Complete sets of Contract Documents shall be used in preparing bids, neither the OWNER or Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. It is the Bidder's responsibility to assure that he possesses complete sets of the Contract Documents 3. QUALIFICATION OF BIDDER The OWNER reserves the right to take whatever action it deems necessary to ascertain the ability of the Bidder to perform the work satisfactorily in accordance with the FAA General Provisions Only contractor's registered in accordance with the Contractor's Registration Act, RCW 18.27 and qualified to do business in the State of Washington, may bid on this project. The Contractor shall include his license•number in the Bid Proposal 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE A. It is the responsibility of each Bidder, before submitting a bid, to (a) familiarize himself with and consider Federal, State and Local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the work; and (b) study and carefully correlate Bidder's observations with Contract Documents, (c) to promptly notify the Engineer of all conflicts, errors, ambiguities, or discrepancies which the Bidder has discovered in or between the Contract Documents and such other related documents. B The submission of a bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement without exception that the bid will perform the Services required by the Contract Documents, that the Bidder has given the Engineer written notice of all conflicts, errors, ambiguities and discrepancies that the Bidder has discovered in the Contract Documents and the written resolutions thereof by the Engineer is acceptable to the Bidder, and that the Contract Documents are sufficient in scope and detail and that the time allocated for the preparation of the bid was adequate to indicate and convey understanding of all terms and conditions 5. INTERPRETATIONS No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents. Neither the OWNER nor the Engineer will be responsible for oral interpretations Every request for such an interpretation shall be made in writing to the Engineer, HLA Engineering and Land Surveying, Inc. (HLA), 2803 River Road, Yakima, Washington 98902. Any inquiry received seven (7) or more days prior to the date fixed for opening of bids will be given consideration. Every interpretation made to a Bidder will be in the form of an addendum to the specifications which, if issued, will be on file in the office of the OWNER and the office of the Engineer at least three business days before the bids are opened. In addition, addenda will be mailed to each Bidder, but it shall be the Bidder's responsibility to make inquiry as to addenda issued G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 2-3 All such addenda shall become part of the CONTRACT and all Bidders shall be bound by such addenda, whether or not received by the Bidders. Any objection not perfected within the time limitations shall be deemed to constitute a waiver of any rights to raise such objection or appeal after 6. TELEGRAPHIC MODIFICATION Any Bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, providing such telegraphic communication is received by the OWNER prior to the closing time, and provided further, the OWNER is satisfied that a written confirmation of the telegraphic modification over the signature of the Bidder was mailed prior to the closing time. If written confirmation is not received within two days from the closing time, no consideration will be given to the telegraphic modification. Telegraphic modifications shall be addressed to Mr Robert Peterson, Airport Director, Yakima Air Terminal, at (509) 575-6149. 7. BID SECURITY A. Each bid must be accompanied by Bid Security made payable to the OWNER, in an amount of 5 percent of the Bidder's maximum bid price and in the form of a certified or bank check or a Bid Bond made payable to Yakima Air Terminal (on form attached, if a form is prescribed) issued by a Surety B. The Bid Security of the Successful Bidder will be retained until such Bidder has executed the CONTRACT and furnished the required Contract Security and met the other conditions of the Award, whereupon it will be returned. If the Successful Bidder fails to execute and deliver the CONTRACT and furnish the required Contract Security within 30 days after the Notice of Award, the OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited to the Yakima Air Terminal. C The Bid Security of other Bidders whom the OWNER believes to have a reasonable chance of receiving the Award may be retained by the OWNER until the earlier of the 15th day after the "effective date of the CONTRACT" (which term is defined in the FAA General Conditions) and the required Contract Security is furnished or the 91st day after the bid opening Bid Security of other Bidders that are not competitive will be returned within seven (7) days of the bid opening 8. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT Should the successful Bidder fail or refuse to execute and deliver the CONTRACT, insurance certificates, and bonds required within ten (10) days after he has received notice of the acceptance of his bid, he shall forfeit to the OWNER as liquidated damages for such failure, or refusal, the security deposited with his bid 9. LAWS AND REGULATIONS The Bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the project shall apply to the CONTRACT throughout and they will be deemed to be included in the CONTRACT the same as though herein written out in full 10. SALES TAX Bidders shall include in their proposals Washington state local sales tax of 8.2 percent on all work items. Proof of payment to the State of Washington is required upon equipment delivery 11. MODIFICATION AND WITHDRAWAL OF BIDS Refer to Section 20-12 of the FAA General Provisions, Section 6 Any bid received may not be withdrawn after the time set in the Invitation to Bid. G:\PROJECTS\2017\17035E\SPEC117035 SPEC.Docx 2-4 12. OPENING OF BIDS Refer to Section 20-13 of the FAA General Provisions, Section 6. A tabulation of the amounts of the bids and bid items will be available from the Engineer after the opening of bids 13. AWARD OF CONTRACTS, REJECTION OF BIDS A. No Bidder may withdraw his bid after the hour set for the opening thereof or before the Award of CONTRACT unless the Award is delayed for a period exceeding ninety (90) days B. Discrepancies between the multiplication of units and unit prices will be resolved in favor of unit prices Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. C In determining the lowest responsible Bidder, the following elements in addition to those above- mentioned will be considered. whether the business involved 1) maintains a permanent place of business; 2) has adequate equipment available to do the work properly and expeditiously; 3) has suitable financial resources to meet the obligations incidental to the work; and 4) has appropriate technical experience. D. The bid schedule shall be independent and stand on its own and include all applicable costs to perform the work within the schedule to include all overhead, profit, administrative, insurance, and bonding costs E. If individual or multiple contracts are to be awarded, the OWNER will give the Successful Bidder(s) a Notice of Award within 90 days after the date of the bid opening 1. Receipt and execution of the FAA grant may take place later than 90 days following the bid opening. Should this occur it will not invalidate the Award of the CONTRACT which may have been previously executed 2 OWNER may issue a Notice of Award with additional conditions identified as appropriate Conditions shall be clearly stated on the Notice of Award Conditions may include the deletion of item(s) of a Schedule or an entire Schedule 3. If the OWNER deems it is in its best interest, it may, on refusal or failure of the Successful Bidder to execute the CONTRACT, award it to the second lowest responsive Bidder. If the second lower responsive Bidder fails or refuses to execute the CONTRACT, the OWNER may likewise award it to the next lowest responsive Bidder F On the failure or refusal of the second or next lowest responsive Bidder to execute a CONTRACT, their Bid Security shall be likewise forfeited. G. The OWNER may determine it is in its best interest to cancel the award process and rebid the project and retain any forfeited Bid Security. H The OWNER's administrative costs may be used as a factor in the evaluation of bids and determination of Award. 14. PERFORMANCE AND PAYMENT BOND, EXECUTION OF CONTRACT A. On each such bond, the rate of premium shall be slated together with the total amount of the premium charged The current power of attorney of the person who signs for any surety company shall be attached to such bond. G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 2-5 15. REQUIREMENTS FOR BIDS FOR A.I.P. CONTRACTS A. Required Notice for All Contracts 1 The Bidder must supply all the information required by the proposal forms and specifications. NOTE The penalty for making false statements in offers is prescribed in 18 U S C. 1001 2 When a determination has been made to award a contract or subcontract to a specific Contractor, such Contractor is required, prior to the Award or after the Award, or both, to furnish such other information as the FAA, the Sponsor, or the Director of OFCC requests 3 Equal Employment Opportunity (EEO) and labor provisions, when applicable, are included in the bidding documents and are available for inspection at the airport office. B Required Notice for Contractors with 25 or More Employees 1 A Contractor having 25 or more employees and first tier subcontractors having 50 or more employees and who may be awarded a subcontract of $50,000 or more will, within 120 days from contract commencement, be required to develop a written affirmative action compliance program for each of its establishments (state and local governments are exempt) 2. Within 30 days after Award of this CONTRACT, the Contractor shall file a compliance report (SF 100), if the Contractor has not submitted a complete compliance report within 12 months preceding the date of Award 3 State and local governments are exempt from the requirements of filing the annual compliance report (SF 100) 4. The Contractor shall require the subcontractor on any first-tier subcontracts, irrespective of dollar amount to file an SF 100 within 30 days after Award of the subcontract if the above three conditions apply An SF 100 will be furnished upon request. The SF 100 is normally furnished to Contractors annually, based on a mailing list currently maintained by the Joint Reporting Committee. In the event a Contractor has not received the form, he may obtain it by writing to the following address - Joint Reporting Committee 1800 G Street Washington, D.0 20506 C Required Notice for Contracts in Excess of $100,000 1 Each Bidder must submit with his bid a bid guarantee equivalent to 5% of the bid price The bid guarantee shall be in the form of a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the Bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified 16. SUBCONTRACTORS A. The Bidders are required to list the name and address of its major subcontractors proposed to be employed B. Prior to any subcontractor, regardless of tier, performing work on the project, the following information shall be submitted for each by the Contractor. 1 Contractor's Registration Number in accordance with the Contractor's Registration Act, RCW 18.27; 2 Contractor's UBI Number; G:\PROJECTS12017\17035E\SPEC\17035 SPEC.Docx 2-6 3. Contractor's Washington State Department Revenue Tax Identification Number; 4. Contractor's Washington State Department of Labor and Industries Number; C In addition, the Contractor shall verify that the subcontractor is currently not on the Federal Suspension and Debarment list. 17. INSURANCE REQUIREMENTS A. The Contractor shall obtain and keep in force the following policies of insurance. The policies shall be with companies or through sources approved by the State Insurance Commissioner pursuant to Chapter 48 05, RCW Unless otherwise indicated below, the policies shall be kept in force from the execution date of the CONTRACT until the date of acceptance by the OWNER. 1. Owner and Contractors Protective Insurance providing bodily injury and property damage liability coverage with limits of $3,000,000 per occurrence and is the aggregate for each policy period, written on Insurance Services Office (ISO) from C00009 together with Washington State Department of Transportation Amendatory Endorsements N. CG 29 08, specifying the following as named insureds. • The Contracting Agency and its officers, elected officials, employees, agents, and volunteers, • City of Yakima, its employees, agents, elected and appointed officials; • HLA Engineering and Land Surveying, Inc (HLA) The above -listed entities shall be additional insured(s) for the full available limits of lability maintained by the Contractor, whether primary, excess, contingent or otherwise, irrespective of whether such limits maintained by the Contractor are greater than those required by this CONTRACT, and irrespective of whether the Certificate of Insurance provided by the Contractor describes limits lower than those maintained by the Contractor The Contractor may choose to terminate this insurance after the date of substantial completion as determined by the Engineer or, should substantial completion not be achieved, after the date of physical completion as determined by the Engineer In the event the Contractor elects to terminate this coverage, prior to acceptance of the CONTRACT, the Contractor shall first obtain an endorsement of the Commercial General Liability Insurance described below that established the Contracting Agency on that policy as an additional insured. 2 Commercial General Liability Insurance written ISO Form C00001, or its equivalent, with minimum limits of $3,000,000 per occurrence, and in the aggregate for each policy period. This protection may be a CGL policy or any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000. Products and completed operations coverage shall be provided for a period of one (1) year following final acceptance of the work. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non -owned vehicles assigned to or used in the performance of the work with a combined single limit of not less than $1,000,000 each occurrence with the OWNER named as an additional insured in connection with the Contractor's Performance of the CONTRACT. 3. The OWNER's and Contractor's Protective Insurance policy shall not be subject to a deductible or contain provisions for a deductible The Commercial General Liability policy and the Commercial Automobile Liability Insurance policy may, at the discretion of the Contractor, contain such provisions If a deductible applies to any claim under these policies, then payment of that deductible will be the responsibility of the Contractor, notwithstanding any claim of liability against the Contracting Agency However, in no event shall any provision for a deductible provide for a deductible in excess of $50,000. G \PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 2-7 Prior to CONTRACT execution, the Contractor shall file with the OWNER, ACORD Form Certificates of Insurance evidencing the minimum insurance coverages required under these specifications. All insurance policies and Certificates of Insurance shall include a requirement providing for a minimum 30 -day prior written notice to the Contracting Agency of any cancellation or reduction of coverage All insurance coverage required by this section shall be written and provided by "occurrence -based" policy forms rather than by "claims made" forms. The Certificate shall not contain the following or similar wording regarding cancellation notification. "Failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives " Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of CONTRACT upon which the Contracting Agency may, after giving five (5) working day notice to the Contractor to correct the breach, immediately terminate the CONTRACT or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Contracting Agency on demand, or at the sole discretion of the Contracting Agency, offset against funds due the Contractor from the Contracting Agency. All costs for insurance, including any payments of deductible amounts, shall be considered incidental to and included in the unit contract prices and no additional payment will be made The Contractor shall be responsible for all acts and omissions of his subcontractors 18. BID SCHEDULE Yakima Air Terminal, A.I.P 3-53-0089-39, SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT The Contractor's Bid Proposal shall include his bid to complete all work identified in the Contract Documents The Bid Schedule of Items and Prices includes Snow Blower and Carrier Vehicle Procurement. 19. SPECIAL LEGAL REQUIREMENTS One Bid Schedule is included in the bid titled as follows: A. The Bidder/Offeror certifies, by submission of this proposal or acceptance of this CONTRACT, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Bidder/Offeror/Contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal B. The OWNER requires documentation of certification or documentation for Good Faith Effort, in accordance with the requirements and procedures of 49 CFR 26, of DBE's proposed for participation in the project at the time of bid submittal Pre -certification is therefore a requirement of firms wishing to participate as DBEs in this FAA -assisted CONTRACT. C Nothing in this restriction is to be construed to prohibit or discourage the Contractor from increasing the number or amount of DBE subcontractors participating on the CONTRACT G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 2-8 D Do not count work performed by DBE firms on ineligible (no FAA funding participation) contract items toward DBE participation on FAA eligible portions of the project. Project work items and/or schedules that are not eligible for AIP participation (FAA grant funding participation) are not subject to DBE requirements and/or goals Amounts expended for DBE subcontracts on project work items and/or schedules that are not eligible for AIP participation will not count toward DBE participation. DBE subcontract amounts will count toward DBE participation only if performed on project work items and/or schedules that are identified as eligible under the AIP grant. 20. BUY AMERICAN -STEEL AND MANUFACTURED PRODUCTS (JANUARY 1991) Refer to Federal Contract Clauses — Section 7 "By submission or bid, Contractor certifies compliance with Federal Clause Requirements." 21. TRADE RESTRICTION CLAUSE Refer to Federal Contract Clauses — Section 7 "By submission or bid, Contractor certifies compliance with Federal Clause Requirements." 22. COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS The Yakima Air Terminal, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S C §§ 2000d to 2000d-4) and the Regulations, hereby notifies all Bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 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 (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this CONTRACT. 2 Non-discrimination: The Contractor, with regard to the work performed by it during the CONTRACT, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the CONTRACT covers any activity, project, or program set forth in Appendix B of 49 CFR part 21 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this CONTRACT and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 2-9 5 Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the Non- discrimination provisions of this CONTRACT, the OWNER will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to. a. Withholding payments to the Contractor under the contract until the Contractor complies, and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one (1) through six (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the OWNER or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the OWNER to enter into any litigation to protect the interests of the OWNER. In addition, the Contractor may request the United States to enter into the to protect the interests of the United States. 23. CIVIL RIGHTS — TITLE IV ASSURANCES Refer to Federal Contract Clauses — Section 7 "By submission or bid, Contractor certifies compliance with Federal Clause Requirements " 24. BID PROTESTS A. Role of the Sponsor (OWNER) Under Title 49 CFR, Part 18.36, the OWNER will develop protest procedures to handle and resolve disputes relating to their procurements and shall, in all instances, disclose information regarding the protest to FAA. The OWNER is responsible for all procurement actions to be accomplished in accordance with its established procedures including the handling of complaints and protests. B Role of FAA. FAA's role is limited to a review of the protest for violations of Federal law or regulations and violations of the OWNER's protest procedures if the Bidder subsequently appeals for FAA. A protestor must exhaust all administrative remedies with the OWNER before pursuing an appeal with FAA. C Defects in Bid Solicitation 1 If a prospective Bidder formally protests the procurement on the grounds that the bid solicitation is defective, it is the responsibility of the Bidder to notify the OWNER in writing, to be received at least three (3) business days before the date and time upon which bids are scheduled to be opened, about what aspects of the solicitation the Bidder is protesting The bid opening may be delayed, if necessary, until the protest is satisfied (including rejection) or to allow time for the OWNER to issue an addendum, as appropriate. 2. If a protest of this nature is made after bid opening, the OWNER may reject the protest without action D. Improper Evaluation of Bids. Protests pertaining to an improperly disqualified Bidder or the OWNER's failure to disqualify the apparent low Bidder for a defective bid shall be submitted to the OWNER in writing within seven (7) calendar days of the date of transmittal of the notice of disqualification, setting forth in such response the express reason or reasons that the award decision is in error Thereafter, staying performance of any procurement until after addressing the contentions raised by the objecting Bidder, the OWNER shall review its decision and determine whether to affirm its prior award, modify the award, or choose to re -bid, setting forth its reason or reasons therefor After completion of the review process, the political subdivision may proceed as it deems to be in the public interest. G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 2-10 25. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION Refer to Federal Contract Clauses — Section 7 "By submission or bid, Contractor certifies compliance with Federal Clause Requirements " END OF SECTION 2 G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 2-11 SECTION 3 - BID PACKAGE G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 3-1 BIDDER'S CHECKLIST This checklist has been prepared and furnished to aid Bidders in including all necessary supporting information with their bid All forms listed below must be fully executed and submitted with the Bid 1 BIDDER'S DECLARATION 2 UNIT PRICE BID PROPOSAL 3 BID PROPOSAL SIGNATURE PAGE 4 BID DEPOSIT or ID BOND Checked BID DEPOSIT — Sign the Bid Deposit in the space provided if the bid is accompanied by a certified check or cashier's check in the amount of not less than 5% of the total amount bid. Yes OR BID BOND — This form is to be executed by the Bidder and Surety Company The amount of this bond shall be not less than 5% of the total amount bid and may be shown in dollars or on a percentage basis Provide Power of Attorney for Surety's agent. c� 5 DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION 6 LETTER OF INTENT Y -2S 7. SURETY �25 8 BIDDER'S LIST `1) -a -S 9 SUBCONTRACTOR LIST 10 CATEGORIES OF WORK BY PRIME CONTRACTOR +-e-S 11 NON -COLLUSION AFFIDAVIT - Must be subscribed and sworn to before a Notary Public. `1)-2,5 12. CITY OF YAKIMA COMPLIANCE WITH IMMIGRATION AND NATURALIZATION ACT i*7-S 13. BUY AMERICA CERTIFICATION S *14 BUY AMERICA WAIVER REQUEST i'23 *15. BUY AMERICA WAIVER REQUEST COMPONENT COST TABLE (TYPE 3 WAIVER) 1'2,5 *16 BUY AMERICA CONFORMANCE LISTING 2S *17. BUY AMERICAN CONTENT PERCENTAGE CALCULATION WORKSHEET *18 BUY AMERICA PREFERENCES — FINAL ASSEMBLY QUESTIONNAIRE *19 BUY AMERICAN SUPPORTING DOCUMENTATION �< This Bidder's Checklist and the Bidder's Submittal Checklist will be used to evaluate the received bids. All items shown on the Bidder's Submittal Checklist are due within ten (10) calendar days after the bid opening unless noted otherwise within the Bidder's Checklist. Items identified with an "*" include documentation required to document compliance with Buy America for a Type III Waiver. Per certification requirements, these items are due within 15 calendar days of the bid opening G\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 3-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Jerk -C: J C' Ai D' - u U4 fi dd 4-1- tial LN Rrii ta,-60 YAKIMA AIR TERMINAL SNOW REMOVAL EQUIPMENT - SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT June 2017 Bidder's Submittal Checklist Specification Reference Requirement Submitted Submittal Description BID PACKAGE Bidder's Checklist. 'r e 5 The forms contained within the tab titled "Bid Documents" are to be submitted with the bid Unit Price Bid Proposal Bid Proposal Signature Page Bid Deposit or Bid Bond Disadvantaged Business Enterprise Participation Letter of Intent. Surety Bidder's List. Subcontractor List. Categories of Work Performed by Prime Contractor Supplemental Bidding Information (Bidders List Information). Non -Collusion Affidavit. City of Yakima Compliance with Immigration and Naturalization Act. Buy America Certification BID PACKAGE Buy America Waiver Request. 4_5 Per Buy America Certification requirements, these items are due within 15 calendar days of the bid opening Failure to provide will declare the bid not responsive. Buy America Waiver Request Component Cost Table (Type 3 Waiver) Buy America Conformance Listing Buy America Content Percentage Calculation Worksheet. Buy America Preferences — Final Assembly Questionnaire Buy America Supporting Documentation INITIAL SUBMITTAL INFORMATION Each Bidder shall submit two copies of complete documentation and illustrative descriptions, to include certifications, brochures, catalogue cut sheets and technical data, of the equipment offered to demonstrate that the equipment will meet the requirements of the technical specifications. The documentation to be submitted with the bid shall be for current production components and equipment and shall be dated no more than five years prior to the bid opening 4i e5 Submit two copies of documentation within 10 days after the bid opening SPECIFICATION COMPLIANCE CERTIFICATION The bidder shall certify that the equipment complies with the specification and latest edition of FAA Advisoryand Circular 150/5220-20A, Airport Snow and Ice Control Equipment. C11).2.-__5" Certify compliance provide within 10 days after the bid opening OPERATIONS AND MAINTENANCE MANUALS Descriptions of the manuals to be provided. )..'.42_5 Description of manuals and provide within 10 days after the bid opening WARRANTY A standard one-year warranty shall be provided tri,Z� Warranty information and provide within 10 days after the bid opening. PARTS AND SERVICE POLICY Each Bidder shall submit with his bid a proposed policy for parts and service availability j Parts and service policy description and provide within 10 days after the bid opening G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 3-3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r 1 YAKIMA AIR TERMINAL SNOW REMOVAL EQUIPMENT - SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT June 2017 Bidder's Submittal Checklist SECTION 3 — PART 4 — TECHNICAL REQUIREMENTS (Documentation to demonstrate compliance for all the following items is required within 10 days after the bid opening ) 4.1 General Description 4.1 Two-stage style snow blower TQ -5 Description, brochure, catalogue cut sheets, technical data 4.3 Two -Stage Rotary 4 3 1 Rotary Head Box. 1 Description, brochure, catalogue cut sheets, technical data'2-3 4 3.2 Input Auger(s) 4 3.3 Input Auger (solid) 4 3 4 Discharge Impeller System 4 3 5 Operation of the Rotary System. 4.3 6 Snow Casting Assembly 4.3 7 Rotary Head Assembly 4.3.8 Drive Protection System 4 3 9 Blower Head Drive Train. 4.4 Minimum Performance Standards 4 4b Capacity V (pS Description, brochure, catalogue cut sheets, technical data 4 4c. Casting Distance. 4 4d. Required Speed of Operation 4 4e Turning Radius. 4.6 Carrier Vehicle Description 4.6 Verify All -Wheel Drive V 1-€5 Description, brochure, catalogue cut sheets, technical data. 4 6 1 Materials Title 49 Conformance 4 6 1 Components shall be new, unused, of current production. 4.7 Chassis 4 7 Power Assisted Steering Y5 Description, brochure, catalogue cut sheets, technical data 4 7 Transmission suitable to the vehicle 4 7 Heavy duty, tow hooks, toe eyes, or other suitable tow connections attached to the rear of the vehicle 4.7 Pintle Hook. 4.7 1 Frame made from either pressed or structural steel 4 7.2 Minimum grand clearance 8 -inches. 4 7.2 Maximum overall height is 13 -feet. 4 7.2 Maximum overall width is 18 -feet. 4.7 Weight Distribution 4 7 3 Calculated weight distribution (.) I.5 Provide a copy of the calculated weight distribution before construction 4.8 Engine 4 8 Engine and vehicle manufacturers shall provide an application approval �� Provide at time of delivery G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 3-4 1 i • 1 1 1 1 1 1 1 1 1 1 1 1 r 1 YAKIMA AIR TERMINAL SNOW REMOVAL EQUIPMENT - SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT June 2017 Bidder's Submittal Checklist 4.8 Engine 4 8 Engine shall be internal combustion type Y4 /e5 Description, brochure, catalogue cut sheets, technical data. 4 8.1 Cooling system Liquid or forced air design 4 8.2 Coolant temperatures Cooling system heaters, oil pan heaters, lubricating oil heaters, battery and block heaters and cold start aides 4 8 3 Fuel system shall comply with Title 49. 8.4 Fuel tank(s) and lines Verify tank capacity calculation 4 8 6 Air Cleaner: Air cleaner shall be a two-stage design. 4.8 7 Exhaust system and Muffler 4 8 8 governor Engine speed shall be regulated by a governor per 4 8 8 4 8.9 Lubrication Use standard production fittings and accessories 4 8 10 Automatic engine protection system 4.8 11 Accessibility Engine and chassis components shall allow easy access 4 8 11 Accessibility. Locks, controls and fasteners shall be designed to prevent over-torqueing 4.9 Drive Train 4.9 1 Transmission and vehicle manufacturers shall provide an application at the time of vehicle delivery Li 1 ei Provide at time of delivery. 4.9 Drive Train 4 9 1.a Automatic Transmission U i €$ Description, brochure, catalogue cut sheets, technical data. 4 9.2 Transfer case. 4.9.2 The vehicle and transfer case manufacturers shall provide an application approval at time of delivery 4 9.3 Axles. The axle and vehicle manufacturers shall provide an application approval at time of delivery 4.10 Brake System 4 10 Brake System zS Description, brochure, catalogue cut sheets, technical data. 4.11 Steering Mechanism 4.11 Steering Mechanism. All wheel, front wheelDescription, steer v I Q.S brochure, catalogue cut sheets, technical data. 4.12 Suspension System 4 12 Suspension System `% j Description, brochure, catalogue cut sheets, technical data. 4.13 Wheels Rims, Tire, and tubes 4 13 Wheels, Rims, Tires, and Tubes 1 Q -j Description, brochure, catalogue cut sheets, technical data. 4.14 Hydraulic System 4 14 Hydraulic System `1e`5 Description, brochure, catalogue cut sheets, technical data 4 14 1 Pump(s) and Power Takeoff 4.14.2 Lines and Fittings. 4.14 3 Fluid Tank. 4 14.4 System Winterization. G:\ PROJECTS\ 2017\ 17035E\SPEC\17035 SPEC.docx 3-5 1 1 1 1 1 1 1 1 1 1 1 1 1 11) 1 YAKIMA AIR TERMINAL SNOW REMOVAL EQUIPMENT - SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT June 2017 Bidder's Submittal Checklist 4.15 Electrical System 4.15.2 Power Supply �5 , K Description, brochure, catalogue cut sheets, technical data 4 15 3 Battery location, heating, compartment. 4 15 4 Starting Device 4 15 5 Ignition System Provide block heater or other heating device 4 15 5 High Idle Control 4 15.6 Backup alarm 4157 Horn 4.16 Lighting System 4 16 a Headlights Ye , � Description, brochure, catalogue cut sheets, technical data 4 16 b Backup Lights. 4.16 c Vehicle Safety Identification Lights. 4.17 Operator's Cab 4 17.1 General Ye. Description, brochure, catalogue cut sheets, technical data. 4 17.2 Communications Equipment Space 4 17.4 Operator Seat. 4 17 5 Windows and Windshield. 4 17 6 Exterior rearview mirror. 4 17 7 Heater 4 17 8 Ventilation. 4 17 10 Instrumentation 4.18 Sheet Metal Components 4 18 1 General A -G. Li L.' Description, brochure, catalogue cut sheets, technical data. 4.19 Painting, Marking, and Lighting of Vehicles 4.19 Painting, Marking, and Lighting of Vehicles. 5 Description, brochure, catalogue cut sheets, technical data. 4.20 Miscellaneous 4.20 7 Accessories and Tools ifie5 Description, catalogue cut sheets, technical data. 4.20 8 Lug Wenchbrochure, 4.20 9 Jack. 4.20 10 Shar Pins 4.20 11 Specialized Tools. 4.21 Delivery 4.21 3 Instruction and Training kr4 S G \ PROJECTS \2017\17035E\SPEC117035 SPEC.docx 3-6 BIDDER'S DECLARATION The undersigned, hereinafter called the Bidder, declares that the only persons or parties interested in this proposal are those named herein, that this proposal is, in all respects, fair and without fraud, that it is made without collusion with any official of the OWNER, and that the proposal is made without any connection or collusion with any person making another proposal on this CONTRACT. The Bidder further declares that he has carefully examined the Contract Documents for the construction of the project, that he has personally inspected the site, that he has satisfied himself as to the quantities involved, including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities with the detailed requirements of the Contract Documents, and that this proposal is made according to the provisions and under the terms of the Contract Documents, which documents are hereby made a part of this proposal The Bidder further declares that the provisions required pertaining to prevailing wage rates shall be included in his CONTRACT and will be complied with AWARD OF THE CONTRACT The Bidder shall submit bids for all bid schedules and all bid items to be considered as a responsive Bidder The apparent Low Bidder will be determined in order to meet the total funds available, beginning with Schedule A. Following the determination of the Low Bidder, the contract will be Awarded to the responsive and responsible Bidder based on the lowest total of all bid schedules and bid items for which funding is available, and as approved by the Owner and funding agencies. CONTRACT EXECUTION. The Bidder agrees that if this proposal is accepted, he will, within ten (10) days, not including Sundays and legal holidays, after Notice of Award, sign the CONTRACT in the form annexed hereto, and will at that time deliver to the OWNER the "Performance Bond," "Payment Bond," and the "Certificate of Insurance" required herein and will, to the extent of his proposal, furnish all machinery, tools, apparatus, and other means of construction and do the work and furnish all the materials necessary to complete the work in the manner, in the time, and according to the methods specified in the Contract Documents and required by the Engineer hereunder In the event that the Bidder shall fail to enter into a CONTRACT within such time, then the bid security in the amount of 5% of the amount bid, deposited herewith, shall be retained by the OWNER and it is agreed that said sum is a fair measure of the amount of damage that the OWNER will sustain because of such failure to enter into a CONTRACT. CONSTRUCTION TIME LIMITS. The Bidder agrees to begin work within ten (10) calendar days after the date of the OWNER's written Notice to Proceed and to complete all construction work within the time. frames set forth in the CONTRACT after the date of the OWNER's written Notice to Proceed. LIQUIDATED DAMAGES In the event the Bidder is awarded the CONTRACT and shall fail to complete the work within the time limit or extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid to the OWNER at the rate of $500.00 per calendar day for all work awarded under the CONTRACT until the work shall have been finished as provided by the Contract Documents Sundays and legal holidays shall be excluded in determining days in default. G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 3-7 BIDDER'S DECLARATION (CONTINUED) SUBCONTRACTORS The Bidder will list all proposed subcontractors by their proper corporate name, and the portion of the work the subcontractor intends to perform, in the spaces provided below The OWNER reserves the right to reject any subcontractor that the OWNER deems unfit for the scope of the work proposed Subcontractor Work Item to be Performed 1. 2 3 4 5. s -e e 1 rhPccinect D3 .('Ariemvavt* <CL Go -odd -G=4_ ‘,..c.f,,,t , UNIT PRICES The undersigned, having carefully examined the Project Specifications, Drawings, Schedules, and other documents, being familiar with all of the conditions relating to the work of the proposed project, including the availability of materials and labor, hereby proposes to undertake and complete the entire project in accordance with these Contract Documents including furnishing all labor, materials, and equipment required in connection with or incidental to the completion of the Snow Removal Equipment — Snow Blower and Carrier Vehicle Procurement project, complete in place, and in full working order, for the following lump sum and/or unit prices G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 3-8 1 1 1 1 1 1 lor 1 1 1 1 1 1 • 1 UNIT PRICE BID PROPOSAL (NOTE: Unit prices for all items, all extensions, and total amount of bid must be shown. Any changes/corrections to the bid must be initialed by the signer of the bid, in accordance with Section 1-02.5.) CITY OF YAKIMA — YAKIMA AIR TERMINAL SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT A.I P NO 3-53-0089-39 HLA PROJECT NO 17035 ITEM NO. ITEM DESCRIPTION UNIT QUAN TITY UNIT PRICE AMOUNT DOLLARS -CTS DOLLARS -CTS BID SCHEDULE A Snow Removal Equipment — Snow Blower and Carrier Vehicle EA 1 X "i (l� OD = �C� O `l11 SUBTOTAL S3.nL `o • WASHINGTON STATE SALES TAX 8.2% I-1Ss 330,03 (1j9, (4. yoo , t13 BID TOTAL Gat, i 400,140 g G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 3-9 BID PROPOSAL SIGNATURE PAGE CITY OF YAKIMA - YAKIMA AIR TERMINAL SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT A.I P NO 3-53-0089-39 HLA PROJECT NO. 17035 The Bidder is hereby advised that by signature of this proposal, he/she is deemed to have acknowledged all requirements and signed all certificates contained herein. A proposal guaranty in an amount of five percent (5%) of the total bid, based upon the approximate estimate of quantities at the above prices and in the form as indicated below, is attached hereto HE AMOUNT OF dol -;-1 Twit) 11..64e CASH ❑ IN T CASHIER'S CHECK CERTIFIED CHECK PROPOSAL BOND SI NATURE ❑ --11A i - PO1(af5 (1-0-A.).$ to Co -A DOLLARS ❑ ($ , 3 30 43 ) PAYABLE TO THE STATE TREASURER IN THE AMOUNT OF 5% OF THE BID J1 OR ED OFFICIALS PRINTED NAME AND TITLEi SOS Pc C l (f 3� V tC�f 3 ` �i 4 Ifect,5w(ae 11111 Y�L ,' SUBMITTED ON .71(.3111 (DATE) MAILING !M 3 �-�M i ADDRESS- 11�' �„ t f.R s-f-(e.Rk , Gk\ ( ! w� S3a i TELEPHONE. S qc%s 1002' FAX NO R.Z0 349 Dag EMAIL ADDRESS vu rr .,jc,t.1 0_ vY\ bc6 , Corel, STATE OF WASHINGTON CONTRACTOR LICENSE NUMBER: - 153.— X-(9 DUNS NO O 5 Soy 0(05 FEDERAL TAX ID NO 39- t 53c4 UBI NO.: t2Oc7-" (gJoh ~ al/4 INDUSTRIAL INSURANCE ACCOUNT NO. 10 I14 ADDENDA ACKNOWLEDGEMENT- G:\PROJECTS \2017\17035E\SPEC \17035 SPEC.docx 1,tk-I&i 3-10 110 City of Yakima, Yakima Air Terminal Snow Removal Equipment — Snow Blower And Carrier Vehicle IM0ma1,h1c. Procurement, A.I.P. NO. 3-53-0089-39, HLA PROJECT NO. 17035, Bid Opening: July 20, 2017, 2:OOPM Local Time, 1 Corporate Office 1615 Wisconsin Avenue IP.O. Box 200 ew Holstein, WI 53061 800.558.5800 IAirport Maintenance Products 1200 Park Street IChilton, WI 53014 800.558.5800 IIIAttachments Wisconsin Avenue ew Holstein, WI 53061 800.558.5800 1 Multi -Service Vehicle 615 Wisconsin Avenue ew Holstein, WI 53061 800.558.5800 avement Marking -East 9 Montgomery Street Montgomery, PA 17752 ' 888.323.2900 Pavement Marking -West I490 Ewald Avenue SE Salem, OR 97302 800.253.2909 ,Replacement Brushes 1217 E Chestnut Street Chilton, WI 53014 I800.558.5800 r Bid Exceptions Page 6-8, 20-01, Qualification of Bidders Specification: Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the Bidder's financial resources and liabilities as of the last calendar year or the Bidder's last fiscal year. Provided: M -B will furnish a certified financial statement as required by these specifications if awarded the contract. Reason: M -B included evidence of continuous business activity in this bid package (customer reference list and 10 year List), but financial and annual reports are not included. M -B is a privately held company and financial statements are not made available to the public. If M -B is determined to be the lowest responsive bidder, a certified financial state can be provided upon request. Page 1 of 1 livww.m-bco.com Quality you can see. People you can trust.- NIL BID DEPOSIT CITY OF YAKIMA — YAKIMA AIR TERMINAL SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT A.I.P. NO. 3-53-0089-39 HLA PROJECT NO. 17035 Herewith find deposit in the form of a certified check or cashier's check in the amount of $ , which amount is not Tess than five percent (5%) of our total bid for this project. Sign Here OR BID BOND KNOW ALL PERSONS BY THESE PRESENTS: That we M -B Companies, Inc. , as PRINCIPAL, and Travelers Casualty and Surety Company of America , as SURETY, are held and firmly bound unto the CITY OF YAKIMA, as OBLIGEE, in the penal sum of 5% of attached bid Dollars, for the payment of which the PRINCIPAL and the SURETY bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the OBLIGEE shall make any award to the PRINCIPAL for SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT, A.I.P. NO. 3-53-0089-39, HLA Project No. 17035, according to the terms of the proposal or bid made by the PRINCIPAL therefor, and the PRINCIPAL shall duly make and enter into a CONTRACT with the OBLIGEE in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with SURETY or SURETIES approved by the OBLIGEE; or if the PRINCIPAL shall, in case of failure so to do, pay and forfeit to the OBLIGEE the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the SURETY shall forthwith pay and forfeit to the OBLIGEE, as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED, AND DATED THIS 11th DAY OF July M -B Compani Principal Travelers C , 2017. pmfl. Via Cfritifut" Surety ' Kateen Stewart, Attorney -if -Fact (I 2017 r G.IPROJECTS12017i17Qi5BSPEC117035 SPEC.docz 3-11 1 1 1 TRAVELERS! • Attorney -In Fact No. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 232163 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate,. 007225855 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Carol F. Tasciotti, Evonne Brown, Adele M. Korczak, Grace Villarreal, Gail Schroeder, Gina M. Damato, Thomas A. Pictor, Michael Damewood, Luisa Seymour, Thomas N. Tague, Brenda D. Hockberger, Carlina A. Oswald, Tara S. Petersen, Todd D. Baraniak, Dale F. Poquette, Oscar F. Rincon, Moises Alcantar, James P. Fagan, Stephanie Miller, Grace Lawrence, Ann Mulder, Launa Reidenbach, Mary D. Thomas, Amber Derkson, Dan Hasson, Kristan Retusnic, Kathleen Stewart, Mary Jo Campbell, Carrie Smith, Adam Kveton, Jessica Hernandez, Robin Vinci, Jason Cummings, Emily Swatkowski, Renee D. Davis, Tiffany Uribe, Kyle Pollock, Patrick 1 Brennan, Jr., and Erik Harms of the City of Chicago/Naperville , State of Illinois , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 11th ay of May 2017 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company State of Connecticut City of Hartford ss. St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: Robert L Raney, Senior Vice President On this the I 1 th day of May 2017 before me personally appeared Robert L Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwnters, Inc., St. Paul Fire and Mame Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of Amenca, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authonzed officer. n Witness Whereof, I hereunto set my hand and official seal. y Commission expires the 30th day of June, 2021. 58440-5-16 Printed in U.S.A. W Wq' C . Marie C Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • • WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vi4110 President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authonty as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescnbed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this !' day of`, 20 f 4 ''''.....,\-, N . . pr. ttS; - n, ••;SEALAV tVSSIL1 ii>r a 1p..._...:�� Kevin E Hughes, Assistant Sc i .•i s To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING. THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 7/26/2017 https://fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=10 Consumer took Agent and Company Lookup Orders Independent Review Decisions TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Change History 1 Licensing 1 Appointments 1 Complaints 1 Orders 1 National Info 1 Ratings Back tct Tax Filings General information Contact information Name: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Corporate family group: TRAVELERS GRP 0 Organization type: PROPERTY Doing Business As (DBA): Unavailable WAOIC: 10 NAIC: 31194 Status: ACTIVE Admitted date: 04/01/1977 Ownership type: STOCK back to top Company change history 0 ' View changes back tc top Types of coverage authorized to sell 0 Insurance types Casualty Marine Ocean Marine Property Surety Vehicle " ba0 to roc) Registered address ONE TOWER SQUARE HARTFORD, CT 06183 Telephone 860-277-0111 Agents and agencies that represent this company (Appointments) 0 View agents View agencies 1 Mailing address ONE TOWER SQUARE HARTFORD, CT 06183 Telephone 860-277-0111 https.//fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=10 1/2 1 7/26/2017 https://fortress.wa.gov/otc/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=10 Company complaint history 0 View complaints iC, to top Orders issued since 2010 0 No orders are found na„IC top Premium tax filings by tax year 2016 2015 2014 2013 2012 baact. to :_o, 0 National information on insurance companies Want more information about this company? The Nt1IC's Consumer Information (CIS) page allows you to retrieve national financial and complaint information on insurance companies, plus has information and tips to help you understand current insurance issues. ,a.k .OD Ratings by financial organizations The following organizations rate insurance companies on their financial strength and stability. Some of these companies charge for their services. +A. M. Best [Weiss Group Ratings 'Standard and Poor's Corp ,Moody's Investors Service Fitch IBCA, Duff and Phelps_Ratiiings Disclaimer: Links to external or third -party websites are provided solely for visitors' convenience. Links you take to other sites are done so at your own risk and our office accepts no liability for any external linked sites or their content. Be aware that not all financial rating companies use the same rating processes. back ... :_O3 https.//fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=10 2/21 7/26/2017 Surety Bonds - Certified Companies I UNDERWRITING LIMITATION b/ $759,000 SURETY LICENSES c,f/ AL, AZ, AR, CA, CO, DE, DC, GA, ID, IL, IN, KS, MN MO, MT NE, NV, NM, NY, ND, OK, OR, SC, SD, TN, TX, UT, WV, WY. INCORPORATED IN South Dakota. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ,I Swiss Reinsurance America Corporation (NAIC #25364) BUSINESS ADDRESS. 175 KING STREET. ARMONK, NY 10504 - 1606. PHONE. (914) 828-8000 UNDERWRITING LIMITATION b/ $335,230.000. SURETY LICENSES c,f/. AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY. LA, ME, MD, MA. MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WI. INCORPORATED IN New York. t Back To Top T TEXAS PACIFIC INDEMNITY COMPANY (NAIC #20389) BUSINESS ADDRESS 202B Hall's Mill Road, Whitehouse Station, NJ 08889. PHONE. (214) 754-0777 UNDERWRITING LIMITATION b/ $750,000 SURETY LICENSES c,f/ AR, TX. INCORPORATED IN Texas. TRANSATLANTIC REINSURANCE COMPANY (NAIC #19453) BUSINESS ADDRESS One Liberty Plaza, 165 Broadway, NEW YORK, NY 10006. PHONE. (212) 365-2200 UNDERWRITING LIMITATION b/ $472,104,000 SURETY LICENSES c,f/ AK, AZ, AR, CA, CO, DE, DC, GA, ID IL, IN, IA, KS, KY, LA, MI, MN, MS, NE, NV, NJ, NM, NY, OH OK, PA, SD, UT, WA, WI INCORPORATED IN New York. Travelers Casualty and Surety Company (NAIC #19038) BUSINESS ADDRESS ONE TOWER SQUARE, HARTFORD, CT 06183. PHONE. (860) 277-0111 UNDERWRITING LIMITATION b/ $410,816,000 SURETY LICENSES c,f/ AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA. GU, HI, ID, IL, IN IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM NY, NC, ND, OH, O. * 2 '•, , , , • X, UT, VT, VA. VI W, i INCORPORATED IN Con Trave rs BUSINESS ADD Casualty and Surety Company of Ameri'. (NAIC #31194) KESS ONE TOWER SQUARE, HARTFORD, CT 06183. PHONE. (860) 277-0111 UNDERWRITING LIMITATION b/ $208,819,000 SURETY LICENSES c,f/' AL, AK, AZ, AR, CA, CO, CT, D DC, FL, GA. GU, HI, ID, IL, IN, IA, KS KY, LA, ME, MD MA, MI, MN, MS MO, MT, NE, NV, NH NJ, NM NY, NC, ND. OH, OK, OR, PA. PR, RI, SC, SD, T X, UT, VT, VA. VI, WA, WV, WI, WY INCORPORATED IN Connecticut. Travelers Casualty Insura , ompany of America #19046) NE TOWER SQUARE, HARTFORD, C i • = PHONE: (860) 277-0111 UNDERWRITING LIMITATION b/ $56,001,000 SURETY LICENSES c,f/ AL, • ' , ^ ' •, CT, DE. DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA. WA, WV, WI, WY INCORPORATED IN Connecticut. Travelers Indemnity Company (The) (NAIC #25658) BUSINESS ADDRESS ONE TOWER SQUARE, HARTFORD, CT 06183. PHONE. (860) 277-0111 UNDERWRITING LIMITATION b/ $700,347,000 SURETY LICENSES c,f/' AL, AK, AZ, AR, CO CT, DE, DC, FL, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA. MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK. OR, PA, PR, RI, SC, SD, TN, TX. UT, VT, VA, WA, WV, WI, WY INCORPORATED IN Connecticut. TRAVELERS INDEMNITY COMPANY OF AMERICA (THE) (NAIC #25666) BUSINESS ADDRESS ONE TOWER SQUARE, HARTFORD, CT 06183. PHONE. (860) 277-0111 UNDERWRITING LIMITATION b/' $18,670,000 SURETY LICENSES c,f/ AL, AK, AZ, AR, CO, CT, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, MD, MA, MI, MN, MS, MO, MT NE, NV, NH NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN. Connecticut. Travelers Indemnity Company of Connecticut (The) (NAIC #25682) BUSINESS ADDRESS ONE TOWER SQUARE. HARTFORD, CT 06183. PHONE. (860) 277-0111 UNDERWRITING LIMITATION b/ $34,510,000 SURETY LICENSES c,f/ AL, AK, AZ, AR. CA, CO, CT, DE, DC, FL, GA. HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, VI, WA, WV WI, WY INCORPORATED IN Connecticut. Travelers Property Casualty Company of America (NAIC #25674) BUSINESS ADDRESS ONE TOWER SQUARE, HARTFORD, CT 06183. PHONE. (860) 277-0111 UNDERWRITING LIMITATION b/ $43,689,000. SURETY LICENSES c,f/ AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA. HI, ID, IL, IN. IA, KS, KY, LA, ME, MD, MA, MI, MN. MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY INCORPORATED IN. Connecticut. t Back To Top U U.S. Specialty Insurance Company (NAIC #29599) BUSINESS ADDRESS 13403 Northwest Freeway, Houston, TX 77040. PHONE. (713) 462-1000 UNDERWRITING LIMITATION b/ $51,815,000 SURETY LICENSES c,f/' AL, AK, AZ, AR CA, https .//www.fiscaLtreasury.gov/fsreports/ref/suretyBnd/c570_a-z.htm Translate 1 20/23 DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION CITY OF YAKIMA - YAKIMA AIR TERMINAL SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT A.I P. NO. 3-53-0089-39 HLA PROJECT NO. 17035 Policy. It is the policy of the Department of Transportation (DOT) that Disadvantaged Business Enterprises (DBE's) as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this agreement. DBE Obligation The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this CONTRACT The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts Failure by the Contractor to carry out these requirements is a material breach of this CONTRACT, which may result in the termination of this CONTRACT or such other remedy, as the recipient deems appropriate Prompt Payment: The Prime Contractor agrees to pay each subcontractor under this prime CONTRACT for satisfactory performance of its CONTRACT no later than 30 days from the receipt of each payment the Prime Contractor receives from the recipient. The Prime Contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the recipient. This clause applies to both DBE and non -DBE subcontractors Disadvantaged Business Enterprise Utilization The undersigned has satisfied the requirements of the specifications in the following manner (please check the appropriate space). The Bidder is committed to a minimum of 4.30% DBE utilization on this project. The Bidder (if unable to meet the goal of 4.30% DBE) is committed to a minimum of V % DBE utilization on this project and has submitted documentation showing good faith effort. Contractor: it r By Signature $,,‘,5aoJ orr1!3 Title tbCer 1 ea5u re Address. 66 (5 W R SCS J , fJ A\i eNLA,Q,1 N e t.0 t,--Vs-4 1.10 , Wt 53061 Phone Number. 9 ao 3 t< 106q Zip Code 6,3661 G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 3-12 1 1 1 1 1 1 IS 1 1 1 1 1 1 1 • 1 1 gyp ,a LETTER OF INTENT , Name of Bidder's Firm• 1\k— rAPPJ + ei ! OC . Bidder's Address: /4(5 U1 i eziki5;A.) A -1e NJe.._. City: N Q,u) 1-(61,5601 State. WIS Czyci3�tJ Telephone (Including Area Code) (n12O (YO g Zip: .S. 66 Name of DBE Firm N ski - N 11(4 Address City• ►ki State. 11i I " Telephone (Including Area Code) Description of work to be performed by DBE Firm: Zip NIA - Bidder intends to utilize the above-named disadvantaged firm for the work described above The estimated amount of work is valued at $ ylj 14 If the above-named Bidder is not determined to be the successful Bidder, the Letter of Intent shall be null and void. (Copy this page for each minority subcontractor ) G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 3-13 • SURETY CITY OF YAKIMA — YAKIMA AIR TERMINAL SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT A.I P NO 3-53-0089-39 HLA PROJECT NO 17035 If the Bidder is awarded a construction contract on this proposal, the surety who provides the "Performance eBond" and "Payment Bond" will be c'aaie,� A4v � ` a' -� S` y �� :�,..,� ,/�.,,,-� t, r � �- ,whose address is 3`135 3'sti�m3 Di , SU'�{e, 36J,'robKJelc( , WL S3o0,� BIDDER. The Name of the Bidder submitting this proposal is Yr - 3 �;i ANv�S \ e • doing business at 0•00 D\ -(L4 $+(ee.f f Ct ' t , W3 S.30 ly , which is the address to which all communications concerned with this proposal and with the CONTRACT shall be sent. The names of the principal officers of the corporation submitting this proposal, or of the partnership, or of all persons interested in this proposal as principals are as follows. ( -A 54-n) (If Sole Proprietor or Partnership) In witness hereto the undersigned has set his (its) hand this 1 31-' day of , 2017 Signature of Bidder Sv AM 16(1' jep.) `/ice_ Pfes) ci eat /`-easo,(Q Title Bidder (if corporation) In witness whereof the undersigned corporation has caused this instrument to be executed by its duly authorized officers this 1,3 day of 3A( --i , 2017. Name . ...ratio11 By. r_ _� 9 By' i r, A ,, Secretary G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 3-14 A CENTURY OF INNOVATION SINCE 1 9 0 7 M -B Companies, Inc. Corporate Entity List of all Directors and Officers 2/9/2017 Terrence J. Cosgrove, President (Occupation -President), 1615 Wisconsin Avenue, New Holstein, WI 53061. tcosgrove@m-bco.com Eldon L. Bohrofen, Secretary/Director (Occupation -Attorney), 607 North 8th Street, Sheboygan, WI 53081 Michael Shinners, Vice-President/Director (Occupation - retired CPA), 1501 North State Parkway -9C, Chicago, IL 60610 Keith Garnett, Vice-President/Director (Occupation — retired Engineer), 1001 Aspen Lane, Kohler, WI 53044 Susan A. Torrison, Vice-President/Treasurer (Occupation -Administration Manager), 400 Maple Leaf Court, Manitowoc, WI 54220. storrison@m-bco.com AIRPORT SNOW REMOVAL EQUIPMENT 1200 Park Street IChilton, WI 53014 800-558-5800 PAVEMENT MARKING EQUIPMENT -PA 79 Montgomery Street Montgomery, PA 17752 t8-323-2900. PAVEMENT MARKING EQUIPMENT -0R 2490 Ewald,Avenlie SE Salem, 0R 97302 800-253-2909 ATTACHMENTS DIVISION 1615 Wisconsin Avenue New Holstein, WI 53061. 800-558-5800 WWW,.M-BCO.COM 1 1 1 1 1 1 1 r 1 1 1 1 1 1 1 BIDDERS LIST All firms bidding or quoting on subcontracts for this DOT -assisted project is listed below Firm Name Address Describe Type of Work Firm Performs Certified DBE (Y or N) Age of Firm GRS* Lffiecse SQL, Oti4ct G"r-k -,- L - \ Note This form is not necessary if the recipient establishes a Bidders list using another methodology (e g , statistically sound survey of firms, widely disseminated request of firms to report information to the recipient, etc.) as defined in the recipient's DBE plan. *GRS — Annual Gross Receipts Enter 1 for less than $1 million Enter 2 for more than $1 million, less than $5 million Enter 3 for more than $5 million, less than $10 million Enter 4 for more than $10 million, less than $15 million Enter 5 for more than $15 million Good faith effort. G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 3-15 • le !tib 1-B Companies, Inc. 1 1 Corporate Office 1615 Wisconsin Avenue 'P.O. Box 200 ew Holstein, WI 53061 800.558.5800 IAirport Maintenance Products 1200 Park Street IChilton, WI 53014 800.558.5800 Ilikttachments isconsin Avenue New Holstein, WI 53061 800.558 5800 1 Multi -Service Vehicle 15 Wisconsin Avenue w Holstein, WI 53061 800.558.5800 •vement Marking -East 9 Montgomery Street Montgomery, PA 17752 888.323.2900 vement Marking -West 90 Ewald Avenue SE Salem. OR 97302 800 253.2909 leplacement Brushes 1217 E Chestnut Street Chilton, WI 53014 I800.558.5800 iww.m-bco.com City of Yakima, Yakima Air Terminal, Yakima, Washington, A.I.P. NO. 3-53-0089-39, SNOW REMOVAL EQUIPMENT — SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT REBID, Bid Opening: July 20, 2017, 2:OOPM Local Time M -B Companies, Inc. DBE Participation Plan The M -B Companies has over the past several years sent out solicitations to our supply base inquiring and encouraging our suppliers to participate in the Disadvantaged Business Enterprise (DBE) program. 87 M -B suppliers have been contacted through email and follow up phone calls. Evidence of this is detailed on our attached Good Faith Effort listing. The solicitation directs the suppliers to the following websites: Out of state suppliers are directed to: http://www.dot.gov/osdbu/disadvantaged- business-enterprise/state-dot-and-dbe-program-websites, Wisconsin Suppliers are directed to: http://www.dot.wisconsin.gov/business/engrsery/dbe-firms.htm. As of this date, we have not found a certified DBE supplier for the equipment in this bid. M -B continues to search for certified DBE's for future opportunities. Quality you can see. People you can trust." 1 M -B Companies - AMP 6/5/17 - Bill Hecker Supplier Supplier Contact Info Good Faith Effort for: WBE-MBE-DBE-SBE-VBE N A WBE MBE DBE SBE VEB GR 111 Metals Engineering Metals Engineering 1800 South Broadway Green Bay, WI 54304 (920) 339-8590 Phone (920) 339-8592 Fax Rhonda Rusch X 1 Lenz Inc. Lenz Inc. 3301 Klepinger Road Dayton, OH 45406 phone 678-641-2852 fax 770-529-1472 Richard Brown X 1 1 Kelburn Kelburn Engineering Company 851 N. Industrial Drive, Elmhurst, IL 60126 P 630-832-8383 x209 F 630-832-8515 Ron Johnson X 1 I Henderson products Henderson Products Inc. 1085 South Third Street Manchester, IA 52057 563-927-7236 Dennis Meisgeier X 1 Monarch Ind Monarch Industries Limited Phone 204-786-7921 Ext 219 Fax: 204-772-9496 Toll free 800-665-0247 Fred Morgan X 1 J&D Tube Benders J & D TUBE BENDERS, INC. 8951 Enterprise Way Schofield, WI 54476 1-800-283-8302 1-715-359-8687 FAX Tom Felch X 1 Falcon Ind. Falcon Industries, Inc. 901 Astro Blvd East Cosmos, MN 56228 ETelephone 320-877-7713 OFax: 320- .877-7715 Rhonda J. Gass X 1 Power Systems Power Systems, LLC 3026C Highway 145 Richfield, WI 53076 p 262-677-4567 f. 262-677-4655 Donna Peterleus X 2 Prop Shaft Supply Prop Shaft Supply 969 Koopman Lane Elkhorn, WI 53121 Office 262-743-1606 Cell 262-492-7799 Joe Kinney X 1 ' Arntzen Corp Arntzen Corporation 14600 W. Washington St. Woodstock, IL 60098 Ph 800 957.7655 ext 221 Fax. 815.334 0778 Ryan D Moyer X 1 III ' Northern Iron and Machine Northern Iron & Machine 867 Forest Street St. Paul, MN 55106 651-778-3320, phone 651-778-3380, fax 763-300-9563, cell Mark Amland X 1 ' ' McNeilus Steel McNeilus Steel - Fond du Lac, WI 123 East Larsen Drive Fond du Lac, WI 54937 920-923-1778 ext. 5026 Zachary J Todd X 1 ' Aurelius MFG Aurelius Mfg. Co Inc. 220 SW 8th Street Braham, MN 55006 Phone - 320-396-3343 Fax - 320-396-3346 Laura Keppler X 1 ' Trimark Corp. Trimark Corp 510 Bailey Avenue New Hampton, IA 50659 800-431-8616 Terri Troutner X 1 1111 ' Gemini Plastics Gemini Plastics, Inc. 1333 Viking Lane Green Bay, WI 54115 Phone 800-236-3333 Ken Curry X 1 ' ' Waytek Wire Waytek Inc. PO Box 81 Chaska, MN 55318 Phone (800)328-2724 X111 Fax (800)858-0319 Travis Dhein X 1 ' ' Cross MFG Cross Manufacturing, Inc. 100 James H Cross Blvd. Lewis, KS 67552 620-324-5525 Mike Worley X 1 I Diesel Components Inc. Diesel Components Inc. 1500 E Cliff Road Burnsville, MN 55337 PH 952-890-2885 FX 952-890-2920 Nick Fiddle X 1 ' Burns Industrial Burns Industrial W8622 Willis Ray Road Whitewater, WI 53190 414-587-8214 Jim Robinette X 1 1 1 ' • MFG Jay Jay Manufacturing Oshkosh, Inc. 2045 West 20th Avenue Oshkosh, WI 54903-3064 Phone. (920) 235-1770 ext. 32 Cell (920) 573-9151 Fax: (920) 235-2383 John Bores X 1 1 ' Fuel Systems Fuel Systems Inc. 12730 Robin Lane Brookfield, WI 53005 800-236-3835 Jeff Koppelman X 1 ' Therma-Tech A.R Lintern-Therma-Tech 24900 Capitol Redford, Mi (313)537-5330 ext. 204 Jim Geagan X 1 ' I Safety Vision Safety Vision/ICOP 6100 West Sam Houston Parkway North Houston, Texas 77041-5113 800 880.8855 TOLL 713.929 1151 DIRECT 713 896 6600 MAIN 713.896.6640 FAX Terri Molina X 1 ' NI Arrowhead Plastic Engineering Arrowhead Plastic Engineering, Inc. P.O. Box 75 IN 47338 Phone one 765-396-9647 Fax 765-396-9649 Faith Adair X 1 I Russel Metals Russel Metals Williams Bahcall PO BOX 210380 Milwaukee, WI 53221 office 414-481-7100 direct 414-982-6666 cell 414-750-2876 Steve DeBot X 2 ' Enginaire Inc. Enginaire Inc. 122 South River Street Janesville, WI 53548 608-755-5466 Ginny Allbee X 1 ' I Dana Corp Dana Holding Corporation Commercial Vehicle Products Group One Village Center Drive Van Buren Twp, MI 48111-5711 Ph: (269) 779-4478 Mark Jeffrey X 2 • ' Sawbrook Steel Sawbrook Steel 425 Shepherd Avenue Cincinnati, OH 45215 513-5544700 Mary Simpson X 2 1 1 Schofield Enterprises Schofield Enterprises, Inc. 8405 Enterprise Way Schofield, WI 54476 (715)359-2497 Tami Holmes X 1 I Durst Durst -Regal 5560 E. Buss Road Clinton, WI 53525 D. 608-361-5526 0: 800.356 0775 F. 608.365 6812 Al Bower X 1 I HED HED Inc. 2120 Constitution Avenue Hartford, WI 53027 (262) 670-2980 Direct (262) 673-9455 Fax Michelle Schmitt X 1 I I Weimer Bearing Weimer Bearing & Transmission 2051 Progress Way Kaukauna, WI 54130 920-766-5463 920-766-5725 fax Ben Cleveland X 1 I I Nott Company Nott Company 3100 East Frontage Road Kaukauna, WI 54130 800-456-0152 x 110 Brian Genke X 1 IPNM 1800-236-4463 NM Transfer Company Inc NM Transfer Co., Inc. Expedited 630 Muttart Road Neenah, WI 54956 C 920-427-5786 Mark Winter X 1 I I IAP Inc IAP Inc W6905 Paradise Lane Phillips, WI 54555 715-339-3024 Scott Woldt X 1 I Dufeck Wood Dufeck Wood Products Mfg. 210 Maple Street Denmark, WI 54208 Jodi Weier X 1 I Road Equipment Road Equipment Parts Center 801 N Bluemound Drive Appleton, WI 54914 920-731-5393 fax 920-731-1712 Bob Momberg X 1 I I P Knopf OE Sales div of Knopf Automotive 600 Corporation Dr. Pendleton, IN 46064 office 1-765-778-6483 mobile 1-989-295-3618 Jim Nadolny X 1 1 ill ' Motion Ind. Motion Industries -W109 3669 Enterprise Drive Sheboygan, WI 53083 P 920-208-5600 F 920-208-5618 Torren Nicholas X 1 0 I ' Hentzen Coatings, Inc. Hentzen Coatings, Inc. 6937 West Mill Road Milwaukee, WI 53218-1225 Office: (414) 353-4200 Ex. 56871 Fax: (414) 353-0286 I Mobile: (414) 704-4534 Kevin Sehmer X 1 ' GS Global Resources, Inc. GS Hydraulics Sales Inc. 926 PERKINS DRIVE MUKWONAGO, WI 53149 Direct Phone: 262-901-1071 GS Main Fax: 262-786-6787 Jay Stoll X 1 ' ' Industrial Nameplate Industrial Nameplate,Inc. W6251 Neubert Rd. Appleton, WI 54913 920.731.9105 John Schuldes X Applied 1 ' JTD Enterprises Inc. JTD Enterprises Inc. 44 Walnut Street Chilton, WI 53014 920-849-2900 Tom Hoban S. Sterling Company 102 International Drive Peachtree City, GA 30269 770-632-8755 770-632-8756 fax Amanda Collier X '•'' T A. fit j Applied 2 1 Va ' S. Sterling ' Machine Service Inc Machine Service Inc 1000 Ashwaubenon Street Green Bay, WI 54304 920-339-3000 x 139 Eric Caelwaerts X 1 t ' Endries International Endries International 714 Ryan Street Brillion, WI 54110 T: (920) 756-4584 Todd Marsicek X 1 Ray's Tire Ray's Tire 1614 7th Street Green Bay, WI 54304 800-810-5177 David Ellis X 1 ' • ' Rychtik Welding & Mfg Rychtik Welding & Mfg 818 Beech Street Grafton, WI 53024 262-377-1592 Greg Rychtik X 1 1 Images on Metal Inc Images on Metal Inc 105 S Mantorville Avenue Kasson, MN 55944 507-634-1210 Carol Benner X 1 ' Hotstart Inc. Hotstart Inc. E 5723 Alki Avenue Spokane, WA 99212 Ph: 509.536.8669 Cell: 509.954.1000 Jason Cook X 1 ' Actia ACTIA 2809 Bridger Court Elkhart, IN 46514 Ph: 574-266-2640 Fax: 574-266-2740 Lisa Foster X 1 ' Flambeau Flambeau 801 Lynn Ave Baraboo, WI 53913 Phone: 608-355-6568 6568 Fax: 608-355-2245 Katy Morehouse X 1 ' ' • Interstate Power Systems Interstate Power Systems 13015 W. Custer Avenue Butler, WI 53007-0500 Phone 262-783-8702 Mobile 262-441-0884 Fax 262-783-8981 Steve Fredrick X 2 Fleet Pride Fleet Pride 743 North Keyser Avenue Scranton, PA 18504 (920) 499-4522 Aaron X 1 ' ' OTR Wheel Engineering, INC. OTR Wheel Engineering, INC. PO Box 732068 Dallas, TX 75373 706-235-9781 Charles Jackson X 1 ' ' Purosil LLC Purosil LLC PO Box 1839 Corona, CA 92878 951-271-3900 ext 413 951-271-3901 fax Annie Dinh X 1 I Connector Concepts Inc Connector Concepts Inc 1530 McCormick Blvd. Mundelein, IL 60060 847-541-4020 Tony Doctor X 1 ' Packer City International Packer City International 611 Hansen Road Green Bay, WI 54306 920-499-0879 Michelle Burt X 1 1111 ESCO Corp. (Bucyrus) ESCO Bucyrus 260 E. Beal Avenue Bucyrus, OH 44820 Office: +1419.563.2673 Toll Free: +1800.446.3726 Fax: +1 800.642.4542 Brad Timmer X 1 Olson Trailer & Body Olson Trailer & Body PO Box 12586 Green Bay, WI 54307 920-499-0881 Tom Johnson X 1 ' R. H. Sheppard Co. Inc. R. H. Sheppard Co. Inc. PO BOX 7383 Lancaster, PA 17604 717-633-4155 Tony Noble X 1 ' ' Commercial Vehicle Group Commercial Vehicle Group 527 West US Highway 20, Michigan City, IN 46360 Office: (219) 861-2540 I Fax: I Mobile: (219) 363-6493 1 Voice IP: 62540 Carla Leake X 1 ' IPSunSource SunSource 23851 Network Place Chicago, IL 60673 Phone: 952.563.1710 Fax: 800.548.0541 Wendy Sorter X 1 ' United Rotary Brush Corp. United Rotary Brush Corp. PO Box 219911 Kansas City, MO 64121 800-851-5108 Rob Hill X 1 ' ' American Cooling Systems, LLC American Cooling Systems 3099 Wilson Drive NW Grand Rapids, MI 49544 Office 248-332-7200 Mobile 248-762-1399 Dave Solomon X 1 ' ' Appleton Packing & Gasket Appleton Packing & Gasket 2809 North Conkey Street Phone - 920-731-4487 Fax - 920-731-6622 Barry Prosser X 1 Brunner Enterprises 1 I ill Dexter Axle Dexter Axle 26656 Network Place Chicago, IL 60673 260-636-3033 Vicky Metzer X 1 I' Engman-Taylor Engman-Taylor 3311 E. Capitol Drive Appleton, WI 54912 800-236-3820 Michael West X 1 ' 'Fax: Faster Inc. FASTER INC. 6560 Weatherfield Ct. Maumee, OH 43537 Main Office: 1-800-231-2501 1-888-316-2695 Rachel Hake X 1 • ' ' Fertilizer Dealer Supply Fertilizer Dealer Supply PO Box 500 Philo, IL 61864 800-462-6670 Chris Blakeney X 1 ' Guenther Supply Guenther Supply Inc 429 W llth Street Fond du Lac, WI 54935 Phone - 920-921-0821 Fax - 920-921-5409 Steve Wojahn X 1 ' I Jagemann Plating Co. Jagemann Plating Co. 1324 So. 26th Street Manitowoc, WI 54221 920-682-6883 Joe Denor X 1 ' Kahlenberg Indusrtries Inc. Kahlenberg Industries, Inc. P.O. Box 358, 1700 12th St. Two Rivers, WI 54241 Ph: 920-793-4507 x116 Fx: 920-793-1346 Erick Kahlenberg X 1 laCorporation '0: Kaman Industrial Technologies Corporation Kaman Industrial Technologies 4736 South Taylor Drive, Sheboygan, WI 53081 920-395-7178 1 F: 920-458-2645 Kelly Kilmartin X 1 Kundinger Fluid Power 1 Lisowe Fab Weld & Machine LLC Lisowe Fab, Weld & Machine LLC N2280 Hayton Road New Holstein, WI 53061 920-450-8591 Tel 920-898-5976 Fax Todd Lisowe X 1 I I Logan Clutch Corporation Logan Clutch Corporation Manufacturers of Industrial Clutches and Brakes Tel: (440) 808-4258 Toll Free: (800) 525-8824 Fax: (440) 808-0003 Elyse (Lisa) Logan X 1 I ' Milcut IP Milcut Incorporated N50 W13400 Overview Dr Menomonee Falls, WI 53051 Direct: 262.252.1508 Cell: 262-212-9806 Fax: 262.783.7678 Karl 0. Johnson, Veteran USMC X 1 1 I701 Molded Dimensions Molded Dimensions Sunset Road Port Washington, WI 53074 P: 262/284-9455 x 129 F: 262/284-0696 Sarah Post X 1 111 MSC Industrial Supply MSC Industrial Supply 75 Maxess Road Melville, NY 11747 800-645-7270 X 1 I ' Spies Painting, Inc. Spies Painting, Inc. N8003 Highway 151 Fond du Lac, WI 54937 Ph: (920) 921-7107 Fax: (920) 921-5608 Lisa Schreiber X 1 Steelwind Ind. 1 I ' Baum Machining I Baum Machine Inc. N253 Stoney Brook Rd. Appleton, WI 54915 Phone 920-738-6613 Cell 920-716-3358 Fax 920-738-0571 Duane Felton X 1 ' 110 Centerline Machining and Grinding Centerline Machining & Grinding, LLC 760 Centerline Drive Hobart, WI 54155 920-544-0825 920-544-0576 - Fax Sara L. Dietzen X 1 Suppliers highlighted yellow have not responded. Note: Note: Suppliers who have certification. 1 1 1 1 1 1 t 1 SUBCONTRACTOR LIST To be Submitted with the Bid Proposal SNOW BLOWER and CARRIER VEHICLE PROCUREMENT Project No. 17035 (1) Every invitation to bid on a prime contract that is expected to cost one million dollars or more for the construction, alteration, or repair of any public building or public work of the state or a state agency or municipality as defined under RCW 39.04.010 or an institution of higher education as defined under RCW 28B.10.016 shall require each prime contract Bidder to submit as part of the bid, or within one hour after the published bid submittal time, the names of the subcontractors with whom the Bidder, if awarded the contract, will subcontract for performance of the work of: HVAC (heating, ventilation, and air condition); plumbing as described in chapter 18.106 RCW; and electrical as described in chapter 19.28 RCW, or to name itself for the work. The prime contract Bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the prime contract Bidder must indicate which subcontractor will be used for which alternate. Failure of the prime contract Bidder to submit as part of the bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the prime contract Bidder's bid nonresponsive and, therefore, void. If no subcontractor is listed below, the Bidder acknowledges that it does not intend to use any subcontractor to perform those items of work. Subcontractor Name Jt• -"2-- Categories of Work Subcontractor Name f'J N2. Categories of Work Subcontractor Name NI 0t'Je-- Categories of Work Subcontractor Name N 2 k Categories of Work G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 3-16 1 1 1 1 1 N 1 1 1 1 1 1 1 • 1 CATEGORIES OF WORK BY PRIME CONTRACTOR To be Submitted with the Bid Proposal Categories of work exceeding 10 percent of the contract price to be performed by the prime Contractor must be listed below. ``�� Prime Contractor Name 1k— 1� Caw`'0ke,5 .Jz Categories of Work \ATar---il-LA411-5 VII, PC -CIA- ,N, r-'cs w's55, /,4 I n G \PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 3-17 NON -COLLUSION AFFIDAVIT CITY OF YAKIMA — YAKIMA AIR TERMINAL SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT A.I P NO 3-53-0089-39 HLA PROJECT NO 17035 la,SCOr'JS?11/4i STATE OF WA&MWt?©N ) ss NON -COLLUSION AFFIDAVIT COUNTY OF C' -{wm ) Su.s-A1J rr ISo& , being first duly sworn, on oath says that the bid above submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named, and the said Bidder further says that the said Bidder has not directly or indirectly induced or solicited any Bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said Bidder has not in any manner sought by collusion to secure to themselves an advantage over any other Bidder or Bidders. Signed and sworn to (or affirmed) before me on SL ,1n/ A ,TrrLSa,L) G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 3-18 t34' ,2017, by ata_.(ChLn cf- 461 Notary Public My Appointment Expires -0' --PC , 1 1 1 1 1 1 1 1 1 N 11 1 1 1 1 1 1 1 The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other city contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E -Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E -Verify will be used for newly hired employees during the term of the contract ONLY. it is NOT to be used for existing employees The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The contractor shall sign and return with their bid response the E -Verify Declaration below. Failure to do so may be cause for rejection of bid. E -VERIFY COMPLIANCE DECLARATION The undersigned declares, under penalty of perjury under the laws of Washington State that: 1. By submitting this Declaration, I certify that I do not and will not, during the performance of this contract, employ illegal alien workers, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. 2. I agree to enroll in E -Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. I agree to use E -Verify for all newly hired employees during the length of the contract. 3. I certify that I am duly authorized to sign this declaration on behalf of my company. 4. I acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E -Verify program at any time and that non-compliance could lead to suspension of this contract. Firm Name: Dated this (34-k day of n rs, -m Signature: Printed Name: ,2011. cu,s .J h't• arr»300 Address: M (t. S W ZS!".Ysi+/ 5;3•4 i en► e 2 uJ 6-41.)(5--( 'wt L C S3(., Phone #• tr2 1, cyzn Email Address. !('t5otJ QN'— c'-oN,CJbvk Homeland Secunty's Web Address is: http://www.dhs.gov/e-verify Completed declarations can be mailed to: City of Yakima Purchasing, 129 No. 2"d Street, Yakima, WA 98901, faxed to 509-576-6394 or scanned and emailed to sownby@ci.yakima.wa.us 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BUY AMERICA CERTIFICATION (Title 49 U.S.C. Section 50101) PROJECT NAME: SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT AIRPORT NAME: CITY OF YAKIMA — YAKIMA AIR TERMINAL AIP NUMBER: 3-53-0089-39 CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR MANUFACTURED PRODUCTS As a matter of bid responsiveness, the Bidder or offeror must complete, sign, date, and submit this certification statement with their proposal The Bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a checkmark (/) or the letter ❑ Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by: a) Only installing steel and manufactured products produced in the United States, or; b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or; (c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25 108. ABy selecting this certification statement, the Bidder or offeror agrees 1 To provide to the OWNER evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing US domestic product 3. To furnish US domestic product for any waiver request that the FAA rejects 4 To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. The Bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC § 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 50101(b) By selecting this certification statement, the apparent Bidder or offeror with the apparent low bid agrees 1 To the submit to the OWNER within 15 calendar days of the bid opening, a formal waiver request and required documentation that support the type of waiver being requested. 2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may result in rejection of the proposal. 3 To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA. 4 To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. Required Documentation Type 3 Waiver - The cost of the item components and subcomponents produced in the United States is more that 60% of the cost of all components and subcomponents of the "item" The required documentation for a type 3 waiver is. a) Listing of all product components and subcomponents that are not comprised of 100% US domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart 25 108, products of unknown origin must be considered as non-domestic products in their entirety). b) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture G:\PROJECTS\2017\17035E\SPEC\17035 SPEC docx 3-20 c) Percentage of non-domestic component and subcomponent cost as compared to total "item" component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture. Type 4 Waiver — Total cost of project using US domestic source product exceeds the total project cost using non-domestic product by 25% The required documentation for a type 4 of waiver is a) Detailed cost information for total project using US domestic product b) Detailed cost information for total project using non-domestic product False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code. f\ n —"i 1 k 3 `k1 Date m- 6 r.tivise-) =A1C Company Name G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 3-21 Signature ry I t'(c ►cleva /e5uey Title 1 1 1 1 1 11 1 1 1 1 1 1 • 1 1 BUY AMERICA WAIVER REQUEST Title 49 U S C Section 50101 (b) For Equipment and Vehicles (ARFF and SRE) Procured under the Airport Improvement Program Type of Waiver Request: The Bidder may request a waiver subject to the provisions of Section 50101 (b)(1), Section 50101 (b)(2), Section 50101(b)(3) or Section 50101(b)(4). The OWNER's approval wi.t# of the Bidders request is contingent upon Federal Aviation Administration (FAA) approval with the waiver request. The Bidder must select one of the following applicable waiver provisions Section 50101(b)(1). Bidder hereby requests a waiver to Buy America preferences based upon Section 50101(b)(1). Applying subsection 50101 (a) Preference, would be inconsistent with the public interest. (See approval level below). Section 50101(b)(2). Bidder hereby requests a waiver to Buy America preferences based upon Section 50101(b)(2) The steel and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality (See approval level below). Section 50101(b)(3)• Bidder hereby requests a waiver to Buy America preferences based upon Section 5 101(b)(3). The Bidder further certifies 7/.. % of the cost of components and subcomponents comprising the facility are produced in the United States and that final assembly occurs with the United States. (Bidder must attach a copy of the component cost calculation table) O Section 50101(b)(4) Bidder hereby requests a waiver to Buy America preferences based upon Section 50101(b)(4) The Bidder asserts provision of domestic material increases the cost of the overall project by more than 25% Certification Signature In accordance with Section 50101(b), we request a waiver to the Buy America provisions based on the above certification and attached documentation Signature G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 3-22 -111310 7 Date I M MI MI M IMO M r 1111 N M — M r OM 111111011111 Buy America Waiver Request Title 49 U S C Section 50101 (b)(3) For Airfield Development Projects funded under the Airport Improvement Program COMPONENT COST CALCULATION TABLE (Type 3 Waiver) • In lieu of completing this table, bidder may prepare a spreadsheet that addresses the same information and calculations as presented herein. • Preparation of a Component Cost Calculation Table is not necessary for equipment listed on the FAA national listing: http.//www.faa.gov/airports/aip/procurement/federal contract provisions/media/buy american waiver.xls • The component breakout shall be along major components of the equipment. Submit separate calculation for each different equipment types. Do not combine the component cost calculations of different types of equipment. • For Airfield development projects, equipment is defined as the "L" items (Airfield Lighting Equipment) as listed in FAA Advisory Circular 150/5345-53 and the b) individual bid items as established within FAA Advisory Circular 150/5370-10 The individual bid item method may not be applied to the "L" type items. • An authorized person shall attest under signature and date that the submitted information is accurate and complete. Equipment Type: SN r.) 2rtiQ\) M ed4 .�r,'.�.: :. on .z nts: : `l' , � -.. ... <. _,;:,-.,.-.;_. - .'-� .r; *�.>,.,.,: s, ,_, i. s....��N 'u� a...a.' Q " 'y wr..M ,ofiP, 3t;', .''"�`e,::w.: .,,.,;,. ,,.Narrie,;ofgManufacturer s..., _ ,,.. h:-✓ _.�._ .f....}'� 3 ' : •.k^:..rdt'$ti�i rte, j .m. _.Gountry.of;Ongm�F "R s. .', Cost-oftForei in Manufacfured.<� 9 :i; � ..:.:,._ ...: ,-�n�>c�c�,,x.r<:t a::rv,:, �, �:�Components/Subcomponents a t f . - �.-�b_�:�-� r-=' '_�-:,,�> > :aCost,of=UAiMaiitifactur ti,, .. _ ,S; 5:.. �Components�Suticomporients�. /omponenttSubcomponents.._„ CS -et— 17 k—ake c1 )) Sum of US Manufactured Component/Subcomponent Costs: Sum of all Equipment Components and Subcomponents: Percentage of Equipment Components Manufactured in the United States: Place of Final Assembly: Certification Signature Bidder hereby requests a waiver to Buy America preferences based upon Section 50101(b)(3) for the equipment identified above. The bidder certifies that % of the cost of components and subcomponents comprising the equipment are produced in the United States and that final assembly occurs within the United States. I hereby certify the above information is accurate and complete. vr\.— tS Cop, k;es, "7/i3/11 Date Bidder's Firm Name 1 14, 1 1 1 1 1 1 1 1 1 1 1 1 • 1 Buy America Conformance Listing Title 49 U S C Section 50101 (b) For Airfield Development Projects funded under the Airport Improvement Program • Preparation of a Component Cost Calculation Table is not necessary for equipment listed on the FAA national listing: http.//www.faa.gov/airports/aip/procurement/federal contract provisions/media/buy american waiver.xls • Bidder shall submit a listing of equipment it proposes to install on the project that is included on the current National Buy American conformance list. :�itit lEquipment,Type ;;�Namee`fManufacuicefI.,•ma- '4P:17-6-thief `Number, 4 _ NoNe NItf- NIA Certification Signature: Bidder hereby certifies that the above listed equipment, which we propose for installation on the subject project, are on the current National Buy America Conformance list as established at: http.//www.faa.gov/airports/aip/procurement/federal contract provisions/media/buy american waiver.xls I hereby certify the above information is accurate and complete. ?1'1-3 Coro 1J13II-i Bidder' •/#Ji% Name Date Signature iall _ MN 1 S OM OM r— S MO-- S —6,1111 BUY AMERICAN CONTENT PERCE GE CALCULATION WORKSHEET Company 1\k—?, Ltovvv: V\ t -D,1G, Point of Contact t 4,00 tf :4`{L s4-eo�r (Provide address, Un.Ayt Lot s301Li telephone, fax, a- ' zo <6ca.. ,,,,, N ,,e_ mail) PRODUCT STRUCTURE �� b`''tCa Item: Sgt Multi -Level Bill of Materials FAA Item Number 3 . S3 —c,c)'q— Sri through level 2 only Address of Final Assembly Location: Date. 7113 (11 104 Total Material Cost (5eZp1(i(,c US Content, %' Other, US Origin* Other LevelQuantity (0, 1, 2) Part Number Descriptionz Per Unit Unit of Measure Price/Unit of Measure Price/Unit of Measure Cost/Each Price/Unit of Measure Cost/Each C5t'2. A-t4Prchack j Items Listed in Federal Acquisition Regulation Part 25.104 may be counted as US Origin, however should include note stating that item is exempt in 25 1111111111111 1111 NIS 11111 NMI NIB MB 1111 NB EN MN /I MOM 11111 M -B Companies, Inc. MB4 Chassis and Snow blower Snow Removal Equipment - Snow Blower and Carrier Vehicle Procurement Prepared for City of Yakima, Yakima, WA AIP No 3-53-0089-39 Buy American Country MB4 Quantity Manufacturer Sell Price Each China Indeterminable Sweden Czech Republic Indeterminable Indeterminable Indeterminable Indeterminable QSG engine Tires Frame rails Blower caster tires Electrical controllers, lights, modules Operating control screen Electrical Harnesses Nuts, bolts, fittings Sell price less final assembly, warranty, freight, training Non -USA components USA components 1 Cummins 5 Goodyear 2 GE Mathis Corp 2 Continental 1 Indeterminable 1 Indeterminable 1 Indeterminable 1 Indeterminable Non -USA sell price Each Each Each $ 48,217.50 $ 4,456.16 $ 2,217 50 $ 584.08 $ 4,204.29 $ 2,439 84 $ 3,183 75 $ 1,409 01 $ 66,712 13 $ 476,870 50 $ 66,712 13 $ 410,158 37 Percent USA components 86 0% Final Assembly takes place in Chilton, Wisconsin M -B Companies, Inc 7/17/17 Susan A. Torrison Vice President / Treasurer FAA Office of Airports Planning and Programming Airport Sponsor: City of Yakima, Yakima, WA Job # AIP No. 3-53-0089-39 MB4 Chassis and Snow Blower Buy American Preferences - Final Assembly Questionnaire To assist the Federal Aviation Administration (FAA) in making the determination of whether final assembly of the product occurs in the United States, please complete and submit this questionnaire when requesting a Buy American Waiver under 49 U S C 50101(b)(3)(A) 1. Please provide a description of the assembly process occurring at the specified final location in the United States? Please describe the final assembly process and its various operations? M -B Companies manufactures most of the components used on the proposed product in Chilton, Wisconsin. These components, plus those purchased are brought to the Chilton final assembly area where they are painted as needed, and assembled into the final product. Final assembly includes building the frame assembly, chassis engine assembly, building and installing the cab assembly, the blower assembly, the broom assembly, auxiliary engine assembly, hydraulic system, electrical system including lighting, etc How long does the final assembly process take to complete? Because this information is confidential, we will state that it takes over 600 man-hours for final assembly 2. Please provide a description of the resources used to conduct the assembly of the product at the specified location in the United States? How many employees are involved in the final assembly process and what is the general skill level of those employees? The number of employees in the final assembly process is based on how many units we are assembling at a given time The work is divided among the painters, cab assemblers, electrical workers, and final assemblers Approximately 7-9 employees work on any given unit during assembly What type of equipment is used during the final assembly process? Painting equipment, power and hand tools, hoists and cranes What is a rough estimate of the associated cost to conduct final assembly of the product at the specified location in the United States? Final assembly labor costs represent between 10% and 15% of the total bid price Buy American Preferences - Final Assembly Questionnaire Updated 1/11/2012 APP Page 1 of 1 BUY AMERICAN SUPPORTING DOCUMENTATION To complete a Type III Waiver, the Contractor must provide the FAA the following supporting documentation (1) The steel manufacturer must provide a signed and certified letter stating that any major structural steel used in their equipment is of 100% U.S. origin Small amounts of steel that are used in components and subcomponents, that are not structural steel, may be of foreign origin This would typically consist of nuts, bolts, and clips For these types of steel, the manufacturer must indicate the use of the steel (nuts, bolts, clips, etc.) and must count this steel as non-U.S origin when completing the Content Percentage Calculation Form The certified letter required above must be from the steel manufacturer unless the equipment manufacturer produces their own steel G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 3-27 1 RussLLIAMS BAHCALL el Metals 1 1 January 10, 2017 Russell Thiel PIC Manager M -B Companies — Airport Maintenance Products 1 1200 Park St Chilton, WI 53014 1 Russ: The purpose of this letter is to confirm that if M -B Companies requests USA Mill sourced materials, we will provide only USA sourced materials, along with Mill Certs for the materials purchased. All purchases are subject to Russel Metals Williams Bahcall Inc terms and conditions. 1 1 1 1 1 1 1 1 999 West Armour Avenue, Milwaukee WI 53221 (414) 481-7100 Regards, Steve DeBot Controller 1 1 ISCONSI N • STEEL & TUBE 1 1 1 1 1 1 1 1 1 1 1 1 CORPORATION January 10`h, 2017 Christopher Stutzman Senior Buyer/Production Planner M -B Companies —Airport Maintenance Products 1200 Park Street Chilton, WI 53014 RE: FAA "Buy American" Requirements 1555 N. Mayfair Road Milwaukee, WI 53226 Telephone 414 453.4441 1800.279.8335 Fax 414.453.0789 Dear Mr. Stutzman, In response to your request that Wisconsin Steel and Tube Corporation (WS&T) be able to provide steel products from only US sources when specified by the Purchase Order, we are able to comply. WS&T does currently maintain records for the country of origin for the stock we distribute. Orders will be reviewed at time of entry for the requirement, and the COO of the stock on -hand. The sales representative will inform M -B via conformation that WS&T has US stock to fill the order or if there will be a delay while US stock if procured is it not currently in stock. Please direct any further questions to Steve Lewis. Regards, M �c_e Michele Jashinski Sales Manager Wisconsin Steel & Tube Corporation TE SI STEM. 8.TUBBs Michele Jashinski Sales Manager Direct 414-256-8142 Cell 414-840-1204 Main 414-453-4441 Fax 414-453-0789 Toll Free 803-279.8335 M ich eleJQwisteellube. com wlsteellube.com YOUR PARTNER IN PRODUCTION 2.9.17 Chris Stutzman Senior Buyer/Production Planner M -B Companies -Airport Maintenance Products 1200 Park Street Chilton, WI 53014 Good Morning Chris, Lapham-Hickey Steel will adhere to the request from M -B Companies to supply American or US Steel Products when requested. Lapham-Hickey reserves the right to review any and all orders that require to have a specific Country of Origin to verify stock is available at time of order. Lapham-Hickey will let M -B Company know if there are any concerns with a Purchase Order and the Country of Origin. All orders and quotes from Lapham-Hickey are subject to the Lapham-Hickey Steel terms and conditions. Best Regards, Steve Ford Jr Account Manager 920-376-0964 SECTION 4 - CONTRACT AND RELATED MATERIALS G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 4-1 CONTRACT THIS AGREEMENT, made and entered into this / fly" -day of JafitOry 201e by and between THE YAKIMA AIR TERMINAL, an agency of the City of Yakima, hereinafter called the OWNER, and 04- /3 64400,4k/ /A(C - , hereinafter called the Contractor, WITNESSETH: Said Contractor in consideration of the sum to be paid him by the said OWNER and of the covenants and agreements herein contained, hereby agrees at his own proper cost and expense to do all the work and furnish all materials, tools, labor, and all appliances, machinery, and appurtenances for: The City of Yakima, Yakima Air Terminal, A.I P PROJECT NO 3-53-0089-39, SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT, to the extent of the proposal made by the Contractor and agreed to by the OWNER dated the Nit- day of IJr7/ j 201 all in full compliance with the Contract Documents referred to herein The "Invitation to Bid," the "Instructions to Bidders," the signed copy of the "Proposal," the "Bid Bond," the fully executed "Performance Bond" and "Payment Bond," the "General Provisions," the "Supplementary Conditions," the "Specifications," and the "Plans," are hereby referred to and by reference made a part of this agreement as fully and completely as if the same were fully set forth herein and are mutually coopera- tive therewith In consideration of the faithful performance of the work herein embraced, as set forth in these Contract Documents, and in accordance with the direction of the Engineer and to OWNER's satisfaction to the extent provided in the Contract Documents, the OWNER agrees to pay to the Contractor the amount bid as adjusted in accordance with the proposal as determined by the Contract Documents and specified by the OWNER or as otherwise herein provided, and based on the said proposal made by the Contractor and to make such payments in the manner and times provided in the Contract Documents. The Contractor agrees to complete the work within the time specified herein and to accept as full payment hereunder the amounts computed as determined by the Contract Documents and based on the said proposal The Contractor agrees to defend, indemnify, and save harmless the OWNER from any and all defects appearing or developing in the materials furnished and the workmanship performed under this CONTRACT for a period of one year after the date of final acceptance of the work in the CONTRACT by the Yakima Air Terminal The provisions contained in these Contract Documents relating to prevailing wage rates are made a part of this CONTRACT as completely as if the same were fully set forth herein It is agreed the time limit for completion of all work on this CONTRACT, based upon the proposal and as specified by the OWNER, shall be the number of calendar days after the date of the OWNER's written Notice to Proceed In the event the Contractor shall fail to complete the work within the time limit or the extended time limit agreed upon, as more specifically set forth in the Contract Documents, liquidated damages shall be paid at the rate of $500.00 per calendar day. Sundays and legal holidays shall be excluded in determining days in default. In the event of litigation to enforce the rights and obligations hereunder, venue shall lie in Yakima County Superior Court, and the prevailing parties shall be entitled to reasonable attorney's fees in addition to court costs. G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 4-2 In WIESS WHEREOF, we the parties thereto, each herewith subscribe the same this n 141 , 20 OWNER: City of Yakima, Washington By. Name Cliff Moore City Manager CITY CONTRACT NO: (201e-02.0 RESOLUTION NO: '-01:217- CONTRACTOR: -a1:217- CONTRACTOR: By: Name. (SEAL) ATTEST' /f0--- day of Son a Claar Tee City Clerk (SEAL) ATTEST. (Please Print or Type) Address. I(� LS lk CAS.. „J Au/Q_, jU e t- 9(,5--eN.J 5 30(o1 Phone Fax: 2,6 349 ata D.q G:\PROJECTS12017\17035E\SPEC117035 SPEC.docx 4-3 ,}e4C) Name: -[ Qt) D: l� vLe �eJ (Please Print or Type) Bond#106853828 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, M -B Companies, Inc. , as PRINCIPAL, and Travelers Casualty and Surety Company of America , a corporation duly authorized to act as a SURETY company in Washington, as SURETY, are jointly and severally held and bound unto the Yakima Air Terminal, an agency of the City of Yakima, to the Yakima Air Terminal in the penal SUM of Six Hundred Thirty Six Four Hundred Six and 43/100 Dollars ($636,406.43 ) for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators, or personal representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinances of the Yakima Air Terminal, City of Yakima. Dated at if 4 kip,' ti. , Washington, this ._19 day of J 121-e4d y' 201 Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to Ordinance (or Resolution) No. R'20n�of the City of Yakima, passed OP'e,, , 2017, the City Manager of said Yakima Air Terminal has let or is about to let to the said M -B Companies, Inc. the above bounden Principal, a certain CONTRACT, the said CONTRACT providing for the construction of YAKIMA AIR TERMINAL, A.I.P. NO. 3-53-0089-39, SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT, (which CONTRACT is referred to herein and is made a part hereof as though attached hereto); WHEREAS, the said Principal has accepted, or is about to accept, the said CONTRACT, and undertake to perform the work therein provided for in the manner and within the time set forth; and WHEREAS, for value received, the SURETY hereby agrees that no change, extension of time, alteration or addition to the terms of the CONTRACT or the work to be performed there under, or the Specifications accompanying the same shall in any way affect its obligations hereunder, and the SURETY expressly waives notice of any such change, extension, alteration, or addition. Nonpayment of the bond premium will not invalidate this bond nor shall the OWNER be obligated for the payment thereof. NOW, THEREFORE, if the said M -B Companies, Inc. shall faithfully perform all of the provisions of said CONTRACT in the manner and within the time therein set forth, or within such extensions of time as may be granted under said CONTRACT, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply said principal or subcon- tractors with provisions and supplies for the carrying on of said work, and shall indemnify and hold the Yakima Air Terminal harmless from any damage or expense by reason of failure of performance as specified in said CONTRACT or from defects appearing or developing in the material or workmanship provided or performed under said CONTRACT within a period of one year after its acceptance thereof by the Yakima Air Terminal, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. Approved as to legality: Approved: cue. c y '4-17,e.1 ( '-+L". IN WITNESS WHEREOF, the parties hereto have caused this Bond to be executed in Naperville, IL this 9th day of January, 2018. , 2 t x G:\PROJECTS\ 2017\ 17035E\SPEC\17035 SPEC.docx 4-4 PRINCIPAL: M -B Companies, Inc. By 60,-(1),Jt, Title V I 1 Resicieit Attest: SURETY: Travelers Casualty and Syr.gtotC15illpegy, of America ..���D , oma: y Kathleen Stewart, Attorney i7/4014- 4,ct ttorne ict �� CONN. ! ORD,,t 3 oc o _ ,,,,,,,, Secretary (;ON 1 -005f -- The Attorney -in -Fact who executes this bond on behalf of the SURETY company must attach a copy of his power-of-attorney as evidence of his authority. To each executed original of this bond there must be attached a complete set of the "Contract Documents," as the term is defined in the Supplementary Conditions with all corrections, interlineations, signatures, etc., completely reproduced therein. G:\PROJECTS12017\t7035E\SPEC\17035 SPEC .docx 4-5 PAYMENT BOND Bond Number #106853828 KNOW ALL MEN BY THESE PRESENTS That M -B Companies, Inc. , as PRINCIPAL, hereinafter called PRINCIPAL, and Travelers Casualty an Surety cuinpdny ufA�T1aIcorporation organized and existing under the laws of the State of Washington, as SURETY, hereinafter called SURETY, are held and firmly bound unto the Yakima Air Terminal, an agency of the City of Yakima, as OBLIGEE, hereinafter called OWNER, for the use and benefit of claimants as herein below defined, in the amount of Six Hundred Thirty Six Four Hundred Six and 43/100Dollars (� 636,406.43 ), for the payment whereof PRINCIPAL and SURETY bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, PRINCIPAL has by written agreement dated 3-441' - /'7 2010, entered into a CONTRACT with OWNER for construction of A.I P. PROJECT NO. 3-53-0689-39, SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT in accordance with Drawings and Specifications prepared by HLA Engineering and Land Surveying, Inc. (HLA) dated June 2017, which CONTRACT is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the PRINCIPAL shall promptly make payment to all claimants as hereinafter defined, for all labor and materials used or reasonably required for use in the performance of the CONTRACT, then this obligation shall be void; otherwise, it shall remain in full force and effect, subject, however, to the following conditions: 1 A claimant is defined as one having a direct contact with the Principal or with a subcontractor of the Principal for labor, materials, or both, used or reasonably required for use in the performance of the CONTRACT, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the CONTRACT. 2 The above named Principal and SURETY hereby jointly and severally agree with the OWNER that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or per- formed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon The OWNER shall not be liable for the payment of any costs or expenses of such suit. 3 No suit or action shall be commenced hereunder by any claimant. a. Unless claimant, other than one having a direct contact with the Principal, shall have given written notice to any two of the following. the Principal, the OWNER, or the SURETY above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, OWNER, or SURETY at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State of Washington, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which principal ceased work on said CONTRACT, it being understood, however, that if any limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. G:\PROJECTS12017\17035E\SPEC117035 SPEC.dccx 4-6 c. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by SURETY of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this sth Witness (SEAL) Notes: day of January 2018 , In the presence of: M -B Companies, Inc. By�C�' Principal In rnitno cit' Travelers Casualty and Surety Company of America B ,rso ll SURETY Kathleen Stewart, 3arrcbRD, S� Cre.', CONN. 1. Date of Payment Bond must not be prior to the date of the Agreement. (I , "o7ontra *-i a Partnership, all partners should execute the Bond).„ elgpu� 1U�NIN1 2. The current power of attorney of the person who signs for any SURETY company shall be attached to the Bond. G:IPROJECTS12017\17035E1SPEC117035 SPEC.docx 4-7 TRAVELERS Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Kathleen Stewart of Chicago/Naperville, Illinois, their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. State of Connecticut By - City of Hartford ss. Robert L. Raney, Senor Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 Marie C Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows. RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers �giaawiliy„pnd Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do here fglii@•4bove and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force an, _ S. lit v HARTFORD,\ '_ �. : CONN. 'o IIttYY s Dated this 9th day of January 2018 Kevin Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney -in -Fact and the details of the bond to which the power is attached. ' 1/9/2018 https://fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=10 Tier tools Agent and Company Lookup Orders Independent Review Decisions TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Change History 1 Licensing, 1 Appointments 1 Complaints 1 Orders :back to.search. National Info 1 Ratings Tax Filings General information Contact information Name: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Corporate family group: TRAVELERS GRP J Organization type: PROPERTY Doing Business As (DBA): Unavailable WAOIC: 10 NAIC: 31194 Status: ACTIVE Admitted date: 04/01/1977 Ownership type: STOCK "bac [q cgs Company change history r View changes back co tcp. Registered address ONE TOWER SQUARE HARTFORD, CT 06183 Telephone 860-277-0111 Types of coverage authorized to sell o Insurance types Casualty Marine Ocean Marine Property Surety Vehicle back t� top Agents and agencies that represent this (Appointments) View agents back tg .. View agencies 0 company Mailing address ONE TOWER SQUARE HARTFORD, CT 06183 Telephone 860-277-0111 https.//fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=10 1/2 1/9/2018 https://fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=10 Company complaint history View complaints] _ack �o tcg Orders issued since 2010 No orders are found PAs: - r9 top Premium tax filings by tax year 2016 2015 2014 2013 back to National information on insurance companies Want more information about this company? The NAIC's Consumer_Informption (CIS) page allows you to retrieve national financial and complaint information on insurance companies, plus has information and tips to help you understand current insurance issues. i bark to too Ratings by financial organizations The following organizations rate insurance companies on their financial strength and stability. Some of these companies charge for their services. A.M. Best !Weiss Group Ratings Standard and Pool's Corp Moody's_InvestorsService ;Fitch IBCA, Duff and Phelps Ratings Disclaimer: Links to external or third -party websites are provided solely for visitors' convenience. Links you take to other sites are done so at your own risk and our office accepts no liability for any external linked sites or their content. Be aware that not all financial rating companies use the same rating processes. ^ beck to ao https.//fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=10 2/2' Ns ACORO® CERTIFICATE OF LIABILITY INSURANCE `------ DATE(MM/DD/YYYY) 1/12/2018 '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. ' 'INSURER ' 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 Ansay & Associates, LLC GB 419 South Washington Street PO Box 22368 Green Bay WI 54305 CONTACT Debra Enigl PHONE FAX (AIC No Ext): 920-370-4240 (A/c, No): 920-437-4179 A ADDR DREss: debra.enigaansay com INSURER(S) AFFORDING COVERAGE NAIC # A Travelers Indemnity Co 25658 INSURED M -B COMPAN M -B Companies, Inc. Sue Torrison PO Box 200 New Holstein WI 53061 INSURER B Travelers Property Casualty Company of America EACH OCCURRENCE 25674 25615 INSURER C . The Charter Oak Fire Insurance Company INSURER D . INSURER E . CLAIMS -MADE INSURER F . OCCUR 1 1 1 1 1 1 1 1 1 1 1 1 ACORD 25 (2010/05) 1 COVERAGES CERTIFICATE NUMBER. • 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 INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY Y Y 6303517A303 7/1/2017 7/1/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE TO PREMISES (Ea occurrence) $ 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY I X I E I LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ C AUTOMOBILE X X - LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS Y Y BA3517A315 7/1/2017 7/1/2018 COMBINED SINGLE LIMIT (Ea accident) $ 1.000.000 BODILY INJURY (Per person) $ BODILY INJURY(Per accident)$ PROPERTY DAMAGE (Per accident) $ $ B X X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y Y CUP3517A327 7/1/2017 7/1/2018 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED X RETENTION $ 0 $ B A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A Y UB3517A340 UB3517A339 7/1/2017 7/1/2017 7/1/2018X WC STATU- OTH- 7/1/2018 TORY LIMITS I ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Garagekeepers Coverage Policy #BA -3517A315 effective 7-1-17-18 Deductibles $1,000 Comprehensive/$1,000 Collision 1615 Wisconsin Ave., New Holstein, WI Limit $300,000; 1200 Park St., Chilton, WI Limit $1,000,000; 95 Blessing Road, Muncy, PA Limit $750,000; 2490 Ewald Ave SE, Salem, OR $500,000 City of Yakima, its employees, agents, elected and appointed officials, HLA Engineering & Land Surveying, Inc. (HLA) are included in liability policy as additional insured's, primary/noncontributory, general Aggregate Limit Applies Per Project. Umbrella policy follows underlying. A minimum 30 -day prior written notice to or cancellation or reduction of coverage applies to general liability, auto & umbrella liability policies. regarding Project Description. A.I.P NO 3-53-0089-39, SNOW REMOVAL EQUIPMENT - SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT -HLA Project No 17035 CANCELLATION City of Yakima Yakima Air Terminal 2406 West Washington Ave., Suite B Yakima WA 98903 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 JU 1 (-)._Pt < © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER. 6303517A303 ISSUE DATE. 1/12/18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following. ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 PERSON OR ORGANIZATION: ADDRESS: City of Yakima Yakima Air Terminal 2406 West Washington Ave., Suite B Yakima, WA 98903 PROVISIONS: If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule IL T4 05 03 11 above We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. © 2011 The Travelers Indemnity Company All rights reserved. Page 1 of 1 POLICY NUMBER. BA3517A315 ISSUE DATE. 1/12/18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 PERSON OR ORGANIZATION: ADDRESS: City of Yakima Yakima Air Terminal 2406 West Washington Ave , Suite B Yakima, WA 98903 PROVISIONS: If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule ILT4050311 above We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation © 2011 The Travelers Indemnity Company All rights reserved. Page 1 of 1 POLICY NUMBER: CUP3517A327 ISSUE DATE. 1/12/18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 PERSON OR ORGANIZATION: ADDRESS: City of Yakima Yakima Air Terminal 2406 West Washington Ave., Suite B Yakima, WA 98903 PROVISIONS: If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule ILT4050311 above We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation © 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 1/9/2018 https://fortress.wa.gov/oic/consumertoolkit/Company/ComPanyProfile.asPx?WAOIC=1323 SL. 0011S Agent and Company Lookup Orders Independent Review Decisions TRAVELERS INDEMNITY COMPANY THE Change History 1 Licensing 1 Appointments 1 General information Name: TRAVELERS INDEMNITY COMPANY THE Corporate family group: TRAVELERS GRP. Organization type: PROPERTY Doing Business As (DBA): Unavailable WAOIC: 1323 NAIC: 25658 Status: ACTIVE Admitted date: 11/27/1916 Ownership type: STOCK P41? to t9.2. Company change history 0 View changes cc.? 19J ComRlaints 1 Orders 1 National Info 1 RatirIgs I Tax fillpg5 Back to Search Contact information Registered address 0 ONE TOWER SQUARE HARTFORD, CT 06183-9070 Mailing address ONE TOWER SQUARE HARTFORD, CT 06183-9070 Telephone Telephone 860-277-0111 860-277-0111 Types of coverage authorized to sell 0 Insurance types iCasualty IMarine Ocean Marine Property ISurety Vehicle Agents and agencies that represent this company (Appointments) 0 View agents I View agencies to top Company complaint history o View coenplaints.1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 https.//fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOIO=1323 1/21 ge 1/9/2018 73CK 'Q 101, Orders issued since 2010 https://fortress.wa.gov/oic/consu mertoolkit/Company/Com panyProfil e. aspx?WADI C=1323 No orders are found 2!. :) t()p 0 Premium tax filings by tax year 0 2016 2015 2014 2013 back to to National information on insurance companies Want more information about this company? The NAIC's Consumer Information (CIS) .page allows you to retrieve national financial and complaint information on insurance companies, plus has information and tips to help you understand current insurance issues. " back to taa Ratings by financial organizations The following organizations rate insurance companies on their financial strength and stability. Some of these companies charge for their services. A.M. Best Weiss Group Ratings Standard and Poor's Corp Moody's Investors Service Fitch IBCA, Duff and Phelps Ratings Disclaimer: Links to external or third -party websites are provided solely for visitors' convenience. Links you take to other sites are done so at your own risk and our office accepts no liability for any external linked sites or their content. Be aware that not all financial rating companies use the same rating processes. ba.k lo'..o, https.//fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=1323 2/2 1/9/2018 https://fortress.wa.gov/oic/consu mertool kit/Compan y/Com panyProfil e. aspx?WADI C=1320 Agent and Company Lookup Orders Independent Review Decisions TRAVELERS PROPERTY CASUALTY COMPANY OF AM ERICA 1 Licensing, I Appointments 1 Complaints 1 Orders 1 National Info 1 Ratings 1 Tax Filings Change History Back to Search I General information Name: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA Corporate family group: TRAVELERS GRP Organization type: PROPERTY Doing Business As (DBA): Unavailable WAOIC: 1320 NAIC: 25674 Status: ACTIVE Admitted date: 10/11/1974 Ownership type: STOCK .................. Company change history r View changes J Contact information Registered address ONE TOWER SQ HARTFORD, CT 06183 Telephone 860-027-7011 Types of coverage authorized to sell o [Insurance types ;Casualty (Marine Ocean Marine Property !Surety Vehicle Agents and agencies that represent this company (Appointments) o View agents I View agencies Mailing address ONE TOWER SQUARE HARTFORD, CT 06183 Telephone 860-027-7011 https.//fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=1320 1 /2' 1/9/2018 https://fortress.wa.gov/oic/consu mertool kit/Company/Com panyProfil e. aspx?WADI C=1320 Company complaint history o View complaints .Ick !c tip Orders issued since 2010 No orders are found Premium tax filings by tax year 2016 2015 2014 2013 back to ta" 0 National information on insurance companies Want more information about this company? The NAIC's Consumer Information (CIS)_.page allows you to retrieve national financial and complaint information on insurance companies, plus has information and tips to help you understand current insurance issues. back to tao Ratings by financial organizations The following organizations rate insurance companies on their financial strength and stability. Some of these companies charge for their services. IA.M. Best 'Weiss Group Ratings Standard and Poor's Corp Moody'sInvestors Service Fitch IBCA, Duff and Phelps Ratings Disclaimer: Links to external or third -party websites are provided solely for visitors' convenience. Links you take to other sites are done so at your own risk and our office accepts no liability for any external linked sites or their content. Be aware that not all financial rating companies use the same rating processes. back to coo https.//fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=1320 2/2 1/9/2018 https://fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=253 Agent and Company Lookup Orders Independent Review Decisions CHARTER OAK FIRE INSURANCE COMPANY THE Change History 1 Licensing 1 Appointments 1 Complaints 1 Orders 1 National Info 1 Ratings i Tax Filings Back to Search General information Contact information Name: CHARTER OAK FIRE INSURANCE COMPANY THE Registered address Corporate family group: TRAVELERS GRP_ 0 ONE TOWER SQUARE Organization type: PROPERTY HARTFORD, CT 06183-907 Doing Business As (DBA): Unavailable WAOIC: 253 NAIC: 25615 Status: ACTIVE Admitted date: 01/02/1936 Ownership type: STOCK to -co Company change history o View changes Telephone 860-277-0111 Types of coverage authorized to sell o Insurance types Casualty 'Marine Ocean Marine !Property .Surety !Vehicle '� hack to tap Mailing address ONE TOWER SQUARE 0 HARTFORD, CT 06183-9070 Telephone 860-277-0111 Agents and agencies that represent this company (Appointments) 0 View agents.1 ^ hack to tr,p View agencies Company complaint history 0 View complaints] https.//fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=253 1/2 I 1/9/2018 ^ back to top Orders issued since 2010 No orders are found ^ p,3 Ltc.t9.p https://fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOI C=253 Premium tax filings by tax year 0 2016 2015 2014 2013 Ni5?-t+tui National information on insurance companies Want more information about this company? The NAIC's Consumer Information (CIS), page allows you to retrieve national financial and complaint information on insurance companies, plus has information and tips to help you understand current insurance issues. bark to t9.y Ratings by financial organizations The following organizations rate insurance companies on their financial strength and stability. Some of these companies charge for their services. `A. M. Best Weiss, Grou;P..,Ratin^gs_.._. jStandard and Poor's Corp !Moody's Investors Service !Fitch IBCA, Duff and PhelpsRatings j Disclaimer: Links to external or third -party websites are provided solely for visitors' convenience. Links you take to other sites are done so at your own risk and our office accepts no liability for any external linked sites or their content. Be aware that not all financial rating companies use the same rating processes. P�H 1..91,Y15, https.//fortress.wa.gov/oic/consumertoolkit/Company/CompanyProfile.aspx?WAOIC=253 2/2 SECTION 5 - LABOR STANDARDS AND WAGE RATE CONDITIONS (NOT USED) G:\PROJECTS\2017\17035E\SPEC117035 SPEC.docx 5-1 SECTION 6 - FAA GENERAL PROVISIONS c G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-1 FAA GENERAL PROVISIONS These provisions shall govern the general construction and administration of this contract unless otherwise directed. Section No. 6 FAA General Provisions is reprinted from Division I, General Provisions, of the "Standard for Specifying Construction of Airports," Edition of May 13, 2016, as amended, published by the Federal Aviation Administration, including AC 150/5370-1OG G \PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-2 SECTION 10 - DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the contract, or in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows: 10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO. 10-02 Access road The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway 10-03 Advertisement. A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 Airport Improvement Program (AIP). A grant-in-aid program, administered by the Federal Aviation Administration (FAA) 10-05 Air operations area (AOA) For the purpose of these specifications, the term air operations area (AOA) shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10-06 Airport. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft; an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; and airport buildings and facilities located in any of these areas, and includes a heliport. 10-07 ASTM International (ASTM) Formerly known as the American Society for Testing and Materials (ASTM). 10-08 Award The Owner's notice to the successful Bidder of the acceptance of the submitted bid. 10-09 Bidder Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated 10-10 Building area An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights-of-way together with all airport buildings and facilities located thereon 10-11 Calendar day. Every day shown on the calendar 10-12 Change order. A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, must be within the scope of the contract. 10-13 Contract. The written agreement covering the work to be performed. The awarded contract shall include, but is not limited to. Advertisement, Contract Form, Proposal, Performance Bond, Payment Bond, any required insurance certificates, Specifications, Plans, and any addenda issued to Bidders 10-14 Contract item (pay item) A specific unit of work for which a price is provided in the contract. 10-15 Contract time. The number of calendar days or working days, stated in the proposal, allowed for completion of the contract, including authorized time extensions If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-3 10-16 Contractor The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work. 10-17 Contractor's laboratory. The Contractor's quality control organization in accordance with the Contractor Quality Control Program 10-18 Construction Safety and Phasing Plan (CSPP). The overall plan for safety and phasing of a construction project developed by the airport operator, or developed by the airport operator's consultant and approved by the airport operator It is included in the invitation for bids and becomes part of the project specifications 10-19 Drainage system The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area 10-20 Engineer The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for engineering, inspection, and observation of the of the contract work and acting directly or through an authorized representative 10-21 Equipment. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work 10-22 Extra work. An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Engineer to be necessary to complete the work within the intended scope of the contract as previously modified 10-23 FAA. The Federal Aviation Administration of the U S Department of Transportation When used to designate a person, FAA shall mean the Administrator or his or her duly authorized representative 10-24 Federal specifications The Federal Specifications and Standards, Commercial Item Descriptions, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. 10-25 Force account. Force account work is planning, engineering, or construction work done by the Sponsor's employees 10-26 Inspector An authorized representative of the Engineer assigned to make all necessary inspections, observations and/or observation of test of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. 10-27 Intention of terms Whenever, in these specifications or on the plans, the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended, and similarly, the words "approved," "acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the Owner Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference 10-28 Laboratory The official testing laboratories of the Owner or such other laboratories as may be designated by the Engineer Also referred to as "Engineer's Laboratory" or "quality assurance laboratory " 10-29 Lighting A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface G \PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-4 10-30 Major and minor contract items A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20% of the total amount of the award contract. All other items shall be considered minor contract items 10-31 Materials. Any substance specified for use in the construction of the contract work. 10-32 Notice to Proceed (NTP) A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins 10-33 Owner. The term "Owner" shall mean the party of the first part or the contracting agency signatory to the contract. Where the term "Owner" is capitalized in this document, it shall mean airport Sponsor only 10-34 Passenger Facility Charge (PFC). Per 14 CFR Part 158 and 49 USC § 40117, a PFC is a charge imposed by a public agency on passengers enplaned at a commercial service airport it controls " 10-35 Pavement. The combined surface course, base course, and subbase course, if any, considered as a single unit. 10-36 Payment bond The approved form of security furnished by the Contractor and his or her surety as a guaranty that the Contractor will pay in full all bills and accounts for materials and labor used in the construction of the work 10-37 Performance bond The approved form of security furnished by the Contractor and his or her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract. 10-38 Plans. The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the contract, supplementary to the specifications 10-39 Project. The agreed scope of work for accomplishing specific airport development with respect to a particular airport. 10-40 Proposal The written offer of the Bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications 10-41 Proposal guaranty. The security furnished with a proposal to guarantee that the Bidder will enter into a contract if his or her proposal is accepted by the Owner. 10-42 Runway The area on the airport prepared for the landing and takeoff of aircraft. 10-43 Specifications. A part of the contract containing the written directions and requirements for completing the contract work Standards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if included in the contract physically 10-44 Sponsor. A Sponsor is defined in 49 USC § 47102(24) as a public agency that submits to the FAA for an AIP grant; or a private Owner of a public -use airport that submits to the FAA an application for an AIP grant for the airport. 10-45 Structures Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines, water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers, flexible and rigid pavements; navigational aids, buildings, vaults, and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein 10-46 Subgrade The soil that forms the pavement foundation G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-5 10-47 Superintendent. The Contractor's executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction. 10-48 Supplemental agreement. A written agreement between the Contractor and the Owner covering (1) work that would increase or decrease the total amount of the awarded contract, or any major contract item, by more than 25%, such increased or decreased work being within the scope of the originally awarded contract; or (2) work that is not within the scope of the originally awarded contract. 10-49 Surety. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds that are furnished to the Owner by the Contractor 10-50 Taxiway For the purpose of this document, the term taxiway means the portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport's runways, aircraft parking areas, and terminal areas 10-51 Work The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor's performance of all duties and obligations imposed by the contract, plans, and specifications 10-52 Working day A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least six (6) hours toward completion of the contract. When work is suspended for causes beyond the Contractor's control, it will not be counted as a working day Saturdays, Sundays and holidays on which the Contractor's forces engage in regular work will be considered as working days The following additional terms are defined to provide additional clarification 10-53 Definitions Addenda — Written and/or graphic instruments issued prior to the opening of bids that clarify, correct of change the bidding documents or the Contract Documents Agreement — The written Agreement between the OWNER and Contractor covering the work to be performed Other Contract Documents may be attached to the Agreement and made a part thereof as provided therein Application For Payment — The form accepted by the Engineer which is to be used by the Contractor in requesting progress or final payments and which is to include such supporting documentation as required by the Contract Documents Bid — The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the work to be performed Bonds — Bid, performance and payment bonds and other instruments of security. Contract Documents — The Agreement, addenda (which pertain to the Contract Documents), Contractor's bid (including documentation accompanying the bid and any post -bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the bonds, these general conditions, the supplemental general conditions, the specifications, the drawings as the same are more specifically identified in the Agreement, together with all modifications issued after the execution of the Agreement. Contract Price — The moneys payable by the OWNER to the Contractor under the Contract Documents as stated in the Agreement. Contract Time — The number of days or the date stated in the agreement for the completion of the work Day — A calendar day of twenty-four (24) hours measured from midnight to the next midnight. G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-6 Defective — An adjective which when modifying the word work refers to work that is, in the Engineer's opinion, unsatisfactory, faulty or deficient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to the Engineer's recommendation of final payment. Drawings — The drawings which show the character and scope of the work to be performed and which have been prepared or approved by the Engineer and are referred to in the Contract Documents Effective Date of The Agreement — The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. Engineer — HLA Engineering and Land Surveying, Inc , 2803 River Road, Yakima, WA 98902 Field Order — A written order issued by the Engineer which orders minor changes in the work but which does not involve a change in the contract price or the contract time. Modification — (1) A written amendment of the Contract Documents signed by both parties, (2) a change order, or (3) a field order A modification may only be issued after the effective date of the Agreement. Notice of Award — The written notice by the OWNER to the apparent successful Bidder stating that upon compliance by the apparent successfully Bidder with the conditions precedent enumerated therein, within the time specified, the OWNER will sign and deliver the Agreement. Owner — The public body or authority, corporation, association, partnership, or individual with whom the Contractor has entered into the Agreement and for whom the work is to be provided Resident Project Representative — The authorized representative of the Engineer who is assigned to the project or any part thereof. Shop Drawings — All drawings, diagrams, illustrations, schedule and other data which are specifically prepared by the Contractor a subcontractor, manufacturer, fabricator, supplier, or distributor to illustrate some portion of the work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a manufacturer, fabricator, supplier or distributor and submitted by the Contractor to illustrate material or equipment for some portion of the work Subcontractor — An individual, firm or corporation having a direct contact with the Contractor or with any other subcontractor for the performance of a part of the work at the site Substantial Completion — The date at which the work, or a specified part thereof, has progressed to the point where in the opinion of the Engineer as evidenced by his definitive acknowledgment of substantial completion, it is sufficiently complete, in accordance with the Contract Documents, so that the work (or specified part) can be utilized for the purposes for which it was intended, of if there be no such acknowledgment issued, when final payment is due in accordance with section 14.13 the terms "substantially complete" and "substantially completed" as applied to any work refer to substantial completion thereof. END OF SECTION 10 G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-7 SECTION 20 - PROPOSAL REQUIREMENTS AND CONDITIONS 20-01 Advertisement (Notice to Bidders). 20-02 Qualification of Bidders. Each Bidder shall furnish the Owner satisfactory evidence of his or her competency to perform the proposed work. Such evidence of competency, unless otherwise specified, shall consist of statements covering the Bidder's past experience on similar work, a list of equipment that would be available for the work, and a list of key personnel that would be available. In addition, each Bidder shall furnish the Owner satisfactory evidence of his or her financial responsibility. Such evidence of financial responsibility, unless otherwise specified, shall consist of a confidential statement or report of the Bidder's financial resources and liabilities as of the last calendar year or the Bidder's last fiscal year Such statements or reports shall be certified by a public accountant. At the time of submitting such financial statements or reports, the Bidder shall further certify whether his or her financial responsibility is approximately the same as stated or reported by the public accountant. If the Bidder's financial responsibility has changed, the Bidder shall qualify the public accountant's statement or report to reflect the Bidder's true financial condition at the time such qualified statement or report is submitted to the Owner. Unless otherwise specified, a Bidder may submit evidence that he or she is prequalified with the State Highway Division and is on the current "Bidder's list" of the state in which the proposed work is located. Such evidence of State Highway Division prequalification may be submitted as evidence of financial responsibility in lieu of the certified statements or reports specified above Each Bidder shall submit "evidence of competency" and "evidence of financial responsibility" to the Owner at the time of bid opening. Additional Contractor Prequalification Submittals: Evidence of prequalification by Washington State Department of Transportation shall be accepted only for evidence of the Contractor's financial responsibility to perform the proposed work. All other evidence required in section 20-02 of the FAA General Provisions and the following supplemental submittal requirements for evaluation and determination for prequalification. a. The Contractor's organization chart. The chart shall show the Contractor's organization structure and outline the process of dissemination of decisions, information and communication for daily work. b The Contractor's product quality control plan. The plan should identify quality control procedures and practices in place and frequency of performance The plan shall identify personnel and their duties in implementing the plan. 20-03 Contents of proposal forms. The Owner shall furnish Bidders with proposal forms. All papers bound with or attached to the proposal forms are necessary parts and must not be detached The plans, specifications, and other documents designated in the proposal form shall be considered a part of the proposal whether attached or not. 20-04 Issuance of proposal forms. The Owner reserves the right to refuse to issue a proposal form to a prospective Bidder should such Bidder be in default for any of the following reasons - a. Failure to comply with any prequalification regulations of the Owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. b Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force with the Owner at the time the Owner issues the proposal to a prospective Bidder c. Documented record of Contractor default under previous contracts with the Owner d. Documented record of unsatisfactory work on previous contracts with the Owner G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-8 20-05 Interpretation of estimated proposal quantities. An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposals and the award of the contract. The Owner does not expressly, or by implication, agree that the actual quantities involved will correspond exactly therewith, nor shall the Bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the plans and specifications It is understood that the quantities may be increased or decreased as hereinafter provided in the subsection 40-02 titled ALTERATION OF WORK AND QUANTITIES of Section 40 without in any way invalidating the unit bid prices 20-06 Examination of plans, specifications, and site. The Bidder is expected to carefully examine the site of the proposed work, the proposal, plans, specifications, and contract forms Bidders shall satisfy themselves as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the Bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed contract, plans, and specifications Boring logs and other records of subsurface investigations and tests are available for inspection of Bidders It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the Bidder, was obtained and is intended for the Owner's design and estimating purposes only Such information has been made available for the convenience of all Bidders It is further understood and agreed that each Bidder is solely responsible for all assumptions, deductions, or conclusions which the Bidder may make or obtain from his or her examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner 20-07 Preparation of proposal. The Bidder shall submit his or her proposal on the forms furnished by the Owner All blank spaces in the proposal forms must be correctly filled in where indicated for each and every item for which a quantity is given The Bidder shall state the price (written in ink or typed) both in words and numerals for which they propose to do for each pay item furnished in the proposal In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern The Bidder shall sign the proposal correctly and in ink If the proposal is made by an individual, his or her name and post office address must be shown If made by a partnership, the name and post office address of each member of the partnership must be shown If made by a corporation, the person signing the proposal shall give the name of the state under the laws of which the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer Anyone signing a proposal as an agent shall file evidence of his or her authority to do so and that the signature is binding upon the firm or corporation 20-08 Responsive and responsible Bidder A responsive bid conforms to all significant terms and conditions contained in the Sponsor's invitation for bid It is the Sponsor's responsibility to decide if the exceptions taken by a Bidder to the solicitation are material or not and the extent of deviation it is willing to accept. A responsible Bidder has the ability to perform successfully under the terms and conditions of a proposed procurement, as defined in 49 CFR § 18 36(b)(8) This includes such matters as Contractor integrity, compliance with public policy, record of past performance, and financial and technical resources 20-09 Irregular proposals Proposals shall be considered irregular for the following reasons a If the proposal is on a form other than that furnished by the Owner, or if the Owner's form is altered, or if any part of the proposal form is detached b If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind that make the proposal incomplete, indefinite, or otherwise ambiguous c. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the Bidder is not required to furnish a unit price G•\PROJECTS\2017\17035E\SPEC\17035 SPEC docx 6-9 d. If the proposal contains unit prices that are obviously unbalanced. e. If the proposal is not accompanied by the proposal guaranty specified by the Owner. The Owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the Owner and conforms to local laws and ordinances pertaining to the letting of construction contracts 20-10 Bid guarantee. Each separate proposal shall be accompanied by a certified check, cashier's check, or surety bond, in the amount of at least 5 percent of the total bid. Such check, or collateral, shall be made payable to the Owner. 20-11 Delivery of proposal. Each proposal submitted shall be placed in a sealed envelope plainly marked with the project number, location of airport, and name and business address of the Bidder on the outside. When sent by mail, preferably registered, the sealed proposal, marked as indicated above, should be enclosed in an additional envelope No proposal will be considered unless received at the place specified in the advertisement or as modified by Addendum before the time specified for opening all bids. Proposals received after the bid opening time shall be returned to the Bidder unopened. 20-12 Withdrawal or revision of proposals. A Bidder may withdraw or revise (by withdrawal of one proposal and submission of another) a proposal provided that the Bidder's request for withdrawal is received by the Owner in writing or by email before the time specified for opening bids Revised proposals must be received at the place specified in the advertisement before the time specified for opening all bids. 20-13 Public opening of proposals. Proposals shall be opened, and read, publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be returned to the Bidder unopened 20-14 Disqualification of Bidders. A Bidder shall be considered disqualified for any of the following reasons* a. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name b Evidence of collusion among Bidders. Bidders participating in such collusion shall be disqualified as Bidders for any future work of the Owner until any such participating Bidder has been reinstated by the Owner as a qualified Bidder c If the Bidder is considered to be in "default" for any reason specified in the subsection 20-04 titled ISSUANCE OF PROPOSAL FORMS of this section END OF SECTION 20 G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-10 SECTION 30 - AWARD AND EXECUTION OF CONTRACT 30-01 Consideration of proposals After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices If a Bidder's proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit price written in words shall govern Until the award of a contract is made, the Owner reserves the right to reject a Bidder's proposal for any of the following reasons a If the proposal is irregular as specified in the subsection 20-09 titled IRREGULAR PROPOSALS of Section 20. b. If the Bidder is disqualified for any of the reasons specified in the subsection 20-14 titled DISQUALIFICATION OF BIDDERS of Section 20 In addition, until the award of a contract is made, the Owner reserves the right to reject any or all proposals, waive technicalities, if such waiver is in the best interest of the Owner and is in conformance with applicable state and local laws or regulations pertaining to the letting of construction contracts; advertise for new proposals, or proceed with the work otherwise All such actions shall promote the Owner's best interests 30-02 Award of contract. The award of a contract, if it is to be awarded, shall be made within 90 calendar days of the date specified for publicly opening proposals, unless otherwise specified herein. Award of the contract shall be made by the Owner to the lowest, qualified Bidder whose proposal conforms to the cited requirements of the Owner. No award shall be made until the FAA has concurred in the Owner's recommendation to make such award and has approved the Owner's proposed contract to the extent that such concurrence and approval are required by 49 CFR Part 18. 30-03 Cancellation of award. The Owner reserves the right to cancel the award without liability to the Bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the Owner in accordance with the subsection 30-07 titled APPROVAL OF CONTRACT of this section. 30-04 Return of proposal guaranty. All proposal guaranties, except those of the two lowest Bidders, will be returned immediately after the Owner has made a comparison of bids as specified in the subsection 30- 01 titled CONSIDERATION OF PROPOSALS of this section. Proposal guaranties of the two lowest Bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful Bidder's proposal guaranty will be returned. The successful Bidder's proposal guaranty will be returned as soon as the Owner receives the contract bonds as specified in the subsection 30-05 titled REQUIREMENTS OF CONTRACT BONDS of this section 30-05 Requirements of contract bonds. At the time of the execution of the contract, the successful Bidder shall furnish the Owner a surety bond or bonds that have been fully executed by the Bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor's performance of the work The surety and the form of the bond or bonds shall be acceptable to the Owner Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract. a. Bonds shall remain in effect until one (1) year after the date of Substantial Completion, except as otherwise provided by law All Bonds shall be in the forms prescribed by the bidding documents and be executed by such Sureties as (1) are licensed to conduct business in the state where the Project is located, and (2) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Accounts, U.S Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-11 b If the Surety on any Bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of clauses (1) and (2), the Contractor shall within five (5) days thereafter substitute another Bond and Surety, both of which shall be acceptable to the OWNER. 30-06 Execution of contract. The successful Bidder shall sign (execute) the necessary agreements for entering into the contract and return the signed contract to the Owner, along with the fully executed surety bond or bonds specified in the subsection 30-05 titled REQUIREMENTS OF CONTRACT BONDS of this section, within 15 calendar days from the date mailed or otherwise delivered to the successful Bidder If the contract is mailed, special handling is recommended 30-07 Approval of contract. Upon receipt of the contract and contract bond or bonds that have been executed by the successful Bidder, the Owner shall complete the execution of the contract in accordance with local laws or ordinances, and return the fully executed contract to the Contractor Delivery of the fully executed contract to the Contractor shall constitute the Owner's approval to be bound by the successful Bidder's proposal and the terms of the contract. 30-08 Failure to execute contract. Failure of the successful Bidder to execute the contract and furnish an acceptable surety bond or bonds within the 15 -calendar day period specified in the subsection 30-06 titled EXECUTION OF CONTRACT of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidation of damages to the Owner 30-09 Insurance Contractor's Liability Insurance. The Contractor shall purchase and maintain such comprehensive general liability and other insurance as will provide protection from claims set forth below which may arise out of or result from the Contractor's performance of the work and the Contractor's other obligations under the Contract Documents, whether such performance is by the Contractor, by any subcontractor, by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable a Claims under workers' or workmen's compensation, disability benefits, and other similar employee benefit acts, b Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees, c Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees, d Claims for damages insured by personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor, or (2) by any other person for any other reason, e Claims for damages, other than to the work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom, and f Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The insurance required shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Information for Bidders, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance All such insurance shall contain a provision that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty (30) days' prior written notice has been given to the OWNER and the Engineer All such insurance shall remain in effect until final payment and at all times thereafter when the Contractor may be correcting, removing or replacing defective work. In addition, the Contractor shall maintain such completed operations insurance for at least one (1) year after final payment and furnish the OWNER with evidence of G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-12 continuation of such insurance at final acceptance and one year thereafter. Contractual Liability Insurance. The comprehensive general liability insurance will include contractual liability insurance applicable to the Contractor's obligations. Owner's Liability Insurance. The OWNER shall be responsible for purchasing and maintaining his own liability insurance and, at his option, may purchase and maintain such insurance as well protect the OWNER against claims which may arise from operations under the Contract Documents Property Insurance: The Contractor shall purchase and maintain property insurance upon the work at the site to the full insurable value thereof on portions of the work stored on and off the site or in transit when such portions of the work are to be included in an Applications for Payment. The policies of insurance required to be purchased and maintained by the Contractor shall contain a provision that the coverage afforded will not be canceled or materially changed until at least thirty (30) days' prior written notice has been given to the OWNER and the Engineer. If the OWNER requests in writing that other special insurance be included in the property insurance policy, the Contractor shall, if possible include such insurance, and the cost thereof shall be charged to the OWNER by appropriate Change Order Prior to commencement of the work at the site, the Contractor will in writing advise the OWNER whether or not such other insurance has been procured by the Contractor. Waiver of Rights. The OWNER and Contractor waive all rights against each other and the subcontractors and their agents and employees and against the Engineer and separate Contractor's (if any) and their subcontractor's agents and employees, for damages caused by fire or other perils to the extent covered by insurance of any other property insurance applicable to the work, except such rights as they may have to the proceeds of such insurance held by the OWNER as trustee. Receipt and Application of Proceeds: Any insured loss under the policies of insurance required shall be adjusted with the OWNER and made payable to the OWNER as trustee for the insured, as their interests may appear, subject to the requirements of any applicable mortgage clause The OWNER shall deposit in a separate account any money so received, and he shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged work shall be repaired or replaced, the moneys so received applied on account thereof and the work and the cost thereof covered by an appropriate Change Order The OWNER as trustee shall have the power to adjust and settle any loss with the insurers unless one of the parties in interest objects to the OWNER's exercise of this power in writing within fifteen (15) days after the occurrence of loss If such an objection is made, the OWNER as trustee shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest, the OWNER as trustee shall upon the occurrence of an insured loss, give bond for the proper performance of his duties G.\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-13 Acceptance of Insurance. If the OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained on the basis of its not complying with the Contract Documents, the OWNER will notify the Contractor in writing thereof within thirty (30) days of the date of delivery of such certificates to the OWNER. The Contractor will provide to the OWNER such additional information in respect of insurance provided by him as the OWNER may reasonably request. Failure by the OWNER to give any such notice of objection within the line provided shall constitute acceptance of such insurance purchased by the Contractor as complying with the Contract Documents Partial Utilization — Property Insurance. If the OWNER finds it necessary to occupy or use a portion or portions of the work prior to Substantial Completion of all the work, such use or occupancy may be accomplished provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage necessitated thereby The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy END OF SECTION 30 G:\PROJECTS\2017\17035E\SPEC\17035 SPEC docx 6-14 SECTION 40 - SCOPE OF WORK 40-01 Intent of contract. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 40-02 Alteration of work and quantities. The Owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than 25% (total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations that do not exceed the 25% limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. These alterations that are for work within the general scope of the contract shall be covered by "Change Orders" issued by the Engineer Change orders for altered work shall include extensions of contract time where, in the Engineer's opinion, such extensions are commensurate with the amount and difficulty of added work. Changes in the Work Without invalidating the Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions in the work, these will be authorized by Change Orders Upon receipt of a Change Order, the Contractor shall proceed with the work involved All such work shall be executed under the applicable conditions of the Contract Documents If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made The Engineer may authorize minor changes in the work not involving an adjustment in the Contract Price or the Contract Time, which are consistent with the overall intent of the Contract Documents These may be accomplished by a Field Order, and shall be binding on the OWNER, and also on the Contractor who shall perform the change promptly If the Contractor believes that a Field Order justifies an increase in the Contract Price or Contract Time, the Contractor may make a claim. Additional work performed without authorization of a Change Order will not entitle the Contractor to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency. The OWNER shall execute appropriate Change Orders prepared by the Engineer covering changes in the work which are required by the OWNER, or required because of unforeseen physical conditions or emergencies, or because of uncovering work found not to be defective, or because of any other claim of the Contractor ,for a change in the Contract Time or the Contract Price which is recommended by the Engineer. If notice of any change affecting the general scope of the work or change in the Contract Price is required by the provisions of any Bond to be given to the Surety, it will be the Contractor's responsibility to so notify the Surety, and the amount of each applicable Bond shall be adjusted accordingly The Contractor shall furnish proof of such adjustment to the OWNER. Change of Contract Price The Contract Price may only be changed by a Change Order. Any claim for an increase in the Contract Price shall be based on written notice delivered to the OWNER and Engineer. Notice of the amount of claim with supporting data shall be delivered with the claim unless the Engineer allows an additional period of time to ascertain accurate cost data. All claims for adjustment in the Contract Price shall be determined by the Engineer if the OWNER and Contractor cannot otherwise agree on the amount involved Any change in the Contract Price resulting from any such claims shall be incorporated in a Change Order. Claims with wording such as "Cost at this time cannot be identified" or "reserving the right to assess costs at a later date" shall be accepted G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-15 The value of any work covered by a Change Order or of any claims for an increase or decrease in the Contract Price shall be determined in one of the following ways a Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved b On the basis of the Cost of the work plus a Contractor's Fee for overhead and profit. Cost of the Work. The term Cost of the work means the sum of all costs necessarily incurred and paid by the Contractor in the proper performance of the work Except as otherwise may be agreed to in writing by the OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items a Payroll costs for employees in the direct employ of the Contractor in the performance of the work under schedules of job classifications agreed upon by the OWNER and Contractor Payroll costs for employees not employed full time on the work shall be apportioned on the bases on their time spent on the work Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, worker's or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto Such employees shall include superintendents and supervisors at the site The expenses of performing work after regular working hours, on Saturday or Sunday or legal holidays shall be included in the above to the extent authorized by the OWNER b Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufactures' field services required in connection therewith All cash discounts shall accrue to the Contractor unless the OWNER deposits funds with the Contractor with which to make payments, in which case the cash discounts shall accrue to the OWNER All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to the OWNER and the Contractor shall make provisions so that they may be obtained c Payments shall be made by the Contractor to the subcontractors for work performed by subcontractors If required by the OWNER, the Contractor shall obtain competitive bids from subcontractors acceptable to the Contractor and shall deliver such bids to the OWNER who will then determine, with the advice of the Engineer, which bids will be accepted If a subcontract provides that the subcontractor is to be paid on the basis of Cost of the work plus a Fee, the subcontractor's cost of the work shall be determined in the same manner as the Contractor's cost of work All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable d Costs of special consultants including, but not limited to, Engineers, architects, testing laboratories, surveyors, lawyers, and accounts employed for services specifically related to the work e Supplemental costs include (1) The proportion of necessary transportation, travel, and subsistence expense of the Contractor's employees incurred in discharge of duties connected with the work. (2) Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remain the property of the Contractor G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-16 (3) Rentals of all construction equipment and machinery and the parts thereof whether rented from the Contractor or others in accordance with rental agreements approved by the OWNER with the advice of the Engineer, and the costs of transportation. Loading, unloading, installation, dismantling and removal thereof — all in accordance with terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the work (4) Sales, use of similar taxes related to the work, and for which the Contractor is liable, imposed by any governmental authority (5) Deposits lost for causes other than the Contractor's negligence, royalty payments, and fees for permits and licenses. (6) Losses and damages (and related expenses), not compensated by insurance or otherwise, to the work or otherwise sustained by the Contractor in connection with the execution of the work provided they have resulted from causes other than the negligence of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of the OWNER. No such losses, damages and expenses shall be included in the Cost of the work for the purpose of determining the Contractor's Fee If, however, any such loss or damage required reconstruction and the Contractor is placed in charge thereof, the Contractor shall be paid for services a fee proportionate. (7) The cost of utilities, fuel, and sanitary facilities at the site. (8) Minor expense such as telegrams, long distance telephone calls, telephone service at the site, expressage, and similar petty cash items in connection with the work. (9) Cost of premiums for additional Bonds and insurance required because of changes in the work. The term Cost of the work shall not include any of the following: a Payroll costs and other compensation of the Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, Engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by the Contractor whether at the site or in his principal or a branch office for general administration of the work and not specifically included in the agreed upon schedule of job classifications, all of which are to be considered administrative costs covered by the Contractor's Fee. b. Expenses of the Contractors principal and branch offices other than the Contractor's office at the site. c. Any part of the Contractor's capital expenses, including interest on the Contractor's capital expenses, including interest on the Contractor's capital employed for the work and charges against the Contractor for delinquent payments d Cost of premiums for all Bonds and for all insurance whether or not the Contractor is required by the Contract Documents to purchase and maintain the same (except for additional Bonds and insurance required because of changes in the work) e. Costs due to the negligence of the Contractor, and subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property f. Other overhead of general expense costs of any kind and the costs of any item not specifically and expressly included in this section. G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-17 Contractor's Fee. The Contractor's Fee allowed to the Contractor for overhead and profit shall be determined as follows a A mutually acceptable fixed fee, or if none can be agreed upon b A fee based on the following percentages of the various portions of the cost of the work (1) For costs incurred under Item 4 paragraph "a" and paragraph "b", the Contractor's Fee shall be fifteen percent (15%) (2) For costs incurred under Item 4 paragraph "c", the Contractor's Fee shall be five percent (5%), and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable the subcontractor as a fee for overhead and profit shall be ten percent (10%), and (3) No fee shall be payable on the basis of costs itemized under Item 4 paragraph "d" and "e " The amount of credit to be allowed by the Contractor to the OWNER for any such change which results in a net decrease in costs will be the amount of the actual net decrease When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any Adjustment of Unit Prices. Whenever the cost of any work is to be determined, the Contractor will submit in a form acceptable to the Engineer an itemized cost breakdown together with supporting data. Change of the Contract Time The Contract Time may only be changed by a Change Order Any claim for an extension on the Contract Time shall be based on written notice delivered to the OWNER and Engineer Notice of the extent of the claim with supporting data shall be delivered with the claim unless the Engineer allows an additional period of time to ascertain more accurate data All claims for adjustment in the Contract Time shall be determined by the Engineer if the OWNER and Contractor cannot otherwise agree Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order Claims with wording such as "impact to the Schedule cannot be identified at this time" or "reserving the right to assess schedule impacts at a later date" shall not be accepted The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of the Contractor Such delays shall include, but not be limited to, acts or neglect by the OWNER or others performing additional work, or to fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God All time limits stated in the Contract Documents are of essence to the Agreement. The provisions of this Section shall not exclude recovery for damages (including compensation for additional professional services) for delay by either party Should the aggregate amount of altered work exceed the 25% limitation hereinbefore specified, such excess altered work shall be covered by supplemental agreement. If the Owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the Owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. Supplemental agreements shall be approved by the FAA and shall include all applicable Federal contract provisions for procurement and contracting required under AIP Supplemental agreements shall also require consent of the Contractor's surety and separate performance and payment bonds G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-18 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 40-03 Omitted items. The Engineer may, in the Owner's best interest, omit from the work any contract item, except major contract items. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement. Should a contract item be omitted or otherwise ordered to be non -performed, the Contractor shall be -paid for all work performed toward completion of such item prior to the date of the order to omit such item Payment for work performed shall be in accordance with the subsection 90-04 titled PAYMENT FOR OMITTED ITEMS of Section 90. 40-04 Extra work. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements, the same shall be called "Extra Work." Extra Work that is within the general scope of the contract shall be covered by written change order. Change orders for such Extra Work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Engineer's opinion, is necessary for completion of such Extra Work. When determined by the Engineer to be in the Owner's best interest, the Engineer may order the Contractor to proceed with Extra Work as provided in the subsection 90-05 titled PAYMENT FOR EXTRA WORK of Section 90. Extra Work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a Supplemental Agreement as defined in the subsection 10-48 titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment of Extra Work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the Owner 40-05 Maintenance of traffic. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's equipment and personnel, is the most important consideration. a It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas (AOAs) of the airport with respect to his or her own operations and the operations of all subcontractors as specified in the subsection 80-04 titled LIMITATION OF OPERATIONS of Section 80 It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the subsection 70-15 titled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70 b With respect to his or her own operations and the operations of all subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying personnel, equipment, vehicles, storage areas, and any work area or condition that may be hazardous to the operation of aircraft, fire -rescue equipment, or maintenance vehicles at the airport. c. When the contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor's performance of work that is otherwise provided for in the contract, plans, and specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic The Contractor shall be responsible for the repair of any damage caused by the Contractor's equipment and personnel The Contractor shall furnish, erect, and maintain barricades, warning signs, flag person, and other traffic control devices in reasonable conformity with the Manual on Uniform Traffic Control Devices (MUTCD) (http.//mutcd.fhwa.dot.gov/), unless otherwise specified. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless otherwise specified herein, the Contractor will not be required to furnish snow removal for such existing road, street, or highway. G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-19 40-06 Removal of existing structures All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Engineer shall be notified prior to disturbing such structure The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the contract. Except as provided in the subsection 40-07 titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be used in the work as otherwise provided for in the contract and shall remain the property of the Owner when so used in the work 40-07 Rights in and use of materials found in the work Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be either embankment or waste, the Contractor may at his or her option either: a Use such material in another contract item, providing such use is approved by the Engineer and is in conformance with the contract specifications applicable to such use, or, b Remove such material from the site, upon written approval of the Engineer; or c Use such material for the Contractor's own temporary construction on site; or, d Use such material as intended by the terms of the contract. Should the Contractor wish to exercise option a , b , or c , the Contractor shall request the Engineer's approval in advance of such use Should the Engineer approve the Contractor's request to exercise option a , b , or c , the Contractor shall be paid for the excavation or removal of such material at the applicable contract price The Contractor shall replace, at his or her own expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for use of such material used in the work or removed from the site Should the Engineer approve the Contractor's exercise of option a , the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of his or her exercise of option a., b., or c The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications 40-08 Final cleanup Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees The Contractor shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property Owner END OF SECTION 40 G:\PROJECTS\2017\17035E\SPEC\17035 SPEC docx 6-20 SECTION 50 - CONTROL OF WORK 50-01 Authority of the Engineer. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. The Engineer shall decide all questions that may arise as to the interpretation of the specifications or plans relating to the work The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for the under contract. The Engineer does not have the authority to accept pavements that do not conform to FAA specification requirements. 50-02 Conformity with plans and specifications. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross-sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans or specifications. If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his or her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, the Engineer will advise the Owner of his or her determination that the affected work be accepted and remain in place In this event, the Engineer will document the determination and recommend to the Owner a basis of acceptance that will provide for an adjustment in the contract price for the affected portion of the work. The Engineer's determination and recommended contract price adjustments will be based on sound engineering judgment and such tests or retests of the affected work as are, in the Engineer's opinion, needed. Changes in the contract price shall be covered by contract change order or supplemental agreement as applicable If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer's written orders For the purpose of this subsection, the term "reasonably close conformity" shall not be construed as waiving the Contractor's responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Engineer's responsibility to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor's execution of the work, when, in the Engineer's opinion, such compliance is essential to provide an acceptable finished portion of the work. For the purpose of this subsection, the term "reasonably close conformity" is also intended to provide the Engineer with the authority, after consultation with the FAA, to use sound engineering judgment in his or her determinations as to acceptance of work that is not in strict conformity, but will provide a finished product equal to or better than that intended by the requirements of the contract, plans and specifications The Engineer will not be responsible for the Contractor's means, methods, techniques, sequences, or procedures of construction or the safety precautions incident thereto 50-03 Coordination of contract, plans, and specifications. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited advisory circulars (ACs), contract general provisions shall govern over plans, cited standards for materials or testing, and cited ACs; plans shall govern over cited standards for materials or testing and cited ACs If any paragraphs contained in the Special Provisions conflict with General Provisions or Technical Specifications, the Special Provisions shall govern G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-21 From time to time, discrepancies within cited testing standards occur due to the timing of the change, edits, and/or replacement of the standards If the Contractor discovers any apparent discrepancy within standard test methods, the Contractor shall immediately ask the Engineer for an interpretation and decision, and such decision shall be final. Intent: The Contract Documents comprise the entire Agreement between the OWNER and the Contractor concerning the work They may be altered only by a Change Order The Contract Documents are complementary; what is called for by one is as binding as if called for by all If, during the performance of the work, the Contractor finds a conflict, error, or discrepancy in the Contract Documents, he shall report it to the Engineer in writing at once and before proceeding with the work affected thereby; however, the Contractor shall not be liable to the OWNER or the Engineer for failure to report any conflict, error, or discrepancy in the Specifications or Drawings unless the Contractor had actual knowledge thereof or should reasonably have known thereof It is the intent of the Specifications and Drawings to describe a complete project to be constructed in accordance with the Contract Documents Any work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for When words which have a well-known technical or trade meaning are used to describe work, materials, or equipment such words shall be interpreted in accordance with such meaning Reference to standard specifications, manuals, or codes of any technical society, organization of association, or to the code of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual or code in effect at the time of opening of Bids except as may be otherwise specifically stated However, no provision of any referenced standard specification, manual, or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of the OWNER, Contractor, or Engineer, or any of their agents or employees from those set forth in the Contract Documents The Contract Documents will be governed by the law of the place of the Project. Reuse of Documents. Neither the Contractor nor any subcontractor, manufacturer, fabricator, supplier, or distributor shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents, or copies of any thereof, prepared by of bearing the seal of the Engineer; and they shall not reuse any of them on extensions of the Project or any other project without written consent of the Engineer and specific written verification or adaptation by the Engineer 50-04 Cooperation of Contractor The Contractor will be supplied with five copies each of the plans and specifications. The Contractor shall have available on the work at all times one copy each of the plans and specifications Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction The Contractor shall give constant attention to the work to facilitate the progress thereof, and shall cooperate with the Engineer and his or her inspectors and with other contractors in every way possible The Contractor shall have a competent superintendent on the work at all times who is fully authorized as his or her agent on the work The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the Engineer or his or her authorized representative. Supervision and Superintendence. The Contractor shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the Contract Documents The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but the Contractor shall not be solely responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence, or procedure of construction which is indicated in and required by the Contract Documents The Contractor G'\PROJECTS\2017\17035E\SPEC\17035 SPEC docx 6-22 shall be responsible to see that the finished work complies accurately with the Contract Documents. The Contractor shall keep on the work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to the OWNER and the Engineer except under extraordinary circumstances The superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Labor, Materials and Equipment: The Contractor shall provide competent, suitably qualified personnel to lay out the work and perform construction as required by the Contract Documents. The Contractor shall at all times maintain good discipline and order at the site Except in connection with the safety of protection of persons or the work or property at the site or adjacent thereto, all work at the site shall be performed during regular working hours, and the Contractor will not permit the performance of work on Saturday or Sunday or any legal holiday without the OWNER's written consent given after prior written notice to the Engineer The Contractor shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities, and all other facilities and incidentals necessary for the execution, testing, initial operations and completion of the work All materials and equipment shall be as specified in the Contract Documents The Contractor shall furnish satisfactory evidence, reports of required tests, as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instruction of the applicable manufacturer, fabricator, supplier or distributor, except as otherwise provided in the Contract Documents 50-05 Cooperation between contractors The Owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract. When separate contracts are let within, the limits of any one project, each Contractor shall conduct the work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his or her contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange his or her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. The Contractor shall join his or her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-06 Construction layout and stakes. The Engineer shall establish horizontal and vertical control only The Contractor must establish all layout required for the construction of the work. Such stakes and markings as the Engineer may set for either their own or the Contractor's guidance shall be preserved by the Contractor In case of negligence on the part of the Contractor, or their employees, resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the Contractor at the discretion of the Engineer. The Construction survey control will be the secondary and primary control stations identified by the Engineer and used for the design. These were established using the procedures in FAA AC FAA AC 150/5300-16A. If additional secondary control stations are needed they must be surveyed to the temporary control standards and procedures in accordance with FAA AC 150/5300-16A. G:\PROJECTS12017\17035E\SPEC\17035 SPEC.docx 6-23 When staking out construction features the construction survey must verify consistency with the secondary project control If secondary project control has been disturbed the survey must verify consistency with primary project control. The Contractor must verify his internal secondary control monuments a minimum of once per month Prior to performing the initial control survey, submit a methodology statement to the Engineer for their review, complete with survey equipment to be utilized and with information as to the accuracy of the equipment. The Contractor will be required to furnish all lines, grades and measurements from the control points necessary for the proper execution and control of the work contracted for under these specifications The Contractor must give copies of survey notes to the Engineer for each area of construction and for each placement of material as specified to allow the Engineer to make periodic checks for conformance with plan grades, alignments and grade tolerances required by the applicable material specifications All surveys must be provided to the Engineer prior to commencing work items that will cover or disturb the survey staking as set by the Contractor's surveyor Survey(s) and notes shall be provided in the following format(s) hard and electronic copies. In the case of error, on the part of the Contractor, their surveyor, employees or subcontractors, resulting in established grades, alignment or grade tolerances that do not concur with those specified or shown on the plans, the Contractor is solely responsible for correction, removal, replacement and all associated costs at no additional cost to the Owner No direct payment will be made, unless otherwise specified in contract documents, for this labor, materials, or other expenses The cost shall be included in the price of the bid for the various items of the Contract. Construction Staking and Layout includes but is not limited to a Clearing and Grubbing perimeter staking b Rough Grade slope stakes at 100 -foot (30-m) stations c Drainage Swales slope stakes and flow line blue tops at 50 -foot (15-m) stations Subgrade blue tops at 25 -foot (7 5-m) stations and 25 -foot (7 5-m) offset distance (maximum) for the following section locations a Runway — minimum five (5) per station b Taxiways — minimum three (3) per station c Holding apron areas — minimum three (3) per station d Roadways — minimum three (3) per station Base Course blue tops at 25 -foot (7 5-m) stations and 25 -foot (7 5-m) offset distance (maximum) for the following section locations a Runway — minimum five (5) per station b Taxiways — minimum three (3) per station c Holding apron areas — minimum three (3) per station Pavement areas a Edge of Pavement hubs and tacks (for stringline by Contractor) at 100 -foot (30-m) stations G;PROJECTS\2017\17035E\SPEC\17035 SPEC docx 6-24 b. Between Lifts at 25 -foot (7.5-m) stations for the following section locations. (1) Runways — each paving lane width (2) Taxiways — each paving lane width (3) Holding areas — each paving lane width c After finish paving operations at 50 -foot (15-m) stations. (1) All paved areas — Edge of each paving lane prior to next paving lot d. Shoulder and safety area blue tops at 50 -foot (15-m) stations and at all break points with maximum of 50 -foot (15-m) offsets. e. Fence lines at 100 -foot (30-m) stations minimum f Electrical and Communications System locations, lines and grades including but not limited to duct runs, connections, fixtures, signs, lights, Visual Approach Slope Indicators (VASIs), Precision Approach Path Indicators (PAPIs), Runway End Identifier Lighting (REIL), Wind Cones, Distance Markers (signs), pull boxes and manholes g Drain lines, cut stakes and alignment on 25 -foot (7.5-m) stations, inlet and manholes. h. Painting and Striping layout (pinned with 1.5 inch PK nails) marked for paint Contractor. (All nails shall be removed after painting). i. Laser, or other automatic control devices, shall be checked with temporary control point or grade hub at a minimum of once per 400 feet (120 m) per pass (that is, paving lane) The establishment of Survey Control and/or reestablishment of survey control shall be by a State Licensed Land Surveyor. Controls and stakes disturbed or suspect of having been disturbed shall be checked and/or reset as directed by the Engineer without additional cost to the Owner 50-07 Automatically controlled equipment. Whenever batching or mixing plant equipment is required to be operated automatically under the contract and a breakdown or malfunction of the automatic controls occurs, the equipment may be operated manually or by other methods for a period 48 hours following the breakdown or malfunction, provided this method of operations will produce results which conform to all other requirements of the contract. 50-08 Authority and duties of inspectors Inspectors shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the contract. Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor Inspectors are authorized to notify the Contractor or his or her representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for a decision. 50-09 Inspection of the work. All materials and each part or detail of the work shall be subject to inspection. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-25 examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor's expense Any work done or materials used without supervision or inspection by an authorized representative of the Owner may be ordered removed and replaced at the Contractor's expense unless the Owner's representative failed to inspect after having been given reasonable notice in writing that the work was to be performed Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) Owner, authorized representatives of the Owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no way interfere with the rights of the parties to this contract. 50-10 Removal of unacceptable and unauthorized work. All work that does not conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection 50-02 titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner in accordance with the provisions of the subsection 70- 14 titled CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70 No removal work made under provision of this subsection shall be done without lines and grades having been established by the Engineer Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or as established by the Engineer, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor's expense Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs incurred by the Owner from any monies due or to become due the Contractor 50-11 Load restrictions The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage that may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period The Contractor shall be responsible for all damage done by his or her hauling equipment and shall correct such damage at his or her own expense 50-12 Maintenance during construction The Contractor shall maintain the work during construction and until the work is accepted. Maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. 50-13 Failure to maintain the work. Should the Contractor at any time fail to maintain the work as provided in the subsection 50-12 titled MAINTENANCE DURING CONSTRUCTION of this section, the Engineer shall immediately notify the Contractor of such noncompliance Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition The time specified will give due consideration to the exigency that exists G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-26 Should the Contractor fail to respond to the Engineer's notification, the Owner may suspend any work necessary for the Owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists Any maintenance cost incurred by the Owner, shall be deducted from monies due or to become due the Contractor. 50-14 Partial acceptance If at any time during the execution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the Owner, the Contractor may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, the Engineer may accept it as being complete, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the Owner shall not void or alter any provision of the contract. 50-15 Final acceptance. Upon due notice from the Contractor of presumptive completion of the entire project, the Engineer and Owner will make an inspection. If all construction provided for and contemplated by the contract is found to be complete in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions Upon correction of the work, another inspection will be made which shall constitute the final inspection, provided the work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 50-16 Claims for adjustment and disputes. If for any reason the Contractor deems that additional compensation is due for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, the Contractor shall notify the Engineer in writing of his or her intention to claim such additional compensation before the Contractor begins the work on which the Contractor bases the claim If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within 10 calendar days, submit a written claim to the Engineer who will present it to the Owner for consideration in accordance with local laws or ordinances Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based on differences in measurements or computations. 50-17 Payments to Contractor and Completion Contractor's Warranty of Title: The Contractor warrants and guarantees that title to all work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the OWNER at the time of payment free and clean of all liens, claims, security interests, and encumbrances, hereafter in these General Provisions referred to as "Liens." Review of Applications for Progress Payment: The Engineer will, within ten (10) days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to the OWNER, or return the Application to the Contractor indicating in writing the Engineer's reasons for refusing to recommend payment. In the latter case, the Contractor may make the necessary corrections and resubmit the Application. The OWNER shall, within thirty (30) days of presentation to him of the Application for Payment with the Engineer's recommendation pay the Contractor the amount recommended. G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-27 The Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by the Engineer to the OWNER, based on the Engineer's on-site observations of the work in progress as an experienced and qualified design professional and on the Engineer's review of the Application for payment and the accompanying data and schedules that the work has progressed to the point indicated, that, to the best of the Engineer's knowledge, information and belief, the quality of the work is in accordance with the Contract Documents subject to an evaluation of the work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents subject to an evaluation of the work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in the recommendation; and that the Contractor is entitled to payment of the amount recommended However, by recommending any such payment the Engineer will not thereby be deemed to have represented that exhaustive or continuous onsite inspections have been made to check the quality or the quantity of the work, or that the means, methods, techniques, sequences, and procedures of construction have been reviewed or that any examination has been made to ascertain how or for what purpose the Contractor has used the money paid or to be paid to the Contractor on account of the Contract Price, or that title to any work, materials or equipment has passed to the OWNER free and clear of any liens The Engineer may refuse to recommend the whole or any part of any payment if, in his opinion, it would be incorrect to make such representations to the OWNER. He may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended to such extent as may be necessary in the Engineer's opinion to protect the OWNER from loss because a The work is defective, or completed work has been damaged requiring correction or replacement, b Written claims have been made against the OWNER or Liens have been filed in connection with the work c The Contract Price has been reduced because of Change Orders, d The OWNER has been required to correct defective work or complete the work e Of the Contractor's unsatisfactory prosecution of the work in accordance with the Contract Documents, or f Of the Contractor's failure to make payment to subcontractors, or for labor, materials or equipment. Substantial Completion. When the Contractor considers the entire work ready for its intended use the Contractor shall, in writing to the OWNER and Engineer, certify that the entire work is substantially complete and request that the Engineer issue a certificate of Substantial Completion With a reasonable time thereafter, the OWNER, Contractor, and Engineer shall make an inspection of the work to determine the status of completion If the Engineer does not consider the work substantially complete, the Engineer will notify the Contractor in writing giving his reasons therefore If the Engineer considers the work substantially complete, the Engineer will prepare and deliver to the OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. The OWNER shall have seven (7) days after receipt of the tentative certificate during which he may make written objection to the Engineer as to any provisions of the certificate or attached list. If, after considering such objections, the Engineer concludes that the work is not substantially complete, the Engineer will within fourteen (14) days after submission of the tentative certificate to the OWNER notify the Contractor in writing, stating his reasons therefore. If, after consideration of the OWNER's objections, the Engineer considers the work substantially complete, the Engineer will within said fourteen (14) days execute and deliver to the OWNER and the Contractor a definitive certificate of Substantial Completion, with a revised tentative list of items to be completed or corrected, reflecting such changes from the tentative certificate as he believes justified after consideration of any objections from the OWNER. At the time of delivery of the tentative certificate of Substantial Completion the Engineer will deliver to the OWNER and Contractor a written recommendation as to division of responsibilities pending final payment between the OWNER and Contractor with respect to security, operation, safety, maintenance, heat, utilities, and insurance Unless the OWNER and Contractor agree G.\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-28 otherwise in writing and so inform the Engineer prior to his issuing the definitive certificate of Substantial Completion the Engineer's aforesaid recommendation will be binding on the OWNER and Contractor until final payment. The OWNER shall have the right to exclude the Contractor from the work after the date of Substantial Completion, but the OWNER shall allow the Contractor reasonable access to complete or correct items on the tentative list. Partial Utilization: Use by the OWNER of completed portions of the work may be accomplished prior to Substantial Completion of all the work subject to the following: a. The OWNER at any time may request the Contractor in writing to permit the OWNER to use any part of the work which the OWNER believes to be substantially complete and which may be so used without significant interference with construction of the other parts of the work. If the Contractor agrees, the Contractor will certify to the OWNER and Engineer that said part of the work is substantially complete and request the Engineer that said part of the work is substantially complete and request the Engineer to issue a certificate of Substantial Completion for that part of the work. Within a reasonable time thereafter the OWNER, Contractor, and Engineer shall make an inspection of that part of the work to determine its status of completion If the Engineer does not consider that part of the work to be substantially complete, the Engineer will notify the OWNER and Contractor in writing giving his reasons therefore If the Engineer considers that part of the work to be substantially complete, the Engineer will execute and deliver to the OWNER and Contractor a certificate to that effect, fixing the date of Substantial Completion as to that part of the work, attaching thereto a tentative list of items to be completed or corrected before final payment. Prior to issuing a certificate of Substantial Completion as to part of the work the Engineer will deliver to the OWNER and Contractor a written recommendation as to the division of responsibilities pending final payment between the OWNER and Contractor with respect to security, operation safety, maintenance, utilities and insurance for that part of the work which shall become binding upon the OWNER and Contractor at the time of issuing the definitive certificate of Substantial Completion as to that part of the work unless the OWNER and Contractor have otherwise agreed in writing and so informed the Engineer. The OWNER shall have the right to exclude the Contractor from any part of the work which the Engineer has so certified to be substantially complete, but the OWNER shall allow the Contractor reasonable access to complete or correct items on the tentative list. b. In lieu of the issuance of a certificate of Substantial Completion as to part of the work, the OWNER may take over operation of a facility constituting part of the work whether or not it is substantially complete if such facility is functionally and separately useable; provided that prior to any such takeover, the OWNER and Contractor have agreed as to the division of responsibilities between the OWNER and Contractor for security, operations, safety, maintenance, correction period, heat, utilities, and insurance with respect to such facility. c. No occupancy of part of the work or taking over of operations of a facility will be accomplished prior to compliance with the requirements in respect of property insurance Final Application of Payment: After the Contractor has completed all such corrections to the satisfaction of the Engineer and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked - up record documents and other documents, all as required by the Contract Documents, and after the Engineer has indicated that the work is acceptable, the Contractor may make application for final payment following the procedure for progress payments The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents and such other data and schedules as the Engineer may reasonable require, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the work. In lieu thereof and as approved by the OWNER, the Contractor may furnish receipts or releases in full; an affidavit of the Contractor that the releases and receipts include all Iabor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-29 with the work for which the OWNER or his property might in any way be responsible, have been paid or otherwise satisfied, and consent of the Surety, if any, to final payment. If any subcontractor, manufacturer, fabricator, supplier or distributor fails to furnish a release or receipt in full, the Contractor may furnish a Bond or other collateral satisfactory to the OWNER to indemnify the OWNER against any Lien If, on the basis of the Engineer's observation of the work during construction and final inspection, and the Engineer's review of the final Application for Payment and accompanying documentation, all as required by the Contract Documents, the Engineer is satisfied that the work has been completed and the Contractor has fulfilled all of his obligations under the Contract Documents, the Engineer will, within ten (10) days after receipt of the final Application for Payment, indicate in writing his recommendation of payment and present the Application to the OWNER for payment, indicate in writing his recommendation of payment and present the Application to the OWNER for payment. Thereupon the Engineer will give written notice to the OWNER and Contractor that the work is acceptable Otherwise, the Engineer will return the Application to the Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case the Contractor shall make the necessary corrections and resubmit the Application If the Application and accompanying documentation are appropriate as to form and substance, the OWNER shall, within thirty (30) days after receipt thereof pay the Contractor the amount recommended by the Engineer If, through no fault of the Contractor final completion of the work is significantly delayed thereof and if the Engineer so confirms, the OWNER shall, upon receipt of the Contractor's final Application for Payment and recommendation of the Engineer, and without terminating the Agreement, make payment of the balance due for that portion of the work fully completed and accepted If the remaining balance to be held by the OWNER for work not fully completed or corrected is less than the retainage stipulated in the Agreement and if Bonds have been furnished as required, the written consent of the Surety to the payment of the balance due for that portion of the work fully completed and accepted shall be submitted by the Contractor to the Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims The Contractor's obligation to perform and complete the work in accordance with the Contract Documents shall be absolute Neither recommendation of any progress or final payment by the Engineer, nor the issuance of a certificate of Substantial Completion, nor any payment by the OWNER to the Contractor under the Contract Documents, nor any use or occupancy of the work or any part thereof by the OWNER, nor any act of acceptance by the OWNER nor any failure to do so, nor the issuance of a notice of acceptability by the Engineer, nor any correction of defective work by OWNER shall constitute an acceptance of work not in accordance with the Contract Documents or a release of the Contractor's obligation to perform the work in accordance with the Contract Documents The making and acceptance of final payment shall constitute A waiver of all claims by the OWNER against the Contractor, except claims arising from unsettled Liens, from defective work appearing after final inspection or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, however, it shall not constitute a waiver by the OWNER of any rights in respect of the Contractor's continuing obligation under the Contract Documents, and A waiver of all claims by the Contractor against the OWNER other than those previously made in writing and still unsettled END OF SECTION 50 G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-30 SECTION 60 - CONTROL OF MATERIALS 60-01 Source of supply and quality requirements The materials used in the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements shall be furnished promptly after execution of the contract but, in all cases; prior to delivery of such materials. Contractor shall supply steel and manufactured products that conform to the Buy American provisions established under 49 USC Section 50101 as follows. "Steel products must be 100% U S domestic product Manufactured Products. Preference shall be given to products that are 100% manufactured and assembled in the U.S. Manufactured products not meeting the 100% U.S. domestic -preference may only be used on the project if the FAA has officially granted a permissible waiver to Buy American Preferences. Submittals for all manufactured products must include certification of compliance with Buy American requirements as established under 49 USC Section 50101. Submittal must include sufficient information to confirm compliance or submittal will be returned with no action " At the Engineer's option, materials may be approved at the source of supply before delivery is stated. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited materials specifications. In addition, where an FAA specification for airport lighting equipment is cited in the plans or specifications, the Contractor shall furnish such equipment that is. a. Listed in advisory circular (AC) 150/5345-53, Airport Lighting Equipment Certification Program, and Addendum that is in effect on the date of advertisement; and, b. Produced by the manufacturer as listed in the Addendum cited above for the certified equipment part number. The following Airport Lighting Equipment is required for this contract and is to be furnished by the Contractor in accordance with the requirements of this sub -section• Retroreflective Marker, L-853, AC 150/5345-39, and AC 150/5345-53, effective on the date the contract is advertised 60-02 Samples, tests, and cited specifications Unless otherwise designated, all materials used in the work shall be inspected, tested, and approved by the Engineer before incorporation 'in the work. Any work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor's expense Test and Inspections. The Contractor shall give the Engineer timely notice of readiness of the work for all required inspections, tests or approvals. If any work that is to be inspected, tested or approved is covered without written concurrence of the Engineer, if must, if requested by the Engineer, be uncovered for observations Such uncovering shall be at the Contractor's expense unless the Contractor has given the Engineer timely notice of the Contractor's intention to cover such work and the Engineer has not acted with reasonable promptness in response to such notice Neither observations by the Engineer nor inspections, tests or approvals by others shall relieve the Contractor from his obligations to perform the work in accordance with the Contract Documents. G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-31 Unless otherwise designated, quality assurance tests in accordance with the cited standard methods of ASTM, American Association of State Highway and Transportation Officials (AASHTO), Federal Specifications, Commercial Item Descriptions, and all other cited methods, which are current on the date of advertisement for bids, will be made by and at the expense of the Engineer The testing organizations performing on-site quality assurance field tests shall have copies of all referenced standards on the construction site for use by all technicians and other personnel, including the Contractor's representative at his or her request. Unless otherwise designated, samples for quality assurance will be taken by a qualified representative of the Engineer All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work Copies of all tests will be furnished to the Contractor's representative at their request after review and approval of the Engineer. The Contractor shall employ a testing organization to perform all Contractor required Quality Control tests The Contractor shall submit to the Engineer resumes on all testing organizations and individual persons who will be performing the tests The Engineer will determine if such persons are qualified All the test data shall be reported to the Engineer after the results are known A legible, handwritten copy of all test data shall be given to the Engineer daily, along with printed reports, in an approved format, on a weekly basis After completion of the project, and prior to final payment, the Contractor shall submit a final report to the Engineer showing all test data reports, plus an analysis of all results showing ranges, averages, and corrective action taken on all failing tests 60-03 Certification of compliance The Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not The form and distribution of certificates of compliance shall be as approved by the Engineer When a material or assembly is specified by "brand name or equal" and the Contractor elects to furnish the specified "brand name," the Contractor shall be required to furnish the manufacturer's certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to a Conformance to the specified performance, testing, quality or dimensional requirements, and, b Suitability of the material or assembly for the use intended in the contract work. Should the Contractor propose to furnish an "or equal" material or assembly, the Contractor shall furnish the manufacturer's certificates of compliance as hereinbefore described for the specified brand name material or assembly However, the Engineer shall be the sole judge as to whether the proposed "or equal" is suitable for use in the work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance 60-04 Plant inspection The Engineer or his or her authorized representative may inspect, at its source, any specified material or assembly to be used in the work Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for acceptance of the material or assembly Should the Engineer conduct plant inspections, the following conditions shall exist a. The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom the Engineer has contracted for materials G\PROJECTS12017117035E\SPEC117035 SPEC docx 6-32 b. The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. c. If required by the Engineer, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to the plant. It is understood and agreed that the Owner shall have the right to retest any material that has been tested and approved at the source of supply after it has been delivered to the site. The Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications 60-05 Engineer's field office. An Engineer's field office is not required. 60-06 Storage of materials Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located to facilitate their prompt inspection The Contractor shall coordinate the storage of all materials with the Engineer Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location of the Contractor's plant and parked equipment or vehicles shall be as directed by the Engineer Private property shall not be used for storage purposes without written permission of the Owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property Upon request, the Contractor shall furnish the Engineer a copy of the property Owner's permission. All storage sites on private or airport property shall be restored to their original condition by the Contractor at his or her entire expense, except as otherwise agreed to (in writing) by the Owner or lessee of the property 60-07 Unacceptable materials. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the Engineer has approved its use in the work. 60-08 Owner furnished materials. The Contractor shall furnish all materials required to complete the work, except those specified, if any, to be furnished by the Owner. Owner -furnished materials shall be made available to the Contractor at the location specified. All costs of handling, transportation from the specified location to the site of work, storage, and installing Owner -furnished materials shall be included in the unit price bid for the contract item in which such Owner - furnished material is used After any Owner -furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies that may occur during the Contractor's handling, storage, or use of such Owner -furnished material The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the Contractor's handling, storage, or use of Owner -furnished materials. END OF SECTION 60 G:\PROJECTS12017\17035E\SPEC\17035 SPEC docx 6-33 SECTION 70 - LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-01 Laws to be observed The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work The Contractor shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner and all his or her officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by the Contractor or the Contractor's employees. The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations applicable to the work. If the Contractor observes that the Specifications or Drawings are at variance therewith, the Contractor shall give the engineer prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Change Order. If the Contractor performs any work knowing or having reason to know that it is contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, the Contractor shall bear all costs arising therefrom; however, it shall not be the Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with such laws, ordinances, rules and regulations 70-02 Permits, licenses, and taxes. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful execution of the work 70-03 Patented devices, materials, and processes If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, the Contractor shall provide for such use by suitable legal agreement with the Patentee or Owner. The Contractor and the surety shall indemnify and hold harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the execution or after the completion of the work. 70-04 Restoration of surfaces disturbed by others The Owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work Except as listed above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the Engineer Should the Owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such Owners by arranging and performing the work in this contract to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. 70-05 Federal aid participation For Airport Improvement Program (AIP) contracts, the United States Government has agreed to reimburse the Owner for some portion of the contract costs Such reimbursement is made from time to time upon the Owner's request to the FAA. In consideration of the United States Government's (FAA's) agreement with the Owner, the Owner has included provisions in this contract pursuant to the requirements of Title 49 of the USC and the Rules and Regulations of the FAA that pertain to the work G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-34 As required by the USC, the contract work is subject to the inspection and approval of duly authorized representatives of the FAA Administrator, and is further subject to those provisions of the rules and regulations that are cited in the contract, plans, or specifications No requirement of the USC, the rules and regulations implementing the USC, or this contract shall be construed as making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract. 70-06 Sanitary, health, and safety provisions The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his or her employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health standards The Contractor shall not require any worker to work in surroundings or under conditions that are unsanitary, hazardous, or dangerous to his or her health or safety 70-07 Public convenience and safety The Contractor shall control his or her operations and those of his or her subcontractors and all suppliers, to assure the least inconvenience to the traveling public Under all circumstances, safety shall be the most important consideration The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to his or her own operations and those of his or her subcontractors and all suppliers in accordance with the subsection 40-05 titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection 80-04 titled LIMITATION OF OPERATIONS of Section 80 hereinafter 70-08 Barricades, warning signs, and hazard markings The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the work When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably illuminated Unless otherwise specified, barricades, warning signs, and markings for hazards that are in the air operations area (AOAs) shall be a maximum of 18 inches (0 5 m) high Unless otherwise specified, barricades shall be spaced not more than 4 feet (1.2 m) apart. Barricades, warning signs, and markings shall be paid for under subsection 40-05 For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual on Uniform Traffic Control Devices. When the work requires closing an air operations area of the airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of advisory circular (AC) 150/5340-1, Standards for Airport Markings The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stock piles, and the Contractor's parked construction equipment that may be hazardous to the operation of emergency fire -rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2, Operational Safety on Airports During Construction The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2 The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work that requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their removal is directed by the Engineer Open -flame type lights shall not be permitted 70-09 Use of explosives When the use of explosives is necessary for the execution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work The Contractor shall be responsible for all damage resulting from the use of explosives G:\PROJECTS\2017\17035E\SPEC\17035 SPEC docx 6-35 All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked Where no local laws or ordinances apply, storage shall be provided satisfactory 'to the Engineer and, in general, not closer than 1,000 feet (300 m) from the work or from any building, road, or other place of human occupancy The Contractor shall notify each property Owner and public utility company having structures or facilities in proximity to the site of the work of his or her intention to use explosives Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. The use of electrical blasting caps shall not be permitted on or within 1,000 feet (300 m) of the airport property. 70-10 Protection and restoration of property and landscape. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer has witnessed or otherwise referenced their location and shall not move them until directed The Contractor shall be responsible for all damage or injury to property of any character, during the execution of the work, resulting from any act, omission, neglect, or misconduct in manner or method of executing the work, or at any time due to defective work or materials, and said responsibility shall not be released until the project has been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non - execution thereof by the Contractor, the Contractor shall restore, at his or her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or the Contractor shall make good such damage or injury in an acceptable manner 70-11 Responsibility for damage claims. The Contractor shall indemnify and save harmless the Engineer and the Owner and their officers, and employees from all suits, actions, or claims, of any character, brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the "Workmen's Compensation Act," or any other law, ordinance, order, or decree Money due the Contractor under and by virtue of his or her contract considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due, his or her surety may be held until such suits, actions, or claims for injuries or damages shall have been settled and suitable evidence to that effect furnished to the Owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he or she is adequately protected by public liability and property damage insurance In any and all claims against the OWNER or Engineer or any of their agents or employees by any employee of the Contractor, and subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable byor for Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. The obligations of the Contractor shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-36 70-12 Third party beneficiary clause It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create for the public or any member thereof, a third -party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-13 Opening sections of the work to traffic Should. it be necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the Owner prior to completion of the entire contract, such "phasing" of the work shall be specified herein and indicated on the plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. The Contractor shall make his/her own estimate of the inherent difficulties involved in arranging the work for Phases 1-3 as shown in the construction drawings to permit such beneficial occupancy by the Owner as described below. Upon completion of any portion of the work listed above, such portion shall be accepted by the Owner in accordance with the subsection 50-14 titled PARTIAL ACCEPTANCE of Section 50 No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable condition to support the intended traffic Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the Owner shall be repaired by the Contractor at his or her expense The Contractor shall make his or her own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the contract work Contractor shall be required to conform to safety standards contained in AC 150/5370-2 (see Special Provisions) Contractor shall refer to the approved Construction Safety Phasing Plan (CSPP) to identify barricade requirements and other safety requirements prior to opening up sections of work to traffic 70-14 Contractor's responsibility for work Until the Engineer's final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with the subsection 50- 14 titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non -execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of government authorities. If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at his or her expense During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seeding, and sodding furnished under the contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury If any part of the Contractor's work depends on proper execution or results upon the work of any such other Contractor or utility service company (or the OWNER), the Contractor shall inspect and promptly report to the Engineer in writing any patent or apparent defects or deficiencies in such work that render it unsuitable for such proper execution and results The Contractor's failure to so report, shall constitute an acceptance G'\PROJECTS\2017\17035E\SPEC\17035 SPEC docx 6-37 of the other work as fit and proper for integration with the Contractor's work except for latent or non -apparent defects and deficiencies in the other work. The Contractor shall do all cutting, fitting, and patching of his work that may be required to make its several parts come together properly and integrate with such other work. The Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Engineer and the others whose work will be affected. If the performance of additional work by other Contractors or utility service companies or the OWNER was not noted in the Contract Documents, written notice thereof shall be given to the Contractor prior to starting any such additional work. If the Contractor believes that the performance of such additional work by the OWNER or others involves additional expense to the Contractor or requires an extension of the Contract Time, the Contractor may make a claim therefore as provided. 70-15 Contractor's responsibility for utility service and facilities of others As provided in the subsection 70-04 titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the Owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the Owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control their operations to prevent the unscheduled interruption of such utility services and facilities To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans. It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work Any inaccuracy or omission in such information shall not relieve the Contractor of the responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the Owners of all utility services or other facilities of his or her plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided in this subsection and subsection 70-04 titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition to the general written notification provided, it shall be the responsibility of the Contractor to keep such individual Owners advised of changes in their plan of operations that would affect such Owners. Prior to beginning the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such Owner of their plan of operation. If, in the Contractor's opinion, the Owner's assistance is needed to locate the utility service or facility or the presence of a representative of the Owner is desirable to observe the work, such advice should be included in the notification Such notification shall be given by the most expeditious means to reach the utility owner's PERSON TO CONTACT no later than two normal business days prior to the Contractor's commencement of operations in such general vicinity The Contractor shall furnish a written summary of the notification to the Engineer The Contractor's failure to give the two days' notice shall be cause for the. Owner to suspend the Contractor's operations in the general vicinity of a utility service or facility Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use hand excavation methods within 3 feet (1 m) of such outside limits at such points as may be required to ensure protection from damage due to the Contractor's operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, the Contractor shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-38 The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to their operations whether due to negligence or accident. The Owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or his or her surety 70-16 Furnishing rights-of-way. The Owner will be responsible for furnishing all rights-of-way upon which the work is to be constructed in advance of the Contractor's operations The OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the work is to be performed, rights-of-way for access thereto, and such other lands which are designated for the use of the Contractor If the Contractor believes that any delay in the OWNER's furnishing these lands of easements entitles him to an extension of the contract time, the Contractor may make a claim The Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 70-17 Personal liability of public officials In carrying out any of the contract provisions or in exercising any power or authority granted by this contract, there shall be no liability upon the Engineer, his or her authorized representatives, or any officials of the Owner either personally or as an official of the Owner It is understood that in such matters they act solely as agents and representatives of the Owner 70-18 No waiver of legal rights. Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance Such final acceptance, however, shall not preclude or stop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the Owner be precluded or stopped from recovering from the Contractor or his or her surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill his or her obligations under the contract. A waiver on the part of the Owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach The Contractor, without prejudice to the terms of the contract, shall be liable to the Owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Owner's rights under any warranty or guaranty 70-19 Environmental protection The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. The Contractor shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter 70-20 Archaeological and historical findings Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior Should the Contractor encounter, during his or her operations, any building, part of a building, structure, or object that is incongruous with its surroundings, the Contractor shall immediately cease operations in that location and notify the Engineer The Engineer will immediately investigate the Contractor's finding and the Owner will direct the Contractor to either resume operations or to suspend operations as directed Should the Owner order suspension of the Contractor's operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract change order or supplemental agreement as provided in the subsection 40-04 titled EXTRA WORK of Section 40 and the subsection 90-05 titled PAYMENT FOR EXTRA WORK of Section 90 If appropriate, the contract change order or supplemental agreement shall include an extension of contract time in accordance with the subsection 80-07 titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80 G'\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-39 70-21 Suspension of Work and Termination Owner May Suspend Work: The OWNER may, at any time and without cause, suspend the work or any portion thereof for a period of not more than ninety (90) days by notice in writing to the Contractor and Engineer which shall fix the date on which work shall be resumed. The Contractor shall resume the work on the date so fixed The Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if he makes a claim. Owner May Terminate: Upon the occurrence of any one or more of the following events. a If the Contractor is adjudged bankrupt or insolvent; b If the Contractor makes a general assignment for the benefit of creditors; c. If a trustee or receiver is appointed for the Contractor or for any of the Contractor's property d. If the Contractor files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, e If the Contractor repeatedly fails to supply sufficient skilled workers or suitable materials or equipment; f If the Contractor repeatedly fails to make prompt payments to subcontractors or for labor, materials, or equipment; g If the Contractor disregards laws, ordinances, rules, regulations, or orders of any public body having jurisdiction; h If the Contractor disregards the authority of the Engineer; or i. If the Contractor otherwise violates in any substantial way any provisions of the Contract Documents i The OWNER may after giving the Contractor and his Surety seven (7) days written notice, terminate the services on the Contractor, exclude the Contractor from the site and take possession of the work and all the Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by the Contractor (without liability to the Contractor for trespass or conversion), incorporate in the work all materials and equipment stored at the site or for which the OWNER has paid the Contractor but which are stored elsewhere, and finish the work as the OWNER may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the work is finished If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the work, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor shall pay the difference to the OWNER. Such costs incurred by the OWNER shall be verified by the Engineer and incorporated in a Change Order, but in finishing the work the OWNER shall not be required to obtain the lowest figure for the work performed. Where the Contractor's services have been so terminated by the OWNER, the termination shall not affect any rights of the OWNER against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due the Contractor by the OWNER will not release the Contractor from liability G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-40 Upon seven (7) days written notice to the Contractor and Engineer, the OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the work and terminate the Agreement. In such case, the Contractor shall be paid for all work executed and any expense sustained plus reasonable termination expenses Contractor May Stop Work or Terminate. If, through no act or fault of the Contractor, the work is suspended for a period of more than ninety (90) days by the OWNER or under an order of court or other public authority, or the Engineer fails to act on any Application for Payment within thirty (30) days after it is submitted, or the OWNER fails for sixty (60) days to pay the Contractor any sum finally determined by the Engineer to be due, then the Contractor may, upon seven (7) days written notice to the OWNER and Engineer, terminate the Agreement and recover from the OWNER payment for all work executed and any expense sustained plus reasonable termination expenses In addition, and in lieu of terminating the Agreement, if the Engineer has failed to act on the Application for Payment or the OWNER has failed to make any payment as aforesaid, the Contractor may upon seven (7) days written notice to the OWNER and Engineer stop the work until payment of all amounts then due The provisions of this paragraph shall not relieve the Contractor of his obligations to carry on the work in accordance with the progress schedule and without delay during disputes and disagreements with the OWNER. 70-22 Arbitration All claims, disputes, and other matters in questions between the OWNER and Contractor arising out of, or relating to the Contract Documents or the breach thereof except for claims which have been waived by the making or acceptance of final payment, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the America Arbitration Association then pertaining subject to the limitation of this Section This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith will be specifically enforceable under the prevailing arbitration law of any court having jurisdiction No demand for arbitration of any claim, dispute or other matter that is required to be referred to the Engineer initially for decision shall be made until the earlier of (1) the date on which the Engineer has rendered a decision or (2) the tenth day after the parties have presented their evidence to the Engineer if a written decision has not been rendered by the Engineer before that date No demand for arbitration of any such claim, dispute or other matter shall be made later than thirty (30) days after the date on which the Engineer has rendered a written decision in respect thereof; and the failure to demand arbitration within said thirty (30) days period shall result in the Engineer's decision being final and binding upon the OWNER and Contractor If the Engineer renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but shall not superseded the arbitration proceedings, except where the decision is acceptable to the parties concerned Notice of the demand for arbitration shall be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy shall be sent to the Engineer for information The demand for arbitration shall be made within the thirty (30) day period, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event, shall any such demand be made after institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity, including the Engineer, his agents, employees or consultants, who is not a party to this Agreement unless a The inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration b Such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and G.\PROJECTS\2017\17035E\SPEC\17035 SPEC docx 6-41 c. The written consent of the other person or entity sought to be included and of the OWNER and Contractor has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and will not be subject to modification or appeal except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U S.0 10, 11) END OF SECTION 70 G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-42 SECTION 80 - EXECUTION AND PROGRESS 80-01 Subletting of contract. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer The Contractor shall provide copies of all subcontracts to the Engineer. The Contractor shall perform, with his organization, an amount of work equal to at least 25 percent of the total contract cost. Should the Contractor elect to assign his or her contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the Owner, and shall be consummated only on the written approval of the Owner The Contractor shall not employ any subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute, against whom the OWNER or the Engineer may have reasonable objection. A subcontractor or other person or organization identified in writing to the OWNER and the Engineer by the Contractor prior to the Notice of Award, and not objected to in writing by the OWNER or the Engineer prior to the Notice of Award will be deemed acceptable to the OWNER and the Engineer. Acceptance of any subcontractor, other person or organization by the OWNER or the Engineer shall not constitute a waiver of any right of the OWNER or the Engineer to reject defective work If the OWNER or the Engineer after due investigation has reasonable objection to any subcontractor, other person or organization by the Contractor after the Notice of Award, the Contractor shall submit an acceptable substitute and the Contract Price shall be increased or decreased by the difference in cost occasioned by such substitution, and an appropriate Change Order shall be issued. The Contractor shall not be required to employ any subcontractor, other person or organization against whom the Contractor has reasonable objection. The Contractor shall be fully responsible for all acts and omissions of his subcontractors and of persons and organizations for whose acts any of them may be liable to the same extent that the Contractor is responsible for the acts and omission of persons directly employed by the Contractor. Nothing in the Contract Documents shall create any contractual relationship between the OWNER with the subcontractor, nor shall it create any obligation on the part of the OWNER or the Engineer to pay or to see to the payment of any moneys due any subcontractor or other person or organization, except as may otherwise be required by law. The OWNER or Engineer may furnish to any subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to the Contractor on account of specific work done The sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing the work among subcontractors or delineating the work to be performed by any specific trade All work performed for the Contractor by a subcontractor will be pursuant to an appropriate agreement between the Contractor and the subcontractor which specifically binds the subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER and the Engineer 80-02 Notice to proceed The notice to proceed shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the Engineer in the written notice to proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction operations will begin. The Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the Owner. Before Starting Construction. Within ten (10) days after the effective date of the Agreement, unless otherwise specified, the Contractor shall submit to the Engineer for review and acceptance an estimated progress schedule indicating the starting and completion dates of the various stages of the work, a preliminary schedule of Shop Drawing submissions, and a preliminary schedule of values of the work. G:\PROJECTS\2017117035E\SPEC\17035 SPEC.docx 6-43 Before any work at the site is started, the Contractor shall deliver to the OWNER with a copy to the Engineer, certificates and other evidence of insurance required by the OWNER which the Contractor is required to purchase and maintain Preconstruction Conference. Within ten (10) days after the effective date of the Agreement, but before the Contractor starts the work, a conference will be held for review and acceptance of the schedules to establish procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the work Presentation of a detailed project schedule is required Failure to comply with these requirements may dictate an additional preconstruction conference 80-03 Execution and progress Unless otherwise specified, the Contractor shall submit their progress schedule for the Engineer's approval within 10 days after the effective date of the notice to proceed The Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the proposal If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's request, submit a revised schedule for completion of the work within the contract time and modify their operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule Should the execution of the work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations The Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the Owner 80-04 Limitation of operations The Contractor shall control his or her operations and the operations of his or her subcontractors and all suppliers to provide for the free and unobstructed movement of aircraft in the air operations areas (AOA) of the airport. When the work requires the Contractor to conduct his or her operations within an AOA of the airport, the work shall be coordinated with airport operations (through the Engineer) at least 48 hours prior to commencement of such work The Contractor shall not close an AOA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection 70-08 titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70 When the contract work requires the Contractor to work within an AOA of the airport on an intermittent basis (intermittent opening and closing of the AOA), the Contractor shall maintain constant communications as specified, immediately obey all instructions to vacate the AOA, immediately obey all instructions to resume work in such AOA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor's operations in the AOA until the satisfactory conditions are provided All work is to be completed in accordance with the Construction Safety Phasing Plans and Report. Contractor shall be required to conform to safety standards contained in AC 150/5370-2, Operational Safety on Airports During Construction (see Special Provisions) 80-04.1 Operational safety on airport during construction. All Contractors' operations shall be conducted in accordance with the project Construction Safety and Phasing Plan (CSPP) and the provisions set forth within the current version of AC 150/5370-2 The CSPP included within the contract documents conveys minimum requirements for operational safety on the airport during construction activities The Contractor shall prepare and submit a Safety Plan Compliance Document that details how it proposes to comply with the requirements presented within the CSPP The Contractor shall implement all necessary safety plan measures prior to commencement of any work activity The Contractor shall conduct routine checks to assure compliance with the safety plan measures G'\PROJECTS\2017\17035E\SPEC \17035 SPEC.docx 6-44 The Contractor is responsible to the Owner for the conduct of all subcontractors it employs on the project. The Contractor shall assure that all subcontractors are made aware of the requirements of the CSPP and that they implement and maintain all necessary measures. No deviation or modifications may be made to the approved CSPP unless approved in writing by the Owner or Engineer. In emergencies affecting the safety or protection of persons or the work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Engineer or OWNER, is obligated to act to prevent threatened damage, injury, or loss. The Contractor shall give the Engineer prompt written notice of any significant changes in the work or deviations from the Contract Documents caused thereby. 80-05 Character of workers, methods, and equipment. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications All workers shall have sufficient skill and experience to perform properly the work assigned to them Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily Any person employed by the Contractor or by any subcontractor who violates any operational regulations or operational safety requirements and, in the opinion of the Engineer, does not perform his work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Engineer, be removed forthwith by the Contractor or subcontractor employing such person, and shall not be employed again in any portion of the work without approval of the Engineer. Should the Contractor fail to remove such persons or person, or fail to furnish suitable and sufficient personnel for the proper execution of the work, the Engineer may suspend the work by written notice until compliance with such orders All equipment that is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing airport facilities will result from its use. When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans, and specifications. When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the contract, the Contractor may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract requirements If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection 80-06 Temporary suspension of the work. The Owner shall have the authority to suspend the work wholly, or in part, for such period or periods as the Owner may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the execution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract. G:\PROJECTS\2017117035E \ SPEC \ 17035 SPEC.docx 6-45 In the event that the Contractor is ordered by the Owner, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown No allowance will be made for anticipated profits The period of shutdown shall be computed from the effective date of the Engineer's order to suspend work to the effective date of the Engineer's order to resume the work Claims for such compensation shall be filed with the Engineer within the time period stated in the Engineer's order to resume work. The Contractor shall submit with his or her claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor's claim to the Owner for consideration in accordance with local laws or ordinances No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Owner, or for any other delay provided for in the contract, plans, or specifications If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. The Contractor shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport. 80-07 Determination and extension of contract time The number of calendar or working days allowed for completion of the work shall be stated in the proposal and contract and shall be known as the CONTRACT TIME Should the contract time require extension for reasons beyond the Contractor's control, it shall be adjusted as follows a CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer The Engineer will furnish the Contractor a copy of his or her weekly statement of the number of working days charged against the contract time during the week and the number of working days currently specified for completion of the contract (the original contract time plus the number of working days, if any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK) The Engineer shall base his or her weekly statement of contract time charged on the following considerations (1) No time shall be charged for days on which the Contractor is unable to proceed with the principal item of work under construction at the time for at least six (6) hours with the normal work force employed on such principal item Should the normal work force be on a double -shift, 12 hours shall be used Should the normal work force be on a triple -shift, 18 hours shall apply Conditions beyond the Contractor's control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction or temporary suspension of the entire work which have been ordered by the Owner for reasons not the fault of the Contractor, shall not be charged against the contract time (2) The Engineer will not make charges against the contract time prior to the effective date of the notice to proceed (3) The Engineer will begin charges against the contract time on the first working day after the effective date of the notice to proceed (4) The Engineer will not make charges against the contract time after the date of final acceptance as defined in the subsection 50-15 titled FINAL ACCEPTANCE of Section 50. (5) The Contractor will be allowed one (1) week in which to file a written protest setting forth his or her objections to the Engineer's weekly statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor. G:\PROJECTS\2017\17035E\SPEC\17035 SPEC docx 6-46 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The contract time (stated in the proposal) is based on the originally estimated quantities as described in the subsection 20-05 titled INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the satisfactory completion of the contract require performance of work in greater quantities than those estimated in the proposal, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal Such increase in contract time shall not consider either the cost of work or the extension of contract time that has been covered by change order or supplemental agreement and shall be made at the time of final payment. b Contract Time based on calendar days shall consist of the number of calendar days stated in the contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and non -work days. All calendar days elapsing between the effective dates of the Owner's orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded At the time of final payment, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in the contract time shall not consider either cost of work or the extension of contract time that has been covered by a change order or supplemental agreement. Charges against the contract time will cease as of the date of final acceptance c. When the contract time is a specified completion date, it shall be the date on which all contract work shall be substantially complete If the Contractor finds it impossible for reasons beyond his or her control to complete the work within the contract time as specified, or as extended in accordance with the provisions of this subsection, the Contractor may, at any time prior to the expiration of the contract time as extended, make a written request to the Owner for an extension of time setting forth the reasons which the Contractor believes will justify the granting of his or her request. Requests for extension of time on calendar day projects, caused by inclement weather, shall be supported with National Weather Bureau data showing the actual amount of inclement weather exceeded what could normally be expected during the contract period. The Contractor's plea that insufficient time was specified is not a valid reason for extension of time. If the supporting documentation justify the work was delayed because of conditions beyond the control and without the fault of the Contractor, the Owner may extend the time for completion by a change order that adjusts the contract time or completion date The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion 80-08 Failure to complete on time For each calendar day or working day, as specified in the contract, that any work remains uncompleted after the contract time (including all extensions and adjustments as provided in the subsection 80-07,titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum specified in the contract and proposal as liquidated damages will be deducted from 'any money due or to become due the Contractor or his or her surety Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages including but not limited to additional engineering services that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in their contract. The amounts for liquidated damages is provided below: Schedule Liquidated Damages Cost Allowed Construction Time A $500 00 300 Days The maximum construction time allowed for Schedule A will be the sum of the time allowed for individual schedules but not more than 300 days. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the Owner of any of its rights under the contract. 80-09 Default and termination of contract. The Contractor shall be considered in default of his or her contract and such default will be considered as cause for the Owner to terminate the contract for any of the following reasons if the Contractor: G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-47 a Fails to begin the work under the contract within the time specified in the Notice to Proceed, or b Fails to perform the work or fails to provide sufficient workers, equipment and/or materials to assure completion of work in accordance with the terms of the contract, or c Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or d Discontinues the execution of the work, or e Fails to resume work which has been discontinued within a reasonable time after notice to do so, or f Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or g Allows any final judgment to stand against the Contractor unsatisfied for a period of 10 days, or h Makes an assignment for the benefit of creditors, or i For any other cause whatsoever, fails to carry on the work in an acceptable manner Should the Engineer consider the Contractor in default of the contract for any reason above, the Engineer shall immediately give written notice to the Contractor and the Contractor's surety as to the reasons for considering the Contractor in default and the Owner's intentions to terminate the contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the contract, to take the execution of the work out of the hands of the Contractor The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable manner All costs and charges incurred by the Owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess 80-10 Termination for national emergencies The Owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the execution of war or in the interest of national defense When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started No claims or loss of anticipated profits shall be considered Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer G \PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-48 Termination of the contract or a portion thereof shall neither relieve the Contractor of his or her responsibilities for the completed work nor shall it relieve his or her surety of its obligation for and concerning any just claim arising out of the work performed 80-11 Work area, storage area and sequence of operations The Contractor shall obtain approval from the Engineer prior to beginning any work in all areas of the airport. No operating runway, taxiway, or air operations area (AOA) shall be crossed, entered, or obstructed while it is operational. The Contractor shall plan and coordinate his or her work in such a manner as to ensure safety and a minimum of hindrance to flight operations. All Contractor equipment and material stockpiles shall be stored a minimum or 125 feet from the centerline of an active runway. No equipment will be allowed to park within the approach area of an active runway at any time No equipment shall be within 125 feet of an active runway at any time 80-12 Engineer's Status During Construction Decisions on Disagreements: The Engineer will be the initial interpreter of the requirements of the Contract Documents and judge the acceptability of the work thereunder Claims, disputes, and other matters relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work shall be referred initially to the Engineer in writing with a request for a formal decision in accordance with this paragraph, which the Engineer will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter shall be delivered by the claimant to the Engineer and the other party to the Agreement within fifteen (15) days of the occurrence of the event giving rise thereto, and written supporting data will be submitted to the Engineer and the other party within forty- five (45) days of such occurrence unless the Engineer allows and additional period of time to ascertain more accurate data. In his capacity as interpreter and judge the Engineer will not show partiality to the OWNER or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by the Engineer with respect to any such claim, dispute or other matter (except - any which have been waived by the making or acceptance of final payment) will be a condition precedent to any exercise by the OWNER or Contractor of such rights or remedies as either may otherwise have under the Contract Documents or at law in respect of any such claims, dispute or other matter Limitations on Engineer's Responsibilities: Neither the Engineer's authority to act under this Section or elsewhere in the Contract Documents nor any decision made by the Engineer in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of the Engineer to the Contractor, and subcontractor, manufacturer, fabricator, supplier, or distributor, or any of their agents or employees or any other person performing any of the work. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used, to describe requirements, direction, review or judgment of the Engineer as to the work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective never indicates that the Engineer shall have authority to supervise or direct performance of the work or authority to undertake responsibility contrary to the provisions. END OF SECTION 80 G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-49 SECTION 90 - MEASUREMENT AND PAYMENT 90-01 Measurement of quantities All work completed under the contract will be measured by the Engineer, or his or her authorized representatives, using United States Customary Units of Measurement or the International System of Units The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave -outs) having an area of 9 square feet (0.8 square meters) or less Unless otherwise specified, transverse measurements for area 'computations will be the neat dimensions shown on the plans or ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. In computing volumes of excavation, the average end area method or other acceptable methods will be used. The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inch The term "ton" will mean the short ton consisting of 2,000 Ib (907 km) avoirdupois All materials that are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designed by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material is paid for However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable for the materials hauled, provided that the body is of such shape that the actual contents may be readily and accurately determined All vehicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery When requested by the Contractor and approved by the Engineer in writing, material specified to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be converted to cubic yards (cubic meters) for payment purposes Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. Bituminous materials will be measured by the gallon (liter) or ton (kg). When measured by volume, such volumes will be measured at 60°F (16°C) or will be corrected to the volume at 60°F (16°C) using ASTM D1250 for asphalts or ASTM D633 for tars Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities Cement will be measured by the ton (kg) or hundredweight (km). G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-50 Timber will be measured by the thousand feet board measure (MFBM) actually incorporated in the structure Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered by the Engineer in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection 90-05 titled PAYMENT FOR EXTRA WORK of this section When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc , and these items are identified by gauge, unit weight, section dimensions, etc , such identification will be considered to be nominal weights or dimensions Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales Scales shall be accurate within 1/2% of the correct weight throughout the range of use The Contractor shall have the scales checked under the observation of the inspector before beginning work and at such other times as requested The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one-tenth of 1% of the nominal rated capacity of the scale, but not less than 1 pound (454 grams) The use of spring balances will not be permitted Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them Scale installations shall have available ten standard 50 -pound (2 3 km) weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end Scales "overweighing" (indicating more than correct weight) will not be permitted to operate, and all materials received subsequent to the last previous correct weighting -accuracy test will be reduced by the percentage of error in excess of one-half of 1 In the event inspection reveals the scales have been underweighing (indicating less than correct weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed and recorded All costs in connection with furnishing, installing, certifying, testing, and maintaining scales, for furnishing check weights and scale house, and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project. When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer If revised dimensions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-51 90-02 Scope of payment. The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials, for performing all work under the contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the execution thereof, subject to the provisions of the subsection 70-18 titled NO WAIVER OF LEGAL RIGHTS of Section 70. When the "basis of payment" subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications 90-03 Compensation for altered quantities. When the accepted quantities �f work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted No allowance, except as provided for in the subsection 40-02 titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his or her unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 Payment for omitted items As specified in the subsection 40-03 titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the Owner Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or non -perform such contract item Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. 90-05 Payment for extra work. Extra work, performed in accordance with the subsection 40-04 titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. 90-06 Partial payments. Partial payments will be made to the Contractor at least once each month as the work progresses. Said payments will be based upon estimates, prepared by the Engineer, of the value of the work performed and materials complete and in place, in accordance with the contract, plans, and specifications Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection 90-07 titled PAYMENT FOR MATERIALS ON HAND of this section No partial payment will be made when the amount due to the Contractor since the last estimate amounts to less than five hundred dollars. The Contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than 30 days after the Contractor has received a partial payment. The Owner must ensure prompt and full payment of retainage from the prime Contractor to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed A subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Owner When the Owner has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. From the total of the amount determined to be payable on a partial payment, five (5) percent of such total amount will be deducted and retained by the Owner until the final payment is made, G:\PROJECTS\2017\17035E\SPEC117035 SPEC.docx 6-52 except as may be provided (at the Contractor's option) in the subsection 90-08 titled PAYMENT OF WITHHELD FUNDS of this section The balance ninety-five (95) percent of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his or her option, as provided in the subsection 90-08 titled PAYMENT OF WITHHELD FUNDS of this section, no such percent retainage shall be deducted When at least 95% of the work has been completed, the Engineer shall, at the Owner's discretion and with the consent of the surety, prepare estimates of both the contract value and the cost of the remaining work to be done The Owner may retain an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity All partial payments are subject to correction at the time of final payment as provided in the subsection 90-09 titled ACCEPTANCE AND FINAL PAYMENT of this section The Contractor shall deliver to the Owner a complete release of all claims for labor and material arising out of this contract before the final payment is made If any subcontractor or supplier fails to furnish such a release in full, the Contractor may furnish a bond or other collateral satisfactory to the Owner to indemnify the Owner against any potential lien or other such claim The bond or collateral shall include all costs, expenses, and attorney fees the Owner may be compelled to pay in discharging any such lien or claim 90-07 Payment for materials on hand. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the airport property or at other sites in the vicinity that are acceptable to the Owner Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: a The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site b The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials c The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid d The Contractor has furnished the Owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. e The Contractor has furnished the Owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the work It is understood and agreed that the transfer of title and the Owner's payment for such stored or stockpiled materials shall in no way relieve the Contractor of his or her responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans, and specifications In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used No partial payment will be made for stored or stockpiled living or perishable plant materials G'1PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-53 The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection. 90-08 Payment of withheld funds. At the Contractor's option, if an Owner withholds retainage in accordance with the methods described in subsection 90-06 PARTIAL PAYMENTS, the Contractor may request that the Owner deposit the retainage into an escrow account. The Owner's deposit of retainage into an escrow account is subject to the following conditions a The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the Owner b. The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the Owner and having a value not less than the retainage that would otherwise be withheld from partial payment. c The Contractor shall enter into an escrow agreement satisfactory to the Owner. d The Contractor shall obtain the written consent of the surety to such agreement. 90-09 Acceptance and final payment. When the contract work has been accepted in accordance with the requirements of the subsection 50-15 titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of the Contractor's objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30 -day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection 50-16 titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, and after the Engineer's receipt of the project closeout documentation required in subsection 90-11 Project Closeout, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection 50-16 titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate 90-10 Construction warranty. a. In addition to any other warranties in this contract, the Contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, workmanship, or design furnished, or performed by the Contractor or any subcontractor or supplier at any tier. b. This warranty shall continue for a period of one year from the date of final acceptance of the work. If the Owner takes possession of any part of the work before final acceptance, this warranty shall continue for a period of one year from the date the Owner takes possession. However, this will not relieve the Contractor from corrective items required by the final acceptance of the project work. c. The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Owner real or personal property, when that damage is the result of• G:\PROJECTS12017\17035E\SPEC117035 SPEC.docx 6-54 (1) The Contractor's failure to conform to contract requirements, or (2) Any defect of equipment, material, workmanship, or design furnished by the Contractor d The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause The Contractor's warranty with respect to work repaired or replaced will run for one year from the date of repair or replacement. e The Owner will notify the Contractor, in writing, within seven (7) days after the discovery of any failure, defect, or damage f. If the Contractor fails to remedy any failure, defect, or damage within 14 days after receipt of notice, the Owner shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense g With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall. (1) Obtain all warranties that would be given in normal commercial practice, (2) Require all warranties to be executed, in writing, for the benefit of the Owner, as directed by the Owner, and (3) Enforce all warranties for the benefit of the Owner h This warranty shall not limit the Owner's rights with respect to latent defects, gross mistakes, or fraud 90-11 Project closeout. Approval of final payment to the Contractor is contingent upon completion and submittal of the items listed below The final payment will not be approved until the Engineer approves the Contractor's final submittal The Contractor shall a Provide two (2) copies of all manufacturers warranties specified for materials, equipment, and installations b Provide weekly payroll records (not previously received) from the general Contractor and all subcontractors c Complete final cleanup in accordance with subsection 40-08, FINAL CLEANUP d Complete all punch list items identified during the Final Inspection e Provide complete release of all claims for labor and material arising out of the Contract. f Provide a certified statement signed by the subcontractors, indicating actual amounts paid to the Disadvantaged Business Enterprise (DBE) subcontractors and/or suppliers associated with the project. g When applicable per state requirements, return copies of sales tax completion forms h Manufacturer's certifications for all items incorporated in the work i All required record drawings, as -built drawings or as -constructed drawings j Project Operation and Maintenance (O&M) Manual k. Security for Construction Warranty I. Equipment commissioning documentation submitted, if required END OF SECTION 90 G:\PROJECTS\2017\17035E\SPEC\17035 SPEC docx 6-55 SECTION 100 - CONTRACTOR QUALITY CONTROL PROGRAM 100-01 General. When the specification requires a Contractor Quality Control Program, the Contractor shall establish, provide, and maintain an effective Quality Control Program that details the methods and procedures that will be taken to assure that all materials and completed construction required by this contract conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. Although guidelines are established and certain minimum requirements are specified here and elsewhere in the contract technical specifications, the Contractor shall assume full responsibility for accomplishing the stated purpose The intent of this section is to enable the Contractor to establish a necessary level of control that will: a. Adequately provide for the production of acceptable quality materials. b Provide sufficient information to assure both the Contractor and the Engineer that the specification requirements can be met. c Allow the Contractor as much latitude as possible to develop his or her own standard of control. The Contractor shall be prepared to discuss and present, at the preconstruction conference, their understanding of the quality control requirements. The Contractor shall not begin any construction or production of materials to be incorporated into the completed work until the Quality Control Program has been reviewed and accepted by the Engineer No partial payment will be made for materials subject to specific quality control requirements until the Quality Control Program has been reviewed The quality control requirements contained in this section and elsewhere in the contract technical specifications are in addition to and separate from the acceptance testing requirements. Acceptance testing requirements are the responsibility of the Engineer Paving projects over $500,000 shall have a Quality Control (QC)/Quality Assurance (QA) workshop with the Engineer, Contractor, subcontractors, testing laboratories, and Owner's representative at start of construction The workshop shall address QC and QA requirements of the project specifications The Contractor shall coordinate with the Airport and the Engineer on time and location of the QC/QA workshop 100-02 Description of program. a General description. The Contractor shall establish a Quality Control Program to perform quality control inspection and testing of all items of work required by the technical specifications, including those performed by subcontractors. This Quality Control Program shall ensure conformance to applicable specifications and plans with respect to materials, workmanship, construction, finish, and functional performance. The Quality Control Program shall be effective for control of all construction work performed under this Contract and shall specifically include surveillance and tests required by the technical specifications, in addition to other requirements of this section and any other activities deemed necessary by the Contractor to establish 'an effective level of quality control. b. Quality Control Program. The Contractor shall describe the Quality Control Program in a written document that shall be reviewed and approved by the Engineer prior to the start of any production, construction, or off-site fabrication. The written Quality Control Program shall be submitted to the Engineer for review and approval at least 7 calendar days before the start of work. The Contractor's Quality Control Plan and Quality Control testing laboratory must be approved in writing by the Engineer prior to the Notice to Proceed (NTP) The Quality Control Program shall be organized to address, as a minimum, the following items. a Quality control organization. b. Project progress schedule c Submittals schedule. G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-56 d Inspection requirements e Quality control testing plan f. Documentation of quality control activities g Requirements for corrective action when quality control and/or acceptance criteria are not met. The Contractor is encouraged to add any additional elements to the Quality Control Program that is deemed necessary to adequately control all production and/or construction processes required by this contract. 100-03 Quality control organization. The Contractor Quality Control Program shall be implemented by the establishment of a separate quality control organization An organizational chart shall be developed to show all quality control personnel and how these personnel integrate with other management/production and construction functions and personnel The organizational chart shall identify all quality control staff by name and function, and shall indicate the total staff required to implement all elements of the Quality Control Program, including inspection and testing for each item of work If necessary, different technicians can be used for specific inspection and testing functions for different items of work If an outside organization or independent testing laboratory is used for implementation of all or part of the Quality Control Program, the personnel assigned shall be subject to the qualification requirements of paragraph 1 00-03a and 1 00-03b The organizational chart shall indicate which personnel are Contractor employees and which are provided by an outside organization The quality control organization shall, as a minimum, consist of the following personnel a Program Administrator. The Program Administrator shall be a full-time on-site employee of the Contractor, or a consultant engaged by the Contractor The Program Administrator shall have a minimum of five (5) years of experience in airport and/or highway construction and shall have had prior quality control experience on a project of comparable size and scope as the contract. Additional qualifications for the Program Administrator shall include at least one of the following requirements 1) Professional Engineer with one (1) year of airport paving experience 2) Engineer -in -training with two (2) years of airport paving experience 3) An individual with three (3) years of highway and/or airport paving experience, with a Bachelor of Science Degree in Civil Engineering, Civil Engineering Technology or Construction 4) Construction materials technician certified at Level III by the National Institute for certification in Engineering Technologies (NICET) 5) Highway materials technician certified at Level III by NICET 6) Highway construction technician certified at Level III by NICET 7) A NICET certified engineering technician in Civil Engineering Technology with five (5) years of highway and/or airport paving experience The Program Administrator shall have full authority to institute any and all actions necessary for the successful implementation of the Quality Control Program to ensure compliance with the contract plans and technical specifications The Program Administrator shall report directly to a responsible officer of the construction firm. The Program Administrator may supervise the Quality Control Program on more than one project provided that person can be at the job site within two (2) hours after being notified of a problem G.\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-57 b. Quality control technicians. A sufficient number of quality control technicians necessary to adequately implement the Quality Control Program shall be provided. These personnel shall be either Engineers, engineering technicians, or experienced craftsman with qualifications in the appropriate field equivalent to NICET Level II or higher construction materials technician or highway construction technician and shall have a minimum of two (2) years of experience in their area of expertise The quality control technicians shall report directly to the Program Administrator and shall perform the following functions. (1) Inspection of all materials, construction, plant, and equipment for conformance to the technical specifications, and as required by subsection 100-06. (2) Performance of all quality control tests as required by the technical specifications and subsection 100-07. (3) Performance of density tests for the Engineer when required by the technical specifications. Certification at an equivalent level, by a state or nationally recognized organization will be acceptable in lieu of NICET certification. c Staffing levels. The Contractor shall provide sufficient qualified quality control personnel to monitor each work activity at all times Where material is being produced in a plant for incorporation into the work, separate plant and field technicians shall be provided at each plant and field placement location.' The scheduling and coordinating of all inspection and testing must match the type and pace of work activity. The Quality Control Program shall state where different technicians will be required for different work elements. 100-04 Project progress schedule. The Contractor shall submit a coordinated construction•schedule for all work activities. The schedule shall be prepared as a network diagram in Critical Path Method (CPM), Program Evaluation and Review Technique (PERT), or other format, or as otherwise specified in the contract. As a minimum, it shall provide information on the sequence of work activities, milestone dates, and activity duration The Contractor shall maintain the work schedule and provide an update and analysis of the progress schedule on a twice monthly basis, or as otherwise specified in the contract. Submission of the work schedule shall not relieve the Contractor of overall responsibility for scheduling, sequencing, and coordinating all work to comply with the requirements of the contract. 100-05 Submittals schedule. The Contractor shall submit a detailed listing of all submittals (for example, mix designs, material certifications) and shop drawings required by the technical specifications. The listing can be developed in a spreadsheet format and shall include. a Specification item number b Item description. c Description of submittal d Specification paragraph requiring submittal e Scheduled date of submittal 100-06 Inspection requirements. Quality control inspection functions shall be organized to provide inspections for all definable features of work, as detailed below All inspections shall be documented by the Contractor as specified by subsection 100-07 Inspections shall be performed daily to ensure continuing compliance with contract requirements until completion of the particular feature of work. These shall include the following minimum requirements G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-58 a During plant operation for material production, quality control test results and periodic inspections shall be used to ensure the quality of aggregates and other mix components, and to adjust and control mix proportioning to meet the approved mix design and other requirements of the technical specifications All equipment used in proportioning and mixing shall be inspected to ensure its proper operating condition The Quality Control Program shall detail how these and other quality control functions will be accomplished and used. b During field operations, quality control test results and periodic inspections shall be used to ensure the quality of all materials and workmanship All equipment used in placing, finishing, and compacting shall be inspected to ensure its proper operating condition and to ensure that all such operations are in conformance to the technical specifications and are within the plan dimensions, lines, grades, and tolerances specified The Program shall document how these and other quality control functions will be accomplished and used 100-07 Quality control testing plan. As a part of the overall Quality Control Program, the Contractor shall implement a quality control testing plan, as required by the technical specifications The testing plan shall include the minimum tests and test frequencies required by each technical specification Item, as well as any additional quality control tests that the Contractor deems necessary to adequately control production and/or construction processes The testing plan can be developed in a spreadsheet fashion and shall, as a minimum, include the following a Specification item number (for example, P-401). b Item description (for example, Plant Mix Bituminious Pavements) c Test type (for example, gradation, grade, asphalt content) d Test standard (for example, ASTM or American Association of State Highway and Transportation Officials (AASHTO) test number, as applicable) e Test frequency (for example, as required by technical specifications or minimum frequency when requirements are not stated) f Responsibility (for example, plant technician) g Control requirements (for example, target, permissible deviations) The testing plan shall contain a statistically -based procedure of random sampling for acquiring test samples in accordance with ASTM D3665 The Engineer shall be provided the opportunity to witness quality control sampling and testing All quality control test results shall be documented by the Contractor as required by subsection 100-08 100-08 Documentation. The Contractor shall maintain current quality control records of all inspections and tests performed These records shall include factual evidence that the required inspections or tests have been performed, including type and number of inspections or tests involved, results of inspections or tests; nature of defects, deviations, causes for rejection, etc , proposed remedial action, and corrective actions taken These records must cover both conforming and defective or deficient features, and must include a statement that all supplies and materials incorporated in the work are in full compliance with the terms of the contract. Legible copies of these records shall be furnished to the Engineer daily. The records shall cover all work placed subsequent to the previously furnished records and shall be verified and signed by the Contractor's Program Administrator Specific Contractor quality control records required for the contract shall include, but are not necessarily limited to, the following records G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-59 a. Daily inspection reports. Each Contractor quality control technician shall maintain a daily log of all inspections performed for both Contractor and subcontractor operations These technician's daily reports shall provide factual evidence that continuous quality control inspections have been performed and shall, as a minimum, include the following: (1) Technical specification item number and description (2) Compliance with approved submittals (3) Proper storage of materials and equipment. (4) Proper operation of all equipment. (5) Adherence to plans and technical specifications. (6) Review of quality control tests (7) Safety inspection. The daily inspection reports shall identify inspections conducted, results of inspections, location and nature of defects found, causes for rejection, and remedial or corrective actions taken or proposed. The daily inspection reports shall be signed by the responsible quality control technician and the Program Administrator The Engineer shall be provided at least one copy of each daily inspection report on the work day following the day of record. b. Daily test reports. The Contractor shall be responsible for establishing a system that will record all quality control test results. Daily test reports shall document the following information. (1) Technical specification item number and description (2) Test designation. (3) Location (4) Date of test. (5) Control requirements (6) Test results (7) Causes for rejection (8) Recommended remedial actions (9) Retests. Test results from each day's work period shall be submitted to the Engineer prior to the start of the next day's work period When required by the technical specifications, the Contractor shall maintain statistical quality control charts The daily test reports shall be signed by the responsible quality control technician and the Program Administrator 100-09 Corrective action requirements. The Quality Control Program shall indicate the appropriate action to be taken when a process is deemed, or believed, to be out of control (out of tolerance) and detail what action will be taken to bring the process into control The requirements for corrective action shall include- both general requirements for operation of the Quality Control Program as a whole, and for individual items of work contained in the technical specifications The Quality Control Program shall detail how the results of quality control inspections and tests will be used for determining the need for corrective action and shall contain clear sets of rules to gauge when a process is out of control and the type of correction to be taken to regain process control When applicable or required by the technical specifications, the Contractor shall establish and use statistical quality control charts for individual quality control tests The requirements for corrective action shall be linked to the control charts 100-10 Surveillance by the Engineer. All items of material and equipment shall be subject to surveillance by the Engineer at the point of production, manufacture or shipment to determine if the Contractor, producer, manufacturer or shipper maintains an adequate quality control system in conformance with the requirements detailed here and the applicable technical specifications and plans. In addition, all items of materials, equipment and work in place shall be subject to surveillance by the Engineer at the site for the same purpose. G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-60 Surveillance by the Engineer does not relieve the Contractor of performing quality control inspections of either on-site or off-site Contractor's or subcontractor's work. 100-11 Noncompliance. a The Engineer will notify the Contractor of any noncompliance with any of the foregoing requirements The Contractor shall, after receipt of such notice, immediately take corrective action Any notice, when delivered by the Engineer or his or her authorized representative to the Contractor or his or her authorized representative at the site of the work, shall be considered sufficient notice b In cases where quality control activities do not comply with either the Contractor Quality Control Program or the contract provisions, or where the Contractor fails to properly operate and maintain an effective Quality Control Program, as determined by the Engineer, the Engineer may: (1) Order the Contractor to replace ineffective or unqualified quality control personnel or subcontractors (1) Order the Contractor to stop operations until appropriate corrective actions are taken END OF SECTION 100 G'\PROJECTS \2017\17035E\SPEC\17035 SPEC.docx 6-61 SECTION 105 - MOBILIZATION This Section not used. 105-1 Description. This item shall consist of work and operations, but is not limited to, work and operations necessary for the movement of personnel, equipment, material and supplies to and from the project site for work on the project except as provided in the contract as separate pay items 105-1.1 Posted notices. Prior to commencement of construction activities the Contractor must post the following documents in a prominent and accessible place where they may be easily viewed by all employees of the prime Contractor and by all employees of subcontractors engaged by the prime Contractor. Equal Employment Opportunity (EEO) Poster "Equal Employment Opportunity is the Law" in accordance with the Office of Federal Contract Compliance Programs Executive Order 11246, as amended; Davis Bacon Wage Poster (WH 1321) - DOL "Notice to All Employees" Poster; and Applicable Davis -Bacon Wage Rate Determination. These notices must remain posted until final acceptance of the work by the Owner. 105-2 Basis of measurement and payment. Based upon the contract lump sum price for "Mobilization" partial payments will be allowed as follows: a. With first pay request, 25% b. When 25% or more of the original contract is earned, an additional 25% c When 50% or more of the original contract is earned, an additional 40%. d. After Final Inspection, Staging area clean-up and delivery of all Project Closeout materials as required by 90-11, the final 10% END OF SECTION 105 G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-62 SECTION 110 - METHOD OF ESTIMATING PERCENTAGE OF MATERIAL WITHIN SPECIFICATION LIMITS (PWL) 110-01 General. When the specifications provide for acceptance of material based on the method of estimating percentage of material within specification limits (PWL), the PWL will be determined in accordance with this section All test results for a lot will be analyzed statistically to determine the total estimated percent of the lot that is within specification limits The PWL is computed using the sample average (X) and sample standard deviation (Sn) of the specified number (n) of sublots for the lot and the specification tolerance limits, L for lower and U for upper, for the particular acceptance parameter. From these values, the respective Quality index, QL for Lower Quality Index and/or Qu for Upper Quality Index, is computed and the PWL for the lot for the specified n is determined from Table 1. All specification limits specified in the technical sections shall be absolute values Test results used in the calculations shall be to the significant figure given in the test procedure. There is some degree of uncertainty (risk) in the measurement for acceptance because only a small fraction of production material (the population) is sampled and tested This uncertainty exists because all portions of the production material have the same probability to be randomly sampled. The Contractor's risk is the probability that material produced at the acceptable quality level is rejected .or subjected to a pay adjustment. The Owner's risk is the probability that material produced at the rejectable quality level is accepted. It is the intent of this section to inform the Contractor that, in order to consistently offset the Contractor's risk for material evaluated, production quality (using population average and population standard deviation) must be maintained at the acceptable quality specified or higher. In all cases, it is the responsibility of the Contractor to produce at quality levels that will meet the specified acceptance criteria when sampled and tested at the frequencies specified. 110-02 Method for computing PWL. The computational sequence for computing PWL is as follows a. Divide the lot into n sublots in accordance with the acceptance requirements of the specification. b. Locate the random sampling position within the sublot in accordance with the requirements of the specification c. Make a measurement at each location, or take a test portion and make the measurement on the test portion in accordance with the testing requirements of the specification d Find the sample average (X) for all sublot values within the lot by using the following formula X=(xi +x2+x3+...xn)/n Where: X = Sample average of all sublot values within a lot x1, x2 = Individual sublot values n = Number of sublots e Find the sample standard deviation (Sn) by use of the following formula: Sn = [(d12 + d22 + d32 + ...dn2)/(n-1)]12 Where. Sn = Sample standard deviation of the number of sublot values in the set di, d2 = Deviations of the individual sublot values x1, x2, from the average value X that is: di = (x1 - X), d2 = (x2 - X) do = (xn - X) n = Number of sublots G:\PROJECTS\2017\17035E\SPEC117035 SPEC.docx 6-63 f For single sided specification limits (that is, L only), compute the Lower Quality Index QL by use of the following formula g. QL=(X-L)/Sn Where L = specification lower tolerance limit Estimate the percentage of material within limits (PWL) by entering Table 1 with QL, using the column appropriate to the total number (n) of measurements. If the value of QL falls between values shown on the table, use the next higher value of PWL. For double -sided specification limits (that is, L and U), compute the Quality Indexes QL and Qu by use of the following formulas. QL=(X-L)/Sn and Qu = (U - X) / Sn Where L and U = specification lower and upper tolerance limits Estimate the percentage of material between the lower (L) and upper (U) tolerance limits (PWL) by entering Table 1 separately with QL and Qu, using the column appropriate to the total number (n) of measurements, and determining the percent of material above PL and percent of material below Pu for each tolerance limit. If the values of QL fall between values shown on the table, use the next higher value of PL or Pu Determine the PWL by use of the following formula PWL = (Pu + PL) - 100 Where PL = percent within lower specification limit Pu = percent within upper specification limit EXAMPLE OF PWL CALCULATION Project: Example Project Test Item: Item P-401, Lot A. A. PWL Determination for Mat Density. 1. Density of four random cores taken from Lot A. A-1 = 96 60 A-2 = 97 55 A-3 = 99 30 A-4 = 98 35 n=4 2. Calculate average density for the lot. X= (xi +x2+x3+ .xn)/n X=(9660+9755+9930+9835)/4 X = 97 95% density 3. Calculate the standard deviation for the lot. Sn = [((96.60 - 97 95)2 + (97 55 - 97.95)2 +(99 30 -97.95)2 + (98 35 -97 95)2)) / (4 - 1 )]1/2 Sn=[(1 82+016+1 82+016)/3]1/2 Sn=115 G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-64 4. Calculate the Lower Quality Index QL for the lot. (L=96.3) QL = (X -L) / Sn QL = (97.95 - 96 30) / 1 15 QL = 1.4348 5. Determine PWL by entering Table 1 with QL= 1 44 and n= 4. PWL = 98 B. PWL Determination for Air Voids. 1. Air Voids of four random samples taken from Lot A. A-1 = 5 00 A-2 = 3 74 A-3 = 2 30 A-4 = 3 25 2. Calculate the average air voids for the lot. X= (xi +x2+x3.. n)/n X=(5.00+3.74+2.30+325)/4 X = 3 57% 3. Calculate the standard deviation Sn for the lot. Sn = [((3 57 - 5.00)2 + (3 57 - 3 74)2 + (3 57 - 2 30)2 + (3 57 -3.25)2) / (4 - 1)]1/2 Sn=[(204+003+1.62+010)/3]1/2 Sn=112 4. Calculate the Lower Quality Index QL for the lot. (L= 2.0) QL = (X - L) / Sn QL = (3 57 - 2 00) / 1 12 QL = 1.3992 5. Determine PL by entering Table 1 with QL = 1 41 and n = 4 PL = 97 6. Calculate the Upper Quality Index Qu for the lot. (U= 5 0) Qu = (U - X) / Sn Qu = (5 00 - 3.57) / 1.12 Qu = 1.2702 7. Determine Pu by entering Table 1 with Qu = 1.29 and n = 4. Pu = 93 8. Calculate Air Voids PWL PWL = (PL + Pu) - 100 PWL = (97 + 93) - 100 = 90 G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-65 EXAMPLE OF OUTLIER CALCULATION (REFERENCE ASTM E178) Project: Example Project Test Item: Item P-401, Lot A. A. Outlier Determination for Mat Density. 1. Density of four random cores taken from Lot A arranged in descending order A-3 = 99 30 A-4 = 98 35 A-2 = 97 55 A-1 = 96 60 2. Use n=4 and upper 5% significance level of to find the critical value for test criterion = 1 463 3. Use average density, standard deviation, and test criterion value to evaluate density measurements. a. For measurements greater than the average. If (measurement - average)/(standard deviation) is less than test criterion, then the measurement is not considered an outlier For A-3, check if (99 30 - 97 95) / 1 15 is greater than 1 463 Since 1 174 is less than 1 463, the value is not an outlier b For measurements less than the average If (average - measurement)/(standard deviation) is less than test criterion, then the measurement is not considered an outlier For A-1, check if (97 95 - 96 60) / 1 15 is greater than 1 463 Since 1 435 is less than 1 463, the value is not an outlier Note: In this example, a measurement would be considered an outlier if the density were Greater than (97 95 + 1 463 x 1 15) = 99 63% OR less than (97 95 - 1 463 x 1.15) = 96 27% Table 1. Table for Estimating Percent of Lot Within Limits (PWL) G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-66 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Percent Within Limits (PL and Pu) Positive Values of Q (QL and Qu) n=3 n=4 n=5 n=6 n=7 n=8 n=9 n=10 99 1 1541 1 4700 1 6714 1.8008 1 8888 1.9520 1 9994 2.0362 98 1 1524 1 4400 1 6016 1.6982 1 7612 1 8053 1 8379 1 8630 97 1 1496 1 4100 1 5427 1 6181 1 6661 1.6993 1.7235 1 7420 96 - 1 1456 1 3800 1 4897 1 5497 1 5871 1.6127 1 6313 1 6454 95 1 1405 1 3500 1 4407 1.4887 1 5181 1 5381 1 5525 1 5635 94 1 1342 1 3200 1 3946 1 4329 1 4561 1 4717 1 4829 1 4914 93 1 1269 1.2900 1 3508 1 3810 1 3991 1 4112 1 4199 1 4265 92 1 1184 1.2600 1 3088 1 3323 1 3461 1 3554 1 3620 1.3670 91 1 1089 1.2300 1.2683 1.2860 1.2964 1 3032 1 3081 1 3118 90 1 0982 1.2000 1.2290 1.2419 1.2492 1.2541 1.2576 1.2602 89 1 0864 1 1700 1 1909 1 1995 1.2043 1.2075 1.2098 1.2115 88 1 0736 1 1400 1 1537 1 1587 1 1613 1 1630 1 1643 1 1653 87 1 0597 1 1100 1 1173 1 1192 1 1199 1 1.204 1 1208 1 1212 86 1 0448 1 0800 1 0817 1 0808 1 0800 1 0794 1 0791 1 0789 85 1 0288 1 0500 1 0467 1 0435 1 0413 1 0399 1 0389 1 0382 84 1 0119 1 0200 1.0124 1 0071 1 0037 1 0015 1 0000 0 9990 83 0 9939 0 9900 0 9785 0 9715 0 9671 0 9643 0 9624 0 9610 82 0 9749 0 9600 0 9452 0 9367 0 9315 0 9281 0 9258 0 9241 81 0 9550 0 9300 0 9123 0 9025 0 8966 0 8928 0 8901 0 8882 80 0 9342 0 9000 0 8799 0.8690 0 8625 0.8583 0 8554 0 8533 79 0 9124 0 8700 0 8478 0 8360 0 8291 0 8245 0 8214 0 8192 78 0 8897 0 8400 0 8160 0 8036 0 7962 0 7915 0 7882 0 7858 77 0 8662 0 8100 0 7846 0.7716 0 7640 0 7590 0 7556 0 7531 76 0 8417 0 7800 0 7535 0 7401 0 7322 0 7271 •0 7236 0 7211 75 0 8165 0 7500 0 7226 0 7089 0 7009 0 6958 0 6922 0 6896 74 0 7904 0 7200 0 6921 0 6781 0 6701 0 6649 0 6613 0 6587 73 0 7636 0 6900 0 6617 0 6477 0 6396 0 6344 0 6308 0 6282 72 0 7360 0 6600 0 6316 0 6176 0 6095 0 6044 0 6008 0 5982 71 0 7077 0 6300 0 6016 0 5878 0 5798 0 5747 0 5712 0 5686 70 0 6787 0 6000 0 5719 0 5582 0 5504 0 5454 0 5419 0 5394 69 0 6490 05700 0 5423 0 5290 0 5213 0 5164 0 5130 0 5105 68 0 6187 0 5400 0 5129 0 4999 0 4924 0 4877 0 4844 0 4820 67 0 5878 0 5100 0 4836 0 4710 0 4638 0 4592 0 4560 0 4537 66 0 5563 0 4800 0 4545 0 4424 0 4355 0 4310 0 4280 0 4257 65 0 5242 0 4500 0 4255 0 4139 0 4073 0 4030 0 4001 0 3980 64 0 4916 0 4200 0 3967 0 3856 0 3793 0 3753 0 3725 0 3705 63 0 4586 0 3900 0 3679 0 3575 0 3515 0 3477 0 3451 0 3432 62 0 4251 0 3600 0 3392 0 3295 0 3239 0.3203 0 3179 0 3161 61 0 3911 0 3300 0 3107 0 3016 0.2964 0.2931 0.2908 0.2892 60 0 3568 0 3000 0.2822 0.2738 0.2691 0.2660 0.2639 0.2624 59 0 3222 0.2700 0.2537 0.2461 0.2418 . 0.2391 0.2372 0.2358 58 0.2872 0.2400 0.2254 0.2186 0.2147 0.2122 0.2105 0.2093 57 0.2519 0.2100 01971 01911 01877 01855 01840 01829 56 0.2164 0.1800 01688 01636 01607 01588 01575 01566 55 01806 01500 0.1406 01363 01338 01322 01312 01304 54 01447 01200 01125 01090 01070 01057 01049 01042 53 0 1087 0 0900 0 0843 0 0817 0 0802 0 0793 0 0786 0 0781 52 0 0725 0 0600 0 0562 0 0544 0 0534 0 0528 0 0524 0 0521 51 0 0363 0 0300 0 0281 0 0272 0 0267 0 0264 0 0262 0 0260 50 0 0000 0 0000 0 0000 0 0000 0 0000 0 0000 0 0000 0 0000 G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-67 Percent Within Limits (PL and Pu) Negative Values of Q (QL and Qu) n=3 n=4 n=5 n=6 n=7 n=8 n=9 n=10 49 -0 0363 -0 0300 -0 0281 -0 0272 -0 0267 -0 0264 -0 0262 -0 0260 48 -0 0725 -0 0600 -0 0562 -0 0544 -0 0534 -0 0528 -0 0524 -0 0521 47 -0 1087 -0 0900 -0 0843 -0 0817 -0 0802 -0 0793 -0 0786 -0 0781 46 -01447 -01200 -01125 -01090 -01070 -01057 -01049 -01042 45 -01806 -01500 -01406 -01363 -01338 -01322 -01312 -01304 44 -0.2164 -01800 -01688 -01636 -01607 -01588 -01575 -01566 43 -0.2519 -0.2100 -01971 -01911 -01877 -01855 -01840 -01829 42 -0.2872 -0.2400 -0.2254 -0.2186 -0.2147 -0.2122 -0.2105 -0.2093 41 -0.3222 -0.2700 -0.2537 -0.2461 -0.2418 -0.2391 -0.2372 -0.2358 40 -0 3568 -0.3000 -0.2822 -0.2738 -0.2691 -0.2660 -0.2639 -0.2624 39 -0 3911 -0.3300 -0 3107 -0.3016 -0.2964 -0.2931 -0.2908 -0.2892 38 -0 4251 -0.3600 -0 3392 -0 3295 -0.3239 -0 3203 -0 3179 -0.3161 37 -0 4586 -0.3900 -0.3679 -0.3575 -0 3515 -0.3477 -0.3451 -0.3432 36 -0 4916 -0 4200 -0.3967 -0 3856 -0.3793 -0.3753 -0 3725 -0.3705 35 -0.5242 -0 4500 -0 4255 -0 4139 -0 4073 -0 4030 -0 4001 -0 3980 34 -0.5563 -0 4800 -0 4545 -0 4424 -0 4355 -0 4310 -0 4280 -0 4257 33 -0 5878 -0 5100 -0 4836 -0 4710 -0 4638 -0 4592 -0 4560 -0 4537 32 -0 6187 -0.5400 -0.5129 -0 4999 -0 4924 -0 4877 -0 4844 -0 4820 31 -0 6490 -0.5700 -0 5423 -0 5290 -0.5213 -0 5164 -0 5130 -0 5105 30 -0 6787 -0.6000 -0.5719 -0.5582 -0.5504 -0.5454 -0 5419 -0.5394 29 -0 7077 -0 6300 -0 6016 -0.5878 -0 5798 -0.5747 -0.5712 -0.5686 28 -0 7360 -0 6600 -0.6316 -0 6176 -0 6095 -0.6044 -0 6008 -0.5982 27 -0 7636 -0 6900 -0.6617 -0 6477 -0 6396 -0 6344 -0 6308 -0 6282 26 -0 7904 -0 7200 -0 6921 -0 6781 -0 6701 -0 6649 -0 6613 -0 6587 25 -0 8165 -0 7500 -0 7226 -0 7089 -0 7009 -0 6958 -0 6922 -0.6896 24 -0 8417 -0 7800 -0 7535 -0 7401 -0 7322 -0 7271 -0 7236 -0 7211 23 -0.8662 -0.8100 -0 7846 -0 7716 -0 7640 -0 7590 -0 7556 -0 7531 22 -0 8897 -0 8400 -0 8160 -0 8036 -0 7962 -0 7915 -0 7882 -0 7858 21 -0 9124 -0 8700 -0.8478 -0 8360 -0 8291 -0 8245 -0 8214 -0.8192 20 -0 9342 -0.9000 -0.8799 -0 8690 -0.8625 -0 8583 -0 8554 -0 8533 19 -0 9550 -0.9300 -0 9123 -0 9025 -0.8966 -0 8928 -0 8901 -0 8882 18 -0 9749 -0 9600 -0 9452 -0 9367 -0 9315 -0.9281 -0 9258 -0.9241 17 -0 9939 -0 9900 -0.9785 -0 9715 -0 9671 -0.9643 -0 9624 -0 9610 16 -1 0119 -1 0200 -1 0124 -1 0071 -1 0037 -1 0015 -1 0000 -0 9990 15 -10288 -10500 -10467 -10435 -10413 -10399 -10389 -10382 14 -10448 -10800 -10817 -10808 -10800 -10794 -10791 -10789 13 -10597 -11100 -11173 -11192 -11199 -11204 -11208 -11212 12 -10736 -11400 -11537 -11587 -11613 -11630 -11643 -11653 11 -10864 -11700 -11909 -11995 -1.2043 -1.2075 -1.2098 -1.2115 10 -1 0982 -1.2000 -1.2290 -1.2419 -1.2492 -1.2541 -1.2576 -1.2602 9 -11089 -1.2300 -1.2683 -1.2860 -1.2964 -13032 -13081 -13118 8 -11184 -1.2600 -13088 -1.3323 -1.3461 -1.3554 -13620 -1.3670 7 -11269 -1.2900 -13508 -1.3810 -13991 -14112 -14199 -14265 6 -11342 -1.3200 -1.3946 -14329 -14561 -14717 -14829 -14914 5 -11405 -1.3500 -14407 -14887 -1.5181 -1.5381 -15525 -1.5635 4 -11456 -13800 -14897 -1.5497 -1.5871 -16127 -16313 -16454 3 -11496 -14100 -1.5427 -16181 -16661 -16993 -17235 -17420 2 -11524 -14400 -16016 -16982 -17612 -1.8053 -18379 -18630 1 -11541 -14700 -16714 -18008 -1.8888 -19520 -19994 -2.0362 END OF SECTION 110 G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 6-68 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 7 - FEDERAL CONTRACT CLAUSES G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 7-1 ACCESS TO RECORDS AND REPORTS The Contractor must maintain an acceptable cost accounting system The Contractor agrees to provide the Sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts, and transcriptions. The Contractor agrees to maintain all books, records, and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. Owner will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the Contract. Owner reserves the right to withhold payments to Contractor with until such time the Contractor corrects the breach or the Owner elects to terminate the Contract. The Owner may proceed with termination of the Contract if the Contractor fails to correct the breach by deadline indicated in the Owner's notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law BUY AMERICAN PREFERENCE The Contractor agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are produced in the United States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation subpart 25 108; or is included in the FAA Nationwide Buy American Waivers Issued list. A Bidder or offeror must complete and submit the Buy America certification included herein with their bid or offer The OWNER will reject as nonresponsive any bid or offer that does not include a completed Certificate of Buy American Compliance. GENERAL CIVIL RIGHTS PROVISIONS The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subtier Contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows' G:\PROJECTS\2017 117035E\ SPEC117035 SPEC.docx 7-2 1 Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21 3 Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the Contractor's obligations under this contract and the Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin 4 Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information 5 Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the Non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to a Withholding payments to the Contractor under the contract until the Contractor complies, and/or b Cancelling, terminating, or suspending a contract, in whole or in part. 6 Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees to comply with the following non-discrimination statutes and authorities, including but not limited to • Title VI of the Civil Rights Act of 1964 (42 U S C § 2000d et seq , 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination In Federally -Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964), G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 7-3 • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U S.0 § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability), and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U S C § 6101 et seq.), (prohibits discrimination on the basis of age), • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and Contractors, whether such programs or activities are Federally funded or not), • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38, • The Federal Aviation Administration's Non-discrimination statute (49 U.S C. § 47123) (prohibits discrimination on the,basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP) To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed Reg at 74087 to 74100), • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U S C 1681 et seq) CLEAN AIR AND WATER POLLUTION CONTROL Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 U.S.0 § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S C § 1251-1387) The Contractor agrees to report any violation to the Owner immediately upon discovery The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. Contractor must include this requirement in all subcontracts that exceed $150,000 CERTIFICATION OF OFFERER/BIDDER REGARDING DEBARMENT By submitting a bid/proposal under this solicitation, the Bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 7-4 CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The successful Bidder, by administering each lower tier subcontract that exceeds $25,000 as a "covered transaction", must verify each lower tier participant of a "covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful Bidder will accomplish this by. 1 Checking the System for Award Management at website http.//www.sam gov 2. Collecting a certification statement similar to the Certificate Regarding Debarment and Suspension (Bidder or Offeror), above 3 Inserting a clause or condition in the covered transaction with the lower tier contract If the FAA later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant. DISADVANTAGED BUSINESS ENTERPRISES Contract Assurance (§ 26.13) - The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate Prompt Payment (§26.29) - The Prime Contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than {specify number} days from the receipt of each payment the Prime Contractor receives from {Name of recipient} The Prime Contractor agrees further to return retainage payments to each subcontractor within {specify the same number as above} days after the subcontractor's work is satisfactorily completed Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the {Name of Recipient} This clause applies to both DBE and non -DBE subcontractors RACE/GENDER NEUTRAL LANGUAGE The requirements of 49 CFR part 26 apply to this contract. It is the policy of the [Insert Name of OWNER] to practice nondiscrimination based on race, color, sex or national origin in the award or performance of this contract. The OWNER encourages participation by all firms qualifying under this solicitation regardless of business size or ownership TEXTING WHEN DRIVING In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902 10 "Text Messaging While Driving" (12/30/2009), the FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub -grant. In support of this initiative, the OWNER encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub -tier contracts exceeding $3,500 and involve driving a motor vehicle in performance of work activities associated with the project. G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 7-5 ENERGY CONSERVATION REQUIREMENTS Contractor and subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.0 6201 et seq) FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U S. Department of Labor — Wage and Hour Division LOBBYING AND INFLUENCING FEDERAL EMPLOYEES CERTIFICATION REGARDING LOBBYING The Bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that. (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 7-6 Part 1910) Contractor must address any claims or disputes that pertain to a referenced requirement directly with the U S Department of Labor — Occupational Safety and Health Administration. PROCUREMENT OF RECOVERED MATERIALS Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247 In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use of products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever. a) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or, b) The Contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year The list of EPA -designated items is available at www.epa.gov/epawaste/conserve/tools/cpg/products/ Section 6002(c) establishes exceptions to the preference for recovery of EPA -designated products if the Contractor can demonstrate the item is a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule, b) Fails to meet reasonable contract performance requirements, or c) Is only available at an unreasonable price TERMINATION OF CONTRACT Termination for Convenience (Construction & Equipment Contracts) The OWNER may terminate this contract in whole or in part at any time by providing written notice to the Contractor Such action may be without cause and without prejudice to any other right or remedy of OWNER. Upon receipt of a written notice of termination, except as explicitly directed by the OWNER, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause 1 Contractor must immediately discontinue work as specified in the written notice 2 Terminate all subcontracts to the extent they relate to the work terminated under the notice 3. Discontinue orders for materials and services except as directed by the written notice 4 Deliver to the OWNER all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work and as directed in the written notice 5 Complete performance of the work not terminated by the notice 6. Take action as directed by the OWNER to protect and preserve property and work related to this contract that OWNER will take possession Owner agrees to pay Contractor for: a) completed and acceptable work executed in accordance with the Contract Documents prior to the effective date of termination, b) documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted work, c) reasonable and substantiated claims, costs and damages incurred in settlement of terminated contracts with subcontractors and suppliers, and d) reasonable and substantiated expenses to the Contractor directly attributable to OWNER's termination action G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.docx 7-7 OWNER will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the OWNER's termination action The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this contract. TERMINATION FOR DEFAULT Termination for Default (Equipment) The OWNER may, by written notice of default to the Contractor, terminate all or part of this Contract if the Contractor: 1. Fails to commence the work under the Contract within the time specified in the Notice- to -Proceed, 2 Fails to make adequate progress as to endanger performance of this Contract in accordance with its terms; 3. Fails to make delivery of the equipment within the time specified in the Contract, including any OWNER approved extensions, 4. Fails to comply with material provisions of the Contract; 5. Submits certifications made under the Contract and as part of their proposal that include false or fraudulent statements, 6. Becomes insolvent or declares bankruptcy; If one or more of the stated events occur, the OWNER will give notice in writing to the Contractor and Surety of its intent to terminate the contract for cause At the OWNER's discretion, the notice may allow the Contractor and Surety an opportunity to cure the breach or default. If within [10] days of the receipt of notice, the Contractor or Surety fails to remedy the breach or default to the satisfaction of the OWNER, the OWNER has authority to acquire equipment by other procurement action. The Contractor will be liable to the OWNER for any excess costs the OWNER incurs for acquiring such similar equipment. Payment for completed equipment delivered to and accepted by the OWNER shall be at the Contract price The OWNER may withhold from amounts otherwise due the Contractor for such completed equipment, such sum as the OWNER determines to be necessary to protect the OWNER against loss because of Contractor default. OWNER will not terminate the Contractor's right to proceed with the work under this clause if the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such acceptable causes include* acts of God, acts of the OWNER, acts of another Contractor in the performance of a contract with the OWNER, and severe weather events that substantially exceed normal conditions for the location If, after termination of the Contractor's right to proceed, the OWNER determines that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the OWNER issued the termination for the convenience the OWNER. The rights and remedies of the OWNER in this clause are in addition to any other rights and remedies provided by law or under this contract. G:\PROJECTS12017117035E\SPEC\17035 SPEC.docx 7-8 TRADE RESTRICTION CERTIFICATION By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror - a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S firms as published by the Office of the United States Trade Representative (U.S T R.); 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 included on the list of countries that discriminate against U S. firms as published by the U S.T R, and c has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign country included on the list of countries that discriminate against U S firms published by the U S.T R. 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 The Offeror/Contractor must provide immediate written notice to the OWNER if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30 17, no contract shall be awarded to an Offeror or subcontractor. (1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U S firms published by the U S T R. or (2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U S.T R. list or (3) who incorporates in the public works project any product of a foreign country on such U S T R list; Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U S firms as published by U S T R., unless the Offeror has knowledge that the certification is erroneous This certification is a material representation of fact upon which reliance was placed when making an award If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the OWNER cancellation of the contract or subcontract for default at no cost to the OWNER or the FAA. G:\PROJECTS\2017\17035E\SPEC\17035 SPEC docx 7-9 VETERAN'S PREFERENCE In the employment of labor (excluding executive, administrative, and supervisory positions), the contractor and all sub -tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam -era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. G:\PROJECTS\2017117035E\SPEC\17035 SPEC.docx 7-10 SECTION 8 - TECHNICAL SPECIFICATIONS G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 8-1 SECTION 1 - SUBMITTALS, SHOP DRAWINGS AND SAMPLES PART 1 — GENERAL 1.1 DESCRIPTION A. Work Included: Wherever possible throughout the Contract Documents, the minimum acceptable quality of workmanship and materials has been defined by manufacturer's name and catalog number, reference to recognized industry and government standards, or description of required attributes and performance. To ensure that the specified products are furnished and installed in accordance with design intent, procedures have been established for advance submittal of design data and for their review by the ENGINEER. Make all submittals required by the Contract Documents, and revise and resubmit as necessary to establish compliance with the specified requirements B. Related information. Individual requirements for submittals and substitutions may be described in the Sections of these Contract Documents pertaining to the item. C. These specifications set forth the performance and other requirements of the equipment to be provided and the submission of the proposal is a representation to the OWNER that the equipment to be provided will comply with the specifications. Whenever a material article or piece of equipment is identified by reference to brand name or catalogue number, it shall be understood that this is for the purpose of defining the performance or other specific functional requirements and that other products of equal capacities, quality, and function shall be considered 1.2 QUALITY ASSURANCE A. Coordination of submittals: Prior to each submittal, carefully review and coordinate all aspects of each item being submitted and verify that each item and the submittal for it conforms in all respects with the requirements of the Contract Documents By affixing the CONTRACTOR's signature to each submittal, certify that this coordination has been performed. B. Certificates of compliance: Certify that all materials used in the work comply with all specified provisions thereof Certification shall not be construed as relieving the CONTRACTOR from furnishing satisfactory materials if, after tests are performed on selected samples, the material is found to not meet specified requirements Show on each certification the name and location of the work, name and address of Contractor, quantity date or dates of shipment or delivery to which the certificate applies, and name of the manufacturing or fabricating company. Certification shall be in the form of letter or company -standard forms containing all required data Certificates shall be signed by an officer of the manufacturing or fabricating company. In addition to the above information, all laboratory test reports submitted with Certificates of Compliance shall show the date or dates of testing, the specified requirements for which testing was performed, results of the test or tests 1.3 SUBMITTALS A. Initial Equipment Submittal. The Bidder shall submit with his bid two copies of complete documentation and illustrative descriptions of the equipment offered to demonstrate that the equipment meets the requirements of the technical specifications. The technical specifications and the Bidder's Submittal Checklist identify the documents, certifications, and forms that shall be submitted with the Bid G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 8-2 B Submittal Schedule: Within 14 days after execution of the agreement, and before any items are submitted for approval, submit to the ENGINEER two copies of the schedule C Certificates of Compliance* Prior to installation of the materials, and as a condition of acceptance, submit to the ENGINEER all Certificates of Compliance required D Substitutions Make all submittals of Shop Drawings, Samples, Requests for Substitution, and other items, in strict accordance with this Section When the CONTRACTOR elects to use a material exceeding specifications for his convenience or availability, he does so at his own expense unless approved by the ENGINEER. E Within sixty calendar days of the effective date of the CONTRACT, the CONTRACTOR shall provide to the ENGINEER complete shop drawings of all system components and operating systems. 1.4 GUARANTEE The CONTRACTOR shall bear ultimate responsibility for providing a complete working system and shall guarantee that all installed system components are compatible and will provide for the intended operation of the component and the system of which it is a part. PART 2 — PRODUCTS 2 1 SUBMITTAL SCHEDULE A. General Compile a complete and comprehensive schedule of all submittals anticipated to be made during progress of the work Include a list of each type of item for which Contractor's drawings, Shop Drawings, Certificates of Compliance, material samples, guarantees, or other types of submittals are required Upon review and comment by the ENGINEER this schedule will become part of the Contract and the CONTRACTOR will be required to adhere to the schedule except when specifically, otherwise permitted B Coordination Coordinate the schedule with all necessary subcontractors and materials suppliers to ensure their understanding of the importance of adhering to the approved schedule and their ability to so adhere. Coordinate as required to ensure the grouping of submittals C Revisions Revise and update the schedule on a monthly basis as necessary to reflect conditions and sequences Promptly submit revised schedules to the ENGINEER for review and comment. 2.2 SHOP DRAWINGS AND COORDINATION DRAWINGS A. Shop Drawings - Scale and Measurements Make all Shop Drawings accurately to a scale sufficiently large to show all pertinent aspects of the item and its method of connection to the work 1. Prints required submit (3) three copies of all Shop Drawings to the ENGINEER. 2 3 MANUFACTURERS' LITERATURE Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, clearly indicate which portion of the contents is being submitted for review 2 4 SAMPLES A. Accuracy of samples Samples shall be of the precise article proposed to be furnished G:\PROJECTS\2017\17035E\SPEC\17035 SPEC Docx 8-3 B. Number of samples required Unless otherwise specified, submit (2) two samples, (1) one of which will be retained by the ENGINEER. 2 5 COLORS AND PATTERNS Unless the precise color and pattern is specifically described in the Contract Documents, and whenever a choice of color or pattern is available in a specified product, submit accurate color and pattern charts to the ENGINEER for review and selection. 2 6 SUBSTITUTIONS A. Approval required The Contract is based on the standards of quality established in the Contract Documents. All products proposed for use, including those specified by required attributes and performance, shall require approval by the ENGINEER before being incorporated into the work. 2.7 AVAILABILITY OF SPECIFIED ITEMS A. Verification: The CONTRACTOR shall be responsible for verifying to his satisfaction that all specified items will be available in time for installation during orderly and timely progress of the work B Notification In the event specified items will not be available, the CONTRACTOR shall notify the ENGINEER prior to receipt of bids C Delays The costs of delays resulting from non-availability of specified items, when such delays could have been avoided by the CONTRACTOR, will be the CONTRACTOR's liability and shall not be borne by the OWNER. PART 3 — EXECUTION 3 1 IDENTIFICATION OF SUBMITTALS A. General Consecutively number all submittals. Accompany each submittal with a letter of transmittal containing all pertinent information (item and section number) required for identification and checking of submittals. Do not submit multiple submittals under a single transmittal — each submittal needs to be addressed on its own merit for acceptance or rejection B. Internal Identification. On each copy of each submittal, and elsewhere as required for positive identification, clearly indicate the submittal number in which the item was included. C. Resubmittal. Resubmittals shall include a new letter of transmittal with item and section numbers D Submittal Log: Maintain an accurate submittal log for the duration of the Contract, showing current status of all submittals at all times The minimal required information on the submittal log shall be the date it was transmitted, Contractor's transmittal number, description, subcontractor reference, specification reference, ENGINEER's review status and date returned to the CONTRACTOR. The CONTRACTOR shall submit his submittal with his progress payment application on a monthly basis. The updated submittal log will be precedent to all progress payment unless otherwise directed by the ENGINEER. 3.2 COORDINATION OF SUBMITTALS A. General. Prior to submittal for review and comment, use all means necessary to fully coordinate all material including, but not necessarily limited to. G:\PROJECTS\2017\17035E\SPEC\17035 SPEC Docx 8-4 1 Determine and verify all interface conditions, catalog numbers, and similar data 2 Coordinate with other trades as required. 3 Clearly indicate all deviations from requirements of the Contract Documents B Grouping of Submittals Unless otherwise specified, make all submittals in groups containing all associated items to ensure that information is available for checking each item when it is received Partial submittals may be rejected as not complying with the provisions of the Contract Documents and the CONTRACTOR shall be strictly liable for all delays so occasioned 3 3 TIMING OF SUBMITTALS A. General Make all submittals far enough in advance of schedule dates for installation to provide all time required for reviews, for securing necessary approvals, for possible revisions and resubmittals, and for placing orders and securing delivery B ENGINEER's Review Time In scheduling, allow at least (10) ten calendar days for review by the ENGINEER following his receipt of the submittal C Delays. Delays caused by tardiness in receipt of submittals will not be an acceptable basis for extension of the Contract completion date 3 4 ENGINEER'S REVIEW A. General Review by the ENGINEER shall not be construed as a complete check, but only that the general method of construction and detailing is satisfactory Review shall not relieve the CONTRACTOR from responsibility for errors which may exist. B Authority to Proceed The notations "No Exception Taken", "Make Corrections Noted", and "Other", authorize the CONTRACTOR to proceed with fabrication, purchase, or both, of the items so noted, subject to the revisions, if any, required by the ENGINEER's review comments C Revisions Make all revisions required by the ENGINEER. If the CONTRACTOR considers any required revision to be a change, he shall so notify the ENGINEER as provided for under "Changes" in the General Conditions Show each drawing revision by number, date, and subject in a revision block the drawing Make only those revisions directed by the ENGINEER. B Revisions After Review and Comment. When a submittal has been reviewed by the ENGINEER, resubmittal for substitution of materials or equipment will not be considered unless accompanied by an acceptable explanation as to why the substitution is necessary 3 5 OPERATIONS AND MAINTENANCE MANUALS The CONTRACTOR shall provide, at the time of equipment delivery to the OWNER, two complete sets of the following documentation as part of the Operations and Maintenance Manuals Each set shall include one copy each of A. Operator's Manual with lubrication chart. B Maintenance and Service Manual All applicable service manuals, to include service and repair manuals for all assemblies and subassemblies such as power plant, drive system, hydraulic system, etc C Parts Manual All parts not originally fabricated by the manufacturer shall be cross-referenced by the original manufacturer's name and number as well as the supplier's number G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 8-5 Operations and Maintenance Manuals shall include, but not be limited to the following: A. Major component specifications B Parts list and identification C Factory performance test results. D Schematic diagrams of all operating systems E Troubleshooting guidance. F. Maintenance requirements, procedures and schedules. G. Dimensioned drawings PART 4 — MEASUREMENT AND PAYMENT No separate measurement or payment to the CONTRACTOR will be made for the work required under this section. G:\PROJECTS\2017\17035E\SPEC117035 SPEC.Docx 8-6 1 SECTION 2 - REFERENCE STANDARDS PART 1 — GENERAL 11 DESCRIPTION A. Work Included Reference is made in these Contract Documents to codes and standards which establish qualities and types of workmanship and materials, and which establish methods for testing and reporting on the pertinent characteristics. Where materials or workmanship are required by these Contract Documents to meet or exceed the specifically named code or standards, it is the CONTRACTOR's responsibility to provide materials and workmanship which meet or exceed the specifically named code or standard. It is also the CONTRACTOR's responsibility, when so required by the Contract Documents or by written request from the ENGINEER, to deliver to the ENGINEER all required proof that the materials or workmanship, or both, meet or exceed the requirements of the specifically named code or standard. Such proof shall be in the form required in writing by the ENGINEER, and copies of a certified report of tests conducted by a testing agency approved for that purpose. B. Related Work Described Elsewhere. Specific naming of codes or standards occurs on the drawing and in other Sections of these Specifications. 1.2 QUALITY ASSURANCE A. Codes and standards. Familiarity with pertinent codes and standards. In procuring all items used in this work, it is the CONTRACTOR's responsibility to verify the detailed requirements of the specifically named codes and standards and to verify that the items procured for use in this work meet or exceed the specified requirements B. Rejection of Non -Complying Items. The ENGINEER reserves the right to reject items incorporated into the work which fail to meet the specified minimum requirements. The ENGINEER further reserves the right, and without prejudice to other recourse the ENGINEER may take, to accept non -complying items subject to adjustment in the Contract Amount as approved by the ENGINEER and the OWNER. C. Additional Standards and Requirements. Applicable standards listed in these Specifications include, but are not necessarily limited to, standard promulgated by the following agencies and organizations 1 AASHTO, American Association of State Highway and Transportation Officials, (AASHTO) 2 American Concrete Institute (ACI) 3 American Institute of Steel Construction (AISC) 4. American National Standards Institute (ANSI) 5. American Society for Testing and Materials (ASTM) 6. American Welding Society (AWS) 7 American Water Works Association (AWWA) 8. Concrete Reinforcing Steel Institute (CRSI) 9. Commercial Standard of NBS (CS) 10. Flat Glass Marketing Association (FGMA) 11 The National Association of Architectural Metal Manufacturers (NAAMM) 12. National Electrical Code (NEC) 13 National Electrical Manufacturers Association (NEMA) 14 National Fire Protection Association (NFPA) 15. Steel Deck Institute (SDE) 16 Steel Structures Painting Council (SSPC) 17 Tile Council of America (TCA) G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 8-7 18 Underwrites' Laboratories 19 Uniform Building Code (UBC) 20 Federal Aviation Administration (FAA) PART 2 PRODUCTS No products this section PART 3 — EXECUTION The CONTRACTOR is responsible for being familiar with all named or implied codes The latest revision or edition of codes or standards shall be used PART 4 — MEASUREMENT AND PAYMENT There will be no separate measurement or payment for work required by this Section G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 8-8 SECTION 3 - ROTARY PLOW (BLOWER) AND CARRIER VEHICLE PART 1 — GENERAL 1.1 SCOPE. This SAE Aerospace Recommended Practice (ARP) covers requirements for a rotary plow with carrier vehicle primarily used to cast heavy concentrations of snow away from airport operational areas such as runways and taxiways. The term carrier vehicle represents the various self-propelled prime movers that provide the power necessary to move snow and ice control equipment during winter operations PART 2 - REFERENCE STANDARDS 2.1 Applicable Documents The following publications form a part of this document to the extent specified herein. The latest issue of SAE publications shall apply. The applicable issue of other publications shall be the issue in effect on the date of the purchase order In the event of a conflict between the text of this document and references cited herein, the text of this document takes precedence Nothing in this document, however, supersedes applicable laws and regulations unless a specific exemption has been obtained 2 1 1 SAE Publications: Available from SAE, 400 Commonwealth Drive, Warrendale, PA15096-0001, Internet address: http.//www.sae org SAE J931 Hydraulic Power Circuit Filtration SAE J1503 Performance Test for Air-conditioned, Heated and Ventilated Off - Road Self -Propelled Work Machines 2.1.2 FAR and FAA Publications from FAA. Available from Federal Aviation Administration,800 Independence Avenue, SW, Washington, DC 20591, Internet address. http.//www faa gov AC 150/5200-30A Airport Winter Safety and Operations AC 150/5200-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials AC 150/5210-5B Painting, Marking, and Lighting of Vehicles on an Airport 2 1 3 FMCSR Publications from FMCSA. Available from Federal Motor Carrier Safety Administration, 400 Seventh Street SW , Washington, DC, 20590, Internet address http.//www fmcsa dot.gov Title 49, Chapter III, Subchapter B -Federal Motor Carrier Safety Regulations (Title 49) 2.1 4 Federal Spec 297 D, Rustproofing of Commercial (Nontactical) Vehicles 2.1.5 RTCA Publications Available from Radio Technical Commission for Aeronautics Inc,1828 L Street NW, Suite 805, Washington, DC 20036, Internet-http.//www.rtca org RTCA document DO -186, "Minimum Performance Standards for Airborne Radio Communications Equipment Operating Within the Radio Frequency Range 117.975 -137 000 2 1 6 FMVSS Standards -latest edition G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 8-9 PART 3 - DEFINITIONS: Axle Capacity. The allowable load on an axle based on supportive engineering data and the best judgment of the manufacturer of the axle Usually based on all the components in an axle system, tire -wheel -bearings - spindle, etc Axle Ratio The numerical ratio of the drive shaft speed to the speed of the axle The numerical ratio equals the torque multiplication factor of the axle Axle, Dead. A means of support for the wheels at each end that is non -driven Axle, Live A means of support for the wheels at each end that is driven Auger, Drum -cutter Type A structure used to disaggregate snow and transport it across the face of a snow blower then used in a single stage blower, the drum cutter also casts the snow The helical flights of a drum cutter are affixed to a relatively large diameter cylinder, or drum, that serves as or is attached to the center axis of the auger Drum -cutters on Single Stage Snow -thrower Rotary Snowplows are also referred to as "Turbines" Drum cutter augers typically rotate on an axis perpendicular to the direction of travel Auger, Helical structure designed to disaggregate and transport snow across the face of a snow blower, based on an open helix concept, the helix being mounted to the center axis of the auger, usually by some type of spoke arrangement. The center axis structure of a helical auger is relatively small in diameter when compared to the diameter of the helical ribbon Helical augers typically rotate on an axis perpendicular to the direction of travel Auger, Screw Type A screw type structure designed to disaggregate and transport snow across the face of a snow blower, the flights of which are closed and connected directly to the center axis of the auger Several parallel screw type augers are often used together Auger Drive. The Auger Drive is the final mechanism(s) employed to rotate the Auger(s). An Auger Drive can be hydrostatic, hydraulic or mechanical, or a combination of hydrostatic and mechanical Mechanical Auger Drives must be protected by the inclusion of slip clutches or shear pins Hydrostatic drives must be protected by the inclusion of pressure protection devices Cab An enclosed area on a vehicle designed and intended to hold and carry an operator Capacity Rating Also see Performance Rating The Capacity Rating of a Rotary Snowplow is the maximum number of tons of snow a Rotary Snowplow can blow (see Snow -blowers) or throw (see Snow -throwers) a defined Casting Distance Carrier Vehicle The prime mover for a Rotary Snowplow Casting Distance The distance from the left to right center of a Rotary Snowplow to the center of the area of most concentrated snow cast observed during casting Center Drive Augers Augers driven by a gear box located more or less in the center position of the auger axis Certification Application approval - a confirmation and testimony in writing by a qualified expertise Performance - manufacturer must provide certified, credible testing results Curb Weight. The weight of the carrier vehicle with all factory installed equipment and in the travel position, full fuel tank(s) and a nominal 180 -pound operator G.\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 8-10 Deluge System A means of providing fluid to windshield(s), window(s), mirror(s), and other surfaces to improve operational visibility from the cab. Deluge systems shall be controlled from the operator station in the cab Differential: The gear assembly on the drive axle that permits one wheel to turn slower or faster than the other when negotiating a turn. The gear assembly in the transfer case that allows the front drive -shaft to turn slower or faster than the other when negotiating a turn Differential, Automatic Locking: The gear assembly in the transfer case that allows the front drive -shaft to turn slower or faster than the rear prop -shaft when negotiating a turn while providing maximum driving torque to both the front and rear axles The gear assembly on the drive axle that permits one wheel to turn slower or faster than the other when negotiating a turn while providing maximum driving torque to both wheels Automatic locking differentials provide positive drive to both driven members while not requiring operator input or control. Differential, Manual Locking (bevel gear). The gear assembly on the drive axle that permits one wheel to turn slower or faster than the other when negotiating a turn but with provisions for the operator to fully lock and unlock the differential action from the cab Bevel gears provide positive drive to both driven members. Dimensions AE Centerline of rear axle/tandem to the end of frame BA Bumper to centerline of Front axle BBC Bumper to back of Cab CA Back of Cab to centerline of rear axle CE Back of cab to end of the frame (AE + CA = CE) FH Frame height from the ground to the top of frame OAL Overall Length WB Wheelbase Drop Box. A gear box (or chain box) that transmits power output to a driven implement. Dual Engine Rotary Snowplow: A Dual Engine Rotary Snowplow has two engines One engine provides power to the Rotary Snowplow Head, and the other engine provides motive power. Equipment, Auxiliary. Any equipment, in addition to the basic chassis that is required for a piece of equipment/vehicle to perform its functions. For example, a winch would be auxiliary equipment for a tow truck. Fan, Fan Blades: See Impeller, Impeller Blades FMVSS. An abbreviation for the Federal Motor Vehicle Safety Standard Front Discharge Rotary Snowplow: A front discharge rotary snowplow locates the operator cabin to the rear of the rotary snowplow head This provides for the snow to discharge in front of the operator. Front/RearAxle Disconnect. A mechanism designed to engage and disengage torque to the axle Fuel Capacity, Maximum. The maximum actual volume of fluid able to fit into on -board tanks. Fuel Capacity, Useable The maximum amount of fluid able to be drawn from an on -board tank with the vehicle and tank stationary and in the fixed, operating position GAWR: Abbreviation for Gross Axle Weight Rating. The rating of the lowest rated member as defined by the component manufacturer(s) from the following components tires, suspension, hubs/wheels, rims, bearings, beam and brakes Gear Ratio: The ratio of the speed of the input to a gear to the speed of the output from the gear For a pair of gears, the ratio is found by dividing the number of teeth on the driven gear by the number of teeth on the driving gear. G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 8-11 Geared Speed The theoretical vehicle speed based on maximum governed engine RPM, transmission gear ratio(s), driving axle ratio, and tire size Gears, Single and Multiple Reduction Single reduction gearing refers to one speed reduction through the gearing component. Multiple reduction refers to more than one step of speed reduction through the gearing component. Gradeability: The percent grade that a vehicle will negotiate. GVWR. Abbreviation for Gross Vehicle Weight Rating The sum of the Gross Axle Weight Ratings (GAWR) HID Light: Acronym for High Intensity Discharge light. Light created by electric arc, not a filament in a light bulb High Speed A High -Speed Rotary Snowplow must be designed to perform at its maximum Capacity Rating while operating at a forward speed of at least 25 mph Hitch A device to couple/uncouple a working head or appliance to its carrier vehicle A hitch may be provided with dedicated units to improve maneuverability, entry and exit through narrow doors, and/or improved maintainability Horsepower, Gross Brake (or actual delivered horsepower) A measure of the rate at which engine power is produced The time rate of doing work, as measured by a Pony brake or dynamometer In other words, the amount of work done by a certain torque being exerted over a definite space of time Brake horsepower is expressed as the torque in pound feet times the number of revolutions per minute divided by the constant 5252. HP = torque x engine rpm Brake HP = 5252 Horsepower, Gross The brake HP determined under conditions defined by dynamometer test of the stripped engine, that is, the brake horsepower of the engine with only those accessories and attachments necessary to the functioning of the engine during test. Horsepower, Net: The brake horsepower delivered to the clutch, or its equivalent, with all accessories and attachments function (including exhaust pipe, muffler and tail pipe) which are standard or regular equipment on the engine as installed in the particular chassis. Gross horsepower less the parasitic loads Impeller: A Rotary Snowblower Impeller (sometimes called a fan) is a rotating device with blades or fan blades Normally, the device is disc shaped, with the disc rotating on an axis that is parallel to the direction of travel. Impeller Blades The impeller blades (or fan blades) are located proud on the forward face of the impeller disc, shaped to produce a centrifugal pumping action of drawing snow into a low-pressure area, and discharging snow from a high-pressure area, these areas produced as a result of blade shapes and impeller rotation Impeller Drive The Impeller Drive is the final mechanism(s) employed to rotate the Impeller An impeller can be hydrostatic, hydraulic or mechanical, or a combination Mechanical impeller drives must be protected by the inclusion of slip clutches or shear pins. Hydrostatic drives must be protected by the inclusion of pressure protection devices and/or shear pins Impeller Housing The Impeller Housing, also sometimes called a volute or fan housing assembly, is the shallow cylindrically shaped assembly that houses an impeller Loading Chute See Spot Casting Chute G \PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 8-12 Maximum Tire Load Rating: ,The load rating at the maximum permissible inflation pressure for that tire Maximum Loaded Vehicle Weight: The sum of curb weight, passengers, and cargo; equal to the Gross Vehicle Weight (GVW) Maximum Permissible Inflation Pressure: The maximum cold inflation pressure to which a tire may be inflated. Maximum Speed• The speed attainable by accelerating at maximum rate from a standing start for 1 mile Maximum Starting Grade. The percent grade on which a vehicle is able to start from a complete stop. Maximum Sustained Vehicle Speed: Highest speed a vehicle can maintain under full load conditions on level ground Monocoque Construction: A light weight type of construction where the sides of the vehicle bear a substantial part of the load in shear. NHTSA. An abbreviation for the National Highway Traffic Safety Administration. New and Current Production Components: New, unused and free of all defects and imperfections that could affect the serviceability of the finished product. Component with a manufacture date no older than 1 year prior to bid proposal. New and of Current Production Unit, as in total unit (Chassis and attachments). Unit whose manufacture (assembly of) started no earlier than the award date of the contract. Payload The actual weight of the useful cargo carried by a vehicle Percent of Grade The figure used in computing the power requirements of a truck. Usually taken at the steepest grade a truck will be required to climb on its route. Percent of grade is determined by dividing the height of a hill by its length Performance Rating Also see Capacity Rating. The Performance Rating of a Rotary Snowplow is the minimum number of tons of snow a Rotary Snowplow can blow (see Snowblowers) or throw (see Snow - throwers) a defined Casting distance Manufacturers must provide certified credible testing results Ply Rating. A unit of measurement used in tire construction to denote strength of tires. Power Divider: Usually a small auxiliary gear box or chain driven device to allow distribution of drive shaft power to several different mechanical devices mounted on the same truck. Power Take -off (PTO), A mechanical device used to transmit engine power to auxiliary equipment. Power take- offs can be mounted on either a main or auxiliary transmission. Front -mounted and flywheel -mounted power take -offs are also used in various applications. Power Train: All the components that handle the engine power from the truck engine to the driving wheels. This includes transmissions, drive shafts, as well as differentials and driving axles Pusher Axle: A non -driven (dead) axle installed forward of the driven axle(s) to increase the permissible gross weight, and consequently, the payload Rear Discharge Rotary Snowplow. A rear Discharge Rotary Snowplow locates the operator cabin over the Rotary Snowplow Head, and forward of the snow casting mechanism This provides for the snow to be cast from behind, or to the rear, of the operator Reflectors. Glass or plastic prism lenses which reflect light. G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 8-13 Resisting Bending Moment (RBM) A calculation used to compare frames of different section modulus and of different material It is the product of the section modulus times the yield strength of the frame material The formula expression is: RBM = Section Modulus x Yield Strength (Eq 2) It is readily apparent from the above formula that the yield strength of a frame is as important as the section modulus The RBM should, therefore, be taken into account whenever frames of unlike material and section modulus are being compared Ribbon: The relatively narrow flights that are formed into the helix portion of any helical auger Road Rolling Resistance sum of the forces at the area of contact between a vehicle's tires and road surface acting against the direction of movement. Roadside The left side of the vehicle when viewed from the rear Opposite side from curbside Rolling Radius Height measured from the center of the axle to the ground Rotary Snowplow Head The Rotary Snowplow Head is the main Rotary Snowplow housing incorporating the auger, the impeller and impeller housing (if any), and the balance of the fabricated assembly Serial Number A number issued to a vehicle or to a component of a vehicle for identification purposes See Vehicle Identification Number (VIN) Set -back Front Axle The front steering axle is normally as close to the front of the vehicle as the design and wheel and tire size permit. When the front axle is purposely located farther toward the rear it is referred to as being "set back " Center line of front axle to front of front bumper is normally from 28 to 37 inches on regular models and 48 inches or more on set -back front axle models Self -Contained Mountable Rotary Snowplow. Self-contained is any type of Rotary Snowplow that is quick mountable, usually to the front, of a loader, truck, or other prime mover or chassis, that contains its own power source and all accessory equipment within one mountable/demountable package Self -Propelled Rotary Snowplow. A rotary snow plow that is permanently mounted to a full time dedicated mobile chassis or prime mover that is used for no purposes other than snow blowing Shipping Weight: The dry weight of a complete truck with all standard equipment including grease and oil but without any fuel or coolant. Side Drive Augers Augers driven by a gear box, chain, hydraulic or hydrostatic motor from the left, right, or both sides are Side Drive Augers Single Engine Rotary Snowplow Snowplow with a single engine that provides both the power to the Rotary Snowplow and the motive power Single Stage Snowblower Rotary Snowplows A Single Stage Snowblower Rotary Snowplow uses one or more rotating impellers to both disaggregate and cast the snow Typically, all components handling the snow in a Single Stage Snowblower Rotary Snowplow operate at the same speed and/or have the same axis of rotation The axis of rotation is generally parallel to the vehicle's direction of travel Single Stage Snow -thrower Rotary Snowplows A Single Stage Snow -thrower Rotary Snowplow uses a single assembly to disaggregate, transport, and cast the snow Typically, all components handling the snow in a Single Stage Snow -thrower Rotary Snowplow operate at the same speed and/or have the same axis of rotation The axis of rotation is generally perpendicular to the vehicle's direction of travel G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 8-14 Snow Casting Chute The Snow Casting Chute is part of, or attached to, the Impeller assembly and/or the Rotary Snowplow Head assembly where the snow is discharged or cast. The Snow Casting Chute may, or may not be attached to a Spot Casting Chute (see def) The Snow Casting Chute may be adjustable to allow for operator control of where snow will be thrown through a vertical arc, or it may be fixed to direct snow only in one direction Also see Spot Casting Chute. Split Package Mountable Rotary Snowplow: A Split Package Rotary Snowplow is designed for quick mounting of an unpowered Rotary Snowplow Head to the front of a Carrier Vehicle while the power source for the Snowplow is mounted in a different location on or behind the Carrier Vehicle The remotely located engine drives the Snowplow through extended hydraulic, hydrostatic or mechanical drive systems. Spot Casting Chute The Spot Casting Chute attaches to the Rotary Snowplow Head in a manner that it can receive the snow being discharged from the Rotary Snowplow Snow Casting Chute A spot casting chute enables the operator to place the cast snow at various distances from the blower and/or cast the snow at various horizontal angles from the blower In the simplest configuration, snow is directed through a chute. In an adjustable chute, provisions are made to enable the operator to direct the cast snow through the chute, or to bypass the snow around the chute as the operator may require. A Spot Casting Chute is also often called a truck loading chute Spring Capacity. The allowable load that can be supported by the spring(s) Steering, All Wheel: Any system that augments the steering action of a chassis, providing for power orpower assisted steering controlled by the operator in the cab, on all wheels of the vehicle. ,Steering, Power: Also commonly referred to as "hydraulic steering" A Steering system that uses hydraulic pressure to control a steering axle without a direct mechanical (controlling) link between the operator's controls and the steering axle A backup system must be provided to maintain steering at all times. Steering, Power Assisted Steering gear or mechanism with a direct mechanical (controlling) connection to a steering axle that has provisions for part of the force required for operation to be provided by air, hydraulic, or other means, not including mechanical leverage (longer handles) Stopping Distance. The distance traveled by a vehicle from the point of application of force to the brake control to the point at which the vehicle reaches a full stop. Structural Member: A part of a vehicle designed primarily to support the load of a vehicle in operation. Suction Line A tubular connection between a reservoir or tank and the inlet of a pump. Synchronized Transmission. A type of manual truck transmission with built in devices to automatically match the rotating speeds of the transmission gears. Tag Axle. A non -driven (dead) axle installed behind the drive axle(s) to increase the permissible gross weight, and consequently, the payload Also termed "trailing axle." Tandem Axle. Two axles mounted as a group. In a dual -drive tandem, both axles have drive mechanisms and are connected to the engine power unit. Tare Weight: The total weight of an empty vehicle in a condition ready to receive payload. Third Party. A disinterested party professionally qualified to observe, understand, and/or record test data other than the manufacturer that is acceptable to the purchaser Tilt Cab. A cab that pivots forward to gain access to the engine or other major component. Tire Clearance Space between tires and the nearest part of the body or under -construction G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 8-15 Tire Loaded Radius The distance from the center of the wheel to the road with tire loaded to rated capacity Static radius applies when vehicle is at rest. Rolling radius applies for a vehicle in motion Rolling radius is usually slightly greater than the static radius Torque Converter: A hydraulic drive which transmits power with the ability to change torque Tractive Effort: The maximum force developed by a vehicle power train at contact between the driven wheels and road surface with 100% traction Transfer Case Split power gear box transmitting drive to the front and rear axles Transmission Selective gearbox providing various combinations of gear ratios Transmission, Automatic A type of transmission designed to self select and change gear ratios based on vehicle and engine speed Transmission, Hydrostatic A type of transmission that provides gear reduction between the engine and drive wheels that uses fluid under pressure to transmit power and torque rather than mechanical components Transmission, Manual A type of transmission that can function only with periodic mechanical input from an operator to select the gear reduction or drive ratio used in the transmission, and a mechanism (clutch) to disengage the power from the engine to the transmission during the mechanical shift input from the operator Transmission, Powershift: A type of transmission that can function only with periodic input from an operator to select the gear reduction or drive ratio in use in the transmission Powershift transmissions include a device that allows the change of drive ratios or gears by means of an internal device that does not require operator action to interrupt power from the engine while changing the gear or drive ratio Tread, Wheel Track (a) The distance between the centers of tires on the same axle at the points where they contact the road surface Duals are measured from the center of dual wheels (b) That portion of a tire that comes into contact with the road (c) The pattern of the surface of the tire that comes in contact with the road Truck Loading Chute See Spot Casting Chute Trunnion (a) The axis, pivot point, or center point between axles (b) The axis or pivot point of power transmission in a steerable drive axle where the turning member joins the non -turning member of the axle Turbine See auger, drum cutter type. Turning Radius One half the diameter of a circle described by the center line of the outside front tire while a vehicle maneuvers through a 360° turn a wall to wall b curb to curb Two -Speed Axle A driving axle arrangement whereby the driver can select one of two ratios Two Stage Snowblower Rotary Snowplows A two stage snowblower rotary snowplow uses one or more auger(s) or drum(s) in its first stage to disaggregate snow and transport snow to the ingress area of the second stage, (impeller or fan), from which the snow is cast. Two Stage Snowblower Rotary Snowplows have at least two distinct assemblies to disaggregate and to cast the snow The two stages must vary from each other in terms of speed, and/or axis of rotation G.\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 8-16 Vehicle Identification Number (VIN) A number issued to a vehicle for identification purposes. Format and code of a VIN is prescribed by law to identify manufacturer, configuration, and date of production Volute: See Impeller. PART 4 - TECHNICAL REQUIREMENTS: General Description. 4.1 The components that make up a complete rotary plow unit are based on the number of stages necessary to perform the functions of disaggregating (snow gathering) and casting snow. 4.2 Not Used 4.3 Two -Stage Rotary: 4 3 1 Rotary -Head Box. Fabrication shall be of heavy gauge welded alloy steel designed for the type of expected service using best engineering practices The rotary -head box shall have provisions for vehicle mounts, shoe or caster brackets, scraper blades, drive lines, controls, augers, and impeller bearing mounts and other mechanical hardware. A scraper blade shall be fitted to the lower leading edge of the box which shall be removable and made of high carbon steel or polyurethane The blade shall run the entire width of the box 4.3.2 Input Auger: The auger(s) shall have a minimum of two bearing supports. The ribbon blades shall be easily replaceable and made of high tensile steel. They shall be bolted or otherwise attached to the auger shaft and balanced to reduce vibration using best engineering practices 4 3.3 Input Auger (Solid). The solid auger shall have multiple cutter blades mounted on the auger drive shaft. Input auger shall be designed to feed snow to the discharge impeller to be cast away from the vehicle. The solid auger drive shaft(s) shall be balanced and supported by bearings, one at each end of the auger shaft (some designs may he configured differently). 4 3 4 Discharge Impeller System The impeller capacity shall be at least equal to the capacity of the input auger(s). The impeller blades shall be made of high tensile steel using best engineering practices and be balanced to reduce vibration and shock damage 4 3 5 Operation of the Rotary System. The operation of turbines shall be by hydraulic, hydrostatic, or mechanical means with the speed controlled by a single operator in the vehicle cab Power shall be transmitted to these systems via mechanisms located on either side of or in the middle of the rotary head box. To ensure efficient snow flow where an auger and impeller share the same drive shaft there shall be a reduction gear system between the two to provide a proper meshing of impeller speed and auger speed 4 3 6 Snow Casting Assembly: The snow casting assembly shall consist of a casting chute(s) that can be directionally controlled, an impeller(s), and a control system. The casting chute(s) shall be able to rotate in either a vertical or horizontal plane, or both, as required by the purchaser Casting distances shall range from zero to the maximum cast distance as specified by the purchaser The snow casting chute(s) shall be designed and positioned on the carrier vehicle so as to provide maximum operator visibility. Chutes shall be controllable by a single operator from within the vehicle cab. G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 8-17 4 3 7 Rotary Head Assembly. The rotary head assembly shall be equipped with a device that is capable of raising it a minimum of 8 inches (20 cm) from the pavement. The locking device shall be activated through the use of conveniently located controls in the vehicle cab The drive system shall not bind, rub, or vibrate excessively when the assembly is being moved When the vehicle is traveling, the assembly shall have a means to be locked in the raised position 4 3 8 Drive Protection System All auger and impeller assemblies shall be protected against sudden stops or damage that may be caused from foreign objects Protection may be in the form of automatic clutches, release overrides, and/or shear fasteners Consideration shall be given to the location of protection devices to minimize the requirement to remove snow in order to gain access to and reset or replace the protection device 4 3 9 Blower Head Drive Train Drive shafts, universal joints and other mechanical components of the drive train shall continue to provide power to the head assembly under normal operating conditions through the operating range of the blower head without physical damage 4 4 Minimum Performance Requirements a Anticipated Uses and/or Features of Rotary Plow (Be Specific) b Capacity (tons/hour) c Casting Distance @ Snow weight of Ib/ft3 d Required Speed of Operation (mph or km/h) e Turning Radius i wall to wall ii curb to curb f Unique Problems (if any) 4 5 Optional Equipment: See Appendix B 4 6 Carrier Vehicle Description The term carrier vehicle represents the various self-propelled prime movers that provide the power necessary to move snow and ice control equipment during winter operations The design of the vehicle chassis shall be based on an all -wheel drive concept for optimized performance and safety Vehicle selection is determined by the purchaser for the mission to be performed and the capacity of the selected equipment. Although these units may not be designed as over -the -road highway vehicles, the following Federal Motor Vehicle Safety Standards shall apply as though they were an on - highway vehicle FMVSS 101 Controls & Displays FMVSS 102 Transmission Shift Lever Sequence, Starter Interlock & Transmission Braking Effect FMVSS 103 Windshield Defrosting & Defogging Systems FMVSS 104 Windshield Wiping & Washing Systems FMVSS 105 Hydraulic & Electric Brake Systems FMVSS 106 Brake Hoses FMVSS 108 Lamps, Reflective Devices, & Associated Equipment G'\PROJECTS\2017\17035E\SPEC\17035 SPEC Docx 8-18 FMVSS 111 Rearview Mirrors FMVSS 113 Hood Latch Systems FMVSS 116 Motor Vehicle Brake Fluids FMVSS 119 New Pneumatic Tires FMVSS 120 Tire Selection & Rims for Vehicles Other Than Passenger cars FMVSS 121 Air Brake Systems FMVSS 124 Accelerator Coritrol Systems FMVSS 201 Occupant Protection in Interior Impacts FMVSS 205 Glazing Materials FMVSS 206 Door Locks & Door Retention Components FMVSS 207 Seating Systems FMVSS 208 Occupant Crash Protection FMVSS 209 Seat Belt Assemblies FMVSS 210 Seat Belt Assembly Anchorages FMVSS 302 Flammability of Interior Materials a Truck Type Vehicles Truck type vehicles are standard production models designed primarily to meet an airport's snow and ice control needs but can also have the ability to perform secondary functions. They may be self-contained, designed specifically for a singular purpose, or they may be multi -functional, or they may be multi-purpose They should conform to the manufacturer's recommendations and be suitable for mounting all specified accessories b Special Purpose Vehicles Special purpose vehicles are customized specifically to meet special airport operator needs such as high-volume and/or extra wide swath clearing operations c. Wheel Loader Vehicles Wheel loaders are standard production four-wheel drive articulated and non -articulated vehicles, normally equipped with a front -mounted bucket, that operate at low speeds of 5 to 20 mph (8 to 30 km/h) They are very efficient for short haul operations and are used to clear compacted snow and ice from heavily used ramp and terminal areas and around pavement lights. Other applications include snow loading and stockpiling and loading of solid chemicals and abrasives d. Industrial 4x4 Tractor Vehicles Industrial 4x4 tractors are standard production models adapted for snow and ice control work in confined areas While similar to wheel loaders, most are built to operate at higher speeds. 4 6.1 Materials: Materials used on a carrier vehicle shall conform to the specifications listed in the appropriate sections of Title 49, Chapter III, Federal Motor Carrier Safety Regulations. When not specifically listed, materials shall be of the best quality available for their intended commercial use. Component parts shall be new, unused, of current production I to the satisfaction of the purchaser. They shall be free of all defects and imperfections that could affect the serviceability of the finished product. 4.6.2 Design: Equipment shall be developed in accordance with the best engineering practices available. This includes the incorporation of ergonomic designs specifically directed at the vehicle's cab environment. Vehicle design shall include current state-of-the-art procedures that consider improved cab visibility, communications systems, interior lighting and the mitigation of noise and vibration Design and installation of equipment shall permit easy accessibility for maintenance and service. All vehicle stress points shall be designed to distribute and dissipate shock forces. 4.6 3 Construction: Vehicle construction shall provide maximum protection against structural G:\PROJECTS\2017\17035E\SPEC\17035 SPEC Docx 8-19 member failures Equipment shall withstand the cold, moisture, strains, jars, vibration, and other conditions that are likely to be encountered during operation All components and assemblies shall be free of hazardous protrusions, sharp edges, cracks, or other elements that might cause injury to personnel or damage to equipment. Location of all oil, hydraulic, and air lines and electrical wiring shall be in protected positions properly attached to the frame or body structure Wherever these lines pass through apertures they shall be protected with looms or grommets except where a through -frame connector is necessary 4 7 Chassis The design of the vehicle chassis shall be based on an all -wheel drive concept for optimized performance and safety It shall have power assisted steering and a transmission with suitable load and speed ranges to accommodate normal operating conditions Vehicles shall have heavy duty tow hooks, tow eyes, or other suitable tow connections attached to the rear of the vehicle The tow hooks, eyes, or other suitable toe connections shall be attached to the frame or structure of the vehicle, and provide adequate strength to allow lifting and/or pulling the vehicle for emergency recovery situations A pintle hook, rated at not less than the GVWR shall be permanently attached to the rear frame structure capable of towing a vehicle. All installed parts and accessories necessary for the safe operation of the vehicle shall conform to applicable provisions of Title 49 4 7 1 Structural Members The frame shall be made of either pressed or structural steel shape and reinforced as required to prevent distortion under maximum load conditions All frames and stiffeners shall be treated with a corrosion inhibitor and shall be primed and painted before assembly 4 7.2 Dimensions and Clearances Carrier vehicles with snow removal attachments shall have the following overall dimensions a Minimum Ground Clearance The minimum ground clearance of a vehicle chassis shall be 8 inches (20 cm) b Maximum Overall Height: Change Maximum Overall Height to read The maximum overall height of a vehicle including discharge chutes, lights, and exhaust stacks (with rain cap up if so equipped) shall not exceed 13 feet (4 0 m) unless otherwise specified by the customer A placard shall be installed in the vehicle cab stating the maximum overall height. If practical, the placard should be located at the top of the windshield as nearly over the steering wheel as possible to be immediately visible to the operator when looking upwards c Maximum Overall Width The overall maximum width of a vehicle including rotary plow head shall be 18 feet. d Maximum Overall Length. Maximum vehicular length may be specified by the purchaser who shall take into consideration shop areas and maneuverability expected of the vehicle during operation 4 7 3 Weight Distribution The gross vehicle weight of the vehicle shall be distributed over its axles in accordance with best engineering practices The center of gravity shall be kept as low as possible under maximum load conditions While it is loaded the vehicle shall be capable of resting on a 20% transverse grade without danger of overturning A copy of the calculated weight distribution shall be provided to the customer prior to construction, and the produced vehicle shall not deviate from the calculated weight distribution by more than 5% on any axle, or for the gross weight as determined by weighing the unit at a public certified scale G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 8-20 4.8 Engine Engine and vehicle manufacturers shall provide an application approval, at the time of vehicle delivery that states the engine is suitable for use in the vehicle as configured and that the installation is approved by the engine manufacturer. The vehicle engine shall be of internal combustion type. Unless specified, the diesel engine shall be designed and tuned for operation using ASTM D 2 diesel fuel. Anti -freeze, crankcase and gear oils, greases, automatic transmission fluid, and hydraulic oils shall be as per current SAE, API, or ASTM specifications and not proprietary products. It shall be able to meet the performance characteristics specified herein on commercial grade fuel. Dual engine vehicles shall use a common fuel. The engine shall develop sufficient torque and horsepower to meet its normal operational requirements without exceeding the no-load speed at the peak of its certified gross brake horsepower curve. Engine noise and vibration shall be reduced in the vehicle cab by use of best engineering practices and machine layout. Idle time limiters or other automatic shut down devices designed to limit emissions, conserve fuel, or enhance operating costs must be permanently disabled if such devices could leave a unit disabled on a taxiway or runway Permanently disabled means the disabling must be done in such a manner so as not to be easily or accidentally re -activated. 4.8 1 Cooling System• The engine cooling system shall be based on either a liquid or forced air design. Internal temperatures of liquid cooled engines shall be controlled by a by- pass thermostat that regulates the flow of engine coolant. Drain cocks shall be installed at the lowest point of the cooling system and at other points necessary to completely drain the system. A sight glass or other device is required in all liquid cooling systems to allow the operator to determine that there is sufficient fluid for normal and safe operation without the need to open the system. 4.8.2 Coolant Temperatures. The design and installation of the system shall assure that coolant temperatures shall remain within the engine manufacturer's operational specification (both high and low) when properly maintained and operated in ambient temperatures during snow removal operations Cooling system heaters, oil pan heaters, lubricating oil heaters, battery and block heaters, and cold start aides are required due to frequent temperatures below 20°F. 4 8.3 Fuel System• The fuel system shall comply with Title 49 and include all components necessary for a complete operational system 4.8 4 Fuel Tank(s) and Lines. Useable fuel capacity should be not less than a calculated value of: (total maximum brake horsepower for all engines) x (055 gals/hr/bhp) x (desired operating hours) x (0 8 for an 60% load factor) Normal operating hours should be eight hours. If dual tanks are used, the supply system shall be designed to ensure an uninterrupted flow of fuel to the engine(s) without input by the operator, and to allow shutoff of each tank should the crossover lines of either tank be damaged. Dual tanks shall also have adequately sized crossover lines to allow refilling both tanks from one location. Fuel lines shall be securely fastened in place, installed to prevent chafing or strain and protected by grommets where lines project through metal apertures. Each fuel tank is to be equipped with an accessible bronze or brass drain plug or a quick drain A properly rated fuel water separator with integral heater shall be installed in an accessible location near the tank. If the engine requires a boost pump to assure adequate fuel flow to the engine, a pressure operated switch with in -cab warning light shall be furnished to warn the operator of low boost pump pressure The boost pump should be installed to shut off when the engine is turned off, or to have an emergency shutoff switch or circuit breaker located near the light to allow the operator to shut off the boost pump in the event of fuel leakage downstream of the boost pump G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 8-21 4 8.5 Fuel Filler Pipe The fuel filler pipe(s) shall be located outside of the vehicle cab in an area accessible for refueling from the ground A light chain shall be attached near its opening and to the filler cap to prevent loss of the cap The filler neck shall include a screen to prevent the entry of foreign objects into the tank. The fuel filler cap shall be painted a color appropriate for the type of fuel, and a permanent label shall be affixed as close as practical to the fill neck(s), in an area visible to the person refueling the vehicle, stating the appropriate fuel and capacity of the tank(s) A label shall also be installed in the cab near the fuel gauge indicating which side of the vehicle must be positioned towards the fuel pumps (e.g , Fuel Fill) 4 8 6 Air Cleaner. The air cleaner shall be of a two-stage design The first stage incorporates a pre -cleaner while the second consists of a dry type replaceable paper filter A restriction indicator is required in the cab for each engine air intake system The connection between the air cleaner outlet(s) and the engine intake(s) shall be waterproof and dust tight. The air cleaner intake shall be positioned in a manner to discourage the ingestion of snow and other contaminants, e g within the hood cavity 4 8 7 Exhaust System and Muffler. The engine shall be equipped with an efficient and safe exhaust system including mufflers Its location shall minimize noise and exhaust gases entering the vehicle cab under all operating conditions Further noise reduction by noise suppression materials, such as muffler insulation, is encouraged Horizontal portions of exhaust systems shall be protected, whenever possible, from corrosive agents and fuel spills Mufflers and exhaust components positioned in or near normal operator work areas shall include appropriate guards to minimize the burn risk to airport personnel Exhaust systems shall be positioned on the vehicle in a manner to minimize contact with slush and snow Muffler(s) are to be made of aluminum, aluminized steel, stainless steel, or materials coated with ceramics Devices shall be installed to prevent snow and slush from entering vertical exhaust stacks 4 8 8 Governor Engine speed shall be regulated by a governor set to provide the maximum operating speed recommended by the engine, driveline, and power train manufacturers 4 8 9 Lubrication An engine's lubricating system shall be equipped with standard production fittings and accessories Engine oil filter(s) shall be engine manufacturers approved design and able to accept commercial replacement elements All engine(s) shall receive lubrication prior to delivery with lubricants designated for use under ambient temperature conditions at the point of delivery The unit(s) shall be tagged to identify the proper lubricants and their temperature ranges 4.8 10 An automatic engine protection system to prevent engine damage due to low engine pressure, high coolant temperature, or low coolant level is required A provision for the emergency movement of the unit from a runway or taxiway must be provided 4 8 11 Accessibility: a Component Location. Engine and chassis components shall be positioned to allow easy access for inspection and maintenance purposes. Components that historically present maintenance problems or those that have the potential to cause operational problems should particularly be located in unobstructed areas Locks, controls and fasteners shall be designed to prevent over -torquing Fluid capacities that must be checked during a pre -trip inspection, such as hydraulic oil level(s), windshield washer fluid level, and diesel fuel level shall be visually observable or otherwise capable of being checked without the need for tools, and without requiring work stands, portable ladders, or other equipment to check the service levels To the extent practical lighting in these areas shall be adequate to perform the checks without the need for G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 8-22 flashlights or other portable lighting. b. Cover Plates: Cover plates shall be equipped with either quick -disconnect fastenings or hinges. 4 9 Drive Train 4 9.1 Transmission Transmission and vehicle manufacturers shall provide an application approval, at the time of vehicle delivery that states the transmission is suitable for use in the vehicle as configured and that the installation is approved by the transmission manufacturer The transmission shall operate smoothly and efficiently and be capable of transmitting the maximum gross torque generated by the engine to the drive wheels through all gear reductions Safety interlocks to prevent starting the engine unless the transmission is in neutral, or, the clutch is disengaged, shall be installed Drive trains shall be in conformance with SAE requirements and shall be designed to minimize the number of joints. a Automatic. Automatic or non -manual transmissions are either hydrostatic (with or without transfer case), automatic power shift, standard power shift, or fully automatic. Designs utilizing torque converters shall have a suitable torque ratio for the expected load ranges The torque converter shall not operate at less than 70% efficiency The gear or range selector shall have forward, neutral and reverse positions clearly identified 4 9.2 Transfer Case: The vehicle and transfer case manufacturers shall provide an application approval at the time of vehicle delivery that states the transfer case is suitable for use in the vehicle, as configured. Transfer case assemblies shall provide positive drive to the front and rear axle(s) and may be of optional single or multi -speed design. Three proven alternatives are the manual front axle disconnect type, the center differential with manual or automatic lockout type, or an overriding clutch type The transfer case may be a separate unit mounted independently or integrated with the transmission The transfer case shall be per manufacturer's recommendation and standard design. 4 9.3 Axles: The axle and vehicle manufacturers shall provide an application approval at the time of vehicle delivery that states the front and rear axles are suitable for use in the vehicle, as configured. The axle manufacturer's published rating shall at the least be equal to the load imposed at ground level when the vehicle and/or each component is in its maximum load configuration (i e , rotary plow up and rotary plow down, and/or a material body, if any, loaded to its cubic rated volume) Each non -steering axle shall be equipped with a retarding type device to ensure a torque transfer to each wheel having traction When appropriate, manual lockout controls shall be located in the vehicle cab The torque capacity of each axle and differential shall be at least 10% in excess of the maximum torque that the axle may experience under any GVW operating condition The power transmitting shaft on each steering axle shall incorporate steering joints that do not produce objectionable steering characteristics while the vehicle is operating on uneven surfaces Two proven designs are single reduction with all gear reduction taking place in the central housing of the axle, and planetary, in which a second speed reduction takes place beyond the axle's center housing. 4 10 Brake System. Vehicle service and emergency braking systems shall meet Title 49 requirements for vehicles of similar design. These systems, whether air, hydraulic, or of another design, shall be complete with all necessary equipment to safely control, stop and hold a fully equipped vehicle under all normal operating conditions. Both systems shall be readily accessible for external adjustment. Anti lock brakes are required G:\PROJECTS\2017117035E\SPEC\17035 SPEC.Docx 8-23 4 11 Steering Mechanism The vehicle shall have a steering mechanism that is operated from the driver's seat. During normal operations, the mechanism shall be capable of controlling the vehicle with all equipment operating Steering equipped with power assistance shall revert to manual operation in the event of power assist system failure, or be equipped with a dual power steering system that operates in a fail-safe manner so that the failure of one system will not lead to a loss of steering The design of the steering mechanism should, in the event of a power assist failure, be capable of safely maneuvering the vehicle off the primary operational areas of the airport and to a park position from the maximum design speed allowed on the airport. All wheel, front wheel steer is required 412 Suspension System Vehicles shall be equipped with a current production model suspension system having a minimum rated capacity equal to the GVW of the carrier vehicle. -Manufacturer's capacity ratings may not be arbitrarily raised to conform to the requirements of this specification The suspension system shall exhibit no permanent set after the load is removed 4 13 Wheels, Rims, Tires, and Tubes a Wheels, rim and tire ratings shall conform to The Tire and Rim Association's published recommendations b Tires Each tire shall have a rated carrying capacity at least equal to the loads imposed on them in the maximum load configuration (i.e , rotary plow up and rotary plow down) Tires on each individual axle shall be of the same size Tires between axles may vary due to loads, configurations, and engineered gearing sets In such cases, care must be taken and all components must be viewed as a system that provides an acceptable speed match between driven axles Tires shall have an aggressive tire tread Tires (and tubes when applicable) shall meet the first line commercial grade requirements for the speed and type of service required The front and rear tread widths shall not vary by more than 4% c Spare Rim/Tire If one size and configuration of tire and wheel cannot be immediately interchanged to all positions on the vehicle, one spare rim and tire for each distinct configuration is required, otherwise one spare rim and tire is required 4 14 Hydraulic System The hydraulic system shall consist of appropriate rams, pumps, piping, fittings, valves, controls, fluid reservoirs, filters, coolers, and other parts essential to its full operation The system shall be capable of hydraulically positioning equipment through the entire range of its design limits It shall be capable of operating all controls simultaneously without a noticeable reduction in power response All hydraulic controls shall be located in the vehicle cab The equipment manufacturer shall avoid high pressure hydraulic lines within the cab by means of remote cable or electric over hydraulic controls whenever possible If a high-pressure line must be located within the cab, it shall be properly shielded to protect the operator to the satisfaction of the purchaser The system shall be ruggedly constructed and able to withstand all loads imposed on it without relying on the use of mechanical locks Adequate cooling must be included to maintain acceptable hydraulic oil temperatures throughout expected vehicle operational ranges Filters within the hydraulic system shall conform to SAE J931 4 14 1 Pump(s) and Power Takeoff. The pump(s) shall be ruggedly constructed and powered by the engine through a the engine through a power takeoff It shall have sufficient capacity to operate the hydraulic equipment specified herein under all operating conditions and speeds Belt driven pumps should be avoided whenever possible 4 14 2 Lines and Fittings Only commercial quality hydraulic lines, hoses, and fittings that are G:\PROJECTS\2017\17035E\SPEC\17035 SPEC Docx 8-24 capable of withstanding system working pressures under load are acceptable Hydraulic hoses shall have a bursting pressure of three times their rated working pressure. The use of fittings, joints, and connections shall be kept to a minimum Where local climatic conditions require, the purchaser should consider requiring arctic type hoses with temperature ratings appropriate for the location Test gauge connection fittings shall be provided at all suitable points throughout system for maintenance and trouble -shooting. All hydraulic system components are to be shielded from engine exhaust heat, and heat shields shall be installed on the engine exhaust system to divert any possible leakage from the hydraulic system Hoses shall be installed inside steel tubing wherever necessary to deflect the flow of fluid from exhaust and electrical system components in the event of hose rupture or leakage. 4 14 3 Fluid Tank: The hydraulic fluid tank shall have a filler neck consisting of a strainer, drain plug, shutoff valve, air vent and baffles Its capacity shall exceed the volume of oil required for the operation of any combination of attachments by 50%. A sight glass or other device shall be provided to allow the operator to verify that fluid level is sufficient for safe operation without the necessity of opening the system An oil level warning device shall be provided in the cab for all hydraulic systems. A label shall be installed as close as practical to the filler neck indicating the proper fluid for servicing the hydraulic system, and the capacity of the tank. 4 14 4 System Winterization: Hydraulic systems shall be designed and operated in accordance with the requirements specified in ARP1247. The hydraulic system shall meet the same low temperature requirements as the engine coolant system. Where appropriate properly sized shutoff valves shall be installed on each side of all filters to facilitate filter changing with minimal fluid loss If filters are installed in compartments or other areas where fluid collection is possible, drain holes will be installed to allow fluid drainage during servicing 4.15 Electrical System. The electrical system shall be negatively grounded and installed in accordance with current state-of-the-art practices and appropriate Federal requirements. All vehicle wiring shall be in accordance with SAE J1292. All vehicle body electrical equipment, components, and wiring shall meet the requirements set forth in ARP1247 All parts of the electrical system shall be waterproof, easily accessible, securely mounted, and protected against extreme temperatures, physical damage, snow, oil, and corrosion All electrical circuit wiring shall be made of stranded conductors with a capacity exceeding the anticipated maximum circuit loading. Insulation of electrical wiring shall be equal to the recommended standards established for insulation materials by the Society of Automotive Engineers (SAE) All electrical circuit wires shall be identified by color or number along their entire length The wiring codes shall match information to be provided in the supporting service manuals 4.15.1 All vehicle components and systems shall operate without being affected by interference damage or disruption including detrimental effects or interference to on -board computer modules from either vehicle generated noise, or stray EMF or RMF fields encountered from any airport operations EMF and RMF noise sources that may be generated by the vehicle, especially if such noise is detrimental to aircraft, Air Traffic Control, or air navigation equipment, shall be shielded 415.2 Power Supply The carrier vehicle shall be equipped with self regulating electric alternators having an output capacity that exceeds the anticipated electrical load The minimum idle output of the alternator shall be 20% greater than that required by the vehicle with the engine operating at idle, heater and defroster set at low fan setting, parking and/or marker lights on, communication radio(s) on, windshield wipers operating, and either hazard flashers or Vehicle Safety Identification Lights on. The minimum output of the alternator when operating at governed engine speed shall be 20% greater than that G:\PROJECTS\2017\17035E1SPEC\17035 SPEC.Docx 8-25 required by the vehicle in its operating mode with the heater and defroster set to maximum settings, headlights and marker/tail lights on, communication radio(s) on, windshield wipers at maximum setting, and the Vehicle Safety Identification Lights operating An electrical load analysis worksheet shall be provided to the customer prior to construction showing the electrical loads during the above described conditions. 4 15 3 Batteries shall be securely mounted and adequately protected against physical injury, water, chemicals and exhaust heat. They shall be properly sized based on vehicle manufacturer recommendations and be readily accessible for change out and for other purposes Enclosed battery compartments shall have adequate ventilation. Battery capacity (cranking amps, voltage, reserve power, continuous/deep cycle demand) shall be compatible with the size of the engine and the anticipated electrical load expected under normal operating conditions 4 15.4 Starting Device The vehicle shall have an electrical starter that shall not introduce a voltage drop sufficient to adversely affect the ignition system It shall be equipped with an overload protection device if such device is available from the manufacturer of the starter The airport sponsor shall specify the type(s) of electrical systems that are acceptable a 12 volt electrical and starting b 12 volt electrical/24 volt starting c. 24 volt electrical and starting 4 15 5 Ignition System. For extreme weather conditions a block heater or other heating device is required A high idle control for efficient engine warm up and stand by operations shall be provided. High idle switches or throttle controls shall be designed to operate only when the transmission is in neutral 4 15 6 Backup Alarm All vehicles that have limited rear view visibility and/or have a GVWR of 26,000 pounds, shall be equipped with a backup alarm installed at the rear of the vehicle The backup alarm shall be activated whenever the transmission is placed in reverse The backup alarm shall be a SAE J994, Type B vehicle backup alarm. 4 15 7 Horn The vehicle shall be equipped with an electric or air horn to allow the operator to provide an audible warning in an emergency 4 16 Lighting System The lighting system, including reflectors, markers identification and clearance lights, shall conform to FMVSS 108 as though the vehicle were an on -highway vehicle An all LED sealed wiring lighting system is required In addition, task -oriented lights, and other lighting shall be furnished to help the operator identify the overall width, and when practical to project a beam or light pattern on the ground in front of the blower to assist the operator in determining those areas to be cleared and to provide adequate illumination for the operator and service personal when the unit is on darkened aeronautical areas a. Headlights. The carrier vehicle shall be equipped with two or more sealed -beam quartz -halogen or high energy discharge type headlights with upper and lower driving beams and a foot or hand controlled switch for beam selection If snow removal attachments obstruct forward illumination of these lights an auxiliary set of comparable lights shall be provided to overcome the obstruction A control to select the secondary lights shall be provided in the operator cab b Backup Lights. There shall be at least two backup lights installed at the rear of and at either side of the vehicle that will automatically be activated when the vehicle is shifted into reverse gear G \PROJECTS\2017\17035E\SPEC\17035 SPEC Docx 8-26 c. Vehicle Safety Identification Lights The vehicle shall have a minimum of one revolving yellow beacon or flashing strobe mounted on its uppermost part (see FAA AC 150/5210-5B, Painting, Marking and Lighting of Vehicles on an Airport). The Tight emitted from the beacon should not reflect off rearview mirrors and into the operator's eyes. 4.17 Operator's Cab. 4 17.1 General. Carrier vehicle cabs shall be made of either metal or fiberglass construction and be of conventional, cab forward, or cab -over design They shall be fully enclosed accommodating single operator plus assistant/trainee (full cab) A definite separation shall exist between the engine and operator's compartment. All non -glass surfaces, such as the floor, sides, and roof of the cab, shall have insulation to reduce exterior noise The maximum interior cab noise measured at the operator's seat shall not exceed 85 dBa under the following conditions windows closed, heater and defrost systems at maximum operation, and carrier vehicle and equipment engines operating at maximum rated capacity. Manufacturers of the equipment are encouraged to improve upon the specified noise level. To the extent possible, the interior of the cab shall be ergonomically designed providing the operator with a pleasant working atmosphere that is devoid of the stark conditions normally associated with older equipment. All cabs shall provide at least two different routes of egress to allow the operator to exit the cab in the event of rollover or overturn 4.17.2 Communications Equipment Space. Transceivers shall be installed in carrier vehicles to establish voice communication with other vehicles, the air traffic control tower, and snow control center and maintenance facilities The vehicle cab shall be designed to provide convenient space near the operator for the installation of a pair of transceivers The airport operator shall specify required two-way radio equipment and frequencies. 4 17.3 Fire Extinguisher(s). The vehicle cab shall have at least one 2A-10BC interior mounted fire extinguisher that is readily accessible to the operator. Vehicles equipped with fuel tank(s), hydraulic oil tank(s), or any flammable liquid tank(s) that have a total combined volume of 200 gallons or more of flammable liquid shall be equipped with one 20 B C. Purple K type fire extinguisher installed on the vehicle or equipment at a place readily accessible from the ground. 4.17 4 Operator Seat: The vehicle cab shall provide an operator seat that can easily be adjusted up and down, fore and aft, a minimum of 3 inches (7 6 cm) in each direction The seat should also be capable of reducing the effect of vehicle vibration by featuring air -cushion shock absorbing seat systems, or systems of comparable design. All vehicle seats shall have three-point (minimum) seat belts, certified by the vehicle manufacturer to have been tested and in conformance with FMVSS requirements. Seats shall be fully upholstered with a good quality fabric or plastic material 4 17 5 Windows and Windshield. Unless otherwise specified an electrically heated windshield shall be provided The vehicle cab shall maximize the use of glass, including the placement of panels if possible in the lower sections of door panels, to increase the operator's view of operational areas and ground surfaces. All installed glass shall be laminated, safety rated, and conform to all FMVSS requirements. Customer to specify tinted or clear glass The location and size of the windshield shall minimize visual obstructions to the operator. The windshield shall be designed to avoid snow build up and be equipped with one or more variable speed intermittent operating wipers (standard or wet arm) The windshield wiper system shall be capable of sweeping a clear view for all occupants up and be equipped with at least one variable speed automatically operating G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 8-27 wiper (standard or wet) that is capable of sweeping a clear view for all occupants The windshield washer reservoir shall have a capacity of at least 11/2 gallons (5 6 liters) Fluid applicators shall be located to provide at least 75% coverage of the windshield The cab shall be equipped with sun visors Windshields and other glass surfaces in the vehicle cab used in the operation of the vehicle and/or to view pavement surfaces, including rear windows if installed, shall be cleared by means of a defroster system that is part of the cab's heating system The standard circulating air type defroster may be complimented by electrical type heating systems for glass areas as required by the purchaser 4 17 6 Exterior Rearview Mirrors Two electrically heated exterior rear view mirrors of the extension arm type shall be mounted one on each side of the vehicle cab Rear view mirrors are to be powered and remotely controlled Each mirror shall have an area of not less than 100 in2 (650 cm2) 4 17 7 Heater. The carrier vehicle cab shall have a heating system that is capable of maintaining a minimum interior temperature of 65 °F (18 °C) at an ambient outside temperature of -20 °F (-29 °C) Heat output shall be controllable from within the cab by a selector switch that is conveniently located to the operator Under all conditions of heating and ventilation, the temperatures measured in the operator's immediate environment should be uniform within 9 °F (5 °C) (see SAE J1503) 4 17 8 Ventilation Ventilator/heater fan shall have blower capacity equal to one cab volume per minute Cab ventilator intakes should be screened and positioned in such a manner to minimize the entry of snow 4 17 9 Hour Meters Every engine permanently attached to a carrier vehicle shall be equipped with an hour meter that registers engine operation time from 0 to 9999 hours Hour meters shall be prominently displayed so that they can be easily read by an operator or service personnel The hour meters shall be of direct read design and shall only register when the engine is running 4 17 10 Instrumentation The cab shall display an instrument panel equipped with rocker and/or toggle switches and controls (instruments) that are friendly to operators wearing bulky winter clothing Toggle switches, where used, shall have a minimum length of 11/2 inches (4 cm) Frequently used instruments shall be located in direct line -of -sight and within forearm reach of a medium sized person sitting in the operator's position All instruments shall be clearly identified with labels that indicate their function. Instruments should display urgency -of -action lights, i e , green for normal operation, amber for warning, and red for emergency Instruments shall be illuminated by background lighting regulated by dimmer switches capable of providing infinitely variable lighting intensities Circuit breakers shall be grouped for easy access and convenience Typical instruments that report and track major functions of a carrier vehicle and mounted equipment are as follows. A. Engine 1) Voltmeter 2) Lubricating Oil Pressure Gauge(s) 3) Coolant Temperature Gauge(s) 4) Tachometer(s) including hour meter(s) 5) Starting Controls (including auxiliary cold start controls) G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 8-28 6) Hydraulic Oil Pressure and Temperature Gauge if applicable 7) Transmission B Vehicle Chassis: 1) Brake -air Pressure Gauges if applicable 2) Low -air Pressure Warning, visual and audible type if applicable 3) Light Switches and Headlight Beam Indicator 4) Speedometer with Recording Odometer 5) Fuel Quantity Gauge(s) 6) Equipment Controls 4.18 Sheet Metal Components: 4.18.1 General: The carrier vehicle engine, as well as its mechanical components, shall be protected wherever possible from snow, rain and other winter elements Body and engine enclosures may be fabricated from aluminum, fiberglass, and/or steel Self tapping bolts are unacceptable in the construction of these enclosures. a Steps: Four-way safety tread, open design steps are required to ascend and descend high profile carrier vehicles. These steps, together with assist handles, shall provide for constant three-point contact, and shall be of ample size to ensure safe and easy access for persons wearing bulky winter clothing b Walkway• A four-way safety tread, open design walkway shall be provided, as necessary, for access. c. Handrails. Handrails shall be provided as required at all steps, walkways, and work stations They shall be made of corrosion -resistant materials or otherwise treated to prevent corrosion d Fenders• All carrier vehicles shall be equipped with fenders and non -sail mud flaps to prevent wheels from throwing snow and other debris. e. Drains• Plugged or free flowing drains shall be provided at all body and compartment locations where standing water can collect. Free flowing drains shall not drain onto sensitive mechanical or electrical components or on areas anticipated to be occupied by personnel during normal operations f Doors Doors shall be equipped with a positive closing mechanism and, where appropriate, a locking mechanism Top hinged compartment doors shall be held in the open position by a support arm(s) g. Gutters The vehicle cab shall be equipped with gutters, located above the entrance doors, of sufficient length to span the door width and provide runoff protection to occupants either entering or exiting the cab. 4 19 Painting, Marking, and Lighting of Vehicles. 4 19.1 Painting and Marking The vehicle shall be painted Chrome -Yellow in accordance with G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 8-29 color tolerance charts that have been made available for FAA regional airport inspectors and key potential users in the aviation safety equipment industry (see AC 150/5210-5B) 4 19 2 Preparation and Finish The carrier vehicle and all mounted and towed equipment shall be cleaned first, then treated with a corrosion inhibitor, primed, puttied, sanded, and finally painted The paint shall consist of not less than two coats of Chrome -Yellow polyurethane enamel, acrylic enamel, acrylic urethane, or similar high durability, long life paint; applied to produce full hiding 4.19 3 Quality. The finished paint shall be free of "fisheye," "orange peel," chips, runs, or other imperfections that detract from the equipment's corrosion resistance and appearance 4 20 Miscellaneous. 4.20 1 Plastic Plates Plastic plates are acceptable only in locations that are not exposed to the elements and subject to weathering or excessive heat. 4.20 2 Information Plates shall identify make, model, serial number, and any other relevant data 4.20 3 Technical Publications The manufacturer shall furnish two complete sets of manuals One set of manuals shall consist of an Operator's manual, Parts Manual, and Maintenance and Service Manual 4 20 4 Operator's Manual The operator's manual includes lubrication charts and instructions 4.20 5 Parts Manual The parts manual identifies and lists all parts, components, and sub- assemblies used in the fabrication of the carrier vehicle and mounted equipment. 4.20 6 Maintenance and Service Manual A maintenance and service manual provides guidance to non -specialists performing routine services The manual should also describe in detail with appropriate schematics the overhaul and major maintenance procedures required to maintain and repair the vehicle The maintenance manuals shall include complete schematics of the electrical, air, and hydraulic systems as applicable Number codes on wires and hoses as found on the vehicle shall match those provided in the maintenance manual schematics 4.20 7 Accessories and Tools The carrier vehicle shall be equipped with tire tools, a jack, shear pins, and specialized tools They shall be kept either in a secure and readily accessible enclosure that is permanently affixed to the vehicle or in the maintenance facilities of the airport. 4.20 8 Lug wrench and any other special tire tool required to change a flat tire 4.20 9 Jack A jack specifically adapted to the carrier vehicle and of adequate capacity to be capable of raising it to a position where a flat tire can be changed 4 20 10 Shear Pins A minimum of six pins shall be provided in support of each shear pin located on the carrier vehicle and its auxiliary equipment. 4.20.11 Specialized Tools Specialized tools required for routine servicing of the carrier vehicle and its auxiliary equipment. 4.21 Delivery. 4.21 1 Shipment: The vendor (seller) is responsible for the safe and timely delivery of the G:\PROJECTS\2017\17035E\SPEC\17035 SPEC Docx 8-30 vehicle and its accessories, spare parts, and tools to the agreed place of delivery 4.21.2 Marking: Carrier vehicles shall be marked for shipment in accordance with instructions agreed to by the purchaser. 4.21.3 Instruction and Training. The manufacturer shall, at no additional cost, furnish the services of trained personnel to the purchaser at a time and place agreed to by all parties. These individuals shall provide instructions to airport personnel sufficient to familiarize themselves with the operational and maintenance characteristics of the vehicle and its auxiliary equipment. The period of instruction shall be 24 hours or as required depending upon crew size PREPARED UNDER THE JURISDICTION OF SAE COMMITTEE G-15, AIRPORT SNOW AND ICE CONTROL EQUIPMENT G:\PROJECTS\2017\17035E\SPEC\17035 SPEC.Docx 8-31 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT 1 Item No. 6.H. For Meeting of: December 5, 2017 ITEM TITLE: Resolution authorizing an agreement with M -B Companies, Inc. to provide required Snow Removal Equipment for the Yakima Air Terminal -McAllister Field SUBMITTED BY: Robert K. Peterson, Airport Director, 509-575-6149 SUMMARY EXPLANATION: The Yakima Air Terminal -McAllister Field is in the process of acquiring Snow Removal Equipment under a Federal Aviation Administration (FAA) funded Airport I mprovement Project 3- 53-0089-39. Through close coordination with the FAA, it's recommended the airport acquire two additional pieces of Snow Removal Equipment (Carrier and Blower) to assist the airport in upholding required airfield safety standards. Through a competitive bidding process, the airport received three bids which were evaluated and the lowest responsive and responsible bidder has been identified. This agreement will award the contract to M -B Companies, Inc. in the amount of six hundred and thirty-six thousand, four hundred six dollars and forty cents ($636,406.40) to assemble and provide the required Snow Removal Equipment for the Yakima Air Terminal -McAllister Field. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: Yes Public Safety City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description D Resolution D contract D Recommendation of Award Di bid award Upload Date 11/15/2017 11/17/2017 11/16/2017 11/17/2017 2 Type Resolution Cover Memo Backup Material Cover Memo If 1111111 MI 10 2406 W. Washington Ave, Suite A Yakima, Washington 98903 (509) 515-6149 (509) 575-6185 FAX Thursday, November 16', 2017 Maw Vargas Program Manager Seattle Airports District Office Federal Aviation Administration 1601 Lind Ave SVV, Suite 250 Renton, WA 98057-3356 RE: YAKIMA AIR TERMINAL-MCALLISTER FIELD ACQUISITION OF SNOVV REMOVAL EQUIP ENT (CARRIER VEHICLE AND BLOWER) AIR NO,: 3-53-0089-39 RECOMMENDATION OF AWARD Dear Ms, Vargas: The purpose of this letter is to provide the Federal Aviation Administration (FAA) with supporting documentation in relation to the acquisition of Snow Removal Equipment (Carrier Vehicle and Blower) bidding process. Enclosed you will find a recommendation letter from HLA Engineering and Land Surveying, Inc. (HLA), and bid summary of the three bids received on July 20, 2017, and supporting documentation to illustrate the lowest responsive and responsible bidder is compliant with the contract documents and Buy American requirements. Upon careful review of all bids and the associated costs, the Yakima Airport concurs with HLA's recommendation letter to award M -B Companies, Inc, for our Snow Removal Equipment which includes carrier vehicle and blower head. We feel M -B Companies, Inc. is the lowest responsive and responsible bidder satisfying the City of Yakirna's bid award requirements and Buy American waiver requirements of '60% or more of the components and subcomponents in the equipment are of US origin and final assembly is in the US", If the FAA concurs with this recommendation, please provide an approval letter, Upon receiving the FAA's approval the City Manager will sign the bid summary sheet and execute a contract to initiate work. In the event you have any quest ons regarding either recommendation please feel free to contact myself or Stephanie at your earliest convenience. Sincerely, Robert K. Peterson Airport Director Yakima Air Terminal -McAllister Field Cc: Stephanie Ray, HLA Engineering and Land Surveying, Inc. Kris Yalovich, Yakima Air Terminal -McAllister Field File \\yakinla_eitylykatAlsers'rrpeterso12016 SRE (Carrier Broom Design) and Land Stt ng, 11 November 17, 2017 City of Yakima Yakima Air Terminal 2406 West Washington Avenue, Suite B Yakima, WA 98903 Attn: Mr. Robert Peterson ° Airport Director Re: City of Yakima Yakima Air Terminal SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT A.I.P. NO.: 3-53-0089-39 HLA Project No.: 17035 Recommendation of Award Dear Mr. Peterson: The bid opening for the above referenced project was held at Yakima City Hall at 2:00 p.m. on Thuradoy. July 20, 3017. A total of three (3) bids were received with the low bid of $636,406.43, being offered by M -B Companies, Inc. of New Holstein, Wisconsin. This low bid is approximately twenty-six (26) percent below the Engineer's Estimate of $865,600.00. In addition, supplemental information was provided by the lowest responsive, and responsible bidder to certify compliance with the Buy America Requirement and to seek a waiver by the Federal Aviation Administration. This approval will formally be provided by the FAA Airport District Office. We have reviewed and checked the bid proposals of all bidders and recommend the City of Yakima award a construction contract to the lowest responsive and responsible bidder, M -B Companies, Inc., in the amount of $636,406.43, contingent on approval of the Federal Aviation Administration (FAA). Enclosed please find one (1) original Bid Summary for signature bythe City Manager. Please return one (1) executed copy of the Bid Summary to our office. Please advise if we may answer any questions or provide additional information. Very truly yours, Stephanie J. Ray, PE SJR/cri Enclosures Copy: Mary Vargas, FAA (Email) Caroline Fitzsimmons, HLA Rachelle Pacsuta, HLA GAPROJECTS‘2017 \ 17035C YAT SNOW REMOVAL EQUIP, - SNOW BLOWER & CARRIER VEHICLE PROCUREMENT 42017-11-17 RECAWARD doc 2803 River Road • Yakima, WA 98902 + 5099667000 + Fax 509965.3800 4. I- BID SUMMARY BIDDER-#4 BIDDER-#2 BIDDER #3 BIDDER #4 Owner: CITY OF YAKIMA - YAKIMA AIR TERMINAL Project: SNOW REMOVAL EQUIPMENT - SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT HLA Project No.: 17035 A.I.P. NO.: 3-53-0089-39 Date: July 20, 2017 Solid Waste Systems, Inc. P.O. Box 13040 Spokane, WA 99213 Oshcosh Airport Products, LLC 3100 North McCarthy Road Appleton, WI 54914 M-B Companies, Inc. 1200 Park Street Chilton, WI 53014 Item + ENGINEER'S ESTIMATE No. item Description Unit I Quantity li Unit Price Amount Unit Price I Amount Unit Price I Amount Unit Price I Amount Unit Price I Amount BID SCHEDULE A 1 Snow Removal Equipment - Snow Blower and Carrier Vehicle EA 1 $800,000 00 $800,000.00 6430.00340 883a29&O9 8456-4999A 54612408,00 $588,176.00 $588,176 00 $0 00 — SUBTOTAL $800,000.00 $530,00000 $95040040 o $588,176.00 $0.00 WASHINGTON STATE SALES TAX 8.2% $65,600.00 $43,46000 54676244040 $48,230.43 $0.00 BID TOTAL $865,600.00 $573,46080 $0242440 $636,406.43 $0.00 ENGINEER'S REPORT AWARD MADE BY CITY MANAGER CITY OF YAKIMA - YAKIMA AIR TERMINAL SNOW REMOVAL EQUIPMENT - SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT A.I.P. NO.: 3-53-0089-39 HLA PROJECT NO,: 17035 i r (1_411,)-, ii • W. r'f Competitive bids were opened on July 20, 2017, All bids have been reviewed by this office. We recommend the contract be awarded to: M-B Companies, Inc. lF1[[[l�• ..L.I ����� Project E gineer Date: iHLA14141111F- lnproxrrrg and Land 5w17+ng, Inc City Manager: Date: Bidder #1 Solid Waste Systems, Inc. NON-RESPONSIVE Bidder #2 Oshkosh Airport Products, LLC NON-RESPONSIVE "Bid results can be found at: www hlacivil.com 'Highlighted amounts have been corrected. Nw., nnw...wrrww.rrrer.u,.rr,wn.