Agenda packet — Hollister City Council, January 17, 2023 (part 5 of 8)

Item D-705 Pipe Underdrains for Airports 468
AASHTO MP20 Standard Specification for Steel-Reinforced Polyethylene (PE) Ribbed Pipe, 300- to 900-mm (12- to 36-in.) diameter
AASHTO Standard Specifications for Highway Bridges
END OF ITEM D-705

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Item D-751 Manholes, Catch Basins, Inlets and Inspection Holes 469 Item D-751 Manholes, Catch Basins, Inlets and Inspection Holes

DESCRIPTION
751-1.1 This item shall consist of construction of manholes, catch basins, inlets, and inspection holes, in accordance with these specifications, at the specified locations and conforming to the lines, grades, and dimensions shown on the plans or required by the RPR.

MATERIALS
751-2.1 Brick. The brick shall conform to the requirements of ASTM C32, Grade MS. 751-2.2 Mortar. Mortar shall consist of one part Portland cement and two parts sand. The cement shall conform to the requirements of ASTM C150, Type I. The sand shall conform to the requirements of ASTM C144.
751-2.3 Concrete. Plain and reinforced concrete used in structures, connections of pipes with structures, and the support of structures or frames shall conform to the requirements of Item P-610. 751-2.4 Precast concrete pipe manhole rings. Precast concrete pipe manhole rings shall conform to the requirements of ASTM C478. Unless otherwise specified, the risers and offset cone sections shall have an inside diameter of not less than 36 inches (90 cm) nor more than 48 inches (120 cm). There shall be a gasket between individual sections and sections cemented together with mortar on the inside of the manhole. Gaskets shall conform to the requirements of ASTM C443. 751-2.5 Corrugated metal. Corrugated metal shall conform to the requirements of American Association of State Highway and Transportation Officials (AASHTO) M36. 751-2.6 Frames, covers, and grates. The castings shall conform to one of the following requirements:
a. ASTM A48, Class 35B: Gray iron castings
b. ASTM A47: Malleable iron castings
c. ASTM A27: Steel castings
d. ASTM A283, Grade D: Structural steel for grates and frames e. ASTM A536, Grade 65-45-12: Ductile iron castings
f. ASTM A897: Austempered ductile iron castings
All castings or structural steel units shall conform to the dimensions shown on the plans and shall be designed to support the loadings, aircraft gear configuration and/or direct loading, specified.

Each frame and cover or grate unit shall be provided with fastening members to prevent it from being dislodged by traffic but which will allow easy removal for access to the structure.

All castings shall be thoroughly cleaned. After fabrication, structural steel units shall be galvanized to meet the requirements of ASTM A123.
751-2.7 Steps. The steps or ladder bars shall be gray or malleable cast iron or galvanized steel. The steps shall be the size, length, and shape shown on the plans and those steps that are not galvanized shall be given a coat of asphalt paint, when directed.

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Item D-751 Manholes, Catch Basins, Inlets and Inspection Holes 470 751-2.8 Precast inlet structures. Manufactured in accordance with and conforming to ASTM C913.

CONSTRUCTION METHODS
751-3.1 Unclassified excavation.
a. The Contractor shall excavate for structures and footings to the lines and grades or elevations, shown on the plans. The excavation shall be of sufficient size to permit the placing of the full width and length of the structure or structure footings shown. The elevations of the bottoms of footings, as shown on the plans, shall be considered as approximately only; and the RPR may direct, in writing, changes in dimensions or elevations of footings necessary for a satisfactory foundation. b. Boulders, logs, or any other objectionable material encountered in excavation shall be removed.

The cost of removal shall be included in the unit price bid for the structure. e. After excavation is completed for each structure, the Contractor shall notify the RPR. No concrete or reinforcing steel shall be placed until the RPR has approved the depth of the excavation and the character of the foundation material.
751-3.2 Brick structures.
a. Foundations. A prepared foundation shall be placed for all brick structures after the foundation excavation is completed and accepted. Unless otherwise specified, the base shall consist of reinforced concrete mixed, prepared, and placed in accordance with the requirements of Item P-610. b. Laying brick. All brick shall be clean and thoroughly wet before laying so that they will not absorb any appreciable amount of additional water at the time they are laid. All brick shall be laid in freshly made mortar. Mortar not used within 45 minutes after water has been added shall be discarded.

Retempering of mortar shall not be permitted. An ample layer of mortar shall be spread on the beds and a shallow furrow shall be made in it that can be readily closed by the laying of the brick. All bed and head joints shall be filled solid with mortar. End joints of stretchers and side or cross joints of headers shall be fully buttered with mortar and a shoved joint made to squeeze out mortar at the top of the joint. Any bricks that may be loosened after the mortar has taken its set, shall be removed, cleaned, and re-laid with fresh mortar. No broken or chipped brick shall be used in the face, and no spalls or bats shall be used except where necessary to shape around irregular openings or edges; in which case, full bricks shall be placed at ends or corners where possible, and the bats shall be used in the interior of the course. In making closures, no piece of brick shorter than the width of a whole brick shall be used; and wherever practicable, whole brick shall be used and laid as headers.
c. Joints. All joints shall be filled with mortar at every course Exterior faces shall be laid up in advance of backing. Exterior faces shall be plastered or parged with a coat of mortar not less than 3/8 inch (9 mm) thick before the backing is laid up. Prior to parging, all joints on the back of face courses shall be A.10.d
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Item D-751 Manholes, Catch Basins, Inlets and Inspection Holes 471 cut flush. Unless otherwise noted, joints shall be not less than 1/4 inch (6 mm) nor more than 1/2 inch (12 mm) wide and the selected joint width shall be maintained uniform throughout the work. d. Pointing. Face joints shall be neatly struck, using the weather-struck joint. All joints shall be finished properly as the laying of the brick progresses. When nails or line pins are used, the holes shall be immediately plugged with mortar and pointed when the nail or pin is removed. e. Cleaning. Upon completion of the work all exterior surfaces shall be thoroughly cleaned by scrubbing and washing with water. If necessary to produce satisfactory results, cleaning shall be done with a 5% solution of muriatic acid which shall then be rinsed off with liberal quantities of water. f. Curing and cold weather protection. The brick masonry shall be protected and kept moist for at least 48 hours after laying the brick. Brick masonry work or pointing shall not be done when there is frost on the brick or when the air temperature is below 50°F (10°C) unless the Contractor has, on the project ready to use, suitable covering and artificial heating devices necessary to keep the atmosphere surrounding the masonry at a temperature of not less than 60°F (16°C) for the duration of the curing period.
751-3.3 Concrete structures. Concrete structures which are to be cast-in-place within the project boundaries shall be built on prepared foundations, conforming to the dimensions and shape indicated on the plans. The construction shall conform to the requirements specified in Item P-610. Any reinforcement required shall be placed as indicated on the plans and shall be approved by the RPR before the concrete is placed.

All invert channels shall be constructed and shaped accurately to be smooth, uniform, and cause minimum resistance to flowing water. The interior bottom shall be sloped to the outlet. 751-3.4 Precast concrete structures. Precast concrete structures shall be furnished by a plant meeting National Precast Concrete Association Plant Certification Program or another RPR approved third party certification program.

Precast concrete structures shall conform to ASTM C478. Precast concrete structures shall be constructed on prepared or previously placed slab foundations conforming to the dimensions and locations shown on the plans. All precast concrete sections necessary to build a completed structure shall be furnished. The different sections shall fit together readily. Joints between precast concrete risers and tops shall be full- bedded in cement mortar and shall: (1) be smoothed to a uniform surface on both interior and exterior of the structure or (2) utilize a rubber gasket per ASTM C443. The top of the upper precast concrete section shall be suitably formed and dimensioned to receive the metal frame and cover or grate, or other cap, as required. Provision shall be made for any connections for lateral pipe, including drops and leads that may be installed in the structure. The flow lines shall be smooth, uniform, and cause minimum resistance to flow. The metal or metal encapsulated steps that are embedded or built into the side walls shall be aligned and placed in accordance to ASTM C478. When a metal ladder replaces the steps, it shall be securely fastened into position.
751-3.5 Corrugated metal structures. Corrugated metal structures shall be prefabricated. All standard or special fittings shall be furnished to provide pipe connections or branches with the correct dimensions and of sufficient length to accommodate connecting bands. The fittings shall be welded in place to the metal structures. The top of the metal structure shall be designed so that either a concrete slab or metal collar may be attached to allow the fastening of a standard metal frame and grate or cover. Steps or ladders shall be furnished as shown on the plans. Corrugated metal structures shall be constructed on prepared foundations, conforming to the dimensions and locations as shown on the plans. When indicated, the structures shall be placed on a reinforced concrete base. 751-3.6 Inlet and outlet pipes. Inlet and outlet pipes shall extend through the walls of the structures a sufficient distance beyond the outside surface to allow for connections. They shall be cut off flush with A.10.d
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Item D-751 Manholes, Catch Basins, Inlets and Inspection Holes 472 the wall on the inside surface of the structure, unless otherwise directed. For concrete or brick structures, mortar shall be placed around these pipes to form a tight, neat connection. 751-3.7 Placement and treatment of castings, frames, and fittings. All castings, frames, and fittings shall be placed in the positions indicated on the plans or as directed by the RPR, and shall be set true to line and elevation. If frames or fittings are to be set in concrete or cement mortar, all anchors or bolts shall be in place before the concrete or mortar is placed. The unit shall not be disturbed until the mortar or concrete has set.

When frames or fittings are placed on previously constructed masonry, the bearing surface of the masonry shall be brought true to line and grade and shall present an even bearing surface so the entire face or back of the unit will come in contact with the masonry. The unit shall be set in mortar beds and anchored to the masonry as indicated on the plans or as directed by the RPR. All units shall set firm and secure.

After the frames or fittings have been set in final position, the concrete or mortar shall be allowed to harden for seven (7) days before the grates or covers are placed and fastened down. 751-3.8 Installation of steps. The steps shall be installed as indicated on the plans or as directed by the RPR. When the steps are to be set in concrete, they shall be placed and secured in position before the concrete is placed. When the steps are installed in brick masonry, they shall be placed as the masonry is being built. The steps shall not be disturbed or used until the concrete or mortar has hardened for at least seven (7) days. After seven (7) days, the steps shall be cleaned and painted, unless they have been galvanized.

When steps are required with precast concrete structures they shall meet the requirements of ASTM C478. The steps shall be cast into the side of the sections at the time the sections are manufactured or set in place after the structure is erected by drilling holes in the concrete and cementing the steps in place.

When steps are required with corrugated metal structures, they shall be welded into aligned position at a vertical spacing of 12 inches (300 mm).

Instead of steps, prefabricated ladders may be installed. For brick or concrete structures, the ladder shall be held in place by grouting the supports in drilled holes. For metal structures, the ladder shall be secured by welding the top support to the structure and grouting the bottom support into drilled holes in the foundation or as directed by the RPR.
751-3.9 Backfilling.
a. After a structure has been completed, the area around it shall be backfilled with approved material, in horizontal layers not to exceed 8 inches (200 mm) in loose depth, and compacted to the density required in Item P-152. Each layer shall be deposited evenly around the structure to approximately the same elevation. The top of the fill shall meet the elevation shown on the plans or as directed by the RPR. b. Backfill shall not be placed against any structure until approved by the RPR. For concrete structures, approval shall not be given until the concrete has been in place seven (7) days, or until tests establish that the concrete has attained sufficient strength to withstand any pressure created by the backfill and placing methods.
c. Backfill shall not be measured for direct payment. Performance of this work shall be considered an obligation of the Contractor covered under the contract unit price for the structure involved. 751-3.10 Cleaning and restoration of site. After the backfill is completed, the Contractor shall dispose of all surplus material, dirt, and rubbish from the site. Surplus dirt may be deposited in embankments, shoulders, or as approved by the RPR. The Contractor shall restore all disturbed areas to their original condition. The Contractor shall remove all tools and equipment, leaving the entire site free, clear, and in good condition.

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Item D-751 Manholes, Catch Basins, Inlets and Inspection Holes 473

METHOD OF MEASUREMENT
751-4.1 Manholes, catch basins, inlets, inlet apron, and inspection holes shall be measured by the unit.

BASIS OF PAYMENT
751-5.1 The accepted quantities of manholes, catch basins, inlets, inlet apron, and inspection holes will be paid for at the contract unit price per each in place when completed. This price shall be full compensation for furnishing all materials and for all preparation, excavation, backfilling and placing of the materials; furnishing and installation of such specials and connections to pipes and other structures as may be required to complete the item as shown on the plans; and for all labor equipment, tools and incidentals necessary to complete the structure.

Payment will be made under:

Item D-751-5.1a Aircraft Rated Manhole - per each
Item D-751-5.1b Storm Drain Manhole - per each
Item D-751-5.2 Catch Basins - per each
Item D-751-5.3 Concrete Inlet Apron - per each

REFERENCES
The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

ASTM International (ASTM)
ASTM A27 Standard Specification for Steel Castings, Carbon, for General Application
ASTM A47 Standard Specification for Ferritic Malleable Iron Castings ASTM A48 Standard Specification for Gray Iron Castings
ASTM A123 Standard Specification for Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products
ASTM A283 Standard Specification for Low and Intermediate Tensile Strength Carbon Steel Plates
ASTM A536 Standard Specification for Ductile Iron Castings ASTM A897 Standard Specification for Austempered Ductile Iron Castings ASTM C32 Standard Specification for Sewer and Manhole Brick (Made from Clay or Shale)
ASTM C144 Standard Specification for Aggregate for Masonry Mortar ASTM C150 Standard Specification for Portland Cement
ASTM C443 Standard Specification for Joints for Concrete Pipe and Manholes, Using Rubber Gaskets.

ASTM C478 Standard Specification for Precast Reinforced Concrete Manhole Sections
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Item D-751 Manholes, Catch Basins, Inlets and Inspection Holes 474 ASTM C913 Standard Specification for Precast Concrete Water and Wastewater Structures.

American Association of State Highway and Transportation Officials (AASHTO) AASHTO M36 Standard Specification for Corrugated Steel Pipe, Metallic-Coated, for Sewers and Drains
END OF ITEM D-751

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Item D-752 Concrete Culverts, Headwalls, and Miscellaneous Drainage Structures 475 Item D-752 Concrete Culverts, Headwalls, and Miscellaneous Drainage Structures

DESCRIPTION
752-1.1 This item shall consist of reinforced concrete culverts, headwalls, and miscellaneous drainage structures constructed in accordance with these specifications, at the specified locations and conforming to the lines, grades, and dimensions shown on the plans or required by the RPR.

MATERIALS
752-2.1 Concrete. Reinforced concrete shall meet the requirements of Item P-610.

CONSTRUCTION METHODS
752-3.1 Unclassified excavation.
a. Trenches and foundation pits for structures or structure footings shall be excavated to the lines and grades and elevations shown on the plans. The excavation shall be of sufficient size to permit the placing of the full width and length of the structure or structure footings shown. The elevations of the bottoms of footings, as shown on the plans, shall be considered as approximate only; and the RPR may approve, in writing, changes in dimensions or elevations of footings necessary to secure a satisfactory foundation. b. Boulders, logs, or any other objectionable material encountered in excavation shall be removed.

All rock or other hard foundation material shall be cleaned of all loose material and cut to a firm surface either level, stepped, or serrated, as directed by the RPR. All seams or crevices shall be cleaned out and grouted. All loose and disintegrated rock and thin strata shall be removed. When concrete will rest on a surface other than rock, the bottom of the excavation shall not be disturbed and excavation to final grade shall not be made until immediately before the concrete or reinforcing steel is placed. c. The Contractor shall do all bracing, sheathing, or shoring necessary to perform and protect the excavation and the structure as required for safety or conformance to governing laws. The cost of bracing, sheathing, or shoring shall be included in the unit price bid for excavation. d. All bracing, sheathing, or shoring shall be removed by the Contractor after the completion of the structure. Removal shall not disturb or damage the finished concrete. The cost of removal shall be included in the unit price bid for excavation.
e. After each excavation is completed, the Contractor shall notify the RPR. No concrete or reinforcing steel shall be placed until the RPR has approved the depth of the excavation and the character of the foundation material.
752-3.2 Backfilling.
a. After a structure has been completed, backfilling with approved material shall be accomplished by applying the fill in horizontal layers not to exceed 8 inches (200 mm) in loose depth, and compacted. The field density of the compacted material shall be at least 90% of the maximum density for cohesive soils and 95% of the maximum density for noncohesive soils. The maximum density shall be determined in accordance with ASTM D698. The field density shall be determined in accordance with ASTM D1556.

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Item D-752 Concrete Culverts, Headwalls, and Miscellaneous Drainage Structures 476 b. No backfilling shall be placed against any structure until approved by the RPR. For concrete, approval shall not be given until the concrete has been in place seven (7) days, or until tests establish that the concrete has attained sufficient strength to withstand any pressure created by the backfill or the placement methods.
c. Fill placed around concrete culverts shall be deposited on each side at the same time and to approximately the same elevation. All slopes bounding or within the areas to be backfilled shall be stepped or serrated to prevent wedge action against the structure. d. Backfill will not be measured for direct payment. Performance of this work shall be considered as a subsidiary obligation of the Contractor, covered under the contract unit price for “unclassified excavation for structures.”
752-3.3 Weep holes. Weep holes shall be constructed as shown on the plans. 752-3.4 Cleaning and restoration of site. After the backfill is completed, the Contractor shall dispose of all surplus material, dirt, and rubbish from the site. Surplus dirt may be deposited in embankment, shoulders, or as approved by the RPR. The Contractor shall restore all disturbed areas to their original condition. The Contractor shall remove all tools and equipment, leaving the entire site free, clear, and in good condition.
752-3.5 Grouted Riprap. Grouted rip-rap shall consist of furnishing and placing crushed stone, with grout, and underlain with filter material of granular filter blankets or erosion control geosynthetic fabric.

The depth and type of riprap shall be: 12-inches deep with D50 = 6”. 752-3.5.1 Riprap Properties. Aggregate used for rip rap shall be color-matched with adjacent landscape aggregate. The Contractor shall provide the Engineer, in writing, material information and the source location at least 10 days prior to use of the material unless the material is currently acceptable for use as determined by the Engineer. Waste or sacked concrete shall not be permitted for use as riprap. Riprap material shall have the following physical properties:
(A) The maximum aggregate size shall be 150% of the indicated D50 size and the minimum aggregate size shall be 50% of the indicated D50 size.
(B) Aggregate shall be angular and shall not exceed 3:1 ratio for flat and/or elongated pieces when determined by ASTM D4791. Rounded aggregate shall only be allowed when specified or approved by the Engineer.
(C) The loss by abrasion in the Los Angeles Abrasion Machine, determined as prescribed in ASTM C535, shall not exceed 40 percent (by weight) after 1000 revolutions. 752-3.5.2 Erosion Control Geosynthetic Properties. Erosion control fabrics shall be a woven monofilament fabric or a nonwoven fabric consisting only of long chain polymeric filaments such as polypropylene or polyester formed into a stable network that the filaments retain their relative position to each other. The fabric material shall additionally conform to the physical properties shown in the table below:

Property Class A Test Method
Grab tensile strength: lbs. 270 min. ASTM D4632
Elongation at break: % 45min., 115 max. ASTM D4632
Puncture strength: lbs. 110 min ASTM D4833
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Item D-752 Concrete Culverts, Headwalls, and Miscellaneous Drainage Structures 477 Burst strength: psi 430 min. ASTM D3786
Trapezoidal tear: lbs 75 min. ASTM D4533
Permittivity: second-1 0.07 min.

Apparent opening size: US
Standard sieve size
30 – 140 ASTM D4751
Ultraviolet Stability: % 70 min. ASTM D4355

752-3.5.3 Placement.
a. Fabric Placement. Fabric shall be placed at the locations shown on the project plans. The Contractor shall provide a surface free of obstructions, depressions, debris, and soft yielding surfaces prior to the placement of fabric. The fabric shall be loosely laid (not in a stretched condition), aligned and placed with no fold over wrinkles. The fabric shall be placed to provide a minimum 24-inch of overlap for each joint. On horizontal joints, the uphill fabric shall overlap the downhill fabric. On vertical joints, the upstream fabric shall overlap the downstream fabric. Bedding material shall be placed uniformly on the fabric to the depth specified on the plans and shall be free of mounds, dips, and windrows. Bedding material shall not be compacted.
b. Riprap Placement. Riprap shall be carefully placed on filter material consisting of a granular filter blanket or the bedding material on erosion control geosynthetic fabric. Placement shall not damage the underlying filter blanket or geosynthetic fabric. If the Engineer determines that the placement of stone has damaged or displaced the filter material to the extent that it cannot function as intended, the Contractor, at his expense, shall remove the placed riprap stone and properly correct the damage to, and/or the displacement of, the filter material. Such correction may include the removal of the filter material, re-grading the affected area, and subsequent replacement of the filter material and riprap stone as required by the Engineer.
i) Non-grouted Riprap. Riprap shall be placed in a manner which will produce a dense, reasonably well-graded mass without segregation and with a minimum amount of voids. The larger stone shall be evenly distributed through the riprap mass. The individual placement of larger riprap stones may be required to obtain a uniform distribution of stone size. The riprap placement shall be supplemented by such hand methods as are required to obtain a uniform finished surface. Allowable tolerance from the slope lines and grades shown for the finished riprap surfaces shall not exceed a distance equal to 1/3 of the nominal D50 size above or below the design surfaces. The final surface elevations shall be lower than any adjacent apron or pipe invert elevations and shall not obstruct the operation of adjacent structures. The flow line within riprap shall provide positive drainage with minimal ponding. Individual stones shall depress below the finished grades no lower than a distance equal to 1/2 of the nominal D50 size. Special care shall be exercised in placing riprap within 3 feet of structures to avoid damage to such structures.
ii) Grouted Riprap. Riprap ashall be place as specified in 752-3.5.3b.i) above, excluding the use of filter material and secure in place with Portland cement grout meeting the requirements of the table below. Grout shall be placed to a 12-inch depth minimum but in no case less than 70 percent of the depth of riprap. Consolidate grout into place with suitable spades, trowels or other approved means to provide a dense stone and mortar layer with all voids and interstices filled. After grout has been placed, the rocks shall be thoroughly brushed so that their top surfaces are exposed. If required, use A.10.d
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Item D-752 Concrete Culverts, Headwalls, and Miscellaneous Drainage Structures 478 water pressure to clean stone faces after the mortar has achieved sufficient strength. The outer rocks shall project 1/3 to 1/4 their diameter above the grouted surface.

Minimum Cementitious
Material (lbs)
Maximum W/CM
Ratio
Slump (in) Air Content (%)
850 0.6 9 +/-2 0 % -8 %
The cementitious materials shall meet the requirements of section 610-2.4 “Cement”. Up to 25 percent by weight of the minimum cementitious materials requirements may be an approved fly ash or natural pozzolan. The aggregates shall meet the applicable requirements of ASTM C33, #8 (3/8”) coarse aggregate grading and fine aggregate (sand) grading. All Ready Mixed Grout volume calculations shall be based on "absolute volume" with the total volume per cubic yard equal to 27 cubic feet.

Coarse aggregate volume shall be a maximum of 35% of the total aggregates volume. All mixing shall be in accordance with the applicable requirements of section 610-3.8.

The amount of slump shall be the minimum amount needed to permit gravity flow into the interstices with limited spading and brooming. The consistency of the grout shall be as approved by the Engineer. 752-3.6 Post Construction Inspection. Formwork is to be fully removed, without exception, to allow for inspection and if needed repair of any voids and or concrete consolidation issues below the frame, trench walls and invert. Grate and grate retainer inspection shall be performed to ensure that all grates and retainers are installed and are properly seated in place.

METHOD OF MEASUREMENT
752-4.1 The Concrete flared ends shall be measured by the number of concrete headwalls each. 752-4.2 Concrete shall be measured by the number of cubic yards (cubic meters) of concrete, complete in place and accepted. In computing the yardage of concrete for payment, the dimensions used shall be those shown on the plans or approved by the RPR. No measurements or other allowances shall be made for forms, false work, cofferdams, pumping, bracing, expansion joints, or finishing of the concrete. No deductions in yardage shall be made for the volumes of reinforcing steel or embedded items. 752-4.3 The quantity of reinforcing steel shall be the calculated theoretical number of pounds (km) placed as shown on the plans, complete in place and accepted. The unit weight used for deformed bars shall be the weight of plain square or round bars, as the case may be, of equal nominal size.

BASIS OF PAYMENT
752-5.1 Payment will be made at the contract unit price per concrete flared end; for the accepted complete in-place riprap construction at the contract unit price. Riprap construction shall include excavation, ground surface preparation, erosion control geosynthetic fabric (if used for the project), bedding material, riprap stone, grout (if used for the project) and backfilling. These prices shall be full compensation for furnishing all materials and for all preparation, excavation, and placing the materials, and for all labor, equipment, tools, and incidentals necessary to complete the structure.

Payment will be made under:

Item D-752-5.1 Concrete Flared End – per each
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Item D-752 Concrete Culverts, Headwalls, and Miscellaneous Drainage Structures 479

REFERENCES
The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

ASTM International (ASTM)
ASTM D698 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lb/ft3 (600 kN-m/m3)) ASTM D1556 Standard Test Method for Density and Unit Weight of Soil in Place by the Sand-Cone Method
END OF ITEM D-752
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Item D-752 Concrete Culverts, Headwalls, and Miscellaneous Drainage Structures 480 Page Intentionally Blank

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Item D-754 Concrete Gutters, Ditches, and Flumes 481
Item D-754 Concrete Gutters, Ditches, and Flumes

NOT USED
END OF ITEM D-754

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Item T-901 Seeding 482
Part 12 – Turfing
Item T-901 Seeding

DESCRIPTION
901-1.1 This item shall consist of soil preparation, hydro-seeding the areas shown on the plans or as directed by the RPR in accordance with these specifications.

MATERIALS
901-2.1 Seed. The species and application rates of grass, legume, and cover-crop seed furnished shall be those stipulated herein. Seed shall conform to the requirements of Federal Specification JJJ-S-181, Federal Specification, Seeds, Agricultural.

Seed shall be furnished separately or in mixtures in standard containers labeled in conformance with the Agricultural Marketing Service (AMS) Seed Act and applicable state seed laws with the seed name, lot number, net weight, percentages of purity and of germination and hard seed, and percentage of maximum weed seed content clearly marked for each kind of seed. The Contractor shall furnish the RPR duplicate signed copies of a statement by the vendor certifying that each lot of seed has been tested by a recognized laboratory for seed testing within six (6) months of date of delivery. This statement shall include: name and address of laboratory, date of test, lot number for each kind of seed, and the results of tests as to name, percentages of purity and of germination, and percentage of weed content for each kind of seed furnished, and, in case of a mixture, the proportions of each kind of seed. Wet, moldy, or otherwise damaged seed will be rejected.

Seeds shall be applied as follows:

Seed Properties and Rate of Application
Seed Minimum Seed
Purity (Percent)
Minimum
Germination
(Percent)
Rate of Application lb/acre
(or lb/1,000 S.F.)
Common
Bermuda 50 70 180 lbs/acre
Seeding shall be performed during the period between November and April inclusive, unless otherwise approved by the RPR.
901-2.2 Fiber. Fiber shall be produced from natural or recycled (pulp) fiber, such as woodchips or similar wood materials or from newsprint, chipboard, corrugated cardboard or a combination of these processed materials, and shall be free of synthetic or plastic materials. Fiber shall not contain more than 7 percent ash as determined by the Technical Association of the Pulp and Paper Industry (TAPPI) Standard T 413, shall contain less than 250 parts per million boron and shall be otherwise nontoxic to plant or animal life.

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Item T-901 Seeding 483
Fiber shall have a water-holding capacity by weight of not less than 1200 percent as determined by the procedure designated in the Department's Final Report, CA-DOT-TL-2176-1-76-36, "Water-Holding Capacity for Hydromulch," available at the Transportation Laboratory. Fiber shall be of such character that the fiber will disperse into uniform slurry when mixed with water. Water content of the fiber before mixing into slurry shall not exceed 15 percent of the dry weight of the fiber. The percentage of water in the fiber shall be determined by California Test 226. Fiber shall have the moisture content of the fiber marked on the package. Fiber shall be colored to contrast with the area on which the fiber is to be applied, and shall not stain concrete or painted surfaces. A Certificate of Compliance for fiber shall be furnished to the Engineer in conformance with the provisions in Caltrans Standard Specification Section 6-1.07, "Certificates of Compliance." required.
901-2.3 Fertilizer. Fertilizer shall be standard commercial fertilizers supplied separately or in mixtures containing the percentages of total nitrogen, available phosphoric acid, and water-soluble potash. They shall be applied at the rate and to the depth specified, and shall meet the requirements of applicable state laws. They shall be furnished in standard containers with name, weight, and guaranteed analysis of contents clearly marked thereon. No cyanamide compounds or hydrated lime shall be permitted in mixed fertilizers.

The fertilizers may be supplied in one of the following forms:
a. A dry, free-flowing fertilizer suitable for application by a common fertilizer spreader; b. A finely-ground fertilizer soluble in water, suitable for application by power sprayers; or c. A granular or pellet form suitable for application by blower equipment.

Fertilizers shall be commercial fertilizer and shall be spread at the min rate of 200 lbs per acre. 901-2.4 Soil for repairs. The soil for fill and topsoiling of areas to be repaired shall be at least of equal quality to that which exists in areas adjacent to the area to be repaired. The soil shall be relatively free from large stones, roots, stumps, or other materials that will interfere with subsequent sowing of seed, compacting, and establishing turf, and shall be approved by the RPR before being placed.

CONSTRUCTION METHODS
901-3.1 Advance preparation and cleanup. After grading of areas has been completed and before applying fertilizer and ground limestone, areas to be seeded shall be raked or otherwise cleared of stones larger than 2 inches (50 mm) in any diameter, sticks, stumps, and other debris that might interfere with sowing of seed, growth of grasses, or subsequent maintenance of grass-covered areas. If any damage by erosion or other causes has occurred after the completion of grading and before beginning the application of fertilizer and ground limestone, the Contractor shall repair such damage include filling gullies, smoothing irregularities, and repairing other incidental damage.

An area to be seeded shall be considered a satisfactory seedbed without additional treatment if it has recently been thoroughly loosened and worked to a depth of not less than 5 inches (125 mm) as a result of grading operations and, if immediately prior to seeding, the top 3 inches (75 mm) of soil is loose, friable, reasonably free from large clods, rocks, large roots, or other undesirable matter, and if shaped to the required grade.

When the area to be seeded is sparsely sodded, weedy, barren and unworked, or packed and hard, any grass and weeds shall first be cut or otherwise satisfactorily disposed of, and the soil then scarified or otherwise loosened to a depth not less than 5 inches (125 mm). Clods shall be broken and the top 3 inches (75 mm) of soil shall be worked into a satisfactory seedbed by discing, or by use of cultipackers, rollers, drags, harrows, or other appropriate means.

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Item T-901 Seeding 484
901-3.2 Dry application method.
a. Not Used.
901-3.3 Wet application method.
a. General. The Contractor may elect to apply seed, commercial fertilizer, stabilizing emulsion, and other materials, or any combination thereof, with fiber and water(and lime, if required) by spraying them on the previously prepared seedbed in the form of an aqueous mixture and by using the methods and equipment described herein. The rates of application shall be as follows:

Table 1
Material Rate
Seed – Common Bermuda 180 lbs/acre
Fiber 525 lbs/acre
Soil binder (starch) 150 lbs/acre
Fertilizer (to be confirmed by soil
test) 200 lbs/acre

b. Spraying equipment. The spraying equipment shall have a container or water tank equipped with a liquid level gauge calibrated to read in increments not larger than 50 gallons (190 liters) over the entire range of the tank capacity, mounted so as to be visible to the nozzle operator. The container or tank shall also be equipped with a mechanical power-driven agitator capable of keeping all the solids in the mixture in complete suspension at all times until used.

The unit shall also be equipped with a pressure pump capable of delivering 100 gallons (380 liters) per minute at a pressure of 100 lb / sq inches (690 kPa). The pump shall be mounted in a line that will recirculate the mixture through the tank whenever it is not being sprayed from the nozzle. All pump passages and pipe lines shall be capable of providing clearance for 5/8 inch (16 mm) solids. The power unit for the pump and agitator shall have controls mounted so as to be accessible to the nozzle operator.

There shall be an indicating pressure gauge connected and mounted immediately at the back of the nozzle.

The nozzle pipe shall be mounted on an elevated supporting stand in such a manner that it can be rotated through 360 degrees horizontally and inclined vertically from at least 20 degrees below to at least 60 degrees above the horizontal. There shall be a quick-acting, three-way control valve connecting the recirculating line to the nozzle pipe and mounted so that the nozzle operator can control and regulate the amount of flow of mixture delivered to the nozzle. At least three different types of nozzles shall be supplied so that mixtures may be properly sprayed over distance varying from 20 to 100 feet (6 to 30 m).

One shall be a close-range ribbon nozzle, one a medium-range ribbon nozzle, and one a long-range jet nozzle. For case of removal and cleaning, all nozzles shall be connected to the nozzle pipe by means of quick-release couplings.

In order to reach areas inaccessible to the regular equipment, an extension hose at least 50 feet (15 m) in length shall be provided to which the nozzles may be connected.

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Item T-901 Seeding 485
c. Mixtures. Lime, if required, shall be applied separately, in the quantity specified, prior to the fertilizing and seeding operations. Not more than 220 pounds (100 kg) of lime shall be added to and mixed with each 100 gallons (380 liters) of water. Seed and fertilizer shall be mixed together in the relative proportions specified, but not more than a total of 220 pounds (100 kg) of these combined solids shall be added to and mixed with each 100 gallons (380 liters) of water.

All water used shall be obtained from fresh water sources and shall be free from injurious chemicals and other toxic substances harmful to plant life. The Contractor shall identify to the RPR all sources of water at least two (2) weeks prior to use. The RPR may take samples of the water at the source or from the tank at any time and have a laboratory test the samples for chemical and saline content. The Contractor shall not use any water from any source that is disapproved by the RPR following such tests.

All mixtures shall be constantly agitated from the time they are mixed until they are finally applied to the seedbed. All such mixtures shall be used within two (2) hours from the time they were mixed or they shall be wasted and disposed of at approved locations.
d. Spraying. Lime, if required, shall be sprayed only upon previously prepared seedbeds. After the applied lime mixture has dried, the lime shall be worked into the top 3 inches (75 mm), after which the seedbed shall again be properly graded and dressed to a smooth finish.

Mixtures of seed and fertilizer shall only be sprayed upon previously prepared seedbeds on which the lime, if required, shall already have been worked in. The mixtures shall be applied by means of a high- pressure spray that shall always be directed upward into the air so that the mixtures will fall to the ground like rain in a uniform spray. Nozzles or sprays shall never be directed toward the ground in such a manner as might produce erosion or runoff.

Particular care shall be exercised to ensure that the application is made uniformly and at the prescribed rate and to guard against misses and overlapped areas. Proper predetermined quantities of the mixture in accordance with specifications shall be used to cover specified sections of known area.

Checks on the rate and uniformity of application may be made by observing the degree of wetting of the ground or by distributing test sheets of paper or pans over the area at intervals and observing the quantity of material deposited thereon.

On surfaces that are to be mulched as indicated by the plans or designated by the RPR, seed and fertilizer applied by the spray method need not be raked into the soil or rolled. However, on surfaces on which mulch is not to be used, the raking and rolling operations will be required after the soil has dried. 901-3.4 Maintenance of seeded areas. The Contractor shall protect seeded areas against traffic or other use by warning signs or barricades, as approved by the RPR. Surfaces gullied or otherwise damaged following seeding shall be repaired by regrading and reseeding as directed. The Contractor shall mow, water as directed, and otherwise maintain seeded areas in a satisfactory condition until final inspection and acceptance of the work.

When either the dry or wet application method outlined above is used for work done out of season, it will be required that the Contractor establish a good stand of grass of uniform color and density to the satisfaction of the RPR. A grass stand shall be considered adequate when bare spots are one square foot (0.01 sq m) or less, randomly dispersed, and do not exceed 3% of the area seeded.

METHOD OF MEASUREMENT
901-4.1 The quantity of seeding to be paid for shall be the number of units acres (sq m) measured on the ground surface, completed and accepted.

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Item T-901 Seeding 486

BASIS OF PAYMENT
901-5.1 Payment shall be made at the contract unit price per square yard (sq m) or fraction thereof, which price and payment shall be full compensation for furnishing and placing all material and for all labor, equipment, tools, and incidentals necessary to complete the work prescribed in this item.

Payment will be made under:

Item 901-5.1 Erosion Control Hydro-Seeding - per square yard

REFERENCES
The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

ASTM International (ASTM)
ASTM C602 Standard Specification for Agricultural Liming Materials Federal Specifications (FED SPEC)
FED SPEC JJJ-S-181, Federal Specification, Seeds, Agricultural Advisory Circulars (AC)
AC 150/5200-33 Hazardous Wildlife Attractants on or Near Airports FAA/United States Department of Agriculture
Wildlife Hazard Management at Airports, A Manual for Airport Personnel END OF ITEM T-901
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Item T-901 Seeding 487
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Item T-903 Sprigging 488
Item T-903 Sprigging

NOT USED
END OF ITEM T-903
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Item T-903 Sprigging 489
Page Intentionally Blank

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Item T-904 Sodding 490
Item T-904 Sodding

NOT USED
END OF ITEM T-904
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Item T-904 Sodding 491
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Item T-905 Topsoil 492
Item T-905 Topsoil

DESCRIPTION
905-1.1 This item shall consist of preparing the ground surface for topsoil application, removing topsoil from designated stockpiles or areas to be stripped on the site or from approved sources off the site, and placing and spreading the topsoil on prepared areas in accordance with this specification at the locations shown on the plans or as directed by the RPR.

MATERIALS
905-2.1 Topsoil. Topsoil shall be the surface layer of soil with no admixture of refuse or any material toxic to plant growth, and it shall be reasonably free from subsoil and stumps, roots, brush, stones (2 inches (50 mm) or more in diameter), and clay lumps or similar objects. Brush and other vegetation that will not be incorporated with the soil during handling operations shall be cut and removed. Ordinary sod and herbaceous growth such as grass and weeds are not to be removed, but shall be thoroughly broken up and intermixed with the soil during handling operations. Heavy sod or other cover, which cannot be incorporated into the topsoil by discing or other means, shall be removed. The topsoil or soil mixture, unless otherwise specified or approved, shall have a pH range of approximately 5.5 pH to 7.6 pH, when tested in accordance with the methods of testing of the Association of Official Agricultural Chemists in effect on the date of invitation of bids. The organic content shall be not less than 3% nor more than 20% as determined by the wet-combustion method (chromic acid reduction). There shall be not less than 20% nor more than 80% of the material passing the 200 mesh (75 µm) sieve as determined by the wash test in accordance with ASTM C117.

Natural topsoil may be amended by the Contractor with approved materials and methods to meet the above specifications.
905-2.2 Inspection and tests. Within 10 days following acceptance of the bid, the RPR shall be notified of the source of topsoil to be furnished by the Contractor. The topsoil shall be inspected to determine if the selected soil meets the requirements specified and to determine the depth to which stripping will be permitted. At this time, the Contractor may be required to take representative soil samples from several locations within the area under consideration and to the proposed stripping depths, for testing purposes as specified in paragraph 905-2.1.

CONSTRUCTION METHODS
905-3.1 General. Areas to be topsoiled shall be shown on the plans. If topsoil is available on the site, the location of the stockpiles or areas to be stripped of topsoil and the stripping depths shall be shown on the plans.

Suitable equipment necessary for proper preparation and treatment of the ground surface, stripping of topsoil, and for the handling and placing of all required materials shall be on hand, in good condition, and approved by the RPR before the various operations are started.

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Item T-905 Topsoil 493
905-3.2 Preparing the ground surface. Immediately prior to dumping and spreading the topsoil on any area, the surface shall be loosened by discs or spike-tooth harrows, or by other means approved by the RPR, to a minimum depth of 2 inches (50 mm) to facilitate bonding of the topsoil to the covered subgrade soil. The surface of the area to be topsoiled shall be cleared of all stones larger than 2 inches (50 mm) in any diameter and all litter or other material which may be detrimental to proper bonding, the rise of capillary moisture, or the proper growth of the desired planting. Limited areas, as shown on the plans, which are too compact to respond to these operations shall receive special scarification.

Grades on the area to be topsoiled, which have been established by others as shown on the plans, shall be maintained in a true and even condition. Where grades have not been established, the areas shall be smooth-graded and the surface left at the prescribed grades in an even and compacted condition to prevent the formation of low places or pockets where water will stand. 905-3.3 Obtaining topsoil. Prior to the stripping of topsoil from designated areas, any vegetation, briars, stumps and large roots, rubbish or stones found on such areas, which may interfere with subsequent operations, shall be removed using methods approved by the RPR. Heavy sod or other cover, which cannot be incorporated into the topsoil by discing or other means shall be removed.

When suitable topsoil is available on the site, the Contractor shall remove this material from the designated areas and to the depth as shown on the plans. The topsoil shall be spread on areas already tilled and smooth-graded, or stockpiled in areas approved by the RPR. Any topsoil stockpiled by the Contractor shall be rehandled and placed without additional compensation. Any topsoil that has been stockpiled on the site by others, and is required for topsoil purposes, shall be removed and placed by the Contractor.

The sites of all stockpiles and areas adjacent thereto which have been disturbed by the Contractor shall be graded if required and put into a condition acceptable for seeding.

When suitable topsoil is secured off the airport site, the Contractor shall locate and obtain the supply, subject to the approval of the RPR. The Contractor shall notify the RPR sufficiently in advance of operations in order that necessary measurements and tests can be made. The Contractor shall remove the topsoil from approved areas and to the depth as directed. The topsoil shall be hauled to the site of the work and placed for spreading, or spread as required. Any topsoil hauled to the site of the work and stockpiled shall be rehandled and placed without additional compensation. 905-3.4 Placing topsoil. The topsoil shall be evenly spread on the prepared areas to a uniform depth of 2 inches (50 mm) after compaction, unless otherwise shown on the plans or stated in the special provisions.

Spreading shall not be done when the ground or topsoil is frozen, excessively wet, or otherwise in a condition detrimental to the work. Spreading shall be carried on so that turfing operations can proceed with a minimum of soil preparation or tilling.

After spreading, any large, stiff clods and hard lumps shall be broken with a pulverizer or by other effective means, and all stones or rocks (2 inches (50 mm) or more in diameter), roots, litter, or any foreign matter shall be raked up and disposed of by the Contractor. after spreading is completed, the topsoil shall be satisfactorily compacted by rolling with a cultipacker or by other means approved by the RPR. The compacted topsoil surface shall conform to the required lines, grades, and cross-sections. Any topsoil or other dirt falling upon pavements as a result of hauling or handling of topsoil shall be promptly removed.

METHOD OF MEASUREMENT
905-4.1 Topsoil obtained on the site shall be measured by the number of square yards (square meters) of topsoil measured in its original position and stripped or excavated and reused. Topsoil shall be measured by area in square yards (square meters).

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Item T-905 Topsoil 494
905-4.2 Topsoil obtained off the site shall be measured by the number of cubic yards (cubic meters) of topsoil measured in its original position and stripped or excavated. Topsoil shall be measured by volume in cubic yards (meters) computed by the method of end areas.

BASIS OF PAYMENT
905-5.1 Payment will be made at the contract unit price per square yard (square meter) for topsoil (obtained on the site). This price shall be full compensation for furnishing all materials and for all preparation, placing, and spreading of the materials, and for all labor, equipment, tools, and incidentals necessary to complete the item.
905-5.2 Payment will be made at the contract unit price per square yard (square meter) for topsoil (obtained off the site). This price shall be full compensation for furnishing all materials and for all preparation, placing, and spreading of the materials, and for all labor, equipment, tools, and incidentals necessary to complete the item.

Payment will be made under:

Item T-905-5.1 Topsoil (Obtained on Site or Removed from Stockpile - per cubic yard (cubic meter)
Item T-905-5.2 Topsoil (Furnished from Off the Site) - not used.

REFERENCES
The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

ASTM International (ASTM)
ASTM C117 Materials Finer than 75 µm (No. 200) Sieve in Mineral Aggregates by Washing
Advisory Circulars (AC)
AC 150/5200-33 Hazardous Wildlife Attractants on or Near Airports FAA/United States Department of Agriculture
Wildlife Hazard Management at Airports, A Manual for Airport Personnel END OF ITEM T-905

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Item T-905 Topsoil 495
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Item T-908 Mulching 496
Item T-908 Mulching

NOT USED
END OF ITEM T-908

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Item T-908 Mulching 497
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Item L-100 General Electrical Requirements 498
Part 13 – Lighting Installation
ITEM L-100 ELECTRICAL GENERAL REQUIREMENTS

DESCRIPTION
100-1.1 SCOPE. This Item includes the requirements for demolition and removal of existing airfield electrical equipment and facilities for all areas within the limits of construction as provided in these specifications, as shown on the Plans, as required by the Engineer, and as necessary to complete the Work.:
a. The demolition/removal of portions of the existing airfield lighting systems and existing constant current regulator.

Installation shall be in accordance with Specifications FAA-C-1217 and FAA-C-1391, except as specified herein. Perform all work not included in the FAA Specifications in accordance with the National Electrical Code, applicable local and Hollister Municipal Airport (CVH) standards and regulations.
b. The relocation and reconnection of the Automated Weather Observation System feeder. (1) Installation shall be in accordance with National Electrical Code, applicable local and Hollister Municipal Airport (CVH) standards and regulations.

100-1.2 RELATED DOCUMENTS. The General Provisions of the Contract, including General and Special Conditions, apply to work specified in this Item. a. See 060 SUPPLEMENTAL CONDITIONS for liquidated damages and the sequence of construction.
b. See Item P-151, Clearing and Grubbing for specifics of demolition and adjustment of existing facilities.
c. Conflicts between Drawing and Specifications (Contract Documents ) and between Contract Documents and references within the Contract Documents: Prospective Contractors shall, as part of their proposals, enumerate, identify and list conflicts they find to exist within the Contract Documents, and between these Documents and the rules, regulations, standards and codes of the authority having jurisdiction (Aviation Department, City, County, etc.), local Utility companies and local, County or State governing bodies.
100-1.3 SPECIFICATIONS AND STANDARDS. As a supplement to the installation requirements of this item, the following standard specifications and regulations of the issues in effect on the date of this solicitation are incorporated herein by reference and are made a part hereof for electrical work and installation and splicing of underground cables.

NEC The latest adopted edition of the
National Electrical Code
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Item L-100 General Electrical Requirements 499
FAA-STD-019 Lightning Protection, Grounding,
Bonding and Shielding Requirements
for Facilities
FAA-C-1217 Electrical Work, Interior
FAA-C-1391 Installation and Splicing of
Underground Cables
Utility Company
Rules and
Regulations
Pacific Gas and Electric
Local Governing
Bodies' Codes
and Regulations
City of Hollister
100-1.4 SHOP DRAWINGS AND MATERIAL LISTS. Prior to the installation of any material and equipment and within thirty (30) days of contract award, the Contractor shall submit to the Owner for approval eight (8) copies of manufacturers' brochures containing complete dimensional and performance characteristics, wiring diagrams, installation and operation instructions, etc., for the equipment listed in the individual L-Series specification Items.

A materials list shall be submitted listing each specification paragraph number and stating whether the materials proposed are as specified or are substitutions. If the item is a substitute item, a complete submittal as described in the above paragraph shall be provided for that item.

Unless otherwise coordinated with the Engineer, the submittal shall be complete and made in one submission in booklet form with hard-bound cover. Partial submissions will not be reviewed or considered.

Submittal data shall be presented in a clear, precise and thorough manner. Original catalog sheets are preferred. Photocopies are acceptable provided they are as good a quality as the original. Clearly and boldly mark each copy to identify pertinent products or models applicable to this project. Indicate all optional equipment and delete non-pertinent data. Submittals for components of electrical equipment and systems shall identify the equipment for which they apply on each submittal sheet. Markings shall be boldly and clearly made with arrows or circles (highlighting is not acceptable). Contractor is solely responsible for delays in project accruing directly or indirectly from late submissions or resubmissions of submittals. 100-1.5 AIRFIELD LIGHTING SYSTEM SWITCHOVER BETWEEN CONSTRUCTION STAGES. At each stage switchover and prior to the end of every work shift, the Contractor shall test and operate the affected airfield lighting and miscellaneous power circuits early enough, prior to their need, as required to verify correct operation to Airport Operations. 100-1.6 SPARE FIXTURE INVENTORY REPLACEMENT. If the use of Airport supplied spare parts is coordinated with the Airport, the Contractor shall replace spares or salvaged lighting items that the Contractor uses or damages during construction so that at the end of the project, the stipulated number (minimum) of good working spares shall be delivered to the Owner.

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Item L-100 General Electrical Requirements 500
100-1.7 AIRFIELD LIGHTING SYSTEM OPERATIONAL TESTS. Prior to the end of every work shift, the Contractor shall test and operate the affected airfield lighting and miscellaneous power circuits early enough, prior to their need, as required to verify correct operation to the Engineer and Airport Operations.
100-1.8 OPERATING AND MAINTENANCE INSTRUCTIONS:
a. At the completion of the project, at such time as designated by the Engineer, an operational and maintenance instruction period for Owner shall take place. The Contractor shall have present during this entire period his superintendent, foremen of various portions of the project, and manufacturer's service representatives (factory trained) for all equipment requiring periodic maintenance. All operational and maintenance instructions shall be presented under direct supervision of the Engineer.

Prior to the O&M instruction period, all systems shall be started up and inspected by the Contractor, and shall be fully operational.
b. Contractor shall provide sign-in sheet and shall be responsible for having all present parties sign in. After instruction is complete and accepted by Owner, Contractor shall provide Owner a letter indicating that the instructions have been accepted and Owner shall sign same. Provide line items for each system demonstrated. Both parties shall initial each item. Copies shall be sent to the Engineer. c. Unless otherwise specifically trained as such by the manufacturer, the Contractor's personnel do not qualify as factory trained representatives.

EQUIPMENT AND MATERIALS
100-2.1 GENERAL
a. Airport lighting equipment and materials covered by advisory circulars (ACs) must be certified and listed in AC 150/5345-53, Airport Lighting Equipment Certification Program, current edition. b. All other equipment and materials covered by other referenced specifications shall be subject to acceptance through manufacturer’s certification of compliance with the applicable specification when requested by the Engineer.
c. All equipment and materials furnished and installed in this section shall be guaranteed against defects in materials and workmanship for at least twelve (12) months from the date of final acceptance by the Owner. The defective materials and/or equipment shall be repaired or replaced, at the Owner’s discretion, with no additional cost to the Owner.
100-2.2 EQUIPMENT. Conduits, conduit fittings, conductors, connectors, boxes, wiring devices, panelboards, and circuit breakers shall meet requirements of Specification FAA-C-1217. 100-2.3 CONDUIT, EXTERIOR. Conduits in concrete slabs, in block walls or exterior exposed shall be rigid galvanized steel (RGS). Conduits run on the exterior of the building above or below the grade for the earth grounding system shall be rigid zinc-coated steel. Radius of bends in RGS shall be minimum 12 nominal pipe diameters. Rigid galvanized steel conduit run in concrete or below slab on grade, or in the ground, shall be field wrapped or shall have factory-applied coating as required in Specification FAA-C- 1217. Field-made joints, fittings, abrasions and holidays shall be coated or wrapped with material equal to the original coating or wrapping.

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Item L-100 General Electrical Requirements 501
100-2.4 CONDUIT, UNDERGROUND. Conduits run underground are specified in Item L-110, Airport Underground Electrical Duct Banks and Conduits of these specifications. 100-2.5 600 VOLT WIRE. 600V cable shall be as specified in Item L-108, Underground Power Cable for Airports.
100-2.6 CONDUIT FITTINGS. Each conduit and nipple entrance to junction boxes, panelboards, disconnect switches, duct, raceway, equipment cabinets, and other such electrical enclosures shall be fitted with double locknuts (one each side of metal penetrated) and insulating bushing. Bushings on 1-1/4 inch and larger conduits shall be insulated metallic, type OZ/Gedney Cat. No. IBC Series, or equal; bushings for 3/4 inch and 1 inch shall be plastic insulated T&B rated for 150 °C, or equal. All openings where conduits enter junction boxes, other enclosures and shelters shall be sealed weathertight. The conduit shall be capped, if left empty, or sealed with Ducseal, or equal, around the conductors for exterior conduits. 100-2.7 CONCRETE-ENCASED DUCT. Concrete-encased PVC duct shall be provided with a 3- inch minimum encasement with spacing between conduits as detailed on the plans. Concrete shall be be provided with a vinyl warning tape as detailed on the plans and specified in Item L-110, Airport Underground Electrical Duct Banks and Conduits.
100-2.8 CONCRETE HANDHOLES AND JUNCTION STRUCTURES. Handholes and junction structures shall be as specified in Item L-115, Electrical Handholes and Junction Structures and as detailed on drawings.
100-2.9 LIGHT BASES AND TRANSFORMER HOUSING. Bases and covers shall be specified in item L-125, Installation of Airport Lighting Systems and as detailed on drawings. 100-2.10 OTHER ELECTRICAL EQUIPMENT. Cutouts, relays, terminal blocks, transfer relays, circuit breakers, and all other regularly used commercial items of electrical equipment not covered by FAA equipment specifications shall conform to the applicable rulings and standards of the Institute of Electrical and Electronic Engineers (IEEE) or the National Electrical Manufacturers Association (NEMA). When specified, test reports from a testing laboratory indicating that the equipment meets the specifications shall be supplied. In all cases, equipment shall be new and a first-grade product. This equipment shall be supplied in the quantities required for the specific project and shall incorporate the electrical and mechanical characteristics specified in the specification and plans.

CONSTRUCTION METHODS
100-3.1 EXISTING UTILITIES. Prior to any excavation or trenching, provide utility locator and verify any existing cables and utilities which will be crossed by the trench. Ensure these utilities are permanently disconnected if they are going to be demolished. The existing service lines shall be exposed by hand-digging in those areas that will be crossed and shall be protected from any possible damage. If any damage occurs, it shall be the Contractor's responsibility to immediately repair such damage with materials and methods approved by the Owner and in compliance with applicable codes and standards, at no additional cost to the Owner.
100-3.2 DEMOLITION AND SALVAGE.
a. Demolition. Removal and/or Salvage of indicated portions of the airfield lighting system serving portions of Runway 13-31, Taxiway ‘A’, Taxiway ‘B’, Taxiway ‘C’ as follows:
(1) Remove indicated power cables from conduits and ducts.

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Item L-100 General Electrical Requirements 502
(2) Demolish indicated conduits, ducts, handholes and concrete light and sign bases per the requirements of Item P-151, Clearing and Grubbing. Elements covered shall include the intent, but not be limited to the specific elements, of the following:
(a) Underground conduits and duct banks, both concrete encased and direct earth buried.
(b) Underground electrical concrete structures including manholes and handholes of varying sizes.
(c) Sign and light concrete encased bases, back boxes and miscellaneous concrete footings.
(3) Remove demolished material from site and dispose of according to local regulations.

(4) Provide backfill meeting the requirements of P-152, Excavation and Embankment.

Unless otherwise required for general Civil excavation and embankment, replacement backfill and paving repair shall be incidental to the demolition item. (5) All lights and signs deemed non-salvageable by the Airport and isolation transformers (which are not slated for reinstallation) shall become the property of the Contractor and shall be removed from the site.
100-3.3 CIRCUIT BREAKERS. Panelboard-mounted circuit breakers and other similar items shall be furnished and installed at the locations shown in the plans. 100-3.4 CONDUCTORS. Installation of underground 5 kV conductors is specified in Item L-108 of these specifications.
100-3.5 GROUNDING. All metal support structures and metal enclosures shall be grounded in accordance with the requirements of the Specifications FAA-C-1217, FAA-C-1391, and FAA-STD-019, and as indicated on the drawings.
100-3.6 GROUND RODS. Grounding rods shall be 3/4-inch diameter by 10 feet long copper- jacketed steel. Grounding connections shall be by the exothermic weld process, Cadweld or equal.

Extruded, drawn or stamped-type ground clamps will not be acceptable unless otherwise noted. The resistance to ground shall not exceed 25 ohms.
100-3.7 GROUND CONDUCTORS. Equipment grounding conductors shall be insulated copper, except where shown on the project drawings to be bare, and sized as shown on the project drawings; and all grounds will be shown in accordance with Article 250-95 of the National Electrical Code and with FAA- STD-019. Attachment of wire to supports, boxes, etc., shall be accomplished using approved ground lug attached with a separate stainless steel screw, lock washer and nut. Screws used for support of the electrical enclosure shall not be used for connection of the ground wire. Pipe straps shall not be used for ground purposes.

COLOR CODING OF GROUND CONDUCTORS

TYPE OF GROUND

CONDUCTOR

COLOR OF INSULATION
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Item L-100 General Electrical Requirements 503
Grounding Electrode Conductor Bare - No Insulation
Equipment Grounding
Conductor
Green (safety)
*Multipoint Ground (Frame) Green with bright orange tracer *Signal Ground Green with bright yellow
tracer
*Where these cables are concealed and not color coded, an exposed portion of the cable and each end of the cable for a minimum length of 2 feet shall be color coded with green tape overlaid with a bright orange or yellow to form a tracer. Where routed through raceways or wireways, the color coding shall be such that by removing or opening any one cover, the coding will be visible. Where conductors are routed through cable trays, color coding shall be accomplished at intervals not exceeding 3 feet.

The multi-ground system supplements but does not replace the equipment grounding conductor required by the National Electrical Code.

Each of these separate ground conductors is insulated in order to keep it distinct and not allow contact with any other conductor.

Electrical continuity of cable armor or shield shall be maintained. Grounding of the cable armor or shield shall be required at all terminations and shall be accomplished by connecting a #6 AWG solid bare copper wire to the cable armor or shield by means of a compression-type ground clamp installed within the terminating enclosure. Armor or shield ground wire shall be connected to the ground electrode conductor using split bolt connector, Burndy or equal. Grounding of direct earth burial (DEB) armored power and shielding control cable shall be at each end in accordance with FAA-C-1391. 100-3.8 IDENTIFICATION. Handhole, manhole, fixture and sign identification shall be as detailed on the drawings and as indicated in the associated “L” series Items. Cable tagging and markers shall be identified as per FAA-C-1391, Sections 3.5.1 and 2.
100-3.9 NOTIFICATION OF TESTING. The Contractor shall notify the project Resident Engineer (RE) and the owner (CVH) a minimum of 48 hours in advance of system, or partial system, testing, including but not limited to, installed cable megger testing, operational testing of any modified lighting circuit and fixture and signs photometric testing.
100-3.10 TESTING AND SUBMITTALS. Equipment and materials list and shop drawings shall be submitted as per FAA-C-1217, Section 5.1. Testing shall be required and performed as per FAA-C-1217, Section 5.3 and FAA-C-1391, Section 4. The Contractor shall be responsible for repairs or replacement of any cable found defective after installation.

The Contractor shall secure the services of an independent testing service to test the installed airfield lighting and miscellaneous power cables prior to the start of and at the completion of this project. The results of the testing shall be provided to the Owner and Construction Manager for review and acceptance.

The Contractor shall be responsible for repairs or replacement of any cable found defective after installation.

The Contractor shall provide testing of the new, installed airfield lighting fixtures and new, installed signs per Table below.

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Item L-100 General Electrical Requirements 504
Installation tests in addition to all tests contained in other L-Series Items shall be provided as follows:

Item

Test Required
Mfgr's
Rep.

Present?
5 kV Rated Airfield Lighting
and Power Cables (On the
Reel, Not Including Equipment
for Contractor Quality Control.

May be deleted per
coordination with Engineer).

Megger check to 2.0 times nominal system rated voltage
prior to installation. Values of insulation resistance for each reel shall be noted and given to the Construction
Manager/ Owner for acceptance. It is expected that the readings will be greater than 1000 megohms (1
gigohm).

No
5 kV Rated Airfield Lighting
and Power Cables (Installed in
This Project)
Megger check at 1000 volts at the completion of
installation. Test every circuit for conductor-to-ground and conductor-to-conductor (between circuits)
insulation resistance. Test results shall be tabulated and given to the Construction Manager/Owner for
acceptance. It is required that the readings be greater than 100 megohms.

No
5 kV Rated Airfield Lighting
and Power Cables (All Circuits
Modified in This Project,
Emanating from any Lighting
Vault)
Megger check at 1000 volts prior to the start of and at the completion of installation. Test every circuit for conductor-to-ground and conductor-to-conductor
(between circuits) insulation resistance. Test results shall be tabulated and given to the Construction
Manager/Owner for acceptance.

No
5 kV and 600 Volt and Multi-
pair Cables
Continuous-tape pull tension readings for each section
of cable shall be provided to the Construction Manager
for review.

No
Bases
All in-pavement lighting cans shall be fitted in
accordance with FAA Advisory Circulars such that the
base of the fitting, when installed, shall be level with the surrounding surface. Alignment jigs as supplied by
Jaquith Industries, Inc. (or equal) shall be used to ensure the can is aligned in such a way that no portion of the can shall be above the level of the surrounding surface and the can is geometrically positioned such that when
the fitting is installed, the light beam will be directed in accordance with the appropriate advisory circulars for
that type of fitting and its location.

No
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Item L-100 General Electrical Requirements 505

Item

Test Required
Mfgr's
Rep.

Present?
Airfield Signs and Light
Fixture
(Testing prior to installation is
for Contractor Quality Control.

May be deleted per
coordination with Engineer).

Each sign or light fixture will be carefully examined
prior to installation to ensure that lenses, where
required, have been fitted, no signs of physical damage to the fittings exist and the lamps are working by
connecting the fittings' electrical leads to a DC voltage source not exceeding 6 volts, such as a motorcycle
battery. Any failures are to be reported to the
Construction Manager or Owner. The fittings, when
installed, shall be torqued to manufacturer's and FAA
requirements and noted.

METHOD OF MEASUREMENT
100-4.1 AIRFIELD ELECTRICAL SYSTEM DEMOLITION AND SALVAGE. This Item consists of the removal of indicated portions of the airfield lighting system serving portions of Runway 13- 31(REILs, conduits and foundations), Runway 6-24 and Taxiways ‘ ‘C’. This work also includes the removal of all conductors which are not to remain in service from ducts or conduits accessed under this project. Conduit, duct banks, fixture bases, back boxes and concrete handholes are to be selectively demolished as part of the grading and excavation.
100-4.2 AWOS FEEDER AND CONDUIT RELOCATION. This Item consists of the vertical relocation and reconnection of the existing AWOS feeder and conduit connection to avoid utilities in conflict with the line.

BASIS OF PAYMENT
100-5.1 AIRFIELD ELECTRICAL SYSTEM DEMOLITION AND SALVAGE. Payment will be made at the contract Lump Sum price for the electrical demolition and removal services completed and accepted. This price shall be full compensation for furnishing all materials and for all labor, equipment, tools, and incidentals necessary to complete this Item as accepted by the Owner. 100-5.2 AWOS FEEDER AND CONDUIT RELOCATION. Payment will be made at the contract Lump Sum price for the conduit and feeder relocations completed and accepted. This price shall be full compensation for furnishing all materials and for all labor, equipment, tools and incidentals necessary to complete this Item as accepted by the Owner.

Payment will be made under:

Item L-100-5.1 Electrical Demolition – per Lump Sum
Item L-100-5.2 AWOS Feeder and Conduit Relocation – per Lump Sum

END OF ITEM L-100
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Item L-108 Underground Power Cable for Airports 506

Item L-108 Underground Power Cable for Airports

DESCRIPTION
108-1.1 This item shall consist of furnishing and installing power cables that are direct buried and furnishing and/or installing power cables within conduit or duct banks per these specifications at the locations shown on the plans. It includes excavation and backfill of trench for direct-buried cables only.

Also included are the installation of counterpoise wires, ground wires, ground rods and connections, cable splicing, cable marking, cable testing, and all incidentals necessary to place the cable in operating condition as a completed unit to the satisfaction of the Resident Project Representative (RPR). This item shall not include the installation of duct banks or conduit, trenching and backfilling for duct banks or conduit, or furnishing or installation of cable for FAA owned/operated facilities.

EQUIPMENT AND MATERIALS
108-2.1 General.
a. Airport lighting equipment and materials covered by advisory circulars (AC) shall be approved under the Airport Lighting Equipment Certification Program per AC 150/5345-53, current version. b. All other equipment and materials covered by other referenced specifications shall be subject to acceptance through manufacturer’s certification of compliance with the applicable specification, when requested by the RPR.
c. Manufacturer’s certifications shall not relieve the Contractor of the responsibility to provide materials per these specifications. Materials supplied and/or installed that do not comply with these specifications shall be removed (when directed by the RPR) and replaced with materials that comply with these specifications at the Contractor’s cost.
d. All materials and equipment used to construct this item shall be submitted to the RPR for approval prior to ordering the equipment. Submittals consisting of marked catalog sheets or shop drawings shall be provided. Submittal data shall be presented in a clear, precise and thorough manner. Original catalog sheets are preferred in PDF format. Photocopies are acceptable provided they are as good a quality as the original. Clearly and boldly mark each copy to identify products or models applicable to this project.

Indicate all optional equipment and delete any non-pertinent data. Submittals for components of electrical equipment and systems shall identify the equipment to which they apply on each submittal sheet.

Markings shall be made bold and clear with arrows or circles (highlighting is not acceptable). The Contractor is solely responsible for delays in the project that may accrue directly or indirectly from late submissions or resubmissions of submittals.
e. The data submitted shall be sufficient, in the opinion of the RPR, to determine compliance with the plans and specifications. The Contractor’s submittals shall be neatly bound in electronically submitted in pdf format. The RPR reserves the right to reject any and all equipment, materials, or procedures that do not meet the system design and the standards and codes, specified in this document. f. All equipment and materials furnished and installed under this section shall be guaranteed against defects in materials and workmanship for at least twelve (12) months from the date of final acceptance by the Owner. The defective materials and/or equipment shall be repaired or replaced, at the Owner’s discretion, with no additional cost to the Owner. The Contractor shall maintain a minimum insulation A.10.d
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Item L-108 Underground Power Cable for Airports 507
resistance in accordance with paragraph 108-3.10e with isolation transformers connected in new circuits and new segments of existing circuits through the end of the contract warranty period when tested in accordance with AC 150/5340-26, Maintenance Airport Visual Aid Facilities, paragraph 5.1.3.1, Insulation Resistance Test.
108-2.2 Cable. Underground cable for airfield lighting facilities (runway and taxiway lights and signs) shall conform to the requirements of AC 150/5345-7, Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits latest edition. Conductors for use on 6.6 ampere primary airfield lighting series circuits shall be single conductor, seven strand, #8 American wire gauge (AWG), L-824 Type C , 5,000 volts, non-shielded, with cross-linked polyethylene insulation. Conductors for use on 20 ampere primary airfield lighting series circuits shall be single conductor, seven strand, #6 AWG, L-824 Type C, 5,000 volts, non-shielded, with cross-linked polyethylene insulation. L-824 conductors for use on the L-830 secondary of airfield lighting series circuits shall be sized in accordance with the manufacturer’s recommendations. All other conductors shall comply with FAA and National Electric Code (NEC) requirements. Conductor sizes noted above shall not apply to leads furnished by manufacturers on airfield lighting transformers and fixtures.

Wire for electrical circuits up to 600 volts shall comply with Specification L-824 and/or Commercial Item Description A-A-59544A and shall be type THWN-2, 75°C for installation in conduit and RHW-2, 75°C for direct burial installations. Conductors for parallel (voltage) circuits shall be type and size and installed in accordance with NFPA-70, National Electrical Code.

Unless noted otherwise, all 600-volt and less non-airfield lighting conductor sizes are based on a 75°C, THWN-2, 600-volt insulation, copper conductors, not more than three single insulated conductors, in raceway, in free air. The conduit/duct sizes are based on the use of THWN-2, 600-volt insulated conductors. The Contractor shall make the necessary increase in conduit/duct sizes for other types of wire insulation. In no case shall the conduit/duct size be reduced. The minimum power circuit wire size shall be #12 AWG.

Conductor sizes may have been adjusted due to voltage drop or other engineering considerations.

Equipment provided by the Contractor shall be capable of accepting the quantity and sizes of conductors shown in the Contract Documents. All conductors, pigtails, cable step-down adapters, cable step-up adapters, terminal blocks and splicing materials necessary to complete the cable termination/splice shall be considered incidental to the respective pay items provided.

Cable type, size, number of conductors, strand and service voltage shall be as specified in the Contract Document.
108-2.3 Bare copper wire (counterpoise, bare copper wire ground and external ground rods). Wire for counterpoise or ground installations for airfield lighting systems shall be No. 1/0 stranded (FAA) or 6 AWG bare solid copper wire for counterpoise and/or No. 6 AWG insulated stranded for grounding bond wire per ASTM B3 and ASTM B8, and shall be bare copper wire. For voltage powered circuits, the equipment grounding conductor shall comply with NEC Article 250.

Ground rods shall be copper-clad steel. The ground rods shall be of the length and diameter specified on the plans, but in no case be less than 10 feetlong and 3/4 inch in diameter. 108-2.4 Cable connections. In-line connections or splices of underground primary cables shall be of the type called for on the plans, and shall be one of the types listed below. No separate payment will be made for cable connections.
a. The cast splice. A cast splice, employing a plastic mold and using epoxy resin equivalent to that manufactured by 3MTM Company, “Scotchcast” Kit No. 82-B, or an approved equivalent, used for potting the splice is acceptable.

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Item L-108 Underground Power Cable for Airports 508
b. The field-attached plug-in splice. Field attached plug-in splices shall be installed as shown on the plans. The Contractor shall determine the outside diameter of the cable to be spliced and furnish appropriately sized connector kits and/or adapters. Tape or heat shrink tubing with integral sealant shall be in accordance with the manufacturer’s requirements. Primary Connector Kits manufactured by Amerace, Integro, or approved equal is acceptable.
c. The factory-molded plug-in splice. Specification for L-823 Connectors, Factory-Molded to Individual Conductors, is acceptable.
d. The taped or heat-shrink splice. Taped splices employing field-applied rubber, or synthetic rubber tape covered with plastic tape is acceptable. The rubber tape should meet the requirements of ASTM D4388 and the plastic tape should comply with Military Specification MIL-I-24391 or Commercial Item Description A-A-55809. Heat shrinkable tubing shall be heavy-wall, self-sealing tubing rated for the voltage of the wire being spliced and suitable for direct-buried installations. The tubing shall be factory coated with a thermoplastic adhesive-sealant that will adhere to the insulation of the wire being spliced forming a moisture- and dirt-proof seal. Additionally, heat shrinkable tubing for multi-conductor cables, shielded cables, and armored cables shall be factory kits that are designed for the application. Heat shrinkable tubing and tubing kits shall be manufactured by Tyco Electronics/ Raychem Corporation, Energy Division, or approved equivalent.

In all the above cases, connections of cable conductors shall be made using crimp connectors using a crimping tool designed to make a complete crimp before the tool can be removed. All L-823/L-824 splices and terminations shall be made per the manufacturer’s recommendations and listings.

All connections of counterpoise, grounding conductors and ground rods shall be made by the exothermic process or approved equivalent, except that a light base ground clamp connector shall be used for attachment to the light base. All exothermic connections shall be made per the manufacturer’s recommendations and listings.
108-2.5 Splicer qualifications. Every airfield lighting cable splicer shall be qualified in making airport cable splices and terminations on cables rated at or above 5,000 volts AC. The Contractor shall submit to the RPR proof of the qualifications of each proposed cable splicer for the airport cable type and voltage level to be worked on. Cable splicing/terminating personnel shall have a minimum of three (3) years continuous experience in terminating/splicing medium voltage cable. 108-2.6 Concrete. Concrete shall be proportioned, placed, and cured per Item P-610, Concrete for Miscellaneous Structures.
108-2.6 Flowable backfill. Flowable material used to backfill trenches for power cable trenches shall conform to the requirements of Item P-153, Controlled Low Strength Material. 108-2.8 Cable identification tags. Cable identification tags shall be made from a non-corrosive, non- metallic material with the circuit identification stamped or etched onto the tag. The tags shall be of the type as detailed on the plans.
108-2.9 Tape. Electrical tapes shall be ScotchTM Electrical Tapes –ScotchTM 88 (1-1/2 inch wide) and ScotchTM 130C® linerless rubber splicing tape (2-inch wide), as manufactured by the Minnesota Mining and Manufacturing Company (3MTM), or an approved equivalent. 108-2.10 Electrical coating. Electrical coating shall be Scotchkote™ as manufactured by 3MTM ,or an approved equivalent.
108-2.11 Existing circuits. Whenever the scope of work requires connection to an existing circuit, the existing circuit’s insulation resistance shall be tested, in the presence of the RPR. The test shall be performed per this item and prior to any activity that will affect the respective circuit. The Contractor shall record the results on forms acceptable to the RPR. When the work affecting the circuit is complete, the circuit’s insulation resistance shall be checked again, in the presence of the RPR. The Contractor shall A.10.d
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Item L-108 Underground Power Cable for Airports 509
record the results on forms acceptable to the RPR. The second reading shall be equal to or greater than the first reading or the Contractor shall make the necessary repairs to the existing circuit to bring the second reading above the first reading. All repair costs including a complete replacement of the L-823 connectors, L-830 transformers and L-824 cable, if necessary, shall be borne by the Contractor. All test results shall be submitted in the Operation and Maintenance (O&M) Manual. 108-2.12 Detectable warning tape. Plastic, detectable, American Public Works Association (APWA) Red (electrical power lines, cables, conduit and lighting cable) with continuous legend tape shall be polyethylene film with a metalized foil core and shall be 3-6 inches (75-150 mm) wide. Detectable tape is incidental to the respective bid item. Detectable warning tape for communication cables shall be orange.

Detectable warning tape color code shall comply with the APWA Uniform Color Code.

CONSTRUCTION METHODS
108-3.1 General. The Contractor shall install the specified cable at the approximate locations indicated on the plans. Unless otherwise shown on the plans, all cable required to cross under pavements expected to carry aircraft loads shall be installed in concrete encased duct banks. Cable shall be run without splices, from fixture to fixture.

Cable connections between lights will be permitted only at the light locations for connecting the underground cable to the primary leads of the individual isolation transformers. The Contractor shall be responsible for providing cable in continuous lengths for home runs or other long cable runs without connections unless otherwise authorized in writing by the RPR or shown on the plans.

In addition to connectors being installed at individual isolation transformers, L-823 cable connectors for maintenance and test points shall be installed at locations shown on the plans. Cable circuit identification markers shall be installed on both sides of the L-823 connectors installed and on both sides of slack loops where a future connector would be installed.

Provide not less than 3 feet of cable slack on each side of all connections, isolation transformers, light units, and at points where cable is connected to field equipment. Where provisions must be made for testing or for future above grade connections, provide enough slack to allow the cable to be extended at least one foot vertically above the top of the access structure. This requirement also applies where primary cable passes through empty light bases, junction boxes, and access structures to allow for future connections, or as designated by the RPR.

Primary airfield lighting cables installed shall have cable circuit identification markers attached on both sides of each L-823 connector and on each airport lighting cable entering or leaving cable access points, such as manholes, hand holes, pull boxes, junction boxes, etc. Markers shall be of sufficient length for imprinting the cable circuit identification legend on one line, using letters not less than 1/4 inch in size.

The cable circuit identification shall match the circuits noted on the construction plans. 108-3.2 Installation in duct banks or conduits. This item includes the installation of the cable in duct banks or conduit per the following paragraphs. The maximum number and voltage ratings of cables installed in each single duct or conduit, and the current-carrying capacity of each cable shall be per the latest version of the National Electric Code, or the code of the local agency or authority having jurisdiction.

The Contractor shall make no connections or splices of any kind in cables installed in conduits or duct banks.

Unless otherwise designated in the plans, where ducts are in tiers, use the lowest ducts to receive the cable first, with spare ducts left in the upper levels. Check duct routes prior to construction to obtain assurance that the shortest routes are selected, and that any potential interference is avoided.

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Item L-108 Underground Power Cable for Airports 510
Duct banks or conduits shall be installed as a separate item per Item L-110, Airport Underground Electrical Duct Banks and Conduit. The Contractor shall run a mandrel through duct banks or conduit prior to installation of cable to ensure that the duct bank or conduit is open, continuous and clear of debris. The mandrel size shall be compatible with the conduit size. The Contractor shall swab out all conduits/ducts and clean light bases, manholes, etc., interiors immediately prior to pulling cable. Once cleaned and swabbed, the light bases and all accessible points of entry to the duct/conduit system shall be kept closed except when installing cables. Cleaning of ducts, light bases, manholes, etc., is incidental to the pay item of the item being cleaned. All raceway systems left open, after initial cleaning, for any reason shall be re-cleaned at the Contractor’s expense. The Contractor shall verify existing ducts proposed for use in this project as clear and open. The Contractor shall notify the RPR of any blockage in the existing ducts.

The cable shall be installed in a manner that prevents harmful stretching of the conductor, damage to the insulation, or damage to the outer protective covering. The ends of all cables shall be sealed with moisture-seal tape providing moisture-tight mechanical protection with minimum bulk, or alternately, heat shrinkable tubing before pulling into the conduit and it shall be left sealed until connections are made. Where more than one cable is to be installed in a conduit, all cable shall be pulled in the conduit at the same time. The pulling of a cable through duct banks or conduits may be accomplished by hand winch or power winch with the use of cable grips or pulling eyes. Maximum pulling tensions shall not exceed the cable manufacturer’s recommendations. A non-hardening cable-pulling lubricant recommended for the type of cable being installed shall be used where required.

The Contractor shall submit the recommended pulling tension values to the RPR prior to any cable installation. If required by the RPR, pulling tension values for cable pulls shall be monitored by a dynamometer in the presence of the RPR. Cable pull tensions shall be recorded by the Contractor and reviewed by the RPR. Cables exceeding the maximum allowable pulling tension values shall be removed and replaced by the Contractor at the Contractor’s expense.

The manufacturer’s minimum bend radius or NEC requirements (whichever is more restrictive) shall apply. Cable installation, handling and storage shall be per manufacturer’s recommendations. During cold weather, particular attention shall be paid to the manufacturer’s minimum installation temperature. Cable shall not be installed when the temperature is at or below the manufacturer’s minimum installation temperature. At the Contractor’s option, the Contractor may submit a plan, for review by the RPR, for heated storage of the cable and maintenance of an acceptable cable temperature during installation when temperatures are below the manufacturer’s minimum cable installation temperature.

Cable shall not be dragged across base can or manhole edges, pavement or earth. When cable must be coiled, lay cable out on a canvas tarp or use other appropriate means to prevent abrasion to the cable jacket.
108-3.3 Installation of direct-buried cable in trenches. Unless otherwise specified, the Contractor shall not use a cable plow for installing the cable. Cable shall be unreeled uniformly in place alongside or in the trench and shall be carefully placed along the bottom of the trench. The cable shall not be unreeled and pulled into the trench from one end. Slack cable sufficient to provide strain relief shall be placed in the trench in a series of S curves. Sharp bends or kinks in the cable shall not be permitted.

Where cables must cross over each other, a minimum of 3 inches vertical displacement shall be provided with the topmost cable depth at or below the minimum required depth below finished grade. a. Trenching. Where turf is well established and the sod can be removed, it shall be carefully stripped and properly stored. Trenches for cables may be excavated manually or with mechanical trenching equipment. Walls of trenches shall be essentially vertical so that a minimum of surface is disturbed. Graders shall not be used to excavate the trench with their blades. The bottom surface of trenches shall be essentially smooth and free from coarse aggregate. Unless otherwise specified, cable A.10.d
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Item L-108 Underground Power Cable for Airports 511
trenches shall be excavated to a minimum depth of 18 inches below finished grade per NEC Table 300.5, except as follows:
· When off the airport or crossing under a roadway or driveway, the minimum depth shall be 36 inches unless otherwise specified.
· Minimum cable depth when crossing under a railroad track, shall be 42 inches unless otherwise specified.

Dewatering necessary for cable installation, erosion and turbidity control, per Federal, state, and local requirements is incidental to its respective pay items as part of Item L-108. The cost of all excavation regardless of type of material encountered, shall be included in the unit price bid for the L-108 Item.

The Contractor shall excavate all cable trenches to a width not less than 6 inches. Unless otherwise specified on the plans, all cables in the same location and running in the same general direction shall be installed in the same trench.

When rock is encountered, the rock shall be removed to a depth of at least 3 inches below the required cable depth and it shall be replaced with bedding material of earth or sand containing no mineral aggregate particles that would be retained on a 1/4-inch sieve. Flowable backfill material may alternatively be used.

Duct bank or conduit markers temporarily removed for trench excavations shall be replaced as required.

It is the Contractor’s responsibility to locate existing utilities within the work area prior to excavation.

Where existing active cables cross proposed installations, the Contractor shall ensure that these cables are adequately protected. Where crossings are unavoidable, no splices will be allowed in the existing cables, except as specified on the plans. Installation of new cable where such crossings must occur shall proceed as follows:
(1) Existing cables shall be located manually. Unearthed cables shall be inspected to assure absolutely no damage has occurred.
(2) Trenching, etc., in cable areas shall then proceed, with approval of the RPR, with care taken to minimize possible damage or disruption of existing cable, including careful backfilling in area of cable.

In the event that any previously identified cable is damaged during the course of construction, the Contractor shall be responsible for the complete repair or replacement. b. Backfilling. After the cable has been installed, the trench shall be backfilled. The first layer of backfill in the trench shall encompass all cables ; be 3 inches (75 mm) deep, loose measurement; and shall be either earth or sand containing no mineral aggregate particles that would be retained on a 1/4-inch (6.3 mm) sieve. This layer shall not be compacted. The second layer shall be 5 inches (125 mm) deep, loose measurement, and shall contain no particles that would be retained on a one inch (25.0 mm) sieve. The remaining third and subsequent layers of backfill shall not exceed 8 inches (20 cm) of loose measurement and be excavated or imported material and shall not contain stone or aggregate larger than 4 inches (100 mm) maximum diameter.

The second and subsequent layers shall be thoroughly tamped and compacted to at least the density of the adjacent material. If the cable is to be installed in locations or areas where other compaction requirements are specified (under pavements, embankments, etc.) the backfill compaction shall be backfilled with controlled low strength material (CLSM) in accordance with P-153.

Trenches shall not contain pools of water during backfilling operations. The trench shall be completely backfilled and tamped level with the adjacent surface, except that when turf is to be established over the trench, the backfilling shall be stopped at an appropriate depth consistent with the A.10.d
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Item L-108 Underground Power Cable for Airports 512
type of turfing operation to be accommodated. A proper allowance for settlement shall also be provided.

Any excess excavated material shall be removed and disposed of per the plans and specifications.

Underground electrical warning (caution) tape shall be installed in the trench above all direct-buried cable. Contractor shall submit a sample of the proposed warning tape for acceptance by the RPR. If not shown on the plans, the warning tape shall be located 6 inches (150 mm) above the direct-buried cable or the counterpoise wire if present. A 3-6 inch (75 - 150 mm) wide polyethylene film detectable tape, with a metalized foil core, shall be installed above all direct buried cable or counterpoise. The tape shall be of the color and have a continuous legend as indicated on the plans. The tape shall be installed 8 inches (200 mm) minimum below finished grade.
c. Restoration. Following restoration of all trenching near airport movement surfaces, the Contractor shall visually inspect the area for foreign object debris (FOD) and remove any that is found. Where soil and sod has been removed, it shall be replaced as soon as possible after the backfilling is completed. All areas disturbed by work shall be restored to its original condition. The restoration shall include the mulching as shown on the plans. The Contractor shall be held responsible for maintaining all disturbed surfaces and replacements until final acceptance. When trenching is through paved areas, restoration shall be equal to existing conditions. If the cable is to be installed in locations or areas where other compaction requirements are specified (under pavements, embankments, etc.) the backfill compaction shall be backfilled with controlled low strength material (CLSM) in accordance with P-153. Restoration shall be considered incidental to the pay item of which it is a component part. 108-3.4 Cable markers for direct-buried cable. The location of direct buried circuits shall be marked by a concrete slab marker, 2 feet square and 4-6 inch thick, extending approximately one inch above the surface. Each cable run from a line of lights and signs to the equipment vault shall be marked at approximately every 200 feet along the cable run, with an additional marker at each change of direction of cable run. All other direct-buried cable shall be marked in the same manner. Cable markers shall be installed directly above the cable. The Contractor shall impress the word “CABLE” and directional arrows on each cable marking slab. The letters shall be approximately 4 inches high and 3 inches wide, with width of stroke 1/2 inch and 1/4 inch deep. Stencils shall be used for cable marker lettering; no hand lettering shall be permitted.

At the location of each underground cable connection/splice, except at lighting units, or isolation transformers, a concrete marker slab shall be installed to mark the location of the connection/splice. The Contractor shall impress the word “SPLICE” on each slab. The Contractor also shall impress additional circuit identification symbols on each slab as directed by the RPR. All cable markers and splice markers shall be painted international orange. Paint shall be specifically manufactured for uncured exterior concrete. After placement, all cable or splice markers shall be given one coat of high-visibility aviation orange paint as approved by the RPR. Furnishing and installation of cable markers is incidental to the respective cable pay item.
108-3.5 Splicing. Connections of the type shown on the plans shall be made by experienced personnel regularly engaged in this type of work and shall be made as follows:
a. Cast splices. These shall be made by using crimp connectors for jointing conductors. Molds shall be assembled, and the compound shall be mixed and poured per the manufacturer’s instructions and to the satisfaction of the RPR.
b. Field-attached plug-in splices. These shall be assembled per the manufacturer’s instructions.

These splices shall be made by plugging directly into mating connectors. The joint where the connectors come together shall be finished by one of the following methods: (1) wrapped with at least one layer of rubber or synthetic rubber tape and one layer of plastic tape, one-half lapped, extending at least 1-1/2 inches on each side of the joint (2) Covered with heat shrinkable tubing with integral sealant extending at A.10.d
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Item L-108 Underground Power Cable for Airports 513
least 1-1/2 inches on each side of the joint or (3) On connector kits equipped with water seal flap; roll- over water seal flap to sealing position on mating connector. c. Factory-molded plug-in splices. These shall be made by plugging directly into mating connectors.

The joint where the connectors come together shall be finished by one of the following methods: (1) Wrapped with at least one layer of rubber or synthetic rubber tape and one layer of plastic tape, one-half lapped, extending at least 1-1/2 inches on each side of the joint. (2) Covered with heat shrinkable tubing with integral sealant extending at least 1-1/2 inches on each side of the joint. or (3) On connector kits so equipped with water seal flap; roll-over water seal flap to sealing position on mating connector. d. Taped or heat-shrink splices. A taped splice shall be made in the following manner:

Bring the cables to their final position and cut so that the conductors will butt. Remove insulation and jacket allowing for bare conductor of proper length to fit compression sleeve connector with 1/4 inch of bare conductor on each side of the connector. Prior to splicing, the two ends of the cable insulation shall be penciled using a tool designed specifically for this purpose and for cable size and type. Do not use emery paper on splicing operation since it contains metallic particles. The copper conductors shall be thoroughly cleaned. Join the conductors by inserting them equidistant into the compression connection sleeve. Crimp conductors firmly in place with crimping tool that requires a complete crimp before tool can be removed. Test the crimped connection by pulling on the cable. Scrape the insulation to assure that the entire surface over which the tape will be applied (plus 3 inches on each end) is clean. After scraping, wipe the entire area with a clean lint-free cloth. Do not use solvents.

Apply high-voltage rubber tape one-half lapped over bare conductor. This tape should be tensioned as recommended by the manufacturer. Voids in the connector area may be eliminated by highly elongating the tape, stretching it just short of its breaking point. The manufacturer's recommendation for stretching tape during splicing shall be followed. Always attempt to exactly half-lap to produce a uniform buildup.

Continue buildup to 1-1/2 times cable diameter over the body of the splice with ends tapered a distance of approximately one inch (25 mm) over the original jacket. Cover rubber tape with two layers of vinyl pressure-sensitive tape one-half lapped. Do not use glyptol or lacquer over vinyl tape as they react as solvents to the tape. No further cable covering or splice boxes are required.

Heat shrinkable tubing shall be installed following manufacturer’s instructions. Direct flame heating shall not be permitted unless recommended by the manufacturer. Cable surfaces within the limits of the heat- shrink application shall be clean and free of contaminates prior to application. e. Assembly. Surfaces of equipment or conductors being terminated or connected shall be prepared in accordance with industry standard practice and manufacturer’s recommendations. All surfaces to be connected shall be thoroughly cleaned to remove all dirt, grease, oxides, nonconductive films, or other foreign material. Paints and other nonconductive coatings shall be removed to expose base metal. Clean all surfaces at least 1/4 inch (6.4 mm) beyond all sides of the larger bonded area on all mating surfaces.

Use a joint compound suitable for the materials used in the connection. Repair painted/coated surface to original condition after completing the connection.
108-3.6 Bare counterpoise wire installation for lightning protection and grounding. As shown on the plans or included in the job specifications, bare # 1/0 stranded (FAA) or solid #6 AWG copper counterpoise wire shall be installed for lightning protection of the underground cables. a. Isolation. –Counterpoise wire shall be installed in the same trench for the entire length of buried cable, conduits and duct banks that are installed to contain airfield cables. The counterpoise is centered over the cable/conduit/duct to be protected.

The counterpoise conductor shall be installed no less than 8 inches minimum or 12 inches maximum above the raceway or cable to be protected, except as permitted below:

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Item L-108 Underground Power Cable for Airports 514
(1) The minimum counterpoise conductor height above the raceway or cable to be protected shall be permitted to be adjusted subject to coordination with the airfield lighting and pavement designs. (2) The counterpoise conductor height above the protected raceway(s) or cable(s) shall be calculated to ensure that the raceway or cable is within a 45-degree area of protection, (45 degrees on each side of vertical creating a 90 degree angle).

The counterpoise conductor shall not be bonded to each metallic light base, mounting stake, and metallic airfield lighting component except for FAA faclities. An additional grounding electrode is required at each light base, handhole or mounting stake. The grounding electrode is bonded to the light base or mounting stake with a 6 AWG solid copper conductor.

All components rise and fall at the same potential; with no potential difference, no damaging arcing and no damaging current flow.

Reference FAA STD-019E, Lightning and Surge Protection, Grounding Bonding and Shielding Requirements for Facilities and Electronic Equipment, Part 4.1.1.7 for counterpoise installation for FAA facilities.
b.Other Counterpoise Requirements. Grounding electrodes may be rods, ground dissipation plates, radials, or other electrodes listed in the NFPA 70 (NEC) or NFPA 780.

Where raceway is installed by the directional bore, jack and bore, or other drilling method, the counterpoise conductor shall be permitted to be installed concurrently with the directional bore, jack and bore, or other drilling method raceway, external to the raceway or sleeve.

The counterpoise wire shall also be exothermically welded to ground rods installed as shown on the plans but not more than 500 feet apart around the entire circuit. The counterpoise system shall be continuous and terminate at the transformer vault or at the power source. It shall be securely attached to the vault or equipment external ground ring or other made electrode-grounding system. The connections shall be made as shown on the plans and in the specifications.

The new counterpoise conductors shall be interconnected to existing counterpoise conductors at each intersection of the new and existing airfield lighting counterpoise systems. d. Parallel Voltage Systems. Provide grounding and bonding in accordance with NFPA 70, National Electrical Code.
108-3.7 Counterpoise installation above multiple conduits and duct banks. Counterpoise wires shall be installed above multiple conduits/duct banks for airfield lighting cables, with the intent being to provide a complete area of protection over the airfield lighting cables. When multiple conduits and/or duct banks for airfield cable are installed in the same trench, the number and location of counterpoise wires above the conduits shall be adequate to provide a complete area of protection measured 45 degrees each side of vertical.

Where duct banks pass under pavement to be constructed in the project, the counterpoise shall be placed above the duct bank. Reference details on the construction plans. 108-3.8 Counterpoise installation at existing duct banks. When airfield lighting cables are indicated on the plans to be routed through existing duct banks, the new counterpoise wiring shall be terminated at ground rods at each end of the existing duct bank where the cables being protected enter and exit the duct bank. The new counterpoise conductor shall be bonded to the existing counterpoise system. 108-3.9 Bare Wire Installation for Light Base Ground. As shown on the details or included in the job specifications, a bare #6 AWG copper grounding wire shall be installed for safety (personnel protection) per AC-150-5340-30 (Latest Edition), “Design and Installation Details for Airport Visual Aids”. The safety ground shall be connected to the external ground lug on the fixture base and to a ground rod installed beside the fixture. The resistance to ground of the base must be 25 ohms or less per measurement A.10.d
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Item L-108 Underground Power Cable for Airports 515
with a ground tester. See the NEC Handbook for additional information about grounding electrode installation and testing. The light base ground shall be incidental to the installation of each base, light or sign.
100-5.3 108-3.10 Insulated Wire Installation for Light Fixture Bonding. As shown on the details or included in the job specifications, an insulated #6 AWG copper grounding wire shall be installed for safety (personnel protection) per AC-150-5340-30 (Latest Edition), “Design and Installation Details for Airport Visual Aids”. The safety ground shall be connected to the ground lug on the fixture base plate or fixture to the internal ground lug on the base can. The light fixture bond shall be incidental to the installation of each base, light or sign.
108-3.11 Exothermic bonding. Bonding of counterpoise wire shall be by the exothermic welding process or equivalent method accepted by the RPR. Only personnel experienced in and regularly engaged in this type of work shall make these connections.

Contractor shall demonstrate to the satisfaction of the RPR, the welding kits, materials and procedures to be used for welded connections prior to any installations in the field. The installations shall comply with the manufacturer’s recommendations and the following:
a. All slag shall be removed from welds.
b. Using an exothermic weld to bond the counterpoise to a lug on a galvanized light base is not recommended unless the base has been specially modified. Consult the manufacturer’s installation directions for proper methods of bonding copper wire to the light base. See AC 150/5340-30 for galvanized light base exception.
c. If called for in the plans, all buried copper and weld material at weld connections shall be thoroughly coated with 6 mm of 3MTM ScotchkoteTM, or approved equivalent, or coated with coal tar Bitumastic® material to prevent surface exposure to corrosive soil or moisture. 108-3.12 Testing. The Contractor shall furnish all necessary equipment and appliances for testing the airport electrical systems and underground cable circuits before and after installation. The Contractor shall perform all tests in the presence of the RPR. The Contractor shall demonstrate the electrical characteristics to the satisfaction of the RPR. All costs for testing are incidental to the respective item being tested. For phased projects, the tests must be completed by phase. The Contractor must maintain the test results throughout the entire project as well as during the warranty period that meet the following:
a. Earth resistance testing methods shall be submitted to the RPR for approval. Earth resistance testing results shall be recorded on an approved form and testing shall be performed in the presence of the RPR. All such testing shall be at the sole expense of the Contractor. b. Should the counterpoise or ground grid conductors be damaged or suspected of being damaged by construction activities the Contractor shall test the conductors for continuity with a low resistance ohmmeter. The conductors shall be isolated such that no parallel path exists and tested for continuity. The RPR shall approve of the test method selected. All such testing shall be at the sole expense of the Contractor.

After installation, the Contractor shall test and demonstrate to the satisfaction of the RPR the following:
c. That all affected lighting power and control circuits (existing and new) are continuous and free from short circuits.
d. That all affected circuits (existing and new) are free from unspecified grounds. e. That the insulation resistance to ground of all new non-grounded high voltage series circuits or cable segments is not less than 100 megohms. Verify continuity of all series airfield lighting circuits prior to energization.

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Item L-108 Underground Power Cable for Airports 516
f. That the insulation resistance to ground of all new non-grounded conductors of new multiple circuits or circuit segments is not less than 100 megohms. g. That all affected circuits (existing and new) are properly connected per applicable wiring diagrams. h. That all affected circuits (existing and new) are operable. Tests shall be conducted that include operating each control not less than 10 times and the continuous operation of each lighting and power circuit for not less than 1/2 hour.
i. That the impedance to ground of each ground rod does not exceed 25 ohms prior to establishing connections to other ground electrodes. The fall-of-potential ground impedance test shall be used, as described by American National Standards Institute/Institute of Electrical and Electronic Engineers (ANSI/IEEE) Standard 81, to verify this requirement. As an alternate, clamp-on style ground impedance test meters may be used to satisfy the impedance testing requirement. Test equipment and its calibration sheets shall be submitted for review and approval by the RPR prior to performing the testing.

Two copies of tabulated results of all cable tests performed shall be supplied by the Contractor to the RPR. Where connecting new cable to existing cable, insulation resistance tests shall be performed on the new cable prior to connection to the existing circuit.

There are no approved “repair” procedures for items that have failed testing other than complete replacement.

METHOD OF MEASUREMENT
108-4.1 Cable or counterpoise wire installed in trench, duct bank or conduit shall be measured by the number of linear feet installed, tested and ready for operation, and accepted as satisfactory. Separate measurement shall be made for each cable or counterpoise wire installed in trench, duct bank or conduit.

The measurement for this item shall include additional quantities required for slack. No separate payment shall be made for ground rods or equipment grounding.

BASIS OF PAYMENT
108-5.1 Payment will be made at the contract unit price for trenching, cable and bare counterpoise wire installed in trench (direct-buried), or cable and equipment ground installed in duct bank or conduit, in place by the Contractor and accepted by the RPR. This price shall be full compensation for furnishing all materials and for all preparation and installation of these materials, and for all labor, equipment, tools, and incidentals, including ground rods and ground connectors and trench marking tape, necessary to complete this item.

Payment will be made under:

Item L-108-5.1 No. 8 AWG , 5 kV, L-824, Type C Cable, Installed in Trench, Duct Bank or Conduit - per liner foot
Item L-108-5.2 No. 6 AWG, Solid, Bare Copper Counterpoise Wire, Including Connections - per linear foot

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Item L-108 Underground Power Cable for Airports 517

REFERENCES
The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

Advisory Circulars (AC)
AC 150/5340-26 Maintenance of Airport Visual Aid Facilities AC 150/5340-30 Design and Installation Details for Airport Visual Aids AC 150/5345-7 Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits
AC 150/5345-26 Specification for L-823 Plug and Receptacle, Cable Connectors AC 150/5345-53 Airport Lighting Equipment Certification Program Commercial Item Description
A-A-59544A Cable and Wire, Electrical (Power, Fixed Installation) A-A-55809 Insulation Tape, Electrical, Pressure-Sensitive Adhesive, Plastic ASTM International (ASTM)
ASTM B3 Standard Specification for Soft or Annealed Copper Wire ASTM B8 Standard Specification for Concentric-Lay-Stranded Copper Conductors, Hard, Medium-Hard, or Soft
ASTM B33 Standard Specification for Tin-Coated Soft or Annealed Copper Wire for Electrical Purposes
ASTM D4388 Standard Specification for Nonmetallic Semi-Conducting and Electrically Insulating Rubber Tapes
Mil Spec
MIL-PRF-23586F Performance Specification: Sealing Compound (with Accelerator), Silicone Rubber, Electrical
MIL-I-24391 Insulation Tape, Electrical, Plastic, Pressure Sensitive National Fire Protection Association (NFPA)
NFPA-70 National Electrical Code (NEC)
NFPA-780 Standard for the Installation of Lightning Protection Systems American National Standards Institute (ANSI)/Institute of Electrical and Electronics Engineers (IEEE) ANSI/IEEE STD 81 IEEE Guide for Measuring Earth Resistivity, Ground Impedance, and Earth Surface Potentials of a Ground System
Federal Aviation Administration Standard
FAA STD-019E Lightning and Surge Protection, Grounding Bonding and Shielding Requirements for Facilities and Electronic Equipment
END OF ITEM L-108

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Item L-109 Airport Transformer Vault and Vault Equipment 518 Item L-109 Airport Transformer Vault and Vault Equipment

DESCRIPTION
109-1.1 This item shall consist of the installation of new constant current regulator (CCR) for airfield circuits indicated on the plans. This work shall also include the furnishing of all vault equipment, wiring, electrical buses, cable, conduit, potheads, and grounding systems. This work shall also include the painting of equipment and conduit; the marking and labeling of equipment and the labeling or tagging of wires; the testing of the installation; and the furnishing of all incidentals necessary to place it in operating condition as a completed unit to the satisfaction of the RPR.

EQUIPMENT AND MATERIALS
109-2.1 General.
a. Airport lighting equipment and materials covered by advisory circulars (AC) shall be certified in AC 150/5345-53, Airport Lighting Equipment Certification Program (ALECP) and listed in the ALECP Addendum.
b. All other equipment and materials covered by other referenced specifications shall be subject to acceptance through manufacturer’s certification of compliance with the applicable specification when requested by the RPR.
c. Manufacturer’s certifications shall not relieve the Contractor of the responsibility to provide materials per these specifications. Materials supplied and/or installed that do not comply with these specifications shall be removed (when directed by the RPR) and replaced with materials that comply with these specifications at the Contractor’s cost.
d. All materials and equipment used to construct this item shall be submitted to the RPR for approval prior to ordering the equipment. Submittals consisting of marked catalog sheets or shop drawings shall be provided in electronic format. Submittal data shall be presented in a clear, precise and thorough manner.

Clearly and boldly mark each copy to identify products or models applicable to this project. Indicate all optional equipment and delete any non-pertinent data. Submittals for components of electrical equipment and systems shall identify the equipment to which they apply on each submittal sheet. Markings shall be made bold and clear with arrows or circles (highlighting is not acceptable). The Contractor is solely responsible for delays in the project that may accrue directly or indirectly from late submissions or resubmissions of submittals.
e. The data submitted shall be sufficient, in the opinion of the RPR, to determine compliance with the plans and specifications. The Contractor’s submittals shall provided in electronic pdf format, tabbed by specification section. The RPR reserves the right to reject any and all equipment, materials or procedures that do not meet the system design and the standards and codes, specified in this document. f. All equipment and materials furnished and installed under this section shall be guaranteed against defects in materials and workmanship for a period of at least 12 months from final acceptance by the Owner. The defective materials and/or equipment shall be repaired or replaced, at the Owner’s discretion, with no additional cost to the Owner.

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Item L-109 Airport Transformer Vault and Vault Equipment 519

CONSTRUCTION OF VAULT AND PREFABRICATED METAL HOUSING
109-3.1 Electrical vault building. The electrical vault building must comply with NEC Article 110.31, Enclosure for Electrical Installations, Item (A) Electrical Vaults. Construct the building of materials having adequate structural strength for the conditions and installed location, has a minimum fire rating of two or three hours as determined by the authority having jurisdiction (AHJ), and is bullet resistant to minimum UL 752 Level 4.
109-3.2 FAA-approved equipment. Certain items of airport lighting equipment installed in vaults are covered by individual ACs listed below:

AC 150/5345-3 Specification for L-821, Panels for Remote Control of Airport Lighting AC 150/5345-5 Circuit Selector Switch
AC 150/5345-7 Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits
AC 150/5345-10 Specification for Constant Current Regulators and Regulator Monitors AC 150/5345-13 Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits.

AC 150/5345-49 Specification for L-854, Radio Control Equipment AC 150/5345-56 Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS)
109-3.3 Other electrical equipment. Distribution transformers, oil switches, cutouts, relays, terminal blocks, transfer relays, circuit breakers, and all other regularly used commercial items of electrical equipment not covered by FAA equipment specifications and ACs shall conform to the applicable rulings and standards of the Institute of Electrical and Electronic Engineers (IEEE) or the National Electrical Manufacturers Association (NEMA). When specified, test reports from a testing laboratory indicating that the equipment meets the specifications shall be supplied. In all cases, equipment shall be new and a first- grade product. This equipment shall be supplied in the quantities required for the specific project and shall incorporate the electrical and mechanical characteristics specified in the proposal and plans.

Equipment selected and installed by the Contractor shall maintain the interrupting current rating of the existing systems or specified rating whichever is greater. 109-3.4 Wire. Wire (in conduit) rated up to 5,000 volts shall be per AC 150/5345-7, Specification for L- 824 Underground Electrical Cables for Airport Lighting Circuits. For ratings up to 600 volts, moisture and heat resistant thermoplastic wire conforming to Commercial Item Description A-A-59544A Type THWN-2 shall be used. The wires shall be of the type, size, number of conductors, and voltage shown in the plans or in the proposal.
a. Control circuits. Unless otherwise indicated on the plans, wire shall be not less than No. 12 American wire gauge (AWG) and shall be insulated for 600 volts. If telephone control cable is specified, No. 19 AWG telephone cable per ANSI/Insulated Cable Engineers Association (ICEA) S-85-625 specifications shall be used.
b. Power circuits.
(1) 600 volts maximum – Wire shall be No. 6 AWG or larger and insulated for at least 600 volts. (2) 3,000 volts maximum – Wire shall be No. 6 AWG or larger and insulated for at least 3,000 volts.
(3) Over 3,000 volts-Wire shall be No. 6 AWG or larger and insulated for at least the circuit voltage.

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Item L-109 Airport Transformer Vault and Vault Equipment 520 109-3.5 Short circuit / coordination / device evaluation / arc flash analysis. The Contractor shall, based upon the equipment provided, include as a part of the submittal process the electrical system “Short Circuit / Coordination / Device evaluation / Arc Flash Analysis”. The analysis shall be performed by the equipment manufacturer and submitted in a written report. The analysis shall be signed and sealed by a registered professional Engineer from the state in which the project is located. The analysis shall comply with NFPA-70E and IEEE 1584.

The analysis will include: one line diagrams, short circuit analysis, coordination analysis, equipment evaluation, arc flash analysis and arc flash labels containing at a minimum, equipment name, voltage/current rating, available incident energy and flash protection boundary.

The selected firms field service Engineer shall perform data gathering for analysis completion and device settings, perform device setting as recommended by the analysis and will furnish and install the arc flash labels. The components worst case incident energy will be considered the available arc flash energy at that specific point in the system. Submit three written copies and one electronic copy of the report.

CONSTRUCTION METHODS

INSTALLATION OF EQUIPMENT IN VAULT OR PREFABRICATED METAL HOUSING 109-4.1 General. The Contractor shall furnish, install, and connect all equipment, equipment accessories, conduit, cables, wires, buses, grounds, and support necessary to ensure a complete and operable electrical distribution center for the airport lighting system as specified herein and shown in the plans. When specified, an emergency power supply and transfer switch shall be provided and installed.

The equipment installation and mounting shall comply with the requirements of the National Electrical Code and local code agency having jurisdiction. All electrical work shall comply with the NEC and local code agency having jurisdiction including the separation of under 600V work from 5,000V work.” 109-4.2 Power supply equipment. Transformers, regulators, booster transformers, and other power supply equipment items shall be furnished and installed at the location shown in the plans or as directed by the RPR. The power supply equipment shall be set on steel “H” sections, “I” beams, channels, or concrete blocks to provide a minimum space of 1-1/2 inch (38 mm) between the equipment and the floor.

The equipment shall be placed so as not to obstruct the oil-sampling plugs of the oil-filled units; and name-plates shall, so far as possible, not be obscured.

If specified in the plans and specifications, equipment for an alternate power source or an emergency power generator shall be furnished and installed. The alternate power supply installation shall include all equipment, accessories, an automatic changeover switch, and all necessary wiring and connections. The emergency power generator set shall be the size and type specified. 109-4.3 Switchgear and panels. Oil switches, fused cutouts, relays, transfer switches, panels, panel boards, and other similar items shall be furnished and installed at the location shown in the plans or as directed by the RPR. Wall or ceiling mounted items shall be attached to the wall or ceiling with galvanized bolts of not less than 3/8-inch (9 mm) diameter engaging metal expansion shields or anchors in masonry or concrete vaults.
109-4.4 Duct and conduit. The Contractor shall furnish and install square-type exposed metallic ducts with hinged covers for the control circuits in the vault. These shall be mounted along the walls behind all floor-mounted equipment and immediately below all wall-mounted equipment. The hinged covers shall be placed to open from the front side with the hinges at the front bottom.

Wall brackets for square ducts shall be installed at all joints 2 feet (60 cm) or more apart with intermediate brackets as specified. Conduit shall be used between square ducts and equipment or between A.10.d
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Item L-109 Airport Transformer Vault and Vault Equipment 521 different items of equipment when the equipment is designed for conduit connection. When the equipment is not designed for conduit connection, conductors shall enter the square-type control duct through insulating bushings in the duct or on the conduit risers. 109-4.5 Wiring and connections. The Contractor shall make all necessary electrical connections in the vault per the wiring diagrams furnished and as directed by the RPR. In wiring to the terminal blocks, the Contractor shall leave sufficient extra length on each control lead to make future changes in connections at the terminal block. This shall be accomplished by running each control lead the longest way around the box to the proper terminal. Leads shall be neatly laced in place. 109-4.6 Marking and labeling. All equipment, control wires, terminal blocks, etc., shall be tagged, marked, or labeled as specified below:
a. Wire identification. The Contractor shall furnish and install self-sticking wire labels or identifying tags on all control wires at the point where they connect to the control equipment or to the terminal blocks. Wire labels, if used, shall be of the self-sticking preprinted type and of the manufacturer’s recommended size for the wire involved. Identification -markings designated in the plans shall be followed. Tags, if used, shall be of fiber not less than 3/4 inch (19 mm) in diameter and not less than 1/32 inch (1 mm) thick. Identification markings designated in the plans shall be stamped on tags by means of small tool dies. Each tag shall be securely tied to the proper wire by a nonmetallic cord. b. Labels. The Contractor shall stencil identifying labels on the cases of regulators, breakers, and distribution and control relay cases with white oil paint as designated by the RPR. The letters and numerals shall be not less than one inch (25 mm) in height and shall be of proportionate width. The Contractor shall also mark the correct circuit designations per the wiring diagram on the terminal marking strips, which are a part of each terminal block.

METHOD OF MEASUREMENT
109-5.1 The quantity of equipment to be paid for under this item shall consist of all equipment installed, connected and accepted as a complete unit ready for operation within an existing vault or prefabricated metal housing. The regulator will be 240V, 3 step, ferroresonant with new 50A/2P circuit breaker installed in location of existing Runway 6-24 constant current regulator within existing lighting vault.

BASIS OF PAYMENT
109-5.1 Payment will be made at the contract unit price for each completed and accepted ferroresonant Constant Current Regulator. This price shall be full compensation for furnishing all materials and for all preparation, assembly, and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete the item.

Payment will be made under:

Item L-109-6.1 New 7.5 kW Ferroresonant Regulator - per each A.10.d
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Item L-110 Airport Underground Electrical Duct Banks and Conduits 522 Item L-110 Airport Underground Electrical Duct Banks and Conduits

DESCRIPTION
110-1.1 This item shall consist of underground electrical conduits and duct banks (single or multiple conduits encased in concrete, buried in sand or directionally bored) installed per this specification at the locations and per the dimensions, designs, and details shown on the plans. This item shall include furnishing and installing of all underground electrical duct banks and individual and multiple underground conduits. It shall also include all trenching, backfilling, removal, and restoration of any paved or turfed areas; concrete encasement, mandrelling, pulling lines, duct markers, plugging of conduits, and the testing of the installation as a completed system ready for installation of cables per the plans and specifications. This item shall also include furnishing and installing conduits and all incidentals for providing positive drainage of the system. Verification of existing ducts is incidental to the pay items provided in this specification.

EQUIPMENT AND MATERIALS
110-2.1 General.
a. All equipment and materials covered by referenced specifications shall be subject to acceptance through manufacturer’s certification of compliance with the applicable specification when requested by the Resident Project Representative (RPR).
b. Manufacturer’s certifications shall not relieve the Contractor of the responsibility to provide materials per these specifications and acceptable to the RPR. Materials supplied and/or installed that do not comply with these specifications shall be removed, when directed by the RPR and replaced with materials, that comply with these specifications, at the Contractor’s cost. c. All materials and equipment used to construct this item shall be submitted to the RPR for approval prior to ordering the equipment. Submittals consisting of marked catalog sheets or shop drawings shall be provided in electronic format. Submittal data shall be presented in a clear, precise and thorough manner.

Original catalog sheets are preferred. Photocopies are acceptable provided they are as good a quality as the original. Clearly and boldly mark each copy to identify products or models applicable to this project.

Indicate all optional equipment and delete non-pertinent data. Submittals for components of electrical equipment and systems shall identify the equipment for which they apply on each submittal sheet.

Markings shall be made bold and clear with arrows or circles (highlighting is not acceptable). The Contractor is solely responsible for delays in project that accrue directly or indirectly from late submissions or resubmissions of submittals.
d. The data submitted shall be sufficient, in the opinion of the RPR, to determine compliance with the plans and specifications. The Contractor’s submittals shall be in PDF format. The RPR reserves the right to reject any and all equipment, materials or procedures that do not meet the system design and the standards and codes specified in this document.
e. All equipment and materials furnished and installed under this section shall be guaranteed against defects in materials and workmanship for a period of at least 12 months from final acceptance by the Owner. The defective materials and/or equipment shall be repaired or replaced, at the Owner’s discretion, with no additional cost to the Owner.

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Item L-110 Airport Underground Electrical Duct Banks and Conduits 523 110-2.2 Steel conduit. Rigid galvanized steel (RGS) conduit and fittings shall be hot dipped galvanized inside and out and conform to the requirements of Underwriters Laboratories Standards 6, 514B, and 1242. All RGS conduits or RGS elbows installed below grade, in concrete, permanently wet locations or other similar environments shall be painted with a 10-mil thick coat of asphaltum sealer or shall have a factory-bonded polyvinyl chloride (PVC) cover. Any exposed galvanizing or steel shall be coated with 10 mils of asphaltum sealer. When using PVC coated RGS conduit, care shall be exercised not to damage the factory PVC coating. Damaged PVC coating shall be repaired per the manufacturer's written instructions. In lieu of PVC coated RGS, corrosion wrap tape shall be permitted to be used where RGS is in contact with direct earth.”
110-2.3 Plastic conduit. Plastic conduit and fittings-shall conform to the following requirements:
· UL 514B covers W-C-1094-Conduit fittings all types, classes 1 thru 3 and 6 thru 10.

· UL 514C covers W-C-1094- all types, Class 5 junction box and cover in plastic (PVC). · UL 651 covers W-C-1094-Rigid PVC Conduit, types I and II, Class 4. · UL 651A covers W-C-1094-Rigid PVC Conduit and high-density polyethylene (HDPE) Conduit type III and Class 4.

Underwriters Laboratories Standards UL-651 and Article 352 of the current National Electrical Code shall be one of the following, as shown on the plans:
a. Type I–Schedule 40 and Schedule 80 PVC suitable for underground use either direct-buried or encased in concrete.
b. Type II–Schedule 40 PVC suitable for either above ground or underground use. c. Type III – Schedule 80 PVC suitable for either above ground or underground use either direct- buried or encased in concrete.
d. Type III –HDPE pipe, minimum standard dimensional ratio (SDR) 11, suitable for placement with directional boring under pavement.

The type of solvent cement shall be as recommended by the conduit/fitting manufacturer. 110-2.4 Split conduit. Split conduit shall be pre-manufactured for the intended purpose and shall be made of steel or plastic.
110-2.5 Conduit spacers. Conduit spacers shall be prefabricated interlocking units manufactured for the intended purpose. They shall be of double wall construction made of high grade, high density polyethylene complete with interlocking cap and base pads. They shall be designed to accept No. 4 reinforcing bars installed vertically.
110-2.6 Concrete. Concrete shall be proportioned, placed, and cured per Item P-610, Concrete for Miscellaneous Structures.
110-2.7 Precast concrete structures. Precast concrete structures shall be furnished by a plant meeting National Precast Concrete Association Plant Certification Program or another RPR approved third party certification program. Precast concrete structures shall conform to ASTM C478. 110-2.8 Flowable backfill. Flowable material used to back fill conduit and duct bank trenches shall conform to the requirements of Item P-153, Controlled Low Strength Material. 110-2.9 Detectable warning tape. Plastic, detectable, American Public Works Association (APWA) red (electrical power lines, cables, conduit and lighting cable), orange (telephone/fiber optic cabling) with continuous legend magnetic tape shall be polyethylene film with a metallized foil core and shall be 3-6 inches wide. Detectable tape is incidental to the respective bid item. Detectable tape for power ducts and A.10.d
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Item L-110 Airport Underground Electrical Duct Banks and Conduits 524 conduit shall be inscribed with “ELECTRICAL LINE BELOW” or similar verbiage. Detectable tape for communication ducts or conduit shall be inscribed with “COMMUNICATION LINE BELOW” or similar verbiage.

CONSTRUCTION METHODS
110-3.1 General. The Contractor shall install underground duct banks and conduits at the approximate locations indicated on the plans. The RPR shall indicate specific locations as the work progresses, if required to differ from the plans. Duct banks and conduits shall be of the size, material, and type indicated on the plans or specifications. Where no size is indicated on the plans or in the specifications, conduits shall be not less than 2 inches inside diameter or comply with the National Electrical Code based on cable to be installed, whichever is larger. All duct bank and conduit lines shall be laid so as to grade toward access points and duct or conduit ends for drainage. Unless shown otherwise on the plans, grades shall be at least 3 inches per 100 feet. On runs where it is not practicable to maintain the grade all one way, the duct bank and conduit lines shall be graded from the center in both directions toward access points or conduit ends, with a drain into the storm drainage system. Pockets or traps where moisture may accumulate shall be avoided. Under pavement, the top of the duct bank shall not be less than 18 inches below the subgrade; in other locations, the top of the duct bank or underground conduit shall not be less than 18 inches below finished grade.

The Contractor shall mandrel each individual conduit whether the conduit is direct-buried or part of a duct bank. An iron-shod mandrel, not more than 1/4 inch smaller than the bore of the conduit shall be pulled or pushed through each conduit. The mandrel shall have a leather or rubber gasket slightly larger than the conduit hole.

The Contractor shall swab out all conduits/ducts and clean base can, manhole, pull boxes, etc., interiors IMMEDIATELY prior to pulling cable. Once cleaned and swabbed the light bases, manholes, pull boxes, etc., and all accessible points of entry to the duct/conduit system shall be kept closed except when installing cables. Cleaning of ducts, base cans, manholes, etc., is incidental to the pay item of the item being cleaned. All raceway systems left open, after initial cleaning, for any reason shall be recleaned at the Contractor’s expense. All accessible points shall be kept closed when not installing cable. The Contractor shall verify existing ducts proposed for use in this project as clear and open. The Contractor shall notify the RPR of any blockage in the existing ducts.

For pulling the permanent wiring, each individual conduit, whether the conduit is direct-buried or part of a duct bank, shall be provided with a 200-pound (90 kg) test polypropylene pull rope. The ends shall be secured and sufficient length shall be left in access points to prevent it from slipping back into the conduit. Where spare conduits are installed, as indicated on the plans, the open ends shall be plugged with removable tapered plugs, designed for this purpose.

All conduits shall be securely fastened in place during construction and shall be plugged to prevent contaminants from entering the conduits. Any conduit section having a defective joint shall not be installed. Ducts shall be supported and spaced apart using approved spacers at intervals not to exceed 5 feet (1.5 m).

Unless otherwise shown on the plans, concrete encased duct banks shall be used when crossing under pavements expected to carry aircraft loads, such as runways, taxiways, taxilanes, ramps and aprons. When under paved shoulders and other paved areas, conduit and duct banks shall be encased using flowable fill for protection.

All conduits within concrete encasement of the duct banks shall terminate with female ends for ease in current and future use. Install factory plugs in all unused ends. Do not cover the ends or plugs with concrete.

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Item L-110 Airport Underground Electrical Duct Banks and Conduits 525 Where turf is well established and the sod can be removed, it shall be carefully stripped and properly stored.

Trenches for conduits and duct banks may be excavated manually or with mechanical trenching equipment unless in pavement, in which case they shall be excavated with mechanical trenching equipment. Walls of trenches shall be essentially vertical so that a minimum of shoulder surface is disturbed. Blades of graders shall not be used to excavate the trench.

When rock is encountered, the rock shall be removed to a depth of at least 3 inches (75 mm) below the required conduit or duct bank depth and it shall be replaced with bedding material of earth or sand containing no mineral aggregate particles that would be retained on a 1/4-inch (6.3 mm) sieve. Flowable backfill may alternatively be used . The Contractor shall ascertain the type of soil or rock to be excavated before bidding. All such rock removal shall be performed and paid for under Item P-152.

Underground electrical warning (Caution) tape shall be installed in the trench above all underground duct banks and conduits in unpaved areas. Contractor shall submit a sample of the proposed warning tape for approval by the RPR. If not shown on the plans, the warning tape shall be located 6 inches above the duct/conduit or the counterpoise wire if present.

Joints in plastic conduit shall be prepared per the manufacturer’s recommendations for the particular type of conduit. Plastic conduit shall be prepared by application of a plastic cleaner and brushing a plastic solvent on the outside of the conduit ends and on the inside of the couplings. The conduit fitting shall then be slipped together with a quick one-quarter turn twist to set the joint tightly. Where more than one conduit is placed in a single trench, or in duct banks, joints in the conduit shall be staggered a minimum of 2 feet (60 cm).

Changes in direction of runs exceeding 10 degrees, either vertical or horizontal, shall be accomplished using manufactured sweep bends.

Whether or not specifically indicated on the drawings, where the soil encountered at established duct bank grade is an unsuitable material, as determined by the RPR, the unsuitable material shall be removed per Item P-152 and replaced with suitable material. Additional duct bank supports shall be installed, as approved by the RPR.

All excavation shall be unclassified and shall be considered incidental to Item L-110. Dewatering necessary for duct installation, and erosion per federal, state, and local requirements is incidental to Item L-110.

Unless otherwise specified, excavated materials that are deemed by the RPR to be unsuitable for use in backfill or embankments shall be removed and disposed of offsite.

Any excess excavation shall be filled with suitable material approved by the RPR and compacted per Item P-152.

It is the Contractor’s responsibility to locate existing utilities within the work area prior to excavation.

Where existing active cables) cross proposed installations, the Contractor shall ensure that these cables are adequately protected. Where crossings are unavoidable, no splices will be allowed in the existing cables, except as specified on the plans. Installation of new cable where such crossings must occur shall proceed as follows:
a. Existing cables shall be located manually. Unearthed cables shall be inspected to assure absolutely no damage has occurred
b. Trenching, etc., in cable areas shall then proceed with approval of the RPR, with care taken to minimize possible damage or disruption of existing cable, including careful backfilling in area of cable.

In the event that any previously identified cable is damaged during the course of construction, the Contractor shall be responsible for the complete repair.

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Item L-110 Airport Underground Electrical Duct Banks and Conduits 526 110-3.2 Duct banks. Unless otherwise shown in the plans, duct banks shall be installed so that the top of the concrete envelope is not less than 18 inches (0.5 m) below the bottom of the base or stabilized base course layers where installed under runways, taxiways, aprons, or other paved areas, and not less than 18 inches (0.5 m) below finished grade where installed in unpaved areas.

Unless otherwise shown on the plans, duct banks under paved areas shall extend at least 3 feet (1 m) beyond the edges of the pavement or 3 feet (1 m) beyond any under drains that may be installed alongside the paved area. Trenches for duct banks shall be opened the complete length before concrete is placed so that if any obstructions are encountered, provisions can be made to avoid them. Unless otherwise shown on the plans, all duct banks shall be placed on a layer of concrete not less than 3 inches (75 mm) thick prior to its initial set. The Contractor shall space the conduits not less than 3 inches (75 mm) apart (measured from outside wall to outside wall). All such multiple conduits shall be placed using conduit spacers applicable to the type of conduit. As the conduit laying progresses, concrete shall be placed around and on top of the conduits not less than 3 inches (75 mm) thick unless otherwise shown on the plans. All conduits shall terminate with female ends for ease of access in current and future use. Install factory plugs in all unused ends. Do not cover the ends or plugs with concrete.

Conduits forming the duct bank shall be installed using conduit spacers. No. 4 reinforcing bars shall be driven vertically into the soil a minimum of 6 inches (150 mm) to anchor the assembly into the earth prior to placing the concrete encasement. For this purpose, the spacers shall be fastened down with locking collars attached to the vertical bars. Spacers shall be installed at 5-foot (1.5-m) intervals. Spacers shall be in the proper sizes and configurations to fit the conduits. Locking collars and spacers shall be submitted to the RPR for review prior to use.

When specified, the Contractor shall reinforce the bottom side and top of encasements with steel reinforcing mesh or fabric or other approved metal reinforcement. When directed, the Contractor shall supply additional supports where the ground is soft and boggy, where ducts cross under roadways, or where shown on the plans. Under such conditions, the complete duct structure shall be supported on reinforced concrete footings, piers, or piles located at approximately 5-foot (1.5-m) intervals.

All pavement surfaces that are to have ducts installed therein shall be neatly saw cut to form a vertical face. All excavation shall be included in the contract unit price for the duct.

Install a plastic, detectable, color as noted, 3 to 6 inches (75 to 150 mm) wide tape, 8 inches (200 mm) minimum below grade above all underground conduit or duct lines not installed under pavement. Utilize the 3-inch (75-mm) wide tape only for single conduit runs. Utilize the 6-inch (150-mm) wide tape for multiple conduits and duct banks. For duct banks equal to or greater than 24 inches (600 mm) in width, utilize more than one tape for sufficient coverage and identification of the duct bank as required.

When existing cables are to be placed in split duct, encased in concrete, the cable shall be carefully located and exposed by hand tools. Prior to being placed in duct, the RPR shall be notified so that he may inspect the cable and determine that it is in good condition. Where required, split duct shall be installed as shown on the drawings or as required by the RPR.
110-3.3 Conduits without concrete encasement. Trenches for single-conduit lines shall be not less than 6 inches (150 mm) nor more than 12 inches (300 mm) wide. The trench for 2 or more conduits installed at the same level shall be proportionately wider. Trench bottoms for conduits without concrete encasement shall be made to conform accurately to grade so as to provide uniform support for the conduit along its entire length.

Unless otherwise shown on the plans, a layer of fine earth material, at least 4 inches (100 mm) thick (loose measurement) shall be placed in the bottom of the trench as bedding for the conduit. The bedding material shall consist of soft dirt, sand or other fine fill, and it shall contain no particles that would be retained on a 1/4-inch (6.3 mm) sieve. The bedding material shall be tamped until firm. Flowable backfill may alternatively be used.

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Item L-110 Airport Underground Electrical Duct Banks and Conduits 527 Unless otherwise shown on plans, conduits shall be installed so that the tops of all conduits within the Airport’s secured area where trespassing is prohibited are at least 18 inches (0.5 m) below the finished grade. Conduits outside the Airport’s secured area shall be installed so that the tops of the conduits are at least 24 inches (60 cm) below the finished grade per National Electric Code (NEC), Table 300.5.

When two or more individual conduits intended to carry conductors of equivalent voltage insulation rating are installed in the same trench without concrete encasement, they shall be spaced not less than 3 inches (75 mm) apart (measured from outside wall to outside wall) in a horizontal direction and not less than 3 inches (75 mm) apart in a vertical direction. Where two or more individual conduits intended to carry conductors of differing voltage insulation rating are installed in the same trench without concrete encasement, they shall be placed not less than 3 inches (75 mm) apart (measured from outside wall to outside wall) in a horizontal direction and lot less than 6 inches (150 mm) apart in a vertical direction.

Trenches shall be opened the complete length between normal termination points before conduit is installed so that if any unforeseen obstructions are encountered, proper provisions can be made to avoid them.

Conduits shall be installed using conduit spacers. No. 4 reinforcing bars shall be driven vertically into the soil a minimum of 6 inches (150 mm) to anchor the assembly into the earth while backfilling. For this purpose, the spacers shall be fastened down with locking collars attached to the vertical bars. Spacers shall be installed at 5-foot (1.5-m) intervals. Spacers shall be in the proper sizes and configurations to fit the conduits. Locking collars and spacers shall be submitted to the RPR for review prior to use. 110-3.4 Markers. The location of each end and of each change of direction of conduits and duct banks shall be marked by a concrete slab marker 2 feet (60 cm) square and 4 - 6 inches (100 - 150 mm) thick extending approximately one inch (25 mm) above the surface. The markers shall also be located directly above the ends of all conduits or duct banks, except where they terminate in a junction/access structure or building. Each cable or duct run from a line of lights and signs to the equipment vault must be marked at approximately every 200 feet (61 m) along the cable or duct run, with an additional marker at each change of direction of cable or duct run.

The Contractor shall impress the word “DUCT” or “CONDUIT” on each marker slab. Impression of letters shall be done in a manner, approved by the RPR, for a neat, professional appearance. All letters and words must be neatly stenciled. After placement, all markers shall be given one coat of high-visibility orange paint, as approved by the RPR. The Contractor shall also impress on the slab the number and size of conduits beneath the marker along with all other necessary information as determined by the RPR. The letters shall be 4 inches (100 mm) high and 3 inches (75 mm) wide with width of stroke 1/2 inch (12 mm) and 1/4 inch (6 mm) deep or as large as the available space permits. Furnishing and installation of duct markers is incidental to the respective duct pay item.
110-3.5 Backfilling for conduits. For conduits, 8 inches (200 mm) of sand, soft earth, or other fine fill (loose measurement) shall be placed around the conduits ducts and carefully tamped around and over them with hand tampers. The remaining trench shall then be backfilled and compacted per Item P-152 except that material used for back fill shall be select material not larger than 4 inches (100 mm) in diameter.

Flowable backfill may alternatively be used.

Trenches shall not contain pools of water during back filling operations.

The trench shall be completely backfilled and tamped level with the adjacent surface; except that, where sod is to be placed over the trench, the backfilling shall be stopped at a depth equal to the thickness of the sod to be used, with proper allowance for settlement.

Any excess excavated material shall be removed and disposed of per instructions issued by the RPR.

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Item L-110 Airport Underground Electrical Duct Banks and Conduits 528 110-3.6 Backfilling for duct banks. After the concrete has cured, the remaining trench shall be backfilled and compacted per Item P-152 “Excavation and Embankment” except that the material used for backfill shall be select material not larger than 4 inches (100 mm) in diameter. In addition to the requirements of Item P-152, where duct banks are installed under pavement, one moisture/density test per lift shall be made for each 250 linear feet (76 m) of duct bank or one work period’s construction, whichever is less.

Flowable backfill may alternatively be used.

Trenches shall not contain pools of water during backfilling operations.

Any excess excavated material shall be removed and disposed of per instructions issued by the RPR. 110-3.7 Restoration. Where sod has been removed, it shall be replaced as soon as possible after the backfilling is completed. All areas disturbed by the work shall be restored to its original condition. The restoration shall include mulching shown on the plans. The Contractor shall be held responsible for maintaining all disturbed surfaces and replacements until final acceptance. All restoration shall be considered incidental to the respective L-110 pay item. Following restoration of all trenching near airport movement surfaces, the Contractor shall thoroughly visually inspect the area for foreign object debris (FOD), and remove any such FOD that is found. This FOD inspection and removal shall be considered incidental to the pay item of which it is a component part.

METHOD OF MEASUREMENT
110-4.1 Underground conduits and duct banks shall be measured by the linear feet of conduits and duct banks installed, including encasement, locator tape, trenching and backfill with designated material, and restoration, all measured in place, completed, and accepted. Separate measurement shall be made for the various types and sizes.

BASIS OF PAYMENT
110-5.1 Payment will be made at the contract unit price per linear foot for each type and size of conduit and duct bank completed and accepted, including trench and backfill with the designated material, and, for drain lines, the termination at the drainage structure. This price shall be full compensation for furnishing all materials and for all preparation, assembly, and installation of these materials, and for all labor, equipment, tools, and incidentals necessary to complete this item per the provisions and intent of the plans and specifications.

Payment will be made under:

Item L-110-5.1 Non-Encased Schedule 40 PVC Conduit, 1-Way 2” - per linear foot Item L-110-5.2 Concrete Encased Conduit, 1-Way 2” - per linear foot Item L-110-5.3 Directional Bore Schedule 80 HDPE Conduit, 1-Way 2” – per linear foot

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Item L-110 Airport Underground Electrical Duct Banks and Conduits 529

REFERENCES
The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

Advisory Circular (AC)
AC 150/5340-30 Design and Installation Details for Airport Visual Aids AC 150/5345-53 Airport Lighting Equipment Certification Program ASTM International (ASTM)
ASTM A615 Standard Specification for Deformed and Plain Carbon-Steel Bars for Concrete Reinforcement
National Fire Protection Association (NFPA)
NFPA-70 National Electrical Code (NEC)
Underwriters Laboratories (UL)
UL Standard 6 Electrical Rigid Metal Conduit - Steel
UL Standard 514B Conduit, Tubing, and Cable Fittings
UL Standard 514C Nonmetallic Outlet Boxes, Flush-Device Boxes, and Covers UL Standard 1242 Electrical Intermediate Metal Conduit Steel UL Standard 651 Schedule 40, 80, Type EB and A Rigid PVC Conduit and Fittings UL Standard 651A Type EB and A Rigid PVC Conduit and HDPE Conduit END OF ITEM L-110

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Item L-110 Airport Underground Electrical Duct Banks and Conduits 530 Page Intentionally Blank

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Item L-115 Electrical Manholes and Junction Structures 531 Item L-115 Electrical Manholes and Junction Structures

DESCRIPTION
115-1.1 This item shall consist of electrical manholes and junction structures (hand holes, pull boxes, junction cans, etc.) installed per this specification, at the indicated locations and conforming to the lines, grades and dimensions shown on the plans or as required by the Resident Project Representative (RPR).

This item shall include the installation of each electrical manhole and/or junction structures with all associated excavation, backfilling, sheeting and bracing, concrete, reinforcing steel, ladders, appurtenances, testing, dewatering and restoration of surfaces to the satisfaction of the RPR.

EQUIPMENT AND MATERIALS
115-2.1 General.
a. All equipment and materials covered by referenced specifications shall be subject to acceptance through manufacturer’s certification of compliance with the applicable specification when so requested by the RPR.
b. Manufacturer’s certifications shall not relieve the Contractor of the responsibility to provide materials per these specifications. Materials supplied and/or installed that do not comply with these specifications shall be removed (when directed by the RPR) and replaced with materials that comply with these specifications at the Contractor’s cost.
c. All materials and equipment used to construct this item shall be submitted to the RPR for approval prior to ordering the equipment. Submittals consisting of marked catalog sheets or shop drawings shall be provided. Submittal data shall be presented in a clear, precise and thorough manner. Original catalog sheets are preferred. Photocopies are acceptable provided they are as good a quality as the original.

Clearly and boldly mark each copy to identify products or models applicable to this project. Indicate all optional equipment and delete any non-pertinent data. Submittals for components of electrical equipment and systems shall identify the equipment to which they apply on each submittal sheet. Markings shall be made bold and clear with arrows or circles (highlighting is not acceptable). The Contractor is solely responsible for delays in the project that may accrue directly or indirectly from late submissions or resubmissions of submittals.
d. The data submitted shall be sufficient, in the opinion of the RPR, to determine compliance with the plans and specifications. The Contractor’s submittals shall be neatly bound in a properly sized 3-ring binder, tabbed by specification section. The RPR reserves the right to reject any and all equipment, materials or procedures that do not meet the system design and the standards and codes, specified in this document.
e. All equipment and materials furnished and installed under this section shall be guaranteed against defects in materials and workmanship for a period of at least twelve (12) months from the date of final acceptance by the Owner. The defective materials and/or equipment shall be repaired or replaced, at the Owner’s discretion, with no additional cost to the Owner. 115-2.2 Concrete structures. Concrete shall be proportioned, placed, and cured per Item P-610, Concrete for Miscellaneous Structures. Cast-in-place concrete structures shall be as shown on the plans.

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Item L-115 Electrical Manholes and Junction Structures 532 115-2.3 Precast concrete structures. Precast concrete structures shall be furnished by a plant meeting National Precast Concrete Association Plant Certification Program or another engineer approved third party certification program. Provide precast concrete structures where shown on the plans.

Precast concrete structures shall be an approved standard design of the manufacturer. Precast units shall have mortar or bitumastic sealer placed between all joints to make them watertight. The structure shall be designed to withstand 80,000 lb aircraft loads, unless otherwise shown on the plans. Openings or knockouts shall be provided in the structure as detailed on the plans.

Threaded inserts and pulling eyes shall be cast in as shown on the plans.

If the Contractor chooses to propose a different structural design, signed and sealed shop drawings, design calculations, and other information requested by the RPR shall be submitted by the Contractor to allow for a full evaluation by the RPR. The RPR shall review per the process defined in the General Provisions. 115-2.4 Junction cans. Junction cans shall be L-867 Size D Class 1 (non-load bearing) or L-868 Size C Class 1 (load bearing) airport light bases that are encased in concrete. The light bases shall have a L-894 blank cover, gasket, and stainless steel hardware. All bolts, studs, nuts, lock washers, and other similar fasteners used for the light fixture assemblies must be fabricated from 316L (equivalent to EN 1.4404), 18-8, 410, or 416 stainless steel. If 18-8, 410, or 416 stainless steel is utilized it shall be passivated and be free from any discoloration. Covers shall be 3/8-inch (9-mm) thickness for L-867 and 3/4-inch (19-mm) thickness for L-868. All junction boxes shall be provided with both internal and external ground lugs. 115-2.5 Mortar. The mortar shall be composed of one part of cement and two parts of mortar sand, by volume. The cement shall be per the requirements in ASTM C150, Type I. The sand shall be per the requirements in ASTM C144. Hydrated lime may be added to the mixture of sand and cement in an amount not to exceed 15% of the weight of cement used. The hydrated lime shall meet the requirements of ASTM C206. Water shall be potable, reasonably clean and free of oil, salt, acid, alkali, sugar, vegetable, or other substances injurious to the finished product. 115-2.6 Concrete. All concrete used in structures shall conform to the requirements of Item P-610, Concrete for Miscellaneous Structures.
115-2.7 Frames and covers. The frames shall conform to one of the following requirements:
a. ASTM A48 Gray iron castings
b. ASTM A47 Malleable iron castings
c. ASTM A27 Steel castings
d. ASTM A283, Grade D Structural steel for grates and frames e. ASTM A536 Ductile iron castings
f. ASTM A897 Austempered ductile iron castings
All castings specified shall withstand a maximum tire pressure of 250 psi and maximum load of 80,000 lbs.

All castings or structural steel units shall conform to the dimensions shown on the plans and shall be designed to support the loadings specified.

Each frame and cover unit shall be provided with fastening members to prevent it from being dislodged by traffic, but which will allow easy removal for access to the structure.

All castings shall be thoroughly cleaned. After fabrication, structural steel units shall be galvanized to meet the requirements of ASTM A123.

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Item L-115 Electrical Manholes and Junction Structures 533 Each cover shall have the word “ELECTRIC” or other approved designation cast on it. FAA covers shall have the word “FAA” or other approved FAA designation cast on it. Each frame and cover shall be as shown on the plans or approved equivalent. No cable notches are required. 115-2.8 Ladders. LNot required.
115-2.9 Reinforcing steel. All reinforcing steel shall be deformed bars of new billet steel meeting the requirements of ASTM A615, Grade 60.
115-2.10 Bedding/special backfill. Bedding or special backfill shall be as shown on the plans. 115-2.11 Flowable backfill. Flowable material used to backfill shall conform to the requirements of Item P-153, Controlled Low Strength Material.
115-2.12 Cable trays. Cable trays shall be of galvanized steel with non-metallic insulators. Cable trays shall be located as shown on the plans. 115-2.13 Plastic conduit. Plastic conduit shall comply with Item L-110, Airport Underground Electrical Duct Banks and Conduits.
115-2.14 Conduit terminators. Conduit terminators shall be pre-manufactured for the specific purpose and sized as required or as shown on the plans.
115-2.15 Pulling-in irons. Pulling-in irons shall be manufactured with 7/8-inch (22 mm) diameter hot- dipped galvanized steel or stress-relieved carbon steel roping designed for concrete applications (7 strand, 1/2-inch (12 mm) diameter with an ultimate strength of 270,000 psi (1862 MPa)). Where stress-relieved carbon steel roping is used, a rustproof sleeve shall be installed at the hooking point and all exposed surfaces shall be encapsulated with a polyester coating to prevent corrosion. 115-2.16 Ground rods. Ground rods shall be one piece, copper clad steel. The ground rods shall be of the length and diameter specified on the plans, but in no case shall they be less than 10 feet long nor less than 3/4 inch in diameter.

CONSTRUCTION METHODS
115-3.1 Unclassified excavation. It is the Contractor’s responsibility to locate existing utilities within the work area prior to excavation. Damage to utility lines, through lack of care in excavating, shall be repaired or replaced to the satisfaction of the RPR without additional expense to the Owner.

The Contractor shall perform excavation for structures and structure footings to the lines and grades or elevations shown on the plans or as staked by the RPR. The excavation shall be of sufficient size to permit the placing of the full width and length of the structure or structure footings shown.

All excavation shall be unclassified and shall be considered incidental to Item L-115. Dewatering necessary for structure installation and erosion per federal, state, and local requirements is incidental to Item L-115.

Boulders, logs and all other objectionable material encountered in excavation shall be removed. All rock and other hard foundation material shall be cleaned of all loose material and cut to a firm surface either level, stepped or serrated, as directed by the RPR. All seams, crevices, disintegrated rock and thin strata shall be removed. When concrete is to rest on a surface other than rock, special care shall be taken not to disturb the bottom of the excavation. Excavation to final grade shall not be made until just before the concrete or reinforcing is to be placed.

The Contractor shall provide all bracing, sheeting and shoring necessary to implement and protect the excavation and the structure as required for safety or conformance to governing laws. The cost of bracing, sheeting and shoring shall be included in the unit price bid for the structure.

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Item L-115 Electrical Manholes and Junction Structures 534 Unless otherwise provided, bracing, sheeting and shoring involved in the construction of this item shall be removed by the Contractor after the completion of the structure. Removal shall be effected in a manner that will not disturb or mar finished masonry. The cost of removal shall be included in the unit price bid for the structure.

After each excavation is completed, the Contractor shall notify the RPR. Structures shall be placed after the RPR has approved the depth of the excavation and the suitability of the foundation material.

Prior to installation the Contractor shall provide a minimum of 6 inches (150 mm) of sand or a material approved by the RPR as a suitable base to receive the structure. The base material shall be compacted and graded level and at proper elevation to receive the structure in proper relation to the conduit grade or ground cover requirements, as indicated on the plans.
115-3.2 Concrete structures. Concrete structures shall be built on prepared foundations conforming to the dimensions and form indicated on the plans. The concrete and construction methods shall conform to the requirements specified in Item P-610. Any reinforcement required shall be placed as indicated on the plans and shall be approved by the RPR before the concrete is placed. 115-3.3 Precast unit installations. Precast units shall be installed plumb and true. Joints shall be made watertight by use of sealant at each tongue-and-groove joint and at roof of manhole. Excess sealant shall be removed and severe surface projections on exterior of neck shall be removed. 115-3.4 Placement and treatment of castings, frames and fittings. All castings, frames and fittings shall be placed in the positions indicated on the Plans or as directed by the RPR and shall be set true to line and to correct elevation. If frames or fittings are to be set in concrete or cement mortar, all anchors or bolts shall be in place and position before the concrete or mortar is placed. The unit shall not be disturbed until the mortar or concrete has set.

Field connections shall be made with bolts, unless indicated otherwise. Welding will not be permitted unless shown otherwise on the approved shop drawings and written approval is granted by the casting manufacturer. Erection equipment shall be suitable and safe for the workman. Errors in shop fabrication or deformation resulting from handling and transportation that prevent the proper assembly and fitting of parts shall be reported immediately to the RPR and approval of the method of correction shall be obtained. Approved corrections shall be made at Contractor’s expense.

Anchor bolts and anchors shall be properly located and built into connection work. Bolts and anchors shall be preset by the use of templates or such other methods as may be required to locate the anchors and anchor bolts accurately.

Pulling-in irons shall be located opposite all conduit entrances into structures to provide a strong, convenient attachment for pulling-in blocks when installing cables. Pulling-in irons shall be set directly into the concrete walls of the structure.
115-3.5 Installation of ladders. Ladders shall be installed such that they may be removed if necessary.

Mounting brackets shall be supplied top and bottom and shall be cast in place during fabrication of the structure or drilled and grouted in place after erection of the structure. 115-3.6 Removal of sheeting and bracing. In general, all sheeting and bracing used to support the sides of trenches or other open excavations shall be withdrawn as the trenches or other open excavations are being refilled. That portion of the sheeting extending below the top of a structure shall be withdrawn, unless otherwise directed, before more than 6 inches (150 mm) of material is placed above the top of the structure and before any bracing is removed. Voids left by the sheeting shall be carefully refilled with selected material and rammed tight with tools especially adapted for the purpose or otherwise as may be approved.

The RPR may direct the Contractor to delay the removal of sheeting and bracing if, in his judgment, the installed work has not attained the necessary strength to permit placing of backfill.

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Item L-115 Electrical Manholes and Junction Structures 535 115-3.7 Backfilling. After a structure has been completed, the area around it shall be backfilled in horizontal layers not to exceed 6 inches (150 mm) in thickness measured after compaction to the density requirements in Item P-152. Each layer shall be deposited all around the structure to approximately the same elevation. The top of the fill shall meet the elevation shown on the plans or as directed by the RPR.

Backfill shall not be placed against any structure until approval is given by the RPR. In the case of concrete, such approval shall not be given until tests made by the laboratory under supervision of the RPR establish that the concrete has attained sufficient strength to provide a factor of safety against damage or strain in withstanding any pressure created by the backfill or the methods used in placing it.

Where required, the RPR may direct the Contractor to add, at his own expense, sufficient water during compaction to assure a complete consolidation of the backfill. The Contractor shall be responsible for all damage or injury done to conduits, duct banks, structures, property or persons due to improper placing or compacting of backfill.
115-3.8 Connection of duct banks. To relieve stress of joint between concrete-encased duct banks and structure walls, reinforcement rods shall be placed in the structure wall and shall be formed and tied into duct bank reinforcement at the time the duct bank is installed. 115-3.9 Grounding. A ground rod shall be installed in the floor of all concrete structures so that the top of rod extends 6 inches (150 mm) above the floor. The ground rod shall be installed within one foot (30 cm) of a corner of the concrete structure. Ground rods shall be installed prior to casting the bottom slab.

Where the soil condition does not permit driving the ground rod into the earth without damage to the ground rod, the Contractor shall drill a 4-inch (100 mm) diameter hole into the earth to receive the ground rod. The hole around the ground rod shall be filled throughout its length, below slab, with Portland cement grout. Ground rods shall be installed in precast bottom slab of structures by drilling a hole through bottom slab and installing the ground rod. Bottom slab penetration shall be sealed watertight with Portland cement grout around the ground rod.

Ground rods for FAA facilities shall be installed outside of the concrete structure with a #4/0 bare copper wire whip exothermically bonded to the internal ground bus and ground rod.

A grounding bus of 4/0 bare stranded copper shall be exothermically bonded to the ground rod and loop the concrete structure walls. The ground bus shall be a minimum of one foot (30 cm) above the floor of the structure and separate from other cables. No. 2 American wire gauge (AWG) bare copper pigtails shall bond the grounding bus to all cable trays and other metal hardware within the concrete structure.

Connections to the grounding bus shall be exothermic. If an exothermic weld is not possible, connections to the grounding bus shall be made by using connectors approved for direct burial in soil or concrete per UL 467. Hardware connections may be mechanical, using a lug designed for that purpose. 115-3.10 Cleanup and repair. After erection of all galvanized items, damaged areas shall be repaired by applying a liquid cold-galvanizing compound per MIL-P-21035. Surfaces shall be prepared and compound applied per the manufacturer’s recommendations.

Prior to acceptance, the entire structure shall be cleaned of all dirt and debris. 115-3.11 Restoration. After the backfill is completed, the Contractor shall dispose of all surplus material, dirt and rubbish from the site. The Contractor shall restore all disturbed areas equivalent to or better than their original condition. All sodding, grading and restoration shall be considered incidental to the respective Item L-115 pay item.

The Contractor shall grade around structures as required to provide positive drainage away from the structure.

Areas with special surface treatment, such as roads, sidewalks, or other paved areas shall have backfill compacted to match surrounding areas, and surfaces shall be repaired using materials comparable to original materials.

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Item L-115 Electrical Manholes and Junction Structures 536 Following restoration of all trenching near airport movement surfaces, the Contractor shall thoroughly visually inspect the area for foreign object debris (FOD), and remove any such FOD that is found. This FOD inspection and removal shall be considered incidental to the pay item of which it is a component part.

After all work is completed, the Contractor shall remove all tools and other equipment, leaving the entire site free, clear and in good condition.
115-3.12 Inspection. Prior to final approval, the electrical structures shall be thoroughly inspected for conformance with the plans and this specification. Any indication of defects in materials or workmanship shall be further investigated and corrected. The earth resistance to ground of each ground rod shall not exceed 25 ohms. Each ground rod shall be tested using the fall-of-potential ground impedance test per American National Standards Institute / Institute of Electrical and Electronic Engineers (ANSI/IEEE) Standard 81. This test shall be performed prior to establishing connections to other ground electrodes. 115-3.13 Manhole elevation adjustments. The Contractor shall adjust the tops of existing manholes in areas designated in the Contract Documents to the new elevations shown. The Contractor shall be responsible for determining the exact height adjustment required to raise or lower the top of each manhole to the new elevations. The existing top elevation of each manhole to be adjusted shall be determined in the field and subtracted/added from the proposed top elevation.

The Contractor shall remove/extend the existing top section or ring and cover on the manhole structure or manhole access. The Contractor shall install precast concrete sections or grade rings of the required dimensions to adjust the manhole top to the new proposed elevation or shall cut the existing manhole walls to shorten the existing structure, as required by final grades. The Contractor shall reinstall the manhole top section or ring and cover on top and check the new top elevation.

The Contractor shall construct a concrete slab around the top of adjusted structures located in graded areas that are not to be paved. The concrete slab shall conform to the dimensions shown on the plans. 115-3.14 Duct extension to existing ducts. Where existing concrete encased ducts are to be extended, the duct extension shall be concrete encased plastic conduit. The fittings to connect the ducts together shall be standard manufactured connectors designed and approved for the purpose. The duct extensions shall be installed according to the concrete encased duct detail and as shown on the plans.

METHOD OF MEASUREMENT
115-4.1 Electrical manholes and junction structures shall be measured by each unit completed in place and accepted. The following items shall be included in the price of each unit: All required excavation and dewatering:; sheeting and bracing; concrete, all required backfilling with on-site materials; restoration of all surfaces and finished grading and turfing; all required connections; temporary cables and connections; and ground rod testing

BASIS OF PAYMENT
115-5.1 The accepted quantity of electrical manholes and junction structures will be paid for at the Contract unit price per each, complete and in place. This price shall be full compensation for furnishing all materials and for all preparation, excavation, backfilling and placing of the materials, furnishing and installation of appurtenances and connections to duct banks and other structures as may be required to complete the item as shown on the plans and for all labor, equipment, tools and incidentals necessary to complete the structure.

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Item L-115 Electrical Manholes and Junction Structures 537 Payment will be made under:

Item L-115-5.1 H-20 Rated Concrete Handhole - Per Each

REFERENCES
The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

American National Standards Institute / Insulated Cable Engineers Association (ANSI/ICEA) ANSI/IEEE STD 81 IEEE Guide for Measuring Earth Resistivity, Ground Impedance, and Earth Surface Potentials of a Ground System
Advisory Circular (AC)
AC 150/5345-7 Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits
AC 150/5345-26 Specification for L-823 Plug and Receptacle, Cable Connectors AC 150/5345-42 Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories
AC 150/5340-30 Design and Installation Details for Airport Visual Aids AC 150/5345-53 Airport Lighting Equipment Certification Program Commercial Item Description (CID)
A-A 59544 Cable and Wire, Electrical (Power, Fixed Installation) ASTM International (ASTM)
ASTM A27 Standard Specification for Steel Castings, Carbon, for General Application
ASTM A47 Standard Specification for Ferritic Malleable Iron Castings ASTM A48 Standard Specification for Gray Iron Castings
ASTM A123 Standard Specification for Zinc (Hot Dip Galvanized) Coatings on Iron and Steel Products
ASTM A283 Standard Specification for Low and Intermediate Tensile Strength Carbon Steel Plates
ASTM A536 Standard Specification for Ductile Iron Castings ASTM A615 Standard Specification for Deformed and Plain Carbon-Steel Bars for Concrete Reinforcement
ASTM A897 Standard Specification for Austempered Ductile Iron Castings ASTM C144 Standard Specification for Aggregate for Masonry Mortar ASTM C150 Standard Specification for Portland Cement
ASTM C206 Standard Specification for Finishing Hydrated Lime FAA Engineering Brief (EB)
EB #83 In Pavement Light Fixture Bolts
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Item L-115 Electrical Manholes and Junction Structures 538 Mil Spec
MIL-P-21035 Paint High Zinc Dust Content, Galvanizing Repair National Fire Protection Association (NFPA)
NFPA-70 National Electrical Code (NEC)
END OF ITEM L-115
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Item L-115 Electrical Manholes and Junction Structures 539 Page Intentionally Blank
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540
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Item L-125 Installation of Airport Lighting Systems 541 Item L-125 Installation of Airport Lighting Systems

DESCRIPTION
125-1.1 This item shall consist of airport lighting systems furnished and installed in accordance with this specification, the referenced specifications, and the applicable advisory circulars (ACs). The systems shall be installed at the locations and in accordance with the dimensions, design, and details shown in the plans.

This item shall include the furnishing of all equipment, materials, services, and incidentals necessary to place the systems in operation as completed units to the satisfaction of the RPR.

EQUIPMENT AND MATERIALS
125-2.1 General.
a. Airport lighting equipment and materials covered by Federal Aviation Administration (FAA) specifications shall be certified under the Airport Lighting Equipment Certification Program in accordance with AC 150/5345-53, current version. FAA certified airfield lighting shall be compatible with each other to perform in compliance with FAA criteria and the intended operation. If the Contractor provides equipment that does not performs as intended because of incompatibility with the system, the Contractor assumes all costs to correct the system for to operate properly. b. Manufacturer's certifications shall not relieve the Contractor of their responsibility to provide materials in accordance with these specifications and acceptable to the RPR. Materials supplied and/or installed that do not comply with these specifications shall be removed, when directed by the RPR and replaced with materials, which do comply with these specifications, at the sole cost of the Contractor. c. All materials and equipment used shall be submitted to the RPR for approval prior to ordering the equipment. Submittals consisting of marked catalog sheets or shop drawings shall be provided. Clearly mark each copy to identify pertinent products or models applicable to this project. Indicate all optional equipment and delete non-pertinent data. Submittals for components of electrical equipment and systems shall identify the equipment for which they apply on each submittal sheet. Markings shall be clearly made with arrows or circles (highlighting is not acceptable). The Contractor shall be responsible for delays in the project accruing directly or indirectly from late submissions or resubmissions of submittals. d. The data submitted shall be sufficient, in the opinion of the RPR, to determine compliance with the plans and specifications. The Contractor's submittals shall be submitted in electronic PDF format, tabbed by specification section. The RPR reserves the right to reject any or all equipment, materials or procedures, which, in the RPR’s opinion, does not meet the system design and the standards and codes, specified herein.
e. All equipment and materials furnished and installed under this section shall be guaranteed against defects in materials and workmanship for a period of at least twelve (12) months or 4 years (if LED) from final acceptance by the Owner. The defective materials and/or equipment shall be repaired or replaced, at the Owner's discretion, with no additional cost to the Owner.

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Item L-125 Installation of Airport Lighting Systems 542

EQUIPMENT AND MATERIALS
125-2.2 Conduit/Duct. Conduit shall conform to Specification Item L-110 Airport Underground Electrical Duct Banks and Conduits.
125-2.3 Cable and Counterpoise. Cable and Counterpoise shall conform to Item L-108 Underground Power Cable for Airports.
125-2.4 Tape. Rubber and plastic electrical tapes shall be Scotch Electrical Tape Numbers 23 and 88 respectively, as manufactured by 3M Company or an approved equal. 125-2.5 Cable Connections. Cable Connections shall conform to Item L-108 Installation of Underground Cable for Airports.
125-2.6 Retroreflective Markers. Retroreflective markers shall be type L-853 and shall conform to the requirements of AC 150/5345-39.
125-2.7 Runway and Taxiway Lights. Runway and taxiway lights shall conform to the requirements of AC 150/5345-46. Lamps shall be of size and type indicated, or as required by fixture manufacturer for each lighting fixture required under this contract. Filters shall be of colors conforming to the specification for the light concerned or to the standard referenced.

Lights
Type Class Mode Style Option Base Filter Transformer Notes L-
861E(L)
2 1

Baseplate with
Ground Lug
L-867 R/G 6.6 A/ 6.6 A LED
L-861T(L) 2 1 Baseplate with
Ground Lug
L-867 Blue 6.6 A/ 6.6 A LED

125-2.8 Runway and Taxiway Signs. Runway and Taxiway Guidance Signs should conform to the requirements of AC 150/5345-44.

Signs
Type Size Style Class Mode Notes
L-858L/Y 2 3 1 2 LED
L-858L/R 2 3 1 2 LED
125-2.9 Runway End Identifier Light (REIL). Install New Style E Current Powered LED REIL on new concrete foundations.
125-2.10 Precision Approach Path Indicator (PAPI). Not required. 125-2.12 Light Base and Transformer Housings. Light Base and Transformer Housings should conform to the requirements of AC 150/5345-42. Light bases shall be Type L-867, Class 1A, Size B, shall be provided as indicated or as required to accommodate the fixture or device installed thereon.

Base plates, cover plates, and adapter plates shall be provided to accommodate various sizes of fixtures.

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Item L-125 Installation of Airport Lighting Systems 543 125-2.13 Isolation Transformers. Isolation Transformers shall be Type L-830, size as required for each installation. Transformer shall conform to AC 150/5345-47.

INSTALLATION
125-3.1 Installation. The Contractor shall furnish, install, connect and test all equipment, accessories, conduit, cables, wires, buses, grounds and support items necessary to ensure a complete and operable airport lighting system as specified here and shown in the plans.

The equipment installation and mounting shall comply with the requirements of the National Electrical Code and state and local code agencies having jurisdiction.

The Contractor shall install the specified equipment in accordance with the applicable advisory circulars and the details shown on the plans.
125-3.2 Testing. All lights shall be fully tested by continuous operation for not less than 24 hours as a completed system prior to acceptance. The test shall include operating the constant current regulator in each step not less than 10 times at the beginning and end of the 24-hour test. The fixtures shall illuminate properly during each portion of the test.
125-3.3 Shipping and Storage. Equipment shall be shipped in suitable packing material to prevent damage during shipping. Store and maintain equipment and materials in areas protected from weather and physical damage. Any equipment and materials, in the opinion of the RPR, damaged during construction or storage shall be replaced by the Contractor at no additional cost to the owner. Painted or galvanized surfaces that are damaged shall be repaired in accordance with the manufacturer’s recommendations.
125-3.4 Elevated and In-pavement Lights. Water, debris, and other foreign substances shall be removed prior to installing fixture base and light.

A jig or holding device shall be used when installing each light fixture to ensure positioning to the proper elevation, alignment, level control, and azimuth control. Light fixtures shall be oriented with the light beams parallel to the runway or taxiway centerline and facing in the required direction. The outermost edge of fixture shall be level with the surrounding pavement. Surplus sealant or flexible embedding material shall be removed. The holding device shall remain in place until sealant has reached its initial set.

METHOD OF MEASUREMENT
125-4.1 Reflective markers will be measured by the number installed as completed units in place, ready for operation, and accepted by the RPR. Runway and taxiway lights will be measured by the number of each type installed as completed units in place, ready for operation, and accepted by the RPR. Guidance signs will be measured by the number of each type and size installed as completed units, in place, ready for operation, and accepted by the RPR.

BASIS OF PAYMENT
125-5.1 Payment will be made at the Contract unit price for each complete runway or taxiway light, guidance sign, reflective marker, runway end identification light, precision approach path indicator, or abbreviated precision approach path indicator installed by the Contractor and accepted by the RPR. This payment will be full compensation for furnishing all materials and for all preparation, assembly, and installation of these materials, and for all labor, equipment, tools and incidentals necessary to complete this item.

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Item L-125 Installation of Airport Lighting Systems 544 Payment will be made under:

L-125-5.1 New L-861E(L) Elevated Runway End Light Installed on L-867 Base Can including New Isolation Transformer, stem, plate and splice kit – per each L-125-5.2 New L-861E(L) LED Elevated Runway End Light Installed on Existing L-867 Base Can including New Isolation Transformer, stem, plate and splice kit - per each L-125-5.3 New L-861(L) Elevated Runway Edge Light Installed On Existing L-867 Base Can Including New Isolation Transformer, Stem, Plate And Splice Kit – per each L-125-5.4 New L-861T(L) Elevated Taxiway Edge Light installed on L-867 Base Can including New Isolation Transformer, stem, plate and splice kit – per each L-125-5.5 New Size 2, 1 Module Airfield Guidance Sign with Concrete Base – per each L-125-5.6 New Size 2, 2 Module Airfield Guidance Sign with Concrete Base – per each L-125-5.7 New Size 2, 3 Module Airfield Guidance Sign with Concrete Base – per each L-125-5.8 New L-849I Style E LED REIL(Paired Units Per Each Runway End) installed on new concrete base – per each

REFERENCES
The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

Advisory Circulars (AC)
AC 150/5340-18 Standards for Airport Sign Systems
AC 150/5340-26 Maintenance of Airport Visual Aid Facilities AC 150/5340-30 Design and Installation Details for Airport Visual Aids AC 150/5345-5 Circuit Selector Switch
AC 150/5345-7 Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits
AC 150/5345-26 Specification for L-823 Plug and Receptacle, Cable Connectors AC 150/5345-28 Precision Approach Path Indicator (PAPI) Systems AC 150/5345-39 Specification for L-853, Runway and Taxiway Retroreflective Markers AC 150/5345-42 Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories
AC 150/5345-44 Specification for Runway and Taxiway Signs AC 150/5345-46 Specification for Runway and Taxiway Light Fixtures AC 150/5345-47 Specification for Series to Series Isolation Transformers for Airport Lighting Systems
AC 150/5345-51 Specification for Discharge-Type Flashing Light Equipment AC 150/5345-53 Airport Lighting Equipment Certification Program A.10.d
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Item L-125 Installation of Airport Lighting Systems 545 Engineering Brief (EB)
EB No. 67 Light Sources Other than Incandescent and Xenon for Airport and Obstruction Lighting Fixtures

END OF ITEM L-125

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Advisory Circular Feedback
If you find an error in this AC, have recommendations for improving it, or have suggestions for new items/subjects to be added, you may let us know by (1) mailing this form to Manager, Airport Engineering Division, Federal Aviation Administration ATTN: AAS-100, 800 Independence Avenue SW, Washington DC 20591 or (2) faxing it to the attention of the Office of Airport Safety and Standards at (202) 267-5383.

Subject: AC 150/5370-10H Date:

Please check all appropriate line items:
☐ An error (procedural or typographical) has been noted in paragraph on page . ☐ Recommend paragraph ______________ on page ______________ be changed as follows:

☐ In a future change to this AC, please cover the following subject:
(Briefly describe what you want added.)

☐ Other comments:

☐ I would like to discuss the above. Please contact me at (phone number, email address).

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SPECIFICATIONS & CONTRACT DOCUMENTS

HOLLISTER MUNICIPAL AIRPORT
RUNWAY 6 SAFETY IMPROVEMENT PROJECT
FAA AIP NO. 3-06-0105-26

CITY OF HOLLISTER

COUNTY OF SAN BENITO

November 18, 2022

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CERTIFICATION

In accordance with the provisions of Section 6735 of the Business of Professions Code of the State of California, these specifications have been prepared by or under the direction of the following Professional Engineers licensed in the State of California.

Name: M. Pearse Melvin No. C-63346

Civil

Kimley-Horn and Associates, Inc.

Name: Joseph Bradshaw No. E-21202

Electrical

Sealed for specifications related to electrical and NAVIDs (Items L100, L-105, L-108, L-115, L-125).

Kimley-Horn and Associates, Inc.

BRADSHAW
JOSEPH D.

6/30/24
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SECTION PAGE
TOC-i

CONSTRUCTION CONTRACT....................................................................................................................................... 1 R E C I T A L S .......................................................................................................................................................... 1 SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS. ........................................................................................ 2 SECTION 2 THE PROJECT. ................................................................................................................................................. 2 SECTION 3 THE CONTRACT DOCUMENTS. ....................................................................................................................... 2 SECTION 4 THE WORK. .................................................................................................................................................... 3 SECTION 5 PROJECT TEAM. ............................................................................................................................................. 3 SECTION 6 TIME OF COMPLETION. .................................................................................................................................. 3 SECTION 7 COMPENSATION TO CONTRACTOR. .............................................................................................................. 5 SECTION 8 STANDARD OF CARE. ..................................................................................................................................... 6 SECTION 9 INDEMNIFICATION. ........................................................................................................................................ 6 SECTION 10 COMPLIANCE WITH APPLICABLE CODE REQUIREMENTS. ............................................................................ 7 SECTION 11 INSURANCE AND BONDS. ............................................................................................................................. 7 SECTION 12 PROHIBITION AGAINST TRANSFERS. ............................................................................................................ 7 SECTION 13 NOTICES. ...................................................................................................................................................... 7 SECTION 14 DISPUTE RESOLUTION. ................................................................................................................................. 8 SECTION 15 DEFAULT. .................................................................................................................................................... 12 SECTION 16 CITY'S RIGHTS AND REMEDIES. .................................................................................................................. 12 SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES. ................................................................................................... 16 SECTION 18 ACCOUNTING RECORDS. ............................................................................................................................ 17 SECTION 19 INDEPENDENT PARTIES. ............................................................................................................................. 17 SECTION 20 NUISANCE. ................................................................................................................................................. 18 SECTION 21 PERMITS AND LICENSES. ............................................................................................................................ 18 SECTION 22 WAIVER. ..................................................................................................................................................... 18 SECTION 23 CONFLICTS WITH THE CONSTRUCTION CONTRACT. .................................................................................. 18 SECTION 24 GOVERNING LAW. ...................................................................................................................................... 18 SECTION 25 COMPLETE AGREEMENT. ........................................................................................................................... 18 SECTION 26 SURVIVAL OF CONTRACT. .......................................................................................................................... 18 SECTION 27 ADDITIONAL CONTRACT REQUIREMENTS. ................................................................................................. 18 SECTION 28 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM-SB 854 ............................................................. 19 SECTION 29 GOVERNMENTAL POWERS......................................................................................................................... 19 SECTION 30 SEVERABILITY. ............................................................................................................................................ 19 SECTION 31 EXHIBITS. .................................................................................................................................................... 20 EXHIBIT 1 NOTICE INVITING SEALED BIDS...................................................................................................... 22 NOTICE INVITING SEALED BIDS ................................................................................................................................ 23 EXHIBIT 2 CONTRACTOR’S BID ...................................................................................................................... 27 PROPOSAL TO CITY OF HOLLISTER............................................................................................................................ 28 Schedule of Proposal ............................................................................................................................................ 28 Bid Bond ............................................................................................................................................................... 33 Bidder’s Statement of Financial Responsibility, Technical Ability and Experience ............................................... 34 Insurance Certification ......................................................................................................................................... 35 Public Contract Code Section 10285.1 Statement ............................................................................................... 36 Contractor’s Certification of Nonsegregated Facilities ........................................................................................ 37 Noncollusion Affidavit .......................................................................................................................................... 39 Debarment and Suspension Certification ............................................................................................................ 42 Nonlobbying Certification for Federal-Aid Contracts ........................................................................................... 43 Buy American Certification .................................................................................................................................. 44 Race-Neutral Disadvantaged Business Enterprise Utilization .............................................................................. 46 Trade Restriction Clause - 49 CFR Part 30 ............................................................................................................ 47 Letter of Intent ..................................................................................................................................................... 49 Designation of Subcontractor .............................................................................................................................. 50 A.10.e
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SECTION PAGE
TOC-ii
EXHIBIT 3 INSTRUCTIONS TO BIDDERS .......................................................................................................... 51 INSTRUCTIONS TO BIDDERS ..................................................................................................................................... 52 A) GENERAL INFORMATION ............................................................................................................................. 52 B) PROPOSAL FORMS ....................................................................................................................................... 52 C) BIDDER'S GUARANTY AND RETURN OF GUARANTY .................................................................................... 52 D) CONTRACT BONDS ................................................................................................................................... 52 E) REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR IRREGULARITIES .......................... 53 F) AWARD OF CONTRACT................................................................................................................................. 53 G) EXECUTION OF CONTRACT ....................................................................................................................... 53 H) STANDARD SPECIFICATIONS .................................................................................................................... 53 I) SUPPLEMENTAL PLANS AND SPECIFICATIONS ............................................................................................. 54 J) EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK ............................ 54 K) WORKERS' COMPENSATION INSURANCE .................................................................................................... 54 L) LIABILITY INSURANCE ................................................................................................................................... 54 M) PREVAILING WAGES APPLICABLE ............................................................................................................. 54 N) DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION ..................................................................... 54 O) NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID .................... 55 P) HOURS OF CONSTRUCTION ......................................................................................................................... 55 EXHIBIT 4 STATEMENT OF WORK .................................................................................................................. 56 STATEMENT OF WORK ............................................................................................................................................. 57 A) LOCATION .................................................................................................................................................... 57 B) DESCRIPTION OF WORK ............................................................................................................................... 57 C) CONTRACT DOCUMENTS ............................................................................................................................. 57 D) FIELD MEASUREMENT ............................................................................................................................. 57 E) TIME FOR COMPLETION ............................................................................................................................... 57 F) REGISTRATION OF CONTRACTORS ............................................................................................................... 57 G) DELETION OF CONSTRUCTION ITEMS ...................................................................................................... 57 EXHIBIT 5 ITEMS OF CONSTRUCTION ............................................................................................................ 58 ITEMS OF CONSTRUCTION ....................................................................................................................................... 59 EXHIBIT 6 CONTRACT DOCUMENTS/FORMS TO BE SUBMITTED TO THE CITY WITHIN 5 WORKING DAYS AFTER BID OPENING DATE .............................................................................................................................................. 60 CONTRACT DOCUMENTS/FORMS TO BE SUBMITTED TO THE CITY .......................................................................... 61 Bidder’s Statement of Subcontractors – Part II .................................................................................................... 61 Equal Employment Opportunity Certification ...................................................................................................... 65 Affirmative Action Form....................................................................................................................................... 66 Declaration .......................................................................................................................................................... 68 Bidder’s List for The City of Hollister .................................................................................................................... 69 EXHIBIT 7 AIRPORT IMPROVEMENT PROGRAM REQUIREMENTS .................................................................. 70 AIRPORT IMPROVEMENT PROGRAM REQUIREMENTS ............................................................................................ 71 General Labor Requirements for All Contracts and Subcontracts ........................................................................ 71 Miscellaneous Clause Requirements For All Construction Contracts and Subcontracts ...................................... 73 Title VI List of Pertinent Nondiscrimination Authorities ....................................................................................... 75 Breach of Contract Terms .................................................................................................................................... 76 Termination of Contract ...................................................................................................................................... 76 Clean Air and Water Pollution Control ................................................................................................................. 76 Rights to Inventions ............................................................................................................................................. 77 Access to Records and Reports ............................................................................................................................ 77 Clauses for Construction Contracts and Subcontracts ......................................................................................... 78 A.10.e
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SECTION PAGE
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Contract Workhours and Safety Standards Act Requirements .......................................................................................... 78 Occupational Safety and Health Act Of 1970 ...................................................................................................... 79 Davis-Bacon Requirements .................................................................................................................................. 79 Copeland “Anti-Kickback” Act .............................................................................................................................. 85 Equal Opportunity Clause .................................................................................................................................... 85 Standard Federal Equal Employment Opportunity Construction Contract Specifications ................................... 86 Disadvantaged Business Enterprise ..................................................................................................................... 91 Energy Conservation Requirements ..................................................................................................................... 92 Prohibition of Segregated Facilities ..................................................................................................................... 92 Procurement of Recovered Materials .................................................................................................................. 92 Termination for Convenience ............................................................................................................................... 93 Contract Workhours and Safety Standards Act Requirements ............................................................................ 94 Banning Texting When Driving ............................................................................................................................ 95 Seismic Safety ...................................................................................................................................................... 95 Davis-Bacon Prevailing Wage And Salary Range ................................................................................................. 95 EXHIBIT 8 GENERAL CONDITIONS .................................................................................................................. 98 GENERAL CONDITIONS............................................................................................................................................. 98 SECTION 1 DEFINITIONS AND TERMS .................................................................................................................. 98 SECTION 2 PROPOSAL REQUIREMENTS, INSTRUCTIONS TO BIDDERS ............................................................... 106 SECTION 3 AWARD AND EXECUTION OF CONTRACT ......................................................................................... 111 SECTION 4 SCOPE OF WORK .............................................................................................................................. 113 SECTION 5 CONTROL OF WORK ......................................................................................................................... 121 SECTION 6 CONTROL OF MATERIALS ................................................................................................................. 127 SECTION 7 LEGAL RELATIONS AND RESPONSIBILITIES ....................................................................................... 131 SECTION 8 PROSECUTION AND PROGRESS ........................................................................................................ 148 SECTION 9 MEASUREMENT AND PAYMENT ...................................................................................................... 156 EXHIBIT 9 SPECIAL PROVISIONS .................................................................................................................. 169 DIVISION I - SPECIAL PROVISIONS .......................................................................................................................... 170 01010 PROJECT DESCRIPTION ....................................................................................................................... 170 01011 SUMMARY OF WORK ......................................................................................................................... 170 01012 EQUIPMENT TO BE PROVIDED TO OWNER ........................................................................................ 170 01013 WORK BY OTHERS .............................................................................................................................. 170 01014 DEFINITIONS ...................................................................................................................................... 170 01015 WORK INVOLVING EXISTING SYSTEM ................................................................................................ 170 01016 COORDINATION OF WORK ................................................................................................................. 171 01017 WORK SEQUENCE AND CONSTRAINTS ............................................................................................... 171 01020 CONSTRUCTION STAKES, LINES AND GRADES .................................................................................... 171 01021 SITE WORK ......................................................................................................................................... 171 01022 PARTIAL ACCEPTANCE OF WORK ....................................................................................................... 172 01023 PARTIAL AND FINAL PAYMENT .......................................................................................................... 172 01210 PRECONSTRUCTION CONFERENCE ..................................................................................................... 172 01220 PROGRESS MEETINGS ........................................................................................................................ 172 01221 SCHEDULE REVIEW ............................................................................................................................. 173 01222 REVISIONS TO CONSTRUCTION SCHEDULE ........................................................................................ 173 01300 SUBMITTALS - SHOP DRAWINGS........................................................................................................ 173 01310 MATERIALS AND EQUIPMENT LIST .................................................................................................... 174 01320 QUALITY CONTROL ............................................................................................................................. 175 01321 SAMPLING .......................................................................................................................................... 175 01322 INSPECTION ........................................................................................................................................ 175 01400 TEMPORARY FACILITIES ..................................................................................................................... 176 01401 ELECTRICAL SERVICE .......................................................................................................................... 176 A.10.e
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01402 TEMPORARY LIGHTING ...................................................................................................................... 176 01403 HEATING AND VENTILATION .............................................................................................................. 176 01404 WATER ............................................................................................................................................... 176 01405 SANITARY CONVENIENCES ................................................................................................................. 176 01414 WARNING DEVICES AND BARRICADES ............................................................................................... 176 01415 HAZARDS IN PROTECTED AREAS ........................................................................................................ 176 01416 PROTECTION OF EXISTING ITEMS ...................................................................................................... 177 01417 PROJECT SECURITY ............................................................................................................................. 177 01418 FIRE EXTINGUISHERS .......................................................................................................................... 177 01419 DUST CONTROL .................................................................................................................................. 177 01420 SPECIAL CONTROLS ............................................................................................................................ 177 01422 ODOR CONTROL ................................................................................................................................. 177 01423 DRAINAGE CONTROL ......................................................................................................................... 177 01424 EROSION CONTROL ............................................................................................................................ 177 01480 AIRFILED CONSTRUCTION AREA CONTROL ........................................................................................ 178 01502 CONTRACTOR'S CONTINUING OBLIGATION ....................................................................................... 188 01503 CONTACT PERSONS FOR OUTSIDE AGENCIES .................................................................................... 189 01504 PROJECT CLOSEOUT ........................................................................................................................... 189 01505 CLEANING ........................................................................................................................................... 189 01506 FINAL SITE CLEAN-UP ......................................................................................................................... 189 01510 PROJECT RECORD DOCUMENTS ......................................................................................................... 189 01520 TOUCH-UP AND REPAIR ..................................................................................................................... 189 01530 REUSE OF DOCUMENTS ..................................................................................................................... 190 EXHIBIT 10 SUCCESSFUL BIDDER’S CONTRACT DOCUMENTS TO BE SUBMITTED AFTER PROJECT IS AWARDED 191
CONTRACT DOCUMENTS TO BE SUBMITTED AFTER PROJECT IS AWARDED ......................................................... 192 BOND OF FAITHFUL PERFORMANCE .................................................................................................................. 192 PAYMENT BOND ................................................................................................................................................ 194 CERTIFICATE OF INSURANCE .............................................................................................................................. 196 EXHIBIT 11 CITY OF HOLLISTER FORMS AND MEMORANDUM DOCUMENTS ................................................. 199 CITY OF HOLLISTER FORMS AND MEMORANDUM DOCUMENTS ........................................................................... 200 INSTRUCTIONS FOR PREPARATION OF STATEMENT OF COMPLIANCE ............................................................ 200 Contractors who pay all required fringe benefits: ........................................................................................................... 200 Contractors who pay no fringe benefits: ......................................................................................................................... 200 Use of Section 4(c), Exceptions: ....................................................................................................................................... 200 STATEMENT OF COMPLIANCE ........................................................................................................................... 201 CITY OF HOLLISTER FRINGE BENEFIT STATEMENT ............................................................................................. 202 NOTICE TO PUBLIC ENTITY ................................................................................................................................. 204 CITY OF HOLLISTER PUBLIC WORKS PAYROLL REPORTING FORM ..................................................................... 205 ENGINEERING SERVICES BID PROTEST ............................................................................................................... 206 CITY OF HOLLISTER NOTICE OF POTENTIAL CLAIM ............................................................................................ 207 EXHIBIT 12 FAA TECHNICAL SPECIFICATIONS ................................................................................................ 208 FAA TECHNICAL SPECIFICATIONS ........................................................................................................................... 209 Section 10 Definition of Terms ........................................................................................................................... 210 Section 20 Proposal Requirements and Conditions............................................................................................ 218 Section 30 Award and Execution of Contract ..................................................................................................... 223 Section 40 Scope of Work .................................................................................................................................. 226 Section 50 Control of Work ................................................................................................................................ 229 Section 60 Control of Materials ......................................................................................................................... 235 Section 70 Legal Regulations and Responsibility to Public ................................................................................ 238 A.10.e
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Section 80 Execution and Progress .................................................................................................................... 246 Section 90 Measurement and Payment ............................................................................................................. 252 Item C-100 Contractor Quality Control Program (CQCP) ................................................................................... 259 Item C-102 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control ......................................... 266 Item C-105 Mobilization .................................................................................................................................... 270 Item C-110 Method of Estimating Percentage of Material Within Specification Limits (PWL) .......................... 273 Item P-101 Preparation/Removal of Existing Pavements .................................................................................. 281 Item P-151 Clearing and Grubbing .................................................................................................................... 288 Item P-152 Excavation, Subgrade, and Embankment ........................................................................................ 290 Item P-153 Controlled Low-Strength Material (CLSM) ...................................................................................... 298 Item P-154 Subbase Course ............................................................................................................................... 301 Item P-155 Lime-Treated Subgrade ................................................................................................................... 307 Item P-156 Cement Treated Subgrade ............................................................................................................... 313 Item P-157Kiln Dust Treated Subgrade .............................................................................................................. 314 Item P-158 Fly Ash Treated Subgrade ................................................................................................................ 322 Item P-207 In-place Full Depth Reclamation (FDR) Recycled Asphalt Aggregate Base Course .......................... 328 Item P-208 Aggregate Base Course ................................................................................................................... 336 Item P-209 Crushed Aggregate Base Course ..................................................................................................... 344 Item P-210 Caliche Base Course ......................................................................................................................... 351 Item P-211 Lime Rock Base Course .................................................................................................................... 357 Item P-212 Shell Base Course ............................................................................................................................. 363 Item P-213 Sand-Clay Base Course .................................................................................................................... 369 Item P-217 Aggregate-Turf Runway/Taxiway ................................................................................................... 375 Item P-219 Recycled Concrete Aggregate Base Course ..................................................................................... 383 Item P-220 Cement Treated Soil Base Course .................................................................................................... 392 Item P-304 Cement-Treated Aggregate Base Course (CTB) ............................................................................... 400 Item P-306 Lean Concrete Base Course ............................................................................................................. 410 Item P-307 Cement Treated Permeable Base Course (CTPB) ............................................................................. 422 Item P-401 Asphalt Mix Pavement .................................................................................................................... 431 Item P-403 Asphalt Mix Pavement Course......................................................................................................... 453 Item P-404 Fuel-Resistant Asphalt Mix Pavement ............................................................................................. 481 Item P-501 Cement Concrete Pavement ............................................................................................................ 506 Item P-608 Emulsified Asphalt Seal Coat ........................................................................................................... 550 Item P-608-R Rapid Cure Seal Coat .................................................................................................................... 562 Item P-609 Chip Seal Coat .................................................................................................................................. 572 Item P-623 Emulsified Asphalt Spray Seal Coat ................................................................................................. 580 Item P-626 Emulsified Asphalt Slurry Seal Surface Treatment .......................................................................... 588 Item P-629 Thermoplastic Coal Tar Emulsion Surface Treatments .................................................................... 598 Item P-630 Refined Coal Tar Emulsion Without Additives, Slurry Seal Surface Treatment ................................ 614 Item P-631 Refined Coal Tar Emulsion with Additives, Slurry Seal Surface Treatment ...................................... 622 Item P-632 Asphalt Pavement Rejuvenation ..................................................................................................... 630 Item P-602 Emulsified Asphalt Prime Coat ........................................................................................................ 642 Item P-603 Emulsified Asphalt Tack Coat .......................................................................................................... 646 Item P-604 Compression Joint Seals for Concrete Pavements ........................................................................... 650 Item P-605 Joint Sealants for Pavements .......................................................................................................... 658 Item P-606 Adhesive Compounds, Two-Component for Sealing Wire and Lights in Pavement ......................... 664 Item P-610 Concrete for Miscellaneous Structures ........................................................................................... 670 Item P-620 Runway and Taxiway Marking ........................................................................................................ 678 Item P-621 Saw-Cut Grooves ............................................................................................................................. 684 Item P-640 Piping, Fittings, and Appurtenances ................................................................................................ 688 Item F-160 Wire Fence with Wood Posts (Class A and B Fences) ...................................................................... 703 Item F-161 Wire Fence with Steel Posts (Class C and D Fence) .......................................................................... 709 Item F-162 Chain-Link Fence .............................................................................................................................. 715 A.10.e
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Item F-163 Wildlife Deterrent Fence Skirt .......................................................................................................... 723 Item F-164 Wildlife Exclusion Fence ................................................................................................................... 727 Item D-701 Pipe for Storm Drains and Culverts ................................................................................................. 737 Item D-702 Slotted Drains .................................................................................................................................. 745 Item D-705 Pipe Underdrains for Airports ......................................................................................................... 749 Item D-751 Manholes, Catch Basins, Inlets and Inspection Holes ..................................................................... 756 Item D-752 Concrete Culverts, Headwalls, and Miscellaneous Drainage Structures ......................................... 762 Item D-754 Concrete Gutters, Ditches, and Flumes ........................................................................................... 768 Item T-901 Seeding ............................................................................................................................................ 770 Item T-903 Sprigging ......................................................................................................................................... 776 Item T-904 Sodding ............................................................................................................................................ 782 Item T-905 Topsoil ............................................................................................................................................. 788 Item T-908 Mulching .......................................................................................................................................... 791 Item L-109 Airport Transformer Vault and Vault Equipment ............................................................................. 815 Item L-110 Airport Underground Electrical Duct Banks and Conduits ............................................................... 819 Item L-115 Electrical Manholes and Junction Structures ................................................................................... 828 Item L-125 Installation of Airport Lighting Systems ........................................................................................... 838

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CONSTRUCTION CONTRACT 1

CONSTRUCTION CONTRACT
SECTION 1
THIS CONSTRUCTION CONTRACT, entered into on _______________ , 2023 (“Execution Date”), by and between the CITY OF HOLLISTER, a California municipal corporation ("City"), and ________________________________________________("Contractor"), is made with reference to the following:

R E C I T A L S
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California.

B. Contractor is a corporation duly organized and in good standing in the State of ________________, License Number ___________. Contractor is a general contractor with a Type A, and represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract.

C. On __________, 2023, City issued a Notice Inviting Bids to contractors for the Runway 6 Safety Improvement Project, A.I.P. No. 3-06-0105-26. A copy of City’s Notice Inviting Bids is attached hereto as Exhibit 1 and incorporated by reference. In response to City’s Notice Inviting Sealed Bids, Contractor submitted its Bid. A copy of Contractor’s Bid is attached hereto as Exhibit 2 and incorporated herein by reference. Also attached hereto and incorporated by reference are: Instruction to Bidders and Proposal to City of Hollister (Exhibit 3); Statement of Work (Exhibit 4); Items of Construction (Exhibit 5); Contract Documents/Forms to be submitted to the City within 5 Working Days after Bid Opening Date (Exhibit 6); Airport Improvement Program Requirements (Exhibit 7); General Conditions (Exhibit 8), Special Provisions (Exhibit 9) Successful Bidder’s Contract Documents to be Submitted After Project is Awarded (Exhibit 10); City of Hollister Forms and Memorandum Documents (Exhibit 11); and the FAA Technical Specifications (Exhibit 12).

D. Also incorporated hereto, as if fully set forth, are the latest edition of the City of Hollister Standard Specifications; the latest edition “Greenbook” Standard Specifications for Public Works Construction published by BNI Publications, Inc. (the “Greenbook”); the latest edition of the California Manual on Uniformed Traffic Control Devices (“MUTCD”); and, the latest edition of the California Department of Transportation Standard Specifications (“Caltrans Standard Specifications”), except Sections 1 -9 are omitted in their entirety. This contract shall be governed by: (i) the FAA Technical Specifications (Exhibit 12); (ii) the latest editions of the City of Hollister Standard Specifications; and (iii) the Greenbook at the time bids are opened, including all applicable updates and amendments thereto. In the event of a conflict between the Plans, any section of the Specifications, order of precedence of the Contract Documents shall be as identified in Section 50-04 List of Special Provisions, Part 1- General Contract Provisions of the FAA Technical Specifications (Exhibit 12).

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CONSTRUCTION CONTRACT 2

E. City and Contractor desire to enter into this Construction Contract for the Runway 6 Safety Improvement Project, A.I.P 3-06-0105-26, and other services, as identified in the in the Bid Documents for the Hollister Municipal Airport upon the following terms and conditions.

NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows:

SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS.

1.1 Recitals.

All of the recitals set forth above are incorporated herein by reference.

1.2 Definitions.

Capitalized terms shall have the meanings set forth in this Construction Contract, General Conditions, FAA Technical Specifications and/or in the latest edition of the City of Hollister Standard Specifications and the Greenbook. If there is a conflict between the definitions in this Construction Contract and those set forth in the General Conditions, City of Hollister Standard Specifications or Greenbook, the definitions in this Construction Contract shall govern.

SECTION 2 THE PROJECT.

The project is the construction of the Runway 6 Safety Improvement Project, A.I.P. No. 3-06- 0105-26 ("Project") at the Hollister Municipal Airport.

SECTION 3 THE CONTRACT DOCUMENTS.

The Contract Documents consist of the following collection of documents:
(i) Notice Inviting Bids
(ii) Executed Construction Contract between City and Contractor. (iii) Instructions to Bidders
(iv) Statement of Work
(v) Items of Construction
(vi) Contractor’s Bid
(vii) General Conditions
(viii) Special Provisions
(ix) Airport Improvement Program Requirements
(x) FAA Technical Specifications.
(xi) Performance and Payment Bonds.
(xii) Insurance Forms.
(xiii) Plans and Drawings.
(xiv) Reports listed in the Bidding Documents.
(xv) Supplements, Attachments, and Exhibits attached to the above items. (xvi) Change Orders.
(xvii) Field Directives
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SECTION 4 THE WORK.

The Work includes all labor, materials, equipment, services, permits, licenses and taxes, and all other things necessary for Contractor to perform its obligations herein and complete the Project, including, without limitation, any Change Orders requested by Contractor and/or City and authorized by City, in accordance with the Contract Documents and all applicable code requirements.

SECTION 5 PROJECT TEAM.

In addition to Contractor, City has retained, or may retain, at City’s sole discretion, consultants and contractors to provide professional and technical consultation for the design and construction of the Project (the “Project Team”). The Project requires that Contractor operate and communicate efficiently, effectively and cooperatively with City, as well as all other members of the Project Team.

SECTION 6 TIME OF COMPLETION.

6.1 Time is of Essence.

Time is of the essence with respect to all time limits set forth in the Contract Documents.

6.2 Commencement of Work.

Contractor shall commence the Work on the date specified in the City’s Notice to Proceed.

6.3 Contract Time.

Contractor shall diligently prosecute the Work to Substantial Completion Starting 10 consecutive calendar days from the date contract time commences as specified in City’s Notice to Proceed and completing the work within the following:
1) 120 Calendar Days for Mobilization and Procurement of Materials 2) 90 Calendar Days for Phases 1 and 2

6.4 Liquidated Damages.

6.4.1 Entitlement.

City and Contractor acknowledge and agree that if Contractor fails to fully and satisfactorily and substantially complete the Work within the Contract Time, City will suffer, as a result of Contractor’s failure, substantial damages which are both extremely difficult and impracticable to ascertain. Such damages may include, but are not limited to:
(i) Loss of public confidence in City and its contractors and consultants. (ii) Loss of public use of public facilities.
(iii) Extended disruption to public.

6.4.2 Daily Amount.

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City and Contractor have reasonably endeavored, but failed, to ascertain the precise amount relationship to the actual damage that City will incur if Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time of Completion.

Therefore, the parties agree that in addition to all other damages to which City may be entitled, other than delay damages, in the event Contractor shall fail to achieve Substantial Completion of the entire Work within the Contract Time of Completion, Contractor shall pay City, as liquidated damages, the amount of $1000.00 per calendar day for each day occurring after the expiration of the Contract Time of Completion until Contractor achieves Substantial Completion of the entire Work. The liquidated damages amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer.

6.4.3 Apportionment.

Such liquidated damages shall be subject to apportionment for delays to Substantial Completion for which Contractor is entitled to receive an extension of time under the Contract Documents. Such apportionment shall not be affected by the fact that liquidated damages may not be capable of apportionment for other periods of time during which there have occurred delays concurrently caused by both City and Contractor. It being the Contractor’s obligation to have the entire Work substantially completed within the Contract Time of Completion, it is agreed that such liquidated damages shall not be apportioned for portions of the Work completed prior to expiration of the Contract Time.

6.4.4 Exclusive Remedy.

City and Contractor acknowledge and agree that this liquidated damages provision shall be City’s only remedy for delay damages caused by Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time of Completion.

6.4.5 Damages upon Abandonment.

In the event that Contractor either abandons the Work or is terminated by the City for default in accordance with the provisions of Section 16 of this Construction Contract, City shall have the right, in its sole discretion exercised by written notice issued either before or after Substantial Completion, to elect to either assert or waive its right to liquidated damages under this Paragraph 6.4.

.1 If City elects to assert its right to liquidated damages, then the liquidated damages shall be calculated from expiration of the Contract Time of Completion to the date that Substantial Completion of the Work is achieved by City or its replacement contractor employed to complete Contractor's performance.

.2 If City elects to waive its right to liquidated damages, then Contractor shall be liable to City, in lieu of the liquidated damages provided for in this Paragraph 6.4, for all actual Losses proximately resulting from Contractor's failure to complete the Work within the Contract Time of Completion.

6.4.6 Other Remedies.

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The parties further acknowledge and agree that City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason, other than Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time of Completion.

6.5 Adjustments to Contract Time of Completion.

The Contract Time of Completion may only be adjusted for time extensions approved in writing by City and agreed to by Change Order executed by City and Contractor in accordance with the requirements of the Contract Documents.

6.6 Additional Compensation to Contractor.

The Contract Sum shall be increased by the amount of $1000.00 for each day of extension to the Contract Time as permitted by law and solely due to Compensable Delay occurring prior to Substantial Completion, but only to the extent that such Compensable Delay is not concurrent with a Non-Compensable Delay.

Regardless of the cause of the Compensable Delay (including, without limitation, acts or omissions of City or its consultants, errors, conflicts or omissions in the Contract Documents, or Changes to the Work), Contractor agrees to accept the compensation provided for in this Paragraph as its sole and exclusive right, remedy and recovery arising from or related to any loss, damages, costs and expenses due to delay, interruption, hindrance, compression, acceleration, disruption or the impact or ripple effect of delays on the Work, that may occur in connection with Contractor’s performance of Work on the Project and for any resulting foreseen or unforeseen:

(i) Overhead expenses such as, but not limited to, additional supervision, administration, extended or extraordinary overhead (direct or home office), insurance or bond costs and
(ii) Productivity expenses such as additional loss of productivity, inefficiency, and escalation of costs of labor, wage, material or equipment.

SECTION 7 COMPENSATION TO CONTRACTOR.

7.1 Contract Sum.

Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents. Measurement and payment for pay items in the proposal will be as indicated in the applicable technical specification or in the special provisions.

When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted.

The total Bid Contract Sum is: _____________________________________________- _________________________________ Dollars ($ ____________________) (the “Bid Contract Sum”).

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7.2 Full Compensation.

The compensation paid to the Contractor shall be considered full compensation for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover any and all losses, fees, and/or damages to Contractor arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work by Contractor until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred by Contractor due to suspension or discontinuance of the Work. The Contract Sum may only be adjusted for Change Orders issued, executed by the City and satisfactorily performed by Contractor in accordance with the requirements of the Contract Documents.

SECTION 8 STANDARD OF CARE.

Contractor agrees that the Work shall be performed by qualified, experienced and well- supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those contractors who specialize in providing such services for projects of the type, scope and complexity of the Project.

SECTION 9 INDEMNIFICATION.

9.1 Hold Harmless.

To the fullest extent allowed by law, Contractor hereby agrees to defend, indemnify, and hold harmless the City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and all Losses arising directly or indirectly from, or in any manner relating to any of, the following:
(i) Performance or nonperformance of the Work by Contractor or its Subcontractors or Sub-subcontractors, of any tier;
(ii) Performance or nonperformance by Contractor or its Subcontractors or Sub- subcontractors, of any Tier, of any of the obligations under the Contract Documents;
(iii) The construction activities of Contractor or its Subcontractors or Sub- subcontractors, of any Tier, either on the Site or on other properties; (iv) The payment or nonpayment by Contractor of any of its Subcontractors or Sub- subcontractors, of any tier, for Work performed on or off the site for the Project; and
(v) Any personal injury, wrongful death, property damage or economic loss to third persons associated with the performance or nonperformance by Contractor or its Subcontractors or Sub-subcontractors of any tier, of the Work.

However, nothing contained herein shall be construed as obligating Contractor to indemnify any Indemnitee for Losses resulting from the sole, active negligence or willful A.10.e
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misconduct of the Indemnitee. Contractor shall pay City for any and all costs and fees incurred in enforcing this provision. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee.

9.2 Survival.

The provisions of Section 9 herein shall survive the termination of this Construction Contract.

SECTION 10 COMPLIANCE WITH APPLICABLE CODE REQUIREMENTS.

This Project constitutes "public works" within the meaning of California Labor Code section 1720 and is subject to the prevailing wage laws. Contractor agrees to be subject to and comply with all applicable federal, state and municipal laws, codes, ordinances and regulations governing the Work, including, but not limited to:

(i) The applicable provisions of the California Labor Code; and

SECTION 11 INSURANCE AND BONDS.

Prior to the commencement of any Work, Contractor shall provide City with evidence that it has obtained all insurance and Performance and Payment Bonds attached hereto, which are required by the City and approved by the City Attorney. Failure to do so by Contractor shall be deemed a material breach of this Construction Contract.

SECTION 12 PROHIBITION AGAINST TRANSFERS.

City is entering into this Construction Contract based upon the stated experience and qualifications set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent by the City shall be null and void.

For purposes of applying the provisions of this Section, the sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if a partnership or joint venture or syndicate or co-tenancy exists, which shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity.

SECTION 13 NOTICES.

13.1 Method of Notice.

Except as provided in Section 13.2 below, all notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and conclusively shall be deemed served on the earlier of the following:

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(i) On the date delivered if delivered personally;
(ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; or (iv) On the date it is accepted or rejected if sent by certified mail.

13.2 Notice Recipients.

All notices, claims, demands or requests, including, without limitation, Notice of Potential Claims (“Claims”) from Contractor to City at:

Hollister Municipal Airport
City of Hollister
60 Airport Drive
Hollister, CA 95023
Attention: David Mirrione, Assistant City Manager
Re: ______________________________________, AIP ______

In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following:

City of Hollister, City Attorney Office
375 Fifth St.

Hollister, CA 95023
Attention: Jason S. Epperson, City Attorney
Re: ______________________________________, AIP ______

All such Claims shall be delivered personally or sent by certified mail.

All notices, demands, requests or approvals from City to Contractor shall be addressed to:
__________________________________
__________________________________
__________________________________
__________________________________
Re: ______________________________________, AIP ______

13.3 Change of Address.

In the event of any change of address, the moving party is obligated to immediately notify the other party of the change of address in writing. Each party may, by written notice only, add delete or replace any listed individuals.

SECTION 14 DISPUTE RESOLUTION.

14.1 Resolution of Contract Disputes.

All Contractor Claims, as defined by Public Contract Code section 9204(c) shall be resolved by the parties in accordance with California Public Contracts sections 20104- A.10.e
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20104.6 and applicable law. The Claims Procedures set forth in General Conditions shall be the exclusive recourse of Contractor for such claims.

14.2 Resolution of Other Disputes.

14.2.1 Other Disputes.

The definition of Contractor Claims shall not include any of the following:
(i) Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency (other than relief from damages or penalties for delay assessed by a public entity under a contract for a public works project); (ii) Third party tort claims for personal injury, property damage or death relating to any Work performed by Contractor or its Subcontractors or Sub- subcontractors of any Tier;
(iii) False claims liability under California Government Code section 12650, et. seq.; (iv) Defects in the Work first discovered by City after Final Payment by City to Contractor; or
(vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents or for other City claims against the Contractor.

14.2.2 Litigation, City Election.

Matters that do not constitute Contractor Claims shall be resolved by way of an action filed in the Superior Court of the State of California, County of San Benito, and shall not be subject to the Contract Dispute Resolution Process. However, the City reserves the right, in its sole and absolute discretion, to treat such disputes as Contract Claims.

Upon written notice by City of its election as provided in the preceding sentence, such dispute shall be submitted by the parties and finally decided pursuant to the Contract Dispute Resolution Process in the manner as required for Contract Claims, including, without limitation, City’s right under Paragraph 14.4.2 to defer resolution and final determination until after Final Completion of the Work.

14.3 Submission of Contractor Claim.

14.3.1 By Contractor.

Contractor shall submit a written Contractor Claim in accordance with applicable terms and conditions set forth in the Contract Documents.

14.3.2 By City.

City's right to commence the Contract Dispute Resolution Process shall arise at any time following City's actual discovery of the circumstances giving rise to a contract dispute.

Nothing contained herein shall preclude City from asserting contract disputes in response to a Claim asserted by Contractor. A Statement of Contract Dispute submitted by City shall state the events or circumstances giving rise to the contract dispute, the dates of their occurrence and the damages or other relief claimed by City as a result of such events (Contract Dispute).

14.4 Contract Dispute Resolution Process.

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The parties shall utilize each of the following steps in the Contract Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Contract Dispute Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the process.

14.4.1 Response by City.

The time periods for the City's response are set forth in the General Conditions.

14.4.2 Meet and Confer Conference.

If the claimant disputes the City's written response, or if the City fails to respond to a claim issued within the time prescribed in the General Conditions, the claimant may demand in writing and an informal conference to meet and confer for settlement of the issue in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

14.4.3 Mediation.
(i) Within ten (10) business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the claimant sharing the associated costs equally.

The City and the claimant shall mutually agree to a mediator within ten 10) business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

(ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

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(iii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

14.4.4 Binding Arbitration.

If the Contractor Claim or Contract Dispute is not resolved by mediation, then the party wishing to further pursue resolution or determination of the Contractor Claim or Contract Dispute shall submit such for final and binding arbitration pursuant to the provisions of California Public Contract Code sections 10240, et seq. The award of the arbitrator therein shall be final and may be entered as a judgment by any court of competent jurisdiction. Such arbitration shall be conducted in accordance with the following:
.1 Arbitration Initiation. The arbitration shall be initiated by filing a complaint in arbitration in accordance with the regulations promulgated pursuant to California Public Contract Code section 10240.5.
.2 Qualifications of the Arbitrator. The arbitrator shall be selected based by mutual agreement of the parties. The arbitrator shall be a retired judge or an attorney with at least five (5) years of experience with public works construction contract law and in arbitrating public works construction disputes. In addition, the arbitrator shall have at least twenty (20) hours of formal training in arbitration skills. In the event the parties cannot agree upon a mutually acceptable arbitrator, then the provisions of California Public Contract Code Section 10240.3 shall be followed in selecting an arbitrator possessing the qualifications required herein. .3 Hearing Days and Location. Arbitration hearings shall be held at the offices of City and shall, except for good cause shown to and determined by the arbitrator, be conducted on consecutive business days, without interruption or continuance. .4 Hearing Delays. Arbitration hearings shall not be delayed except upon good cause shown.
.5 Recording Hearings. All hearings to receive evidence shall be recorded by a certified stenographic reporter, with the costs thereof borne equally by City and Contractor and allocated by the arbitrator in the final award. .6 Limitation of Depositions. Discovery shall be permitted in accordance with the provisions of Section 10240.11 of the Public Contract Code; provided, however, that depositions shall be limited to both of the following:
(i) Ten (10) percipient witnesses for City and ten (10) percipient witnesses for Contractor and
(ii) Expert witnesses.

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Upon a showing of good cause, the arbitrator may increase the number of permitted depositions. An individual who is both percipient and expert shall, for purposes of applying the foregoing numerical limitation only, be deemed an expert. Expert reports shall be exchanged prior to receipt of evidence, in accordance with the direction of the arbitrator, and expert reports (including initial and rebuttal reports) not so submitted shall not be admissible as evidence.

.7 Authority of the Arbitrator. The arbitrator shall have the authority to hear dispositive motions and issue interim orders and interim or executory awards. .8 Waiver of Jury Trial. Contractor and City each voluntarily waives its right to a jury trial with respect to any Contractor Claim or Contract Dispute that is subject to binding arbitration in accordance with the provisions of this Paragraph 14.4.4.

Contractor shall include this provision for waiver of jury trial, waiving the right to jury trial in any action involving City as a party in its contracts with its Subcontractors who provide any portion of the Work.

14.5 Non-Waiver.

There shall be no waiver of the rights granted pursuant to the Dispute Resolution Process, unless specifically set forth in Public Contract Code section 9204((f)(1) or (2). Specifically, participation in the Contract Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of City, including, without limitation, any defense based on the assertion that the rights or Contractor Claims that are the basis of a Contract Dispute were previously waived by Contractor due to failure to comply with the Contract Documents, including, without limitation, Contractor’s failure to comply with any time periods for providing notice of requests for adjustments of the Contract Sum or Contract Time of Completion or for submission of Contractor Claims or supporting documentation of such claims.

SECTION 15 DEFAULT.

15.1 Notice of Default.

In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract.

15.2 Opportunity to Cure Default.

Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within ten (10) days after receipt of written notice.

SECTION 16 CITY'S RIGHTS AND REMEDIES.

16.1 Remedies Upon Default.

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In the event that Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 15, then City may pursue any remedies available under law or equity, including, without limitation, the following:

16.1.1 Delete Certain Services.

City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto.

16.1.2 Perform and Withhold.

City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related thereto.

16.1.3 Suspend The Construction Contract.

City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work.

16.1.4 Terminate the Construction Contract for Default.

City may terminate all or any part of this Construction Contract for default in accordance with Paragraph 16.4 below, reserving to itself all rights to Losses related thereto.

16.1.5 Invoke the Performance Bond.

City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond.

16.1.6 Additional Provisions.

All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity.

Designation in the Contract Documents of certain breaches as material shall not be construed as implying that other breaches not so designated are not material nor shall such designations be construed as limiting City’s right to terminate the Construction Contract, or the exercise of its other rights or remedies for default, to only material breaches. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may A.10.e
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proceed against Contractor to recover all liquidated damages and Losses suffered by City.

16.2 Delays by Sureties.

Without limitation to any of City’s other rights or remedies under the law, City has the right to suspend the performance by Contractor’s sureties in the event of any of the following:

(i) Failure of the sureties to begin Work within a reasonable time in such manner as to insure full compliance with the Construction Contract within the Contract Time;
(ii) Abandonment of the Work;
(iii) If at any time City is of the opinion the Work is unnecessarily or unreasonably delayed;
(iv) Willful violation of any terms of the Construction Contract; (v) Failure to perform according to the Contract Documents; or (vi) Failure to follow instructions of City for its completion within the Contract Time.

City will serve notice of such failure upon the sureties and in the event the sureties neglect or refuse to cure the breach within the time specified in such notice, City shall have the power to suspend the performance or any part thereof of the sureties.

16.3 Damages to City.

16.3.1 For Contractor's Default.

City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents.

16.3.2 Compensation for Losses.

In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to withhold monies otherwise payable to Contractor until Final Completion of the Project. If City incurs Losses due to Contractor’s default, then the amount of Losses shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Contractor or its designee upon Final Completion of the Project. If the Losses incurred by City exceed the amount withheld, Contractor shall be liable to City for the difference and shall promptly remit same to City.

16.4 Termination of the Construction Contract for Default.

Without limitation to any of City’s other rights or remedies at law or in equity, and reserving to itself all rights to Losses related thereto, City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 15. City’s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract.

Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein.

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16.5 Suspension by City for Convenience.

City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time, as City may determine, with such period of suspension to be computed from the date of the written order. Such order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order during the period of Work stoppage. Within the period of the above noted aggregate time, or such extension to that period as is agreed upon by Contractor and City, City shall either cancel the Suspension Order or delete the Work covered by such Suspension Order by issuing a Change Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. The provisions of this Paragraph 16.5 shall not apply if a Suspension Order is not issued by City. A Suspension Order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents.

16.6 Termination Without Cause.

City shall have the option, at its sole discretion and without cause, of terminating this Construction Contract in part or in whole by giving thirty (30) days written notice to Contractor. Contractor agrees to accept such sums as allowed under this Paragraph 16.6 as its sole and exclusive compensation and waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind.

16.6.1 Compensation.

Following such termination and within forty-five (45) days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 16.6, City shall pay to Contractor as its sole compensation for performance of the Work the following:
.1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor.
.2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors and Sub-subcontractors for:
(i) Demobilizing and
(ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination in an amount not to exceed the daily sum payable to Contractor for Compensable Delays in Paragraph

6.6 of this Construction Contract.

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.3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work.

16.6.2 Subcontractors.

Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 16.6.

16.7 Contractor’s Duties Upon Termination.

Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following:

(i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued;
(iii) Provide to City a description, in writing no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract;
(iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and
(v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto.

SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES.

17.1 Contractor’s Remedies.

Contractor may terminate this Construction Contract for cause only upon the occurrence of one of the following:

17.1.1 For Work Stoppage.

The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having A.10.e
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jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable.

17.1.2 For City's Non-Payment.

If City does not make payment of sums that are not in good faith disputed by City and does not cure such default within ninety (90) calendar days after receipt of notice from Contractor, then upon an additional thirty (30) days’ notice to City, Contractor may terminate the Construction Contract.

17.2 Damages to Contractor.

In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph16.6 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind.

SECTION 18 ACCOUNTING RECORDS.

18.1 Financial Management and City Access.

Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices consistently applied. City and City's accountants shall be afforded access at all times during normal business hours, to inspect, audit and copy Contractor's records, books, estimates, take- offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and Contractor shall preserve these for a period of three (3) years after the later of (i) final payment or (ii) final resolution of all Contract Disputes and other disputes or for such longer period as may be required by law.

18.2 Compliance with City Requests.

Contractor's compliance with any request by City pursuant to this Section18 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. Any failure by Contractor to provide access to its business records for inspection or copying by City shall be specifically enforceable by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony.

SECTION 19 INDEPENDENT PARTIES.

Both parties to this Construction Contract will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth.

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SECTION 20 NUISANCE.

Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection with the performance of services under this Construction Contract.

SECTION 21 PERMITS AND LICENSES.

Contractor, at its sole expense, shall obtain and maintain during the term of this Construction Contract, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services hereunder, including, but not limited to, a Hollister business license.

SECTION 22 WAIVER.

A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

SECTION 23 CONFLICTS WITH THE CONSTRUCTION CONTRACT.

City and Contractor agree that if there is any conflict between the terms of this Construction Contract and the other Contract Documents, this Construction Contract shall control.

SECTION 24 GOVERNING LAW.

This Construction Contract shall be construed in accordance with and governed by the laws of the State of California.

SECTION 25 COMPLETE AGREEMENT.

This Construction Contract represents the fully integrated and complete agreement and understanding between the parties with respect to the services set forth in this Construction Contract, and all preliminary negotiations and contracts of whatever kind or nature are merged herein. No verbal agreed or implied covenant shall be held to vary the provisions of this Construction Contract. Any modification of this Construction Contract will be effective only upon written execution signed by both City and Contractor and when approved as to form by the City Attorney.

SECTION 26 SURVIVAL OF CONTRACT.

The provisions of the Construction Contract, which by their nature survive termination of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any termination of the Construction Contract.

SECTION 27 ADDITIONAL CONTRACT REQUIREMENTS.

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This contract does have special fund(s) involved requiring additional contract requirements, therefore this section does apply.

This Contract includes the following source of fund(s) or the City intends to apply to the following source of fund(s) for reimbursement of the expenses associated with the work set forth in this Contract:
☐ Community Development Block Grant (CDBG)
☐ Housing and Urban Development (HUD)
☒ Other: Federal Aviation Authority (FAA)
☒ Other: Caltrans Division of Aeronautics

Therefore, City shall require Contractor to comply with the special fund(s) requirements (Exhibit 7), as they may be amended from time to time, in addition to all other requirements imposed by City.

SECTION 28 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM-SB 854 In accordance with State of California Senate Bill No. 854 (SB 854):

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

As of April 1, 2015, contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner (State of California, Division of Labor Standards Enforcement).

Please see the DIR website for complete details and actions. It is the responsibility of the contractor to ensure all DIR requirements and regulations are met and stay current. For more information on Senate Bill No. 854, see http://www.dir.ca.gov/Public-Works/SB854.html .

SECTION 29 GOVERNMENTAL POWERS.

Nothing in this Agreement shall be deemed directly or indirectly to restrict or to impair in any manner or respect whatsoever any of City's governmental powers or rights or the exercise thereof by City, with respect to the Work or Project.

SECTION 30 SEVERABILITY.

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In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.

SECTION 31 EXHIBITS.

Exhibit 1 – Notice Inviting Bids.

Exhibit 2 – Contractor's Bid.

Exhibit 3 – Instruction to Bidders and Proposal to the City of Hollister.

Exhibit 4 – Statement of Work.

Exhibit 5 – Items of Construction.

Exhibit 6 – Contract documents/ Forms to be submitted to the City within 5 Working says after Bid Opening Date.

Exhibit 7 – Airport Improvement Program Requirements.

Exhibit 8 – General Conditions.

Exhibit 9 – Special Provisions .

Exhibit 10 – Successful Bidder’s Contract Documents to be Submitted After the Project is Awarded.

Exhibit 11 – City of Hollister Forms and Memorandum Documents.

Exhibit 12 – FAA Technical Specifications.

IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above written.

CITY OF HOLLISTER,
a municipal corporation

By: ____________________________
Ignacio Velazquez, Mayor

APPROVED AS TO FORM:

By: __________________________
Mary F. Lerner, Lozano Smith Attorneys at Law

ATTEST:

By: ____________________________
Christine Black, MMC, City Clerk

CONTRACTOR:

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__________________________________
__________________________________
By _______________________________
Title _____________________________
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EXHIBIT 1
Notice Inviting Sealed Bids

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NOTICE INVITING SEALED BIDS
for the
Runway 6 Safety Improvement Project
A.I.P. No: 3-06-0105-26

The City Council of the City of Hollister invites sealed bids for the Runway 6 Safety Improvement Project, A.I.P. No. 3-06-0105-26.

The work to be performed includes: removal of the existing in-line taxiway preceding Runway 6, the demolition of a section of the existing Taxiway ‘C’ pavement, and the construction of a new connector taxiway at Runway 6 threshold. The project also includes: airfield electrical improvements for the new connector taxiway with mandatory guidance signage, relocation of the existing runway end lights and REIL’s, grading and drainage, stormwater water treatment, and pavement markings.

All work is to be done at the places and in the particular locations, of the forms, sizes and dimensions and of the materials and to the lines and as shown and delineated upon the plans and specifications made therefore and approved by the City.

The Bidder shall possess a Class A-General Engineering Contractor License with the provisions of the specifications and on itemized estimates duly certified and approved by the City Engineer submitted in accordance therewith, based on labor and materials incorporated into said work by the contractor.

Notice is hereby given that for any moneys earned by the contractor and withheld by the City to ensure performance of the contract, the contractor may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Chapter 13 (commencing with Section 4590), Division 5, Title 1 of the Government Code of the State of California.

Notice is hereby further given that, pursuant to Section 1773 of the Labor Code of the State of California, the City has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, classification, or type of workman required to execute the contract. A copy of said prevailing rate of per diem wages is on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said prevailing rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at the job site.

The general prevailing rate of wages, as determined by the Secretary of Labor are included hereinafter as a part of the Contract Documents; provided, that if there is any difference between the State or Federal wage rates for any given craft or mechanic needed to execute the work, it shall be mandatory upon the Contractor and any subcontractor to pay the higher of the two rates.

DISADVANTAGED BUSINESS ENTERPRISE (DBE): There is no DBE project goal established for this project. At this time, the City will meet the DBE goal on federally assisted projects through race neutral measures. The City supports the use of race neutral measures to facilitate participation by DBEs and other small businesses, and encourages prime contractors to subcontract portions of their work that they might otherwise perform with their own forces.

All proposals or bids shall be accompanied by cash, cashier’s or certified check payable to the order of the City Council of the City of Hollister, amounting to ten percent (10%) of the bid, or by a bond in said amount and payable to said Clerk signed by the bidder and a corporate surety, or by the bidder and two sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions.

The amount so posted shall be forfeited to said City in case the bidder depositing the same does not, within ten (10) days after written notice that the contract has been awarded to him, enter into a contract with the City. All certified or cashier’s checks will be deposited pending award of contract. Return of deposited certified or cashier’s checks will take approximately 30 days from award of contract.

Said sealed bids shall be delivered to the City Clerk of the City of Hollister, 375 Fifth Street, Hollister, CA, 95023, on or before 10:00AM on February 22, 2023, said time being at least ten (10) days from the first publication of this A.10.e
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notice. Bids will be publicly opened, examined and declared on said day and hour and referred to and considered by the City Council within One-hundred and twenty (120) calendar days from said bid opening date.

A non-mandatory Pre-bid conference will be held at the Airport Terminal Building, Hollister Municipal Airport on February 9, 2023, at 10:00 AM . The last date and time to submit questions or request for information regarding this project is set at 5:00 pm on February 15, 2023. Questions must be received prior to this time and date and in writing only. By e-mail at [email protected] or you may also utilize the Q/A feature within Bidnet Direct on the project. All questions received after this date and time will not be answered.

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION - 41 CFR PART 60-2:

1. The Offeror's or Bidder’s attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetable Until further notice
Goals for minority participation for each trade (23.2%) Goals for female participation in each trade (6.9%)

These goals are applicable to all of the contractor's construction work (whether or not it is Federal or federally-assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non-federally involved construction.

The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects.

The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is: State of California, County of San Benito, City of Hollister.

CERTIFICATION OF NONSEGREGATED FACILITIES - 41 CFR PART 60-1.8 Notice to Prospective Federally Assisted Construction Contractors

1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a federally- assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause.

2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed A.10.e
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EXHIBIT 1 Notice Inviting Sealed Bids 25
$10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

Notice to Prospective Subcontractors of Requirements for Certification of Non-Segregated Facilities

1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause.

2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

BUY AMERICAN PREFERENCES
Buy American Certification - The successful bidder must comply with Title 49 U.S.C. Section 50101. Unless otherwise formally approved by the Federal Aviation Administration (FAA), all acquired steel and manufactured products installed under the AIP assisted project must be produced in the United States. The Buy America requirements flow down from first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. Section of 50101(b) permits conditional waivers of this preference. Specifically, the FAA will consider a waiver if the bidder can demonstrate:
(1) Applying subsection 50101(a) is inconsistent with the public interest; (2) The steel and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality;
(3) The cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components and final assembly occurs within the United States (4) The inclusion of domestic material will increase the cost of the overall project by more than 25 percent.

As a condition of bid responsiveness, Bidder must indicate on the Buy American certification whether it intends to meet Buy American requirements by only installing 100% United States made steel and manufactured products or if they intend to request a permissible waiver to Buy America preferences.

Waivers determinations addressed under exceptions (1) and (2) will generally be made as part of the bid solicitation. Bidder may not request a waiver under exceptions (1) or (2).

The successful bidder that desires a waiver under exception (3) shall make the request by selecting the appropriate certification statement and complying with the following conditions:
- For equipment and material, the FAA has already issued a waiver to AIP Buy American preferences as indicated on the current FAA Buy American conformance list, bidder shall submit a listing of specific equipment and material it proposes to install on the project prior to the issuance of a Notice-to- Proceed.
- For equipment and material the FAA has not previously issued a waiver to Buy American preferences, the bidder identified with the apparent low bid agrees to prepare and submit to the owner a waiver request and component calculation information within 15 calendar days of the date of the notice of apparent award of contract.

The successful bidder that desires a waiver under exception (4) shall make the request by selecting the appropriate certification statement and complying with the following conditions:
- Provide detailed proposal costs using domestic product(s) and the overall project cost. - Provide detailed alternate proposal costs of the non-domestic product(s) and the overall project cost.

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EXHIBIT 1 Notice Inviting Sealed Bids 26
- If the proposal with domestic product(s) is more than 25% of the proposal with non-domestic product(s), the bidder may request a waiver under exception (4).

Bidder is hereby advised that Owner approval of any requested waiver is contingent upon approval by the FAA.

The submission of a Bid shall be conclusive evidence that the Bidder 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 submit the appropriate Buy America Certification with all bids or offers on AIP funded projects. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive.

The complete bid package, drawings, specifications, and addenda will be issued ELECTRONICALLY and are available for free by downloading the bidding documents at http://www.hollister.ca.gov/Services/open-bids-and-rfps/ Plan holders must register before they can view or purchase the bid package.

Pre-bid Meeting
Date/Time: February 9, 2023, at 10:00 AM Pacific Time (US and Canada)

Bid Opening
Date/Time: February 22, 2023 at Pacific Time (US and Canada)

Dated: _______________
City Clerk
City Clerk of the City of Hollister Published: __TBA___ & ___TBA___ A.10.e
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EXHIBIT 2 Contractor’s Bid 27

EXHIBIT 2
Contractor’s Bid
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EXHIBIT 2 Contractor’s Bid 28

PROPOSAL TO CITY OF HOLLISTER

To the Honorable City of Hollister Council

The undersigned as bidder declares that he has carefully examined the location of the proposed work, the plans and specifications and the proposed contract annexed thereto and agrees that if this proposal is accepted, to contract with the City of Hollister, in the form of the copy of the contract attached to the specifications, to provide all the materials (except those specifically mentioned to be furnished by the City), necessary machinery, tools, apparatus, and other means of construction and do all the work specified in the contract in the manner and time set forth for the improvement of the specified work entitled: Runway 6 Safety Improvement Project. .

Construction shall be in strict conformity with the plans and specifications prepared by the City of Hollister, copies of which are on file in the office of the City Clerk, and which plans and specifications are hereby made a part hereof. The Bidder proposes and agrees to contract with the City of Hollister to perform all of the work, including subsidiary obligations as defined in said specifications for the following prices to wit:

Schedule of Proposal
Runway 6 Safety Improvement Project
A.I.P. 3-06-0105-26

Item
No. SPEC No. Item Description Units Qty. Unit Price Bid Amount 1 C-105 MOBILIZATION/DEMOBILIZATION
(Max 5% of Total Bid) LS 1
$ $
2 P-101-5.3 REMOVAL OF FOREIGN
SUBSTANCES/CONTAMINATES SF 3,419
$ $
3 P-101-5.6 COLD MILLING SY 26,090
$ $
4 P-101-5.7 REMOVAL OF PIPE AND BURIED
STRUCTURES LF 39
$ $
5 C-100 CONTRACTOR’S QUALITY CONTROL LS 1
$ $
6 GCP-50-07.1a SURVEY CONTROL VERIFICATION LS 1
$ $
7 GCP-50-07.1b CONSTRUCTION SURVEY AND STAKING LS 1
$ $
8 GCP-50-07.1c RUNWAY SURVEY MONUMENT
ESTABLISHMENT EA 2
$ $
9 01480-4.1 AIRFIELD CONSTRUCTION AREA
CONTROL LS 1
$ $
10 01480-4.2 SWEEPERS AND FOD CONTROL CDAY 30
$ $
11 P-152-4.1 UNCLASSIFIED EXCAVATION CY 7,463
$ $
12 P-152-4.2 UNSUITABLE EXCAVATION CY 821
$ $
13 P-154-5.1 SUBBASE COURSE CY 728
$ $
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EXHIBIT 2 Contractor’s Bid 29
Item
No. SPEC No. Item Description Units Qty. Unit Price Bid Amount 14 P-155-8.1 LIME TREATED SUBGRADE SY 3,890
$ $
15 C-102-5.1a

IMPLEMENT THE STORM WATER

POLLUTION PREVENTION PLAN AND

MEASURES
LS 1
$ $
16 P-154-5.2 SEPARATION GEOTEXTILE SY 4,840
$ $
17 P-209-5.1 CRUSHED AGGRGATE BASE COURSE CY 660
$ $
18 P-401-8.1 ASPHALT SURFACE COURSE TON 704
$ $
19 P-602-5.1 EMULSIPHIED ASPHALT PRIME COAT GAL 1,620
$ $
20 P-603-5.1 EMULSIPHIED ASPHALT TACK COAT GAL 560
$ $
21 P-620-5.2b RUNWAY AND TAXIWAY MARKING SF 5,280
$ $
22 T-905-5.1 TOPSOIL (OBTAINED ON SITE OR
REMOVED FROM STOCKPILE) SY 24,640
$ $
23 T-901-5.1 EROSION CONTROL HYDRO-SEEDING SY 40,140
$ $
24 D-701-5.1 15" HDPE STORM DRAIN PIPE LF 1,150
$ $
25 D-701-5.2 12" RCP (CLASS V) LF 551
$ $
26 D-751-5.2 CATCH BASIN EA 1
$ $
27 D-751-5.3 CONCRETE INLET APRON EA 1
$ $
28 D-751-5.1a AIRCRAFT RATED MANHOLE EA 2
$ $
29 D-751-5.1b STORM DRAIN MANHOLE EA 4
$ $
30 D-705-5.1 BIORETENTION SF 5,492
$ $
31 D-752-5.1 CONCRETE FLARED END EA 1
$ $
32 P-640-4.1 RECYCLED WATER RELOCATION LS 1
$ $
33 L-100-5.1 ELECTRICAL DEMOLITION LS 1
$ $
34 L-100-5.2 AWOS FEEDER CONDUIT RELOCATION LS 1
$ $
35 L-108-5.1
NO. 8 AWG, 5KV, L-824, TYPE C CABLE,

INSTALLED IN TRENCH, DUCT BANK, OR

CONDUIT
LF 14,218
$ $
36 L-108-5.2
NO. 6 AWG, SOLID, BARE COPPER

COUNTERPOISE WIRE, INCLUDING

CONNECTIONS
LF 2,735
$ $
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EXHIBIT 2 Contractor’s Bid 30
Item
No. SPEC No. Item Description Units Qty. Unit Price Bid Amount 37 L-109-5.1 7.5KW, 3 STEP CONSTANT CURRENT
REGULATOR EA 1
$ $
38 L-110-5.1 NON-ENCASED SCH. 40 PVC CONDUIT, 1-
WAY 2" LF 1,645
$ $
39 L-110-5.2 CONCRETE-ENCASED SCH. 40 PVC
CONDUIT, 1-WAY 2" LF 450
$ $
40 L-110-5.3 DIRECTIONAL BORE SCH. 80 HDPE
CONDUIT, 1-WAY 2" LF 640
$ $
41 L-115-5.1 H-20 RATED CONCRETE HANDHOLE EA 2
$ $
42 L-125-5.1
NEW L-861E(L) ELEVATED RUNWAY END
LIGHT INSTALLED ON L-867 BASE CAN

INCLUDING NEW ISOLATION

TRANSFORMER, FLANGE RING, SPACER

RINGS, AND SPLICE KIT
EA 8
$ $
43 L-125-5.2
NEW L-861E(L) ELEVATED RUNWAY END
LIGHT INSTALLED ON EXISTING L-867

BASE CAN INCLUDING NEW ISOLATION

TRANSFORMER, FLANGE RING, SPACER

RINGS, AND SPLICE KIT
EA 8
$ $
44 L-125-5.3
NEW L-861(L) ELEVATED RUNWAY EDGE
LIGHT INSTALLED ON EXISTING L-867

BASE CAN INCLUDING NEW ISOLATION

TRANSFORMER, FLANGE RING, SPACER

RINGS, AND SPLICE KIT
EA 28
$ $
45 L-125-5.4
NEW L-861T(L) ELEVATED TAXIWAY EDGE
LIGHT INSTALLED ON L-867 BASE CAN

INCLUDING NEW ISOLATION

TRANSFORMER, FLANGE RING, SPACER

RINGS, AND SPLICE KIT
EA 36
$ $
46 L-125-5.4 NEW SIZE 2, 1 MODULE AIRFIELD SIGN
WITH CONCRETE BASE EA 2

47 L-125-5.5 NEW SIZE 2, 2 MODULE AIRFIELD
GUIDANCE SIGN WITH CONCRETE BASE EA 1
$ $
48 L-125-5.6 NEW SIZE 2, 3 MODULE AIRFIELD
GUIDANCE SIGN WITH CONCRETE BASE EA 1
$ $
49 L-125-5.7 NEW L-849I STYLE E REIL (PAIRED UNITS
PER EACH RUNWAY END) EA 3
$ $
BID TOTAL: This Bid Total is the amount to compare all bidders.

Items 1 thru 48 inclusive of all work incidental thereto and connect therewith

BID TOTAL: $ ______________________________

BID WRITTEN OUT

The bid prices given are to be considered current and future for this project. No escalation of the bid prices shown above, including the Unit Price, Bid Amount and Total Bid amount will be considered through the life of the project. No escalation of prices due to economic conditions of the material suppliers, subcontractors and contractor will be considered.

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EXHIBIT 2 Contractor’s Bid 31

Price, Bid Amount and Total Bid amount will be considered through the life of the project.

No escalation of prices due to economic conditions of the material suppliers, subcontractors and contractor will be considered.

Care has been taken to include all construction as described in the Contract Documents as Bid Items.

For any structure, fitting, accessory, etc. that is not clearly included in a bid item, the Contractor shall include it as a part of the most appropriate bid item.

______________________________________
Name and Title of Bidder

________________________________
Company

All bids will be compared on the basis of the Engineer's Estimate of the quantities of the work to be done for the combination of base selected.

The “Base Bid Total” number will be compared to determine basis of bid and lowest responsive bidder. Add Alternates as shown in the plans and specifications may be added to project at the time of award in the order directed by the City Council of the City of Hollister. The City Council of the City of Hollister reserves the right to add all, some or no Add Alternates during award of the project.

The undersigned has checked carefully all of the above figures and understands that the City shall not be responsible for any errors or omissions on the part of the undersigned in making up this bid.

In case of a discrepancy between a unit price and the corresponding bid amount, the unit price shall prevail.

Bidder acknowledges receipt of addendum below by placing their initials next to those numbers that they have received.

Addendum No. 1 ______ Addendum No. 3 ______

Addendum No. 2 ______ Addendum No. 4 ______

The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder.

The City reserves the right to reject any and all bids and to waive any informality or irregularity in bids received. It is agreed that this bid may not be withdrawn for a period of sixty (60) days from the opening thereof.

The terms and conditions of the final contract when executed shall control and supersede anything herein to the contrary or inconsistent with such contract.

The names of all persons interested in the foregoing proposal as principals are as follows:

NOTE: If the bidder or other interested person is a corporation state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual co-partners composing the firm; if bidder or other interested person is an individual, state first and last name in full.

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EXHIBIT 2 Contractor’s Bid 32

Bidder presently possesses the following license(s) (please state class and License number for each class)

and/or will
possess the class required by the contract specifications at the time of contract award.

Contractor’s DIR #

_________________________________ Signature of Bidder

NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation: If bidder is a co-partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contract on behalf of the co-partnership and if bidder is an individual, his signature shall be placed above.

Business Address: Business Phone:________________________

Email Address:_____________________________

Dated: , 20__

The estimate of construction quantities hereinbefore set forth is approximate only, being given as a basis for the comparison of bids and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the City.

If this proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to furnish bonds as provided in said specifications with sureties satisfactory to the City within ten (10) calendar days after the bidder has received notice from said City that the contract is ready for signature, the City may at its option, determine that the bidder has abandoned the contract, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City.

Enclosed find cash, certified check, cashier’s check or bidder's bond which is not less than ten per cent (10%) of this bid, payable to the City Clerk and which is given as a guarantee that the undersigned will enter into the contract if awarded the work.

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EXHIBIT 2 Contractor’s Bid 33
Bid Bond

KNOW ALL MEN BY THESE PRESENTS,

That___________________________________________________________________ as Principal, and

_______________________________________________ as Surety, are held and firmly bound unto the

City of Hollister, hereinafter called the "City" in the sum of _________________________________

_______________________________________________________________________________ dollars (not less than 10 percent of the total amount of the bid)

for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, surety is an insurer admitted to transact surety insurance in the State of California, and

WHEREAS, said Principal has submitted a Bid to said City to perform the Work required under the bidding schedule of the City's Contract Documents entitled:

Runway 6 Safety Improvement Project
A.I.P. No.: 3-06-0105-26

NOW THEREFORE, if said Principal is awarded the contract by said City, and, within the time and in the manner required in the “Instructions to Bidders” enters into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond, Payment Bond, Maintenance Bond, insurance certificates, and all other endorsements, forms and documents required under the “Instructions to Bidders,” then this obligation shall be null and void, otherwise it shall remain in full force and effect.

In the event suit is brought upon this bond by said City and City prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court.

SIGNED AND SEALED, this ______________________ day of _________________________, 20_____

Principal_________________________

By______________________________

Title___________________________

Surety___________________________

By______________________________

Title____________________________

(SEAL AND NOTARIAL

ACKNOWLEDGMENT

OF SURETY)
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EXHIBIT 2 Contractor’s Bid 34
Bidder’s Statement of Financial Responsibility, Technical Ability and Experience
(This form must be completed and submitted with this Bid) The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references which will enable the City Council to judge his/her responsibility, experience, skill and business standing.

The undersigned submits herewith a statement of his/her financial responsibility.

The undersigned submits below a statement of the work of a similar character to that included in the Proposed Contract which he/she has successfully performed. (Include the type of work, name, and phone number of all references).

TYPE NAME PHONE NUMBER

SIGNED
(SIGNATURE IN BLUE INK)

Attach Notary Acknowledgment if signature is not the same as the Proposal signature(s)

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EXHIBIT 2 Contractor’s Bid 35

Insurance Certification
(This certification shall be completed and submitted with the proposed Bid)

By signing below I hereby certify that ____________________________________________ (Insert company name)
is currently insured by an insurance company that is an “Authorized” carrier by the Insurance Commissioner of the California State Department of Insurance to transact the business of insurance in the State of California, and shall be written by insurers with a current A.M. Best Rating of “A-“ or better, and a financial size of “VII” or greater. Said insurance will expire on

I further hereby certify that, as the signer of this Bid proposal, I have read and understand the City’s insurance requirements as described in the section entitled “Certificate of Insurance” within these specifications and that proof of insurance will be required before the Public Works contract is recommended for award. Such proof shall be provided on an ISO Accord 25(s) from and an endorsement naming the City of Hollister as additionally insured is on the ISO CG 20 10 11 85 form or any other comparable endorsement, which does not further limit coverage, and which may be approved and accepted by the City’s Risk Management staff.

(Print Name)

Signature of Bidder:
(Signature in Blue Ink) (Date)

Attach Notary Acknowledgment if signature is not the same as the Proposal signature(s)

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EXHIBIT 2 Contractor’s Bid 36
Public Contract Code Section 10285.1 Statement

(This form shall be completed and submitted with this Bid)

In conformance with the Provisions in the Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the Bidder hereby declares under penalty of perjury under the laws of the State of California that the Bidder has , has not been convicted within the preceding 3 years of any offenses referred to in that Section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the Bidding upon, award of, or performance of, any Public Works Contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term “Bidder” is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The Bidder shall place a check mark after “has” or “has not” in one of the blank spaces provided.

The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

I declare under penalty or perjury under the laws of the State of California that the foregoing is true and correct.

SIGNED_____________________________
(signature in blue ink)

Attach Notary Acknowledgment if signature is not the same as the Proposal signature(s).

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EXHIBIT 2 Contractor’s Bid 37

Contractor’s Certification of Nonsegregated Facilities

FEDERALLY ASSISTED PROJECTS

(This form shall be completed and submitted with this Bid)

The federally-assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally-assisted construction contractor certifies that he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract.

As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or any other reason.

The federally-assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he will retain such certifications in his files.

Certification: The information above is true and complete to the best of my knowledge and belief.

Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. Section 1001.

Date , 20
(Name of Bidder)

Official Address (including ZIP Code): By: _______________________________ (signature in blue ink)

(Title)
________________________________

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EXHIBIT 2 Contractor’s Bid 38

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EXHIBIT 2 Contractor’s Bid 39
Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
(This form shall be completed and submitted with this Bid)

To the CITY OF HOLLISTER
In accordance with Title 23 United States Code Section 112, the Bidder hereby states, under penalty of perjury, that he/she has not, either directly or indirectly, entered into any agreement participated in any collusion, or otherwise taken any action in restraint of free competitive Bidding in connection with this Contract. And Public Contract Code 7106 the Bidder declares that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or date relative thereto, or paid, and shall not pay, any fee to any corporation, partnership, company association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.

Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

I declare under penalty or perjury under the laws of the State of California that the foregoing is true and correct.

SIGNED___ __________________________
(signature in blue ink)

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EXHIBIT 2 Contractor’s Bid 40
Attach Notary Acknowledgment if signature is not the same as the Proposal signature(s). 12-4-89 A.10.e
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EXHIBIT 2 Contractor’s Bid 41
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29

(This form shall be completed and submitted with this Bid)

The Bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of City Engineer, partner, director, officer, manager:

· Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;

· Has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;

· Does not have a proposed debarment pending; and

· Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions shall not necessarily result in denial of award, but shall be considered in determining Bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.

I declare under penalty or perjury under the laws of the State of California that the foregoing is true and correct.

SIGNED_____________________________
(signature in blue ink)

Attach Notary Acknowledgment if signature is not the same as the Proposal signature(s).

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EXHIBIT 2 Contractor’s Bid 42
Local Assistance Procedures Manual
EXHIBIT 12-E
PS&E Checklist Instructions
Attachment E

Debarment and Suspension Certification

TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29

(This form shall be completed and submitted with this Bid)

The Bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of City Engineer, partner, director, officer, manager:

· Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;

· Has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;

· Does not have a proposed debarment pending; and

· Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

I declare under penalty or perjury under the laws of the State of California that the foregoing is true and correct.

SIGNED_____________________________
(signature in blue ink)

Attach Notary Acknowledgment if signature is not the same as the Proposal signature(s).

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EXHIBIT 2 Contractor’s Bid 43
Nonlobbying Certification for Federal-Aid Contracts

(This form shall be completed and submitted with this Bid)

The prospective participant certifies, by signing and submitting this Bid or Proposal, to the best of his/ her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or shall be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal 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 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 shall be paid to any person for influencing or attempting to influence an officer or employee of any Federal 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 For-LLL, “Disclosure of Lobbying Activities”, in accordance with its instructions.

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 the Provisions in 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.

The prospective participant also agrees by submitting his/her Bid or Proposal that he/she shall require that the language of this certification be included in all lower tier Subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

I declare under penalty or perjury under the laws of the State of California that the foregoing is true and correct.

SIGNED_____________________________
(signature in blue ink)

Attach Notary Acknowledgment if signature is not the same as the Proposal signature(s).

12-4-89

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EXHIBIT 2 Contractor’s Bid 44
Buy American Certification
(Title 49 U.S.C. Section 50101)

(This certification shall be completed and submitted with the proposed bid)

PROJECT NAME:

AIRPORT NAME:

AIP NUMBER:

This solicitation and any resulting contract are subject to the Buy America requirements of 49 U.S.C. Section 50101.

The bidder certifies it and all associated subcontractors will comply with the Buy American preferences established under Title 49 U.S.C. Section 50101 as follows:

U.S.C. Section 50101 - Buying goods produced in the United States (a) Preference. - The Secretary of Transportation may obligate an amount that may be appropriated to carry out section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 471 (except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title for a project only if steel and manufactured goods used in the project are produced in the United States.
(b) Waiver. - The Secretary may waive subsection (a) of this section if the Secretary finds that - (1) Applying subsection (a) would be inconsistent with the public interest; (2) The steel and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality;
(3) When procuring a facility or equipment under section 44502(a)(2) or 44509, subchapter I of chapter 471 (except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title - A. The cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components of the facility or equipment; and
B. Final assembly of the facility or equipment has occurred in the United States; or (4) Including domestic material will increase the cost of the overall project by more than 25 percent. (c) Labor Costs. - In this section, labor costs involved in final assembly are not included in calculating the cost of components.

* * * * * * *

As a matter of bid responsiveness, the bidder or offeror must complete and submit this certification with their bid proposal. The bidder must sign and date the certification. The bidder/offeror must indicate how they propose to comply with the Buy America provision by selecting one of the following certification statements.

 The bidder hereby certifies that it will comply with Title 49 U.S.C Section 50101(a) by only installing steel and manufactured products produced in the United States of America.

The bidder further agrees that if chosen as the apparent low bid, it will submit documentation to the owner that demonstrate all steel and manufactured products are 100% manufactured in the United States.
 The bidder hereby certifies that it cannot fully comply with the Buy America preferences of Title 49 U.S.C Section 50101(a); bidder therefore requests a waiver per Title 49 U.S.C Section 50101(b) subject to the following conditions:

- For equipment and material the FAA has already issued a waiver to AIP Buy American preferences as indicated on the current FAA Buy American conformance list, bidder shall submit a listing of specific equipment and material it proposes to install on the project prior to the issuance of a Notice-to-Proceed.

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EXHIBIT 2 Contractor’s Bid 45

- For equipment and material the FAA has not previously issued a waiver to Buy American preferences, the bidder identified with the apparent low bid agrees to prepare and submit to the owner a waiver request and component calculation information within 15 calendar days of the date of the notice of apparent award of contract.

______________________________________________ ___________________ Bidder’s Firm Name Date

_______________________________________________
Signature

Attach Notary Acknowledgment if signature is not the same as the Proposal signature(s).

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EXHIBIT 2 Contractor’s Bid 46
Race-Neutral Disadvantaged Business Enterprise Utilization

The bidder is committed to ____% DBE utilization on this project.

Contractor

State Registration No.

By
(Signature) (Title)

Address

Phone No. Zip Code

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EXHIBIT 2 Contractor’s Bid 47
Trade Restriction Clause - 49 CFR Part 30
(VERSION 1, 1/5/90)

The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it:

(a) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR);

(b) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list;

(c) has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct, through the Sponsor, cancellation of the contract at no cost to the Government.

Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous.

The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.

This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct, through the Sponsor, cancellation of the contract or subcontract for default at no cost to the Government.

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EXHIBIT 2 Contractor’s Bid 48

Certification Regarding Foreign Trade Restrictions (Continued)

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001.

DATE ______________________________ SIGNED BY ______________________________

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EXHIBIT 2 Contractor’s Bid 49
Letter of Intent

Name of Bidder’s Firm:

Bidder’s Address:

City: State Zip

Name of DBE Firm:

Address:

City: State Zip

Telephone: Area Code

State DBE Certification Number:

Description of work to be performed by DBE firm:

Bidder intends to utilize the above-named DBE firm for the work described above. The estimated amount of work is valued at $_____________________.

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 DBE subcontractor.)

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EXHIBIT 2 Contractor’s Bid 50
Designation of Subcontractor

In compliance with the provisions of Section 4100-4107 of the Government Code of the State of California, and any amendments thereof, each bidder shall set forth below the name and location of the mill, shop or office of each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement to be performed under these specifications and the portion of the work which will be done by each Subcontractor.

If the Contractor fails to specify a Subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.

Subletting or subcontracting of any portion of the work as to which no subcontractor was designated in the original bid shall be permitted in cases of public emergency or necessity, but only after a finding, reduced in writing, as a public record of the City.

NAME, PHONE NUMBER, AND PLACE OF BUSINESS

OF SUBCONTRACTOR

SUBCONTRACTOR

LICENSE CLASS &
NUMBER

PORTION OF WORK TO BE

DONE (BY ITEM NUMBER &

PERCENTAGE)

1. ______________________________________
______________________________________
______________ ____________________

2. ______________________________________
______________________________________
______________ ____________________

3. ______________________________________
______________________________________
______________ ____________________

4. ______________________________________
______________________________________
______________ ____________________

5. ______________________________________
______________________________________
______________ ____________________

6. ______________________________________
______________________________________
______________ ____________________

7. ______________________________________
______________________________________
______________ ____________________

8. ______________________________________
______________________________________
______________ ____________________

9. ______________________________________

______________ ____________________
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EXHIBIT 3 Instructions to Bidders 51

EXHIBIT 3
Instructions to Bidders
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EXHIBIT 3 Instructions to Bidders 52

INSTRUCTIONS TO BIDDERS

A) GENERAL INFORMATION
The City of Hollister, California, will receive at the office of its City Clerk, 375 Fifth Street, Hollister, California until 3:00 pm on February 22, 2023, at which time they will be publicly opened and read, SEALED PROPOSALS WITH “Runway 6 Safety Improvement Project, A.I.P. No: 3-06- 0105-26” CLEARLY LABELED ON THE OUTSIDE FOR THE PERFORMANCE OF THE DESCRIBED WORK:

Said bids will be referred to and considered by the city council within One-hundred and twenty (120) calendar days from said bid opening date.

B) PROPOSAL FORMS
All proposals must be made upon the “Schedule of Proposal” contained within the specifications.

All proposals must give the prices proposed in figures and must be signed by the bidder with his address. If the proposal is made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under which laws of the corporation was chartered and the names, titles and business addresses of the president, secretary and treasurer.

C) BIDDER'S GUARANTY AND RETURN OF GUARANTY
All bids must be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bidder's bond made payable to the City Clerk of the City of Hollister, for an amount equal to at least ten percent (10%) of the said bid and no bid shall be considered unless such cash, cashier's check or bidder's bond shall become payable to the City of Hollister in case the bidder depositing same does not within ten (10) days after written notice that the contract has been awarded enter into a contract with the City. All certified or cashier's checks will be deposited pending award of contract. Return of deposited certified or cashier’s checks will take approximately 30 days from award of contract.

Bidders' bonds shall be issued by Sureties that conform to Subsection 2-4 CONTRACT BONDS of the City of Hollister Standard Specifications.

Upon request of the bidder, the City of Hollister will return the proposal guarantees accompanying such of the proposals that are not to be considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany upon request.

D) CONTRACT BONDS
Contract Bonds shall be provided in accordance with Subsection 2-4 Contract Bonds of the City of Hollister Standard Specifications. The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a labor and material bond and a faithful performance bond, each equal in amount to one hundred percent (100%) of the total bid price; said bonds shall be secured by a surety satisfactory to the City. The faithful performance bond shall be made effective for a period of one (1) year after date of acceptance of the work guaranteeing the prompt correction of faulty workmanship and the replacement of defective materials. Bonds shall contain provisions to make them enforceable by the City. Said bonds shall contain a provision that the surety thereon waives the provisions of Section 2819 of the Civil Code of the State of California.

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EXHIBIT 3 Instructions to Bidders 53

In lieu of said faithful performance bond for maintenance, the Contractor may furnish a maintenance bond in the amount of 10% of the total contract price to cover the one year warranty period.

Whenever any surety or sureties on any bonds, or on any bonds required by law for the protection of the claims or laborers and materials men, become insufficient, or the City of Hollister has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the contractor for such further bond or bonds or additional surety not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done.

Thereafter no payment shall be made upon such contract or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.

E) REJECTION OF PROPOSALS CONTAINING ALTERATIONS,

ERASURES OR IRREGULARITIES
Proposals may be rejected if they show any alteration of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities in the proposal.

The right is reserved to reject any and all proposals and to waive any informalities or irregularities in the proposal.

F) AWARD OF CONTRACT
The award of the contract, if it is awarded, will be made within One-hundred and twenty (120) calendar days after the opening of the proposals.

G) EXECUTION OF CONTRACT
The Contract shall be signed by the successful bidder and returned, together with the contract bonds, within ten (10) days after the bidder has received notice that the contract has been awarded.

No proposal shall be considered binding upon the City until the execution of the contract.

Failure to execute a contract and file acceptable bonds as provided herein within ten calendar days after the bidder has received notice that the contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty.

H) STANDARD SPECIFICATIONS
The work embraced herein shall be done in accordance with the appropriate provisions of the latest City of Hollister standard specifications, which shall be referred to as the “Standard Specifications” and any amendments thereto. Incorporated into the “Standard Specifications” are the latest edition and supplement, in effect at the time of advertisement of the work for bid, of the Southern California APWA “Standard Specifications for Public Works Construction” which shall be referred to as the “Green Book”.

Contractor work hours shall be in accordance with the Construction Phasing Plans

The APWA Green Book Specifications may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 202-7775.

The latest edition of the “CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS, REVISION 3”, as issued by CALTRANS, are hereby incorporated into these specifications.

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EXHIBIT 3 Instructions to Bidders 54

I) SUPPLEMENTAL PLANS AND SPECIFICATIONS
A portion of the work herein shall be completed in accordance with the Standard Plans and Specifications as published by the State of California, Department of Transportation (Caltrans), latest edition. Only those items which call out to be installed per Caltrans Specifications shall utilize said supplemental specifications. Sections 1 through 9 of these Caltrans Specifications shall be omitted in its entirety.

J) EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL

PROVISIONS, AND SITE OF WORK
The bidder is required to examine carefully the sites of, and the proposal, plans, specifications, and contract forms for, the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications and the special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that he has done so.

K) WORKERS' COMPENSATION INSURANCE
Attention is directed to subsection 7-4 WORKERS' COMPENSATION INSURANCE of the City of Hollister Standard Specifications, and Section 5-4.3 of the Green Book. Before the Contract is entered into, the Bidder to whom it is awarded shall comply with the provisions of Subsection 7-4 WORKERS' COMPENSATION INSURANCE and Section 5-4.3 of the Green Book.

L) LIABILITY INSURANCE
Attention is directed to Subsection 7-3 LIABILITY INSURANCE of the City of Hollister Standard Specifications, and Section 5-4.2 of the Green Book. Before the Contract is entered into, the bidder to whom it is awarded shall comply with the provisions of Subsection 7-3 LIABILITY INSURANCE, and Section 5-4.2 of the Green Book. Where limits of liability conflict, the limits stated in the Green Book shall prevail.

M) PREVAILING WAGES APPLICABLE
Notice is hereby given that, pursuant to Section 1773 of the Labor Code of the State of California, the City has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, classification, or type of workman required to execute the contract. A copy of said prevailing rate of per diem wages is on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said prevailing rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at the job site.

N) DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION
In accordance with California Labor Code Section 1725.5, Contractors and Subcontractors (as defined by California Labor Code Section 1722.1) bidding on Public Works contracts in California shall be registered with the Department of Industrial Relations prior to bidding.

Prior to award of contract, Contractor shall provide proof of on-line registration with the Department of Industrial Relations, including listed Subcontractors, by submitting a copy of the DIR database of registered Public Works Contractors, which display Contractor/Subcontractors’ legal name, A.10.e
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EXHIBIT 3 Instructions to Bidders 55
registration number, license type/number(s), registration date, and expiration date. Proof of DIR registration is not required to be submitted with the Bid.

O) NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND

SUBMITTED WITH BID
In accordance with Public Contract Code 7106 the attached “Noncollusion Declaration is to be Executed by Bidder and Submitted with Bid document.

P) HOURS OF CONSTRUCTION
City of Hollister Municipal Code section 17.16.100 “Noise”, hours of construction limits do not apply for this Project.

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EXHIBIT 4 Statement of Work 56
EXHIBIT 4
Statement of Work
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EXHIBIT 4 Statement of Work 57

STATEMENT OF WORK

A) LOCATION
The work to be performed is located within the boundaries of the Hollister Municipal Airport.

B) DESCRIPTION OF WORK
The work to be performed includes: removal of the existing in-line taxiway preceding Runway 6, the demolition of a section of the existing Taxiway ‘C’ pavement, and the construction of a new connector taxiway at Runway 6 threshold. The project also includes:
airfield electrical improvements for the new connector taxiway with mandatory guidance signage, relocation of the existing runway end lights and REIL’s, grading and drainage, stormwater water treatment, and pavement markings.

C) CONTRACT DOCUMENTS
Contractor will be provided with one full PDF of the drawings and specifications/Project Manual. No hard copy sets will be provided to the Contractor.

D) FIELD MEASUREMENT
The Contractor shall do all surveying deemed necessary by the Contractor, for the location and verification of control points and temporary bench marks. The Contractor shall be responsible for construction surveying to determine line and grade for the work.

E) TIME FOR COMPLETION
The Contractor shall begin work within ten (10) days after the written “Notice to Proceed”.

The work shall be diligently prosecuted to completion before the expiration of 120 Calendar Days for Mobilization and Procurement of Materials plus 90 Calendar Days for Phases 1 and 2
from the date of Notice to Proceed. The date of the notice to proceed shall constitute day one (1) of the construction time allowed.

Contractor shall provide a project schedule at the construction kick-off meeting.

F) REGISTRATION OF CONTRACTORS
As stated in Notice Inviting Sealed Bids.

G) DELETION OF CONSTRUCTION ITEMS
The City reserves the option to delete any item or items of construction in entirety without penalty. Section 2, “Scope of Work” of the Standard Specifications shall not apply.

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EXHIBIT 5 Items of Construction 58
EXHIBIT 5
Items of Construction
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EXHIBIT 5 Items of Construction 59

ITEMS OF CONSTRUCTION

Payment on all items listed in the Proposal shall include furnishing all materials, labor, tools, fittings, accessories, demolition, salvage, grading and drainage, trenching, pipe and structure installation, backfill and compaction, and equipment necessary to perform the work as specified herein. All work is paid for through corresponding bid items and no additional compensation shall be provided.

All items of work shall conform to the FAA Technical Specifications Parts 1 through 13 inclusive, the Plans, and the Construction Safety Phasing Plan (CSPP).

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EXHIBIT 6 Contract Documents/Forms to be Submitted to the City within 5 Working Days after Bid Opening Date 60
EXHIBIT 6
Contract Documents/Forms to be
Submitted to the City within 5
Working Days after Bid Opening Date
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EXHIBIT 6 Contract Documents/Forms to be Submitted to the City within 5 Working Days after Bid Opening Date 61

CONTRACT DOCUMENTS/FORMS TO BE SUBMITTED TO THE CITY
(WITHIN 5 WORKING DAYS AFTER BID OPENING DATE)
Bidder’s Statement of Subcontractors – Part II
(This information may be submitted with your Proposal. If it is not, and you are the apparent low Bidder or the second low Bidder, it shall be submitted and received by the City no later than 5 working days after Bid opening date)
The undersigned submits herewith a list of Subcontractors whom he/she proposes to employ on the work, with the proper firm name and business address of each.

If no list submitted, it shall be assumed that the Contractor shall do all the work as specified.

No Subcontractors, other than those listed in Bidders Statement of Subcontractors – Part I, shall be allowed to perform work under this Contract. Substituting a Subcontractor in place of a Subcontractor listed in the original Bid is prohibited, violators, may at the Agency’s discretion, result in cancellation of the Bid.

The Contractor and all Subcontractors shall have valid Contractor’s licenses for the classification of work performed, prior to submittal or award of Bid. All prospective Contractors may use the website
https://www2.cslb.ca.gov/OnlineServices/CheckLicense/LicenseRequest.asp to check each Subcontractor’s license status and expiration dates.

EXHIBIT 6 Contract Documents/Forms to be Submitted to the City within 5 Working Days after Bid Opening Date 62

Contractor shall provide all Subcontractor information requested above.

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EXHIBIT 6 Contract Documents/Forms to be Submitted to the City within 5 Working Days after Bid Opening Date 63

Subcontractor: __________________________________________ License No./State: _________________ Address: _________________________________ City: _______________________ Zip: _____________ Description of Work: _______________________________________________________________________ Telephone: ________________ Fax: ________________ e-mail Address: _____________________________ Bid Item No. & % of each: ___________________________________________________________________ DBE: Yes No
Subcontractor: __________________________________________ License No./State: _________________ Address: _________________________________ City: _______________________ Zip: _____________ Description of Work: _______________________________________________________________________ Telephone: ________________ Fax: ________________ e-mail Address: _____________________________ Bid Item No. & % of each: ___________________________________________________________________ DBE: Yes No
Subcontractor: __________________________________________ License No./State: _________________ Address: _________________________________ City: _______________________ Zip: _____________ Description of Work: _______________________________________________________________________ Telephone: ________________ Fax: ________________ e-mail Address: _____________________________ Bid Item No. & % of each: ___________________________________________________________________ DBE: Yes No
Subcontractor: __________________________________________ License No./State: _________________ Address: _________________________________ City: _______________________ Zip: _____________ Description of Work: _______________________________________________________________________ Telephone: ________________ Fax: ________________ e-mail Address: _____________________________ Bid Item No. & % of each: ___________________________________________________________________ DBE: Yes No
Subcontractor: __________________________________________ License No./State: _________________ Address: _________________________________ City: _______________________ Zip: _____________ Description of Work: _______________________________________________________________________ Telephone: ________________ Fax: ________________ e-mail Address: _____________________________ Bid Item No. & % of each: ___________________________________________________________________ DBE: Yes No
Contractor shall provide all Subcontractor information requested above.

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EXHIBIT 6 Contract Documents/Forms to be Submitted to the City within 5 Working Days after Bid Opening Date 64

SIGNED:

Attach Notary Acknowledgment if signature is not the same as the Proposal signature(s) A.10.e
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EXHIBIT 6 Contract Documents/Forms to be Submitted to the City within 5 Working Days after Bid Opening Date 65

Equal Employment Opportunity Certification
(This information may be submitted with your Proposal. If it is not, and you are the apparent low Bidder or the second low Bidder, it shall be submitted and received by the Engineering Department no later than 5 working days after Bid opening date.)

The Bidder_______________________________________________________________________, proposed Subcontractor_______________________________________________, hereby certifies that he/she has_____, has not_____, participated in a previous Contract or Subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he/she has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government Contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and shall be submitted by Bidders and proposed Subcontractors only in connection with Contracts and Subcontracts which are subject to the equal opportunity clause.

Contracts and Subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only Contracts or Subcontracts of $10,000 or under are exempt.)

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime Contractors and Subcontractors who have participated in previous Contract or Subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of Contracts and Subcontracts unless such Contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

I declare under penalty or perjury under the laws of the State of California that the foregoing is true and correct.

SIGNED_____________________________
(signature in blue ink)

Attach Notary Acknowledgment if signature is not the same as the Proposal signature(s). 12-4-89

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EXHIBIT 6 Contract Documents/Forms to be Submitted to the City within 5 Working Days after Bid Opening Date 66

Affirmative Action Form

The City of Hollister has adopted a policy designed to encourage minority and women participation in the contractor's workforce. Certain construction contracts will require submission of an Affirmative Action Plan to be submitted by the apparent successful bidder (low bidder) and the second low bidder within five (5) working days from the date of bid opening. The City is available to advise bidders of the form and content of the Affirmative Action Plan. Contracts estimated by the City to cost $250,000 or more require the successful bidder to provide an Affirmative Action Plan.

City of Hollister
Engineering Department
375 Fifth Street
Hollister, CA 95023

1. Firm Name

2. Street Address City State Zip

3. Mailing Address City State Zip

4. Telephone

5. Composition of Ownership

Is this business owned and Is this business owned and managed managed by a female? (If yes, by a minority? (If yes, indicate must be at least 51% female below the percent of ownership) owned) ____yes ____no ____yes ____no

Percent of Ownership: White____ Black____ Hispanic____ Asian/Pacific Islander____
American Indian/Alaskan Native____

6. Name of person responsible for affirmative action in your firm

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EXHIBIT 6 Contract Documents/Forms to be Submitted to the City within 5 Working Days after Bid Opening Date 67

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EXHIBIT 6 Contract Documents/Forms to be Submitted to the City within 5 Working Days after Bid Opening Date 68

Declaration

The undersigned declares that the foregoing statements are true and correct and include all material information necessary to identify and explain the operations and ownership of:

Name of Firm

The undersigned understands that in accordance with California Law any person through its directors, officers, or agents that falsely represents a business as a women or minority business enterprise in an attempt to procure contracts is subject to fine or imprisonment.

The undersigned agrees to inform the City of Hollister of any changes to the information contained herein, particularly changes in ownership, controlling interest, or operations while under contract with the County.

The undersigned does further certify that the above-named firm shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin, or because they are disabled, or veteran of the Vietnam era, and shall comply with all applicable provisions of state and federal requirements regarding equal employment opportunity, affirmative action reporting and compliance programs, utilization of minority business enterprise and subcontractor programs.

Executed at_______________________________, on__________________________________.

By______________________________________________Title__________________________

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EXHIBIT 6 Contract Documents/Forms to be Submitted to the City within 5 Working Days after Bid Opening Date 69

Bidder’s List
for
The City of Hollister

(This information may be submitted with your proposal. If it is not, and you are the apparent low Bidder or the second low Bidder, it must be submitted and received by the Engineering Department no later than 5 working days after Bid opening date.)
All Bidders are required to provide the following information for all DBE and non-DBE contractors, who provided a proposal, Bid, quote, or were contacted by the proposed prime.

This information is also required from the proposed prime contractor, and must be submitted with their Bid/proposal. In order for the City of Hollister to conform with Federally-Mandated DBE Program Bidders List, it will use this information to maintain and update a “Bidders List" to assist in the overall annual goal DBE goal setting process.

Firm Name: Phone:

Address: Fax:

License No.:

Exp. Date:

Contact Person & Title: No. of Years in Business:

Is the firm currently certified as a DBE under the new regulations (49 CFR Part 26)? Yes No Type of work/services/materials provided by firm: ___________________________________ __________________________________________________________________________ What was you firm’s Gross Annual receipts for last year? Less than $1 Million
Less than $5 Million
Less than $10 Million
Less than $15 Million
More than $15 Million

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

SIGNED:

This form may be copied as needed to report all Bidders (DBEs and non-DBEs) information.

Revision Date 03/19/03
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EXHIBIT 7

AIRPORT IMPROVEMENT

PROGRAM REQUIREMENTS
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AIRPORT IMPROVEMENT PROGRAM REQUIREMENTS
General Labor Requirements
for All Contracts and Subcontracts
a) Airport Improvement Program (AIP) Project
The work in this contract is included in the AIP Project which is being undertaken and accomplished by the OWNER in accordance with the terms and conditions of a grant agreement between the OWNER and the United States under the Airport and Airway Safety and Capacity Expansion Act of 1987, pursuant to which the United States has agreed to pay a certain percentage of the costs of the project that are determined to be allowable project costs under that Act. The United States is not a party to this contract and no reference in this contract to the FAA or any representative thereof, or to any rights granted to the FAA or any representative thereof, or the United States, by the contract, makes the United States a party to this contract.

b) Consent to Assignment
The contractor shall obtain the prior written consent of the owner to any proposed assignment of any interest in or part of this contract.

c) Convict Labor
No convict labor may be employed under this contract.

d) 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.

e) Withholding, Sponsor from Contractor
Whether or not payments or advances to the owner are withheld or suspended by the FAA, the owner may withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the contractor or any subcontractor on the work the full amount of wages required by this contract.

f) Nonpayment of Wages
If the contractor or subcontractor fails to pay any laborer or mechanic employed or working on the site of the work any of the wages required by this contract owner may, after written A.10.e
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notice to the contractor, take such action as may be necessary to cause the suspension of any further payment or advance of funds until the violations cease.

g) FAA Inspection and Review
The contractor shall allow any authorized representative of the FAA to inspect and review any work or materials used in the performance of this contract.

h) Subcontracts
The contractor shall insert in each of his subcontracts the provisions contained in paragraphs a, c, d, e, f, and g of this section, and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts they may in turn be made.

i) Contract Termination
A breach of paragraphs f, g, and h of this section may be grounds for termination of the contract.

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Miscellaneous Clause Requirements For All Construction Contracts and Subcontracts
a) 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. b) 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.
c) Compliance with Nondiscrimination Requirements
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:
(i) Compliance with Regulations
The contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts And Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. (ii) 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. d) 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.
e) Information and Reports
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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.
f) Sanction 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. g) 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.

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Title VI List of Pertinent Nondiscrimination 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); · The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 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 A.10.e
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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).

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.

The 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. The Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the contract. The Owner’s notice will identify a specific date by which the Contractor must correct the breach. Owner may proceed with termination of the contract if the Contractor fails to correct the breach by 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.

Termination of Contract
a. The Sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services must be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. b. If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price will be made, but no amount will be allowed for anticipated profit on unperformed services.
c. If the termination is due to failure to fulfill the contractor's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor is liable to the Sponsor for any additional cost occasioned to the Sponsor thereby.
d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination will be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price will be made as provided in paragraph 2 of this clause.
e. The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

Clean Air and Water Pollution Control
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to A.10.e
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the Clean Air Act (42 U.S.C. § 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 exceeds $150,000.

Rights to Inventions
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within in the 37 CFR §401.14.

Contractor must include this requirement in all sub-tier contracts involving experimental, developmental or research work.

Access to Records and Reports
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records 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.

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Clauses for Construction Contracts and Subcontracts
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.

Contract Workhours and Safety Standards Act Requirements (1) Overtime Requirements.

No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; Liability for Unpaid Wages; Liquidated Damages.

In the event of any violation of the clause set forth in paragraph (1) above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above.
(3) Withholding for Unpaid Wages and Liquidated Damages.

The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above.

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(4) Subcontractors.

The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section.

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 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.

Requirement Federal Agency with Enforcement
Responsibilities
Occupational Safety and Health Act of 1970 (20 CFR Part 1910) U.S. Department of Labor – Occupational Safety and Health Administration

Davis-Bacon Requirements
(1) Minimum Wages
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) A.10.e
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of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, A.10.e
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that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
(2) Withholding
The Federal Aviation Administration or the sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.

Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead A.10.e
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the payrolls shall only need to include an individually identifying number for each employee (e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.

Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR §

5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying or transcription by authorized representatives of the sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant or owner, A.10.e
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take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and Trainees
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every A.10.e
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trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (5) Compliance with Copeland Act Requirements
The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.
(1) Subcontracts
The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.
(2) Contract Termination: Debarment
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(3) Compliance with Davis-Bacon and Related Act Requirements All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. (4) Disputes Concerning Labor Standards
Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes A.10.e
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within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
(5) Certification of Eligibility
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

Copeland “Anti-Kickback” Act
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration United States Department of Labor Wage and Hours Division can provide information regarding any specific clauses or assurances pertaining to the Copeland “Anti- Kickback” Act requirements required to be inserted in solicitations, contracts or subcontracts.

Equal Opportunity Clause
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identify or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

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(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(4) he contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor . (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States.

Standard Federal Equal Employment Opportunity Construction Contract Specifications

1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from which this contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; A.10.e
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c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes:
(1) (Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) (Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) (Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) (American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.

3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.

4. The contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered A.10.e
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construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto.

6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor.

7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the A.10.e
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contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and A.10.e
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female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance.

9. A single goal for minorities and a separate single goal for women have been established.

The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized.

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10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.

11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.

12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.

13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.

14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

Disadvantaged Business Enterprise
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 A.10.e
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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 30 days from the receipt of each payment the prime contractor receives from the City of Hollister. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Hollister. This clause applies to both DBE and non-DBE subcontractors.

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.C. 6201et seq).

Prohibition of Segregated Facilities
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract.
(b) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes.
(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract.

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 A.10.e
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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 for Convenience
The Owner may terminate this contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause:

1. Contractor must immediately discontinue work as specified in the written notice.

2. Terminate all subcontracts to the extent they relate to the work terminated under the notice.

3. Discontinue orders for materials and services except as directed by the written notice.

4. Deliver to the owner all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work and as directed in the written notice.

5. Complete performance of the work not terminated by the notice.

6. Take action as directed by the owner to protect and preserve property and work related to this contract that Owner will take possession.

Owner agrees to pay Contractor for:

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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.

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.

Contract Workhours and Safety Standards Act Requirements (1) Overtime Requirements.

No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; Liability for Unpaid Wages; Liquidated Damages.

In the event of any violation of the clause set forth in paragraph (1) of this clause, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.
(3) Withholding for Unpaid Wages and Liquidated Damages.

The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and A.10.e
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Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this clause.
(4) Subcontractors.

The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.

Banning 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.

Seismic Safety
The contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.

Davis-Bacon Prevailing Wage And Salary Range
The General Wage Decision Number: can be found at: https://sam.gov/wage-determination A.10.e
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EXHIBIT 8
General Conditions
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GENERAL CONDITIONS
SECTION 1 DEFINITIONS AND TERMS
G1.01 GENERAL. Whenever the following abbreviations and terms, or pronouns in place of them, appear in the Contract Documents, the intent and meaning shall be interpreted as provided in this Section 1. Working titles having a masculine gender, such as "workman" and "flagman" and the pronoun "he," are utilized for the sake of brevity, and are intended to refer to persons of either sex.

G1.02 DEFINITIONS. As used herein, unless the context otherwise requires, the following terms have the following meaning:

Acceptance: The formal written acceptance by the City of an entire contract which has been completed in all respects in accordance with the Contract Documents.

Addenda: Written interpretations or revisions to any of the Contract Documents issued by the City before the bid opening.

Agents: The term "agents" means, in the case of the City, its Consulting Engineer, (if not the Engineer of the work and defined as the Engineer in the Contract Documents), the City Legal Counsel and others retained by the City to provide services associated with contract work.

As Approved: The words "as approved," unless otherwise qualified, shall be understood to be followed by the words "by the Engineer for conformance with the Contract Documents."

As-Built Drawings: Contract plans revised to reflect any modifications resulting during the construction phase and conditions found to differ from those shown on the contract plans.

As Shown; and As Indicated: The words "as shown" and "as indicated" shall be understood to be followed by the words "on the Contract Plans," "in the Specifications" or "by the Contract Documents" as appropriate.

Bidder: Any individual, firm, partnership, corporation or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

Caltrans: The Department of Transportation, Business & Transportation Agency, State of California.

City: The City of Hollister.

City Manager: The City Manager of the City.

City Clerk: The City Clerk of the City.

Contract Change Order: An order authorized by the City and issued to the contractor amending the Contract Documents. An "approved Contract Change Order" is an order signed by the Engineer or the City Manager. An "executed Contract Change Order" is an order signed by the Engineer or the City Manager and the Contractor.

Contract: The written agreement covering the performance of the work and the furnishing of labor, materials, tools and equipment in the construction of the work. The Contract shall include the Contract Documents, and any and all supplemental agreements. Supplemental agreements are A.10.e
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written agreements covering alterations, amendments or extensions to the Contract and include contract change orders.

Contract Completion: The date the City accepts the entire work as being in compliance with the Contract Documents, or formally waives nonconforming work to the extent of nonconformity, and issues the final payment in accordance with Section 9 of these General Conditions.

Contract Documents: The Contract Documents consist of the Notice to Bidders; General Conditions; Special Provisions; Technical Specifications; Proposal (as accepted); Contract; Contract Drawings; Addenda; Change Orders and any other documents specified and required to be part of the Contract.

Contractor: The person or persons, firm, partnership, corporation or combination thereof, private or municipal, who enters into the Contract with the City. Requirements set out in the Contract Documents for the Contractor shall apply to all of the Contractor's agents, subcontractors and suppliers as applicable.

Contract Drawings: The official plans, profiles, cross sections, elevations, details, and supplemental drawings furnished by the Engineer, which show the locations, character, dimensions and details of the work to be performed. Contract Drawings may either be bound in the same book as the balance of the Contract Documents or bound in separate sets, and are a part of the Contract Documents regardless of the method of binding. Also referred to as "Contract Plans," "Plans," and "Drawings."

Council or City Council: The City Council of the City of Hollister.

County: The County of San Benito.

Days: Unless otherwise designated, "days" will be understood to mean calendar days.

Engineer: The City's Director of Public Works or City Engineer, unless otherwise defined in the Special Provisions. The term may also include representatives or agents of the City acting in contract administration capacities such as a Resident Engineer or Inspector when such inclusion is appropriate such as in the context of a Notice of Potential Claim and Safety Requirements.

Engineer's Estimate: The list of estimated quantities of work to be performed as may be contained in the Proposal Form.

Federal Agencies: Whenever, in the Specifications, reference is made to any Federal agency or officer, such reference shall be deemed made to any agency or officer succeeding, in accordance with law, to the powers, duties, jurisdiction and authority of the agency or officer mentioned.

Field Changes/Directives: A document that records minor variations or changes in the plans and/or specifications, which minor variations do not affect the basic design, schedule, compensation or other material terms of the contract.

Fixed Costs: Any necessary labor, material and equipment costs directly expended on the item or items under consideration, which remain constant regardless of the quantity of the work done.

General Notes: The written instructions, provisions, conditions or other requirements appearing on the Contract Drawings, and so identified thereon, which pertain to the performance of the work.

Legal Holidays: Those days designated as State holidays by the Government Code or declared by A.10.e
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the City Council.

Liquidated Damages: The amount prescribed in the Contract Documents to be paid to the City or to be deducted from any payments due or to become due the Contractor for each calendar day's delay in completing the whole, or any specified portion, of the work beyond the time allowed in the Contract Documents.

Notice to Proceed: A written notice given by the City to the Contractor fixing the date on which the Contract time will commence to run and on which the Contractor shall start to perform its obligation under the Contract Documents.

Office of the City: Whenever reference is made to the Office of the City or the City's office, such reference shall be deemed made to the City's office at 375 Fifth Street, Hollister, California 95023.

Or Equal: The term "or equal" shall mean that the "equal" product is the same or better than the product named in function, performance, reliability, quality and general configuration. Determination of equality in reference to the project design requirements will be made by the Engineer. Such equal products shall not be purchased or installed by the Contractor without written acknowledgment of the Engineer.

Owner: The City.

Plans: Refer to Contract Drawings.

Professional Engineer: An engineer licensed by the Board of Registration for Professional Engineers, State of California.

Project: A term sometimes used to reference the work of improvement called for under the Contract.

Proposal: The offer of the bidder for the work, when made out and submitted on the prescribed proposal form, properly signed and guaranteed.

Proposal Form: The approved form upon which the City requires formal bids be prepared and submitted for the work.

Proposal Guaranty: The cashier's check, certified check or Bidder's Bond accompanying the proposal submitted by the bidder, as a guaranty that the bidder will enter into a contract with the City for the performance of the work, if the Contract is awarded to him. Also referred to as "Bidder's Security."

Provide: The term "provide" shall be understood to mean "furnish and install, complete and in place."

Responsive: A "responsive" Proposal is one, which complies with the requirements prescribed herein for Proposals.

Responsible: A "responsible" proposer is one who has the ability and will to satisfactorily perform the contract as evidenced by the proposer's experience and skills in the kind of work contemplated by the contract, access to resources, financial stability, dependability and integrity and who has demonstrated trustworthiness, as well as quality of fitness.

Special Provisions: The Special Provisions are specific clauses setting forth conditions or requirements of the work and supplementary to these General Conditions. Also referred to as A.10.e
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"Supplementary Conditions."

Specifications: The term "Specifications" refers to those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship set forth in the latest edition of the City of Hollister Standard Specifications; the latest edition of the Greenbook; the latest edition of the California Manual on Uniformed Traffic Control Devices; and, the latest edition of the California Department of Transportation Standard Specifications, except Sections 1-9 are omitted in their entirety; as applied to the work and certain administrative details applicable thereto. Where standard specifications, such as those of ASTM, AASHTO, etc., have been referred to, the applicable portions of such standard specifications shall become a part of these Contract Documents. If referenced specifications conflict with Specifications contained herein, the requirements contained herein shall prevail. Also referred to as "Technical Specifications."

State: The State of California.

Substantial Completion: There is substantial completion or substantial performance of the contract when all essentials necessary to the full accomplishment of the purpose for which the things contracted for are performed with such an approximation to complete performance that the City obtains substantially what is called for by the contract. The City shall determine substantial completion in its own judgment.

Work: The term "Work" includes all material, labor, tools, and all appliances, machinery, transportation, and appurtenances necessary to perform and complete the Contract, and such additional items not specifically indicated or described which can be reasonably inferred as belonging to the item described or indicated and as required by good practice to provide a complete and satisfactory system or structure.

Work Site: The area or areas of actual construction and the areas immediately adjacent thereto.

Note: The use of any particular gender pronoun shall mean either or both genders without qualification or reservation. The use of a particular pronoun is for convenience of document construction only.

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G1.03 ABBREVIATIONS. As used herein, unless the context otherwise requires, the following abbreviations have the following meanings:

AAMA Architectural Aluminum Manufacturers' Association

AAN American Association of Nurserymen

AASHTO American Association of State Highway and Transportation Officials

ACI American Concrete Institute

AFBMA Anti-Friction Bearing Manufacturers' Association

AGA American Gas Association

AGMA American Gear Manufacturers' Association

AIA American Institute of Architects

AIEE American Institute of Electrical Engineers
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
AITC American Institute of Timber Construction
AMCA Air Movement and Control Association
ANSI American National Standards Institute
APA American Plywood Association
APWA American Public Works Association

API American Petroleum Institute

AREA American Railway Engineering Association

ARI American Refrigeration Institute

ASA American Standards Association

ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers

ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AT&T American Telephone and Telegraph
AWG American Wire Gage
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AWPA American Wood Preservers' Association

AWS American Welding Society

AWWA American Water Works Association

CRSI Concrete Reinforcing Steel Institute

CS Commercial Standards (US Department of Commerce)

CSI Construction Specifications Institute

DOT United States Department of Transportation

EIA Electronic Industries Association

EPA Environmental Protection Agency
FGMA Flat Glass Marketing Association
FHWA Federal Highway Administration
FM Factory Mutual
FS Federal Specification

IAMPO International Association of Mechanical and Plumbing Officials

ICBO International Conference of Building Officials

IEEE Institute of Electrical and Electronics Engineers

NAAMM National Association of Architectural Metal Manufacturers

NBFU National Bureau Fire Underwriters

NEC National Electrical Code

NEMA National Electrical Manufacturers' Association

NFC National Fire Code

NFPA National Fire Protection Association

OSHA Occupational Safety and Health Administration

PEI Porcelain Enamel Institute

PG&E Pacific Gas and Electric Company

PS Product Standard (US Department of Commerce)
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PacBell Pacific Bell

SAE Society of Automotive Engineers
SCFM Standard Cubic Feet per Minute
SCPO Structural Clay Products Institute
SDR Standard Dimension Ratio
SMACNA Sheet Metal and Air Conditioning Contractors' National Association

SSPC Steel Structures Painting Council

TCA Tile Council of America

TPI Truss Plate Institute

UBC Uniform Building Code

UL Underwriters' Laboratory

UMC Uniform Mechanical Code

UPC Uniform Plumbing Code

WCLIB West Coast Lumber Inspection Bureau
WIC Woodwork Institute of California
WWPA Western Wood Products' Association
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SECTION 2 PROPOSAL REQUIREMENTS, INSTRUCTIONS TO BIDDERS

G2.01 OBTAINING PROPOSAL FORMS. Proposal forms and other bid documents shall be obtained electronically via the City of Hollister website at the following link:
http://www.hollister.ca.gov/services/open-bids-and-rfps/

G2.02 ENGINEER'S ESTIMATE. If an Engineer's Estimate of quantities is given in the Proposal, the quantities are approximate only, being given as a basis for the comparison of bids. The City does not, expressly or by implication, agree that the actual amount of work will correspond to the estimate. The City reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work.

G2.03 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK. The bidder shall examine carefully the Contract Documents and the site of work and shall inform himself of the conditions relating to the execution of the work. Failure to do so will not relieve the successful bidder of its obligation to enter into a Contract and complete the work in strict accordance with the Contract Documents. "Conditions relating to the execution of the work" include the requirements of federal, state and local laws, statutes and ordinances relative to the execution of the work, including, but not limited to, applicable regulations concerning minimum wage rates, non-discrimination in the employment of labor, protection of public and employee health and safety, and environmental protection. The submission of a Proposal shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and scope of work to be performed, the quantities of materials to be furnished and the requirements of the Contract Documents.

G2.04 SURFACE TOPOGRAPHY; SUBSURFACE CONDITIONS DATA. Where an investigation of surface topography and/or subsurface conditions has been conducted in areas where work is to be performed, prospective bidders may inspect the records of such investigations at the City office subject to and upon the conditions set forth in these Contract Documents.

Investigations of surface topography and/or subsurface conditions were made for the purpose of study and design only and neither the City nor the Engineer(s) which conducted such investigations assumes any responsibility whatsoever in respect to the sufficiency or accuracy of the investigations thus made, the records thereof, or of the interpretations set forth therein or made by the City in its use thereof.

There is no warranty or guaranty, either express or implied, that the conditions indicated by such investigations are representative of those existing throughout such areas, or any part thereof, or that unforeseen developments may not occur, or that materials other than or in proportions different from those indicated may not be encountered.

Logs of test borings, geotechnical reports, or topographic maps showing a record of the data obtained by the City's investigations of surface and subsurface conditions that are made available shall not be considered a part of the Contract Documents. Such logs, reports and maps represent only the opinion of the consultant retained by the City as to the character of the materials encountered by him in its investigations and are available only for the convenience of the bidder or Contractor.

The availability or use of information described in this Section G2.04 is not intended to be and shall not be construed to be a waiver of the provisions of Section G2.03, and will not relieve the bidder or Contractor from any risk, or from properly examining the site and making such additional investigations as he may elect, or from properly fulfilling all the terms of the Contract Documents.

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G2.05 EXPLANATIONS. Any explanation of the Contract Documents desired by a prospective bidder shall be requested in writing from the Engineer, and delivered to City no less than fourteen (14) calendar days prior to the date for opening of proposals. Any explanation, instruction, or change to Contract Documents will be made by written addendum, which will be mailed or delivered to each firm receiving a set of the Contract Documents. Upon mailing or delivery, such addendum will become a part of Contract Documents and binding on all bidders. The receipt of the addendum by the bidder shall be acknowledged and so noted in the space provided on the Proposal Form. All addenda shall be attached to the Proposal. Only written explanations, instructions or changes so given by the City will be effective. Oral explanations or instructions will not be binding on the City.

G2.06 PREPARATION OF PROPOSALS. The form of Proposal in this book, when filled out and executed by the bidder, shall be submitted as its bid. Bids not presented on such forms will be disregarded.

All blank spaces in the Proposal form must be filled in, as required, preferably in black ink. All price information shall be shown, clearly legible, in both words and figures, where required. No changes shall be made in the phraseology of the forms. Written amounts shall govern in the case of discrepancy between the amounts stated in writing and the amounts stated in figures. In case of discrepancy between unit prices and extended totals, unit prices shall prevail.

The bidder shall sign its Proposal in the blank space provided therefor. If bidder is the sole owner, the Proposal shall be signed by the owner. If the bidder is a corporation, it must be signed by two officers of the corporation consisting of (1) the chair of the board, president or vice-president; and (2) the secretary, assistant secretary, chief finance officer or assistant treasurer, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. If the corporate seal is not affixed to the contract, or if it is executed by a person other than an officer, or by only one officer, there must be attached to the contract a certified copy of a resolution of the corporation authorizing such officer or person to execute written contracts for and on behalf of the corporation. If bidder is a partnership, the true name of the firm shall be set forth above, the names and addresses of all partners shall be given and the Proposal shall be signed by a partner in the firm authorized to sign contracts on behalf of the partnership. If the bidder is a joint venture, the Proposal shall be signed by each participating company by officers or other individuals who have the full and proper authorization to do so. If the Proposal is signed by an agent of the bidder other than an officer of a corporation or a member of a partnership, a notarized power-of-attorney must be on file with the Owner prior to opening of Proposals or must be submitted with the Proposal. If requested by the City, the bidder shall promptly submit evidence satisfactory to the City of the authority of the person signing the Proposal.

G2.07 SUBMISSION OF PROPOSALS. All Proposals must be submitted not later than the time prescribed, at the place, and in the manner set forth in the Notice to Bidders. Proposals must be made on the Proposal forms provided herewith. Proposals and other required forms may be copied and submitted as a separate package or may be left attached to this book. Any Proposal received after the prescribed time shall be rejected, regardless of whether or not Proposals are opened exactly at the prescribed time.

Each Proposal must be submitted in a sealed envelope. The envelope must be clearly marked to show the bidder's name and the Contract name, without being opened, and be addressed in conformance with the instructions in the Notice to Bidders.

G2.08 LIST OF SUBCONTRACTORS. The bidder shall submit with its Proposal, on the List of Subcontractors provided, the names and business addresses of each subcontractor who will perform work under this Contract in excess of 1/2 of 1 percent of the amount of the total Proposal, and A.10.e
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shall list the portion of the work which will be done by each such subcontractor. If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform that portion of the work himself, and represents that he is qualified to perform that portion of the work himself.

G2.08A SURETY COMPANY FURNISHING PERFORMANCE AND
PAYMENT BONDS. The surety(ies) shall be California admitted insurer(s) with a high bond rating.

G2.09 PROPOSAL GUARANTY. All Proposals shall be accompanied by a cashier's check or certified check, payable to the City Clerk of the City, or a Bid Bond so payable executed by a corporation authorized to transact business as a surety in the State of California in an amount not less than 10 percent of the total amount of the Proposal submitted.

This bid security shall be given as a guaranty that the bidder will not withdraw its Proposal for ninety (90) days after bid opening, and that if awarded the Contract, the successful bidder will execute the attached Contract and furnish a properly executed Performance Bond and Payment Bond each in the full amount of the Contract price within the time specified.

If the bidder elects to furnish a Bid Bond, he shall use the Bid Bond form bound herewith; additional forms may be obtained from the City. The Attorney-in-Fact who executes this bond on behalf of the surety must attach a notarized copy of its power-of-attorney as evidence of its authority to bind the surety on the date of execution of the bond. Any conditions or limitation placed upon said check or any alteration of the form of said bond, or imperfection in the execution thereof, will render it informal and may, at the option of the City, result in the rejection of the Proposal.

If the Bidder elects to furnish a cashier's check, he shall also submit therewith the Bid Security Form included herewith.

G2.10 NON-COLLUSION DECLARATION. All Proposals shall be accompanied by an executed non-collusion declaration in the form required by Public Contract Code Section 7106.

G2.11 WITHDRAWAL OF PROPOSALS. A bidder may withdraw its Proposal at any time prior to the time fixed in the Notice to Bidders for the opening of bids only by filing a written notice with the City. The notice shall be executed by the bidder in conformance with Section G2.06. A telegraphic or telefax notice of withdrawal is not effective. Withdrawal of a Proposal does not prejudice the right of a bidder to submit a new Proposal. No Proposal may be withdrawn after the time scheduled for opening of Proposals, unless and until the time specified in Section G3.02, Time of Award, has elapsed.

G2.12 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read aloud publicly at the date, time and place designated in the Notice to Bidders. The City official opening the bids will determine the official time and such determination will be final.

G2.13 REJECTION OF PROPOSALS. Proposals may be rejected if they show such items as: any alteration of form; additions not called for; conditional bids; incomplete bids; erasures; irregularities which make the Proposals incomplete, indefinite or ambiguous; obviously unbalanced A.10.e
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prices; no acceptable Bid Security; or if the Proposal is not properly executed.

G2.14 DISQUALIFICATION OF BIDDERS. More than one Proposal from an individual, firm, partnership, corporation or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Proposal for the work contemplated may cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the bidders, any or all Proposals may be rejected. A party who has quoted prices on materials or work to a bidder is not thereby disqualified from quoting prices to other bidders, or from submitting a bid directly for the materials or work. A Proposal may be rejected on the basis of a bidder, any officer of such bidder, or any employee of such bidder who has a proprietary interest in such bidder, having been disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state or local project because of a violation of law or a safety regulation.

G2.15 LICENSING OF BIDDERS. Bidders and their proposed subcontractors shall hold such licenses as may be specified in the Notice to Bidders and as may be required by Division 3, Chapter 9 of the California Business and Professions Code concerning the licensing of contractors. As a matter of bidder responsibility, each bidder shall be properly licensed in accordance with the laws of the State of California at the time of bid opening. Failure to be so licensed may be reason to reject a bid totally in the sole discretion of the City. If the bid is submitted by a joint venture, then each member of the joint venture must be licensed at the time of bid opening, but a joint venture license is not required until contract award.

G2.16 RESPONSIBILITY OF BIDDERS. Bidders shall, if requested by the City, submit a statement of qualifications which shall include experience in the type of work to be performed, financial condition, available construction equipment, and listing of all agencies for which work has been performed during the past two years. The City may reject the Proposal of any bidder on the basis of insufficient work experience and/or skills in the kind of work contemplated in the contract, insufficient financial capability, inadequate equipment, poor performance on work previously completed for the City or other agencies, or previous violation of safety or other legal requirements resulting in disqualification or otherwise being prevented from bidding on federal, state or local agency projects.

To be responsible a bidder must have clearly demonstrated trustworthiness as well as quality of fitness, capacity and experience to satisfactorily perform the contract.

G2.16A INELIGIBILITY OF CONTRACTORS. Pursuant to Public Contract Code Section 6109, by submitting its bid, a bidder certifies that it has not been deemed ineligible to bid, work on or be awarded a public works project pursuant to California Labor Code Sections 1777.1 or 1777.7 and that it will not use any subcontractors to perform work on the public works project that have been deemed ineligible to perform work on a public works project pursuant to California Labor Code Sections 1777.1 and 1777.7. Any contract on a public works project between a contractor and a debarred subcontractor is void as a matter of law. Any public money paid to a debarred subcontractor by the Contractor shall be returned to the City. The Contractor shall be responsible for the payment of wages to any workers of the debarred subcontractor who worked on the project.

G2.17 RELIEF OF BIDDERS. Pursuant to California Public Contract Code Section 5103, unless the City in its sole discretion elects otherwise, a bidder shall not be relieved of its bid nor shall any change be made in its bid because of mistake, but he may bring an action against the City in a court of competent jurisdiction in the county in which the bids were opened for the recovery of the amount forfeited, without interest or costs. In the event the bidder who brings an action against the A.10.e
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City fails to recover a judgment, the bidder shall pay all costs incurred by the City in the suit, including reasonable attorneys' fees to be fixed by the court.

If the bidder brings such action it shall be its responsibility to establish that:

a. A mistake was made;

b. He gave the City written notice within five (5) days after the opening of the Proposals of the mistake, specifying in the notice in detail how the mistake occurred;

c. The mistake made the Proposal materially different than he intended it to be; and

d. The mistake was made in filling out the Proposal and was not due to error in judgment nor to carelessness in inspecting the site of the work, nor in reading the Contract Documents.

G2.18 BID PROTEST PROCEDURE. The City maintains written protest procedures that must be followed for all bid protests. All protests must clearly specify in writing the grounds and evidence on which the protest is based. Protests based upon restrictive specifications or alleged improprieties in the bidding procedure which are apparent or reasonably should have been discovered prior to the bid opening shall be filed in writing with the City Clerk, at least five (5) calendar days prior to bid opening.

Protests based upon alleged improprieties that are not apparent or which could not reasonably have been discovered prior to bid opening shall be submitted in writing to the City clerk, within forty-eight (48) hours from receipt of notice from the City advising of the recommendation for award of contract.

G2.19 CONTRACTOR AND SUBCONTRACTOR DIR REGISTRATION. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 at the time of bid. For federally funded projects, the contractor and subcontractors must be registered at the time of contract award. (See Labor Code section 1771.1(a).)

This Contract is subject to monitoring and enforcement by the DIR pursuant to Labor Code Section 1771.4. The Contractor must post Site notices, as prescribed by regulation. (8 CCR 16451(d).)

G2.20 IRAN CONTRACTING ACT. By submission of the a bid, the undersigned Bidder certifies that it is not, at the time of bidding, on the California Department of General Services (DGS) list of persons determined to be engaged in investment activities in Iran or otherwise in violation of the Iran Contracting Act of 2010 (Public Contract Code Section 2200-2208).

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SECTION 3 AWARD AND EXECUTION OF CONTRACT

G3.01 AWARD OF CONTRACT. The City reserves, in its sole discretion, the right to reject any and all Proposals and to waive any informalities and irregularities in Proposals received, other provisions in the Contract Documents notwithstanding.

The Proposals will be compared on the basis of the Total Bid Price, which is the sum of the lump sum bid items and, for unit price items, the sum of the products of the Engineer's Estimate of quantities shown in the Proposal multiplied by the unit bid price. In the event of a discrepancy between the unit bid price and the extension price, the unit price shall govern. Any mathematical errors that appear on the face of the bid shall be corrected by the City and the City will use the mathematically correct total bid price in determining the lowest monetary bidder.

The award of the Contract, if it be awarded, will be made to the lowest responsible, responsive bidder.

In addition, the City reserves, in its sole discretion, the right to award the Contract for all or some of the bid items included in the Bid Schedule. The City may eliminate some of the bid items prior to or after award of the Contract due to budgetary constraints.

G3.02 TIME OF AWARD. Within sixty (60) days after the opening of Proposals, the City will either reject all Proposals or award the Contract to the lowest responsible, responsive bidder. If the lowest responsible, responsive bidder refuses or fails to execute the Contract and provide an acceptable Performance Bond, Payment Bond and insurance certificate(s), the City may award the Contract to the second lowest responsible, responsive bidder. Such award, if made, will be made within seventy-five (75) days after the opening of Proposals. If the second lowest responsible, responsive bidder refuses or fails to execute the Contract and provide an acceptable Performance Bond, Payment Bond and insurance certificate(s), the City may award the Contract to the third lowest responsible, responsive bidder. Such award, if made, will be made within ninety (90) days after the opening of Proposals. The periods of time specified above within which an award of Contract may be made shall be subject to extension for such further period as may be agreed upon in writing by the City and the bidder or bidders concerned.

G3.03 EXECUTION OF CONTRACT. The successful bidder shall, within fifteen (15) days after having received notice that the Contract has been awarded, sign and deliver to the Owner a Contract in the form hereto attached together with the Contract Bonds and insurance certificates executed as required in the Contract Documents. Within ten (10) days (not including Saturdays, Sundays and legal holidays) after receiving the signed Contract with acceptable bonds and insurance certificates from the successful bidder, the City will sign the Contract. If the bidder is a corporation, it must be signed by two officers of the corporation consisting of (1) the chair of the board, president or vice-president; and (2) the secretary, assistant secretary, chief finance officer or assistant treasurer, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. If the corporate seal is not affixed to the contract, or if it is executed by a person other than an officer, or by only one officer, there must be attached to the contract a certified copy of a resolution of the corporation authorizing such officer or person to execute written contracts for and on behalf of the corporation. If the Contractor is an individual, the contract shall be executed personally by the Contractor. If the Contractor is a co-partnership, it is desirable that the contract be executed by all of the partners, but it may be executed by one of them. If the Contractor is a joint venture, the contract must be executed on behalf of each participating firm by officers or other individuals who have the full and proper authorization to bind the joint venture. If the Contractor is an A.10.e
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LLC, the contract must be executed by an officer or member who has full and proper authorization to bind the LLC.

G3.04 CONTRACT BONDS. The bidder to whom the Contract is awarded shall furnish the following bonds ("Contract Bonds"):

a. Performance Bond, in an amount not less than 100 percent of the Contract price, to secure faithful performance of the and in the amount of not less than 10 percent (10%) of the Contract price to guarantee the correction of work during the warranty period of one year from the date final acceptance of the work by the City.

b. Payment Bond, in an amount not less than 100 percent of the Contract price, to secure payment of all persons supplying labor or materials for the construction of the work.

Contract bonds shall be on the forms bound herewith and shall be executed by an admitted surety insurer authorized to transact business in the State of California, with a financial condition and record of service satisfactory to City.

All alterations, extensions of time, extra and additional work and other changes authorized by the Contract Documents may be made without securing the consent of the surety or sureties on the Contract Bonds.

G3.05 FAILURE TO EXECUTE CONTRACT. Failure of a bidder to whom the Contract is awarded to promptly and properly execute the Contract or furnish acceptable Contract bonds, or certificates of insurance, shall be just cause for the annulment of the award and the forfeiture of such bidder's Proposal Guaranty. The Proposal Guaranty shall be retained by the City as liquidated damages and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the successful bidder fails to enter into a Contract.

G3.06 RETURN OF PROPOSAL GUARANTY. Within fifteen (15) days after the award of the Contract, the City will return the Bidder's Bond or the certified or cashier's check to all the Bidders except for the three lowest Bidders. When the Contract is executed, the bonds of the two remaining unsuccessful Bidders will be returned. Retained Proposal guaranties will be held until seventy-five (75) days after opening of Proposals or until a Contract has been finally executed, whichever occurs first, after which all Proposal guaranties, other than Bidder's Bonds and any guaranties that have been forfeited, will be returned.

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SECTION 4 SCOPE OF WORK

G4.01 INTENT OF CONTRACT DOCUMENTS. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. The intent of the Contract Documents is to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. When the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the best general practice shall be followed and only materials and workmanship of the best standard quality shall be used. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied, whether or not 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 that meaning.

Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect on the first published date of the Notice to Bidders, 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 be effective to change the duties and responsibilities of City or Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to City, or any of City's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the work or any duty or authority to undertake responsibility contrary to the other provisions of the Contract Documents.

The Contract Documents are divided into parts, divisions and sections for convenient organization and reference. Generally, there has been no attempt to divide the specification sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the project.

The City makes no warranty whatsoever, express or implied, with respect to the Contract Documents other than that the Contract Plans and Specifications were prepared by a professional engineer and/or professional architect registered to practice in the State of California and so endorsed.

G4.02 EXAMINATION AND VERIFICATION OF CONTRACT DOCUMENTS. The Contractor shall thoroughly examine and become familiar with all of the various parts of these Contract Documents and determine the nature and location of the work, the general and local conditions, and all other matters, which can in any way affect the work under this Contract. Failure to make an examination necessary for this determination shall not release the Contractor from the obligations of this Contract.

No oral agreement or conversation with any officer, agent or employee of the Owner, or with the Engineer either before or after the execution of this Contract, shall affect or modify any of the terms or obligations contained in the Contract Documents.

G4.03 DIFFERING SITE CONDITIONS. Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and before such conditions are disturbed, notify the Engineer in writing of:
(1) material that the Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II A.10.e
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or class III disposal site in accordance with provisions of existing law, (2) subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or (3) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.

The Engineer shall promptly investigate the conditions. If the Engineer finds that such conditions do materially differ or do involve hazardous waste and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this Contract, whether or not changed as a result of such conditions, then an equitable adjustment shall be made and the Contract modified in accordance with the change order procedures set forth herein. In the event of any dispute between the City and the Contractor over the significance or existence of the changed conditions, the Contractor shall not be excused from the scheduled completion date set forth below, but shall retain such rights it may have as provided in these Contract Documents.

No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required by this Section, except that the City may extend the prescribed time. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Contract.

G4.04 CHANGES; CONTRACT CHANGE ORDER(S). The City may, without notice to the sureties, and without invalidating the Contract, at any time make alterations, deviations, additions to or deletions from the Contract Documents, and may increase or decrease the quantity of any item or portion of the work, or delete any item or portion of the work, and may require extra work, as deter- mined by the City to be necessary or advisable. All such work shall be performed under applicable provisions of the Contract Documents, unless specifically provided otherwise at the time the change is ordered.

Any such changes will be set forth in a written Contract Change Order issued by the City. The Contract Change Order will specify: (1) the work to be done in connection with the change to be made; (2) the amount of the adjustment of the Contract price, if any, and the basis for compensation for the work ordered; and (3) the extent of the adjustment in the Contract time, if any. A Contract Change Order shall not become effective until it has been signed by the Engineer or the City Manager; when signed by the Engineer or the City Manager it is an "approved Contract Change Order."

No changes or deviations from the Contract Documents shall be made without the authority of an approved Contract Change Order, except that in cases of emergency the Engineer may direct a change in writing. Upon receipt of such written directive, the Contractor shall proceed with the ordered work and the Engineer will prepare a written Contract Change Order for approval and issuance to the Contractor as soon thereafter as practicable.

Upon receipt of an approved Contract Change Order, the Contractor shall promptly proceed with the ordered work, unless otherwise provided in the approved Contract Change Order.

When ordered by the Engineer, the Contractor shall halt work in the area affected by a proposed change. Whenever it appears to the Contractor that a change is necessary, the Contractor shall immediately, but no later than five (5) days after becoming aware of the need for a change, notify the Engineer of the change he believes necessary and the reasons for such change; however, work in the area affected shall not be discontinued unless ordered by the Engineer.

G4.05 REQUEST FOR QUOTATIONS FOR CHANGE IN WORK. City may request Contractor to provide quotations for performing proposed changes to the work. Such requests for A.10.e
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quotations shall not be considered authorization to proceed with the change prior to issuance of an approved Contract Change Order, nor shall such request justify any delay in executing existing work.

Contractor shall, upon such a request, provide quotations for increases or decreases in the Contract Price and the Contract time associated with performing the proposed change within the timeframe specified by the Engineer. Quotations shall be in the form specified by the Engineer and shall include substantiating documentation with an itemized breakdown of Contractor and Subcontractor costs, including labor, materials, rentals, services, overhead and profit. The cost of preparing such quotations is included in the Contract price and Contractor shall not be entitled to any additional compensation for preparing them. Failure of the Contractor to submit a quotation in the timeframe or form specified by the Engineer shall limit the effect of any protest to an Approved Change Order as set forth in Section G4.09.

G4.06 PROPOSED CONTRACT CHANGE ORDER. A Contract Change Order may be presented to the Contractor for its consideration prior to its having been approved. If the Contractor accepts the terms and conditions of such proposed Contract Change Order, and if the Contract Change Order is then approved and issued to the Contractor, the Contract Change Order shall be considered to be an executed Contract Change Order for all purposes to the same extent as if the Contract Change Order had been initially issued to the Contractor as an approved Contract Change Order. The City need not present a proposed Contract Change Order to the Contractor for its review prior to issuing it as an approved Contract Change Order.

G4.07 EXECUTED CONTRACT CHANGE ORDER. An approved Contract Change Order which has been signed by the Contractor is an "executed Contract Change Order." Compensation paid pursuant to Contract Change Orders shall comprise the total compensation for the work described in the Contract Change Order. By signing the Contract Change Order, the Contractor agrees that the specified compensation constitutes full compensation for the work or change, including but not limited to payment for interruption of schedules, extended overhead, home office overhead, delay or any other "impact" claim or "ripple effect" claim. By signing the Contract Change Order, the Contractor also specifically waives any reservation or claim for additional compensation or Contract time in respect to the Contract Change Order.

G4.08 CONTRACT PRICE ADJUSTMENT. If a Contract Change Order provides for an adjustment to the Contract price, the increased payment to Contractor, or the deduction to the credit of the City, shall be determined by one of the following methods, or a combination of these methods, as determined by the City and at its sole option:

A. Unit Prices. The unit prices set forth in the Proposal may be used where they are applicable. If the Contract Change Order increases or decreases the quantity of an item of work by more than twenty-five percent (25%), such that the application of unit prices in the Proposal will cause substantial inequity to the City or Contractor, unit prices will be adjusted by mutual agreement or, in the absence of agreement, as determined by the Engineer and subject to protest by the Contractor pursuant to Section G4.09. Unit prices for new items included in the Contract Change Order shall be as mutually agreed upon or, in the absence of agreement, as determined by the Engineer and subject to protest by the Contractor pursuant to Section G4.09.

Payment for any contract item of work which has a final total value of less than five percent of the total contract bid price will be made at the contract unit price regardless of increased or decreased quantities, if such unit price is to be used.

B. Lump Sum. A total lump sum addition or deduction from the Contract Price.

Lump sum quotations for changes to the work shall include substantiating documentation with an A.10.e
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itemized breakdown of Contractor and Subcontractor costs, including labor, materials, equipment rental, approved services, overhead and profit, all as negotiated. The costs of a negotiated change order for work performed by Contractor's own forces shall be limited to a maximum markup of fifteen percent (15%) to include up to ten percent (10%) for overhead and up to five percent (5%) for profit. These percentages shall apply to subcontractor work also. Markups for items such as fringe benefits, liability insurance, social security and unemployment insurance, where proper and appropriate, shall be determined on the basis of actual costs as documented and supported by the contractor and subject to the approval of the Engineer. Where the whole or a part of the work under a negotiated change order is performed by a first tier subcontractor, the City shall limit the Contractor's markup on the direct costs of the subcontractor to a total of not more than eight percent (8%) to include up to five percent (5%) for overhead and three percent (3%) for profit. No markup will be considered or allowed for costs of a negotiated change order involving subcontractors below the first tier. The overhead markup percentages referenced above shall cover all overhead costs of the Contractor, including administrative, field office, home office, extended overhead and similar costs and expenses.

C. Force Account Payment. Payment for the work may be made on a time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment and other items of cost as required to do the work.

If compensation for work done under a Contract Change Order is to be made on a force account basis, the compensation will be calculated as set forth in Section G9.03, "Force Account Payment." Contractor agrees that the markups provided in Section G9.03 are adequate.

In any case in which the method of payment cannot be agreed upon prior to the beginning of the work, the City may direct that the work be done on a unit price, lump sum or force account basis depending on the nature of the work and at the sole discretion of the City.

G4.09 PROTEST PROCEDURE. If the Contractor disagrees with any terms or conditions set forth in an approved Contract Change Order, which he has not executed, he shall submit a written protest to the Engineer within fifteen (15) calendar days after receipt of such approved Contract Change Order. The protest shall state the points of disagreement, Contract Document references, quantities and costs involved, contract time impacts and shall propose a modification of the items with which he does not agree. Such protest shall not be considered complete or acceptable unless and until the quotation requested pursuant to Section G4.05 has been received by the Engineer in satisfactory form.

If a written protest is not submitted within this 15-day period, payment will be made as set forth in the approved Contract Change Order without right of further protest. Approved Contract Change Orders which are not protested within 15 days or protests not supported by the requested quotation in satisfactory form within fifteen (15) days of request will be considered as executed Contract Change Orders and such payment will constitute full compensation for all work included therein or required thereby and so will any changes in contract time or completion date.

When the protest of an approved Contract Change Order relates to compensation, the Contractor shall keep full and complete records of such work and shall permit the City and the Engineer to have access to all records relating to the protested Contract Change Order to determine the compensation payable.

The Contractor shall cooperate with the Engineer to reach agreement at the earliest practical date on the terms of compensation for the Contract Change Order. When agreement has been reached, a revised Contract Change Order may be approved by the City and issued to the Contractor for signature.

Unless and until the City and Contractor agree upon other terms of compensation incorporated in a revised executed Contract Change Order, the compensation shall be as specified under the protested approved Contract Change Order.

When the protest of an approved Contract Change Order relates to the adjustment of Contract Time A.10.e
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for the completion of the work, the time will be determined in accordance with the provisions of Section G8.11.

G4.10 CONTINUANCE OF CONSTRUCTION. Disagreement by the Contractor with the City's determination of the need for, or amount of, an adjustment in Contract price or Contract time associated with an approved Contract Change Order (or disagreement by the Contractor with the City's determination that a change has not occurred and no Contract Change Order is needed) shall not, under any circumstances, relieve the Contractor from its obligation to promptly begin and diligently perform the work, including the change, as described in the approved Contract Change Order.

G4.11 FIELD CHANGES. Conditions may arise during the prosecution of the work on construction necessitating minor variations in the contract plans and/or specification. In order to address these conditions, the City may without notice to the sureties and without invalidating the contract, make minor alterations, deviations or changes to the Contract, including the plans or specifications, without affecting any of the material or basic terms of the contract, including the contract price, schedule for performance, the basic design, or other terms. Such minor alterations, deviations or changes shall be documented in a Field Change on a form provided by the City and executed by the Engineer and the Contractor. By execution of the Field Change, Contractor agrees to make the specified change at no additional cost and without an alteration in the schedule of performance or other terms and conditions of the Contract.

G4.12 DETOURS. When required by the Special Provisions, Technical Specifications, or shown on the Contract Plans, or required by responsible public agencies, the Contractor shall construct, maintain and remove detours for the use of public pedestrian and vehicular traffic, without additional cost to the City, unless separate payment is specified in the Special Provisions or Technical Specifications.

The failure or refusal of the Contractor to construct and maintain detours at the proper time shall be sufficient cause for closing down the work until such detours are in satisfactory condition for use by public pedestrian and vehicular traffic.

G4.13 ARCHAEOLOGICAL DISCOVERIES. All articles of archaeological interest which may be uncovered by the Contractor during the progress of the work shall be reported immediately to the Engineer. The further operations of the Contractor with respect to the find will be decided under the direction of the Engineer. Contractor shall acquire no interest in any such discoveries unless granted by the City in its sole discretion.

G4.14 PRESERVATION AND CLEANING. The Contractor shall clean up the work at frequent intervals and at other times when directed by the Engineer to maintain the job site in a clean and sanitary condition. While finish work is being accomplished, floors shall be kept clean, free of dust, construction debris and trash.

Before final inspection of the work, the Contractor shall clean the project site, material sites, surrounding roadways and all ground occupied by him in connection with the work, of all rubbish, excess materials, falsework, temporary structures and equipment. All parts of the work shall be left in a neat and presentable condition. Final cleaning shall include washing, dusting and sweeping, as applicable, of exposed architectural finish surfaces. Full compensation for final cleaning up will be considered as included in the prices paid for the various Contract items of work and the Contractor will not receive a separate payment for final cleaning.

G4.15 GUARANTY OF WORK. Notwithstanding inspections and acceptance by the City of A.10.e
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work furnished under this Contract, the Contractor warrants to the City that all materials and equipment furnished under the Contract, including that provided pursuant to Change Orders, will be of good quality and new, that the work will be free from defects in material or workmanship, and that the work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective.

This warranty by the Contractor is in addition to any warranties or guarantees required by the Special Provisions or Technical Specifications for specified items of equipment or materials. This warranty shall be in effect notwithstanding any disclaimers, or limiting or conditional terms contained in such separate warranties furnished by manufacturers or suppliers.

G4.16 CORRECTION OF WORK DURING WARRANTY PERIOD. If, within one year after the date of final acceptance of the work by the City, any of the work is found not to be in accordance with the Contract Documents, specifically including Section G4.15 ("Guaranty of Work"), the Contractor shall correct it promptly after written notice from the City to do so, and pay for any damage to other property resulting from such non-conforming work. If the Contractor fails to make the repairs or replacements promptly, or in an emergency when delay could cause risk of damage or loss, the City may have the non-conforming work removed, replaced or corrected at the expense of the Contractor and its surety. If the amount of the performance bond is insufficient to cover the cost of such work, the Contractor shall be liable to pay any such deficiency on demand by the City. Non- conforming work, which is remedied under this Section, shall be subject to an extended warranty obligation, identical in terms to that provided by Section G4.15 and this Section for a period of two years after the non- conforming work has been remedied.

The City's records setting forth the fair and reasonable cost of repairing, replacing or restoring the damage or defects when performed by any party other than the Contractor shall be binding and conclusive as to the amount thereof upon the Contractor.

Nothing contained in this Section G4.16 shall be construed to establish a period of limitation with respect to other obligations which the Contractor may have under the Contract Documents. Establishment of the period of two years as described in this Section relates only to the specific obligation of the Contractor to correct the work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the work.

G4.17 VALUE ENGINEERING. The Contractor may submit to the Engineer, in writing, value engineering proposals for modifying the plans, specifications or other requirements of the Contract for the sole purpose of reducing the total cost of construction. The value engineering proposal shall not impair, in any manner, the essential functions or characteristics of the project, including, but not limited to service life, economy of operation, ease of maintenance, desired appearance, or design and safety standards.

Value engineering proposals shall contain the following information:

(1) Description of the existing contract requirements, which are involved in the value engineering proposal.

(2) Description and justification of the proposal.

(3) An itemization of the contract requirements that must be changed if the A.10.e
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proposal is adopted.

(4) A detailed estimate of the cost of performing the work under the existing contract and under the proposed change.

(5) A detailed estimate of additional costs to the Project attributable to the proposal on the construction, operation, and maintenance of the project.

(6) A statement of the time within which the Engineer must make a decision thereon.

(7) The contract items of work affected by the proposed changes, including any quantity variation attributable thereto.

The provisions of this Section shall not be construed to require the Engineer to consider any value engineering proposal which may be submitted.

The City will not be liable to the Contractor for failure to accept or act upon any value engineering proposal submitted pursuant to this Section nor for any delays to the work attributable to any such proposal. If a value engineering proposal is similar to a change in the plans or specifications, under consideration by the City for the Project, at the time said proposal is submitted or if such proposal is based upon or similar to Standard Specifications, standard special provisions or Standard Plans adopted by the City after the advertisement for the Contract, the Engineer will not accept such proposal and the City reserves the right to make such changes without compensation to the Contractor under the provisions of this Section. The Contractor shall continue to perform the work in accordance with the requirements of the Contract until an executed change order, incorporating the value engineering proposal has been issued. If any executed change order has not been issued by the date upon which the Contractor's value engineering proposal specifies that a decision thereon should be made, or such other date as the Contractor may subsequently have specified in writing, such value engineering proposal shall be deemed rejected.

The Engineer shall be the sole judge of the acceptability of a value engineering proposal and of the estimated net savings in construction costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the right is reserved to disregard the Contract bid prices if in the judgment of the Engineer, such prices do not represent a fair measure of the value of work to be performed or to be deleted.

The City reserves the right where it deems such action appropriate, to require the Contractor to share in the City's costs of investigating a value engineering proposal submitted by the Contractor as a condition of considering such proposal. Where such a condition is imposed the Contractor shall indicate its acceptance in writing, and such acceptance shall constitute full authority for the City to deduct amount payable to the City from any monies due or that may become due to the Contractor under the Contract.

If the Contractor's value engineering proposal is accepted in whole or in part, such acceptance will be by a contract change order, which shall specifically state that it is executed pursuant to this Section.

Such change order shall incorporate the changes in the plans and specifications which are necessary to permit the value engineering proposal or such parts of it as has been accepted to be put into effect, and shall include any conditions upon which the City's approval thereof is based if the approval of the City is conditional. The change order shall also set forth the estimated net savings in construction costs attributable to the value engineering proposal effectuated by the change order and shall further provide that the Contractor be paid 50% of said estimated net savings amount. The Contractor's cost A.10.e
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of preparing the value engineering proposal and the City's costs of investigating a value engineering proposal, including any portion thereof paid by the Contractor, shall be excluded from consideration in determining the estimated net savings in construction costs. The cost to the City for any required redesign associated with a value engineering proposal will be taken into account and added in determining the value of such proposal.

Acceptance of the value engineering proposal and performance of the work thereunder shall not extend the time of completion of the contract unless specifically provided for in the contract change order authorizing the use of the proposal.

The amount specified to be paid to the Contractor in the change order, which effectuates a value engineering proposal shall constitute full compensation to the Contractor for the proposal and the performance of the work thereof pursuant to the said change order.

The City expressly reserves the right to adopt a value engineering proposal for general use on contracts administered by the City when it determines that said proposal is suitable for application to other contracts. When an accepted value engineering proposal is adopted for general use, only the contractor who first submitted such proposal will be eligible for compensation pursuant to this Section, and in that case, only as to those contracts awarded to him prior to submission of the accepted value engineering proposal and as to which such value engineering proposal is also submitted and accepted. Value engineering proposals identical or similar to previously submitted proposals will be eligible for consideration and compensation under the provisions of this Section if the identical or similar previously submitted proposals were adopted for general application to other contracts administered by the City.

Subject to the provisions contained herein, the City or any other public agency shall have the right to use all or any part of any submitted value engineering proposal without obligation or compensation of any kind to the Contractor.

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SECTION 5 CONTROL OF WORK

G5.01 AUTHORITY OF ENGINEER. The Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the Contract Documents; all questions as to the acceptable fulfillment of the Contract on the part of the Contractor; and all questions as to compensation and contract time. The Engineer will have authority to reject work which does not conform to the Contract Documents. His/her decision shall be final and he/she shall have authority to enforce and make effective such decisions and orders which the Contractor fails to carry out promptly.

G5.02 CONTRACT DRAWINGS. The Contract Drawings furnished consist of general drawings and show such details as are necessary to give a comprehensive idea of the construction contemplated. All authorized alterations affecting the requirements and information given on the Contract Drawings shall be in writing.

Upon written request, the City will furnish to the Contractor for its use, at no expense to the Contractor, five (5) copies of all Contract Documents, including the Contract Drawings unless otherwise specified in the Special Provisions. Additional copies may be obtained at cost.

G5.03 SHOP DRAWINGS. The Contract Drawings shall be supplemented by shop drawings furnished by the Contractor. Shop drawings shall have been approved by the Engineer before any work involving such drawings is performed. No change shall be made by the Contractor in any shop drawing after it has been approved by the Engineer.

Shop drawing submittals shall contain adequate information to permit the Engineer to evaluate each submission for conformance with the Contract Documents. Each submittal shall be complete; partial submittals will not be reviewed. All drawings shall include a graphical scale and indicate the amount of reduction used, if any. The quality of lettering and draftsmanship shall be such as to insure easily read reproductions by microfilming process.

Each shop drawing submitted by the Contractor (including any provided by suppliers and/or subcontractors) shall bear the approval stamp of the Contractor, and shall be clearly and conspicuously marked to indicate any deviation in the shop drawing from the requirements of the Contract Documents.

By approving and submitting shop drawings, the Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, and that he has checked and coordinated each shop drawing with the requirements of the work and the Contract Documents. Where applicable, shop drawings will be certified for construction by the manufacturer. City review of any shop drawing shall not constitute a change to the Contract. Contract changes can be effected through Change Orders only.

Each submittal shall be accompanied by a transmittal letter in the form specified by the Engineer from the Contractor stating the name of the material or equipment items as shown on the Contract Documents, a specification reference consisting of a section number, and any proposed deviations from the Contract Documents requested or shown on the submittal.

Review of shop drawings is only for general conformance with the design concept of the project and general compliance with the information given in the Contract Documents. Review and approval of the Contractor's shop drawings shall not relieve Contractor of any of its responsibility for the A.10.e
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successful completion of the work in conformity with the requirements of the Contract Documents. The Contractor is responsible for conformance with all requirements of the Contract Documents, including, but not limited to, dimensions which shall be conformed and correlated at the job site, fabrication processes and techniques of construction, coordination of work with that of all others, and satisfactory performance of all work. Approval of shop drawings shall not waive any requirement of the Contract Documents and defective work may be rejected notwithstanding such approval.

It is the Contractor's responsibility to submit shop drawings and other submittals so as to allow sufficient time for review, for securing necessary approvals, and for possible revisions and resubmittal. Minimum review time by the Engineer shall be thirty (30) calendar days; complex submittals may require up to forty-five (45) days. Review time periods shall not begin until a complete submittal with Contractor's approval stamp is received with properly completed transmittal documentation. Incomplete, unstamped or otherwise improper submittals may be rejected without further comment for correction and proper submittal. The Contractor shall schedule its shop drawing submittals so that this anticipated shop drawing review time does not delay its work.

City will make its best efforts to review submittals within the time period scheduled by the Contractor, provided it is consistent with the minimum time period specified in the preceding paragraph, but the City's inability to do so shall not automatically entitle the Contractor to additional time to complete the Contract. If the Engineer fails to complete its review of shop drawing submittals within a reasonable time (not to be less than the time period specified in this section), and if the Contractor's controlling operation is delayed by reason of the delay in review, an extension of time commensurate with the delay in completion of the work thus caused will be granted pursuant to Section G8.11, but no additional compensation will be allowed for such delay.

Shop drawings reviewed by the Engineer will be returned to the Contractor. The Engineer's action on each submittal will consist of one of the following: "No Exceptions Taken," "Exceptions Taken as Noted," "Revise and Resubmit" or "Rejected" unless otherwise specified in the Special Provisions are/or transmittal forms to be used. When shop drawings are required to be resubmitted, the revisions are to be clearly defined on the revised drawings. Resubmittals will be reviewed in accordance with the provisions applicable to initial submittals and the time period for the Engineer's review shall be equal to that for initial submittals.

Submittal and processing of shop drawings shall conform to the requirements of the Special Provisions and Technical Specifications.

Full compensation for furnishing all shop drawings shall be considered as included in the prices paid for the Contract items of work to which such drawings relate and no additional compensation will be allowed therefor.

When the shop drawings have been completed to the satisfaction of the Engineer, the Contractor shall carry out the construction in strict accordance therewith. Any further changes will require a resubmittal of the drawings.

G5.04 CONFORMITY WITH CONTRACT DOCUMENTS. Work and materials shall conform to the lines, grades, cross sections, dimensions and material requirements, including tolerances, shown on the Contract Drawings or indicated in the Specifications. Although measurement, sampling and testing may be considered evidence as to such conformity, the Engineer shall be the sole judge as to whether the work or materials deviate from the Contract Drawings and Specifications, and its decision as to any allowable deviations therefrom shall be final.

G5.05 COORDINATION AND INTERPRETATION OF CONTRACT DOCUMENTS.

The General Conditions, Special Provisions, Technical Specifications, Contract Drawings, Contract A.10.e
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Change Orders and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complimentary, and to describe and provide for a complete work.

In the event of inconsistencies between requirements contained in different components of the Contract Documents, and unless otherwise specified in the Special Provisions, the order of precedence to govern interpretation is as follows: (1) Change Orders, (2) Addenda, (3) Contract, (4) Special Provisions, (5) General Conditions, (6) the Greenbook, (7) Technical Specifications, (8) Contract Drawings, (9) Notice Inviting Sealed Bids, and (10) Bid Forms (all documents submitted by the bidder). In case of differences between small and large scale drawings, the large scale drawings shall govern. Schedules on drawings shall take precedence over conflicting notations on drawings. In the event of any discrepancy between any drawing and the figures written thereon, the figures, unless otherwise directed, will govern over scaled dimensions.

Should it appear that the work to be done or any of the related matters is not sufficiently detailed or explained in the Contract Documents, the Contractor shall promptly apply to the Engineer for such further written explanations as may be necessary and shall conform to them as part of the Contract. In the event of any doubt or question arising respecting the true meaning of the Contract Documents, clarification in writing shall be promptly sought by Contractor from the Engineer, whose decision thereon shall be final.

G5.06 ORDER OF WORK. When required by the Special Provisions or Contract Drawings, the Contractor shall follow the sequence of operations as set forth. Full compensation for conforming with such requirements will be considered as included in the prices paid for the various Contract items of work and no additional compensation to Contractor will be allowed.

G5.07 SUPERINTENDENCE. The Contractor, at all times, shall supervise and direct the Work using its best skill and attention. The Contractor shall keep at the project site competent supervisory personnel at all times while Work is in progress. The Contractor shall designate, in writing, before starting work, a project superintendent who shall be an employee of Contractor and shall have complete authority to represent and act for the Contractor. The Contractor shall promptly notify the Engineer in writing prior to any change in superintendent assignment.

The Contractor shall be solely responsible for and have control over construction means, methods, techniques and procedures for providing adequate safety precautions and coordinating all portions of the work under the Contract, unless the Contract Documents give other specific instructions concerning these matters.

G5.08 LINES AND GRADES. Only such primary control lines, monuments and bench marks will be set by the Engineer as he determines to be necessary to control establishment of the lines and grades required for the completion of the work. In general, these will consist of the primary horizontal and vertical control points shown on the Contract Drawings. The Contractor shall notify Engineer a minimum of five (5) working days before such stakes or marks are needed.

Monuments, stakes and marks set by the Engineer shall be carefully preserved by the Contractor. If such monuments, stakes or marks are destroyed or damaged, they will be replaced by the Engineer at his/her earliest convenience. The Contractor shall be charged for the cost of replacing or restoring monuments, stakes and marks destroyed or damaged by reason of its operations including failure to protect such points from other normal activity in the project area that can be reasonably anticipated.

This charge will be deducted from any monies due or to become due the Contractor unless the Contractor has agreed in writing, with the approval of the Engineer, to otherwise directly pay the party doing the work and has provided satisfactory evidence that such payment has been properly made.

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The Contractor shall temporarily suspend work at such points and for such reasonable times as the Engineer may require for transferring or setting monuments, stakes or marks, and the Contractor shall not be entitled to any additional compensation or extension of time therefor.

All other stakes or marks required to establish the lines and grades required for the completion of the work shall be the responsibility of the Contractor. Payment for such work shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.

Contractor shall take field measurements and verify field conditions consistent with prudent construction industry standards and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing construction activities on the work site. Errors, inconsistencies or omissions in the Contract Documents discovered by Contractor shall be reported to the Engineer at once.

G5.09 INSPECTION. The Engineer, and all authorized representatives of the City, shall at all times have safe access to the work during its construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of the Contract Documents. All work done and all materials furnished by Contractor shall be subject to the Engineer's on-site and off-site inspection.

The inspection and observation of the work or materials by the Engineer shall not relieve the Contractor of any obligations to fulfill its Contract as prescribed. Work and materials not meeting such requirements shall be corrected, and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer, or that payment therefor has been included in a progress estimate.

Re-examination of questioned work may be ordered by the Engineer at any time before final acceptance. If so ordered, the work shall be uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the City will pay for the cost of uncovering, removal, recovering and replacing of the parts removed; but if such work so exposed or examined is not in accordance with the Contract Documents, the uncovering, removal, recovering and replacement shall be at the Contractor's expense. Work which has been covered prior to observation by the Engineer does not qualify as re-examined work; the City may order it uncovered for observation without payment of costs.

The Contractor shall give due notice to the Engineer before backfilling so that the Engineer may observe the materials and installation.

The Contractor shall notify the Engineer in advance as to those times when no construction activities will take place. Absent such notification, all costs incurred by the City as a result of attending to the project site at times when no construction is taking place will be charged to the Contractor.

Whenever the Contractor intends to perform work on Saturday, Sunday, or a legal holiday, he shall give notice to the Engineer of such intention 24 hours prior to performing such work, or such longer period as may be specified, so that the Engineer may make necessary arrangements.

The observations and inspections performed by the Engineer shall not relieve the Contractor of its responsibility to conduct comprehensive inspections of the work and to furnish materials and perform work in conformance with the Contract Documents.

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G5.10 DOCUMENTS ON JOB SITE. The Contractor shall keep one copy of all Contract Documents (including Change Orders), approved Shop Drawings, material test results and approved progress payments on the job site, in good order, available to the Engineer and all authorized representatives of the City. Other requirements may be specified in the Special Provisions.

G5.11 CORRECTION, REMOVAL OF REJECTED WORK. The Contractor shall promptly correct work rejected by the Engineer as failing to conform to the requirements of the Contract Documents, whether or not fabricated, installed or completed, so that it does comply with the Contract Documents. The Contractor shall bear the costs of correcting such rejected work, including additional testing, inspections and compensation for the Engineer's services and expenses made necessary thereby.

The Contractor shall remove, at its cost, from the site portions of the work which are not in accordance with the Contract Documents or which are not corrected by the Contractor.

The Contractor shall correct, at its cost, damaged or destroyed construction, whether completed or partially completed, of the City or separate contractors caused by the Contractor's correction or removal of work which is not in accordance with the requirements of the Contract Documents.

Any work done beyond the lines shown on the Contract Drawings or established by the Engineer, and all extra work done without written authority, will be considered as volunteer or unauthorized work. Upon order of the Engineer, unauthorized work shall be remedied, removed or replaced at the Contractor's cost.

If the Contractor fails to promptly correct non-conforming or rejected work, or to comply promptly with any order of the Engineer under this Section, the City may cause such work to be remedied, removed or replaced and the costs thereof will be deducted from any monies due or to become due the Contractor.

Failure on the part of the Engineer to reject non-conforming work shall not be construed to imply acceptance of such work.

G5.12 EQUIPMENT AND PLANTS. The Contractor shall use or permit only equipment and plants suitable to produce the quantity and quality of work and materials required, and meeting all State and federal safety requirements.

Plants shall be designed and constructed in accordance with general practice for such equipment and shall be of sufficient capacity to insure the production of materials needed to complete the work in accordance with the Contractor's schedule and the Contract time.

When ordered by the Engineer, the Contractor shall remove unsuitable equipment from the work and discontinue the operations of unsafe or unsatisfactory plants.

All vehicles used on existing structures, highways and streets shall be equipped with pneumatic tires unless otherwise permitted in writing by the Engineer.

G5.13 CHARACTER OF WORKERS. The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons nor persons not properly skilled or unskilled in tasks assigned to them.

G5.14 FINAL INSPECTION. When the work has been completed, the Engineer will make A.10.e
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the final inspection. The Contractor shall notify the Engineer in writing when it considers the work complete and shall request a final inspection.

G5.15 SUBMITTAL OF AS-BUILT DATA. The Contractor shall maintain up-to-date a separate, neat and legible set of construction drawings showing as-built conditions. The intention is that a separate full-size set of the construction drawings will be neatly and accurately marked in red pencil to show any condition, dimension, installation or location that is different from that originally shown.

Change Orders; deviations from the contract documents including drawings; the locations of installations of utilities and services, mechanical and electrical lines; details; and other work shall be incorporated and accurately shown on this set. The locations of installed underground and hidden utilities will be shown and dimensioned to appropriate reference points. No work shall be permanently concealed until the required information has been recorded. The requirement is that these as-built construction drawings and the "as-built" material and equipment drawing submittals provided will reflect the complete as-built condition of the project.

Where the contract drawings are not of sufficient size, scale, or detail, the Contractor shall furnish its own drawings for incorporation of details and dimensions. In such cases, the Contractor shall provide a reproducible set of its drawings, suitably cross-referenced to the contract drawings.

The as-built drawings will be maintained up to date on a "day by day" basis. That is, information will be recorded as it is known. Prior to any progress payments, the Engineer will review the status of the as- built construction drawings. The Engineer may withhold approval of progress payments until such time as the as-built drawings are brought up to date.

Prior to the completion of the contract, the Contractor shall furnish a satisfactory as-built construction drawing record and certify on each drawing that conditions shown are as-built. Submittal of the as- built record is made a condition for acceptance of the project and final payment under the contract.

G5.16 EMERGENCIES. In an emergency affecting the safety of life, the work, or adjoining property, the Contractor, without special instructions or authorization from the Engineer, shall act at his/her discretion to prevent such threatened loss or injury. In such an emergency, the Contractor shall perform such additional work as is required. Any compensation claimed by the Contractor on account of emergency work and determined by the Engineer to be warranted shall be determined in accordance with the provisions of Section 9 unless a more appropriate method is determined by the Engineer in his/her sole discretion.

G5.17 RIGHTS-OF-WAY. The City will provide the rights-of-way over private lands or the site for permanent works or installations, and right-of-way for access thereto, unless otherwise indicated. The Contractor will be permitted to use such land for construction purposes, but any additional right-of-way or land desired by the Contractor for construction purposes shall be provided by the Contractor without expense to the City.

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SECTION 6 CONTROL OF MATERIALS

G6.01 SOURCE OF SUPPLY AND QUALITY OF MATERIALS. The Contractor shall furnish all materials required to complete the work, except materials that are designated in the Specifications to be furnished by the City and materials furnished by the City in accordance with force account work as described in Section G9.03. As used in this Section, the term "materials" shall mean materials and equipment furnished for incorporation in the work.

Notwithstanding any prior inspection, only materials conforming to the requirements of the Contract Documents shall be incorporated in the work.

The materials furnished and used shall be new, except as may specifically be provided elsewhere in the Contract Documents. The materials shall be manufactured, handled, and used in a workmanlike manner to ensure completed work in accordance with the Contract Documents.

The Contractor shall submit to the Engineer a list of its sources of materials and the locations at which such materials will be available for inspection. The list shall be submitted in sufficient time to permit proper inspection and testing of materials to be furnished from such listed sources in advance of their use. The Contractor shall assure that the Engineer or his/her authorized representative has free access at all times to the material to be inspected, sampled or tested. The Engineer may inspect, sample or test materials at the source of supply or other locations. It is understood that such inspections and tests in no way shall be considered as a guaranty of acceptance of such material nor of continued acceptance of material presumed to be similar to that upon which inspections and tests have been made, and that inspection and testing performed by the City shall not relieve the Contractor or its suppliers of responsibility for quality control.

Manufacturers' warranties, guaranties, instruction sheets and parts lists, which are furnished with certain materials incorporated in the work, shall be delivered to the Engineer in organized, indexed, neat and adequately bound volumes that are marked as to content before acceptance of the Contract.

Reports and records of inspections made and tests performed, when available at the site of the work, may be examined by the Contractor and the Engineer.

G6.02 CITY-FURNISHED MATERIALS. Materials furnished by the City will be available at locations designated in the Specifications, or if not designated in the Specifications, they will be available at the City Office. They shall be hauled to the site of the work by the Contractor, at its own expense, including any necessary loading and unloading that may be involved. The cost of handling and placing City-furnished material shall be considered as included in the price paid for the Contract item involving such City-furnished material.

The Contractor shall be held responsible for all materials furnished to him, and he shall pay all demurrage and storage charges. City-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor, at its expense. The Contractor will be liable to the City for the cost of replacing City-furnished material, and such costs may be deducted from any monies due or to become due the Contractor. All City-furnished materials that are not used on the work shall remain the property of the City and will be delivered to the City corporation yard.

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G6.03 STORAGE OF MATERIALS. Materials shall be stored by the Contractor in such a manner as to ensure their security and the preservation of their quality and fitness for the work and to facilitate inspection.

G6.04 DEFECTIVE MATERIALS. All Contractor-furnished materials not conforming to the requirements of the Contract Documents may be rejected, whether in place or not. They shall be removed immediately from the site of the work unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used in the work unless approval in writing has been given by the Engineer. Upon failure of the Contractor to comply promptly with any order of the Engineer made under the provisions of this Section, the Engineer may cause the removal, disposal and replacement of rejected material and deduct the cost thereof from any monies due or to become due the Contractor.

G6.05 TRADE NAMES AND ALTERNATIVES. For convenience in designation in the Contract Documents, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and its catalog information. Except in those instances where the product is designated to match others in use in a particular improvement, either completed or in the course of completion, the use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended may be permitted, subject to the following requirements:

1. The Contractor shall submit its Proposal for an alternative in writing. Such request shall be made in ample time to permit review and approval without delaying the work.

2. No such Proposal will be considered unless accompanied by complete information and descriptive data necessary to determine the equality of the offered materials, articles, or equipment. Samples shall be provided when requested by the Engineer. The Contractor shall satisfy the Engineer as to the comparative quality, suitability or performance of the offered materials, articles or equipment. In the event that the Engineer rejects the use of such alternative materials, articles or equipment, ("material") then one of the particular products designated by brand name will be furnished.

3. The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor and he shall furnish all information necessary as required by the Engineer. The Engineer shall be the sole judge as to the quality and suitability of alternative articles, equipment or materials and its decisions shall be final. Where use of an alternative material, article or equipment involves redesign of, or changes to, other parts of the work, the cost and the time required to effect such redesign or changes will be considered in evaluating the suitability of the alternative material, article or equipment. Cost of redesign by the Engineer will be borne by the Contractor.

4. Whenever classification, rating or other certification by a body such as UL or NEMA is a part of the specification for any material, proposal for use of alternative materials shall be accompanied by reports from the listed or equivalent recognized and industry accepted independent testing laboratory indicating compliance with specification requirements. The cost of all testing required to prove equality of the material proposed shall be borne by the Contractor. Approval of an alternative material shall be only for the characteristics or use named in such approval, and shall not be used to change or modify any Contract requirement.

G6.06 PLANT INSPECTION. The Engineer may inspect the production of material, or the manufacture of products, at the source of supply. Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producer. The Engineer or his/her authorized representative shall have free entry at all times A.10.e
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to such parts of the plant as concern the manufacture or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection. The Engineer assumes no obligation to inspect materials at the source of supply. The responsibility of incorporating satisfactory materials in the work rests entirely with the Contractor, notwithstanding any prior inspections or tests.

G6.07 PRODUCT AND REFERENCE STANDARDS. When descriptive catalog designations, including manufacturer's name, product brand name or model number are referred to in the Contract Documents, such designations shall be considered as being those found in industry publications in effect on the day the Notice to Bidders for the work is dated.

G6.08 SAMPLES. After the award of the Contract, the Contractor shall furnish to the Engineer samples indicated in the Specifications or requested by the Engineer. Samples shall be submitted without charge, with shipping charges prepaid. Materials for which samples are required shall not be used in the work until approved in writing by the Engineer.

Each sample shall be submitted in duplicate unless otherwise directed, and shall be labeled with the following data: name of project; name of Contractor; material represented and location in the project including specification reference; and producer information including brand, model, place of origin, and other pertinent information.

The Contractor shall forward a transmittal letter to the Engineer with each shipment of samples containing the information required in the previous paragraph. Approval of a sample shall be only for the characteristics and use named in the submittal and approval shall not be construed to change or modify any Contract requirement. Before submitting samples, the Contractor shall assure himself that the materials or equipment will be available in the quantities required in the project, as no change or substitution will be permitted after a sample has been approved unless approved by the Engineer in writing.

Samples of material from local sources shall be taken by or in the presence of the Engineer if so required by the Engineer; otherwise the samples will not be considered for testing.

Approved samples not damaged in testing may be incorporated in the finished work if marked for identification and approved by the Engineer. Materials incorporated in the work shall match the approved samples.

Failure of any material to pass the specified tests will be sufficient cause for refusal to consider under this Contract any further samples of the same brand, make or source of that material. The Engineer reserves the right to disapprove any material which has previously proven unsatisfactory in service.

Samples of material delivered on the site or in place may be taken by the Engineer for testing. Failure of samples to meet Contract requirements will annul previous approvals of the item tested.

G6.09 TESTING OF MATERIALS OR WORK. Materials to be used in the work will be subject to inspection and tests by the Engineer or his/her designated representative. The Contractor shall furnish, without charge, such samples as may be required and make available locations for required in place testing.

Materials and work shall be tested in accordance with the methods in use by the State of California, Department of Transportation, or by nationally recognized testing organizations or as specified in the Contract Documents. The Engineer will make or approve all testing. Unless otherwise noted in the Specifications, testing will be made at the expense of the Contractor. In any case, in the event that A.10.e
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any materials and work fail to pass tests, the cost of subsequent testing of similar materials and work as may be required by the Engineer shall be borne by the Contractor.

Test methods developed by the State of California, Department of Transportation are identified by the prefix Calif., followed by the serial number. Copies of individual test methods are available at the Transportation Laboratory, Sacramento, California.

Whenever a reference is made in the Specifications to a test method by Calif. number, it shall mean the test method in effect on the date of the Notice to Bidders for the work. Whenever a reference is made in the Specifications to a specification or test designation of the American Society for Testing and Materials, the American Association of State Highway Officials, Underwriters' Laboratories, Inc., or any other recognized national organization, and the number accompanying the test designation representing the year of adoption of the test has been omitted, the reference shall mean the test method in effect on the date of the Notice to Bidders for the work.

Whenever the Contract Documents provide an option between two or more test methods, the Engineer will determine the test method to be used.

Whenever a specification, manual or test designation provides for test reports (such as certified mill test reports) from the manufacturer, copies of such reports, identified as to the lot of material, shall be furnished to the Engineer. The manufacturer's test report shall supplement the inspection, sampling and testing provisions of this Section and shall not constitute a waiver of the City's right to inspect. When material which cannot be identified with specific test reports is proposed for use, the Engineer may, at his/her discretion, select random samples from the lot for testing. Testing specimens from the random samples, including those required for retest, shall be prepared in accordance with the referenced specification and furnished by the Contractor at its expense. The number of such samples and test specimens shall be entirely at the discretion of the Engineer.

G6.10 CERTIFICATE OF COMPLIANCE. A Certificate of Compliance shall be furnished prior to the use of any materials for which the Special Provisions or Specifications require that such Certificate be furnished. In addition, the Engineer may permit the use of certain materials prior to sampling and testing if accompanied by a Certificate of Compliance stating that the materials involved comply in all respects with the requirements of the Specifications. The Certificate shall be signed by the manufacturer of the material. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lots so certified shall be clearly identified in the Certificate.

All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time.

The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the Contract Documents, and any such material not conforming to such requirements will be subject to rejection whether in place or not.

The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.

The form of the Certificate of Compliance and its disposition shall be as approved by the Engineer.

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SECTION 7 LEGAL RELATIONS AND RESPONSIBILITIES

G7.01 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed concerning all requirements of law, including but not limited to all State and Federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

The Contractor shall at all times observe, and shall cause all its agents and employees to observe, all such requirements of laws and shall protect, indemnify and hold harmless the City and the Engineer, and all of their respective officers, agents and employees against all claims and liabilities arising from or based on the violation of any such requirement of law whether by the Contractor or its employees.

If any discrepancy or inconsistency is discovered in the Contract Documents for the work in relation to any such requirements of laws, the Contractor shall immediately report the same to the Engineer in writing. The Contract Documents shall be governed by the laws of the State of California.

G7.02 LABOR CODE REQUIREMENTS. Attention is directed to the following requirements of the Labor Code:

A. Hours of Labor. Eight hours labor constitutes a legal day's work. The Contractor shall forfeit, as penalty to the City, Twenty-Five Dollars ($25) for each workman employed in the performance of the Contract by the Contractor or by any subcontractor under him for each calendar day during which such workman is required or permitted to work more than eight hours in any one day and forty (40) hours in any one calendar week in violation of the provisions of the California Labor Code and in particular, Sections 1810 to 1815 thereof, inclusive, except that work performed by employees of the Contractor in excess of eight hours per day and forty (40) hours during any one week shall be permitted upon compensation for all hours worked in excess of eight hours per day at not less than one-and-one- half (1 ½) times the basic rate of pay, as provided in said Section 1815.

B. Labor Non-Discrimination. Attention is directed to Section 1735 of the Labor Code which provides the Contractor shall not discriminate against any employee who is employed on the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age of such persons, except as provided in Section 12940 of the Government Code.

C. Prevailing Wages. The Contractor shall comply with California Labor Code Sections 1770 to 1780, inclusive. In accordance with said Section 1775, the Contractor shall forfeit as a penalty to an amount determined by the Labor Commissioner not to exceed Fifty Dollars ($200.00) for each calendar day or portion thereof for each workman paid less than stipulated prevailing wage rates for such work or craft in which such worker is employed for any work done under the Contract by him or by any subcontractor under him in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.

Pursuant to the provisions of Section 1773 of the Labor Code the City shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work applicable to the work to be done from the Director of the Department of Industrial Relations. Copies A.10.e
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of the prevailing rates are on file at the City Office and are available to any interested party on request, or may be obtained directly from the DIR website at
http://www.dir.ca.gov/oprl/DPreWageDetermination.htm . Such wage rates must be prominently posted at the construction site.

The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its bid, and will not under any circumstances be considered as the basis of a claim against the City on the Contract.

D. Payroll Records. The Contractor's attention is directed to the following provisions of Labor Code Section 1776 and 1771.4. The Contractor shall be responsible for the compliance with these provisions by its subcontractors.

(a) Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work.

(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:

(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request.

(2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations.

(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, subcontractor and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Contractor.

(c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.

(d) Each contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within ten (10) days after receipt of a written request.

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(e) Each contractor and subcontractor shall furnish the records specified in Cal.

Labor Code section 1776 directly to the Labor Commissioner monthly in a format prescribed by the Labor Commissioner. (Cal Lab Code § 1771.4)

(f) Any copy of records made available for inspection as copies and furnished upon request to the public or the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor shall not be marked or obliterated.

(g) The Contractor shall inform the City of the location of records enumerated under subdivision (a), including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

(h) In the event of noncompliance with the requirements of this Section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this Section.

In the event that the Contractor fails to comply within the 10-day period, he/she shall, as a penalty to the State or the City, forfeit Twenty-Five Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due.

The penalties specified in subdivision (h) Labor Code Section 1776 for noncompliance with the provisions of said Section 1776 may be deducted from any monies due or which may become due to the Contractor.

The Contractor and each subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Contract.

E. Apprentices. The Contractor shall fully comply with the requirements of Sections 1777.5 and 1777.6 of the California Labor Code and the regulations of the California Apprenticeship Council. In accordance with Section 1777.5, the Contractor shall secure the necessary certificates and shall contribute to the apprenticeship fund or funds, as provided for therein. The Contractor shall require each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work to comply fully with Sections 1777.5 and 1777.6 of the Labor Code. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the State Division of Apprenticeship Standards and its branch offices.

F. Workers' Compensation. Pursuant to the requirements of Section 1860 of the California Labor Code, the Contractor will be required to secure the payment of workers' compensation to its employees in accordance with the provisions of Section 3700 of the Labor code.

Prior to commencement of work, the Contractor shall sign and file with the City, a certification in the following form:

"I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
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Said certification is included in the Contract, and signature and return of the Contract as provided in Section G3.03, "Execution of Contract," of the General Conditions, shall constitute signing and filing of the said certificate.

G7.03 AIR POLLUTION CONTROL. The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes that apply to any work performed pursuant to the Contract.

Material to be disposed of shall not be burned, either inside or outside the work site.

G7.04 WATER POLLUTION CONTROL. The Contractor shall exercise every reasonable precaution to protect streams, lakes, reservoirs, bays and coastal waters from pollution with fuels, oils, bitumens, calcium chloride and other harmful materials and shall conduct and schedule its operations so as to avoid or minimize the introduction of sediment into the stormwater system and muddying and silting of said streams, lakes, reservoirs, bays and coastal waters. Care shall be exercised to preserve roadside or other vegetation beyond the limits of construction. The use of the term "stream(s)" in this Section shall also include and mean any and all stormwater collection and conveyance systems/facilities whether private or public except when such definition is not appropriate/does not make sense.

Water pollution control work is intended to provide prevention, control, and abatement of water pollution to streams, waterways and other bodies of water, and shall consist of constructing those facilities which may be shown on the plans, specified herein or in the Special Provisions, or directed by the Engineer and instituting Best Management Practices and/or Performance Standards set forth in City's National Pollutant Discharge Elimination System Permit for the discharge of water into the waters of the State and/or conditions set forth in a project specific permit if so required by the State Water Resources Board/SF Regional Water Quality Board. Bidders and Contractor shall inform themselves of all relevant water pollution control requirements.

In order to provide effective and continuous control of water pollution it may be necessary for the Contractor to perform the Contract work in small or multiple units, on an out of phase schedule, and with modified construction procedures. The Contractor shall provide temporary water pollution control measures, Best Management Practices and Performance Standards, including but not limited to, dikes, basins, ditches, and applying straw and seed, which become necessary as a result of its operations.

The Contractor shall coordinate water pollution control work with all other work done on the Contract.

Before starting any work on the project, the Contractor shall submit, for acceptance by the Engineer, a program to control water pollution effectively during construction of the project. Such program shall show the schedule for the erosion control work included in the Contract and for all water pollution control measures that the Contractor proposes to take in connection with construction of the project to minimize the effects of its operations upon adjacent streams and other bodies of water. The Contractor shall not perform any clearing and grubbing or earthwork on the project, other than that specifically authorized in writing by the Engineer, until such program has been accepted.

If the measures being taken by the Contractor are inadequate to control water pollution effectively, the Engineer may direct the Contractor to revise its operations and its water pollution control program. Such directions will be in writing and will specify the items of work for which the Contractor's water pollution control measures are inadequate. No further work shall be performed on said items until the water pollution control measures are adequate and, if also required, a revised water pollution control A.10.e
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program has been accepted.

The Engineer will notify the Contractor of the acceptance or rejection of any submitted or revised water pollution control program in not more than five (5) days.

The City will not be liable to the Contractor for failure to accept all or any portion of an originally submitted or revised water pollution control program, nor for any delays to the work due to the Contractor's failure to submit an acceptable water pollution control program.

The Contractor may request the Engineer to waive the requirement for submission of a written program for control of water pollution when the nature of the Contractor's operation is such that erosion is not likely to occur. Waiver of this requirement will not relieve the Contractor from responsibility for compliance with the other provisions of this Section. Waiver of the requirement for a written program for control of water pollution will not preclude requiring submittal of a written program at a later time if the Engineer deems it necessary because of the effect of the Contractor's operations.

Where erosion which will cause water pollution is probable due to the nature of the material or the season of the year, the Contractor's operations shall be so scheduled that permanent erosion control features will be installed concurrently with or immediately following grading operations.

Nothing in the terms of the Contract nor in the provisions in this Section shall relieve the Contractor of the responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code, or other applicable statutes relating to prevention or abatement of water pollution.

The Contractor shall also conform to the following provisions:

1. Where working areas encroach on streams, barriers adequate to prevent the flow of muddy water into streams shall be constructed and maintained between working areas and streams, and during construction of such barriers, muddying of streams shall be held to a minimum.

2. Removal of material from beneath a flowing stream shall not be commenced until adequate means, such as a bypass channel, are provided to carry the stream free from mud or silt around the removal operations.

3. Should the Contractor's operations require transportation of materials across streams, such operations shall be conducted without muddying the stream. Mechanized equipment shall not be operated in the stream channels of such streams except as may be necessary to construct crossings or barriers and fills at channel changes.

4. Water containing mud or silt from aggregate washing or other operations shall be treated by filtration, or retention in a settling pond, or ponds, adequate to prevent muddy water from entering streams.

5. Oily or greasy substances originating from the Contractor's operations shall not be allowed to enter or be placed where they will later enter a stream.

6. Portland cement or fresh portland cement concrete shall not be allowed to enter flowing water of streams.

7. When operations are completed, the flow of streams shall be returned as nearly as possible to a meandering thread without creating possible future bank erosion and settling, A.10.e
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pond sites shall be graded so they will drain and will blend in with the surrounding terrain.

8. Material derived from roadway work shall not be deposited in a stream channel where it could be washed away by high stream flows.

9. Where there is possible migration of anadromous fish in streams affected by construction on the project, the Contractor shall conduct its operations so as to allow free passage of such migratory fish.

Compliance with the requirements of this Section shall in no way relieve the Contractor from its responsibility to comply with the other provisions of the Contract, in particular its responsibility for damage and for preservation or property.

Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor.

G7.05 REMOVAL, RELOCATION OR PROTECTION OF EXISTING UTILITIES. Pursuant to California Government Code section 4215, the City or other appropriate utility company shall identify and provide for the timely removal, relocation or protection of any existing main or trunkline utility facilities located on the site of the work to be completed with reasonable accuracy in the plans and specifications made part of the invitation for bids. If the contractor discovers utility facilities not identified by the City or others while performing the work, the Contractor shall immediately notify the City and owner of the utility in writing. For those utilities discovered by the Contractor, the City or other appropriate party as required will compensate the Contractor for the costs of locating, removing or relocating such utility facilities; repairing damage not due to the failure of the contractor to exercise reasonable care; and for equipment on the project necessarily idled during such work. The Contractor will not be assessed liquidated damages for delays in completion of the project due to the failure of the City or owner of the utility to provide for removal or relocation of such utility facilities. The Contractor shall contact the regional notification center, "Underground Service Alert," and schedule the work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and mark its facilities.

G7.06 SUBSURFACE EXCAVATIONS, NOTIFICATION.

The following provisions, drawn from Section 7104 of the Public Contracts Code, shall apply to any work which involves digging trenches or other excavations which extend deeper than four feet below the surface:

The Contractor shall promptly, and before the following conditions are disturbed, notify the District, in writing, of any:

Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

Subsurface or latent physical conditions at the site differing from those indicated.

Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

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The District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the Contract.

In the event that a dispute arises between the Owner and the Contractor as to whether the conditions materially so differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests.

G7.07 SOUND CONTROL REQUIREMENTS. The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract.

Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.

G7.08 USE OF PESTICIDES. The Contractor shall comply with all rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial Relations and all other agencies, which govern the use of pesticides required in the performance of the work on the Contract.

Pesticides shall include but shall not be limited to herbicides, insecticides, fungicides, rodenticides, germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants, and repellents.

Any substance or mixture of substances intended for preventing, repelling, mitigating or destroying weeds, insects, diseases, rodents or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered as pesticide.

G7.09 WEIGHT LIMITATIONS. Unless expressly permitted in the Technical Specifications, the Contractor shall not operate construction equipment or vehicles of any kind which, laden or unladen, exceed the maximum weight limits set forth in Division 15 of the Vehicle Code, over completed or existing base, surfacing, pavement or structures.

G7.10 PAYMENT OF TAXES. The Contract prices paid for the work shall include full compensation for all taxes which the Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate nor any document designed to exempt the Contractor from payment of any tax will be furnished to the Contractor by the City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract.

The Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether State or Federal, Social Security taxes, State Unemployment Insurance charges and all other taxes which are now or hereafter may be required to be paid or withheld under any laws.

G7.11 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses A.10.e
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(except those procured or to be procured by the City which are listed in the Special Provisions or Specifications), procure a City of Hollister business license, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work.

The Environmental Quality Act (Public Resources Code, Section 21000 to 21176) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from State or local agencies in connection with performing the work of the Contract. The Contractor shall comply with the provisions of that Act in obtaining such permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the work.

The Contractor shall comply with permits obtained by the City for the work, which are listed in the Special Provisions or Specifications.

G7.12 PATENTS. The Contractor shall assume all costs arising from the use of patented materials, equipment, devices or processes, used on or incorporated in the work and shall indemnify and save harmless the City, the Engineer, and their duly authorized representatives from all suits at law, or actions of every nature for, or on account of, the use of patented materials, equipment, devices or processes. In case such materials, equipment, devices or processes are held to constitute an infringement and their use enjoined, the Contractor, at its expense, shall: (a) secure for the City the right to continue using said materials, equipment, devices or processes by suspension of the injunction or by procuring a license or licenses, or (b) replace such materials, equipment, devices or processes, or (c) modify them so that they become non-infringing or remove the enjoined materials, equipment, devices or processes and refund the sums paid therefor without prejudice to any other rights of the City or the Engineer.

G7.13 SAFETY REQUIREMENTS. The Contractor shall promptly and fully comply with and carry out, and shall without separate charge therefor to the City, enforce compliance with the safety and first aid requirements prescribed by applicable State and Federal laws and regulations, rules and orders and as may be necessary to the end that work shall be done in a safe manner and that the safety and health of the employees and the people of local communities is safeguarded. The Contractor shall comply with OSHA regulations applicable to Contractor regarding necessary safety equipment or procedures. In the event of conflicting requirements, the most stringent requirement as it pertains to the Contractor’s safety responsibility applies.

Compliance with the provisions of this Section by subcontractors shall be the responsibility of the Contractor. All installed material, equipment and structures, without separate charge therefor to the City, shall fully conform with all applicable State and Federal safety laws, rules, regulations and orders and it shall be the Contractor's responsibility to furnish only such material, equipment and structures, notwithstanding any omission in the Contract Documents thereof or that a particular material, equipment or structure was indicated. During the performance of the work, the Contractor shall institute controls and procedures for the control and safety of persons visiting the job site.

Upon the failure of the Contractor to comply with any of the requirements of this Section, the Engineer shall have the authority, but not the duty, to stop any operations of the Contractor affected by such failure until such failure is remedied. No part of the time lost due to any such stop orders shall be made the subject of a claim for extension of time or for increased costs or damages by the Contractor. In no case shall the actions of the Engineer impose a duty of care on the City.

The Contractor shall maintain an accurate record of, and shall report to the Owner in writing, exposure data and all accidents resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies or equipment incident to work performed under the Contract. If death A.10.e
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or serious injuries or serious damages are caused, the accident shall be reported to the City immediately by telephone or messenger. In addition, the Contractor shall furnish the City with a copy of the Employer’s Report of Injury immediately following any incident requiring the filing of said report during the prosecution of the Work. The Contractor also shall furnish the City with a copy of the Employer’s Report of Injury involving any subcontractors on the project. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the Work being performed under the Contract.

The Contractor may not submit a claim for extension of time or for extra costs or for any damages as a result of any stop work order for items related to this Section that is issued by a proper authority, including the City.

No provisions of this Contract will act to make the City and Engineer/Architect, its consultants, or any other party other than the Contractor responsible for safety. The Contractor will indemnify, defend, and hold harmless the City, its officers, employees, and agents from and against any and all actions, damages, fines, and loses arising from the Contractors failure to meet all the safety requirements or provide a safe work site.

G7.14 TRENCH EXCAVATION SAFETY PLAN. Attention is directed to California Labor Code section 6705. At least five (5) days in advance of excavation of any trench five feet or more in depth, the Contractor shall submit to the Engineer for acceptance a detailed plan showing the design of shoring, bracing, sloping and other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the State Construction Safety Orders, the plan shall be prepared and signed by a registered civil or structural engineer. Nothing in this Section shall be deemed to allow the use of a shoring, sloping or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety. Nothing in this Section shall be construed to impose liability on the City, the Engineer or any of their employees.

Hollister City CouncilJanuary 17, 2023

Hollister City Council
January 17, 2023